‘‘(A) provide that the Secretary shall, in
considering applications for certification under
the certification program, consider whether the
applicant has, directly or indirectly, owned or
operated a laboratory which has had its certifi-
cation suspended or revoked under the pro-
gram, and
‘‘(B)(i) include criteria for recognition by
the Secretary of—
‘‘(I) State agencies and private non-
profit accrediting bodies to certify labora-
tories in accordance with the requirements
of this section if such agencies and bodies
meet such criteria, and
‘‘(II) State agencies and private non-
profit accrediting bodies to act on the Sec-
retary’s behalf in certifying laboratories in
accordance with the requirements of this
section if such agencies and bodies meet
such criteria,
‘‘(ii) provide that the Secretary shall over-
see and review the performance of any agency
or accrediting body recognized by the Secretary
as meeting the criteria described in clause (i) to
ensure its compliance with the requirements of
the certification program, and
‘‘(iii) provide that the Secretary shall have
the right to obtain from an agency or accredit-
ing body described in clause (ii) and from any
laboratory that may be certified by such an
agency or accrediting body all records and ma-
terials that are necessary in the Secretary’s
judgment for the oversight and review required
by clause (ii).
‘‘(2) A laboratory may not be certified to per-
form drug testing under the certification program
established under subsection (a) unless the labora-
tory is certified under section 353, except that a lab-
oratory which only performs toxicological urinalyses
is not required to be certified under section 353 to
be certified under the certification program.
‘‘(3)(A) A laboratory may not be certified to
perform drug testing under the certification program
established under subsection (a) unless it dem-
onstrates to the Secretary its competence to perform
toxicological urinalyses in accordance with the re-
quirements of this section and section 572 for the
following drugs and drug classes;
‘‘(i) the drugs and drug classes for which
test methods and cutoff levels are provided
under subpart B of the HHS guidelines;
‘‘(ii) barbiturates listed in schedules I and
II under the Controlled Substances Act (21
U.S.C. 801 et seq.); and
‘‘(iii) oxazepam and alprazolam.
‘‘(B) Notwithstanding subparagraph (A), a lab-
oratory certified under subpart C of the HHS guide-
lines prior to the date the Secretary establishes the
certification program under subsection (a) shall be
deemed by the Secretary to be competent to perform
toxicological urinalyses for the drugs and drug class-
es described in subparagraph (A) and shall be cer-
tified by the Secretary to do so for drug testing pro-
grams as of such date.
‘‘(4) A laboratory certified to perform drug
testing under the certification program established
under subsection (a), shall, in order to retain such
certification, require its scientific, technical, and an-
alytical personnel involved in such drug testing to
participate in continuing education programs of a
nature and at a frequency (not less than annually)
specified by the Secretary in regulations.
‘‘(d) REVISION.—The Secretary shall, in accordance
with section 553 of title 5, United States Code, revise the
requirements of the certification program as necessary to
reflect improvements in drug testing methods for the pur-
pose of ensuring the full reliability and accuracy of drug
testing, the accurate reporting of full results, and the in-
tegrity and efficacy of drug testing programs.
‘‘SEC. 572. PROVISIONS TO ENSURE INTEGRITY OF TOXI-
COLOGICAL URINALYSIS.
‘‘(a) IN GENERAL.—Not later than 1 year after the
date of enactment of this part, the Secretary shall issue
regulations to ensure the integrity of toxicological urinal-
ysis which shall, except as provided in subsection (b), con-
form to the maximum extent practicable to subpart B of
the HHS guidelines.
‘‘(b) SPECIFIC PROVISIONS.—The regulations issued
under subsection (a) shall—
‘‘(1) except as otherwise provided in this sub-
section, treat any person conducting a drug testing
program in the same manner as subpart B of the
HHS guidelines treats the Federal agencies to which
it is applicable,
‘‘(2) expand the list of drugs and drug classes
for which test methods and cutoff levels are provided
under subpart B of the HHS guidelines to include
barbiturates listed in schedules I and II under the
Controlled 
Substances 
Act, 
oxazepam 
and
alprazolam, anabolic steroids, and such other drugs
or drug classes as the Secretary determines under
subsection (c) may be appropriate,
‘‘(3)(A) neither require nor prohibit the estab-
lishment of a drug testing program by any person,
and
‘‘(B) neither require any person to test nor pro-
hibit any person from testing for any particular drug
or class of drugs described in paragraph (2) or sub-
part B of the HHS guidelines,
‘‘(4) provide no specimen collection procedures
other than those necessary to establish and maintain
a proper chain of custody and to provide for trans-
portation of specimens to the laboratory,
‘‘(5) consistent with the consensus of expert
medical and scientific opinion as determined by the
Secretary, establish appropriate cutoff levels for each
drug or class of drugs described in paragraph (2) or
subpart B of the HHS guidelines for both initial and
confirmatory tests,
‘‘(6)(A) establish requirements to ensure the in-
tegrity and validity of blind performance testing of
laboratories certified under the certification program