[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1827 Introduced in House (IH)]

  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.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Omnibus Transportation Employee 
Testing Act Amendments of 1995''.

SEC. 2. MASS TRANSIT TESTING.

    Section 5331(b)(1)(A) of title 49, United States Code, is amended 
to read as follows:
    ``(b) Testing Program for Mass Transportation Employees.--(1)(A) In 
the interest of mass transportation safety, the Secretary of 
Transportation shall prescribe regulations that establish a program 
requiring mass transportation operations that receive financial 
assistance under section 5307, 5309, or 5311 of this title or section 
103(e)(4) of title 23 to conduct preemployment, reasonable suspicion, 
random and post-accident testing of mass transportation employees 
responsible for safety-sensitive functions (as decided by the 
Secretary) for the use of a controlled substance in violation of law or 
a United States Government regulation; and to conduct reasonable 
suspicion, random and post-accident testing of such employees for the 
use of alcohol in violation of law or a United States Government 
regulation. The regulations shall permit such operations to conduct 
preemployment testing of such employees for the use of alcohol.''.

SEC. 3. RAILROAD TESTING.

    Section 20140(b)(1)(A) of title 49, United States Code, is amended 
to read as follows:
            ``(A) a railroad carrier to conduct preemployment, 
        reasonable suspicion, random and post-accident testing of all 
        railroad employees responsible for safety-sensitive functions 
        (as decided by the Secretary) for the use of a controlled 
        substance in violation of law or a United States Government 
        regulation; and to conduct reasonable suspicion, random and 
        post-accident testing of such employees for the use of alcohol 
        in violation of law or a United States Government regulation. 
        The regulations shall permit such railroad carriers to conduct 
        preemployment testing of such employees for the use of alcohol; 
        and''.

SEC. 4. MOTOR CARRIER TESTING.

    Section 31306(b)(1)(A) of title 49, United States Code, is amended 
to read as follows:
    ``(b) Testing Program for Operators of Commercial Motor Vehicles.--
(1)(A) In the interest of commercial motor vehicle safety, the 
Secretary of Transportation shall prescribe regulations that establish 
a program requiring motor carriers to conduct preemployment, reasonable 
suspicion, random and post-accident testing of operators of commercial 
motor vehicles for the use of controlled substance in violation of law 
or a United States Government regulation; and to conduct reasonable 
suspicion, random and post-accident testing of such operators for the 
use of alcohol in violation of law or a United States Government 
regulation. The regulations shall permit such motor carriers to conduct 
preemployment testing of such employees for the use of alcohol.''.

SEC. 5. AVIATION TESTING.

    (a) Section 45102(a)(1) of title 49, United States Code, is amended 
to read as follows:
    ``(a) Program for Employees of Air Carriers and Foreign Air 
Carriers.--(1) In the interest of aviation safety, the Administrator of 
the Federal Aviation Administration shall prescribe regulations that 
establish a program requiring air carriers and foreign air carriers to 
conduct preemployment, reasonable suspicion, random and post-accident 
testing of airmen, crewmembers, airport security screening contract 
personnel, and other air carrier employees responsible for safety-
sensitive functions (as decided by the Administrator) for the use of a 
controlled substance in violation of law or a United States Government 
regulation; and to conduct reasonable suspicion, random and post-
accident testing of airmen, crewmembers, airport security screening 
contract personnel, and other air carrier employees responsible for 
safety-sensitive functions (as decided by the Administrator) for the 
use of alcohol in violation of law or a United States Government 
regulation. The regulations shall permit air carriers and foreign air 
carriers to conduct preemployment testing of airmen, crewmembers, 
airport security screening contract personnel, and other air carrier 
employees responsible for safety-sensitive functions (as decided by the 
Administrator) for the use of alcohol.''.
    (b) Section 45102(b)(1) of title 49, United States Code, is amended 
to read as follows:
    ``(b) Program for Employees of the Federal Aviation 
Administration.--(1) The Administrator shall establish a program of 
preemployment, reasonable suspicion, random and post-accident testing 
for the use of a controlled substance in violation of law or a United 
States Government regulation for employees of the Administration whose 
duties include responsibility for safety-sensitive functions; and shall 
establish a program of reasonable suspicion, random and post-accident 
testing for the use of alcohol in violation of law or a United States 
Government regulation for such employees. The Administrator may 
establish a program of preemployment testing for the use of alcohol for 
such employees.''.

SEC. 6. EFFECTIVE DATE.

    The amendments made by this Act are effective on the date of 
enactment of the Act.
                                 <all>