Attachment A - Authorizing Leg and Exec Order

Federal

Register

328~9

Attachment

Presidentral Documeqt.
Vol. 51. No. 1801
Wednesday, September 11,1986
Title 3- The President

Executive Order 12564 of September 15, 1986
Drug-Free Federa1 Workplace
I, RONALD REAGAN, President of the United States bf America, find that:
Drug use is having serious adverse effects upon a significant proportion of the
national work force and results in billions of dollars of lost productivity each year;

The Federal government, as an employer, is concerned with the well-being of its
employees, the successful accomplishment of agency missions, and the need to
maintain employee productivity;
The Federal government, as the largest employer in the Nation, can and should
show the way towards achieving drug-free workplaces through a program designed
to offer drug users a helping hand and, at the same time, demonstrating to drug
users and potential drug users that drugs will not be tolerated in the Federal
workplace;

The profits from illegal drugs provide the single grea~est source of inco'l1e for
organized crime, fuel violent street crime, and othe~ise contribute to tre
breakdown of our society;
!

A

The us~ of illegal dr~g~, on or of! duty, by Feder ~! ~~ployees is inCO
t
~jstent
only
with
the
law-a~ldlng
behavior
eX
ected of at CItizens, but also Ith the
special trust p.laced tn such employee as servan s of the public;
"cP

f

not

Federal employees who use illegal drugs, on or 0t f duty, tend to be IfSS
I

productive, less reliable, and prone to greater ab enteeism than their fellow
employees who do not use illegal drugs;
The use of illegal drugs, on or off duty, by Federall employees impairs the efficiency
of Federal departments and agencies, undermines public confidence in them, and
makes it more difficult for other empl~yees who do not use illegal d 9S to perform
their jobs effectively. The use of illeg~1 drugs, on ~ r off duty, by Fed ral.employees

~

also can pose a serious health
other Federal employees;

and sa~ety threat
i

t

members

of the

ubllc and to
"",I

The use of illegal drugs, on or off duty, by Federa1employees in certain positions
evidences less than the complete reliability, stability, and good judgment that is
consistent with access to sensitive information and creates the possibility of
coercion, influence, and irresponsible action under pressure that may pose a
serious risk to national security, the public safety, and the effective enforcement of
the law; and
Federal employees who use illegal drugs must themselves be primarily responsible
for changing their behavior and, if necessary, begin the process of rehabilitating
themselves.
By the authority vested in me as President by thd Constitution and laws of the
United States of America, including section 3301(2) of Title 5 of the United States
Code, section 7301 of Title 5 of the United States Code, section 290ee-1 of Title 42
of the United States Code, deeming such action in the best interests of national
security, public health and safety, lawl enforcement and the efficiency of the
Federal service, and in order to estabj~sh standar t s and procedures
to ensure
fairness

in

achieving

a drug-free

Federal

workpla

e and

to

protect

th~

privacy

of

Federal employees, it is hereby order~d as follow:
Section 1. Drug-Free Workplace.
(a) Federal employees are required tq refrain frory, the use of illegal drugs.
(b) The use of illegal drugs by Federal employeesl whether on duty or off duty, is
contrary to the efficiency of the service.

r

(c) Persons who use illegal drugs are hot suitablelfor

Federal employment.

Sec. 2. Agency Responsibilities.

~

(a) The head of each Executiveagenc~ shall dev op a plan for achieving the
objective of a drug-free workplace wi~h due consi eration of the righ~s of the
government, the employee, and the ~eneral publ c.
!

(b) Each agency plan shall include
(1) A statem~n~ of policy se~ti.ng fort~ Ithe agenCY'~.expe~~ations reg4rding drug
use and the actIon to be anticipated Ini response t~ Identified drug us~;
(2) Employee Assistance Programs emphasizing h~gh level direction, rducation,
counseling, referral to rehabilitation, and coordina~ion with available fommunity
resources;

j!

(3) Supervisory training to assist in identifying
agency employees;

an~ addressing illegalldrug
J
i

(4) Provision for self-referrals

referrals to trea~ment with
co sistent with safety end security

maximum
respect
issues; and

use by

as well as supervis f

for individual

confidentiality

(5) Provision for identifying illegal drug users, including testing on a controlled and
carefully monitored basis in accordance with this Order.
Sec. 3. Drug Testing Programs.

