Page:United States Statutes at Large Volume 108 Part 2.djvu/506

 108 STAT. 1222 PUBLIC LAW 103-272—JULY 5, 1994 (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. § 45103. Prohibited service (a) USE OF ALCOHOL OR A CONTROLLED SUBSTANCE.^AH 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. § 45104. Testing and laboratory requirements 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—

