Heidi’s Law

I 116TH CONGRESS 1ST SESSION H. R. 2285 To require the Secretary of Health and Human Services to revise the Manda- tory Guidelines for Federal Workplace Drug Testing Programs to include testing for methadone use and to require the Secretary of Transportation to issue regulations to include testing for methadone use in Department of Transportation drug tests. IN THE HOUSE OF REPRESENTATIVES APRIL 10, 2019 Mr. SMITH of New Jersey introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Com- mittee on Transportation and Infrastructure, for a period to be subse- quently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the Secretary of Health and Human Services to revise the Mandatory Guidelines for Federal Work- place Drug Testing Programs to include testing for methadone use and to require the Secretary of Transpor- tation to issue regulations to include testing for metha- done use in Department of Transportation drug tests. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as ‘‘Heidi’s Law’’. 4 VerDate Sep 11 2014 20:39 Apr 26, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2285.IH H2285 khammond on DSKBBV9HB2PROD with BILLS 2 •HR 2285 IH SEC. 2. INCLUSION OF TESTING FOR METHADONE USE IN 1 CERTAIN DRUG TESTING PROCEDURES. 2 (a) REVISION OF MANDATORY GUIDELINES.—Not 3 later than 90 days after the date of enactment of this Act, 4 the Secretary of Health and Human Services shall revise 5 the Mandatory Guidelines for Federal Workplace Drug 6 Testing Programs, established pursuant to section 503(a) 7 of Public Law 100–71 (5 U.S.C. 7301 note), to expand 8 the opiate category on the list of substances authorized 9 for testing to include methadone. 10 (b) PUBLICATION OF NOTICE.—Upon completion of 11 the revision required under subsection (a), the Secretary 12 shall publish a final notice in the Federal Register of such 13 revision. 14 SEC. 3. INCLUSION OF METHADONE IN DEPARTMENT OF 15 TRANSPORTATION DRUG TESTS. 16 Not later than 60 days after the final notice required 17 under section 2(b) is published, the Secretary of Transpor- 18 tation shall issue such regulations as are necessary to up- 19 date any regulations containing procedures for transpor- 20 tation employee workplace drug and alcohol testing pro- 21 grams to include testing for methadone use in drug-testing 22 panels, consistent with the Mandatory Guidelines for Fed- 23 eral Workplace Drug Testing Programs as revised by the 24 Secretary of Health and Human Services under section 25 2. 26 VerDate Sep 11 2014 21:39 Apr 22, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2285.IH H2285 khammond on DSKBBV9HB2PROD with BILLS 3 •HR 2285 IH SEC. 4. TO COMPEL THE SECRETARY TO PERIODICALLY UP- 1 DATE THE MANDATORY GUIDELINES FOR 2 FEDERAL WORKPLACE DRUG TESTING. 3 (a) IN GENERAL.—On an annual basis, the Secretary 4 of Health and Human Services shall review and if nec- 5 essary revise the Mandatory Guidelines for Federal Work- 6 place Drug Testing Programs, established pursuant to 7 section 503(a) of Public Law 100–71 (5 U.S.C. 7301 8 note), to expand the list of substances authorized for test- 9 ing to include any such drugs which may not have been 10 previously included, and which the Secretary believes 11 should be included. 12 (b) PUBLICATION OF NOTICE.—Upon completion of 13 the revision required under subsection (a), the Secretary 14 shall publish a final notice in the Federal Register of such 15 revision. 16 SEC. 5. INCLUSION OF NEWLY ESTABLISHED DRUGS IN DE- 17 PARTMENT OF TRANSPORTATION DRUG 18 TESTS. 19 Not later than 60 days after the final notice required 20 under section 4(b) is published, the Secretary of Transpor- 21 tation shall issue such regulations as are necessary to up- 22 date any regulations containing procedures for transpor- 23 tation employee workplace drug and alcohol testing pro- 24 grams to include testing for newly identified substances 25 in drug-testing panels, consistent with the Mandatory 26 VerDate Sep 11 2014 20:39 Apr 26, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2285.IH H2285 khammond on DSKBBV9HB2PROD with BILLS 4 •HR 2285 IH Guidelines for Federal Workplace Drug Testing Programs 1 as revised by the Secretary of Health and Human Services 2 under section 4. 3 Æ VerDate Sep 11 2014 21:39 Apr 22, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H2285.IH H2285 khammond on DSKBBV9HB2PROD with BILLS