I

104TH CONGRESS

1ST SESSION H. R. 1827

To amend title 49, United States Code, to eliminate the requirement for

preemployment alcohol testing in the mass transit, railroad, motor carrier, and aviation industries, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 13, 1995

Mr. MINETA introduced the following bill; which was referred to the

Committee on Transportation and Infrastructure

A BILL

To amend title 49, United States Code, to eliminate the

requirement for preemployment alcohol testing in the

mass transit, railroad, motor carrier, and aviation industries, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Omnibus Transpor5 tation Employee Testing Act Amendments of 1995’’.

6 SEC. 2. MASS TRANSIT TESTING.

7 Section 5331(b)(1)(A) of title 49, United States

8 Code, is amended to read as follows:
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1 ‘‘(b) TESTING PROGRAM FOR MASS TRANSPOR2 TATION EMPLOYEES.—(1)(A) In the interest of mass

3 transportation safety, the Secretary of Transportation

4 shall prescribe regulations that establish a program re5 quiring mass transportation operations that receive finan6 cial assistance under section 5307, 5309, or 5311 of this

7 title or section 103(e)(4) of title 23 to conduct

8 preemployment, reasonable suspicion, random and post9 accident testing of mass transportation employees respon10 sible for safety-sensitive functions (as decided by the Sec11 retary) for the use of a controlled substance in violation

12 of law or a United States Government regulation; and to

13 conduct reasonable suspicion, random and post-accident

14 testing of such employees for the use of alcohol in violation

15 of law or a United States Government regulation. The reg16 ulations shall permit such operations to conduct

17 preemployment testing of such employees for the use of

18 alcohol.’’.

19 SEC. 3. RAILROAD TESTING.

20 Section 20140(b)(1)(A) of title 49, United States

21 Code, is amended to read as follows:

22 ‘‘(A) a railroad carrier to conduct

23 preemployment, reasonable suspicion, random and

24 post-accident testing of all railroad employees re25 sponsible for safety-sensitive functions (as decided
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1 by the Secretary) for the use of a controlled sub2 stance in violation of law or a United States Govern3 ment regulation; and to conduct reasonable sus4 picion, random and post-accident testing of such em5 ployees for the use of alcohol in violation of law or

6 a United States Government regulation. The regula7 tions shall permit such railroad carriers to conduct

8 preemployment testing of such employees for the use

9 of alcohol; and’’.

10 SEC. 4. MOTOR CARRIER TESTING.

11 Section 31306(b)(1)(A) of title 49, United States

12 Code, is amended to read as follows:

13 ‘‘(b) TESTING PROGRAM FOR OPERATORS OF COM14 MERCIAL MOTOR VEHICLES.—(1)(A) In the interest of

15 commercial motor vehicle safety, the Secretary of Trans16 portation shall prescribe regulations that establish a pro17 gram requiring motor carriers to conduct preemployment,

18 reasonable suspicion, random and post-accident testing of

19 operators of commercial motor vehicles for the use of con20 trolled substance in violation of law or a United States

21 Government regulation; and to conduct reasonable sus22 picion, random and post-accident testing of such operators

23 for the use of alcohol in violation of law or a United States

24 Government regulation. The regulations shall permit such
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1 motor carriers to conduct preemployment testing of such

2 employees for the use of alcohol.’’.

3 SEC. 5. AVIATION TESTING.

4 (a) Section 45102(a)(1) of title 49, United States

5 Code, is amended to read as follows:

6 ‘‘(a) PROGRAM FOR EMPLOYEES OF AIR CARRIERS

7 AND FOREIGN AIR CARRIERS.—(1) In the interest of avia8 tion safety, the Administrator of the Federal Aviation Ad9 ministration shall prescribe regulations that establish a

10 program requiring air carriers and foreign air carriers to

11 conduct preemployment, reasonable suspicion, random and

12 post-accident testing of airmen, crewmembers, airport se13 curity screening contract personnel, and other air carrier

14 employees responsible for safety-sensitive functions (as de15 cided by the Administrator) for the use of a controlled

16 substance in violation of law or a United States Govern17 ment regulation; and to conduct reasonable suspicion, ran18 dom and post-accident testing of airmen, crewmembers,

19 airport security screening contract personnel, and other

20 air carrier employees responsible for safety-sensitive func21 tions (as decided by the Administrator) for the use of alco22 hol in violation of law or a United States Government reg23 ulation. The regulations shall permit air carriers and for24 eign air carriers to conduct preemployment testing of air25 men, crewmembers, airport security screening contract
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1 personnel, and other air carrier employees responsible for

2 safety-sensitive functions (as decided by the Adminis3 trator) for the use of alcohol.’’.

4 (b) Section 45102(b)(1) of title 49, United States

5 Code, is amended to read as follows:

6 ‘‘(b) PROGRAM FOR EMPLOYEES OF THE FEDERAL

7 AVIATION ADMINISTRATION.—(1) The Administrator

8 shall establish a program of preemployment, reasonable

9 suspicion, random and post-accident testing for the use

10 of a controlled substance in violation of law or a United

11 States Government regulation for employees of the Admin12 istration whose duties include responsibility for safety-sen13 sitive functions; and shall establish a program of reason14 able suspicion, random and post-accident testing for the

15 use of alcohol in violation of law or a United States Gov16 ernment regulation for such employees. The Administrator

17 may establish a program of preemployment testing for the

18 use of alcohol for such employees.’’.

19 SEC. 6. EFFECTIVE DATE.

20 The amendments made by this Act are effective on

21 the date of enactment of the Act.

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