(a) The head of ec3chExecutive agency shall establish a program to test for the use
of illegal drugs by employees in sensitive positions. The extent to which such
employees are tested and the criteria for such testing shall be determined by the
head of each agency, based upon the nature of the agency's mission and its
employees' duties, the efficient use of agency resources, and the danperto the
public health and safety or national security that cbuld result from th~ failure of an
employee adequately to discharge his or her positiion.
",1
(b) The head of each Executive agency shall estab~ish a program for toJuntary
employee drug testing.
j
I

1

(c) In addition to the te~ting author!zed in s~bsec ons (a) and (b) of this.section,
the head of each Executive agency IS authorized t test an employee ~or Illegal
drug use under the following circumstances:"<
I
(1) When there

is a reasonable

suspicion

(2) I~ an examination authorized
practice;

that any lemployee

by the agency r1

or

ga1ding

an Employee

an

acciden~

drugs;
or

unsafe

.I

(3) As part of or as a follow-up to counseling or re~ abilitation
through

uses illegal

Assistance

Program.

~d) The head of each Executive agenc~ is authoriz
111egaldrug use.

"

for illegal

drug

I

td to test. any appliFant
!

for

use

Sec. 4. Drug Testing Procedures.

(a) Sixty days prior to the implement~ion of a dr1
this

Order,

agencies

shall

notify

empl9yees

that

t

g
sting

testing

program
for

use

of

pursuant
illegal

drugs

to
is

to

be conducted and that they may seek counseling nd rehabilitation and inform
them of the procedures for obtaining Such assistance through the agency's
Employee Assistance Program. Agency drug testing programs already ongoing are
exempted from the GO-daynotice requirement. Agencies may take action under
section 3(c) of this Order without reference to the GO-daynotice period.
(b) Before conducting a drug test, the !agency shall inform the employee to be
tested of the opportunity to submit m~dical docu1entation that may ,support a
legitimate use for a specific drug.
j.
(c) Drug testing programs shall contain procedures for timely submission of
requests for retention of records and specimens; procedures for retesting; and
procedures, consistent with applicable law, to protect the confidentiality of test
results and related medical and rehabilitation records. Procedures for providing
urine specimens must allow individual privacy, unless the agency has reason to
believe that a particular individual may alter or substitute the specimen to be
provided.
t,
Cd)The Secretary of Health and Human Services is authorized to promulgate
scientific and technical guidelines for drug testing programs, and agencies shall
conduct their drug testing programs in accordance with these guidelines once
promulgated.
Sec. 5. Personnel Actions.
(a) Agencies shall, in addition to any appropriate personnel actions, refer any
employee who is found to use illegal drugs to an Employee AssistancE!!Program for
assessment, counseling, and referral for treatment or rehabilitation as appropriate.
(b) Agencies shall initiate action to disripline any employee who is foynd to use
illegal drugs, provided that such action is not required for an employee who:
(1) Voluntarily identifies himself as a user of illegal drugs or who volunteers for
drug testing pursuant to section 3(b) of this Order, prior to being identified
through other means;
I

(2) Obtains

counseling

or rehabilitation

through

an Employee

Assista[;tce

Program:

and
(3) Thereafter

refrains from using illegal drugs.

(c) Agencies shall not allow any employee to remain on duty in a sensitive position
who is found to use illegal drugs, prior!to successful completion
of reljlabilitation
through an Employee Assistance Progr~m. Howev~r, as part of a rehabilitation
or

f

counseling program, the head of an E

r

cutiveage cy may, in his or1

er discretion
rm.ined that
atlonal

all.ow a~ emp,loyee to return to duty in a se~sitive
osition if it is det
thIs action w<)uld not pose a danger to public heal h or safety or the
security.

"!

