109 STAT. 610
PUBLIC LAW 104-59—NOV. 28, 1995
reasonable suspicion, random, and post-accident testing of airmen,
crew members, 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
premployment testing of airmen, crew members, 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.".
(2) PROGRAM FOR EMPLOYEES OF THE FEDERAL AVIATION
ADMINISTRATION.—Section 45102(b) of title 49, United States
Code, is amended by striMng the subsection designation and
all that follows through paragraph (1) and inserting the following:
" (b) PROGRAM FOR EMPLOYEES OF THE FEDERAL AVIATION
ADMINISTRATION. — (1) The Administrator shall establish a program
of premployment, 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
premployment testing for the use of alcohol for such employees.".
SEC. 343. NATIONAL DRIVER REGISTER
Section 30308(a) of title 49, United States Code, is amended
by striking "and $2,550,000 for fiscal year 1995" and inserting
"and $2,550,000 for each of fiscal years 1995 and 1996".
SEC. 344. COMMERCIAL MOTOR VEHICLE SAFETY PILOT PROGRAM.
Section 31136(e) of title 49, United States Code, is amended—
(1) by inserting "(1) IN GENERAL.— " before "After";
(2) by indenting paragraph (1), as designated by paragraph
(1) of this section, and moving that paragraph 2 ems to the
right; and
(3) by adding at the end the following:
" (2) COMMERCIAL MOTOR VEHICLE SAFETY PILOT PROGRAM.—
"(A) IN GENERAL. — Not later than the 270th day following the date of the enactment of this paragraph, the Secretary shall implement a commercial motor vehicle regulatory relief and safety pilot program (hereinafter in this
paragraph referred to as the 'program') to grant and to
monitor exemptions from the provisions of this section and
sections 504 and 31502. The program shall provide that
the Secretary, within 120 days after receiving an application for participation in the program from an employer,
shall determine whether to exempt some or all of the
eligible vehicles operated by the applicant, and some or
all of the drivers of such vehicles employed by the applicant,
from some or all of the regulations prescribed under this
section and sections 504 and 31502—
"(i) if the applicant has a satisfactory safety rating
issued by the Secretary or meets criteria established
by the Secretary pursuant to subparagraph (J) instead
of such rating; and
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