[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3615 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3615

  To amend title III of the Social Security Act to require States to 
 implement a drug testing program for applicants for and recipients of 
                       unemployment compensation.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 8, 2011

  Mr. Pearce introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
  To amend title III of the Social Security Act to require States to 
 implement a drug testing program for applicants for and recipients of 
                       unemployment compensation.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Accountability in Unemployment Act 
of 2011''.

SEC. 2. DRUG TESTING PROGRAM FOR APPLICANTS FOR AND RECIPIENTS OF 
              UNEMPLOYMENT COMPENSATION.

    (a) In General.--Section 303 of the Social Security Act (42 U.S.C. 
503) is amended by adding at the end the following:
    ``(l)(1) For purposes of subsection (a), the law of a State shall 
provide that no regular compensation may be paid to an individual 
unless--
            ``(A) the individual is tested for the use of the drugs 
        listed in paragraph (3)(A)--
                    ``(i) if the individual has applied for such 
                compensation and the application has not been approved, 
                before the receipt of such compensation; and
                    ``(ii) in any other case, before the end of the 3-
                month period that begins on the date of the enactment 
                of this subsection; and
            ``(B) the individual tests negative for the use of such 
        drugs or, in the case of an individual who tests positive for 
        the use of such drugs, the individual meets the requirements of 
        paragraph (2).
    ``(2)(A) Except as provided in subparagraph (B), if an individual 
tests positive pursuant to paragraph (1) for the use of any drug listed 
in paragraph (3)(A), no regular compensation may be paid to the 
individual unless--
            ``(i) a 30-day period has elapsed since the results of the 
        test were determined; and
            ``(ii) the individual tests negative for the use of each 
        drug listed in paragraph (3)(A) at the end of such period.
    ``(B) If an individual tests positive pursuant to paragraph (1) for 
the use of any drug listed in paragraph (3)(A) three or more times 
(whether for the same or a different drug), no regular compensation may 
be paid to the individual unless--
            ``(i) a 5-year period has elapsed since the results of the 
        last test were determined; and
            ``(ii) the individual tests negative for the use of each 
        drug listed in paragraph (3)(A) at the end of such period.
    ``(3)(A) In conducting drug testing pursuant to paragraph (1), the 
State shall test for each of the following:
            ``(i) Marijuana.
            ``(ii) Cocaine.
            ``(iii) Opiates.
            ``(iv) Amphetamines.
            ``(v) Methamphetamine.
            ``(vi) Phencyclidine.
            ``(vii) Heroin.
            ``(viii) Lysergic acid diethyliamide.
            ``(ix) 3,4-methylenedioxy amphetamine.
    ``(B) A positive test for a drug listed in subparagraph (A) shall 
be treated as a negative test for purposes of this subsection if such 
drug was used pursuant to a valid prescription or as otherwise 
authorized by law.
    ``(4) The State shall require each individual who is tested 
pursuant to paragraph (1) to pay the portion of the cost of the drug 
testing that pertains to such individual. If such individual tests 
negative for the use of each drug listed in paragraph (3)(A) and the 
State provides regular compensation to the individual, the State shall 
increase the first payment of such compensation in an amount equal to 
the amount paid by the individual under this paragraph for the drug 
testing.
    ``(5) In this subsection, the term `regular compensation' has the 
meaning given such term in section 205 of the Federal-State Extended 
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).''.
    (b) Effective Date.--The amendment made by this section shall take 
effect 1 year after the date of the enactment of this Act.
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