Cd)Agencies shall initiate action to re~ove from ti
found

to use

iHegal

drugs

e service
,

and:

any

employee
i

who

is

(1) Refuses to obtain counseling or rehabilitation through an Employ~e Assistance
Program;

or

J

(2} Does not thereafter

refrain from u~ng illegal. drugs,

(e) The results of a drug test and information devdloped by the agency in the
course of the drug testing of the employee may belconsidered in processing any
adverse action against the employee or for other administrative purposes.
Preliminary test results may not be used in an administrative proceediing unless
they are confirmed by a second analysis of the same sample or unless the
employee confirms the accuracy of the initial test ijy admitting the use of illegal
drugs.

j

(f) The determination of an agency that an employee uses illegal drugs can be
made on the basis of any appropriate evidence, including direct observation, a
criminal conviction, administrative inquiry, or the results of an authorized testing
program. Positive drug test results may be rebutte~ by other evidence that an
employee has not used illegal drugs.
l
(g)
removal

Any

otherwise

action
from

to
the

applicable

disci~line.
service,

If

an

procedures,

empl~yee
approprlatb)

who
shall

inclu~ing

(h) Drug testing shall not be conducte 1
gathering

evidence

for

use

in

criminal

is

the

pursuant

be

USi

t r

Civi

ken
g

ill~gal

In

compliance
drug.s

Service

t

roceedings

report to the Attorney General for inve tigation or
allegation, or evidence relating to viola ions of Titl
received as a result of the operation of drug testin
to this Order.
i

this

(inclu?ing

Reform

Order

Agencies

Act.

for
are

with

the
not

purpose
required

of
to

rosecution any information,
21 of the United States Code
programs established pursuant

Sec. 6. Coordination of Agency Progra~s.
(a) The Director of the Office of Personnel Managefnent shall:
(1) Issue government-wide
terms of this Order;

guidance to agencies qn the implementation
I
I

of the

(2) Ens~re th~~ appropriate coverage fpr drugabu~e is main~ained fot employees
and their fam!tltes under the Federal E~ployees He~[th Benefits Progr~m;

(3) Develop a model Emp1oyee Assista~ce Progran1for Federal agencibs and assist
the agencies in putting programs in pl~ce;
ci
J
~4) In cons~lt.ation with the Secretary ctJfHeal~h an ~
Improve

training

programs

for

Federal/>upervlsors

and

Human
nd

servicesJdeveloP

managers

on

and

use:

1~legal

drug

I,

(5) In cooperation with the Secretary of Health and Human Services dnd heads of
Executive agencies, mount an intensive drug awar4ness campaign thrpughout the
Federal

work

force.

(b) The Attorney General shall render
this Order and shall be consulted with
policies proposed to be adopted pursu

l

.1!

' gal advice
l egarding the impl~mentation
egard to all guidelines,
regulat,ons,
and
nt to this 0 der.
i

of

I

(c) Nothing in this Order shall be deemed to limit the authorities of th~ Director of
Central Intelligence under the National Security Act of 1947, as amended, or the
statutory authorities of the National Security AgenGYor the Defense Intelligence
Agency. Implementation of this Order within the Intelligence Community, as
defined in Executive Order No. 12333, shall be subject to the approval of the head
of the affected agency.
Sec. 7. Definitions.
(a) This Order applies

to all agencies

of the Executive

Branch.

~1agency, as
(b) For purposes of this Order, the term "agency" means an ExecutiV
defined in 5 U.S.C. 105; the Uniformed Services, a$ defined in 5 U.S. .210.1 (3)
(but excluding the armed forces as defined by 5 U.S.C. 2101(2)); or nyother
employing ~nit or authority of the Fed.~r~1govern ent, ~xcept. the Un ted ~t.ate~
Postal Service, the Postal Rate Comml~lon, and e ploYlng units or al)Jthorltles In
the Judicial and Legislative Branches. !
I
""'"

1

(c) For purposes
Order, the
drulgs"
means 802(6)
a contr0~lled
substance
includedof this
in Schedule
I orternfl
II, as"illegal
defined
by section
Title 21 of
the United States Code, the possession of which is unlawful under chapter 13 of
that Title. The term "il1egal drugs" does not mean dhe use of a control ed substance
pursuant to a valid prescription or other uses authorized by law.
I
Cd) For purposes
to:

of this Order,

the term "employe~

in a sensitive

posifion"

refers

I!

