APPENDIX B
101 STAT. 468
PUBLIC LAW 100-71–July 11, 1987
TITLE V
GENERAL PROVISIONS
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Drugs and drug abuse. Government
organization and
employees. 5 USC 7301 note. 3 CFR, 1986 Comp., p. 224.
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Sec. 501. No part of any appropriation contained
in this Act shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
Sec. 502. Except where specifically increased or decreased elsewhere in
this Act, the restrictions contained within appropriations, or provisions
affecting appropriations or other funds, available during fiscal year 1987,
limiting the amount which may be expended for personal services, or for
purposes involving personal services, or amounts which may be transferred
between appropriations or authorizations available for or involving such
services, are hereby increased to the extent necessary to meet increased pay
costs authorized by or pursuant to law.
Sec. 503. (a)(1) Except as provided in subsection (b) or (c), none
of the funds appropriated or made available by this Act, or any other Act, with
respect to any fiscal year, shall be available to administer or implement any
drug testing pursuant to Executive Order Numbered 12564 (dated September 15,
1986), or any subsequent order, unless and until--
(A) the Secretary of Health and Human Services certifies in writing to
the Committees on Appropriations of the House of Representatives and the
Senate, and other appropriate committees of the Congress, that–
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3 CFR, 1986 Comp., p.224.
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(i) each agency has developed a plan for achieving a
drug-free workplace in accordance with Executive Order Numbered 12564 and
applicable provisions of law (including applicable provisions of this section);
(ii) the Department of Health and Human Services, in addition to the
scientific and technical guidelines dated February 13, 1987, and any subsequent
amendments thereto, has, in accordance with paragraph (3), published mandatory
guidelines which–
(I) establish comprehensive standards for all aspects of laboratory drug
testing and laboratory procedures to be applied in carrying out Executive Order
Numbered 12564, including standards which require the use of the best available
technology for enduring the full reliability and accuracy of drug tests and
strict procedures governing the chain of custody of specimens collected for
drug testing;
(II) specify the drugs for which Federal employees may be tested;
and
(III) establish appropriate standards and procedures for periodic review
of laboratories and criteria for certification and revocation of certification
of laboratories to perform drug testing in carrying out Executive Order
Numbered 12564; and
(iii) all agency drug-testing programs and plans established pursuant to
Executive Order Numbered 12564 comply with applicable provisions of law,
including applicable provisions of the Rehabilitation Act of 1973 (29 U.S.C.
701 et seq.), title 5 of the United States Code, and the mandatory guidelines
under clause (ii);
(B) the Secretary of Health and Human Services has submitted to the
Congress, in writing, a detailed, agency-by-agency analysis relating to–
(i) the criteria and procedures to be applied in designating employees or
positions for drug testing, including the justification for such criteria and
procedures;
(ii) the position titles designated for random drug testing; and
(iii) the nature, frequency, and type of drug testing proposed to be
instituted; and
(C) the Director of the Office of Management and Budget has submitted in
writing to the Committees on Appropriations of the House of Representatives and
the Senate a detailed, agency-by-agency analysis (as of the time of
certification under subparagraph (A)) of the anticipated annual costs
associated with carrying out Executive Order Numbered 12564 and all other
requirements under this section during the 5-year period beginning on the date
of the enactment of this Act.
(2) Notwithstanding subsection (g), for purposes of this subsection, the
term "agency" means–
(A) the Executive Office of the President;
(B) an Executive department under section 101 of title 5, United States
Code;
(C) the Environmental Protection Agency;
(D) the General Services Administration;
(E) the National Aeronautics and Space Administration;
(F) the Office of Personnel Management;
(G) the Small Business Administration;
(H) the United States Information Agency; and
(I) the Veteran's Administration;
except that such term does not include the Department of Transportation or any
other entity (or component thereof) covered by subsection (b).
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(3) Notwithstanding any provision of chapter 5
of title 5, United States Code, the mandatory guidelines to be published
pursuant to subsection
(a)(l)(A)(ii) shall be published and made effective exclusively according to
the provisions of this paragraph. Notice of the mandatory guidelines proposed
by the Secretary of Health and Human Services shall be published in the Federal
Register, and interested persons shall be given not less than 60 days to submit
written comments on the proposed mandatory guidelines. Following review and
consideration of written comments, final mandatory guidelines shall be
published in the Federal Register and shall become effective upon publication.
(b)(1) Nothing in subsection (a) shall limit or otherwise affect the
availability of funds for drug testing by–
(A) the Department of Transportation;
(B) Department of Energy, for employees specifically involved in the
handling of nuclear weapons or nuclear materials;
(C) any agency with an agency-wide drug-testing program in existence as
of September 15.1986; or
(D) any component of an agency if such component had a drug-testing
program in existence as of September 15, 1986.
