I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ensuring Quality in 

5 the Unemployment Insurance Program (EQUIP) Act’’. 

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1 SEC. 2. DRUG SCREENING MADE A CONDITION OF BENEFIT 

2 RECEIPT. 

3 (a) IN GENERAL.—Section 303 of the Social Security 

4 Act (42 U.S.C. 503) is amended by adding at the end the 

5 following: 

6 ‘‘(l)(1) For purposes of subsection (a), the State law 

7 (as defined in section 205 of the Federal-State Extended 

8 Unemployment Compensation Act of 1970 (26 U.S.C. 

9 3304 note)) of a State shall provide the following: 

10 ‘‘(A) No regular compensation may be paid to 

11 an applicant for such compensation with respect to 

12 a benefit year unless, before the receipt of any such 

13 compensation— 

14 ‘‘(i) the applicant has completed a sub15 stance abuse risk assessment for such benefit 

16 year; and 

17 ‘‘(ii) subject to subparagraph (B), if the 

18 State determines based on the results of such 

19 assessment that the applicant is a high-risk ap20 plicant, not later than 1 week after the results 

21 of the assessment are determined, the applicant 

22 tests negative for controlled substances. 

23 ‘‘(B) If a high-risk applicant tests positive for 

24 any controlled substance— 

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1 ‘‘(i) if such test result is the first positive 

2 test result for such applicant in the benefit 

3 year— 

4 ‘‘(I) no regular compensation may be 

5 paid to such applicant for a period of 30 

6 days beginning on the date that such test 

7 result is determined; and 

8 ‘‘(II) no regular compensation may be 

9 paid to such applicant during the remain10 der of such benefit year unless the appli11 cant tests negative for controlled sub12 stances at the end of such period; 

13 ‘‘(ii) if such test result is not the first posi14 tive test result for such applicant in the benefit 

15 year, no regular compensation may be paid to 

16 such applicant during the remainder of such 

17 benefit year. 

18 ‘‘(C) A high-risk applicant receiving benefits 

19 with respect to a benefit year shall be subject to 

20 testing for controlled substances by the State at any 

21 time during the benefit year, with limited notice pro22 vided to the applicant of such testing. 

23 ‘‘(D) A high-risk applicant who is tested for 

24 controlled substances under— 

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1 ‘‘(i) subparagraph (A) or (C) shall be re2 sponsible for the cost of such test if the indi3 vidual tests positive for any such substance; and 

4 ‘‘(ii) subparagraph (B)(i)(II) shall be re5 sponsible for the cost of such test. 

6 ‘‘(2) For purposes of this subsection— 

7 ‘‘(A) the term ‘benefit year’ means the benefit 

8 year as defined in the applicable State law; 

9 ‘‘(B) the term ‘controlled substance’— 

10 ‘‘(i) means a drug or other substance se11 lected by the State to be included in drug test12 ing under this subsection; and 

13 ‘‘(ii) does not include any drug or other 

14 substance used by the applicant pursuant to a 

15 valid prescription or as otherwise authorized by 

16 law; 

17 ‘‘(C) the term ‘high-risk applicant’, with respect 

18 to a benefit year, means an individual who is deter19 mined by the State to have a high risk of substance 

20 abuse based on the results of a substance abuse risk 

21 assessment administered under paragraph (1)(A)(i); 

22 and 

23 ‘‘(D) the term ‘substance abuse risk assess24 ment’ means a screening instrument, approved by 

25 the Director of the National Institutes of Health, demstockstill on DSK4VPTVN1PROD with BILLS

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1 signed to determine whether an individual has a 

2 high risk of substance abuse.’’. 

3 (b) NO MERIT STAFFING REQUIREMENTS.—Section 

4 303(a)(1) of the Social Security Act (42 U.S.C. 503(a)(1)) 

5 shall not be construed in such a manner as to apply the 

6 merit staffing requirements in section 900.603 of title 5, 

7 Code of Federal Regulations, as in effect on October 1, 

8 2011, to the implementation of section 303(l) of such Act 

9 (as amended by subsection (a)). 

10 (c) FUNDING FOR SUBSTANCE ABUSE TESTING.— 

11 (1) FUNDING FROM IPAB.—Section 1899A(m) 

12 of the Social Security Act is amended— 

13 (A) in paragraph (1), in the matter pre14 ceding subparagraph (A), by striking ‘‘to the 

15 Board to carry’’ and inserting ‘‘for the purposes 

16 of carrying out section 303(l), and, if any funds 

17 remain in the fiscal year involved, for the Board 

18 for the purpose of carrying’’; and 

19 (B) by striking paragraph (2). 

20 (2) FUNDING FROM THE CO-OP PROGRAM.— 

21 Section 1322(g) of the Patient Protection and Af22 fordable Care Act is amended by striking ‘‘to carry 

23 out this section.’’ and inserting ‘‘to carry out section 

24 303(l) of the Social Security Act, to the extent funds 

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1 are necessary to carry out such section after the ap2 plication of section 1899A(m)(1) of such Act.’’. 

3 (d) EFFECTIVE DATE.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), the amendment made by subsection (a) 

6 shall take effect on the date that is 180 days after 

7 the date of the enactment of this Act. 

8 (2) DELAY PERMITTED IF LEGISLATION PEND9 ING.—If a State applies to the Secretary of Labor 

10 to delay implementation of the requirements of sec11 tion 303(l) of the Social Security Act (42 U.S.C. 

12 503(l)) on the grounds that legislation to implement 

13 such requirements is pending in the State legislature 

14 on the date that is 180 days after the date of the 

15 enactment of this Act, the Secretary shall not refuse 

16 certification for payment to the State under section 

17 302 of such Act solely on the basis of the failure of 

18 the State to implement such requirements before 

19 such date. 

Æ 

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