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 Com-
mittee on Ways and Means, and in addition to the Committee on Energy 
and Commerce, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction 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. 
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’’. 
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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) For purposes of subsection (a), the State law 
(as defined in section 205 of the Federal-State Extended 
Unemployment Compensation Act of 1970 (26 U.S.C. 
3304 note)) of a State shall provide the following: 
‘‘(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— 
‘‘(i) if such test result is the first positive 
test result for such applicant in the benefit 
year— 
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‘‘(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— 
‘‘(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 
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‘‘(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-
signed to determine whether an individual has a 
high risk of substance abuse.’’. 
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(b) NO MERIT STAFFING REQUIREMENTS.—Section 
303(a)(1) of the Social Security Act (42 U.S.C. 503(a)(1)) 
shall not be construed in such a manner as to apply the 
merit staffing requirements in section 900.603 of title 5, 
Code of Federal Regulations, as in effect on October 1, 
2011, to the implementation of section 303(l) of such Act 
(as amended by subsection (a)). 
(c) FUNDING FOR SUBSTANCE ABUSE TESTING.— 
(1) FUNDING FROM IPAB.—Section 1899A(m) 
of the Social Security Act of the Social Security Act 
is amended— 
(A) in paragraph (1), in the matter pre-
ceding subparagraph (A), by striking ‘‘to the 
Board to carry’’ and inserting ‘‘for the purposes 
of carrying out section 303(l), and, if any funds 
remain in the fiscal year involved, for the Board 
for the purpose of carrying’’; and 
(B) by striking paragraph (2). 
(2) FUNDING
FROM
THE
CO-OP
PROGRAM.— 
Section 1322(g) of the Patient Protection and Af-
fordable Care Act is amended by striking ‘‘to carry 
out this section.’’ and inserting ‘‘to carry out section 
303(l) of the Social Security Act, to the extent funds 
are necessary to carry out such section after the ap-
plication of section 1899A(m)(1) of such Act.’’. 
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(d) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendment made by subsection (a) 
shall take effect on the date that is 180 days after 
the date of the enactment of this Act. 
(2) DELAY PERMITTED IF LEGISLATION PEND-
ING.—If a State applies to the Secretary of Labor 
to delay implementation of the requirements of sec-
tion 303(l) of the Social Security Act (42 U.S.C. 
503(l)) on the grounds that legislation to implement 
such requirements is pending in the State legislature 
on the date that is 180 days after the date of the 
enactment of this Act, the Secretary shall not refuse 
certification for payment to the State under section 
302 of such Act solely on the basis of the failure of 
the State to implement such requirements before 
such date. 
Æ 
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