text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Drug-Free Indian Health Service Act 
  of 2016''.
  
  SEC. 2. MANDATORY RANDOM DRUG TESTING OF CERTAIN EMPLOYEES OF INDIAN 
                HEALTH SERVICE.
  
      (a) Regulations.--
              (1) In general.--Not later than 90 days after the date of 
          the enactment of this Act, the Secretary shall promulgate such 
          regulations as are necessary to implement a mandatory random 
          drug testing program for covered employees of the Indian Health 
          Service. Except as otherwise provided for in this section, the 
          Secretary shall promulgate such regulations in accordance with 
          the--
                      (A) guidelines promulgated on November 25, 2008, 
                  titled ``Mandatory Guidelines for Federal Workplace 
                  Drug Testing'' (73 Fed. Reg. 71858); and
                      (B) regulations promulgated under section 264(c) of 
                  the Health Insurance Portability and Accountability Act 
                  of 1996 (42 U.S.C. 1320d-2 note).
              (2) Testing of certain drugs.--In carrying out the program 
          required under paragraph (1), the Secretary shall ensure that 
          each covered employee is tested not less than once per year for 
          each of the following drugs:
                      (A) Marijuana.
                      (B) Cocaine.
                      (C) Opiates.
                      (D) Amphetamines.
                      (E) Methamphetamine.
                      (F) Phencyclidine.
      (b) Notice of Mandatory Random Drug Testing Program.--Not less than 
  90 days before implementing the program required under subsection (a), 
  the Secretary shall provide written notice to all covered employees 
  that--
              (1) a mandatory random drug testing program will be 
          implemented; and
              (2) covered employees will have the opportunity, and 
          reasonable time, to submit medical documentation of lawful use 
          of a drug listed under subsection (a)(2).
      (c) Notification of Selection.--The Secretary shall--
              (1) notify a covered employee selected for random drug 
          testing under this section on the same day, but prior to, such 
          testing; and
              (2) include in the notification an assurance that the 
          covered employee was selected randomly and is under no 
          suspicion of illegal drug use.
      (d) 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--
              (1) in a leave status; or
              (2) 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 (c).
      (e) Finding of Illegal Drug Use and Disciplinary Consequences.--
              (1) Finding of illegal drug use.--The Secretary may 
          determine that a covered employee has engaged in illegal drug 
          use based on any of the following:
                      (A) A verified positive test result from a specimen 
                  submitted by the covered employee.
                      (B) Direct observation by a higher-level 
                  supervisor, including observed illegal drug use and the 
                  unlawful possession of a drug listed under subsection 
                  (a)(2).
                      (C) Evidence obtained from an arrest or criminal 
                  conviction of the covered employee.
                      (D) The voluntary admission of the covered 
                  employee.
              (2) Mandatory administrative action.--
                      (A) In general.--If a covered employee is found to 
                  have engaged in illegal drug use under paragraph (1), 
                  the Secretary shall--
                              (i) prohibit the covered employee from 
                          performing any activity related to providing 
                          health care or administrative services to 
                          patients; and
                              (ii) refer such employee to the Employee 
                          Assistance Program of the Department of Health 
                          and Human Services.
                      (B) Return to duty.--At the discretion of the 
                  Secretary, 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 Program.
              (3) Adverse actions.--
                      (A) In general.--Subject to subsection (g), in 
                  addition to carrying out the required actions under 
                  paragraph (2), the Secretary may initiate an adverse 
                  action, including removal, against a covered employee 
                  who is found to have engaged in illegal drug use under 
                  paragraph (1).
                      (B) Voluntary admission exception.--The Secretary 
                  may not initiate an adverse action under subparagraph 
                  (A) against a covered employee who--
                              (i) voluntarily admits to illegal drug use;
                              (ii) ceases such illegal drug use; and
                              (iii) obtains counseling or rehabilitation 
                          through the Employee Assistance Program.
      (f) 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 required, the Secretary--
              (1) shall prohibit the covered employee from performing any 
          activity related to providing health care or administrative 
          services to patients; and
              (2) subject to subsection (g), may initiate an adverse 
          action, including removal, against such employee.
      (g) Due Process.--In carrying out an adverse action under this 
  section against a covered employee, the Secretary shall provide the 
  covered employee with notice and an opportunity to respond.
      (h) 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 7701 of title 5, United States 
  Code.
      (i) No Additional Funds.--No additional funds are authorized to be 
  appropriated for the purpose of carrying out this section. This section 
  shall be carried out using amounts otherwise available for such 
  purpose.
      (j) Definitions.--For purposes of this section:
              (1) Covered employee.--The term ``covered employee''--
                      (A) means an individual who--
                              (i) is employed in a part-time or full-time 
                          position at a health care facility of the 
                          Indian Health Service (excluding tribal 
                          contract or compact health centers and urban 
                          Indian health centers); and
                              (ii) provides health care or administrative 
                          services to patients at such health care 
                          facility; and
                      (B) does not include officers of the Commissioned 
                  Corps of the United States Public Health Service.
              (2) Employee assistance program.--The term ``Employee 
          Assistance Program'' means the Employee Assistance Program of 
          the Department of Health and Human Services.
              (3) Illegal drug use.--The term ``illegal drug use'' means 
          the unlawful use of a drug listed under subsection (a)(2) by a 
          covered employee.
              (4) 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 
          engaging, or has engaged, in illegal drug use.
              (5) Secretary.--The term ``Secretary'' means the Secretary 
          of Health and Human Services, acting through the Director of 
          the Indian Health Service.
              (6) Specimen.--The term ``specimen'' means urine collected 
          from a covered employee for the purpose of random drug testing 
          under this section.
target: Drug-Free Indian Health Service Act of 2016 This bill requires the Department of Health and Human Services (HHS) to implement mandatory random drug testing for Indian Health Service (IHS) employees who provide health care or administrative services to patients at IHS health care facilities. Officers of the Commissioned Corps of the Public Health Service are exempt from this drug testing. Each employee must be tested at least once per year for specified drugs. HHS must notify employees of the implementation of this drug testing. Employees selected for drug testing must be notified of their selection on the same day as the testing. Employees found to have engaged in illegal drug use, through testing, direct observation, evidence from a conviction, or voluntary admission, are prohibited from providing services to patients and referred to the HHS Employee Assistance Program (EAP). At the discretion of HHS, an employee may return to duty after obtaining counseling or rehabilitation through the EAP. HHS may initiate an adverse action, including removal, against an employee engaged in illegal drug use unless the employee voluntarily admits to illegal drug use, ceases such activity, and obtains counseling or rehabilitation through the EAP. Employees who refuse to submit to drug testing are prohibited from providing services to patients and are subject to adverse action.
feat_title: Drug-Free Indian Health Service Act of 2016