•HRES 503 IH
‘‘(4) In the case of an employee of a com-
mittee, to the Chair and ranking minority mem-
ber of the committee involved.
‘‘(5) In the case of an officer or employee
not described in subparagraph (3) or (4), to the
Speaker, Majority Leader, Majority Whip, Mi-
nority Leader, and Minority Whip.
‘‘(f) The final results of each test of Members
shall be included in a biennial report of the Clerk of
the House of Representatives and printed as a
House document in October of each even-numbered
year.
‘‘4. (a) At the request of the supervising Member of
an officer or employee of the House of Representatives,
such officer or employee of the House shall be subject to
a drug test under any of the following conditions:
‘‘(1) Evidence exists that supports a reasonable
suspicion that the officer or employee may be engag-
ing in or has engaged in the illegal use of controlled
substances, or is otherwise in violation of a policy of
the supervising Member regarding the illegal use of
controlled substances.
‘‘(2) The officer or employee is participating in
or has participated in a substance abuse treatment
program under an employee assistance program, or
•HRES 503 IH
is otherwise receiving treatment or counseling for
substance abuse.
‘‘(3) The officer or employee has been involved
in an incident which may have involved human error
and which caused or may have caused a fatality, an
injury, or significant property damage in an esti-
mated amount of not less than $200.
‘‘(4) The supervising Member proposes to pro-
mote the officer or employee.
‘‘(5) The officer or employee is returning to em-
ployment with the House of Representatives after a
period of absence of not less than 6 months.
‘‘(b) In paragraph (a), the term ‘supervising Member’
means—
‘‘(1) in the case of an employee of a Member,
the Member involved;
‘‘(2) in the case of an employee of a committee,
the chair of the committee involved (or, in the case
of an employee designated as a member of the com-
mittee minority staff, the ranking minority member
of the committee involved); and
‘‘(3) in the case of an officer or employee not
described in subparagraph (1) or (2), the Speaker of
the House of Representatives.
•HRES 503 IH
‘‘5. The Committee on Standards of Official Conduct
shall publicly disclose the identity of any Member of the
House of Representatives who refuses to provide a sample
for testing under the program, and shall take such other
action as it considers appropriate against such a Member.
‘‘6. (a) No individual who is an officer or employee
of the House of Representatives as of August 1, 1998,
may continue serving as an officer or employee of the
House after the expiration of the 180-day period which
begins on the date of the adoption of this resolution unless
during such period the individual executes a witnessed
statement agreeing to participate in random employee
drug testing pursuant to this rule.
‘‘(b) No individual who is first given an offer of em-
ployment by the House of Representatives on or after Au-
gust 1, 1998, may be hired as an officer or employee of
the House unless—
‘‘(1) the individual executes a witnessed state-
ment agreeing to participate in random employee
drug testing pursuant to this rule if hired;
‘‘(2) the individual provides a sample for drug
testing pursuant to this rule; and
‘‘(3) the individual’s sample does not produce a
confirmed positive result.
•HRES 503 IH
‘‘7. The Committee on House Oversight shall issue
such regulations as may be necessary to fully implement
the purposes of this rule.
‘‘8. No officer or employee may carry out any duties
with respect to the fields of national defense, foreign pol-
icy, intelligence, law enforcement, or any other field involv-
ing national security or public safety (as determined in
accordance with regulations issued by the Committee on
House Oversight) unless the officer or employee partici-
pates in the drug testing program established pursuant
to this rule.
‘‘9. In this rule, the following definitions shall apply:
‘‘(a) The term ‘appropriate testing frequency
and ratio’ means a frequency and ratio of random
drug tests such that—
‘‘(1) the total number of random drug
tests administered in any calendar year with re-
spect to each pool described in clause 3(c) shall
be equal to 25 percent of the number of individ-
uals in the pool;
‘‘(2) random drug tests shall be conducted
on not less than 4 and not more than 6 occa-
sions during any calendar year; and
‘‘(3) any individual who is selected for a
random drug test during a calendar year shall
•HRES 503 IH
be placed in a pool for further random drug
testing with a selection frequency rate of 50
percent of the rate applicable to individuals who
have not been selected for a test during the
year and shall remain in this pool for the re-
mainder of the calendar year without regard of
the number of times that such an individual is
selected for a test during the calendar year.
‘‘(b) The term ‘confirmed positive result’ means
a drug screen—
‘‘(1) which has initially tested as positive
for the presence of an illegal controlled sub-
stance;
‘‘(2) for which the initially positive test has
been confirmed by a second test using a dif-
ferent chemical process than the process used
for the initial test; and
‘‘(3) which has been reviewed and certified
as positive by a medical review officer with
whom the House of Representatives has entered
into a contract to perform such reviews,
except that such term shall not include a drug
screen which shows the presence of only a legal over-
the-counter drug or drug which has been legally pre-
scribed for the individual involved.
•HRES 503 IH
‘‘(c) The term ‘controlled substance’ has the
meaning given that term in section 102 of the Con-
trolled Substances Act (21 U.S.C. 802).
‘‘(d) A ‘Member’ of the House of Representa-
tives includes a Delegate or Resident Commissioner
to the Congress.
‘‘(e) The term ‘neutral selection basis’ means a
method under which individuals are selected for ran-
dom drug testing through a neutral, computer-based
random number generation program that ensures
that every individual in a pool described in clause
3(c) has the same chance of being selected for an
initial random drug test as every other individual in
that pool.
‘‘(f) The term ‘random drug test’ means a test
conducted for the purpose of detecting the illegal use
of a controlled substance which is conducted on a
periodic basis, without advance notice, and without
individualized suspicion.’’.
(b) PARTICIPATION IN PROGRAM AS CONDITION OF
ACCESS TO HOUSE CHAMBER.—Rule XXXII of the Rules
of the House of Representatives is amended by adding at
the end the following new clause:
‘‘6. No officer or employee of the House of Represent-
atives may be entitled to admission to the Hall of the
•HRES 503 IH
House or rooms leading thereto during a session of Con-
gress unless such individual participates in the program
established pursuant to rule LII for testing for the illegal
use of controlled substances.’’.
(c) CONFORMING AMENDMENT.—Rule I of the Rules
of the House of Representatives is amended by striking
clause 13.
(d) SEVERABILITY OF PROVISIONS.—If any provision
of rule LII of the Rules of the House of Representatives
(as added by subsection (a)) or clause 6 of rule XXXII
of the Rules of the House of Representatives (as added
by subsection (b)), or the application of such a provision
to any person or circumstance, is held to be unconstitu-
tional, the remainder of rule LII or clause 6 of rule XXXII
(as the case may be), and the application of the provision
to any person or circumstance, shall not be affected by
the holding, and the balance of such rules shall remain
in full force and effect.
Æ