Remarks on Signing an
Executive Order and a Message to Congress Transmitting Proposed Legislation To Combat Drug Abuse and Trafficking
The President. Well, last evening
Nancy and I invited all Americans to join in a national crusade against drugs.
And this morning I'm signing an Executive order and transmitting legislation to
Congress as part of the Federal Government's crusade against drugs. The
Executive order that I'm signing will implement new procedures that will work
to ensure a drug-free Federal workplace. And the legislation, the Drug-Free
America Act, addresses the need to get drugs out of the workplace, schools, and
our neighborhoods; it helps the States with drug treatment; and it cracks down
on drug traffickers.
This
is the Federal Government's way of ``just saying no'' to drugs. We're getting
tough on drugs, and we mean business. To those who are thinking of using drugs,
we say: Stop. And to those who are pushing drugs, we say: Beware. I hope all
Americans will join in this important effort and make
And
now first, I will sign the Executive order. And the two
transmittal letters. It is done.
B
Reporter. Mr. President, many of your conservative
supporters say that in this Daniloff affair, you've
given in to the Russians -- that you blinked first.
How do you respond to that, sir?
The President. No one on our side has
blinked, and I didn't blink. I wasn't going to take any question on either
subject. When you asked that -- I heard some of the shows Sunday, and I don't
know where they get that idea. No, we have not blinked. He is a hostage, as
George Shultz said. The individual that we're holding is an accused spy, and
there can be no trade between those two; nor does Mr. Daniloff
believe that there should be such a trade. But, no, we haven't blinked. From
the very first I have felt that it was absolutely essential that we get Daniloff out of their hands and out of that cell which he
occupied with what was obviously a Soviet aide -- and 4-hours-a-day
interrogation.
Q.
But do you think now that you can bring it to a successful conclusion and get Daniloff free in an honorable way?
The President. That's our goal, and
that's what we're going to --
--
Q.
Has there been any progress in those negotiations in the last few days that you
can report?
The President. I can't comment on that
-- I really can't.
Q.
Do you have a cold?
The President. What?
Q.
Do you have a cold? Are you suffering from a cold?
The President. I think there was
something in the breeze up at Camp David this weekend that -- I'm subject to
certain allergies and pollen, and I brought this back from Camp David with me.
It isn't a cold; no, it's an allergy.
Q.
How do you feel?
The President. Other than that, I'm
feeling fine.
Q.
You're not taking any drugs for the -- [inaudible] -- antihistamines?
[Laughter]
The President. No, Sam [Sam Donaldson,
ABC News]. I irrigate my nasal passages with salt water.
Q.
Just say no. [Laughter]
Note:
The President spoke at
Executive
Order 12564 -- Drug-Free Federal Workplace
I,
Ronald Reagan, President of the
Drug
use is having serious adverse effects upon a significant proportion of the
national work force and results in billions of dollars of lost productivity
each year;
The
Federal government, as an employer, is concerned with the well-being of its
employees, the successful accomplishment of agency missions, and the need to
maintain employee productivity;
The
Federal government, as the largest employer in the Nation, can and should show
the way towards achieving drug-free workplaces through a program designed to
offer drug users a helping hand and, at the same time, demonstrating to drug
users and potential drug users that drugs will not be tolerated in the Federal
workplace;
The
profits from illegal drugs provide the single greatest source of income for
organized crime, fuel violent street crime, and otherwise contribute to the
breakdown of our society;
The
use of illegal drugs, on or off duty, by Federal employees is inconsistent not
only with the law-abiding behavior expected of all citizens, but also with the
special trust placed in such employees as servants of the public;
Federal
employees who use illegal drugs, on or off duty, tend to be less productive,
less reliable, and prone to greater absenteeism than their fellow employees who
do not use illegal drugs;
The
use of illegal drugs, on or off duty, by Federal employees impairs the
efficiency of Federal departments and agencies, undermines public confidence in
them, and makes it more difficult for other employees who do not use illegal
drugs to perform their jobs effectively. The use of illegal drugs, on or off
duty, by Federal employees also can pose a serious health and safety threat to
members of the public and to other Federal employees;
The
use of illegal drugs, on or off duty, by Federal employees in certain positions
evidences less than the complete reliability, stability, and good judgment that
is consistent with access to sensitive information and creates the possibility
of coercion, influence, and irresponsible action under pressure that may pose a
serious risk to national security, the public safety, and the effective
enforcement of the law; and
Federal
employees who use illegal drugs must themselves be primarily responsible for
changing their behavior and, if necessary, begin the process of rehabilitating
themselves.
By
the authority vested in me as President by the Constitution and laws of the
United States of America, including section 3301(2) of Title 5 of the United
States Code, section 7301 of Title 5 of the United States Code, section 290ee -
1 of Title 42 of the United States Code, deeming such action in the best
interests of national security, public health and safety, law enforcement and the
efficiency of the Federal service, and in order to establish standards and
procedures to ensure fairness in achieving a drug-free Federal workplace and to
protect the privacy of Federal employees, it is hereby ordered as follows:
Section 1. Drug-Free Workplace.
