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DOL/ETA RIN: 1205-AB63 Publication ID: Fall 2015 
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 for State Unemployment Compensation (UC) program purposes the occupations that regularly conduct drug testing. 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 U.S.C. 303) by adding subsection (I) to permit States to enact legislation that would allow State UC programs to conduct drug testing on applicants for whom suitable work (as defined under the State law) is available only in an occupation that regularly conducts drug testing or if the applicant was discharged for unlawful use of drugs. States may deny UC benefits to an applicant who tests positive for drug use under the circumstances just described. The Department is required under 303(I) of the Social Security Act 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: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 20 CFR 620   
Legal Authority: Pub. L. 112-96    title III, Social Security Act (42 U.S.C. 301 et seq)    Secretary's Order No 6-10   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  10/09/2014  79 FR 61013   
NPRM Comment Period End  12/08/2014 
Final Rule  03/00/2016 
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