‘‘SEC. 2606. CONFIDENTIALITY.
‘‘(a) IN GENERAL.—An individual, other than the ap-
plicant or employee who is the subject of a drug test, shall
not disclose information obtained as a result of a drug
test, except as provided in subsection (b).
‘‘(b) PERMITTED DISCLOSURES.—An employer, or
individual conducting a drug test on behalf of an em-
ployer, may disclose information acquired from a drug test
only to—
‘‘(1) the applicant or employee taking such
drug test or any other individual specifically des-
ignated in writing by such applicant or employee
taking such drug test,
‘‘(2) the employer, including the designated rep-
resentative of such employer, that requested such
test,
‘‘(3) any court, governmental agency, arbitra-
tor, or mediator, in accordance with Federal or
State law, and
‘‘(4) appropriate drug abuse treatment provid-
ers.
‘‘SEC. 2607. EMPLOYER PRACTICES.
‘‘(a) SAFE WORKPLACE.—Nothing in this title shall
be construed to prohibit an employer from taking action
necessary to ensure a safe workplace.
‘‘(b) DRUG-FREE WORKPLACE.—Nothing in this title
shall be construed to prohibit an employer from taking ac-
tion necessary, up to and including termination, in the
case of applicant or employee—
‘‘(1) whose drug test result is confirmed posi-
tive,
‘‘(2) who refuses to take a drug test authorized
under this title, or
‘‘(3) who tampers with or adulterates a drug
testing specimen.
‘‘(c) PARTICIPATION IN DRUG ABUSE TREATMENT
PROGRAM.—Nothing in this title shall be construed to
prohibit an employer from requiring an employee to par-
ticipate in, and satisfactorily complete, a drug treatment
program as a condition of continued employment where
the employee has tested confirmed positive for drugs, has
refused to submit to a drug test, or has tampered with
or adulterated a drug test specimen.
‘‘(d) SENSITIVE POSITION.—Nothing in this title
shall be construed to prohibit an employer from refusing
to place an employee in, or reinstate such employee, to
a sensitive position if such employee has tested confirmed
positive for drug use.
‘‘SEC. 2608. DRUG ABUSE TREATMENT PROGRAMS.
‘‘As part of the drug-free awareness program estab-
lished pursuant to section 2603, employers shall provide
information to employees concerning the existence and
availability of public and private drug counseling, em-
ployee assistance, rehabilitation, and other drug abuse
treatment programs of which the employer is aware.
‘‘SEC. 2609. REGULATIONS.
‘‘Not later than 1 year after the date of enactment
of this title, the Secretary shall—
‘‘(1) establish a program for the certification of
laboratories for the performance of toxicological uri-
nalysis conducted for drug testing programs as de-
scribed in this title, and
‘‘(2) issue such other rules and regulations as
may be necessary or appropriate to carry out this
title.
‘‘SEC. 2610. ENFORCEMENT AND RELIEF.
‘‘(a) LABORATORY CERTIFICATION STANDARDS.—
The certification program established pursuant to section
2601(b) shall be enforced in accordance with the proce-
dures and sanctions contained in subsections (g), (h), (i),
(j), (k), and (l) of section 353.
‘‘(b) EMPLOYEE COMPLAINTS CHARGING UNLAWFUL
DISCHARGE OR DISCRIMINATION, INVESTIGATION ORDER.
‘‘(1) COMPLAINT.—An employee who believes
that such employee has been charged or otherwise
discriminated against by an employer in violation of
this title may, not later than 30 days after such ac-
tion occurs, file (or have any individual file on behalf
of such employee) a complaint with the Secretary of
Labor (hereinafter referred to in this subsection as
the ‘Secretary’) alleging that such discharge or dis-
crimination violates this title. On receipt of such
complaint, the Secretary shall notify the individual
named in the complaint of such filing.
‘‘(2) INVESTIGATION AND ORDER.—
‘‘(A) INVESTIGATION.—On receipt of a
complaint filed under paragraph (1), the Sec-
retary shall conduct an investigation of the vio-
lation alleged in such complaint. Not later than
30 days after the receipt of such complaint, the
Secretary shall complete such investigation and
shall notify in writing the employer (and any in-
dividual acting on behalf of the employer) as to
the results of such investigation.
‘‘(B) ORDER.—Not later than 30 days
after the completion of such investigation, the
Secretary shall, unless the proceeding on the
complaint is terminated by the Secretary on the
basis of a settlement entered into by the Sec-
retary and the employer alleged to have com-
mitted such violation, issue an order either pro-
viding the relief prescribed in this section or de-
nying the complaint. An order of the Secretary
issued under this subparagraph shall be made
on the record after notice and opportunity for
public hearing.
‘‘(3) RELIEF.—If, in response to a complaint
filed under paragraph (1), the Secretary determines
that a violation of this title has occurred, the Sec-
retary shall order the employer who committed such
violation to provide such suitable relief as the Sec-
retary determines appropriate, including reinstate-
ment, promotion, and the payment of lost wages and
benefits.