(a)
Federal employees are required to refrain from the use of illegal drugs.
(b)
The use of illegal drugs by Federal employees, whether on duty or off duty, is
contrary to the efficiency of the service.
(c)
Persons who use illegal drugs are not suitable for Federal employment.
Sec. 2. Agency
Responsibilities.
(a)
The head of each Executive agency shall develop a plan for achieving the
objective of a drug-free workplace with due consideration of the rights of the
government, the employee, and the general public.
(b)
Each agency plan shall include:
(1)
A statement of policy setting forth the agency's expectations regarding drug
use and the action to be anticipated in response to identified drug use;
(2)
Employee Assistance Programs emphasizing high level direction, education,
counseling, referral to rehabilitation, and coordination with available
community resources;
(3)
Supervisory training to assist in identifying and addressing illegal drug use
by agency employees;
(4)
Provision for self-referrals as well as supervisory referrals to treatment with
maximum respect for individual confidentiality consistent with safety and
security issues; and
(5)
Provision for identifying illegal drug users, including testing on a controlled
and carefully monitored basis in accordance with this Order.
Sec. 3. Drug Testing Programs.
(a)
The head of each Executive agency shall establish a program to test for the use
of illegal drugs by employees in sensitive positions. The extent to which such
employees are tested and the criteria for such testing shall be determined by
the head of each agency, based upon the nature of the agency's mission and its
employees' duties, the efficient use of agency resources, and the danger to the
public health and safety or national security that could result from the
failure of an employee adequately to discharge his or her position.
(b)
The head of each Executive agency shall establish a program for voluntary
employee drug testing.
(c)
In addition to the testing authorized in subsections (a) and (b) of this
section, the head of each Executive agency is authorized to test an employee
for illegal drug use under the following circumstances:
(1)
When there is a reasonable suspicion that any employee uses illegal drugs;
(2)
In an examination authorized by the agency regarding an accident or unsafe
practice; or
(3)
As part of or as a follow-up to counseling or rehabilitation for illegal drug
use through an Employee Assistance Program.
(d)
The head of each Executive agency is authorized to test any applicant for
illegal drug use.
Sec. 4. Drug Testing
Procedures.
(a)
Sixty days prior to the implementation of a drug testing program pursuant to
this Order, agencies shall notify employees that testing for use of illegal
drugs is to be conducted and that they may seek counseling and rehabilitation
and inform them of the procedures for obtaining such assistance through the
agency's Employee Assistance Program. Agency drug testing programs already
ongoing are exempted from the 60-day notice requirement. Agencies may take
action under section 3(c) of this Order without reference to the 60-day notice
period.
(b)
Before conducting a drug test, the agency shall inform the employee to be
tested of the opportunity to submit medical documentation that may support a
legitimate use for a specific drug.
(c)
Drug testing programs shall contain procedures for timely submission of
requests for retention of records and specimens; procedures for retesting; and
procedures, consistent with applicable law, to protect the confidentiality of
test results and related medical and rehabilitation records. Procedures for
providing urine specimens must allow individual privacy, unless the agency has
reason to believe that a particular individual may alter or substitute the
specimen to be provided.
(d)
The Secretary of Health and Human Services is authorized to promulgate
scientific and technical guidelines for drug testing programs, and agencies
shall conduct their drug testing programs in accordance with these guidelines
once promulgated.
Sec. 5. Personnel Actions.
(a)
Agencies shall, in addition to any appropriate personnel actions, refer any
employee who is found to use illegal drugs to an Employee Assistance Program
for assessment, counseling, and referral for treatment or rehabilitation as
appropriate.
(b)
Agencies shall initiate action to discipline any employee who is found to use
illegal drugs, provided that such action is not required for an employee who:
(1)
Voluntarily identifies himself as a user of illegal drugs or who volunteers for
drug testing pursuant to section 3(b) of this Order, prior to being identified
through other means;
(2)
Obtains counseling or rehabilitation through an Employee Assistance Program;
and
(3)
Thereafter refrains from using illegal drugs.
(c)
Agencies shall not allow any employee to remain on duty in a sensitive position
who is found to use illegal drugs, prior to successful completion of
rehabilitation through an Employee Assistance Program. However, as part of a
rehabilitation or counseling program, the head of an Executive agency may, in
his or her discretion, allow an employee to return to duty in a sensitive
position if it is determined that this action would not pose a danger to public
health or safety or the national security.
(d)
Agencies shall initiate action to remove from the service any employee who is
found to use illegal drugs and:
(1)
Refuses to obtain counseling or rehabilitation through an Employee Assistance
Program; or
(2)
Does not thereafter refrain from using illegal drugs.
