2021 US Code
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 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 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 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—

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1222; Pub. L. 107–71, title I, §139(2), Nov. 19, 2001, 115 Stat. 640.)

In subsection (b), the words "Notwithstanding subsection (a) of this section" are added for clarity.

2001—Pub. L. 107–71 substituted "screening employee" for "screening contract employee" wherever appearing.