April 1, 2025
Ms. Sherrill introduced the following bill; which was referred to the Committee on Oversight and Government Reform
To require drug testing for special Government employees, and for other purposes.
Section 1. Short title
This Act may be cited at the Drug Testing for Special Government Employees Act
.
Sec. 2. Mandatory drug testing for special Government employees in sensitive positions
(a) In general
Before the first day of service as a special Government employee at an agency, the head of such agency shall require the individual proposed to be such an employee to undergo a drug test in accordance with the Mandatory Guidelines for Federal Workplace Drug Testing Programs.
(b) Mandatory random drug testing program
Not later than 90 days after the date of the enactment of this Act, the head of each agency shall require any special Government employee in a sensitive position at the agency on the date of the enactment of this Act to be entered into a random drug testing program in accordance with the Mandatory Guidelines for Federal Workplace Drug Testing Programs.
(c) Effect of failing drug tests
(1) Prospective special Government employees
Any individual who tests positive for a controlled substance pursuant to subsection (a) shall be ineligible for an appointment as a special Government employee for a period of not less than 12 months beginning on the date on which the head of the applicable agency determines that the test result was positive.
(2) Current special Government employees
Any individual who tests positive for a controlled substance pursuant to subsection (b) shall be removed from the civil service and shall be ineligible for appointment as a special Government employee for a period of not less than 12 months beginning on the date on which the head of the applicable agency determines that the test result was positive.
(d) Definitions
In this Act—
(1)
the term controlled substance
has the meaning given the term in section 101 of the Controlled Substances Act (21 U.S.C. 802);
(2)
the term agency
has the meaning given the term in section 551 of title 5, United States Code, and includes the Executive Office of the President and the Office of Management and Budget;
(3)
the term sensitive position
means any position who has been granted access to classified information, positions that could reasonably be expected to affect safety, security, National security, or functions other than the foregoing requiring a high degree of trust and confidence, and includes any individual performing in a position designated mission critical or performing mission critical duties; and
(4)
the term special Government employee
means a special Government employee as defined by section 202 of title 18, United States Code.