46 U.S.C. § 7706: Drug testing reporting

Summary

Within 2 weeks after a Medical Review Officer reports a verified positive drug test or a verified test violation for a federal civilian employee, a federal job applicant, or an officer of the Public Health Service or the NOAA Commissioned Officer Corps who works on a vessel run by a federal agency, the agency head must send that report to the Commandant and follow the same rules used for reporting drug test results for people on U.S.-documented vessels. Despite section 503(e) of the Supplemental Appropriations Act, 1987 (5 U.S.C. 7301 note), the report may be released without the employee’s or applicant’s prior written consent.

Title 46, §7706

Shipping, Source: USLM XML via OLRC

(a)Release of Drug Test Results to Coast Guard.—

Not later than 2 weeks after receiving from a Medical Review Officer a report of a verified positive drug test or verified test violation by a civilian employee of a Federal agency, an applicant for employment by a Federal agency, an officer in the Public Health Services, or an officer in the National Oceanic and Atmospheric Administration Commissioned Officer Corps, who is employed in any capacity on board a vessel operated by the agency, the head of the agency shall release to the Commandant the report.

(b)Standards, Procedures, and Regulations.—

The head of a Federal agency shall carry out a release under subsection (a) in accordance with the standards, procedures, and regulations applicable to the disclosure and reporting to the Coast Guard of drug tests results and drug test records of individuals employed on vessels documented under the laws of the United States.

(c)Waiver.—

Notwithstanding section 503(e) of the Supplemental Appropriations Act, 1987 (5 U.S.C. 7301 note), the report of a drug test of an employee or an applicant for employment by a Federal agency may be released under this section without the prior written consent of the employee or the applicant.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 503(e) of the Supplemental Appropriations Act, 1987, referred to in subsec. (c), is section 503(e) of Pub. L. 100–71, which is set out as a note under section 7301 of Title 5, Government Organization and Employees.

Amendments

2018—Subsec. (a). Pub. L. 115–232 struck out “of the Coast Guard” after “Commandant”. 2014—Subsec. (a). Pub. L. 113–281, § 304(1), inserted “an applicant for employment by a Federal agency,” after “Federal agency,”. Subsec. (c). Pub. L. 113–281, § 304(2), inserted “or an applicant for employment by a Federal agency” after “an employee” and substituted “the employee or the applicant” for “the employee”.

§7706 Drug Testing Reporting