
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-71 Section 139(1)]
[CITE: 49USC45102]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart iii--safety
 
         CHAPTER 451--ALCOHOL AND CONTROLLED SUBSTANCES TESTING
 
Sec. 45102. Alcohol and controlled substances testing programs

    (a) Program for Employees of Air Carriers and Foreign Air 
Carriers.--(1) In the interest of aviation safety, the Administrator of 
the Federal Aviation Administration shall prescribe regulations that 
establish a program requiring air carriers and foreign air carriers to 
conduct preemployment, 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 a 
controlled substance in violation of law or a United States Government 
regulation; and to conduct 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 preemployment 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) When the Administrator considers it appropriate in the interest 
of safety, the Administrator may prescribe regulations for conducting 
periodic recurring testing of airmen, crewmembers, airport security 
screening contract personnel, and other air carrier employees 
responsible for safety-sensitive functions for the use of alcohol or a 
controlled substance in violation of law or a Government regulation.
    (b) Program for Employees of the Federal Aviation Administration.--
(1) The Administrator shall establish a program of preemployment, 
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 preemployment testing for the use of alcohol for such employees.
    (2) When the Administrator considers it appropriate in the interest 
of safety, the Administrator may prescribe regulations for conducting 
periodic recurring testing of employees of the Administration 
responsible for safety-sensitive functions for use of alcohol or a 
controlled substance in violation of law or a Government regulation.
    (c) Sanctions.--In prescribing regulations under the programs 
required by this section, the Administrator shall require, as the 
Administrator considers appropriate, the suspension or revocation of any 
certificate issued to an individual referred to in this section, or the 
disqualification or dismissal of the individual, under this chapter when 
a test conducted and confirmed under this chapter indicates the 
individual has used alcohol or a controlled substance in violation of 
law or a Government regulation.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1221; Pub. L. 104-
59, title III, Sec. 342(d), Nov. 28, 1995, 109 Stat. 609.)

                                          Historical and Revision Notes
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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---------------------------------
45102(a)..............................  49 App.:1434(a)(1).              Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  614(a); added Oct. 28,
                                                                          1991,
 Pub. L. 102-143, Sec.  3(a), 105
                                                                          Stat.
 953.
45102(b)..............................  49 App.:1434(a)(2).
45102(c)..............................  49 App.:1434(a)(3).
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---------------------------------

    In subsections (a)(2) and (b)(2), the word ``also'' is omitted as 
surplus.


                               Amendments

    1995--Subsec. (a)(1). Pub. L. 104-59, Sec. 342(d)(1), added par. (1) 
and struck out former par. (1) which read as follows: ``In the interest 
of aviation safety, the Administrator of the Federal Aviation 
Administration shall prescribe regulations not later than October 28, 
1992, that establish a program requiring air carriers and foreign air 
carriers to conduct preemployment, 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 or a controlled substance in violation of law or a United 
States Government regulation.''
    Subsec. (b)(1). Pub. L. 104-59, Sec. 342(d)(2), added par. (1) and 
struck out former par. (1) which read as follows: ``The Administrator 
shall establish a program of preemployment, reasonable suspicion, 
random, and post-accident testing for the use of alcohol or a controlled 
substance in violation of law or a Government regulation for employees 
of the Administration whose duties include responsibility for safety-
sensitive functions.''


            Rulemaking on Random Testing for Prohibited Drugs

    Pub. L. 103-305, title V, Sec. 501, Aug. 23, 1994, 108 Stat. 1594, 
provided that: ``Not later than 180 days after the date of the enactment 
of this Act [Aug. 23, 1994], the Secretary shall complete a rulemaking 
proceeding and issue a final decision on whether there should be a 
reduction in the annualized rate now required by the Secretary of random 
testing for prohibited drugs for personnel engaged in aviation 
activities.''

                  Section Referred to in Other Sections

    This section is referred to in sections 45104, 45105 of this title.
