
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC45104]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart iii--safety
 
         CHAPTER 451--ALCOHOL AND CONTROLLED SUBSTANCES TESTING
 
Sec. 45104. Testing and laboratory requirements

    In carrying out section 45102 of this title, the Administrator of 
the Federal Aviation Administration shall develop requirements that--
        (1) promote, to the maximum extent practicable, individual 
    privacy in the collection of specimens;
        (2) for 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 
    amendments to those guidelines, including mandatory guidelines 
    establishing--
            (A) comprehensive standards for every aspect of laboratory 
        controlled substances testing and laboratory procedures to be 
        applied in carrying out this chapter, including standards 
        requiring the use of the best available technology to ensure the 
        complete reliability and accuracy of controlled substances tests 
        and strict procedures governing the chain of custody of 
        specimens collected for controlled substances testing;
            (B) the minimum list of controlled substances for which 
        individuals may be tested; and
            (C) 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 chapter;

        (3) require that a laboratory involved in controlled substances 
    testing under this chapter have the capability and facility, at the 
    laboratory, of performing screening and confirmation tests;
        (4) provide that all tests indicating the use of alcohol or a 
    controlled substance in violation of law or a United States 
    Government regulation be confirmed by a scientifically recognized 
    method of testing capable of providing quantitative information 
    about alcohol or a controlled substance;
        (5) provide that each specimen be subdivided, secured, and 
    labeled in the presence of the tested individual and that a part of 
    the specimen be retained in a secure manner to prevent the 
    possibility of tampering, so that if the individual's confirmation 
    test results are positive the individual has an opportunity to have 
    the retained part tested by a 2d confirmation test done 
    independently at another certified laboratory if the individual 
    requests the 2d confirmation test not later than 3 days after being 
    advised of the results of the first 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 that may be 
    necessary and in consultation with the Secretary of Health and Human 
    Services;
        (7) provide for the confidentiality of test results and medical 
    information (except information about alcohol or a controlled 
    substance) of employees, except that this clause does not prevent 
    the use of test results for the orderly imposition of appropriate 
    sanctions under this chapter; and
        (8) ensure that employees are selected for tests by 
    nondiscriminatory and impartial methods, so that no employee is 
    harassed by being treated differently from other employees in 
    similar circumstances.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1222.)

                                          Historical and Revision Notes
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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---------------------------------
45104.................................  49 App.:1434(d).                 Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  614(d); added Oct. 28,
                                                                          1991,
 Pub. L. 102-143, Sec.  3(a), 105
                                                                          Stat.
 955.
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---------------------------------

    In this section, the word ``samples'' is omitted as surplus.
    In clause (2), before subclause (A), the word ``subsequent'' is 
omitted as surplus.
    In clause (3), the words ``of any individual'' are omitted as 
surplus.
    In clause (4), the words ``by any individual'' are omitted as 
surplus.
    In clause (5), the word ``tested'' is substituted for ``assayed'' 
for consistency. The words ``2d confirmation test'' are substituted for 
``independent test'' for clarity and consistency.
    In clause (6), the word ``Secretary'' is substituted for 
``Department'' for consistency in the revised title and with other 
titles of the United States Code.
