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