(e)
The results of a drug test and information developed by the agency in the
course of the drug testing of the employee may be considered in processing any
adverse action against the employee or for other administrative purposes.
Preliminary test results may not be used in an administrative proceeding unless
they are confirmed by a second analysis of the same sample or unless the
employee confirms the accuracy of the initial test by admitting the use of
illegal drugs.
(f)
The determination of an agency that an employee uses illegal drugs can be made
on the basis of any appropriate evidence, including direct observation, a
criminal conviction, administrative inquiry, or the results of an authorized
testing program. Positive drug test results may be rebutted by other evidence
that an employee has not used illegal drugs.
(g)
Any action to discipline an employee who is using illegal drugs (including
removal from the service, if appropriate) shall be taken in compliance with
otherwise applicable procedures, including the Civil Service Reform Act.
(h)
Drug testing shall not be conducted pursuant to this Order for the purpose of
gathering evidence for use in criminal proceedings. Agencies are not required
to report to the Attorney General for investigation or prosecution any
information, allegation, or evidence relating to violations of Title 21 of the
United States Code received as a result of the operation of drug testing
programs established pursuant to this Order.
Sec. 6. Coordination of Agency
Programs.
(a)
The Director of the Office of Personnel Management shall:
(1)
Issue government-wide guidance to agencies on the implementation of the terms
of this Order;
(2)
Ensure that appropriate coverage for drug abuse is
maintained for employees and their families under the Federal Employees Health
Benefits Program;
(3)
Develop a model Employee Assistance Program for
Federal agencies and assist the agencies in putting programs in place;
(4)
In consultation with the Secretary of Health and Human Services, develop and
improve training programs for Federal supervisors and managers on illegal drug
use; and
(5)
In cooperation with the Secretary of Health and Human Services and heads of
Executive agencies, mount an intensive drug awareness campaign throughout the
Federal work force.
(b)
The Attorney General shall render legal advice regarding the implementation of
this Order and shall be consulted with regard to all guidelines, regulations,
and policies proposed to be adopted pursuant to this Order.
(c)
Nothing in this Order shall be deemed to limit the authorities of the Director
of Central Intelligence under the National Security Act of 1947, as amended, or
the statutory authorities of the National Security Agency or the Defense
Intelligence Agency. Implementation of this Order within the Intelligence
Community, as defined in Executive Order No. 12333, shall be subject to the
approval of the head of the affected agency.
Sec. 7. Definitions.
(a)
This Order applies to all agencies of the Executive Branch.
(b)
For purposes of this Order, the term ``agency'' means an Executive agency, as
defined in 5 U.S.C. 105; the Uniformed Services, as defined in 5 U.S.C. 2101(3)
(but excluding the armed forces as defined by 5 U.S.C. 2101(2)); or any other
employing unit or authority of the Federal government, except the United States
Postal Service, the Postal Rate Commission, and employing units or authorities
in the Judicial and Legislative Branches.
(c)
For purposes of this Order, the term ``illegal drugs'' means a controlled
substance included in Schedule I or II, as defined by section 802(6) of Title
21 of the United States Code, the possession of which is unlawful under chapter
13 of that Title. The term ``illegal drugs'' does not mean the use of a
controlled substance pursuant to a valid prescription or other uses authorized
by law.
(d)
For purposes of this Order, the term ``employee in a sensitive position''
refers to:
(1)
An employee in a position that an agency head designates Special Sensitive,
Critical-Sensitive, or Noncritical-Sensitive under
Chapter 731 of the Federal Personnel Manual or an employee in a position that
an agency head designates as sensitive in accordance with Executive Order No.
10450, as amended;
(2)
An employee who has been granted access to classified information or may be
granted access to classified information pursuant to a determination of
trustworthiness by an agency head under Section 4 of Executive Order No. 12356;
(3)
Individuals serving under Presidential appointments;
(4)
Law enforcement officers as defined in 5 U.S.C. 8331 (20); and
(5)
Other positions that the agency head determines involve law enforcement,
national security, the protection of life and property, public health or
safety, or other functions requiring a high degree of trust and confidence.
(e)
For purposes of this Order, the term ``employee'' means all persons appointed
in the Civil Service as described in 5 U.S.C. 2105 (but excluding persons
appointed in the armed services as defined in 5 U.S.C. 2102(2)).
(f)
For purposes of this Order, the term ``Employee Assistance Program'' means
agency-based counseling programs that offer assessment, short-term counseling,
and referral services to employees for a wide range of drug, alcohol, and
mental health programs that affect employee job performance. Employee
Assistance Programs are responsible for referring drug-using employees for rehabilitation
and for monitoring employees' progress while in treatment.
Sec. 8. Effective Date.
This Order is effective immediately.
Ronald
Reagan
The
White House,
[Filed
with the Office of the Federal Register,