H.Res.456 - Amending the Rules of the House of Representatives to provide for mandatory drug testing of Members, officers, and employees of the House of Representatives.105th Congress (1997-1998)
Summary: H.Res.456 — 105th Congress (1997-1998)
Introduced in House (06/04/1998)
Amends the Rules of the House of Representatives to add rule LII (Drug Testing) to require each Member, officer, and employee of the House to participate in a mandatory drug testing program. Conditions the employment of officers and employees by the House on participation in the program.
Requires: (1) the Clerk of the House to contract with a private, nongovernmental entity to carry out the drug testing program; and (2) random testing of each Member, officer, and employees on a neutral selection basis, and in an appropriate testing frequency and ratio (as defined by this rule), and in addition to any methods under the Mandatory Guidelines for Federal Workplace Drug Testing Programs, using urinalysis, hair testing, and other appropriate methods of testing for illegal use of controlled substances.
Requires confirmed positive results to be provided to the Member, officer, or employee involved or in the case of: (1) a Member, to the Committee on Standards of Official Conduct; (2) an employee of a Member, to the Member; (3) an employee of a committee, to the chair and ranking minority member of the committee; and (4) an officer or employee not described in paragraphs (3) or (4), to the Speaker, Majority Leader, Majority Whip, Minority Leader, and Minority Whip. Requires each final test result of Members to be included in a biennial report of the Clerk of the House and printed as a House document.
Subjects, at the request of the supervising Member of an officer or employee of the House, the individual to a drug test if: (1) evidence exists that supports a reasonable suspicion that the officer or employee may be engaging in or has engaged in the illegal use of controlled substances, or is otherwise in violation of a drug abuse prevention policy of the supervising Member; (2) such individual is participating in or has participated in a substance abuse treatment program under an employee assistance program or is otherwise receiving treatment or counseling for substance abuse; (3) such individual has been involved in an accident which may have involved human error and which caused or may have caused a fatality, an injury, or significant property damage in an estimated amount of at least $200; (4) the supervising Member proposes to promote the individual; or (5) the individual is returning to employment with the House after a period of absence of at least six months.
Requires the Committee to take appropriate action against any Member who refuses to provide a sample for testing under the program.
Prohibits an individual who is first given an offer of employment by the House on or after June 1, 1998, from being hired unless: (1) the individual executes a witnessed statement agreeing to participate in the random drug testing program if hired and agreeing to waive legal rights of challenge; (2) the individual provides a sample for the testing; and (3) the individual's sample does not produce a confirmed positive result.
Precludes an officer or employee from carrying out any duties with respect to the fields of national defense, foreign policy, intelligence, law enforcement, or any other field involving national security or public safety (as determined in accordance with regulations issued by the Committee on House Oversight) unless the individual participates in the drug testing program.
Amends rule XXXII (Of admission to the floor) to prohibit an officer or employee of the House from being entitled to admission to the Hall of the House or rooms leading thereto unless such individual participates in the drug testing program.
Amends rule I (Duties of the Speaker) to strike provisions requiring the Speaker to develop a system for drug testing in the House.