H. R. 3601
IN THE HOUSE OF REPRESENTATIVES
December 7, 2011
Mr. Kingston (for himself and Mr. Farenthold) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To amend title III of the Social Security Act to require a substance abuse risk assessment and targeted drug testing as a condition for the receipt of unemployment benefits, and for other purposes.
This Act may be cited as the
Ensuring Quality in the Unemployment
Insurance Program (EQUIP) Act.
Drug screening made a condition of benefit receipt
Section 303 of the Social Security Act (42 U.S.C. 503) is amended by adding at the end the following:
For purposes of subsection (a), the State law (as defined in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note)) of a State shall provide the following:
No regular compensation may be paid to an applicant for such compensation with respect to a benefit year unless, before the receipt of any such compensation—
the applicant has completed a substance abuse risk assessment for such benefit year; and
subject to subparagraph (B), if the State determines based on the results of such assessment that the applicant is a high-risk applicant, not later than 1 week after the results of the assessment are determined, the applicant tests negative for controlled substances.
If a high-risk applicant tests positive for any controlled substance—
if such test result is the first positive test result for such applicant in the benefit year—
no regular compensation may be paid to such applicant for a period of 30 days beginning on the date that such test result is determined; and
no regular compensation may be paid to such applicant during the remainder of such benefit year unless the applicant tests negative for controlled substances at the end of such period;
if such test result is not the first positive test result for such applicant in the benefit year, no regular compensation may be paid to such applicant during the remainder of such benefit year.
A high-risk applicant receiving benefits with respect to a benefit year shall be subject to testing for controlled substances by the State at any time during the benefit year, with limited notice provided to the applicant of such testing.
A high-risk applicant who is tested for controlled substances under—
subparagraph (A) or (C) shall be responsible for the cost of such test if the individual tests positive for any such substance; and
subparagraph (B)(i)(II) shall be responsible for the cost of such test.
For purposes of this subsection—
means the benefit year as defined in the applicable State law;
means a drug or other substance selected by the State to be included in drug testing under this subsection; and
does not include any drug or other substance used by the applicant pursuant to a valid prescription or as otherwise authorized by law;
applicant, with respect to a benefit year, means an individual who is
determined by the State to have a high risk of substance abuse based on the
results of a substance abuse risk assessment administered under paragraph
substance abuse risk
assessment means a screening instrument, approved by the Director of
the National Institutes of Health, designed to determine whether an individual
has a high risk of substance
No merit staffing requirements
Section 303(a)(1) of the Social Security Act (42 U.S.C. 503(a)(1)) shall not be construed in such a manner as to apply the merit staffing requirements in section 900.603 of title 5, Code of Federal Regulations, as in effect on October 1, 2011, to the implementation of section 303(l) of such Act (as amended by subsection (a)).
Funding for substance abuse testing
Funding from IPAB
Section 1899A(m) of the Social Security Act is amended—
in paragraph (1),
in the matter preceding subparagraph (A), by striking
to the Board to
carry and inserting
for the purposes of carrying out section
303(l), and, if any funds remain in the fiscal year involved, for the Board for
the purpose of carrying; and
by striking paragraph (2).
Funding from the CO-OP program
of the Patient Protection and Affordable Care Act is amended by striking
to carry out this section. and inserting
to carry out
section 303(l) of the Social Security Act, to the extent funds are necessary to
carry out such section after the application of section 1899A(m)(1) of such
Except as provided in paragraph (2), the amendment made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act.
Delay permitted if legislation pending
If a State applies to the Secretary of Labor to delay implementation of the requirements of section 303(l) of the Social Security Act (42 U.S.C. 503(l)) on the grounds that legislation to implement such requirements is pending in the State legislature on the date that is 180 days after the date of the enactment of this Act, the Secretary shall not refuse certification for payment to the State under section 302 of such Act solely on the basis of the failure of the State to implement such requirements before such date.