Page:United States Statutes at Large Volume 102 Part 5.djvu/520

 102 STAT. 4526

PUBLIC LAW 100-690—NOV. 18, 1988

establish a 3-year pilot, regional program for training law enforcement officers to recognize and identify individuals who are operating a motor vehicle while under the influence of alcohol or 1 or more controlled substances or other drugs. (b) REPORT.—Not later than 1 year after the completion of the pilot program under this section, the Secretary of Transportation shall transmit to Congress a report on the effectiveness of such pilot program together with any recommendations. (c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 1989, $7,000,000 for fiscal year 1990, and $9,000,000 for fiscal year 1991. Such sums shall remain available until expended. 23 USC 403 note.

SEC. 9005. PILOT GRANT PROGRAM FOR RANDOM TESTING FOR ILLEGAL DRUG USE.

(a) ESTABLISHMENT OF PiLOT PROGRAM.—The Secretary shall design, within 9 months after the date of the enactment of this Act, and implement, within 15 months after the date of the enactment of this Act, a pilot State grant program for the purpose of testing individuals described in subsection (e)(1) to determine whether such individuals have used, without lawful authorization, a controlled substance. (b) STATE PARTICIPATION.—The Secretary shall solicit the participation of States from those States interested in participating in such a program not more than 4 States to participate in the program. (c) STATE SELECTION PROCESS.—The Secretary shall ensure that the selection made pursuant to this section is representative of varying geographical and population characteristics of the Nation, and takes into consideration the historical geographical incidence of motor vehicle accidents involving loss of human life. In selecting the States for participation, the Secretary shall attempt to solicit States which meet the following criteria: (1) One of the States shall be a western State which is one of the 3 most populous States, with numerous large cities, with at least one city exceeding 7,000,000 people. The State should have a diverse demographic population with larger than average drug use according to reliable surveys. (2) One of the remaining States should be a southern State^ one a northeeistern State, and one a central State. (3) One of the remaining States should be mciinly rural and among the least populous States. (4) One of the remaining States should have less than average drug use according to reliable surveys. (d) LENGTH OF PROGRAM.—The pilot program authorized by this section shall continue for a period of 1 year. The Secretary shall consider alternative methodologies for implementing a system of random testing of such individuals. (e) REQUIREMENTS FOR STATE PARTICIPATION.— (1) PERSONS TO BE TESTED.—Each State participating

in the test program shall test for controlled substances in accordance with paragraph (2) individuals who— (A) are applicants seeking the privilege to drive, and (B) have never been issued a driver's license by any State (2) TYPES OF TESTING.—To deter drug use and promote high way safety, all individuals described in paragraph (1) shall be subject to random testing— (A) prior to issuance of driver's licenses, and

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