~

~

(1) An employee inora Noncritical-s~nsit
position that an agency
head designates
Critical-Sensitive,
e ~~derChapter
731 ofspecia
the F d~ral
Sensitive,
Pers~~nel. Manual or an e~ployee I~ a osItion tha~ an agency head d stgnates as
sensitive In accordance wIth Executive! rder No. lp450, as amended;1
(2) An employee who has been grante~ access to qlassified informatiqn

or may be

granted access to classified informatior pursuant~o a determination ~f
trustworthiness by an agency head un~er Section r of Executive Ord~r No. 12356
(3) Individuals

serving under Presidential appoint~ents;

(4) Law enforcement officers as definekJin 5 u.S.q. 8331(20); and

*

f

(5) Other positions that the agency he ! d determi
s involve law enforcement,
national se~urity, th~ .protec~ion of life and prope y, pu~lic health or safety, or
other functions requIring a high degre of trust an confIdence.
,
(e} For purposes of this Order, the ter m "emPIOYe ~" means all personls appointed
~n the Civil ServicE~ as described i~ 5 U S.C. 2105 but exc1uding pers4ns appointed
In the armed services as defined In 5.S.C.
2.102(2)).
i

(f) For purposes of this Order, the term IIEmPIOYe
~

agency-based

c°.unseling

programs

that

°f!er

Assistance

asse

Program"

sment,

short-term

means

counseling,

and referral services to employees for a wide rang of drug, alcohol, and mental
health programs that affect employee job perform~nce. Employee Assistance
Programs are responsible for referring drug-using ~mployees for rehabilitation and
for monitoring employees' progress while in treatnpent.
Sec. 8. Effective Date. This Order is effective immediately

Ronald Reagan
THE WHITE HOUSE,
September 15, 1986
[FR Dbc. 86-211.
FilSd 9-15-86: j :47 pm]
Bi4ing code 31 5-01-M

Editorial note: For
September

15

Weekly

s

~ he

gning

preSiden

f

EO

1

'S

564,

remarks

of

see

the

Compilation ,of Presiden ial Documents
(vol. ~2, no. 38).

Previous

lQME SEARtH

on

ts

~~

CQ~N.IACI ACCeSSI BI LII:1t PRJY8C_Y CSAP S8MtiS8

nTLE
1

APPENDIX

B

101 STAT. 468

?UBLICLAW

100-7

-July 11,1987

vGENERAL
PROVISIONS

Drugs and~drug
Sec. 501. No part of any appropriation contained in,this
abuse.
Act shall remain available for obligation beyond
Government Ithe ~urrent fiscal year unless exprestly so provided
organization herein.
and
Sec. 502. Except where specifically Increased or:decreased
elsewhere in this Act, the restrictions
employees.
5 USC 7301 contained within appropriations, or provisions affecting
note. 3 CFR, appropriations or other funds, available during fiscal
1986,Comp., year 1987, limiting the amount which may be
p.i224.expended for personal services, or for purposes!involving
personal services, or amounts which may befransferred
between appropriations or authorizations,available
for or involving such services, are hereby
increased to the extent necessary to meet increased
pay costs authorized by or pursuant to law.
Sec. 503. (a)(l) Except as provided in subsection (b)
or (c), 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 ExecutiveiOrder
Numbered 12564 (dated September 15, 1986),
or any subsequent order, unless and until-(A) the Secretary of Health and Human Services
certifies in writing to the Committees on
tppropriations of the House of Repre5entatives and
Ithe Senate, and other appropriate coimmittees of the
Conq!~s. thatl

3 CFR, 1986IComp.,
10.224.
I(i) each
agency has de
rug-free

workplace

~

in

loped

a

PI

~

ccordance

n

for

ith

achieving

a

Executive

:Order Numbered 12564 and applicable provisions of
law (including applicabl~ provisions of this section);
(ii) the Department of lI-Iealth and uman Services, in
addition to the scientifiq and techniqal guidelines dated:
February 13, 1987, and any subseq~ent amendments I
thereto, has, in accordance with paragraph (3),
I
oublished mandatory guidelines whichII
(1;1establish comprehensive standards for all aspects I
of laboratory drug testing and laboratory procedures
I
(0 be applied in carrying out Executive Orderr
I

