-CITE-

49 USC CHAPTER 451 - ALCOHOL AND CONTROLLED SUBSTANCES

TESTING 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 451 - ALCOHOL AND CONTROLLED SUBSTANCES TESTING

-HEAD-

CHAPTER 451 - ALCOHOL AND CONTROLLED SUBSTANCES TESTING

-MISC1-

Sec.

45101. Definition.

45102. Alcohol and controlled substances testing programs.

45103. Prohibited service.

45104. Testing and laboratory requirements.

45105. Rehabilitation.

45106. Relationship to other laws, regulations, standards,

and orders.

45107. Transportation Security Administration.

AMENDMENTS

2001 - Pub. L. 107-71, title I, Sec. 139(5), Nov. 19, 2001, 115

Stat. 641, added item 45107.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 106 of this title.

-End-

-CITE-

49 USC Sec. 45101 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 451 - ALCOHOL AND CONTROLLED SUBSTANCES TESTING

-HEAD-

Sec. 45101. Definition

-STATUTE-

In this chapter, "controlled substance" means any substance under

section 102 of the Comprehensive Drug Abuse Prevention and Control

Act of 1970 (21 U.S.C. 802) specified by the Administrator of the

Federal Aviation Administration.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1221.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

45101 49 App.:1434(f). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

614(f); added Oct. 28, 1991,

Pub. L. 102-143, Sec. 3(a),

105 Stat. 956.

--------------------------------------------------------------------

-End-

-CITE-

49 USC Sec. 45102 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 451 - ALCOHOL AND CONTROLLED SUBSTANCES TESTING

-HEAD-

Sec. 45102. Alcohol and controlled substances testing programs

-STATUTE-

(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 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 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 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 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.

-SOURCE-

(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; Pub.

L. 107-71, title I, Sec. 139(1), Nov. 19, 2001, 115 Stat. 640.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

45102(a) 49 App.:1434(a)(1). Aug. 23, 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).

--------------------------------------------------------------------

In subsections (a)(2) and (b)(2), the word "also" is omitted as

surplus.

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-71 substituted "personnel" for

"contract personnel" wherever appearing.

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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 45104, 45105, 45107 of

this title.

-End-

-CITE-

49 USC Sec. 45103 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 451 - ALCOHOL AND CONTROLLED SUBSTANCES TESTING

-HEAD-

Sec. 45103. Prohibited service

-STATUTE-

(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 -

(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.

-SOURCE-

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

107-71, title I, Sec. 139(2), Nov. 19, 2001, 115 Stat. 640.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

45103(a) 49 App.:1434(b)(1). Aug. 23, 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).

--------------------------------------------------------------------

In subsection (b), the words "Notwithstanding subsection (a) of

this section" are added for clarity.

AMENDMENTS

2001 - Pub. L. 107-71 substituted "screening employee" for

"screening contract employee" wherever appearing.

-End-

-CITE-

49 USC Sec. 45104 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 451 - ALCOHOL AND CONTROLLED SUBSTANCES TESTING

-HEAD-

Sec. 45104. Testing and laboratory requirements

-STATUTE-

In carrying out section 45102 of this title, the Administrator of

the Federal Aviation Administration shall develop requirements that

-

(1) promote, to the maximum extent practicable, individual

privacy in the collection of specimens;

(2) for laboratories and testing procedures for controlled

substances, incorporate the Department of Health and Human

Services scientific and technical guidelines dated April 11,

1988, and any amendments to those guidelines, including mandatory

guidelines establishing -

(A) comprehensive standards for every aspect of laboratory

controlled substances testing and laboratory procedures to be

applied in carrying out this chapter, including standards

requiring the use of the best available technology to ensure

the complete reliability and accuracy of controlled substances

tests and strict procedures governing the chain of custody of

specimens collected for controlled substances testing;

(B) the minimum list of controlled substances for which

individuals may be tested; and

(C) appropriate standards and procedures for periodic review

of laboratories and criteria for certification and revocation

of certification of laboratories to perform controlled

substances testing in carrying out this chapter;

(3) require that a laboratory involved in controlled substances

testing under this chapter have the capability and facility, at

the laboratory, of performing screening and confirmation tests;

