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 condi-
tion 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 Com-
merce, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion 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. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
VerDate Sep 11 2014 
00:00 Feb 21, 2019
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1121.IH
H1121
pamtmann on DSKBFK8HB2PROD with BILLS
SEC. 2. DRUG SCREENING MADE A CONDITION OF BENEFIT 
RECEIPT. 
(a) IN GENERAL.—Section 303(l) of the Social Secu-
rity Act (42 U.S.C. 503(l)) is amended to read as follows: 
‘‘(l)(1) Nothing in this Act or any other provision of 
Federal law shall be considered to prevent a State from 
enacting legislation to provide for testing an applicant for 
unemployment compensation for the unlawful use of con-
trolled substances as a condition for receiving such com-
pensation, including legislation that provides for the fol-
lowing procedures: 
‘‘(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 sub-
stance 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 ap-
plicant, 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— 
VerDate Sep 11 2014 
00:00 Feb 21, 2019
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1121.IH
H1121
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(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 remain-
der of such benefit year unless the appli-
cant tests negative for controlled sub-
stances at the end of such period; 
‘‘(ii) if such test result is not the first posi-
tive 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 pro-
vided to the applicant of such testing. 
‘‘(D) A high-risk applicant who is tested for 
controlled substances under— 
VerDate Sep 11 2014 
00:00 Feb 21, 2019
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1121.IH
H1121
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(i) subparagraph (A) or (C) shall be re-
sponsible for the cost of such test if the indi-
vidual tests positive for any such substance; and 
‘‘(ii) subparagraph (B)(i)(II) shall be re-
sponsible 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 se-
lected by the State to be included in drug test-
ing 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 deter-
mined 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 assess-
ment’ means a screening instrument, approved by 
the Director of the National Institutes of Health, de-
VerDate Sep 11 2014 
00:00 Feb 21, 2019
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1121.IH
H1121
pamtmann on DSKBFK8HB2PROD with BILLS