Page:United States Statutes at Large Volume 105 Part 2.djvu/665

 PUBLIC LAW 102-195—DEC. 9, 1991 105 STAT. 1617 employees for such use in violation of applicable law or Federal regulation. (3) In prescribing regulations under the programs required by this subsection, the Administrator shall require, as the Administrator considers appropriate, the suspension, disqualification, or dismissal of any employee to which paragraph (1) or (2) applies, in accordance with the provisions of this section, in any instance where a test conducted and confirmed under this section indicates that such employee has used, in violation of applicable law or Federal regulation, alcohol or a controlled substance. (d) PROHIBITION ON SERVICE. — (1) No individual who is determined by the Administrator under this section to have used, in violation of applicable law or Federal regulation, alcohol or a controlled substance after the date of enactment of this Act shall serve as a National Aeronautics and Space Administration employee with responsibility for safety-sensitive, security, or national security functions (as determined by the Administrator), or as a National Aeronautics and Space Administration contractor employee with such responsibility, unless such individual has completed a program of rehabilitation described in subsection (e). (2) Any such individual determined by the Administrator under this section to have used, in violation of applicable law or Federal regulation, alcohol or a controlled substance after the date of enactment of this Act who— (A) engaged in such use while on duty; (B) prior to such use had undertaken or completed a rehabilitation program described in subsection (e); (C) following such determination refuses to undertake such a rehabilitation program; or (D) following such determination fails to complete such a rehabilitation program, shall not be permitted to perform the duties which such individual performed prior to the date of such determination. (e) PROGRAM FOR REHABIUTATION.— (1) The Administrator shall Regulations, prescribe regulations setting forth requirements for rehabilitation programs which at a minimum provide for the identification and opportunity for treatment of employees referred to in subsection (c) in need of assistance in resolving problems with the use, in violation of applicable law or Federal regulation, of alcohol or a controlled substance. Each contractor is encouraged to make such a program available to all of its employees in addition to those employees referred to in subsection (c)(2). The Administrator shall determine the circumstances under which such employees shall be required to participate in such a program. Nothing in this subsection shall preclude any National Aeronautics and Space Administration contractor from establishing a program under this subsection in cooperation with any other such contractor. (2) The Administrator shall establish and maintain a rehabilitation program which at a minimum provides for the identification and opportunity for treatment of those employees of the National Aeronautics and Space Administration whose duties include responsibility for safety-sensitive, security, or national security functions who are in need of assistance in resolving problems with the use of alcohol or controlled substances. (f) PROCEDURES FOR TESTING.— In establishing the programs required under subsection (c), the Administrator shall develop requirements which shall—

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