10 U.S.C. § 978 : US Code - Section 978: Drug and alcohol abuse and dependency: testing of new entrants

Search 10 U.S.C. § 978 : US Code - Section 978: Drug and alcohol abuse and dependency: testing of new entrants

(a)(1) The Secretary concerned shall require that, except as
provided under paragraph (2), each person applying for an original
enlistment or appointment in the armed forces shall be required,
before becoming a member of the armed forces, to -
(A) undergo testing (by practicable, scientifically supported
means) for drug and alcohol use; and
(B) be evaluated for drug and alcohol dependency.
(2) The Secretary concerned may provide that, in lieu of
undergoing the testing and evaluation described in paragraph (1)
before becoming a member of the armed forces, a member of the armed
forces under the Secretary's jurisdiction may be administered that
testing and evaluation after the member's initial entry on active
duty. In any such case, the testing and evaluation shall be carried
out within 72 hours of the member's initial entry on active duty.
(3) The Secretary concerned shall require an applicant for
appointment as a cadet or midshipman to undergo the testing and
evaluation described in paragraph (1) within 72 hours of such
appointment. The Secretary concerned shall require a person to whom
a commission is offered under section 2106 of this title following
completion of the program of advanced training under the Reserve
Officers' Training Corps program to undergo such testing and
evaluation before such an appointment is executed.
(b) A person who refuses to consent to testing and evaluation
required by subsection (a) may not (unless that person subsequently
consents to such testing and evaluation) -
(1) be accepted for an original enlistment in the armed forces
or given an original appointment as an officer in the armed
forces; or
(2) if such person is already a member of the armed forces, be
retained in the armed forces.
An original appointment of any such person as an officer shall be
terminated.
(c)(1) A person determined, as the result of testing conducted
under subsection (a)(1), to be dependent on drugs or alcohol shall
be denied entrance into the armed forces.
(2) The enlistment or appointment of a person who is determined,
as a result of an evaluation conducted under subsection (a)(2), to
be dependent on drugs or alcohol at the time of such enlistment or
appointment shall be void.
(3) A person who is denied entrance into the armed forces under
paragraph (1), or whose enlistment or appointment is voided under
paragraph (2), shall be referred to a civilian treatment facility.
(4) The Secretary concerned may place on excess leave any member
of the armed forces whose test results under subsection (a)(2) are
positive for drug or alcohol use. The Secretary may continue such
member's status on excess leave pending disposition of the member's
case and processing for administrative separation.
(d) The testing and evaluation required by subsection (a) shall
be carried out under regulations prescribed by the Secretary of
Defense in consultation with the Secretary of Homeland Security.
Those regulations shall apply uniformly throughout the armed
forces.
(e) In time of war, or time of emergency declared by Congress or
the President, the President may suspend the provisions of
subsection (a).