HR2578-119

What This Bill Does

The Drug Testing for Special Government Employees Act imposes a drug-testing rule on special Government employees in sensitive positions. Before a proposed special Government employee begins service at an agency, the agency head must require a drug test under the Mandatory Guidelines for Federal Workplace Drug Testing Programs. Within 90 days of enactment, each agency head must enter every current special Government employee in a sensitive position into a random drug testing program under the same guidelines. A positive pre-service test makes the individual ineligible for appointment as a special Government employee for at least 12 months. A positive random test for a current special Government employee requires removal from the civil service and at least 12 months of appointment ineligibility. The bill defines agency to include the Executive Office of the President and Office of Management and Budget, and defines sensitive positions to include classified access, safety, security, national security, high-trust functions, mission-critical positions, and mission-critical duties.

Who Benefits and How

Federal agencies benefit from a clearer drug-screening requirement for special Government employees who have classified access, security duties, or mission-critical responsibilities. National security offices benefit because special Government employees in sensitive positions are placed into random testing programs within 90 days. Members of the public benefit indirectly if sensitive federal functions are staffed by people who pass mandatory drug testing. Agency security managers benefit from a statutory basis for appointment ineligibility and civil-service removal after positive tests.

Who Bears the Burden and How

Proposed special Government employees must pass a drug test before their first day of service at an agency. Current special Government employees in sensitive positions must enter random drug testing programs within 90 days. Agency heads must implement testing, determine positive results, remove current employees after positive tests, and enforce 12-month appointment bans. Individuals testing positive lose appointment eligibility for at least 12 months and current employees are removed from the civil service.

Key Provisions

• Requires pre-service drug testing for proposed special Government employees at agencies.
• Requires random drug testing within 90 days for current special Government employees in sensitive positions.
• Bars appointment for at least 12 months after a positive pre-service test.
• Requires civil-service removal and at least 12 months of appointment ineligibility after a positive random test.