Ensuring Quality in the Unemployment Insurance Program (EQUIP) Act

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- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Ensuring Quality in 4 the Unemployment Insurance Program (EQUIP) Act’’. 5 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 2 •HR 1121 IH SEC. 2. DRUG SCREENING MADE A CONDITION OF BENEFIT 1 RECEIPT. 2 (a) IN GENERAL.—Section 303(l) of the Social Secu- 3 rity Act (42 U.S.C. 503(l)) is amended to read as follows: 4 ‘‘(l)(1) Nothing in this Act or any other provision of 5 Federal law shall be considered to prevent a State from 6 enacting legislation to provide for testing an applicant for 7 unemployment compensation for the unlawful use of con- 8 trolled substances as a condition for receiving such com- 9 pensation, including legislation that provides for the fol- 10 lowing procedures: 11 ‘‘(A) No regular compensation may be paid to 12 an applicant for such compensation with respect to 13 a benefit year unless, before the receipt of any such 14 compensation— 15 ‘‘(i) the applicant has completed a sub- 16 stance abuse risk assessment for such benefit 17 year; and 18 ‘‘(ii) subject to subparagraph (B), if the 19 State determines based on the results of such 20 assessment that the applicant is a high-risk ap- 21 plicant, not later than 1 week after the results 22 of the assessment are determined, the applicant 23 tests negative for controlled substances. 24 ‘‘(B) If a high-risk applicant tests positive for 25 any controlled substance— 26 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 3 •HR 1121 IH ‘‘(i) if such test result is the first positive 1 test result for such applicant in the benefit 2 year— 3 ‘‘(I) no regular compensation may be 4 paid to such applicant for a period of 30 5 days beginning on the date that such test 6 result is determined; and 7 ‘‘(II) no regular compensation may be 8 paid to such applicant during the remain- 9 der of such benefit year unless the appli- 10 cant tests negative for controlled sub- 11 stances at the end of such period; 12 ‘‘(ii) if such test result is not the first posi- 13 tive test result for such applicant in the benefit 14 year, no regular compensation may be paid to 15 such applicant during the remainder of such 16 benefit year. 17 ‘‘(C) A high-risk applicant receiving benefits 18 with respect to a benefit year shall be subject to 19 testing for controlled substances by the State at any 20 time during the benefit year, with limited notice pro- 21 vided to the applicant of such testing. 22 ‘‘(D) A high-risk applicant who is tested for 23 controlled substances under— 24 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 4 •HR 1121 IH ‘‘(i) subparagraph (A) or (C) shall be re- 1 sponsible for the cost of such test if the indi- 2 vidual tests positive for any such substance; and 3 ‘‘(ii) subparagraph (B)(i)(II) shall be re- 4 sponsible for the cost of such test. 5 ‘‘(2) For purposes of this subsection— 6 ‘‘(A) the term ‘benefit year’ means the benefit 7 year as defined in the applicable State law; 8 ‘‘(B) the term ‘controlled substance’— 9 ‘‘(i) means a drug or other substance se- 10 lected by the State to be included in drug test- 11 ing under this subsection; and 12 ‘‘(ii) does not include any drug or other 13 substance used by the applicant pursuant to a 14 valid prescription or as otherwise authorized by 15 law; 16 ‘‘(C) the term ‘high-risk applicant’, with respect 17 to a benefit year, means an individual who is deter- 18 mined by the State to have a high risk of substance 19 abuse based on the results of a substance abuse risk 20 assessment administered under paragraph (1)(A)(i); 21 and 22 ‘‘(D) the term ‘substance abuse risk assess- 23 ment’ means a screening instrument, approved by 24 the Director of the National Institutes of Health, de- 25 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 5 •HR 1121 IH signed to determine whether an individual has a 1 high risk of substance abuse.’’. 2 (b) NO MERIT STAFFING REQUIREMENTS.—Section 3 303(a)(1) of the Social Security Act (42 U.S.C. 503(a)(1)) 4 shall not be construed in such a manner as to apply the 5 merit staffing requirements in section 900.603 of title 5, 6 Code of Federal Regulations, as in effect on October 1, 7 2011, to the implementation of section 303(l) of such Act 8 (as amended by subsection (a)). 9 (c) FUNDING FOR SUBSTANCE ABUSE TESTING.— 10 (1) FUNDING FROM IPAB.—Section 1899A(m) 11 of the Social Security Act (42 U.S.C. 1395kkk(m)) 12 is amended— 13 (A) in paragraph (1), in the matter pre- 14 ceding subparagraph (A), by striking ‘‘to the 15 Board to carry’’ and inserting ‘‘for the purposes 16 of carrying out section 303(l), and, if any funds 17 remain in the fiscal year involved, for the Board 18 for the purpose of carrying’’; and 19 (B) by striking paragraph (2). 20 (2) FUNDING FROM THE CO-OP PROGRAM.— 21 Section 1322(g) of the Patient Protection and Af- 22 fordable Care Act (42 U.S.C. 18042(g)) is amended 23 by striking ‘‘to carry out this section’’ and inserting 24 ‘‘to carry out section 303(l) of the Social Security 25 VerDate Sep 11 2014 00:00 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1121.IH H1121 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 1121 IH Act, to the extent funds are necessary to carry out 1 such section after the application of section 2 1899A(m)(1) of such Act’’. 3 Æ VerDate Sep 11 2014 00:00 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H1121.IH H1121 pamtmann on DSKBFK8HB2PROD with BILLS