I 

116TH CONGRESS 

1ST SESSION H. R. 1121 

To amend title III of the Social Security Act to permit States to conduct 

substance abuse risk assessments and targeted drug testing as a condition for the receipt of unemployment benefits, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 8, 2019 

Mr. CARTER of Georgia (for himself, Mr. CHABOT, Mr. ALLEN, Mr. COLE, 

Mr. LOUDERMILK, Mr. WESTERMAN, Mr. DUNCAN, Mr. ROUZER, Mr. 

MITCHELL, Mr. WRIGHT, Mr. DESJARLAIS, and Mr. WEBER of Texas) 

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 permit 

States to conduct substance abuse risk assessments 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(l) of the Social Secu4 rity Act (42 U.S.C. 503(l)) is amended to read as follows: 

5 ‘‘(l)(1) Nothing in this Act or any other provision of 

6 Federal law shall be considered to prevent a State from 

7 enacting legislation to provide for testing an applicant for 

8 unemployment compensation for the unlawful use of con9 trolled substances as a condition for receiving such com10 pensation, including legislation that provides for the fol11 lowing procedures: 

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

13 an applicant for such compensation with respect to 

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

15 compensation— 

16 ‘‘(i) the applicant has completed a sub17 stance abuse risk assessment for such benefit 

18 year; and 

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

20 State determines based on the results of such 

21 assessment that the applicant is a high-risk ap22 plicant, not later than 1 week after the results 

23 of the assessment are determined, the applicant 

24 tests negative for controlled substances. 

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

26 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, deVerDate Sep 11 2014 00:00 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1121.IH H1121

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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 (42 U.S.C. 1395kkk(m)) 

13 is amended— 

14 (A) in paragraph (1), in the matter pre15 ceding subparagraph (A), by striking ‘‘to the 

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

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

18 remain in the fiscal year involved, for the Board 

19 for the purpose of carrying’’; and 

20 (B) by striking paragraph (2). 

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

22 Section 1322(g) of the Patient Protection and Af23 fordable Care Act (42 U.S.C. 18042(g)) is amended 

24 by striking ‘‘to carry out this section’’ and inserting 

25 ‘‘to carry out section 303(l) of the Social Security 


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1 Act, to the extent funds are necessary to carry out 

2 such section after the application of section 

3 1899A(m)(1) of such Act’’. 

Æ 


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