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Title 46 — Shipping

Part E · Chapter 77 — Suspension and Revocation

§ 7706. Drug testing reporting

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 108–293 title IV § 414(a) · 118 Stat. 1028

    Enacted · 46 U.S.C. § 7706

    Added Pub. L. 108–293, title IV, § 414(a), Aug. 9, 2004, 118 Stat. 1046

    Source evidence

    Code source credit
    Added Pub. L. 108–293, title IV, § 414(a), Aug. 9, 2004, 118 Stat. 1046

    Enacted provision · exact public law section
    (a) In General.— Chapter 77 of title 46, United States Code, is amended by adding at the end: “§ 7706. Drug testing reporting “(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 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 of the Coast Guard 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 may be released under this section without the prior written consent of the employee.” .

  2. Howard Coble Coast Guard and Maritime Transportation Act of 2014

    Pub. L. 113–281 § 304(1) · 128 Stat. 3022

    Inserted · 46 U.S.C. § 7706(a)

    Pub. L. 113–281, § 304(1), inserted “an applicant for employment by a Federal agency,” after “Federal agency,”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 113–281, § 304(1), inserted “an applicant for employment by a Federal agency,” after “Federal agency,”.

    Enacted provision · exact public law section
    (1) in subsection (a), by inserting “an applicant for employment by a Federal agency,” after “Federal agency,”; and

  3. Howard Coble Coast Guard and Maritime Transportation Act of 2014

    Pub. L. 113–281 § 304(2) · 128 Stat. 3022

    1. Inserted · 46 U.S.C. § 7706(c)

      Pub. L. 113–281, § 304(2), inserted “or an applicant for employment by a Federal agency” after “an employee”

    2. Substituted · 46 U.S.C. § 7706(c)

      Pub. L. 113–281, § 304(2), substituted “the employee or the applicant” for “the employee”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (2) in subsection (c), by— (A) inserting “or an applicant for employment by a Federal agency” after “an employee”; and (B) striking “the employee.” and inserting “the employee or the applicant.”.

  4. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 div. C title XXXV § 3541(b)(13) · 132 Stat. 1636

    Struck · 46 U.S.C. § 7706(a)

    Pub. L. 115–232 struck out “of the Coast Guard” after “Commandant”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 115–232 struck out “of the Coast Guard” after “Commandant”.

    Enacted provision · exact public law section
    (13) Section 7706(a) of title 46, United States Code, is amended by striking “of the Coast Guard”.

5 of 5 references resolved to an enrolled provision

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.

Amendments2014–2018 · 2 rounds

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”.

Credits

2004–2018 · 3 acts
  1. 2004Added Pub. L. 108–293, title IV, § 414(a), , 118 Stat. 1046
  2. 2014amended Pub. L. 113–281, title III, § 304, , 128 Stat. 3043
  3. 2018Pub. L. 115–232, div. C, title XXXV, § 3541(b)(13), , 132 Stat. 2323.
Show as published

(Added Pub. L. 108–293, title IV, § 414(a), , 118 Stat. 1046; amended Pub. L. 113–281, title III, § 304, , 128 Stat. 3043; Pub. L. 115–232, div. C, title XXXV, § 3541(b)(13), , 132 Stat. 2323.)

Parsed from the official OLRC USLM XML in data/usc_all/usc46.xml · release point 119-108 · OLRC build 2026-03-26

USLM identifier /us/usc/t46/s7706