(4) provide that all tests indicating the use of alcohol or a

controlled substance in violation of law or a United States

Government regulation be confirmed by a scientifically recognized

method of testing capable of providing quantitative information

about alcohol or a controlled substance;

(5) provide that each specimen be subdivided, secured, and

labeled in the presence of the tested individual and that a part

of the specimen be retained in a secure manner to prevent the

possibility of tampering, so that if the individual's

confirmation test results are positive the individual has an

opportunity to have the retained part tested by a 2d confirmation

test done independently at another certified laboratory if the

individual requests the 2d confirmation test not later than 3

days after being advised of the results of the first confirmation

test;

(6) ensure appropriate safeguards for testing to detect and

quantify alcohol in breath and body fluid samples, including

urine and blood, through the development of regulations that may

be necessary and in consultation with the Secretary of Health and

Human Services;

(7) provide for the confidentiality of test results and medical

information (except information about alcohol or a controlled

substance) of employees, except that this clause does not prevent

the use of test results for the orderly imposition of appropriate

sanctions under this chapter; and

(8) ensure that employees are selected for tests by

nondiscriminatory and impartial methods, so that no employee is

harassed by being treated differently from other employees in

similar circumstances.

-SOURCE-

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

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

45104 49 App.:1434(d). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

614(d); added Oct. 28, 1991,

Pub. L. 102-143, Sec. 3(a),

105 Stat. 955.

--------------------------------------------------------------------

In this section, the word "samples" is omitted as surplus.

In clause (2), before subclause (A), the word "subsequent" is

omitted as surplus.

In clause (3), the words "of any individual" are omitted as

surplus.

In clause (4), the words "by any individual" are omitted as

surplus.

In clause (5), the word "tested" is substituted for "assayed" for

consistency. The words "2d confirmation test" are substituted for

"independent test" for clarity and consistency.

In clause (6), the word "Secretary" is substituted for

"Department" for consistency in the revised title and with other

titles of the United States Code.

-End-

-CITE-

49 USC Sec. 45105 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 451 - ALCOHOL AND CONTROLLED SUBSTANCES TESTING

-HEAD-

Sec. 45105. Rehabilitation

-STATUTE-

(a) Program for Employees of Air Carriers and Foreign Air

Carriers. - The Administrator of the Federal Aviation

Administration shall prescribe regulations establishing

requirements for rehabilitation programs that at least provide for

the identification and opportunity for treatment of employees of

air carriers and foreign air carriers referred to in section

45102(a)(1) of this title who need assistance in resolving problems

with the use of alcohol or a controlled substance in violation of

law or a United States Government regulation. Each air carrier and

foreign air carrier is encouraged to make such a program available

to all its employees in addition to the employees referred to in

section 45102(a)(1). The Administrator shall decide on the

circumstances under which employees shall be required to

participate in a program. This subsection does not prevent an air

carrier or foreign air carrier from establishing a program under

this subsection in cooperation with another air carrier or foreign

air carrier.

(b) Program for Employees of the Federal Aviation Administration.

- The Administrator shall establish and maintain a rehabilitation

program that at least provides for the identification and

opportunity for treatment of employees of the Administration whose

duties include responsibility for safety-sensitive functions who

need assistance in resolving problems with the use of alcohol or a

controlled substance.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1223; Pub. L.

103-429, Sec. 6(58), Oct. 31, 1994, 108 Stat. 4385.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

45105(a) 49 App.:1434(c)(1). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

614(c); added Oct. 28, 1991,

Pub. L. 102-143, Sec. 3(a),

105 Stat. 954.

45105(b) 49 App.:1434(c)(2).

--------------------------------------------------------------------

In subsection (a), the words "of air carriers and foreign air

carriers" are added for clarity.

PUB. L. 103-429

This amends 49:45105(a) to correct an error in the codification

enacted by section 1 of the Act of July 5, 1994 (Public Law

103-272, 108 Stat. 1224).

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-429 substituted "section

45102(a)(1)" for "section 45102(a)(1)(A)" in second sentence.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-429 effective July 5, 1994, see section

9 of Pub. L. 103-429, set out as a note under section 321 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 45103 of this title.

