[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 135 Introduced in House (IH)]

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115th CONGRESS
  2d Session
H. CON. RES. 135

  Requiring Members of the House of Representatives and the Senate to 
                  participate in random drug testing.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 12, 2018

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 concurring),

SECTION 1. SHORT TITLE.

    This concurrent resolution may be cited as the ``Exposing 
Congressional Drug Abuse Act''.

SEC. 2. RANDOM DRUG TESTING OF MEMBERS OF THE HOUSE OF REPRESENTATIVES 
              AND THE SENATE.

    (a) In General.--Each Member of the House of Representatives and 
the Senate shall participate in accordance with this concurrent 
resolution in a program for testing for illegal use of controlled 
substances.
    (b) Features.--The program under this concurrent resolution shall 
include the following features:
            (1) Each Member of the House of Representatives and the 
        Senate shall be subject to a random drug test once per term of 
        such Member.
            (2) Each confirmed positive result under the program shall 
        be provided as follows:
                    (A) To the Member involved.
                    (B) In the case of a Member of the House of 
                Representatives, to the Committee on Ethics of the 
                House of Representatives for such review as may be 
                necessary under the Rules of the House of 
                Representatives.
                    (C) In the case of a Member of the Senate, to the 
                Select Committee on Ethics of the Senate for such 
                review as may be necessary under the Standing Rules of 
                the Senate.
            (3) The Committee on Ethics of the House of 
        Representatives, with respect to a Member of the House, and the 
        Select Committee on Ethics of the Senate, with respect to a 
        Member of the Senate, shall publicly disclose the identity of 
        each Member who refuses to participate in the program and take 
        other action against each such Member as appropriate.
            (4) Each Member of the House of Representatives and the 
        Senate shall reimburse the House of the Representatives or the 
        Senate for the cost of the random drug test of such Member 
        under the program.
    (c) The Committee on House Administration of the House of 
Representatives and the Committee on Rules and Administration of the 
Senate shall each issue such rules and regulations as may be necessary 
to carry out this concurrent resolution.
    (d) Definitions.--In this concurrent resolution, the following 
definitions shall apply:
            (1) The term ``confirmed positive result''--
                    (A) means a random drug test--
                            (i) which has initially tested as positive 
                        for the presence of an illegal controlled 
                        substance;
                            (ii) for which the initially positive test 
                        has been confirmed by a second test using a 
                        different chemical process than the process 
                        used for the initial test; and
                            (iii) which has been reviewed and certified 
                        as positive by a medical review officer with 
                        whom the House of Representatives or the Senate 
                        has entered into a contract to perform such 
                        reviews; and
                    (B) does not include a drug test which shows only 
                the presence of legal, over-the-counter drugs and drugs 
                that have been legally prescribed for the individual 
                involved.
            (2) The term ``controlled substance'' has the meaning given 
        the term in section 102 of the Controlled Substances Act (21 
        U.S.C. 802).
            (3) The term ``Member'', with respect to the House of 
        Representatives, includes a Delegate or Resident Commissioner 
        to the Congress.
            (4) The term ``random drug test'' means a test conducted 
        for the purpose of detecting the illegal use of a controlled 
        substance which is conducted--
                    (A) on a periodic basis;
                    (B) without advance notice; and
                    (C) without individualized suspicion.
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