II

103D CONGRESS

1ST SESSION S. 1303

To amend the Public Health Service Act to establish Federal standards

to ensure quality assurance in private sector drug testing programs,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 28 (legislative day, JUNE 30), 1993

Mr. HATCH (for himself and Mr. BOREN) introduced the following bill; which

was read twice and referred to the Committee on Labor and Human

Resources

A BILL

To amend the Public Health Service Act to establish Federal

standards to ensure quality assurance in private sector

drug testing programs, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Quality Assurance in

5 the Private Sector Drug Testing Act of 1993’’.

6 SEC. 2. FINDINGS AND PURPOSE.

7 (a) FINDINGS.—Congress finds that—

8 (1) drug abuse imposes an enormous toll upon

9 society in terms of broken families and individuals
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1 suffering, infants born with disabilities from their

2 mother’s drug abuse, lost productivity, increased

3 treatment and health care costs, and the generation

4 of criminal conduct which threatens the very social

5 fabric of many communities;

6 (2) drug testing can be an effective deterrent to

7 drug abuse when administered in a manner that pro8 vides for quality assurance;

9 (3) drug abuse in the workplace is a serious na10 tional drug problem;

11 (4) the private sector workplace is an appro12 priate arena in which to fight the war on drugs

13 through the establishment of drug-free workplace

14 programs that include drug testing;

15 (5) there are currently many good quality pri16 vate sector drug testing programs, in which testing

17 is performed in a variety of settings, such as: in

18 testing facilities at the employment site, in clinics,

19 hospitals and small independent testing laboratories,

20 and in large, high-volume specialized testing labora21 tories. Under appropriately designed standards and

22 procedures taking into account the experience of

23 these programs, each of these options will have a

24 place in a well-designed regulatory system; and
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1 (6) the ‘‘Mandatory Guidelines for Federal

2 Workplace Drug Testing Programs’’ issued by the

3 Department of Health and Human Services on April

4 11, 1988 are generally responsive to Congressional

5 concerns for quality testing in Federal Workplace

6 drug testing programs, and on a solid footing. These

7 Guidelines do not embody the only proper approach

8 to the challenge of providing test quality or employee

9 protection in the Federal workplace, and key fea10 tures of the Guidelines must undergo continuing

11 scrutiny and rethinking. While a number of the cur12 rent Guidelines’ provisions are not suitable for incor13 poration into a drug testing regulatory system for

14 the private sector workplace, many of the Guidelines’

15 principles and standards are appropriate for that

16 purpose.

17 (b) PURPOSE.—It is the purpose of this Act—

18 (1) to establish Federal standards applicable to

19 private sector workplace drug testing programs that

20 will assure the quality of such programs; and

21 (2) to ensure uniformity and consistency in the

22 application of such federal standards to preempt

23 State and local laws and such other requirements

24 that regulate private sector workplace drug testing

25 programs.
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1 SEC. 3. PUBLIC HEALTH SERVICE ACT.

2 (a) DRUG TESTING.—The Public Health Service Act

3 is amended—

4 (1) by redesignating title XXVI (42 U.S.C.

5 300cc et seq.) as title XXVII; and

6 (2) by inserting after title XXV (42 U.S.C.

7 300bb–1 et seq.) the following new title:

8 ‘‘TITLE XXVI—QUALITY ASSUR9 ANCE IN PRIVATE SECTOR

10 DRUG TESTING

11 ‘‘SEC. 2601. LABORATORY CERTIFICATION STANDARDS.

12 ‘‘(a) PROHIBITION.—No person may perform a drug

13 test in connection with any drug testing program that is

14 subject to the provisions of this title unless such person

15 is a laboratory certified pursuant to subsection (b).

