10 U.S.C. § 978
An original appointment of any such person as an officer shall be terminated.
10 U.S.C. § 978
| HISTORICAL AND REVISION NOTE | ||
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 978 | 10:1071 (note). | Sept. 28, 1971, Pub. L. 92-129, §501(a)(2), (b), 85 Stat. 361. |
EDITORIAL NOTES
AMENDMENTS2002-Subsec. (d). Pub. L. 107-296 substituted "of Homeland Security" for "of Transportation". 1993-Subsec. (a)(3). Pub. L. 103-160 substituted "within 72 hours of such appointment" for "during the physical examination given the applicant before such appointment" and "before such an appointment is executed" for "during the precommissioning physical examination given such person".1990-Subsec. (c)(3). Pub. L. 101-510 struck out "a" before "whose enlistment". 1989-Subsec. (a)(1). Pub. L. 101-189, §513(a)(2), added par. (1) and struck out former par. (1) which read as follows: "Except as provided in paragraph (2), the Secretary concerned shall require each member of the armed forces under the Secretary's jurisdiction, within 72 hours after the member's initial entry on active duty after enlistment or appointment, to-"(A) undergo testing (by practicable, scientifically supported means) for drug and alcohol use; and"(B) be evaluated for drug and alcohol dependency."Subsec. (a)(2), (3). Pub. L. 101-189, §513(a), added par. (2) and redesignated former par. (2) as (3).Subsec. (b). Pub. L. 101-189, §513(b)(1), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "A person who refuses to consent to testing and evaluation required by subsection (a) may not be retained in the armed forces, and any original appointment of such person as an officer shall be terminated, unless that person consents to such testing and evaluation."Subsec. (c)(1). Pub. L. 101-189, §513(b)(2)(B), added par. (1). Former par. (1) redesignated (2).Subsec. (c)(2). Pub. L. 101-189, §513(b)(2)(A), (C), redesignated par. (1) as (2) and substituted "subsection (a)(2)" for "subsection (a)(1)(B)". Former par. (2) redesignated (3).Subsec. (c)(3). Pub. L. 101-189, §513(b)(2)(A), (D), redesignated par. (2) as (3), inserted "who is denied entrance into the armed forces under paragraph (1), or a" after "A person", and substituted "paragraph (2)," for "paragraph (1)".Subsec. (c)(4). Pub. L. 101-189, §513(c), added par. (4).1988-Pub. L. 100-456 substituted "Drug and alcohol abuse and dependency: testing of new entrants" for "Mandatory testing for drug, chemical, and alcohol abuse" in section catchline, and amended text generally. Prior to amendment, text read as follows:"(a) Before a person becomes a member of the armed forces, such person shall be required to undergo testing for drug, chemical, and alcohol use and dependency."(b) A person who refuses to consent to testing required by subsection (a) may not be accepted for an original enlistment in the armed forces or given an original appointment as an officer in the armed forces unless that person consents to such testing."(c) A person determined, as the result of testing conducted under subsection (a), to be dependent on drugs, chemicals, or alcohol shall be-"(1) denied entrance into the armed forces; and"(2) referred to a civilian treatment facility. "(d) The testing required by subsection (a) shall be carried out under regulations prescribed by the Secretary of Defense in consultation with the Secretary of Transportation. Those regulations shall apply uniformly throughout the armed forces."1987-Pub. L. 100-180 substituted "Mandatory testing for drug, chemical, and alcohol abuse" for "Denial of entrance into the armed forces of persons dependent on drugs or alcohol" in section catchline, and amended text generally, revising and restating as subsecs. (a) to (d) provisions formerly contained in subsecs. (a) and (b).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107-296, set out as a note under section 101 of this title.
EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101-189, div. A, title V, §513(d), Nov. 29, 1989, 103 Stat. 1441, provided that: "The amendments made by subsections (a) and (b) [amending this section] shall take effect as of October 1, 1989."
REGULATIONS; IMPLEMENTATION OF PROGRAM Pub. L. 100-456, div. A, title V, §521(b), (c), Sept. 29, 1988, 102 Stat. 1973, provided that:"(b) REGULATIONS.-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]."(c) EFFECTIVE DATE.-The testing and evaluation program prescribed by that section shall be implemented not later than October 1, 1989."
IMPLEMENTATION Pub. L. 100-180, div. A, title V, §513(b), Dec. 4, 1987, 101 Stat. 1091, as amended by Pub. L. 100-456, div. A, title V, §521(d), Sept. 29, 1988, 102 Stat. 1973, provided that:"(1) 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]. "(2) [Repealed. Pub. L. 100-456, div. A, title V, §521(d), Sept. 29, 1988, 102 Stat. 1973]."
- Secretary concerned
- The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
- active duty
- The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- officer
- The term "officer" means a commissioned or warrant officer.