This Act mandates pre-employment and random drug testing for temporary government workers in sensitive positions, with specific penalties for positive results.
Mikie Sherrill
Representative
NJ-11
This Act mandates pre-employment and random drug testing for individuals serving temporarily in sensitive positions within federal agencies, known as "special Government employees." Failure of a pre-employment test results in a 12-month bar from appointment, while a positive test for current employees leads to removal from the civil service and a minimum 12-month ineligibility period. The law ensures that these temporary, high-trust roles maintain strict standards regarding controlled substance use.
The “Drug Testing for Special Government Employees Act” is short, but it packs a punch for anyone who works, or wants to work, with the federal government on a temporary basis. It mandates drug testing for all “special Government employees” (SGEs) who are in “sensitive positions.” Think of SGEs as the consultants, experts, and temporary hires brought in for specific projects—the people who float in and out of agencies.
If you’re applying for one of these temporary roles, you’ll now have to clear a drug test before you can start work. If you test positive for a controlled substance, the agency must ban you from being appointed to any SGE role for at least 12 months from the date the positive result is confirmed. This is a hard stop: no appointment, no exceptions for a year.
For those already serving as SGEs in sensitive positions when this law takes effect, the rules change fast. Agencies have only 90 days to enroll every one of these current temporary employees into a random drug testing program. This means that even if you’ve been consulting for the government for years, you’re now subject to random checks, just like full-time employees in certain roles.
This is where the bill gets severe, especially for current SGEs. If a prospective SGE tests positive, they get the 12-month ban. But if a current SGE tests positive under the random testing program, the consequences are much harsher: they will be removed from the civil service entirely and banned from future SGE appointments for a minimum of 12 months. This mandatory removal, even for a temporary gig, is a significant penalty that could impact future career prospects, both inside and outside of government.
This is the key piece that determines who gets tested. The bill uses a definition of "Sensitive Position" that is extremely broad. It includes anyone with access to classified information, roles affecting safety or national security, or any position deemed to require a “high level of trust.” Crucially, it also includes anyone performing duties considered “mission critical.” Given that SGEs are usually brought in specifically to tackle urgent or complex tasks, this definition could easily sweep up almost every temporary expert, from a cybersecurity consultant working on a specific threat to an economist advising on a major policy change.
Agencies across the federal government, including the powerful Executive Office of the President and the Office of Management and Budget (OMB), are required to implement these programs. This means new administrative costs and logistical hurdles across the board, all within a tight 90-day window for setting up the random testing programs. For the agencies, it's a scramble; for the temporary experts they rely on, it’s a new level of scrutiny and a much higher risk associated with their appointment.