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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 

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.

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
Action Date FR Cite
NPRM  11/05/2018  83 FR 55311   
NPRM Comment Period End  01/04/2019 
Final Rule  12/00/2019 
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