Ensuring Quality in the Unemployment Insurance Program (EQUIP) Act - Amends title III (Grants to States for Unemployment Compensation Administration) of the Social Security Act (SSA) to require state unemployment compensation (UC) laws to require, as a condition of UC eligibility for a benefit year, an applicant, before receiving any UC, to: (1) complete a substance abuse risk assessment; and (2) test negative for controlled substances within one week after the results of such assessment if the state determines that the applicant is a high-risk. Prescribes retesting requirements and UC payment suspensions for applicants who test positive.
Amends SSA title XVIII (Medicare) and the Patient Protection and Affordable Care Act to provide funding for such substance abuse testing out of current funds appropriated for the Independent Payment Advisory Board (IPAB) and, after application of those funds, for the Consumer Operated and Oriented Plan (CO-OP) program.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3601 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3601
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.
_______________________________________________________________________
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
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Quality in the Unemployment
Insurance Program (EQUIP) Act''.
SEC. 2. DRUG SCREENING MADE A CONDITION OF BENEFIT RECEIPT.
(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 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:
``(A) 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--
``(i) the applicant has completed a substance abuse
risk assessment for such benefit year; and
``(ii) 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.
``(B) If a high-risk applicant tests positive for any
controlled substance--
``(i) if such test result is the first positive
test result for such applicant in the benefit year--
``(I) 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
``(II) 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;
``(ii) 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.
``(C) 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.
``(D) A high-risk applicant who is tested for controlled
substances under--
``(i) subparagraph (A) or (C) shall be responsible
for the cost of such test if the individual tests
positive for any such substance; and
``(ii) subparagraph (B)(i)(II) shall be responsible
for the cost of such test.
``(2) For purposes of this subsection--
``(A) the term `benefit year' means the benefit year as
defined in the applicable State law;
``(B) the term `controlled substance'--
``(i) means a drug or other substance selected by
the State to be included in drug testing under this
subsection; and
``(ii) does not include any drug or other substance
used by the applicant pursuant to a valid prescription
or as otherwise authorized by law;
``(C) the term `high-risk 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 (1)(A)(i); and
``(D) the term `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 abuse.''.
(b) 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)).
(c) Funding for Substance Abuse Testing.--
(1) Funding from ipab.--Section 1899A(m) of the Social
Security Act is amended--
(A) 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
(B) by striking paragraph (2).
(2) Funding from the co-op program.--Section 1322(g) 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 Act.''.
(d) Effective Date.--
(1) In general.--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.
(2) 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.
<all>
Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Human Resources.
Sponsor introductory remarks on measure. (CR E2261)
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line