105 STAT. 1616 PUBLIC LAW 102-195—DEC. 9, 1991 Civil Space Emfdoyee Tesung Act of 1991. 42 USC 2473c. Regulations. SEC. 21. DRUG AND ALCOHOL TESTING. (a) SHORT TITLE.— Th is section may be cited as the "Civil Space Employee Testing Act of 1991". (b) FINDINGS. —The Congress finds that— (1) alcohol abuse and illegal drug use pose significant dangers to the safety and welfare of the Nation; (2) the success of the United States civil space program is contingent upon the safe and successful development and deployment of the many varied components of that program; (3) the greatest efforts must be expended to eliminate the abuse of alcohol and use of illegal drugs, whether on duty or off duty, by those individuals who are involved in the positions affecting safety, security, and national security; (4) the use of alcohol and illegal drugs has been demonstrated to adversely affect the performance of individuals, and has been proven to have been a critical factor in accidents in the workplace; (5) the testing of uniformed personnel of the Armed Forces has shown that the most effective deterrent to abuse of alcohol and use of illegal drugs is increased testing, including random testing; (6) adequate safeguards can be implemented to ensure that testing for abuse of alcohol or use of illegal drugs is performed in a manner which protects an individual's right of privacy, ensures that no individual is harassed by being treated dif- ferently from other individuals, and ensures that no individual's reputation or career development is unduly threatened or harmed; and (7) rehabilitation is a critical component of any testing program for abuse of alcohol or use of illegal drugs, and should be made available to individuals, as appropriate. (c) TESTING PROGRAM. —(1) The Administrator shall establish a program applicable to employees of the National Aeronautics and Space Administration whose duties include responsibility for safety- sensitive, security, or national security functions. Such program shall provide for premployment, reasonable suspicion, random, and post-accident testing for use, in violation of applicable law or Federal regulation, of alcohol or a controlled substance. The Administrator may also prescribe regulations, as the Administrator considers appropriate in the interest of safety, security, and national security, for the conduct of periodic recurring testing of such employees for such use in violation of applicable law or Federal regulation. (2) The Administrator shall, in the interest of safety, security, and national security, prescribe regulations within 18 months after the date of enactment of this Act. Such regulations shall establish a program which requires National Aeronautics and Space Administration contractors to conduct premployment, reasonable suspicion, random, and post-accident testing of contractor employees responsible for safety-sensitive, security, or national security functions (as determined by the Administrator) for use, in violation of applicable law or Federal regulation, of alcohol or a controlled substance. The Administrator may also prescribe regulations, as the Administrator considers appropriate in the interest of safety, security, and national security, for the conduct of periodic recurring testing of such
�
