[Congressional Record (Bound Edition), Volume 163 (2017), Part 3]
[Senate]
[Page 4202]
[From the U.S. Government Publishing Office, www.gpo.gov]




                  CONGRESSIONAL REVIEW ACT RESOLUTION

  Mr. CRUZ. Mr. President, I rise to commend the Senate for passing 
S.J. Res. 23, the legislation I introduced that has now passed both 
Houses of Congress, which reins in yet another example of the Obama 
administration's Executive overreach, gives power and flexibility to 
the States, and enables States to deal with the problem of drug use--
the epidemic of drug use--and to craft solutions that help people 
escape addiction and dependence on drugs.
  This resolution was introduced in the House by Chairman Kevin Brady, 
a fellow Texan. It passed the House 236 to 189, with bipartisan 
support. With the Senate's passage of the resolution, we will now be 
sending it to President Trump for his signature.
  This resolution restores congressional intent behind the bipartisan 
Middle Class Tax Relief and Job Creation Act of 2012. The job creation 
act of 2012 permitted, but did not require, States to assess State 
unemployment compensation or insurance program applicants for drug 
usage under two circumstances: where workers had been discharged from 
their last job because of unlawful drug use, or where workers were 
looking for jobs in occupations where applicants and employees are 
subject to drug testing.
  The wording of the 2012 job creation act clearly demonstrated that 
Congress intended to provide States the ability to determine how to 
best implement these plans. A number of States, including my home State 
of Texas, did precisely that, establishing testing and programs to help 
people who had drug dependency and addiction escape from that 
addiction.
  However, years after the law's passage, the Obama Department of Labor 
substantially narrowed the law beyond congressional intent to 
circumstances where testing is legally required, not where it is merely 
permitted. That narrow definition undermined congressional intent and 
it undermined the flexibility of the States. Now, together, we have 
reversed that interpretation.
  I commend my colleagues, and I thank Chairman Brady for his 
leadership in the House and introducing the resolution, and I commend 
all of us for restoring the authority of the States.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Rounds). The Senator from Florida.

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