On the recordMarch 14, 2017
later today, the Senate will vote on H.J. Res. 42, the resolution of disapproval under the Congressional Review Act relating to a Department of Labor regulation on the drug testing of unemployment insurance applicants. I rise to speak in support of that resolution and to urge my colleagues to vote in favor of its passage. Let's put this resolution and the regulation it would repeal in proper context. In 2012, Congress passed and President Obama signed the Middle Class Tax Relief and Job Creation Act. Among many other things, that law included a number of carefully negotiated provisions relating to the unemployment insurance program, including a number of reforms to address program efficiency and integrity issues. One of those provisions overturned a DOL ban on drug screening for UI applicants. Specifically, the law allowed States to test UI applicants who either lost their job due to drug use or were seeking employment in an occupation that generally required drug tests as a condition of employment. It did not require States to begin drug testing; it only gave them that option. In addition, the law required DOL to issue regulations to define those occupations that regularly conduct drug tests. States would not be allowed to implement any drug testing policies pursuant to the law until the regulations were finalized. DOL issued its proposed regulation in 2014.…