16 ‘‘(b) CERTIFICATION.—Not later than 1 year after

17 the date of enactment of this title, the Secretary of Health

18 & Human Services shall establish a program for certifying

19 laboratories that meet standards for performing—

20 ‘‘(1) drug screening tests;

21 ‘‘(2) drug confirmatory tests; and

22 ‘‘(3) both drug screening and confirmatory

23 tests.

24 ‘‘(c) SCIENTIFIC AND TECHNICAL CRITERIA.—
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1 ‘‘(1) In establishing standards for certification

2 under subsection (b), the Secretary shall use sci3 entific and technical standards that:

4 ‘‘(A) maximize the sensitivity and specific5 ity of the testing scheme;

6 ‘‘(B) give due regard to the experience and

7 practices of drug testing in the private sector

8 workplace; and

9 ‘‘(C) take into consideration the practices,

10 procedures, and experience of forensic toxi11 cology laboratory certification programs con12 ducted by private, non-profit accrediting enti13 ties. The Secretary is authorized to designate

14 such entities or appropriate State agencies to

15 administer the certification program established

16 under this section. The Secretary shall oversee

17 and review the performance of any such entity

18 or State agency so designated to ensure its

19 compliance with the certification program es20 tablished under this section.

21 ‘‘(2) In establishing the certification program

22 required under subsection (b), the Secretary shall

23 appoint and consult with an expert advisory panel

24 not to exceed 15 members comprised equally of rep25 resentatives of private sector employers and employ-
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1 ees with experience in workplace drug testing, lab2 oratories which conduct drug testing, and recognized

3 scientific and professional disciplines within the drug

4 testing community.

5 ‘‘(3) The certification standards required under

6 this section shall include:

7 ‘‘(A) reasonable requirements for chain of

8 custody procedures, for laboratory staff training

9 and skills, for ensuring the identity and integ10 rity of specimens, and for confidentiality of test

11 results;

12 ‘‘(B) laboratory quality assurance require13 ments, to include where appropriate minimum

14 proficiency sampling, in order to assure the

15 competence of the laboratory to conduct drug

16 testing under this title. Responsibility for lab17 oratory quality assurance, including where ap18 propriate the provision of blind samples, shall

19 rest on the Secretary or his designee;

20 ‘‘(C) a requirement that any sample which

21 tests positive on an initial screen test be sub22 mitted for a confirmatory test to a laboratory

23 certified for performing such a test under this

24 title;
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1 ‘‘(D) a requirement that all negative test

2 results by initial screen be reported to the em3 ployer promptly by direct means;

4 ‘‘(E) a requirement that no positive drug

5 test result be reported to the employer before a

6 confirmatory test has been conducted, except in

7 the case of employees in sensitive positions pur8 suant to Sec. 2605(c) of this title,

9 ‘‘(F) prompt adoption of testing protocols

10 for any drug for which reliable testing methods

11 are available and for other drugs as such meth12 ods become available;

13 ‘‘(G) initial screen cutoff levels to reflect

14 current testing technology;

15 ‘‘(H) no bar to certification of a laboratory

16 based on its physical setup or location, and no

17 bar to certification of a laboratory which is part

18 of a hospital or medical clinic on the grounds

19 that the laboratory’s drug testing facility is not

20 separate from a secure laboratory facility which

21 performs diagnostic or therapeutic tests, nor on

22 the grounds that staff medical personnel are al23 lowed access to the testing facility, so long as

24 the laboratory meets the requirements of this

25 title; and
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1 ‘‘(I) a requirement that, after the effective

2 date of regulations implementing section 353 of

3 the Public Health Service Act, 42 U.S.C. 263a,

4 a laboratory may not be certified under the pro5 gram established by this section unless the lab6 oratory is certified under section 353, except

7 that a laboratory which performs only drug

8 tests is not required to be certified under sec9 tion 353 to be certified under this certification

10 program, nor is it required to be certified under

11 section 353 for the purposes of that section.