‘‘(4) REVIEW OR ORDER.—An employee or em-
ployer adversely affected or aggrieved by an order is-
sued under paragraph (2) may obtain review of such
order in the United States Court of Appeals for the
circuit in which the violation, with respect to which
the order was issued, allegedly occurred. The peti-
tion for review shall be filed not later than 60 days
after the issuance of the order of the Secretary
under paragraph (2). Review by the Court of Ap-
peals shall conform to chapter 7 of Title 5, United
States Code.
‘‘(5) FAILURE TO COMPLY.—If an employee or
employer fails to comply with an order issued under
paragraph (2), the Secretary may file a civil action
in the United States court for the district in which
the violation was found to occur to enforce such
order. Such court, in issuing any final order under
this subsection, may award the costs of litigation
(including reasonable attorney and expert witness
fees) to the prevailing party.
‘‘(c) AFFIRMATIVE DEFENSE.—The good faith com-
pliance of an employer with the standards and procedures
established under this title shall constitute an affirmative
defense against any complaint filed under subsection (b).
‘‘(d) CONSTRUCTION.—Nothing in this title shall be
construed to require an employer to establish a drug test-
ing program for applicants or employees or make employ-
ment decisions based on such test results.
‘‘SEC. 2611. EFFECT ON OTHER LAWS.
‘‘(a) STATE LAW, SUPERSEDURE.—This title shall
preempt any State or local law, rule, regulation, order or
standard that applies to the drug testing of an applicant
or employee, or that relates to any matter addressed under
this title. No State or local government shall adopt or en-
force any law, rule, regulation, ordinance, standard or
order relating to—
‘‘(1) the certification of laboratories that per-
form drug testing analysis with respect to such anal-
ysis,
‘‘(2) requirements for the conduct of drug test-
ing under the certification program established
under this title,
‘‘(3) the conducting of employee or applicant
drug testing programs, or
‘‘(4) any other matter relating to this title.
‘‘(b) OTHER FEDERAL LAWS.—Nothing in this title
shall be construed to prohibit the Secretary of Transpor-
tation or the Nuclear Regulatory Commission from issuing
regulations with respect to drug and alcohol testing.
‘‘SEC. 2612. EFFECTIVE DATE.
‘‘This title shall become effective 2 years after the
date of enactment of this title, except that the prohibition
contained in section 2601(a) shall not take effect less than
1 year after establishment of the certification program re-
quired under section 2601(b).
‘‘SEC. 2613. DEFINITIONS.
‘‘As used in this title:
‘‘(1) APPLICANT.—The term ‘applicant’ means
any individual who has submitted an application to
an employer, whether written or oral, for employ-
ment with such employer.
‘‘(2) DRUG.—The term ‘drug’ means any con-
trolled substance listed in Scheduled I through V of
section 202 of the Controlled Substances Act (21
U.S.C. 812), alcohol, steroids, and any other drug or
medication that can interfere with employment per-
formance.
‘‘(3) DRUG
ABUSE
TREATMENT
PROGRAM.—
The term ‘drug abuse treatment program’ means a
program, such as an employee assistance program,
designed to assist an individual in dealing with prob-
lems caused by drug abuse.
‘‘(4) DRUG TEST.—The term ‘drug test’ means
any test procedure used to take and analyze blood,
breath, hair, urine or other body fluids or materials
for the purpose of detecting the presence or absence
of a drug or its metabolites.
‘‘(5) EMPLOYEE.—The term ‘employee’ means
an individual employed by an employer.
‘‘(f) EMPLOYER.—The term ‘employer’ means an in-
dividual, partnership, corporation, association, or other
entity (including the Federal Government), that employs
one or more employees, and that is engaged in an industry
affecting commerce.
‘‘(g) SENSITIVE EMPLOYEE.—The term ‘sensitive
employee’ means an individual employed in a position
whose duties, as defined by the employer, involve respon-
sibilities affecting such matters as national security,
health, or safety, environment, or other responsibilities re-
quiring a high degree of trust and confidence.
‘‘SEC. 2614. PROFESSIONAL ATHLETES.
‘‘For purposes of this title, professional athletes may
be treated in the same manner as employees who meet
the definition of section 2614(g), except that professional
athletes shall not be covered by section 2606(a).’’.
(b) CONFORMING AMENDMENTS.—
(1) Sections 2601 through 2614 of the Public
Health Service Act (42 U.S.C. 300cc through
300cc–15) are redesignated as sections 2701
through 2714, respectively.
(2)(A) Sections 465(f) and 497 of such Act (42
U.S.C. 286(f) and 289(f)) are each amended by
striking out ‘‘2601’’ and inserting ‘‘2701’’.
(B) Section 305(i) of such Act (42 U.S.C.
242c(i)) is amended by striking out ‘‘2611’’ each
place it appears and inserting ‘‘2711’’.
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HR 377 IH——2