umbered
the

use

12564,
of the

best

including
available

standards
technology

which

require

for

enduring

he full reliability and accuracy of drug tests and strictlorocedures
governing the chain of custody ofspecimens
collected for drug testing;
(II) specify the drugs for which Federal employees,may
be tested; andI
(1lI) establish appropriate standards and procedures,for
periodic review of laboratories and criteria for
certification and revocation of certification of
iaboratories to perform drug testing in carrying out
txecutive Order Numbered 12564; and(iii;1
all agency drug-testing programs and plansestablished
pursuant to Executive Order Numbered
12!564 comply with applicable provisions of law,including
applicable provisions of the Rehabilitation Act
of 1973 (29 U.S.C. 701 et seq.), title 5 of the UnitedStates
Code, and the mandatory guidelines underclause
(ii);
(B) the Secretary of Health and Human Services hassubmitted
to the Congress, in writing, a detailed,agency-by-agency
analysis relating 'to(i) the criteria and procedures to be applied indesignating
employees or positions for drug testing,including
the justification for such criteria andorocedures;
(ii) the position titles designated fo~ random drugtesting;
and
(iii) the nature, frequency, and type of drug testingIproposed
to be instituted; and
(C) the Director of the Office of Management and
Budget has submitted in writing to the Co~mittees on
ppropriations of the House of Representatives andthe
Senate a detailed, agency-by-agency analysis (as
f the time of certificati~n under s~bpara~raph (A~) of
he anticipated annual t sts associated with carrying
I

~

lout Executive
requirements

Order N~ ber~d 125~4 and all other
under thl , section during the 5-year~

Iperiod

beginning on thejdate
:Act. of the nactment of this
i
i (~) Notwith.standing sufJsection (g) for purposes ofthis
subsection, the terrf1 "agency"
eans(A) the Executive Office of the Pres dent;
(B) an Executive department unde section 101 oftitle
5, United States Code;
(C) the Environmental Protection A ency;
(D) the General Services Administr tion;
(E) the National Aeronautics and S aceAd
ministration;
(F) the Office of Personhel Manage ent;
(G) the Small Business Administrat on;
(H) the United States Information
gency; and
(I) the Veteran's Administration;
except that such term does not incl de the
Department of Transportation or an other entity (or
component ther~of) covered by sub$ection (b).
(3:t Notwithstanding any provision of chapter 5 of title FederalRegister,
J, lJnited States Code, the mandatorY guidelines to be
putllished pursuant to subsection
I
Dublication
(a)~:I)(A)(ii) shall be published and n/lade effective
USC 500
exclusively according to the provisions of this
et seq.
oaragraph. Notice of the mandatory guidelines
proposed by the Secretary of Health and Human
Services shall be published in the F deral Register,,andl
interested persons shall be give not less than 60(jays
to submit written comments 0 the proposed
mandatory guidelines. Following rev ew and
consideration of written comments, inal mandatoryIguidelines
shall be published in the ederal Register~
nd shall become effective upon pu lication.
(b)(l) Nothing in subsection (a) sh {I limit orotherwise
affect the availability of f nds for drug
!testing by-I
(A) the Department of Transportati n;I
(8) Department of Energy, for emp oyees specifically
I

I

[

Involved in the handling of nuclear eapons or nuclear
materials;
(C) any agency with an agency-wid drug-testing
program in existence as of Septemb r 15.1986; or
(D) any component of an agency if such component
nad a drug-testing program in exist nce as of
September 15, 1986.
(2) The Departments of Transporta ion and Energy
and any agency or component ther of with a drugt:esting program in exist~nce as of September 15,
1986-

i

(A) shall be brought in~ fu11compliance with

Classified

1

t:xecutive Order Numb~red 12564 0 later than the
end of the 6-month period beginning on the date ofIthe
enact~ent of this A~t. and
3 CFR, 1986Comp.,
I(B) shall take such actions as maY
p.224.
Iplans are brought into full complian e with the
!mandatory guidelines published un er subsection (a)
(1)(A)(ii) no later than 90 days aft r such mandatory
guidelines take effect, except that any judicial
challenge that affects such guidelines should not affect!
drug-testing programs or plans SUb
~

lensure

that

their

respective

e

drug-t

necessary

sting

~

ct

to~

programs

to

or

this

I

paragraph.