12 ‘‘(4) A laboratory which performs drug tests

13 only on samples of arrestees, detainees, probationers,

14 incarcerated persons, or parolees in the criminal jus15 tice system is not required to be certified under this

16 section nor under section 353.

17 ‘‘(d) PERIODIC REVIEW.—At least once each year,

18 the Secretary shall review, and where appropriate revise,

19 the certification criteria established under subsection (b),

20 taking into consideration the relevant scientific technical

21 advances in the area of drug testing and revisions needed

22 to reflect employer zero-drug tolerance practices.

23 ‘‘SEC. 2602. ANTI-DRUG ABUSE POLICY.

24 ‘‘(a) WRITTEN POLICY.—As a condition of imple25 menting or maintaining a drug testing program, an em-
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1 ployer shall establish a written anti-drug abuse policy that

2 shall contain, at a minimum, an explanation concerning

3 the—

4 ‘‘(1) circumstances under which a drug test will

5 be administered, the procedures for notifying an em6 ployee of a sample which tests positive in a confirm7 atory test, and a statement the policy will be admin8 istered in a consistent and nondiscriminatory man9 ner without regard to the position the employee

10 holds;

11 ‘‘(2) safeguards established for protecting the

12 privacy of individuals who are subject to testing, in13 cluding chain of custody procedures and the limita14 tions on disclosure of the results of drug tests;

15 ‘‘(3) availability of drug abuse treatment pro16 grams;

17 ‘‘(4) penalties that may be imposed by the em18 ployer for a violation of the anti-drug abuse policy

19 of the employer;

20 ‘‘(5) procedures for review by a medical officer

21 in the case of a sample which tests positive in a con22 firmatory test; and

23 ‘‘(6) procedures under which an applicant or

24 employee shall be given a reasonable opportunity to
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1 explain a sample which tests positive in a confirm2 atory test.

3 ‘‘(b) NOTICE.—An employer shall make a reasonable

4 effort to provide notice of the written anti-drug abuse pol5 icy to applicants and employees subject to testing using

6 whatever methods the employer determines to be appro7 priate.

8 ‘‘SEC. 2603. DRUG-FREE AWARENESS PROGRAM.

9 ‘‘In order for an employer to be permitted to imple10 ment or maintain a drug testing program, such employer

11 shall establish, as part of such drug testing program, a

12 drug-free awareness program designed to inform its em13 ployees concerning—

14 ‘‘(1) the dangers of drug abuse, both inside and

15 outside of the workplace;

16 ‘‘(2) the policy of the employer of maintaining

17 a drug-free workplace;

18 ‘‘(3) information as to the existence and avail19 ability of counseling, employee assistance, rehabilita20 tion, and other drug abuse treatment programs of

21 which the employer is aware; and

22 ‘‘(4) the penalties that may be imposed by the

23 employer on applicants and employees who test posi24 tive for the use of a drug, and for the manufacture,
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1 distribution, dispensation, possession, or use of a

2 drug in the workplace of the employer.

3 ‘‘SEC. 2604. STANDARDS FOR DRUG TESTING.

4 ‘‘(a) APPLICANTS.—Nothing in this title shall be con5 strued to prohibit an employer from requiring, as a condi6 tion of employment, that an applicant submit to and pass

7 a drug test based on criteria established by the employer

8 that are designed to achieve a drug-free workplace. Re9 fusal by an applicant to submit to such a test may be

10 treated in the same manner as a failure to pass a drug

11 test.

12 ‘‘(b) EMPLOYEES.—Nothing in this title shall be con13 strued to prohibit an employer from requiring an employee

14 to submit to and pass a drug test—

15 ‘‘(1) on a for cause basis or where the employer

16 has reasonable suspicion to believe that the employee

17 is using or is under the influence of a drug;

18 ‘‘(2) where such test is administered as part of

19 a scheduled medical examination;

20 ‘‘(3) in the case of an accident or incident in21 volving the actual or potential loss of human life,

22 bodily injury, or property damage;

23 ‘‘(4) during and for a reasonable period of time

24 (not to exceed 5 years) after the completion of a

25 drug abuse treatment program; or
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1 ‘‘(5) on a random selection basis—

2 ‘‘(A) in the case of sensitive employee posi3 tions;

4 ‘‘(B) in work units, locations, or facilities

5 where drug abuse has been identified as a prob6 lem; or

7 ‘‘(C) as part of a universal testing pro8 gram.

