IV 

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. 

1 Resolved by the House of Representatives (the Senate 

2 concurring), 

3 SECTION 1. SHORT TITLE. 

4 This concurrent resolution may be cited as the ‘‘Ex5 posing Congressional Drug Abuse Act’’. 

6 SEC. 2. RANDOM DRUG TESTING OF MEMBERS OF THE 

7 HOUSE OF REPRESENTATIVES AND THE SEN8 ATE. 

9 (a) IN GENERAL.—Each Member of the House of 

10 Representatives and the Senate shall participate in accordVerDate Sep 11 2014 02:57 Sep 13, 2018 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\HC135.IH HC135

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1 ance with this concurrent resolution in a program for test2 ing for illegal use of controlled substances. 

3 (b) FEATURES.—The program under this concurrent 

4 resolution shall include the following features: 

5 (1) Each Member of the House of Representa6 tives and the Senate shall be subject to a random 

7 drug test once per term of such Member. 

8 (2) Each confirmed positive result under the 

9 program shall be provided as follows: 

10 (A) To the Member involved. 

11 (B) In the case of a Member of the House 

12 of Representatives, to the Committee on Ethics 

13 of the House of Representatives for such review 

14 as may be necessary under the Rules of the 

15 House of Representatives. 

16 (C) In the case of a Member of the Senate, 

17 to the Select Committee on Ethics of the Sen18 ate for such review as may be necessary under 

19 the Standing Rules of the Senate. 

20 (3) The Committee on Ethics of the House of 

21 Representatives, with respect to a Member of the 

22 House, and the Select Committee on Ethics of the 

23 Senate, with respect to a Member of the Senate, 

24 shall publicly disclose the identity of each Member 

25 who refuses to participate in the program and take 


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•HCON 135 IH 

1 other action against each such Member as appro2 priate. 

3 (4) Each Member of the House of Representa4 tives and the Senate shall reimburse the House of 

5 the Representatives or the Senate for the cost of the 

6 random drug test of such Member under the pro7 gram. 

8 (c) The Committee on House Administration of the 

9 House of Representatives and the Committee on Rules 

10 and Administration of the Senate shall each issue such 

11 rules and regulations as may be necessary to carry out 

12 this concurrent resolution. 

13 (d) DEFINITIONS.—In this concurrent resolution, the 

14 following definitions shall apply: 

15 (1) The term ‘‘confirmed positive result’’— 

16 (A) means a random drug test— 

17 (i) which has initially tested as posi18 tive for the presence of an illegal controlled 

19 substance; 

20 (ii) for which the initially positive test 

21 has been confirmed by a second test using 

22 a different chemical process than the proc23 ess used for the initial test; and 

24 (iii) which has been reviewed and cer25 tified as positive by a medical review offiVerDate Sep 11 2014 02:57 Sep 13, 2018 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\HC135.IH HC135

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1 cer with whom the House of Representa2 tives or the Senate has entered into a con3 tract to perform such reviews; and 

4 (B) does not include a drug test which 

5 shows only the presence of legal, over-the6 counter drugs and drugs that have been legally 

7 prescribed for the individual involved. 

8 (2) The term ‘‘controlled substance’’ has the 

9 meaning given the term in section 102 of the Con10 trolled Substances Act (21 U.S.C. 802). 

11 (3) The term ‘‘Member’’, with respect to the 

12 House of Representatives, includes a Delegate or 

13 Resident Commissioner to the Congress. 

14 (4) The term ‘‘random drug test’’ means a test 

15 conducted for the purpose of detecting the illegal use 

16 of a controlled substance which is conducted— 

17 (A) on a periodic basis; 

18 (B) without advance notice; and 

19 (C) without individualized suspicion. 

Æ 


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