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DOL/ETA | RIN: 1205-AB81 | Publication ID: Spring 2019 |
Title: Drug Testing by States for Purposes of Determining Unemployment Compensation Eligibility | |
Abstract:
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. |
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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 |
EO 13771 Designation: Fully or Partially Exempt | |
CFR Citation: 20 CFR 620 | |
Legal Authority: Pub. L. 112-96, title III Social Security Act (42 U.S.C. 501 et seq.) Secretary's Order No. 6-2010 |
Legal Deadline:
None |
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Timetable:
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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 |