9 ‘‘(c) DEFINITION.—As used in this title, the term

10 ‘random’ means the selection of individuals for testing

11 based on uniform criteria so that no employee is selected

12 differently from other employees in similar circumstances.

13 The term ‘universal testing’ means a program in which

14 every employee in a particular work unit, location, or facil15 ity of an employer is tested.

16 ‘‘SEC. 2605. EMPLOYEE PROTECTIONS.

17 ‘‘(a) PROHIBITIONS.—In the case of an applicant or

18 employee, it shall be a violation of this title—

19 ‘‘(1) for an employer to fail to make reasonable

20 efforts to inform the applicant or employee as to the

21 drug testing policy of the employee;

22 ‘‘(2) for an employer to take any adverse action

23 based on the unconfirmed positive results of a drug

24 test, except as provided in subsection (c);
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1 ‘‘(3) for an employer, on the request of an ap2 plicant or employee, to fail to provide such applicant

3 or employee with a reasonable opportunity to be in4 formed of a sample which tests positive in a confirm5 atory test; and

6 ‘‘(4) for an employer, on the request of an ap7 plicant or employee, to fail to provide such applicant

8 or employee with a reasonable opportunity to explain

9 the results of a sample which tests positive in a con10 firmatory test.

11 ‘‘(b) ANTIRETALIATION PROHIBITION.—It shall be a

12 violation of this title for an employer to take retaliatory

13 action against an employee because of the exercise by the

14 employee of any right granted or protected under this title.

15 ‘‘(c) EXCEPTION FOR SENSITIVE EMPLOYEES.—

16 Pending the receipt of the results of a confirmatory drug

17 test, an employer may transfer or reassign an employee

18 in a sensitive position to another area or position without

19 any loss in compensation to such employee if the initial

20 drug test result is positive. If a confirmatory test of such

21 employee is negative, such employee shall be entitled to

22 immediate reinstatement to the position from which such

23 employee has been transferred or reassigned.
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1 ‘‘SEC. 2606. CONFIDENTIALITY.

2 ‘‘(a) IN GENERAL.—An individual, other than the ap3 plicant or employee who is the subject of a drug test, shall

4 not disclose information obtained as a result of a drug

5 test, except as provided in this section.

6 ‘‘(b) PERMITTED DISCLOSURES.—An employer, or

7 individual conducting a drug test on behalf of an em8 ployer, may disclose information acquired from a drug test

9 only—

10 ‘‘(1) to the applicant or employee taking such

11 drug test or any other individual specifically des12 ignated in writing by such applicant or employee

13 taking such drug test;

14 ‘‘(2) to the employer, including the duly author15 ized representatives of such employer, that requested

16 such test;

17 ‘‘(3) to any court, governmental agency, arbi18 trator, or mediator, in accordance with the provi19 sions of Federal or State law;

20 ‘‘(4) to appropriate drug abuse treatment pro21 viders; or

22 ‘‘(5) as required in defense of claims, suits, or

23 proceedings challenging any employment action

24 taken by an employer in reliance in whole or in part

25 upon a drug test.
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1 ‘‘SEC. 2607. EMPLOYER PRACTICES.

2 ‘‘(a) SAFE WORKPLACE.—Nothing in this title shall

3 be construed to prohibit an employer from taking action

4 necessary to apply personnel procedures and policies de5 signed to ensure a safe workplace, without regard to

6 whether or not a drug test is administered.

