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

undergo testing (by practicable, scientifically supported means) for drug and alcohol use; and be evaluated for drug and alcohol dependency. 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. 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. be accepted for an original enlistment in the armed forces or given an original appointment as an officer in the armed forces; or if such person is already a member of the armed forces, be retained in the armed forces. 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. 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. 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. 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. 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. In time of war, or time of emergency declared by Congress or the President, the President may suspend the provisions of subsection (a). The Secretary of Defense shall prescribe regulations for the implementation of section 978 of title 10 , United States Code, as amended by subsection (a), not later than 60 days after the date of the enactment of this Act [ Sept. 29, 1988 ]. The testing and evaluation program prescribed by that section shall be implemented not later than October 1, 1989 .” The Secretary of Defense shall prescribe regulations for the implementation of section 978 of title 10 , United States Code, as amended by subsection (a), not later than 45 days after the date of the enactment of this Act [ Dec. 4, 1987 ]. [Repealed. Pub. L. 100–456, div. A, title V, § 521(d) , Sept. 29, 1988 , 102 Stat. 1973 ].”