Administrator, Office of Unemployment Insurance

1205-AB81 201904 Unified Agenda of Federal Regulatory and Deregulatory Actions 1205 Employment and Training Administration ETA 1200 Department of Labor DOL Drug Testing by States for Purposes of Determining Unemployment Compensation Eligibility

On August 1, 2016, ETA, as authorized by section 2105 of the Middle Class Tax Relief and Job Creation Act of 2012 (Public Law 112-96), issued a final rule to establish, for State Unemployment Compensation (UC) program purposes, occupations that regularly conduct drug testing, at 20 CFR 620. Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), Congress passed a joint resolution disapproving the rule, and President Trump signed the resolution into law on March 31, 2017 (Public Law 115-17). As a result of the rescission of 20 CFR 620, states no longer have authority to drug test UC applicants for whom suitable work is only available in occupations that regularly conduct drug testing for unlawful use of controlled substances. The Department issued a new and substantially different Notice of Proposed Rulemaking that identifies the occupations that regularly conduct drug testing for purposes of section 2105 on November 5, 2018. The period for comment on the proposed new rule closed on January 4, 2019.

]]> Other Significant Previously Published in The Unified Agenda Final Rule Stage No No Fully or Partially Exempt 20 CFR 620 Pub. L. 112-96, title III Social Security Act (42 U.S.C. 501 et seq.) Secretary's Order No. 6-2010 No NPRM 11/05/2018 83 FR 55311 NPRM Comment Period End 01/04/2019 Final Rule 12/00/2019 No No State No No No No Gay Gilbert Administrator, Office of Unemployment Insurance 1205 Employment and Training Administration ETA 202 693-3029 gilbert.gay@dol.gov Room S4231, 200 Constitution Avenue NW., FP Building, Room S-4524, Washington DC 20210