Pubdate: Wed, 5 Aug 1998 Source: Roll Call Online (Washington D.C.) Contact: Website: http://www.rollcall.com/ Author: Jim VandeHei been here a few days earlier. There is no date on the page with the article itself. BARTON ATTEMPTS TO FORCE DRUG TESTING VOTE Ticked off at Conference Chairman John Boehner (R-Ohio), Rep. Joe Barton (R-Texas) is circulating a petition designed to force Republicans leaders to schedule a vote by Friday afternoon that would institute mandatory, random drug testing for Members of Congress and their staff. At press time, Barton was scrambling to convince 50 GOP Members to sign a petition that would require the entire Republican Conference to meet today to discuss drug testing before a final vote would be set, presumably on Friday. However, several GOP leadership sources said a vote will not take place this week, if ever. Barton said he was forced to circulate the petition after Boehner refused to follow through on a promise made by Speaker Newt Gingrich (R-Ga) to hold a vote on drug testing before the August recess. "Boehner said, and I quote, 'it ain't gonna happen,'" Barton said late Wednesday. "I don't think the Conference chairman has the right to prevent something from coming to the floor." Boehner was not available for comment at press time. Barton said he is confident he will get enough signatures to demand that Members discuss the details of a testing bill that he hopes will land on the House floor tomorrow. Once the entire Conference debates the issues, Barton said, Gingrich has promised him a vote by Friday. Under Conference rules, any Member can demand an internal discussion of a given issue during a meeting of the entire House GOP if he or she can get 50 Members to sign a petition. However, the Conference rules do not guarantee that Barton can force a discussion of drug testing before the August break. One leadership source said numerous GOP Members are irritated with Barton for "trying to push a political issue at the expense of his colleagues." Barton, one of the GOP's leading proponents of drug testing, said leadership's decision to delay action would all but rule out any chances of mandatory, random screening of Members and their staff this Congress. "I don't want to mislead you: We need to have a vote this week so we can have some testing this Congress," Barton said, adding that the logistics of setting up a drug testing system would take too long to implement if a vote is taken after the August break. Under current rules, Members are allowed to use their operating budgets to test themselves and their staff for illegal drug use, but they are not required to do so. A debate in yesterday's closed-door GOP Conference meeting, however, exposed divisions inside the party over drug testing, prompting Gingrich and Majority Leader Dick Armey (R-Texas) to postpone a vote on the topic until September at the earliest. Armey spokeswoman Michele Davis said late Wednesday that the Republican Conference will meet in September to discuss the issue before a final vote is scheduled. But several GOP leadership sources said party leaders do not want a vote ever because scores of Members would be forced to vote for an idea they adamantly oppose. "Most of our guys hate the idea, but they will be forced to support it or risk being portrayed as afraid to submit themselves and their workers to the same tests many workers take," said one leadership source. "It's very much like the pay raise: Members are forced to vote against their better judgment to placate the voting public." Rules Chairman Gerald Solomon (R-NY), an ardent supporter of drug testing, started to mark up the bill yesterday in his committee before postponing action on it pending consultation with leaders from both sides of aisle. The Rules panel would have to reconvene today or tomorrow to finish the markup before the bill could be sent to the floor. While most Members don't want to publicly attack the idea of mandatory drug testing, Judiciary Chairman Henry Hyde (R-Ill) criticized the idea in an interview. "This is an implication that there is a problem here and you have to prove you're not a druggie," Hyde said. "It's intrusive. You need to urinate in front of someone to guarantee you didn't switch samples." Hyde added: "I will take the damn thing if I have to, but it should not be required." Hyde said many Members feel as he does, but conceded that "it is one of those things that people will have a problem voting against." In addition to Hyde's criticism, House Oversight Chairman Bill Thomas (R-Calif) has voiced concerns that the bill is unconstitutional and should be reworked before a vote is scheduled, according to GOP sources. Thomas said he will not take a position on the bill because, as chairman, his job is to provide information on drug testing to Members, not to advocate a new approach. But, based on information provided to Thomas by the House counsel and outside counsel, the drug testing mandate would be legally and practically unenforceable and, in some parts, unconstitutional, according to documents obtained by Roll Call. Barton said those problems can be worked out. "Thomas supports part of the bill, but he has some constitutional problems, but I am satisfied we can overcome the constitutional problems," he said. - --- Checked-by: Melodi Cornett