H.J.Res.42 – Disapproving the rule submitted by the Department of Labor relating to drug testing of unemployment compensation applicants.

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Week ending February 16, 2017

H.J.Res.42 – Disapproving the rule submitted by the Department of Labor relating to drug testing of unemployment compensation applicants.

Brief

This joint resolution nullifies the rule finalized by the Department of Labor on August 1, 2016, relating to establishing, for state unemployment compensation program purposes, occupations that regularly conduct drug testing.

“Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves the rule submitted by the Department of Labor relating to “Federal-State Unemployment Compensation Program; Middle Class Tax Relief and Job Creation Act of 2012 Provision on Establishing Appropriate Occupations for Drug Testing of Unemployment Compensation Applicants” (published at 81 Fed. Reg. 50298 (August 1, 2016)), and such rule shall have no force or effect.”

Regarding the rule nullified; it permits States to enact legislation to provide for the State-conducted testing of an unemployment compensation applicant for the unlawful use of controlled substances, as a condition of unemployment compensation eligibility, if the applicant was discharged for unlawful use of controlled substances by his or her most recent employer, or if suitable work  is only available in an occupation for which drug testing is regularly conducted. The nullification would allow States to drug test anyone applying for unemployment insurance which may be a violation of the applicatnts 4th amendment rights; protection against unreasonable search and seizure.

Sponsor:  Rep. Brady, Kevin [R-TX-8] (Introduced 01/30/2017)

Status: Passed House /

VOTES and FLOOR ACTION

HOUSE

On Passage:

House Amendments:

Motion to recommit:

Text of the motion:

SENATE

On Passage:

Procedural Actions:

Senate Amendments:

COST AND IMPACT

Cost to the taxpayers:  Data not available

Pay-as-you-go requirements:  Data not available

Regulatory and Other Impact: Data not available

Dynamic Scoring:   Data not available

Tax Complexity:  Not applicable to this bill.

Earmark Certification:  Data not available

Duplication of programs: Data not available

Direct Rule-Making:  Data not available

Advisory Committee Statement: Data not available

Budget Authority: Data not available

Constitutional Authority:   Assumed.

 

More Bill Information:

 

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