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DOL/ETA RIN: 1205-AB63 Publication ID: Spring 2013 
Title: Middle Class Tax Relief and Job Creation Act of 2012 Provision on Establishing Appropriate Occupations for Drug Testing of Unemployment Compensation Applicants 
Abstract: The Employment and Training Administration of the U.S. Department of Labor (Department) proposes to establish in regulations the occupations that regularly conduct drug testing for State Unemployment Insurance (UI) program purposes. Section 2105 of the Middle Class Tax Relief and Job Creation Act of 2012 (Pub. L. 112-96) amended section 303 of the Social Security Act (42 USC sec. 303) to permit States to enact legislation that would allow State UI programs to conduct drug testing on applicants for whom suitable work (as defined under the State law) is only available in an occupation that regularly conducts drug testing or if the applicant was discharged for unlawful use of drugs. States may deny UI benefits to an applicant that tests positive for drug use under the circumstances just described. The Department is required under section 2105 of the Middle Class Tax Relief and Job Creation Act of 2012 to determine and establish in regulations those occupations that regularly conduct drug testing. 
Agency: Department of Labor(DOL)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: 20 CFR 620   
Legal Authority: PL 112-96    title III, Social Security Act (42 USC 301 et seq)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  10/00/2013 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: State 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Gay Gilbert
Administrator, Office of Unemployment Insurance
Department of Labor
Employment and Training Administration
Room S4231, 200 Constitution Avenue NW., FP Building, Room S-4524,
Washington, DC 20210
Phone:202 693-3029
Email: gilbert.gay@dol.gov