7 ‘‘(b) DRUG-FREE WORKPLACE.—Nothing in this title

8 shall be construed to prohibit an employer from taking ac9 tion necessary, up to and including termination, in the

10 case of applicant or employee—

11 ‘‘(1) whose drug test is determined to be posi12 tive after a confirmatory test;

13 ‘‘(2) who refuses to take a drug test authorized

14 under this title; or

15 ‘‘(3) who tampers with or adulterates a drug

16 testing sample.

17 ‘‘(c) PARTICIPATION IN DRUG ABUSE TREATMENT

18 PROGRAM.—Nothing in this title shall be construed to

19 prohibit an employer from requiring an employee to par20 ticipate in, and satisfactorily complete, a drug abuse treat21 ment program as a condition of continued employment

22 where the employee has a sample which tests positive in

23 a confirmatory test, has refused to submit to a drug test,

24 or has tampered with or adulterated a drug test sample.

25 ‘‘(d) SENSITIVE POSITION.—Notwithstanding any

26 other provision of law, nothing in this title shall be con-
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1 strued to prohibit an employer from refusing to place an

2 employee in, or to reinstate such employee, to a sensitive

3 position if such employee has a sample which tests positive

4 in a confirmatory test.

5 ‘‘SEC. 2608. DRUG ABUSE TREATMENT PROGRAMS.

6 ‘‘As part of the drug-free awareness program estab7 lished pursuant to section 2603, employers shall provide

8 information to employees concerning the existence and

9 availability of public and private drug counseling, em10 ployee assistance, rehabilitation, and other drug abuse

11 treatment programs of which the employer is aware.

12 ‘‘SEC. 2609. REGULATIONS.

13 ‘‘Not later than 1 year after the date of enactment

14 of this title, the Secretary of Health and Human Services

15 shall—

16 ‘‘(1) establish a program for the certification of

17 laboratories for the performance of toxicological uri18 nalysis conducted for drug testing programs as de19 scribed in this title; and

20 ‘‘(2) issue such other rules and regulations as

21 may be necessary or appropriate to carry out his or

22 her responsibilities under section 2601 of this title.

23 ‘‘SEC. 2610. ENFORCEMENT AND RELIEF.

24 ‘‘(a) LABORATORY CERTIFICATION STANDARDS.—

25 The certification program established pursuant to section
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1 2601(b) shall be enforced in accordance with the proce2 dures and sanctions contained in subsections (g), (h), (i),

3 (j), (k), and (l) of section 353 of the Public Health Service

4 Act, 42 U.S.C. 263a.

5 ‘‘(b) EMPLOYEE CHARGES CHARGING UNLAWFUL

6 DISCHARGE OR DISCRIMINATION; INVESTIGATION;

7 ORDER.—

8 ‘‘(1) CHARGE.—An employee who believes that

9 he or she has been discharged or otherwise discrimi10 nated against by an employer in violation of this

11 title may, not later than 30 days after such alleged

12 violation occurs, file (or have any individual file on

13 behalf of such employee) a charge with the Secretary

14 of Labor (hereinafter referred to in this subsection

15 as the ‘Secretary’) alleging that such discharge or

16 discrimination violates the provisions of this title. On

17 receipt of such charge, the Secretary shall notify in

18 writing the employer named in the charge of such

19 filing.

20 ‘‘(2) INVESTIGATION.—On receipt of a charge

21 filed under paragraph (1), the Secretary shall con22 duct an investigation of the violation alleged in such

23 charge. Not later than 30 days after the receipt of

24 such charge, the Secretary shall complete such inves25 tigation and shall notify in writing the charging
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1 party and the employer named in the charge (and

2 any individual acting on behalf of the employer) as

3 to the results of such investigation.

