# § 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—
**(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.
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**Source Credit**: (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.)
| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 45103(a) | 49 App.:1434(b)(1). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 614(b); added Oct. 28, 1991, Pub. L. 102–143, § 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.
## Editorial Notes
### Amendments
2001— substituted “screening employee” for “screening contract employee” wherever appearing.