Page:United States Statutes at Large Volume 124.djvu/3401

124 STAT. 3375 PUBLIC LAW 111–314—DEC. 18, 2010 be permitted to perform the duties that the individual per- formed prior to the date of the determination, if the individual— (A) engaged in such use while on duty; (B) prior to such use had undertaken or completed a rehabilitation program described in subsection (d); (C) following such determination refuses to undertake such a rehabilitation program; or (D) following such determination fails to complete such a rehabilitation program. (d) PROGRAM FOR REHABILITATION.— (1) REGULATIONS AND AVAILABILITY OF PROGRAM FOR CON- TRACTOR EMPLOYEES.—The Administrator shall prescribe regu- lations setting forth requirements for rehabilitation programs which at a minimum provide for the identification and oppor- tunity for treatment of employees referred to in subsection (b) in need of assistance in resolving problems with the use, in violation of applicable law or Federal regulation, of alcohol or a controlled substance. Each contractor is encouraged to make such a program available to all of its employees in addi- tion to those employees referred to in subsection (b)(2). The Administrator shall determine the circumstances under which such employees shall be required to participate in such a pro- gram. Nothing in this subsection shall preclude any Administra- tion contractor from establishing a program under this sub- section in cooperation with any other such contractor. (2) ESTABLISHMENT AND MAINTENANCE OF PROGRAM FOR ADMINISTRATION EMPLOYEES.—The Administrator shall estab- lish and maintain a rehabilitation program which at a minimum provides for the identification and opportunity for treatment of those employees of the Administration whose duties include responsibility for safety-sensitive, security, or national security functions who are in need of assistance in resolving problems with the use of alcohol or controlled substances. (e) PROCEDURES FOR TESTING.—In establishing the programs required under subsection (b), the Administrator shall develop requirements which shall— (1) promote, to the maximum extent practicable, individual privacy in the collection of specimen samples; (2) with respect to laboratories and testing procedures for controlled substances, incorporate the Department of Health and Human Services scientific and technical guidelines dated April 11, 1988, and any subsequent amendments thereto, including mandatory guidelines which— (A) establish comprehensive standards for all aspects of laboratory controlled substances testing and laboratory procedures to be applied in carrying out this section, including standards which require the use of the best avail- able technology for ensuring the full reliability and accuracy of controlled substances tests and strict proce- dures governing the chain of custody of specimen samples collected for controlled substances testing; (B) establish the minimum list of controlled substances for which individuals may be tested; and (C) establish appropriate standards and procedures for periodic review of laboratories and criteria for certification and revocation of certification of laboratories to perform controlled substances testing in carrying out this section;