Page:United States Statutes at Large Volume 105 Part 1.djvu/981

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PUBLIC LAW 102-143—OCT. 28, 1991 105 STAT. 953 (2) millions of the Nation's citizens utilize transportation by aircraft, railroads, trucks, and buses, and depend on the operators of aircraft, trains, trucks, and buses to perform in a safe and responsible manner; (3) the greatest efforts must be expended to eliminate the abuse of alcohol and use of illegal drugs, whether on duty or off duty, by those individuals who are involved in the operation of aircraft, trains, trucks, and buses; (4) the use of alcohol and illegal drugs has been demonstrated to affect significantly the performance of individuals, and has been proven to have been a critical factor in transportation accidents; (5) the testing of uniformed personnel of the Armed Forces has shown that the most effective deterrent to abuse of alcohol and use of illegal drugs is increased testing, including random testing; (6) adequate safeguards can be implemented to ensure that testing for abuse of alcohol or use of illegal drugs is performed in a manner which protects an individual's right of privacy, ensures that no individual is harassed by being treated dif- ferently from other individuals, and ensures that no individual's reputation or career development is unduly threatened or harmed; and (7) rehabilitation is a critical component of any testing program for abuse of alcohol or use of illegal drugs, and should be made available to individuals, as appropriate. TESTING TO ENHANCE AVIATION SAFETY SEC. 3. (a) Title VI of the Federal Aviation Act of 1958 (49 App. U.S.C. 1421 et seq.) is amended by adding at the end thereof the following: "SEC. 614. ALCOHOL AND CONTROLLED SUBSTANCES TESTING. 49 USC app. "(a) TESTING PROGRAM. — "(1) PROGRAM FOR EMPLOYEES OF CARRIERS. —The Adminis- Regulations, trator shall, in the interest of aviation safety, prescribe regulations within 12 months after the date of enactment of this section. Such regulations shall establish a program which requires air carriers and foreign air carriers to conduct premployment, reasonable suspicion, random, and postaccident testing of airmen, crewmembers, airport security screening contract personnel, and other air carrier employees responsible for safety-sensitive functions (as determined by the Administrator) for use, in violation of law or Federal regulation, of alcohol or a controlled substance. The Administrator may also prescribe regulations, as the Administrator considers appropriate in the interest of safety, for the conduct of periodic recurring testing of such employees for such use in violation of law or Federal regulation. "(2) PROGRAM FOR FAA EMPLOYEES,—The Administrator shall establish a program applicable to employees of the Federal Aviation Administration whose duties include responsibility for safety-sensitive functions. Such program shall provide for premployment, reasonable suspicion, random, and post-ac - cident testing for use, in violation of law or Federal regulation, of alcohol or a controlled substance. The Administrator may