(A) engaged in such use while on duty;
(B) prior to such use had undertaken or completed a rehabilitation program described in subsection (d);
(C) following such determination refuses to undertake such a rehabilitation program; or
(D) following such determination fails to complete such a rehabilitation program.
(1) promote, to the maximum extent practicable, individual privacy in the collection of specimen samples;
(2) with respect to laboratories and testing procedures for controlled substances, incorporate the Department of Health and Human Services scientific and technical guidelines dated April 11, 1988, and any subsequent amendments thereto, including mandatory guidelines which—
(A) establish comprehensive standards for all aspects of laboratory controlled substances testing and laboratory procedures to be applied in carrying out this section, including standards which require the use of the best available technology for ensuring the full reliability and accuracy of controlled substances tests and strict procedures governing the chain of custody of specimen samples collected for controlled substances testing;
(B) establish the minimum list of controlled substances for which individuals may be tested; and
(C) establish appropriate standards and procedures for periodic review of laboratories and criteria for certification and revocation of certification of laboratories to perform controlled substances testing in carrying out this section;
(3) require that all laboratories involved in the controlled substances testing of any individual under this section shall have the capability and facility, at such laboratory, of performing screening and confirmation tests;
(4) provide that all tests which indicate the use, in violation of applicable law or Federal regulation, of alcohol or a controlled substance by any individual shall be confirmed by a scientifically recognized method of testing capable of providing quantitative data regarding alcohol or a controlled substance;
(5) provide that each specimen sample be subdivided, secured, and labelled in the presence of the tested individual and that a portion thereof be retained in a secure manner to prevent the possibility of tampering, so that in the event the individual's confirmation test results are positive the individual has an opportunity to have the retained portion assayed by a confirmation test done independently at a second certified laboratory if the individual requests the independent test within 3 days after being advised of the results of the initial confirmation test;
(6) ensure appropriate safeguards for testing to detect and quantify alcohol in breath and body fluid samples, including urine and blood, through the development of regulations as may be necessary and in consultation with the Department of Health and Human Services;
(7) provide for the confidentiality of test results and medical information of employees; and
(8) ensure that employees are selected for tests by nondiscriminatory and impartial methods, so that no employee is harassed by being treated differently from other employees in similar circumstances.
|Source (U.S. Code)||Source (Statutes at Large)|
|31102(a)||42 U.S.C. 2473c(h).||Pub. L. 102–195, §21(c)–(h), Dec. 9, 1991, 105 Stat. 1616.|
|31102(b)||42 U.S.C. 2473c(c).|
|31102(c)||42 U.S.C. 2473c(d).|
|31102(d)||42 U.S.C. 2473c(e).|
|31102(e)||42 U.S.C. 2473c(f).|
|31102(f)||42 U.S.C. 2473c(g).|
In subsection (b)(2), the words "within 18 months after the date of enactment of this Act" are omitted as obsolete.
In paragraphs (1) and (2) of subsection (c), and in subsection (f)(2), the date "December 9, 1991" is substituted for "the date of enactment of this Act" to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1992 (Public Law 102–195, 105 Stat. 1605).Findings
Pub. L. 102–195, §21(b), Dec. 9, 1991, 105 Stat. 1616, provided that: "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 differently 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."
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