retary of a civil penalty of not less than $1,000 or
more than $10,000, taking into account the previous
record of the laboratory under sections 571 and 572
and the gravity of the violation.
‘‘(2) If the Secretary discovers a violation of
any regulation issued under section 572 by any per-
son other than a laboratory, the Secretary shall refer
the matter to the Attorney General for further inves-
tigation and appropriate action.
‘‘(c) INJUNCTION.—The Secretary or the Attorney
General, as appropriate, or any aggrieved person, may
bring an action to restrain violations of section 574(a) or
any regulation issued under section 572. In any action
brought under this subsection, the district courts of the
United States shall have jurisdiction for cause shown, to
issue declaratory relief, temporary restraining orders, and
preliminary and permanent injunctions to require compli-
ance with such provisions.
‘‘(d) CIVIL ACTION.—Any test subject who is tested,
or whose test results are handled, in violation of, or is
deprived of rights because of a violation under, subsection
(a) or paragraphs (1) through (7) of subsection (b) of sec-
tion 574, or who is adversely affected by a material breach
in an applicable chain of custody under section 572, may
institute a civil action in any district court of the United
States of competent jurisdiction for appropriate legal and
equitable relief, including employment, reinstatement, pro-
motion, the payment of lost wages and benefits, and dam-
ages. The costs of suit, including a reasonable attorney’s
fee, shall be allowed to a prevailing party. Such an attor-
ney’s fee shall be allowed in the manner in which attor-
ney’s fees are allowed under the last sentence of section
722 of the Revised Statutes (42 U.S.C. 1988). It shall
not be a defense to such an action that the plaintiff has
waived the rights or protections provided for in this sec-
tion or has otherwise consented to a violation, deprivation,
or breach. No action may be instituted under this sub-
section after the expiration of 2 years from the date the
person discovers the violation, deprivation, or breach.
‘‘(e) INDEMNIFICATION AND CONTRIBUTION.—Any
person conducting a drug testing program who takes any
adverse action against any test subject based, in whole or
in part, upon a report by a laboratory of a positive test
result which is thereafter found to have been a false posi-
tive result and who consequently is held liable under sub-
section (d) for damages or other sums may institute a civil
action against such laboratory for indemnification or con-
tribution, as appropriate, in any district court of the Unit-
ed States of competent jurisdiction. No action may be in-
stituted under this subsection after the expiration of one
year from the date on which a judgment under subsection
(d) becomes final.
‘‘SEC. 576. CONSTRUCTIONS.
‘‘(a) IN GENERAL.—Nothing in this part limits the
authority—
‘‘(1) 
of 
the 
Secretary 
under 
section
571(c)(1)(B)(i) to permit an agency or accrediting
body described in section 571(c)(1)(B)(ii) to main-
tain, or
‘‘(2) of any test subject or duly authorized rep-
resentative of a test subject to contract for,
standards, procedures, or requirements more protective of
test subjects than those provided by the certification pro-
gram established under section 571 or the regulations is-
sued under section 572.
‘‘(b) 
LIMITATION.—Notwithstanding 
subsection
(a)(1), the Secretary shall not permit an agency or accred-
iting body described in section 571(c)(1)(B)(ii) to deny
certification under section 571 to any laboratory comply-
ing with the standards, procedures, and requirements es-
tablished by the Secretary under section 571.
‘‘(c) CERTIFICATION.—To the extent that this part
imposes a more protective standard, procedure, or require-
ment on—
‘‘(1) the Secretary,
‘‘(2) laboratories performing toxicological uri-
nalysis, or
‘‘(3) a person conducting a drug testing pro-
gram, such standard, procedure, or requirement
shall supersede and replace that provided by the
HHS guidelines and by any statute, rule, regulation,
Executive order, or other law in effect on the date
on which such standard, procedure, or requirement
becomes effective.
‘‘SEC. 577. PREEMPTION.
‘‘(a) IN GENERAL.—No State or local government
may adopt or enforce any law, rule, regulation, ordinance,
standard, or order relating to—
‘‘(1) the certification of laboratories which per-
form drug testing, or
‘‘(2) requirements for the conduct of drug test-
ing under the certification program established
under this part,
which is different from such certification program.
‘‘(b) PROHIBITION.—No State or local government
may adopt or enforce any law, rule, regulation, ordinance,
standard, or order that permits or requires any act prohib-
ited by section 574.
‘‘SEC. 578. FEES.
‘‘The Secretary shall require the payment of fees by
a laboratory for certification and recertification in such
amounts as the Secretary may, from time to time, deter-
mine are necessary to recover the cost of granting or deny-
ing such certification or recertification under the certifi-
cation program established under section 571. The Sec-
retary shall also require the payment thereafter of annual
fees by certified laboratories in such amounts as the Sec-
retary may, from time to time, determine are necessary
to recover the cost of ongoing testing, inspection, inves-
tigation, enforcement, and other supervisory activities with
respect to certified laboratories under this part and such
certification program. Subject to appropriation Acts, the
Secretary may use fees collected under this section to ad-
minister the certification program under section 571 and
to carry out the activities described in the preceding sen-
tence.
‘‘SEC. 579. DEFINITIONS.
‘‘As used in this part—
‘‘(1) the term ‘blank specimen’ means a urine
specimen containing no drug,
‘‘(2) the term ‘controlled substance’ has the
meaning given to it in section 102(b) of the Con-
trolled Substances Act (21 U.S.C. 802(6)),
‘‘(3) the term ‘drug’ means any controlled sub-
stance and any metabolite of a controlled substance,
‘‘(4) the term ‘drug testing program’ means
any program or policy under which 2 or more indi-
viduals are, or can reasonably be expected to be, re-
quired or requested to submit urine specimens for
toxicological urinalysis, but such term does not in-
clude—
‘‘(A) any program for toxicological urinal-
ysis—
‘‘(i) administered by the armed forces
(as defined in section 2101(2) of title 5,
United States Code) or the intelligence
community (as defined in Executive Order
12333 of December 4, 1981), or
‘‘(ii) involving the testing of arrestees,
detainees, probationers, incarcerated per-
sons, or parolees in the criminal justice
system, and
‘‘(B) the submission to a laboratory of any
urine specimen by an individual’s physician if
the testing by the laboratory of the specimen is
to be conducted as part of the regular course of
diagnosis or treatment prescribed by the physi-
cian,