[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1055 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1055

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 SENATE OF THE UNITED STATES

                July 21 (legislative day, July 10), 1995

 Mr. Hollings introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 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--
            (1) by striking ``not later than October 28, 1992,'';
            (2) by striking ``alcohol or''; and
            (3) by striking ``regulation.''and inserting ``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--
            (1) by striking ``alcohol or''; and
            (2) by inserting after ``regulation; and'' the following: 
        ``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, and such 
        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--
            (1) by striking ``not later than October 28, 1992,'';
            (2) by striking ``alcohol or''; and
            (3) by striking ``regulation.'' and inserting ``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 motor carriers to conduct 
        preemployment testing of such employees for the use of 
        alcohol.''.

SEC. 5. AVIATION TESTING.

    (a) Employees of Air Carriers and Foreign Air Carriers.--Section 
45102(a)(1) of title 49, United States Code, is amended--
            (1) by striking ``not later than October 28, 1992,'';
            (2) by striking ``alcohol or''; and
            (3) by striking ``regulation.'' and inserting ``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) FAA Employees.--Section 45102(b)(1) of such title is amended--
            (1) by striking ``alcohol or''; and
            (2) by striking ``functions.'' and inserting ``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 take effect on the date of 
enactment of this Act.
                                 <all>