I 

112TH CONGRESS 

1ST SESSION H. R. 3615 

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. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 8, 2011 

Mr. PEARCE 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 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 ‘‘Accountability in Un5 employment Act of 2011’’. 


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1 SEC. 2. DRUG TESTING PROGRAM FOR APPLICANTS FOR 

2 AND RECIPIENTS OF UNEMPLOYMENT COM3 PENSATION. 

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

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

6 following: 

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

8 State shall provide that no regular compensation may be 

9 paid to an individual unless— 

10 ‘‘(A) the individual is tested for the use of the 

11 drugs listed in paragraph (3)(A)— 

12 ‘‘(i) if the individual has applied for such 

13 compensation and the application has not been 

14 approved, before the receipt of such compensa15 tion; and 

16 ‘‘(ii) in any other case, before the end of 

17 the 3-month period that begins on the date of 

18 the enactment of this subsection; and 

19 ‘‘(B) the individual tests negative for the use of 

20 such drugs or, in the case of an individual who tests 

21 positive for the use of such drugs, the individual 

22 meets the requirements of paragraph (2). 

23 ‘‘(2)(A) Except as provided in subparagraph (B), if 

24 an individual tests positive pursuant to paragraph (1) for 

25 the use of any drug listed in paragraph (3)(A), no regular 

26 compensation may be paid to the individual unless— 


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1 ‘‘(i) a 30-day period has elapsed since the re2 sults of the test were determined; and 

3 ‘‘(ii) the individual tests negative for the use of 

4 each drug listed in paragraph (3)(A) at the end of 

5 such period. 

6 ‘‘(B) If an individual tests positive pursuant to para7 graph (1) for the use of any drug listed in paragraph 

8 (3)(A) three or more times (whether for the same or a 

9 different drug), no regular compensation may be paid to 

10 the individual unless— 

11 ‘‘(i) a 5-year period has elapsed since the re12 sults of the last test were determined; and 

13 ‘‘(ii) the individual tests negative for the use of 

14 each drug listed in paragraph (3)(A) at the end of 

15 such period. 

16 ‘‘(3)(A) In conducting drug testing pursuant to para17 graph (1), the State shall test for each of the following: 

18 ‘‘(i) Marijuana. 

19 ‘‘(ii) Cocaine. 

20 ‘‘(iii) Opiates. 

21 ‘‘(iv) Amphetamines. 

22 ‘‘(v) Methamphetamine. 

23 ‘‘(vi) Phencyclidine. 

24 ‘‘(vii) Heroin. 

25 ‘‘(viii) Lysergic acid diethyliamide. 


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1 ‘‘(ix) 3,4-methylenedioxy amphetamine. 

2 ‘‘(B) A positive test for a drug listed in subparagraph 

3 (A) shall be treated as a negative test for purposes of this 

4 subsection if such drug was used pursuant to a valid pre5 scription or as otherwise authorized by law. 

6 ‘‘(4) The State shall require each individual who is 

7 tested pursuant to paragraph (1) to pay the portion of 

8 the cost of the drug testing that pertains to such indi9 vidual. If such individual tests negative for the use of each 

10 drug listed in paragraph (3)(A) and the State provides 

11 regular compensation to the individual, the State shall in12 crease the first payment of such compensation in an 

13 amount equal to the amount paid by the individual under 

14 this paragraph for the drug testing. 

15 ‘‘(5) In this subsection, the term ‘regular compensa16 tion’ has the meaning given such term in section 205 of 

17 the Federal-State Extended Unemployment Compensation 

18 Act of 1970 (26 U.S.C. 3304 note).’’. 

19 (b) EFFECTIVE DATE.—The amendment made by 

20 this section shall take effect 1 year after the date of the 

21 enactment of this Act. 

Æ 


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