,i #aadth ,,congress #b;d ,session ,h4 ,r4 #edcg ,,in ,,the ,,house ,,of ,,representatives ,june #i1 #bjaf ,mrs4 ,noem introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committee on ,energy and ,commerce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to implement a mandatory random drug testing program for certain employees of the ,indian ,health ,service1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,drug-,free ,indian ,health ,service ,act of #bjaf4 #b4 ,mandatory ,random ,drug ,testing of ,certain ,employees of ,indian ,health ,service 7a7 ,regulations 7#a7 ,in ,general ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary shall promulgate such regulations as are necessary to implement a mandatory random drug testing program for covered employees of the ,indian ,health ,service4 ,except as otherwise provided for in this section1 the ,secretary shall promulgate such regulations in accordance with the-- 7,a7 guidelines promulgated on ,november #be1 #bjjh1 titled ,mandatory ,guidelines for ,federal ,workplace ,drug ,testing 7#gc ,fed4 ,reg4 #gaheh72 and 7,b7 regulations promulgated under section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif 7#db ,u4,s4,c4 #acbj;d-#b note74 7#b7 ,testing of ,certain ,drugs ,in carrying out the program required under paragraph 7#a71 the ,secretary shall ensure that each covered employee is tested not less than once per year for each of the following drugs3 7,a7 ,marijuana4 7,b7 ,cocaine4 7,c7 ,opiates4 7,d7 ,amphetamines4 7,e7 ,methamphetamine4 7,f7 ,phencyclidine4 7b7 ,notice of ,mandatory ,random ,drug ,testing ,program ,not less than #ij days before implementing the program required under subsection 7a71 the ,secretary shall provide written notice to all covered employees that-- 7#a7 a mandatory random drug testing program will be implemented2 and 7#b7 covered employees will have the opportunity1 and reasonable time1 to submit medical documentation of lawful use of a drug listed under subsection 7a77#b74 7c7 ,notification of ,selection ,the ,secretary shall-- 7#a7 notify a covered employee selected for random drug testing under this section on the same day1 but prior to1 such testing2 and 7#b7 include in the notification an assurance that the covered employee was selected randomly and is under no suspicion of illegal drug use4 7d7 ,deferral of ,testing ,a covered employee selected for random drug testing under this section may obtain a deferral of testing if the covered employee is-- 7#a7 in a leave status2 or 7#b7 in official travel status away from the test site or will embark on official travel that was scheduled prior to the notification of selection under subsection 7c74 7e7 ,finding of ,illegal ,drug ,use and ,disciplinary ,consequences 7#a7 ,finding of ,illegal ,drug ,use ,the ,secretary may determine that a covered employee has engaged in illegal drug use based on any of the following3 7,a7 ,a verified positive test result from a specimen submitted by the covered employee4 7,b7 ,direct observation by a higher-level supervisor1 including observed illegal drug use and the unlawful possession of a drug listed under subsection 7a77#b74 7,c7 ,evidence obtained from an arrest or criminal conviction of the covered employee4 7,d7 ,the voluntary admission of the covered employee4 7#b7 ,mandatory ,administrative ,action 7,a7 ,in ,general ,if a covered employee is found to have engaged in illegal drug use under paragraph 7#a71 the ,secretary shall-- 7i7 prohibit the covered employee from performing any activity related to providing health care or administrative services to patients2 and 7ii7 refer such employee to the ,employee ,assistance ,program of the ,department of ,health and ,human ,services4 7,b7 ,return to ,duty ,at the discretion of the ,secretary1 a covered employee may return to performing activities related to providing health care or administrative services to patients after obtaining counseling or rehabilitation through the ,employee ,assistance ,program4 7#c7 ,adverse ,actions 7,a7 ,in ,general ,subject to subsection 7g71 in addition to carrying out the required actions under paragraph 7#b71 the ,secretary may initiate an adverse action1 including removal1 against a covered employee who is found to have engaged in illegal drug use under paragraph 7#a74 7,b7 ,voluntary ,admission ,exception ,the ,secretary may not initiate an adverse action under subparagraph 7,a7 against a covered employee who-- 7i7 voluntarily admits to illegal drug use2 7ii7 ceases such illegal drug use2 and 7iii7 obtains counseling or rehabilitation through the ,employee ,assistance ,program4 7f7 ,refusal ,to ,submit to ,random ,drug ,testing and ,disciplinary ,consequences ,if a covered employee refuses to submit to random drug testing under this section when so required1 the ,secretary-- 7#a7 shall prohibit the covered employee from performing any activity related to providing health care or administrative services to patients2 and 7#b7 subject to subsection 7g71 may initiate an adverse action1 including removal1 against such employee4 7g7 ,due ,process ,in carrying out an adverse action under this section against a covered employee1 the ,secretary shall provide the covered employee with notice and an opportunity to respond4 7h7 ,appeals ,a covered employee subject to an administrative or adverse action under this section may appeal such action to the ,merit ,systems ,protection ,board under section #ggja of title #e1 ,united ,states ,code4 7i7 ,no ,additional ,funds ,no additional funds are authorized to be appropriated for the purpose of carrying out this section4 ,this section shall be carried out using amounts otherwise available for such purpose4 7j7 ,definitions ,for purposes of this section3 7#a7 ,covered ,employee ,the term covered employee-- 7,a7 means an individual who-- 7i7 is employed in a part-time or full-time position at a health care facility of the ,indian ,health ,service 7excluding tribal contract or compact health centers and urban ,indian health centers72 and 7ii7 provides health care or administrative services to patients at such health care facility2 and 7,b7 does not include officers of the ,commissioned ,corps of the ,united ,states ,public ,health ,service4 7#b7 ,employee ,assistance ,program ,the term ,employee ,assistance ,program means the ,employee ,assistance ,program of the ,department of ,health and ,human ,services4 7#c7 ,illegal ,drug ,use ,the term illegal drug use means the unlawful use of a drug listed under subsection 7a77#b7 by a covered employee4 7#d7 ,random ,drug ,testing ,the term random drug testing means drug testing that is imposed on a covered employee without individualized suspicion that such employee is engaging1 or has engaged1 in illegal drug use4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services1 acting through the ,director of the ,indian ,health ,service4 7#f7 ,specimen ,the term specimen means urine collected from a covered employee for the purpose of random drug testing under this section4