Page:United States Statutes at Large Volume 101 Part 1.djvu/500

 101 STAT. 470

PUBLIC LAW 100-71—JULY 11, 1987

(I) the Veterans' Administration; except that such term does not include the Department of Transportation or any other entity (or component thereof) covered by subsection (b). Federal (3) Notwithstanding any provision of chapter 5 of title 5, United ^^bl^*T' States Code, the mandatory guidelines to be published pursuant to t\ji^500^et seq. subsection (a)(l)(A)(ii) shall be published and made effective exclusively according to the provisions of this paragraph. Notice of the mandatory guidelines proposed by the Secretary of Health and Human Services shall be published in the Federal Register, and interested persons shall be given not less than 60 days to submit written comments on the proposed mandatory guidelines. Following review and consideration of written comments, final mandatory guidelines shall be published in the Federal Register and shall become effective upon publication. (b)(1) Nothing in subsection (a) shall limit or otherwise affect the availability of funds for drug testing by— (A) the Department of Transportation; (B) Department of Energy, for employees specifically involved in the handling of nuclear weapons or nuclear materials; (C) any agency with an agency-wide drug-testing program in existence as of September 15, 1986; or (D) any component of an agency if such component had a drug-testing program in existence as of September 15, 1986. (2) The Departments of Transportation and Energy and any agency or component thereof with a drug-testing program in existence as of September 15, 1986— (A) shall be brought into full compliance with Executive 3 CFR, 1986 Order Numbered 12564 no later than the end of the 6-month Comp., p. 224. period beginning on the date of the enactment of this Act; and (B) shall take such actions as may be necessary to ensure that their respective drug-testing programs or plans are brought into full compliance with the mandatory guidelines published under subsection (a)(l)(A)(ii) no later than 90 days after such mandatory guidelines take effect, except that any judicial challenge that affects such guidelines should not affect drug-testing programs or plans subject to this paragraph. (c) In the case of an agency (or component thereof) other than an agency as defined by subsection (a)(2) or an agency (or component thereof) covered by subsection (b), none of the funds appropriated or made available by this Act, or any other Act, with respect to any fiscal year, shall be available to administer or implement any drug testing pursuant to Executive Order Numbered 12564, or any subsequent order, unless and until— (1) the Secretary of Health and Human Services provides ,.;•• written certification with respect to that agency (or component) in accordance with clauses (i) and (iii) of subsection (a)(1)(A); (2) the Secretary of Health and Human Services has submit«] ted a written, detailed analysis with respect to that agency (or component) in accordance with subsection (a)(1)(B); and (3) the Director of the Office of Management and Budget has submitted a written, detailed analysis with respect to that agency (or component) in accordance with subsection (a)(1)(C). (d) Any Federal employee who is the subject of a drug test under any program or plan shall, upon written request, have access to— (1) any records relating to such employee's drug test; and

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