10 U.S.C. § 978 — Drug and alcohol abuse and dependency:

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 which could constitute a threat to the ability of Federal civilian agencies to perform their functions and should be viewed in light of the need for effective performance of duty by each member of the armed forces. ‘‘(b) The purpose of this Act [enacting this section] is to promote the readiness of the armed forces to defend the United States.’’ § 977. Conversion of military medical and dental positions to civilian medical and dental posi- tions: limitation (a) PROCESS.—The Secretary of Defense, in col- laboration with the Secretaries of the military departments, shall establish a process to define the military medical and dental personnel re- quirements necessary to meet operational med- ical force readiness requirements. (b) REQUIREMENTS RELATING TO CONVERSION.— A military medical or dental position within the Department of Defense may be converted to a ci- vilian medical or dental position if the Sec- retary determines that the position is not nec- essary to meet operational medical force readi- ness requirements, as determined pursuant to subsection (a). (c) GRADE OR LEVEL CONVERTED.—In carrying out a conversion under subsection (b), the Sec- retary of Defense— (1) shall convert the applicable military po- sition to a civilian position with a level of compensation commensurate with the skills and experience necessary to carry out the du- ties of such civilian position; and (2) may not place any limitation on the grade or level to which the military position is so converted. (d) DEFINITIONS.—In this section: (1) The term ‘‘military medical or dental po- sition’’ means a position for the performance of health care functions within the armed forces held by a member of the armed forces. (2) The term ‘‘civilian medical or dental po- sition’’ means a position for the performance of health care functions within the Depart- ment of Defense held by an employee of the Department or of a contractor of the Depart- ment. (3) The term ‘‘conversion’’, with respect to a military medical or dental position, means a change of the position to a civilian medical or dental position, effective as of the date of the manning authorization document of the mili- tary department making the change (through a change in designation from military to civil- ian in the document, the elimination of the listing of the position as a military position in the document, or through any other means in- dicating the change in the document or other- wise). (Added Pub. L. 114–328, div. A, title VII, § 721(a)(1), Dec. 23, 2016, 130 Stat. 2227.) Editorial Notes PRIOR PROVISIONS A prior section 977, added Pub. L. 103–160, div. A, title III, § 351(a), Nov. 30, 1993, 107 Stat. 1626; amended Pub. L. 105–85, div. A, title X, § 1073(a)(16), Nov. 18, 1997, 111 Stat. 1901; Pub. L. 106–65, div. A, title X, § 1066(a)(6), Oct. 5, 1999, 113 Stat. 770, related to prohibition of as- signment of active duty members to operation of com- missary stores, prior to repeal by Pub. L. 108–375, div. A, title VI, § 651(e)(1), Oct. 28, 2004, 118 Stat. 1972. Another prior section 977, added Pub. L. 96–342, title X, § 1002(a), Sept. 8, 1980, 94 Stat. 1119; amended Pub. L. 97–22, § 11(a)(1), July 10, 1981, 95 Stat. 137, provided that no one who originally enlisted after Sept. 7, 1980, in a regular armed services component and failed to serve at least 24 months of such enlistment would be eligible for Federal benefits otherwise receivable because of ac- tive service under such enlistment, except that such ex- clusion was not applicable to one discharged under sec- tion 1173 of chapter 61 of this title or to one later proved to be suffering from a disability resulting from an injury or disease incurred during enlistment, prior to repeal by Pub. L. 97–306, title IV, § 408(c)(1), Oct. 14, 1982, 96 Stat. 1446. See section 5303A of Title 38, Vet- erans’ Benefits, and provisions set out as notes under that section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 114–328, div. A, title VII, § 721(a)(3), Dec. 23, 2016, 130 Stat. 2228, provided that: ‘‘The Secretary of Defense may not carry out section 977(b) of title 10, United States Code, as added by paragraph (1), until the date that is 180 days after the date on which the Sec- retary submits the report under subsection (b).’’ § 978. Drug and alcohol abuse and dependency: testing of new entrants (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 re- quired, before becoming a member of the armed forces, to— (A) undergo testing (by practicable, scientif- ically supported means) for drug and alcohol use; and Page 889 TITLE 10—ARMED FORCES § 978 (B) be evaluated for drug and alcohol de- pendency. (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 evalua- tion after the member’s initial entry on active duty. In any such case, the testing and evalua- tion 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 mid- shipman 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 pro- gram to undergo such testing and evaluation be- fore 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 appoint- ment 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 depend- ent on drugs or alcohol at the time of such en- listment or appointment shall be void. (3) A person who is denied entrance into the armed forces under paragraph (1), or whose en- listment or appointment is voided under para- graph (2), shall be referred to a civilian treat- ment facility. (4) The Secretary concerned may place on ex- cess 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 regula- tions prescribed by the Secretary of Defense in consultation with the Secretary of Homeland Security. Those regulations shall apply uni- formly throughout the armed forces. (e) In time of war, or time of emergency de- clared by Congress or the President, the Presi- dent may suspend the provisions of subsection (a). (Added Pub. L. 97–295, § 1(14)(A), Oct. 12, 1982, 96 Stat. 1289; amended Pub. L. 100–180, div. A, title V, § 513(a)(1), Dec. 4, 1987, 101 Stat. 1091; Pub. L. 100–456, div. A, title V, § 521(a)(1), Sept. 29, 1988, 102 Stat. 1972; Pub. L. 101–189, div. A, title V, § 513(a)–(c), Nov. 29, 1989, 103 Stat. 1440; Pub. L. 101–510, div. A, title XIV, § 1484(k)(4), Nov. 5, 1990, 104 Stat. 1719; Pub. L. 103–160, div. A, title V, § 572, Nov. 30, 1993, 107 Stat. 1673; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) HISTORICAL AND REVISION NOTES 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. The word ‘‘regulations’’ is added for consistency. The word ‘‘persons’’ is omitted as surplus. The word ‘‘per- son’’ is substituted for ‘‘individuals’’ for consistency. The text of subsection (b) is omitted as executed. Editorial Notes AMENDMENTS 2002—Subsec. (d). