---
kind: "section"
citation: "49 U.S.C. § 45103"
title: "49"
title_heading: "Transportation"
number: "45103"
heading: "Prohibited service"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/45103"
units:
  - "Subtitle VII — Aviation Programs"
  - "Part A — Air Commerce and Safety"
  - "Subpart iii — safety"
  - "Chapter 451 — Alcohol and Controlled Substances Testing"
---

# §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](/usc/49/40102.md?p=a-46) Government regulation and serve as an [airman](/usc/49/40102.md?p=a-8), crewmember, [airport](/usc/49/40102.md?p=a-9) security screening [employee](/usc/49/49103.md?p=2), [air carrier](/usc/49/40102.md?p=a-2) [employee](/usc/49/49103.md?p=2) responsible for safety-sensitive functions (as decided by the Administrator of the Federal Aviation Administration), or [employee](/usc/49/49103.md?p=2) of the Administration with responsibility for safety-sensitive functions.
- (b) **Rehabilitation Required To Resume Service.—** Notwithstanding [subsection (a)](#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](/usc/49/40102.md?p=a-8), crewmember, [airport](/usc/49/40102.md?p=a-9) security screening [employee](/usc/49/49103.md?p=2), [air carrier](/usc/49/40102.md?p=a-2) [employee](/usc/49/49103.md?p=2) responsible for safety-sensitive functions (as decided by the Administrator), or [employee](/usc/49/49103.md?p=2) of the Administration with responsibility for safety-sensitive functions only if the individual completes a rehabilitation program described in [section 45105 of this title](/usc/49/45105.md).
- (c) **Performance of Prior Duties Prohibited.—** An individual who served as an [airman](/usc/49/40102.md?p=a-8), crewmember, [airport](/usc/49/40102.md?p=a-9) security screening [employee](/usc/49/49103.md?p=2), [air carrier](/usc/49/40102.md?p=a-2) [employee](/usc/49/49103.md?p=2) responsible for safety-sensitive functions (as decided by the Administrator), or [employee](/usc/49/49103.md?p=2) 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](/usc/49/40102.md?p=a-5) 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](/usc/49/45105.md) before using the alcohol or controlled substance; or
  - (3) refuses to begin or complete a rehabilitation program described in [section 45105 of this title](/usc/49/45105.md) after a finding by the Administrator under this section.

## 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.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | 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—Pub. L. 107–71 substituted “screening employee” for “screening contract employee” wherever appearing.