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H.R. 4017 (104th): Drug-Free Workplace and Public Safety Assurance Act of 1996

The text of the bill below is as of Aug 2, 1996 (Introduced).


HR 4017 IH

104th CONGRESS

2d Session

H. R. 4017

To amend the Americans with Disabilities Act of 1990 with respect to safety-sensitive employment functions and individuals who have a record or history of the habitual or regular use of illegal drugs or of the abuse of alcohol, or of clinical alcoholism, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

August 2, 1996

Mr. ZELIFF (for himself, Mr. HASTERT, Mr. BURTON of Indiana, Mr. SOUDER, Mr. BARTON of Texas, and Mr. SCARBOROUGH) introduced the following bill; which was referred to the Committee on Economic and Educational Opportunities


A BILL

To amend the Americans with Disabilities Act of 1990 with respect to safety-sensitive employment functions and individuals who have a record or history of the habitual or regular use of illegal drugs or of the abuse of alcohol, or of clinical alcoholism, 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 ‘Drug-Free Workplace and Public Safety Assurance Act of 1996’.

SEC. 2. AMENDMENTS REGARDING PERFORMANCE OF SAFETY-SENSITIVE FUNCTIONS BY EMPLOYEES WITH RECORD OF SUBSTANCE ABUSE.

    (a) IN GENERAL- Section 104(a) of the Americans With Disabilities Act of 1990 (42 U.S.C. 12114(a)) is amended--

      (1) by striking ‘(a) QUALIFIED’ and all that follows through ‘of this title,’ and inserting the following:

    ‘(a) QUALIFIED INDIVIDUAL WITH A DISABILITY-

      ‘(1) EXCLUSION REGARDING CURRENT ILLEGAL USE OF DRUGS- For purposes of this title,’; and

      (2) by inserting at the end the following paragraph:

      ‘(2) EXCLUSION REGARDING SAFETY-SENSITIVE FUNCTIONS AND RECORD OF SUBSTANCE ABUSE-

        ‘(A) IN GENERAL- With respect to the performance of a safety-sensitive employment function by an individual with a disability, an employee or applicant shall not be considered to be a qualified individual with a disability for purposes of this title if, subject to subparagraph (B), the status of the employee or applicant as an individual with a disability is based in whole or in part on the fact that the employee or applicant has a medical, legal, or other verifiable record or history of the habitual or regular use of illegal drugs or of the abuse of alcohol, or of clinical alcoholism. This paragraph applies notwithstanding any other provision of law.

        ‘(B) LONG-TERM EXCLUSION- An employee with a medical, legal, or other verifiable record or history of the illegal use of drugs shall be permanently excluded from employment in a safety-sensitive employment function; an employee with a medical, legal, or other verifiable record or history of the abuse of alcohol, or of clinical alcoholism, shall be excluded from employment in a safety-sensitive employment function for at least 10 years.

        ‘(C) SAFETY-SENSITIVE EMPLOYMENT FUNCTION- For purposes of this paragraph, the term ‘safety-sensitive’, with respect to an employment function, means an employment function that, if performed improperly, would pose a significant risk of physical harm to one or more persons or a significant risk of substantial damage to real or personal property.

        ‘(D) REHABILITATION ACT OF 1973- This paragraph applies with respect to sections 503 and 504 of the Rehabilitation Act of 1973 to the same extent and in the same manner as this paragraph applies with respect to this title.’.

    (b) CONFORMING AMENDMENTS-

      (1) AMERICANS WITH DISABILITIES ACT OF 1990- Section 104(b) of the Americans With Disabilities Act of 1990 (42 U.S.C. 12114(b)) is amended in the matter preceding paragraph (1) by striking ‘subsection (a)’ and inserting ‘subsection (a)(1)’.

      (2) REHABILITATION ACT OF 1973- Section 7(8) of the Rehabilitation Act of 1973 (29 U.S.C. 706(8)) is amended by adding at the end the following subparagraph:

    ‘(G) With respect to sections 503 and 504 as such sections relate to employment, this paragraph is subject to section 104(a)(2)(D) of the Americans with Disabilities Act of 1990 (relating to safety-sensitive employment functions and the abuse of drugs or alcohol).’.

SEC. 3. EFFECTIVE DATE.

    The amendments made by section 2 are effective in the case of any cause of action arising under title I of the Americans with Disabilities Act of 1990 on or after the date of the enactment of this Act.