(c) In the case of an agency (or co ponent thereof)
other than an agency as defined by subsection (a)(2)
or an agency (or component thereo 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~
xecutive
rder,

Order
unless

Numbered

and

12564,

Or any

subsequent

until-

(1;1 the Secretary of Health and Human Services
orovides written certification with respect to that
agency (or component) in accordance with clauses (i)and
(iii) of subsection (a)(1)(A);I
(2) the Secretary of Health and Human Services has~ubmitted
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 Ma~agement and
l::3udgethas 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 t e subject ofa druG
test under any program or plan sha I, upon writtenrequest,
have access to(1) any records relating to such e pJoyee's drug test;;and,
[

(2) any records relating to the results of any relevantcertification,
review, or revocation-of-certification!oroceedings,
as referred to in subsection (a)(1)(A)(ii)l(lliL

Information.

I{e) The results of a drug test of a Federal employee
may not be disclosed without the prior written consent
f such employee, unless the disclosure would be(1) to the employee's medical review official (as
efined in the scientific and technic ~ 1 guidelines
referred

to

in

subsectio~

(2) to the administrator

(a)(I)(A)(ii

);

of any Em loyee Assistance

'Sec.
Vessels.

!program in which the el/!1ployeei~. c:iving counselinal;
or treatment or is othe~ise partici atlng;
(3) to any supervisory pr manage ent official within
the employee's agency having auth rity to take the
ladverse personnel actio~ against s ch employee; or
(4) pursuant to the order of a cou of competent
jurisdiction where required by the nited States
\.:Jovernmentto defend against any hallenge against
any a~verse per~nnel action.
(f)

Each

agency

12564

covered

shall

to

~ppropriations

ithe

of

Senate,

activities

submitted

at

the

to

(g)
find

United

For
"Employee

or

504.

None

a

report

the

under

the

1105(a)

each
terms

has

ion

of

"agency"

7(b)

s

the

in

appro

in

the

of

effect

riated

centralizat

on

Customs

Committees

ice

he

of

suc

Act

Air

Treasury

on

for

this

consolidation,

Se

of

detaifs

~Y4nce

by

on,

S~cretary

specific

days

f

sec

funds

the

the

to

forth

budget

ction

12564,

for

of

sets

such

be

1986.

unless

submits

!ru_~~thirtv

ter~

of

redeployment

I

th
Program'

obligated

Operations

to

shall

nt's

s

section,

Numberted

15,

be

this

such

September

pursuant

eport

Presid

Comp., p.224.

the

Cpde.

of

Order

of

drug-testing

agenc

the

1986

and

to

under

States

given

Sec.

o~

3 CFR,

esentatives

annual

Assistan(:e

Executive

may

~uch

Congrjess

purposes

'meaning

Rep

Reports.

Numbered

on

ommittees

s:uch

time

the

Order

es

relating

by

Each

submission

31,

of

report

order.

e

mitt

appropriate

annual

conducted

executive

Com

Hquse

other

an

ExeC-Uti

t~e

the

and

Congress,

title

by

submit

Appropriations

e

_j~~~entation.

use

iwhich

of

such

I

505. None ofthefujnds approp Jaied or made
available by this or any other Act or otherwise
appropriated or made available to t e Secretary of
Transportation or the Maritime Adm nistrator for
Durposes of administerirlg the Merc ant Marine Act,
1936, as amended (46l).S.C. 1101 t seq.), shall be
used by the United States Departm nt of
Transportation or the United States aritime
Administration to propose, promulg te, or implement
lany rule or regulation, or, with rega d to vessels whichrepaid
subsidy pursuant to the rule romulgated by!the
Secretary May 3, 19$5 and vaca ed by Order ofthe
U.S. Court of Appeals for the D. .Circuit January I16,
1987, conduct any adjudicatory r other
regulatory proceeding, execute or p rform anycontract,
or participate in any judici I action with
respect to the repayment of constru tion differentjal
subsidy for the permanent release 0 vesse1sfrom the