H.R. 3615 (112th): Accountability in Unemployment Act of 2011

112th Congress, 2011–2013. Text as of Dec 08, 2011 (Introduced).

Status & Summary | PDF | Source: GPO

I

112th CONGRESS

1st Session

H. R. 3615

IN THE HOUSE OF REPRESENTATIVES

December 8, 2011

introduced the following bill; which was referred to the Committee on Ways and Means

A BILL

To amend title III of the Social Security Act to require States to implement a drug testing program for applicants for and recipients of unemployment compensation.

1.

Short title

This Act may be cited as the Accountability in Unemployment Act of 2011.

2.

Drug testing program for applicants for and recipients of unemployment compensation

(a)

In general

Section 303 of the Social Security Act (42 U.S.C. 503) is amended by adding at the end the following:

(l)
(1)

For purposes of subsection (a), the law of a State shall provide that no regular compensation may be paid to an individual unless—

(A)

the individual is tested for the use of the drugs listed in paragraph (3)(A)—

(i)

if the individual has applied for such compensation and the application has not been approved, before the receipt of such compensation; and

(ii)

in any other case, before the end of the 3-month period that begins on the date of the enactment of this subsection; and

(B)

the individual tests negative for the use of such drugs or, in the case of an individual who tests positive for the use of such drugs, the individual meets the requirements of paragraph (2).

(2)
(A)

Except as provided in subparagraph (B), if an individual tests positive pursuant to paragraph (1) for the use of any drug listed in paragraph (3)(A), no regular compensation may be paid to the individual unless—

(i)

a 30-day period has elapsed since the results of the test were determined; and

(ii)

the individual tests negative for the use of each drug listed in paragraph (3)(A) at the end of such period.

(B)

If an individual tests positive pursuant to paragraph (1) for the use of any drug listed in paragraph (3)(A) three or more times (whether for the same or a different drug), no regular compensation may be paid to the individual unless—

(i)

a 5-year period has elapsed since the results of the last test were determined; and

(ii)

the individual tests negative for the use of each drug listed in paragraph (3)(A) at the end of such period.

(3)
(A)

In conducting drug testing pursuant to paragraph (1), the State shall test for each of the following:

(i)

Marijuana.

(ii)

Cocaine.

(iii)

Opiates.

(iv)

Amphetamines.

(v)

Methamphetamine.

(vi)

Phencyclidine.

(vii)

Heroin.

(viii)

Lysergic acid diethyliamide.

(ix)

3,4-methylenedioxy amphetamine.

(B)

A positive test for a drug listed in subparagraph (A) shall be treated as a negative test for purposes of this subsection if such drug was used pursuant to a valid prescription or as otherwise authorized by law.

(4)

The State shall require each individual who is tested pursuant to paragraph (1) to pay the portion of the cost of the drug testing that pertains to such individual. If such individual tests negative for the use of each drug listed in paragraph (3)(A) and the State provides regular compensation to the individual, the State shall increase the first payment of such compensation in an amount equal to the amount paid by the individual under this paragraph for the drug testing.

(5)

In this subsection, the term regular compensation has the meaning given such term in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).

.

(b)

Effective date

The amendment made by this section shall take effect 1 year after the date of the enactment of this Act.