4 ‘‘(3) ORDER.—Not later than 60 days after the

5 completion of an investigation conducted pursuant to

6 this section, the Secretary shall, unless the proceed7 ing on the charge is terminated by the Secretary on

8 the basis of a settlement entered into by the Sec9 retary and the employer alleged to have committed

10 such violation, issue an order providing or denying

11 the relief prescribed in this section.

12 ‘‘(4) RELIEF.—If, in response to a complaint

13 filed under paragraph (1), the Secretary determines

14 that a violation of this title has occurred, the Sec15 retary shall order the employer who committed such

16 violation to provide such suitable relief as the Sec17 retary determines appropriate, including reinstate18 ment, promotion, and the payment of lost wages and

19 benefits.

20 ‘‘(5) REVIEW OF ORDER.—An employee or em21 ployer adversely affected or aggrieved by an order is22 sued under paragraph (3) may obtain review of such

23 order in the United States Court of Appeals for the

24 circuit in which the violation, with respect to which

25 the order was issued, allegedly occurred. The peti-
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1 tion for review shall be filed not later than 60 days

2 after the issuance of the order of the Secretary

3 under paragraph (3). Review by the Court of Ap4 peals shall conform to chapter 7 of title 5, United

5 States Code.

6 ‘‘(6) FAILURE TO COMPLY.—If a party fails to

7 comply with a final order issued pursuant to para8 graph (3), the Secretary may file a civil action to en9 force such order in the United States court for the

10 district in which the violation was found to occur.

11 Such court, in issuing any final order under this

12 subsection, may award the costs of litigation (includ13 ing reasonable attorney and expert witness (fees) to

14 the prevailing party.

15 ‘‘(7) RULES AND REGULATIONS.—The Sec16 retary of Labor may issue such rules and regulations

17 as may be necessary to carry out his or her respon18 sibilities under section 2601(b).

19 ‘‘(c) EXCLUSIVITY OF REMEDIES.—The rights and

20 remedies provided for in this section shall be the exclusive

21 enforcement rights and remedies for any violation of this

22 title.

23 ‘‘(d) AFFIRMATIVE DEFENSE.—The good faith com24 pliance of an employer with the standards and procedures
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1 established under this title shall constitute an affirmative

2 defense against any charge filed under subsection (b).

3 ‘‘(e) CONSTRUCTION.—Nothing in this title shall be

4 construed to require an employer to establish a drug test5 ing program for applicants or employees or make employ6 ment decisions based on such test results.

7 ‘‘SEC. 2611. EFFECT ON OTHER LAWS.

8 ‘‘(a) STATE LAW SUPERSEDURE.—This section shall

9 upon enactment of this title preempt any State or local

10 law, rule, regulation, order, standard, or cause of action

11 that applies to the private sector drug testing of an appli12 cant or employee, or that relates to any matter addressed

13 under this title. No State or local government shall adopt

14 or enforce any law, rule, regulation, ordinance, standard

15 or order relating to—

16 ‘‘(1) the certification of laboratories that per17 form drug testing analysis with respect to such anal18 ysis;

19 ‘‘(2) requirements for the conduct of drug test20 ing under this title;

21 ‘‘(3) the establishment, scope, or conducting of

22 employee or applicant drug testing programs;

23 ‘‘(4) the requirements applying to employer

24 drug testing policies or drug awareness programs; or

25 ‘‘(5) any other matter relating to this title.
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1 ‘‘(b) OTHER FEDERAL LAWS.—Nothing in this title

2 shall be construed to prohibit any Federal agency from

3 issuing regulations with respect to drug and alcohol test4 ing of private sector employees, including requirements for

5 mandatory drug testing in specified circumstances, pro6 vided that compliance by an employer with the standards

7 established under section 2601(c)(3) of this title applica8 ble to scientific and technical procedures also shall con9 stitute compliance with such Federal agency regulations

10 to the extent that such regulations differ from the stand11 ards established under section 2601(c)(3).

12 ‘‘SEC. 2612. EFFECTIVE DATE.

