H.Con.Res. 35

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 35 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. CON. RES. 35

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

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

June 5, 2025

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 Representatives or the 
Senate for the cost of the random drug test of such Member 
under the program.
(c) Regulations.--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:
(1) Confirmed positive result.--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) Controlled substance.--The term ``controlled 
substance'' has the meaning given the term in section 102 of 
the Controlled Substances Act (21 U.S.C. 802).
(3) Member.--The term ``Member'', with respect to the House 
of Representatives, includes a Delegate or Resident 
Commissioner to the Congress.
(4) Random drug test.--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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