Page:United States Statutes at Large Volume 124.djvu/3402

 124 STAT. 3376 PUBLIC LAW 111–314—DEC. 18, 2010 (3) require that all laboratories involved in the controlled substances testing of any individual under this section shall have the capability and facility, at such laboratory, of per- forming screening and confirmation tests; (4) provide that all tests which indicate the use, in violation of applicable law or Federal regulation, of alcohol or a controlled substance by any individual shall be confirmed by a scientif- ically recognized method of testing capable of providing quan- titative data regarding alcohol or a controlled substance; (5) provide that each specimen sample be subdivided, secured, and labelled in the presence of the tested individual and that a portion thereof be retained in a secure manner to prevent the possibility of tampering, so that in the event the individual’s confirmation test results are positive the individual has an opportunity to have the retained portion assayed by a confirma- tion test done independently at a second certified laboratory if the individual requests the independent test within 3 days after being advised of the results of the initial confirmation test; (6) ensure appropriate safeguards for testing to detect and quantify alcohol in breath and body fluid samples, including urine and blood, through the development of regulations as may be necessary and in consultation with the Department of Health and Human Services; (7) provide for the confidentiality of test results and medical information of employees; and (8) ensure that employees are selected for tests by nondiscrim- inatory and impartial methods, so that no employee is harassed by being treated differently from other employees in similar circumstances. (f) EFFECT ON OTHER LAWS AND REGULATIONS.— (1) CONSISTENCY WITH FEDERAL REGULATION.—No State or local government shall adopt or have in effect any law, rule, regulation, ordinance, standard, or order that is inconsistent with the regulations promulgated under this section. (2) CONTINUANCE OF REGULATIONS ISSUED BEFORE DECEMBER 9, 1991.—Nothing in this section shall be construed to restrict the discretion of the Administrator to continue in force, amend, or further supplement any regulations issued before December 9, 1991, that govern the use of alcohol and controlled substances by Administration employees with responsibility for safety-sen- sitive, security, and national security functions (as determined by the Administrator), or by Administration contractor employees with such responsibility. CHAPTER 313—HEALTHCARE Sec. 31301. Healthcare program. 31302. Astronaut healthcare survey. § 31301. Healthcare program The Administrator shall develop a plan to better understand the longitudinal health effects of space flight on humans. In the development of the plan, the Administrator shall consider the need