Page:United States Statutes at Large Volume 109 Part 1.djvu/626

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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