
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-71 Section 139(2)]
[CITE: 49USC45103]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart iii--safety
 
         CHAPTER 451--ALCOHOL AND CONTROLLED SUBSTANCES TESTING
 
Sec. 45103. Prohibited service

    (a) Use of Alcohol or a Controlled Substance.--An individual may not 
use alcohol or a controlled substance after October 28, 1991, in 
violation of law or a United States Government regulation and serve as 
an airman, crewmember, airport security screening contract employee, air 
carrier employee responsible for safety-sensitive functions (as decided 
by the Administrator of the Federal Aviation Administration), or 
employee of the Administration with responsibility for safety-sensitive 
functions.
    (b) Rehabilitation Required To Resume Service.--Notwithstanding 
subsection (a) of this section, an individual found to have used alcohol 
or a controlled substance after October 28, 1991, in violation of law or 
a Government regulation may serve as an airman, crewmember, airport 
security screening contract employee, air carrier employee responsible 
for safety-sensitive functions (as decided by the Administrator), or 
employee of the Administration with responsibility for safety-sensitive 
functions only if the individual completes a rehabilitation program 
described in section 45105 of this title.
    (c) Performance of Prior Duties Prohibited.--An individual who 
served as an airman, crewmember, airport security screening contract 
employee, air carrier employee responsible for safety-sensitive 
functions (as decided by the Administrator), or employee of the 
Administration with responsibility for safety-sensitive functions and 
who was found by the Administrator to have used alcohol or a controlled 
substance after October 28, 1991, in violation of law or a Government 
regulation may not carry out the duties related to air transportation 
that the individual carried out before the finding of the Administrator 
if the individual--
        (1) used the alcohol or controlled substance when on duty;
        (2) began or completed a rehabilitation program described in 
    section 45105 of this title before using the alcohol or controlled 
    substance; or
        (3) refuses to begin or complete a rehabilitation program 
    described in section 45105 of this title after a finding by the 
    Administrator under this section.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1222.)

                                          Historical and Revision Notes
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           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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45103(a)..............................  49 App.:1434(b)(1).              Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  614(b); added Oct. 28,
                                                                          1991,
 Pub. L. 102-143, Sec.  3(a), 105
                                                                          Stat.
 954.
45103(b)..............................  49 App.:1434(b)(2).
45103(c)..............................  49 App.:1434(b)(3).
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    In subsection (b), the words ``Notwithstanding subsection (a) of 
this section'' are added for clarity.
