States will be allowed to conduct more extensive drug testing

This bill revokes an Obama administration Department of Labor (DOL) rule that implements part of the 2012 Middle Class Tax Relief and Job Creation Act.

The law allowed states to base unemployment compensation. on the result of drug testing only for applicants in occupations that regularly conduct drug testing. The revoked rule defined those occupations.

Click here to read the rule.

This allows states to perform more extensive drug testing

The revocation of the rule effectively nullifies the restriction defined by the 2012 law - meaning that states will be allowed to perform more extensive drug testing of unemployment compensation applicants.

According to a White House policy statement,

"H.J. Res. 42 would nullify the Employment and Training Administration's Federal-State Unemployment Compensation Program; Middle Class Tax Relief and Job Creation Act of 2012 Provision on Establishing Appropriate Occupations for Drug Testing of Unemployment Compensation Applicants 81 Fed. Reg. 50298 (August 1, 2016), promulgated by the Department of Labor. The rule determines the occupations that regularly conduct drug testing for use by States when determining which unemployment insurance applicants may be tested. The rule imposes an arbitrarily narrow definition of occupations and constrains a State's ability to conduct a drug testing program in its unemployment insurance system, as authorized in Public Law 112-96, the Middle Class Tax Relief and Job Creation Act of 2012."

Click here to read the White House policy statement.

For more information...

The National Conference of State Legislatures (NCSL) has compiled a summary of states that screen for drugs for those requesting public assistance.

Click here for the NCSL report.