Browse Arkansas Code titles and sections
10 U.S.C. § 978 — Drug and alcohol abuse and dependency: testing of new entrants
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The Secretary concerned shall require that, except as provided under paragraph (2), each person applying for an original enlistment or appointment in the armed forces shall be required, before becoming a member of the armed forces, 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 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.
(3) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2106&num=0&edition=prelim) 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.
**(b)** A person who refuses to consent to testing and evaluation required by subsection (a) may not (unless that person subsequently consents to such testing and evaluation)—
(1) be accepted for an original enlistment in the armed forces or given an original appointment as an officer in the armed forces; or
(2) if such person is
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 978
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 9c62e3379a080eecccc920dda69b6a36712c7febca6c5faf37fcb838f63d8715. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_3b85e057b7bf5a3e3b9855f6
Source file: Laws/federal/codes/united-states-code/title-10/section-978-drug-and-alcohol-abuse-and-dependency-testing-of-new-entrants--69238c7e71.md
Pages: Not recorded – Not recorded
Passage SHA-256: 548921eb2c5fbe0955bff9b774f59afa9298321bb3ca5e486afe7e47539fb23b
Source location: Title 10, Chapter 49, § 978; chapter-049-miscellaneous-prohibitions-and-penalties.md
Stored source content
**(a)**
(1) The Secretary concerned shall require that, except as provided under paragraph (2), each person applying for an original enlistment or appointment in the armed forces shall be required, before becoming a member of the armed forces, 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 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.
(3) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2106&num=0&edition=prelim) 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.
**(b)** A person who refuses to consent to testing and evaluation required by subsection (a) may not (unless that person subsequently consents to such testing and evaluation)—
(1) be accepted for an original enlistment in the armed forces or given an original appointment as an officer in the armed forces; or
(2) if such person is already a member of the armed forces, be retained in the armed forces.
An original appointment of any such person as an officer shall be terminated.
**(c)**
(1) 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.
(2) 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.
(3) 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.
(4) 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.
**(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 Homeland Security. 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).
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Upon satisfactorily completing the academic and military requirements of the program of advanced training, a member of the program who was selected for advanced training under [section 2104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2104&num=0&edition=prelim) may be appointed as a regular or reserve officer in the appropriate armed force in the grade of second lieutenant or ensign, even though he is under 21 years of age.
**(b)** The date of rank of officers appointed under this section in May or June of any year is the date of graduation of cadets or midshipmen from the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy, as the case may be, in that year. The Secretary of the military department concerned shall establish the date of rank of all other officers appointed under this section.
**(c)** In computing length of service for any purpose, an officer appointed under this section may not be credited with enlisted service for the period covered by his advanced training, other than any period of enlisted service performed on or after August 1, 1979, as a member of the Selected Reserve.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2106
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 888
TITLE 10—ARMED FORCES
§ 977
case letter of first word after first quotation marks in
each paragraph and substituted lowercase letter.
1986—Subsec. (a)(1). Pub. L. 99–661 struck out the sec-
ond of two commas before ‘‘(B)’’.
1984—Subsec. (a)(1). Pub. L. 98–525 added cl. (B) and
redesignated existing cl. (B) as (C).
Statutory Notes and Related Subsidiaries
FINDINGS; PURPOSE
Pub. L. 95–610, § 1, Nov. 8, 1978, 92 Stat. 3085, provided
that:
‘‘(a) The Congress makes the following findings:
‘‘(1) Members of the armed forces of the United
States must be prepared to fight and, if necessary, to
die to protect the welfare, security, and liberty of the
United States and of their fellow citizens.
‘‘(2) Discipline and prompt obedience to lawful or-
ders of superior officers are essential and time-hon-
ored elements of the American military tradition and
have been reinforced from the earliest articles of war
by laws and regulations prohibiting conduct detri-
mental to the military chain of command and lawful
military authority.
‘‘(3) The processes of conventional collective bar-
gaining and labor-management negotiation cannot
and should not be applied to the relationships be-
tween members of the armed forces and their mili-
tary and civilian superiors.
‘‘(4) Strikes, slowdowns, picketing, and other tradi-
tional forms of job action have no place in the armed
forces.
‘‘(5) Unionization of the armed forces would be in-
compatible with the military chain of command,
would undermine the role, authority, and position of
the commander, and would impair the morale and
readiness of the armed forces.
‘‘(6) The circumstances which could constitute a
threat to the ability of the armed forces to perform
their mission are not comparable to the cir-
cumstances w
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 978
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.