UIPL-1-15_Attachment_1_Acc.pdf

ETA Advisory File Text

1 ATTACHMENT I Text of Section 2105 of Pub. L. 112-96 the Middle Class Tax Relief and Job Creation Act of 2012 SEC. 2105. DRUG TESTING OF APPLICANTS. Section 303 of the Social Security Act is amended by adding at the end the following l 1 Nothing in this Act or any other provision of Federal law shall be considered to prevent a State from enacting legislation to provide for A testing an applicant for unemployment compensation for the unlawful use of controlled substances as a condition for receiving such compensation if such applicant i was terminated from employment with the applicant s most recent employer as defined under the State law because of the unlawful use of controlled substances or ii is an individual for whom suitable work as defined under the State law is only available in an occupation that regularly conducts drug testing as determined under regulations issued by the Secretary of Labor or B denying such compensation to such applicant on the basis of the result of the testing conducted by the State under legislation described in subparagraph A . 2 For purposes of this subsection A the term unemployment compensation has the meaning given such term in subsection d 2 A and B the term controlled substance has the meaning given such term in section 102 of the Controlled Substances Act 21 U.S.C. 802 . .