PUBLIC LAW 100-71 July 11, 1987 

APPENDIX B

101 STAT. 468 

TITLE V 

GENERAL PROVISIONS 

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. 

(Drugs and drug abuse. Government organization and employees. 5 USC 7301 note. 3 

CFR, 1986 Camp., p. 224.) 

(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- 

 

 (i) (3 CFR, 1986 Comp., p. 224.) 

 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); 

 

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 (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 

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 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). 

(3) 

(Federal Register, publication. 5 USC 500 et seq.) 

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– 

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 (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) (3 CFR, 1986 Comp., p. 324.)

 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 

 

 (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). 

 

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(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). 

(e) (Classified information.)

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. 

(f) (Reports. 3 CFR, 1986 Comp., p. 224.) 

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. 

Sec. 505. (Vessels.)

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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, That such funds may be used to 

the extent such expenditure relates to a rule which conforms to statutory standards 

hereafter enacted by Congress. (46 USC 1156.) 

 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