---
kind: "section"
citation: "49 U.S.C. § 45105"
title: "49"
title_heading: "Transportation"
number: "45105"
heading: "Rehabilitation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/45105"
units:
  - "Subtitle VII — Aviation Programs"
  - "Part A — Air Commerce and Safety"
  - "Subpart iii — safety"
  - "Chapter 451 — Alcohol and Controlled Substances Testing"
---

# §45105. Rehabilitation

- (a) **Program for Employees of Air Carriers and Foreign Air Carriers.—** The Administrator of the Federal Aviation Administration shall prescribe regulations establishing requirements for rehabilitation programs that at least provide for the identification and opportunity for treatment of [employees](/usc/49/49103.md?p=2) of [air carriers](/usc/49/40102.md?p=a-2) and [foreign air carriers](/usc/49/40102.md?p=a-21) referred to in [section 45102(a)(1) of this title](/usc/49/45102.md?p=a-1) who need assistance in resolving problems with the use of alcohol or a controlled substance in violation of law or a [United States](/usc/49/40102.md?p=a-46) Government regulation. Each [air carrier](/usc/49/40102.md?p=a-2) and [foreign air carrier](/usc/49/40102.md?p=a-21) is encouraged to make such a program available to all its [employees](/usc/49/49103.md?p=2) in addition to the [employees](/usc/49/49103.md?p=2) referred to in [section 45102(a)(1)](/usc/49/45102.md?p=a-1). The Administrator shall decide on the circumstances under which [employees](/usc/49/49103.md?p=2) shall be required to participate in a program. This subsection does not prevent an [air carrier](/usc/49/40102.md?p=a-2) or [foreign air carrier](/usc/49/40102.md?p=a-21) from establishing a program under this subsection in cooperation with another [air carrier](/usc/49/40102.md?p=a-2) or [foreign air carrier](/usc/49/40102.md?p=a-21).
- (b) **Program for Employees of the Federal Aviation Administration.—** The Administrator shall establish and maintain a rehabilitation program that at least provides for the identification and opportunity for treatment of [employees](/usc/49/49103.md?p=2) of the Administration whose duties include responsibility for safety-sensitive functions who need assistance in resolving problems with the use of alcohol or a controlled substance.

## Source credit

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1223; Pub. L. 103–429, § 6(58), Oct. 31, 1994, 108 Stat. 4385.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Pub. L. 103–272 |  |  |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 45105(a) | 49 App.:1434(c)(1). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 614(c); added Oct. 28, 1991, Pub. L. 102–143, § 3(a), 105 Stat. 954. |
| 45105(b) | 49 App.:1434(c)(2). |  |

In subsection (a), the words “of air carriers and foreign air carriers” are added for clarity.

### Pub. L. 103–429

This amends 49:45105(a) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1224).

### Editorial Notes

### Amendments

1994—Subsec. (a). Pub. L. 103–429 substituted “section 45102(a)(1)” for “section 45102(a)(1)(A)” in second sentence.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1994 Amendment

Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

### Prioritizing and Supporting the Human Intervention Motivation Study (HIMS) Program and the Flight Attendant Drug and Alcohol Program (FADAP)

Pub. L. 115–254, div. B, title V, § 554(a), Oct. 5, 2018, 132 Stat. 3380, provided that: “The [Federal Aviation] Administration shall continue to prioritize and support the Human Intervention Motivation Study (HIMS) program for flight crewmembers and the Flight Attendant Drug and Alcohol Program (FADAP) for flight attendants.”

### Human Intervention Motivation Study

Pub. L. 112–95, title VIII, § 819, Feb. 14, 2012, 126 Stat. 127, provided that: “Not later than 180 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration shall develop a Human Intervention Motivation Study program for cabin crew members employed by commercial air carriers in the United States.”