Page:United States Statutes at Large Volume 124.djvu/3400

 124 STAT. 3374 PUBLIC LAW 111–314—DEC. 18, 2010 § 31102. Drug and alcohol testing (a) DEFINITION OF CONTROLLED SUBSTANCE.—In this section, the term ‘‘controlled substance’’ means any substance under section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)) specified by the Administrator. (b) TESTING PROGRAM.— (1) EMPLOYEES OF ADMINISTRATION.—The Administrator shall establish a program applicable to employees of the Administra- tion whose duties include responsibility for safety-sensitive, security, or national security functions. Such program shall provide for preemployment, reasonable suspicion, random, and post-accident testing for use, in violation of applicable law or Federal regulation, of alcohol or a controlled substance. The Administrator may also prescribe regulations, as the Administrator considers appropriate in the interest of safety, security, and national security, for the conduct of periodic recur- ring testing of such employees for such use in violation of applicable law or Federal regulation. (2) EMPLOYEES OF CONTRACTORS.—The Administrator shall, in the interest of safety, security, and national security, pre- scribe regulations. Such regulations shall establish a program that requires Administration contractors to conduct preemploy- ment, reasonable suspicion, random, and post-accident testing of contractor employees responsible for safety-sensitive, secu- rity, or national security functions (as determined by the Administrator) for use, in violation of applicable law or Federal regulation, of alcohol or a controlled substance. The Adminis- trator may also prescribe regulations, as the Administrator considers appropriate in the interest of safety, security, and national security, for the conduct of periodic recurring testing of such employees for such use in violation of applicable law or Federal regulation. (3) SUSPENSION, DISQUALIFICATION, OR DISMISSAL.—In pre- scribing regulations under the programs required by this sub- section, the Administrator shall require, as the Administrator considers appropriate, the suspension, disqualification, or dis- missal 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. (c) PROHIBITION ON SERVICE.— (1) PROHIBITION UNLESS PROGRAM OF REHABILITATION COM- PLETED.—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 December 9, 1991, shall serve as an Administration employee with responsibility for safety-sensitive, security, or national security functions (as determined by the Administrator), or as an Administration contractor employee with such responsi- bility, unless such individual has completed a program of rehabilitation described in subsection (d). (2) UNCONDITIONAL PROHIBITION.—Any such individual deter- mined by the Administrator under this section to have used, in violation of applicable law or Federal regulation, alcohol or a controlled substance after December 9, 1991, shall not