(2) The Departments of Transportation and Energy and any agency or
component thereof with a drug-testing program in existence as of September 15,
1986–
(A) shall be brought into full compliance with Executive Order Numbered
12564 no later than the end of the 6-month period beginning on the date of the
enactment of this Act; and
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Federal Register, publication.
5 USC 500 et seq.
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3 CFR, 1986 Comp., p. 224.
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(B) shall take such actions as may be necessary to
ensure that their respective drug-testing programs or plans are brought into
full compliance with the mandatory guidelines published under subsection
(a)(1)(A)(ii) no later than 90 days after such mandatory guidelines take
effect, except that any judicial challenge that affects such guidelines should
not affect drug-testing programs or plans subject to this paragraph.
(c) In the case of an agency (or component thereof) other than an agency
as defined by subsection (a)(2) or an agency (or component thereof) covered by
subsection (b), none of the funds appropriated or made available by this Act,
or any other Act, with respect to any fiscal year, shall be available to
administer or implement any drug testing pursuant to Executive Order Numbered
12564, or any subsequent order, unless and until–
(1) the Secretary of Health and Human Services provides written
certification with respect to that agency (or component) in accordance with
clauses (i) and (iii) of subsection (a)(1)(A);
(2) the Secretary of Health and Human Services has submitted a written,
detailed analysis with respect to that agency (or component) in accordance with
subsection (a)(1)(B); and
(3) the Director of the Office of Management and Budget has submitted a
written, detailed analysis with respect to that agency (or component) in
accordance with subsection (a)(1)(C).
(d) Any Federal employee who is the subject of a drug test under any
program or plan shall, upon written request, have access to–
(1) any records relating to such employee's drug test; and
(2) any records relating to the results of any relevant certification,
review, or revocation-of-certification proceedings, as referred to in
subsection (a)(1)(A)(ii)(III).
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Classified information.
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(e) The results of a drug test of a Federal employee
may not be disclosed without the prior written consent of such employee, unless
the disclosure would be–
(1) to the employee's medical review official (as defined in the
scientific and technical guidelines referred to in subsection (a)(l)(A)(ii));
(2) to the administrator of any Employee Assistance Program in which the
employee is receiving counseling or treatment or is otherwise participating;
(3) to any supervisory or management official within the employee's
agency having authority to take the adverse personnel action against such
employee; or
(4) pursuant to the order of a court of competent jurisdiction where
required by the United States Government to defend against any challenge
against any adverse personnel action.
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(f) Each agency covered by Executive Order Numbered
12564 shall submit to the Committees on Appropriations of the House of
Representatives and the Senate, and other appropriate committees of the
Congress, an annual report relating to drug-testing activities conducted by
such agency pursuant to such executive order. Each such annual report
shall be submitted at the time of the President's budget submission to the
Congress under section 1105(a) of title 31, United States Code.
(g) For purposes of this section, the terms "agency" and "Employee
Assistance Program" each has the meaning given such term under section 7(b) of
Executive Order Numbered 12564, as in effect on September 15, 1986.
Sec. 504. None of the funds appropriated by this Act may be obligated for
the centralization, consolidation, or redeployment of the Customs Service Air
Operations unless the Secretary of the Treasury submits a report to the
Committees on Appropriations which sets forth specific details for the use of
such funds thirty days in advance of such implementation.
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Reports.
3 CFR, 1986 Comp., p. 224.
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Sec. 505. None of the funds appropriated or made
available by this or any other Act or otherwise appropriated or made available
to the Secretary of Transportation or the Maritime Administrator for purposes
of administering the Merchant Marine Act, 1936, as amended (46 U.S.C. 1101 et
seq.), shall be used by the United States Department of Transportation or the
United States Maritime Administration to propose, promulgate, or implement any
rule or regulation, or, with regard to vessels which repaid subsidy pursuant to
the rule promulgated by the Secretary May 3, 1985 and vacated by Order of the
U.S. Court of Appeals for the D.C. Circuit January 16, 1987, conduct any
adjudicatory or other regulatory proceeding, execute or perform any contract,
or participate in any judicial action with respect to the repayment of
construction differential subsidy for the permanent release of vessels from the
restrictions in section 506 of the Merchant Marine Act, 1936, as amended:
Provided,
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Vessels.
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That such funds may be used to the extent such
expenditure relates to a rule which conforms to statutory standards hereafter
enacted by Congress.
Sec. 506. Notwithstanding any other provision of this Act, appropriations
made by the title I of this Act for the following account shall be as
follows:
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46 USC 1156.
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