1998 Ron Paul 63:1
Mr. PAUL.
Mr. Speaker, I rise in opposition
to H.R. 3853, The Drug-Free Workplace Act. Certainly there are many things the Federal
Government can do to minimize the negative
impact illicit drug users have upon society. Further expanding a philosophically bankrupt
national drug war policy with the creation of
yet another costly federally-funded program is
not the answer.
1998 Ron Paul 63:2
Specifically, this bill authorizes $10 million in
fiscal year 1999 thus further shifting the cost
burden from the irresponsible drug user to the
taxpayer. Allowing the cost of drug use to fall
on the irresponsible drug user rather than allowing
that user to socialize his or her costs
upon the innocent taxpayer would be a worthwhile
step in the right direction. The dangerous
socialization of costs is a consequence
of various Federal actions.
1998 Ron Paul 63:3
A Federal Government which reduces the
cost of drug use by supplying free needles is
one example. But this practice is but a minor
example of exactly how the Federal Government
has made matters worse by lowering the
costs and encouraging the expansion of risky
behavior. We must, once and for all, expose
the fallacy that problems can be solved simply
by cost spreading — in other words, that all
risky behavior should be socialized by the
government. A Federal Government that accepts
responsibility for paying the rehabilitation
costs and medical costs of its citizens who act
irresponsibly is certain to do only one thing —
increase the number of those who engage in
such behavior.
1998 Ron Paul 63:4
If we lower the cost of anything, we necessarily
increase the incidence. But this is not
only true when we are dealing with drugs. It
has to do with cigarettes, alcohol, and all risky
behavior. The whole tobacco legislation controversy
is the natural consequence of the
same flawed policy. That is, because government
“must” pay the health costs of people
who get sick from dangerous behavior with
cigarettes, government must also regulate the
tobacco companies and deprive all citizens of
liberties which may at times involve risky behavior. Once the taxpayer is called upon to
pay, costs skyrocket.
1998 Ron Paul 63:5
Moreover, the Federal Government further
makes matters worse by imposing employment
regulations which make it difficult to terminate
employees who engage in drug or alcohol
abuse. Such a regulatory regime further
socializes the costs of irresponsibility upon innocents
by forcing employers to continue to
pay the salaries and/or health benefits of unsavory
employees during rehabilitation periods.
1998 Ron Paul 63:6
Private employers should already be free to
require drug testing as a condition or term of
employment. This legislation, however, unnecessarily
brings the Federal Government into
this process. The threat of liability law suits
will dictate that drug testing will be prevalent
in jobs where abstinence from drug use is
most critical. However, setting up taxpayer-funded
federal programs here are not only unnecessary
but ill-advised. The newspapers are
replete with examples of various lawsuits filed
as a consequence of false positives resulting
from both scientific and human errors. This
legislation involves the Federal Government
so far as to require drug testing be completed
by only a few government-favored drug testers. This bill also requires those small businesses
who participate to mandatorily test employees
for drug and alcohol abuse. This proposition
treads dangerously on grounds violative
of the fourth amendment. While the bill of
rights is a limitation upon actions by the Federal
Government, it does not restrict the voluntary
actions of private employers and their
employees. The case becomes far less clear
when the Federal Government involves itself
in what should simply be a matter of private
contract. In fact, government involvement may
actually constitute a hindrance upon employers
ability to adequately test those employees
for whom they feel testing may be a necessary
job component.
1998 Ron Paul 63:7
It should never go unnoticed that, as is so
often the case in this Congress, constitutional
authority is lacking for the further expansion of
the Federal Government into the realm of
small business and the means by which they
hire reliable employees. The Report on H.R. 3583 cites Article I, Section 8, Clause 18 as
the Constitutional authority. This clause reads
“To make all Laws which shall be necessary
and proper for carrying into Execution the
foregoing Powers, and all other Powers vested
by this Constitution in the Government of the
United States, or in any Department or Office
thereof” (emphasis added). The authority cited
requires a foregoing Power which not only is
missing from the authority cited for this bill but
in my close examination of Article I, Section 8,
simply seems not to exist.
Notes:
1998 Ron Paul Chapter 63
The text of this chapter was inserted in CongressionalRecord as an extension of remarks, and was not spoken on the House floor.
1998 Ron Paul 63:1 federally-funded probably should not have been hyphenated: federally funded.
1998 Ron Paul 63:6 However, setting up taxpayer-funded federal programs here are not only unnecessary probably should have been,
However, setting up taxpayer-funded federal programs here is not only unnecessary.
ill-advised probably should have been unhyphenated, as predicate adjectives normally do not require hyphens: ill advised.
fourth amendment probably should have been capitalized: Fourth Amendment.
bill of rights probably should have been capitalized, Bill of Rights.
a hindrance upon employers ability probably should have had an apostrophe:
a hindrance upon employers’ ability.
1998 Ron Paul 63:7 The Report on H.R. 3583 cites Article I, Section 8, Clause 18 as the Constitutional authority. This clause reads “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Office thereof” (emphasis added).
There is no emphasis on any part of this text in the Congressional Record.
