Exposing Congressional Drug Abuse Act

IV 116TH CONGRESS 1ST SESSION H. CON. RES. 22 Requiring Members of the House of Representatives and the Senate to participate in random drug testing. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 27, 2019 Mr. HIGGINS of Louisiana submitted the following concurrent resolution; which was referred to the Committee on House Administration CONCURRENT RESOLUTION Requiring Members of the House of Representatives and the Senate to participate in random drug testing. Resolved by the House of Representatives (the Senate 1 concurring), 2 SECTION 1. SHORT TITLE. 3 This concurrent resolution may be cited as the ‘‘Ex- 4 posing Congressional Drug Abuse Act’’. 5 SEC. 2. RANDOM DRUG TESTING OF MEMBERS OF THE 6 HOUSE OF REPRESENTATIVES AND THE SEN- 7 ATE. 8 (a) IN GENERAL.—Each Member of the House of 9 Representatives and the Senate shall participate in accord- 10 VerDate Sep 11 2014 23:51 Feb 27, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\HC22.IH HC22 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HCON 22 IH ance with this concurrent resolution in a program for test- 1 ing for illegal use of controlled substances. 2 (b) FEATURES.—The program under this concurrent 3 resolution shall include the following features: 4 (1) Each Member of the House of Representa- 5 tives and the Senate shall be subject to a random 6 drug test once per term of such Member. 7 (2) Each confirmed positive result under the 8 program shall be provided as follows: 9 (A) To the Member involved. 10 (B) In the case of a Member of the House 11 of Representatives, to the Committee on Ethics 12 of the House of Representatives for such review 13 as may be necessary under the Rules of the 14 House of Representatives. 15 (C) In the case of a Member of the Senate, 16 to the Select Committee on Ethics of the Sen- 17 ate for such review as may be necessary under 18 the Standing Rules of the Senate. 19 (3) The Committee on Ethics of the House of 20 Representatives, with respect to a Member of the 21 House, and the Select Committee on Ethics of the 22 Senate, with respect to a Member of the Senate, 23 shall publicly disclose the identity of each Member 24 who refuses to participate in the program and take 25 VerDate Sep 11 2014 23:51 Feb 27, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\HC22.IH HC22 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HCON 22 IH other action against each such Member as appro- 1 priate. 2 (4) Each Member of the House of Representa- 3 tives and the Senate shall reimburse the House of 4 Representatives or the Senate for the cost of the 5 random drug test of such Member under the pro- 6 gram. 7 (c) REGULATIONS.—The Committee on House Ad- 8 ministration of the House of Representatives and the 9 Committee on Rules and Administration of the Senate 10 shall each issue such rules and regulations as may be nec- 11 essary to carry out this concurrent resolution. 12 (d) DEFINITIONS.—In this concurrent resolution, the 13 following definitions shall apply: 14 (1) The term ‘‘confirmed positive result’’— 15 (A) means a random drug test— 16 (i) which has initially tested as posi- 17 tive for the presence of an illegal controlled 18 substance; 19 (ii) for which the initially positive test 20 has been confirmed by a second test using 21 a different chemical process than the proc- 22 ess used for the initial test; and 23 (iii) which has been reviewed and cer- 24 tified as positive by a medical review offi- 25 VerDate Sep 11 2014 00:17 Feb 28, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\HC22.IH HC22 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HCON 22 IH cer with whom the House of Representa- 1 tives or the Senate has entered into a con- 2 tract to perform such reviews; and 3 (B) does not include a drug test which 4 shows only the presence of legal, over-the- 5 counter drugs and drugs that have been legally 6 prescribed for the individual involved. 7 (2) The term ‘‘controlled substance’’ has the 8 meaning given the term in section 102 of the Con- 9 trolled Substances Act (21 U.S.C. 802). 10 (3) The term ‘‘Member’’, with respect to the 11 House of Representatives, includes a Delegate or 12 Resident Commissioner to the Congress. 13 (4) The term ‘‘random drug test’’ means a test 14 conducted for the purpose of detecting the illegal use 15 of a controlled substance which is conducted— 16 (A) on a periodic basis; 17 (B) without advance notice; and 18 (C) without individualized suspicion. 19 Æ VerDate Sep 11 2014 23:51 Feb 27, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\HC22.IH HC22 pamtmann on DSKBFK8HB2PROD with BILLS