-End-

-CITE-

49 USC Sec. 45106 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 451 - ALCOHOL AND CONTROLLED SUBSTANCES TESTING

-HEAD-

Sec. 45106. Relationship to other laws, regulations, standards, and

orders

-STATUTE-

(a) Effect on State and Local Government Laws, Regulations,

Standards, or Orders. - A State or local government may not

prescribe, issue, or continue in effect a law, regulation,

standard, or order that is inconsistent with regulations prescribed

under this chapter. However, a regulation prescribed under this

chapter does not preempt a State criminal law that imposes

sanctions for reckless conduct leading to loss of life, injury, or

damage to property.

(b) International Obligations and Foreign Laws. - (1) In

prescribing regulations under this chapter, the Administrator of

the Federal Aviation Administration -

(A) shall establish only requirements applicable to foreign air

carriers that are consistent with international obligations of

the United States; and

(B) shall consider applicable laws and regulations of foreign

countries.

(2) The Secretaries of State and Transportation jointly shall

request the governments of foreign countries that are members of

the International Civil Aviation Organization to strengthen and

enforce existing standards to prohibit crewmembers in international

civil aviation from using alcohol or a controlled substance in

violation of law or a United States Government regulation.

(c) Other Regulations Allowed. - This section does not prevent

the Administrator from continuing in effect, amending, or further

supplementing a regulation prescribed before October 28, 1991,

governing the use of alcohol or a controlled substance by airmen,

crewmembers, airport security screening employees, air carrier

employees responsible for safety-sensitive functions (as decided by

the Administrator), or employees of the Administration with

responsibility for safety-sensitive functions.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1224; Pub. L.

107-71, title I, Sec. 139(3), Nov. 19, 2001, 115 Stat. 640.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

45106(a) 49 App.:1434(e)(1). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

614(e); added Oct. 28, 1991,

Pub. L. 102-143, Sec. 3(a),

105 Stat. 956.

45106(b) 49 App.:1434(e)(3).

45106(c) 49 App.:1434(e)(2).

--------------------------------------------------------------------

In subsection (a), the word "prescribe" is substitued for "adopt"

for consistency in the revised title and with other titles of the

United States Code. The word "rule" is omitted as being synonymous

with "regulation". The word "ordinance" is omitted as being

included in "law" and "regulation". The words "actual" and "whether

the provisions apply specifically to employees of an air carrier or

foreign air carrier, or to the general public" are omitted as

surplus.

In subsection (c) the word "prevent" is substituted for "restrict

the discretion of" to eliminate unnecessary words.

AMENDMENTS

2001 - Subsec. (c). Pub. L. 107-71 substituted "screening

employees" for "screening contract employees".

-End-

-CITE-

49 USC Sec. 45107 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 451 - ALCOHOL AND CONTROLLED SUBSTANCES TESTING

-HEAD-

Sec. 45107. Transportation Security Administration

-STATUTE-

(a) Transfer of Functions Relating to Testing Programs With

Respect to Airport Security Screening Personnel. - The authority of

the Administrator of the Federal Aviation Administration under this

chapter with respect to programs relating to testing of airport

security screening personnel are transferred to the Under Secretary

of Transportation for Security. Notwithstanding section 45102(a),

the regulations prescribed under section 45102(a) shall require

testing of such personnel by their employers instead of by air

carriers and foreign air carriers.

(b) Applicability of Chapter With Respect to Employees of

Administration. - The provisions of this chapter that apply with

respect to employees of the Federal Aviation Administration whose

duties include responsibility for safety-sensitive functions shall

apply with respect to employees of the Transportation Security

Administration whose duties include responsibility for

security-sensitive functions. The Under Secretary of Transportation

for Security, the Transportation Security Administration, and

employees of the Transportation Security Administration whose

duties include responsibility for security-sensitive functions

shall be subject to and comply with such provisions in the same

manner and to the same extent as the Administrator of the Federal

Aviation Administration, the Federal Aviation Administration, and

employees of the Federal Aviation Administration whose duties

include responsibility for safety-sensitive functions,

respectively.

-SOURCE-

(Added Pub. L. 107-71, title I, Sec. 139(4), Nov. 19, 2001, 115

Stat. 640.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-End-