I 

113TH CONGRESS 

1ST SESSION H. R. 3454 

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 

NOVEMBER 12, 2013 

Mr. KINGSTON 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(l) of the Social Secu4 rity Act (42 U.S.C. 503(l)) is amended to read as follows: 

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

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

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

8 3304 note)) of a State shall provide the following: 

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

10 an applicant for such compensation with respect to 

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

12 compensation— 

13 ‘‘(i) the applicant has completed a sub14 stance abuse risk assessment for such benefit 

15 year; and 

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

17 State determines based on the results of such 

18 assessment that the applicant is a high-risk ap19 plicant, not later than 1 week after the results 

20 of the assessment are determined, the applicant 

21 tests negative for controlled substances. 

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

23 any controlled substance— 

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

25 test result for such applicant in the benefit 

26 year— 


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1 ‘‘(I) no regular compensation may be 

2 paid to such applicant for a period of 30 

3 days beginning on the date that such test 

4 result is determined; and 

5 ‘‘(II) no regular compensation may be 

6 paid to such applicant during the remain7 der of such benefit year unless the appli8 cant tests negative for controlled sub9 stances at the end of such period; 

10 ‘‘(ii) if such test result is not the first posi11 tive test result for such applicant in the benefit 

12 year, no regular compensation may be paid to 

13 such applicant during the remainder of such 

14 benefit year. 

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

16 with respect to a benefit year shall be subject to 

17 testing for controlled substances by the State at any 

18 time during the benefit year, with limited notice pro19 vided to the applicant of such testing. 

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

21 controlled substances under— 

22 ‘‘(i) subparagraph (A) or (C) shall be re23 sponsible for the cost of such test if the indi24 vidual tests positive for any such substance; and 


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1 ‘‘(ii) subparagraph (B)(i)(II) shall be re2 sponsible for the cost of such test. 

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

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

5 year as defined in the applicable State law; 

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

7 ‘‘(i) means a drug or other substance se8 lected by the State to be included in drug test9 ing under this subsection; and 

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

11 substance used by the applicant pursuant to a 

12 valid prescription or as otherwise authorized by 

13 law; 

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

15 to a benefit year, means an individual who is deter16 mined by the State to have a high risk of substance 

17 abuse based on the results of a substance abuse risk 

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

19 and 

20 ‘‘(D) the term ‘substance abuse risk assess21 ment’ means a screening instrument, approved by 

22 the Director of the National Institutes of Health, de23 signed to determine whether an individual has a 

24 high risk of substance abuse.’’. 


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1 (b) NO MERIT STAFFING REQUIREMENTS.—Section 

2 303(a)(1) of the Social Security Act (42 U.S.C. 503(a)(1)) 

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

4 merit staffing requirements in section 900.603 of title 5, 

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

6 2011, to the implementation of section 303(l) of such Act 

7 (as amended by subsection (a)). 

8 (c) FUNDING FOR SUBSTANCE ABUSE TESTING.— 

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

10 of the Social Security Act of the Social Security Act 

11 is amended— 

12 (A) in paragraph (1), in the matter pre13 ceding subparagraph (A), by striking ‘‘to the 

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

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

16 remain in the fiscal year involved, for the Board 

17 for the purpose of carrying’’; and 

18 (B) by striking paragraph (2). 

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

20 Section 1322(g) of the Patient Protection and Af21 fordable Care Act is amended by striking ‘‘to carry 

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

23 303(l) of the Social Security Act, to the extent funds 

24 are necessary to carry out such section after the ap25 plication of section 1899A(m)(1) of such Act.’’. 


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1 (d) EFFECTIVE DATE.— 

2 (1) IN GENERAL.—Except as provided in para3 graph (2), the amendment made by subsection (a) 

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

5 the date of the enactment of this Act. 

6 (2) DELAY PERMITTED IF LEGISLATION PEND7 ING.—If a State applies to the Secretary of Labor 

8 to delay implementation of the requirements of sec9 tion 303(l) of the Social Security Act (42 U.S.C. 

10 503(l)) on the grounds that legislation to implement 

11 such requirements is pending in the State legislature 

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

13 enactment of this Act, the Secretary shall not refuse 

14 certification for payment to the State under section 

15 302 of such Act solely on the basis of the failure of 

16 the State to implement such requirements before 

17 such date. 

Æ 


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