13 ‘‘Unless otherwise specified, the provisions of this

14 title shall become effective one year after the date of en15 actment of this title, except that the prohibition contained

16 in section 2601(a) shall not take effect prior to 1 year

17 after establishment of the certification program required

18 under section 2601(b).

19 ‘‘SEC. 2613. SEPARABILITY OF PROVISIONS.

20 ‘‘If any provision of this title, or the application of

21 such provision to any individual or circumstances, shall

22 be held invalid, the remainder of this title, or the applica23 tion of such title to individuals or circumstances other

24 than those as to which it is held invalid, shall not be af25 fected thereby.
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1 ‘‘SEC. 2614. DEFINITIONS.

2 ‘‘As used in this title:

3 ‘‘(a) APPLICANT.—The term ‘applicant’ means any

4 individual who has submitted an application to an em5 ployer, whether written or oral, for employment with such

6 employer.

7 ‘‘(b) DRUG.—The term ‘drug’ means any controlled

8 substance listed in schedules I through V of the Controlled

9 Substance Act, alcohol, steroids, and lawful prescription

10 medications which are the subject of abuse.

11 ‘‘(c) DRUG ABUSE TREATMENT PROGRAM.—The

12 term ‘drug abuse treatment program’ means a program,

13 such as an employee assistance program, designed to as14 sist an individual in dealing with problems caused by drug

15 abuse.

16 ‘‘(d) DRUG TEST.—The term ‘drug test’ means any

17 test procedure used to take and analyze blood, breath,

18 hair, urine or other body fluids or materials for the pur19 pose of detecting the presence or absence of a drug or

20 its metabolites, except that for purposes of this Act the

21 term drug test does not include breath alcohol analysis;

22 ‘‘(e) CONFIRMATORY TEST.—The term ‘confirmatory

23 test’ means a second analytical procedure to identify the

24 presence of a specific drug or metabolite which is inde25 pendent of the initial test and which uses a different tech-
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1 nique and chemical principle from that of the initial test

2 in order to ensure reliability and accuracy.

3 ‘‘(f) EMPLOYEE.—The term ‘employee’ means an in4 dividual employed by an employer.

5 ‘‘(g) EMPLOYER.—The term ‘employer’ means an in6 dividual, partnership, corporation, association, or other

7 entity, that employs one or more employees, and that is

8 engaged in an industry affecting commerce.

9 ‘‘(h) SENSITIVE EMPLOYEE.—The term ‘sensitive

10 employee’ means an individual employed in a position

11 whose duties, as defined by the employer, involve respon12 sibilities affecting such matters as national security,

13 health, or safety, environment, or other responsibilities re14 quiring a high degree of trust and confidence.

15 ‘‘(i) MEDICAL REVIEW OFFICER.—The term ‘medical

16 review officer’ means a licensed physician, registered

17 nurse, or other individual who possesses the training and

18 skills necessary to assess the documentation and results

19 of a drug test and to identify illicit drug use.

20 ‘‘SEC. 2615. PROFESSIONAL ATHLETES.

21 ‘‘For purposes of this title, professional athletes may

22 be treated in the same manner as employees who meet

23 the definition of section 2614(g), except that professional

24 athletes shall not be covered by section 2606(a).’’.

25 (b) CONFORMING AMENDMENTS.—
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1 (1) Sections 2601 through 2614 of the Public

2 Health Service Act (42 U.S.C. 300cc through

3 300cc–15) are redesignated as sections 2701

4 through 2714, respectively.

5 (2)(A) Sections 465(f) and 497 of such Act (42

6 U.S.C. 286(f) and 289(f) are each amended by strik7 ing out ‘‘2601’’ and inserting ‘‘2701’’.

8 (B) Section 305(i) of such Act (42 U.S.C.

9 242c(i)) is amended by striking out ‘‘2611’’ each

10 place it appears and inserting ‘‘2711’’.

Æ

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