Cruz-Sponsored Resolution to Disapprove Obama Administration Drug-Testing Rule Will Receive a Vote in the U.S. Senate

WASHINGTON, D.C. - Today, the U.S. Senate began debating a resolution sponsored by U.S. Sen. Ted Cruz (R-Texas) that would disapprove and nullify a drug testing rule issued by the U.S. Department of Labor on August 1, 2016. That rule limited states’ congressionally intended discretion in implementing their unemployment compensation and unemployment insurance programs. Sen. Cruz’s Congressional Review Act (CRA) resolution of disapproval would roll back this rule, yet another example of the blatant executive overreach that characterized the Obama administration and ran counter to Congressional intent. The resolution was originally introduced and passed in the U.S. House of Representatives by U.S. Rep. Kevin Brady (R-Texas), chairman of the House Ways and Means Committee.

“The wording the 2012 Job Creation Act provision clearly shows that Congress specifically intended to provide states the ability to determine how to best implement these programs for their citizens,” said Sen. Cruz. “However, President Obama’s Department of Labor substantially narrowed the law to circumstances where testing is legally required, not just merely allowed.  Such an arbitrarily narrow definition undermines the ability of states to conduct drug testing in their programs as permitted by Congress. This regulation is overly prescriptive, removes state discretion regarding implementation, and ignores years of Congressional concern.” 

In the bipartisan Middle Class Tax Relief and Job Creation Act of 2012, Congress permitted, but did not require, states to assess state unemployment compensation or insurance program applicants for drug usage under two circumstances: (1) workers who had been discharged from their last job because of unlawful drug use and (2) workers looking for jobs in occupations where applicants and employees are subject to drug testing. If passed, the resolution of disapproval will once again provide states the ability to determine how to best implement these programs for their citizens.

A Senate vote on the resolution is expected Tuesday, and it needs 51 affirmative votes to pass. For the full text of the resolution, click here.

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