TESTING OF NEW ENTRANTS FOR DRUG AND ALCOHOL ABUSE

SEC. 521. TESTING OF NEW ENTRANTS FOR DRUG AND ALCOHOL ABUSE (a) Revision of Mandatory Testing Program.—(1) Section 978 of title 10, United States Code, is amended to read as follows: “§ 978. Drug and alcohol abuse and dependency: testing of new entrants “(a)(1) 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. “(2) The Secretary concerned shall require an applicant for appointment as a cadet or midshipman to undergo the testing and evaluation described in paragraph (1) during the physical examination given the applicant before 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 during the precommissioning physical examination given such person. “(b) 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. 102 STAT. 1973 “(c)(1) The enlistment or appointment of a person who is determined, as a result of an evaluation conducted under subsection (a)(1)(B), to be dependent on drugs or alcohol at the time of such enlistment or appointment shall be void. “(2) A person whose enlistment or appointment is voided under paragraph (1) shall be referred to a civilian treatment facility. “(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 Transportation. 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).”. (2) The item relating to that section in the table of sections at the beginning of chapter 49 of such title is amended to read as follows: “978. Drug and alcohol abuse and dependency: testing of new entrants.”. (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. (c) Effective Date.—The testing and evaluation program prescribed by that section shall be implemented not later than October 1, 1989. (d) Conforming Amendment.—Section 513(b)(2) of the National Defense Authorization Act for Fiscal Years 1988 and 1989 (Public Law 100–180; 101 Stat. 1091) is repealed.