the Secretary to perform toxicological urinalyses for
such other drug or drug class, or
‘‘(B) in the case of any other drug or drug
class, such drug testing program provides the lab-
oratory with a statement signed by the test subject
acknowledging that disclosure of a test for such
other drug or drug class has been made and con-
senting to the performance of such test.
‘‘(b) OTHER VIOLATIONS.—It shall be unlawful for
any person—
‘‘(1) who is a test subject to knowingly disclose
the results of a toxicological urinalysis in connection
with any drug testing program which was not per-
formed on such person,
‘‘(2) who is not a test subject and who has been
directly or indirectly involved in a drug testing pro-
gram or a toxicological urinalysis under such a pro-
gram, to knowingly disclose the results of any toxi-
cological urinalysis in connection with any drug test-
ing program, except—
‘‘(A) as provided in the regulations issued
under section 572,
‘‘(B) that if the person is authorized to
represent—
‘‘(i) an educational institution in
which a participant described in section
572(d) is enrolled,
‘‘(ii) an organized interscholastic or
intercollegiate athletic team, league, or as-
sociation, or
‘‘(iii) an organization that conducts
organized athletic competition under the
auspices of or sanctioned by the United
States Olympic Committee or any member
thereof,
such person may disclose the results of a toxi-
cological urinalysis performed on a participant
described in section 572(d) in connection with
a drug testing program, and
‘‘(C) that if the person is authorized to
represent a team, league, or association which
conducts a drug testing program in which par-
ticipants in athletic competitions who are paid
for their performance are test subjects, such
person may disclose the results of a toxi-
cological urinalysis performed on such partici-
pant in connection with a drug testing program,
‘‘(3) to knowingly—
‘‘(A) alter or falsely report the results of a
toxicological urinalysis, or
‘‘(B) adulterate any urine specimen (other
than a specimen spiked for use in performance
testing),
in connection with any drug testing program or per-
formance testing,
‘‘(4) except in connection with epidemiological,
biomedical, or other medical research in which the
identity of the person providing the urine specimen
is unknown, to knowingly perform or cause to be
performed on a urine specimen a test for any medi-
cal condition or any substance, other than alcohol or
a drug or drug class for which the Secretary has
prescribed test methods and cutoff levels under sec-
tion 572(a) or 562(b)(2), without the consent of the
person providing the urine specimen following disclo-
sure to such person of the medical condition or sub-
stance for which testing will be performed,
‘‘(5) if the consent of a person providing a
urine specimen is required under paragraph (4) be-
fore the specimen may be tested, to take any adverse
action against such person for refusing to give such
consent, unless such person is a participant de-
scribed in section 572(d) or is a participant in ath-
letic competition who is paid for the participant’s
performance,
‘‘(6) in the case of a toxicological urinalysis, to
take any adverse action against any test subject
based, in whole or in part, upon a positive result
that has not been confirmed by a test—
‘‘(A) which uses gas chromatography/mass
spectrometry (or, in the case of alprazolam,
which uses high-performance liquid chroma-
tography), or
‘‘(B) which, after the establishment of the
certification program under section 571, is per-
formed in accordance with the requirements of
such program,
‘‘(7) in the case of a toxicological urinalysis,
where a confirmed positive result has not been veri-
fied by a medical review officer because there exists
a legitimate medical explanation for the result con-
sistent with legal drug use, including use of a drug
pursuant to and in accordance with a valid prescrip-
tion, or because the result is scientifically insuffi-
cient for further action, to take any adverse action
against any test subject based in whole or in part
upon such result, except that, in the case of a drug
testing program conducted in connection with ath-
letic competition, a medical review officer may verify
a confirmed positive result for any drug described in
subsection (a)(2)(B) notwithstanding the existence
of a legitimate medical explanation for the result,
and adverse action may be taken against any partici-
pant in athletic competition based upon such result,
or
‘‘(8) to knowingly fail to administer or conduct
any toxicological urinalysis or drug testing program
in accordance with the requirements of the certifi-
cation program established under section 571 or the
regulations issued under section 572.
As used in paragraph (4), the term ‘any medical condition
or any substance’ does not include creatinine, pH, or spe-
cific gravity.
‘‘SEC. 575. SANCTIONS AND REMEDIES.
‘‘(a) CRIMINAL PENALTY.—A person who violates
section 574(a) shall be subject to imprisonment for not
more than 3 years, or a fine under title 18, United States
Code, or both.
‘‘(b) ADMINISTRATIVE REMEDIES.—
‘‘(1) A laboratory performing any toxicological
urinalysis in connection with any drug testing pro-
gram that violates any regulation issued under sec-
tion 572 shall be subject to assessment by the Sec-