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. 1993—Subsec. (a)(3). Pub. L. 103–160 substituted ‘‘with- in 72 hours of such appointment’’ for ‘‘during the phys- ical examination given the applicant before such ap- pointment’’ and ‘‘before such an appointment is exe- cuted’’ for ‘‘during the precommissioning physical ex- amination given such person’’. 1990—Subsec. (c)(3). Pub. L. 101–510 struck out ‘‘a’’ be- fore ‘‘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 fol- lows: ‘‘Except as provided in paragraph (2), the Sec- retary 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 depend- ency.’’ 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 sub- sec. (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 appoint- ment of such person as an officer shall be terminated, unless that person consents to such testing and evalua- tion.’’ 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), redes- ignated par. (1) as (2) and substituted ‘‘subsection (a)(2)’’ for ‘‘subsection (a)(1)(B)’’. Former par. (2) redes- ignated (3). Subsec. (c)(3). Pub. L. 101–189, § 513(b)(2)(A), (D), redes- ignated 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 ‘‘para- graph (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 gen- erally. 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 re- quired 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. Page 890 TITLE 10—ARMED FORCES § 979 ‘‘(c) A person determined, as the result of testing con- ducted 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 Sec- retary of Defense in consultation with the Secretary of Transportation. Those regulations shall apply uni- formly 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 sub- section (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 imple- mented 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 regula- tions 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].’’ § 979. Prohibition on loan and grant assistance to persons convicted of certain crimes Funds appropriated to the Department of De- fense may not be used to provide a loan, a guar- antee of a loan, or a grant to any person who has been convicted by a court of general jurisdiction of any crime which involves the use of (or assist- ing others in the use of) force, trespass, or the seizure of property under the control of an insti- tution of higher education to prevent officials or students of the institution from engaging in their duties or pursuing their studies. (Added Pub. L. 98–525, title XIV, § 1401(c)(1), Oct. 19, 1984, 98 Stat. 2615.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in the following appropriation acts: Pub. L. 98–473, title I, § 101(h) [title VIII, § 8027], Oct. 12, 1984, 98 Stat. 1904, 1928. Pub. L. 98–212, title VII, § 732, Dec. 8, 1983, 97 Stat. 1444. Pub. L. 97–377, title I, § 101(c) [title VII, § 735], Dec. 21, 1982, 96 Stat. 1833, 1856. Pub. L. 97–114, title VII, § 736, Dec. 29, 1981, 95 Stat. 1585. Pub. L. 96–527, title VII, § 737, Dec. 15, 1980, 94 Stat. 3087. Pub. L. 96–154, title VII, § 739, Dec. 21, 1979, 93 Stat. 1159. Pub. L. 95–457, title VIII, § 839, Oct. 13, 1978, 92 Stat. 1250. Pub. L. 95–111, title VIII, § 838, Sept. 21, 1977, 91 Stat. 906. Pub. L. 94–419, title VII, § 737, Sept. 22, 1976, 90 Stat. 1297. Pub. L. 94–212, title VII, § 737, Feb. 9, 1976, 90 Stat. 175. Pub. L. 93–437, title VIII, § 838, Oct. 8, 1974, 88 Stat. 1231. Pub. L. 93–238, title VII, § 740, Jan. 2, 1974, 87 Stat. 1045. Pub. L. 92–570, title VII, § 740, Oct. 26, 1972, 86 Stat. 1203. Pub. L. 92–204, title VII, § 741, Dec. 18, 1971, 85 Stat. 734. Pub. L. 91–668, title VIII, § 841, Jan. 11, 1971, 84 Stat. 2037. Pub. L. 91–171, title VI, § 641, Dec. 29, 1969, 83 Stat. 486. Pub. L. 90–580, title V, § 540, Oct. 17, 1968, 82 Stat. 1136. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1985, see section 1404 of Pub. L. 98–525, set out as a note under section 520b of this title. § 980. Limitation on use of humans as experi- mental subjects (a) Funds appropriated to the Department of Defense may not be used for research involving a human being as an experimental subject un- less— (1) the informed consent of the subject is ob- tained in advance; or (2) in the case of research intended to be beneficial to the subject, the informed consent of the subject or a legal representative of the subject is obtained in advance. (b)(1) The Secretary of Defense may waive the prohibition in this section with respect to a spe- cific research project to advance the develop- ment of a medical product necessary to the armed forces if the research project may di- rectly benefit the subject and is carried out in accordance with all other applicable laws. (2) The Secretary may delegate the authority provided by paragraph (1) to the Under Sec- retary of Defense for Research and Engineering. (Added Pub. L. 98–525, title XIV, § 1401(c)(1), Oct. 19, 1984, 98 Stat. 2615; amended Pub. L. 107–107, div. A, title VII, § 733, Dec. 28, 2001, 115 Stat. 1170; Pub. L. 118–31, div. A, title II, § 212, Dec. 22, 2023, 137 Stat. 183.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in the following appropriation acts: Pub. L. 98–473, title I, § 101(h) [title VIII, § 8029], Oct. 12, 1984, 98 Stat. 1904, 1929.