JUST IN: Senate Overturns Radical Obama Policy That Summed Up His Entire Presidency
The Senate on Tuesday dealt the final legislative blow to an Obama-era regulation that limited drug testing for individuals seeking unemployment benefits.
The measure, which used the Congressional Review Act’s powers to undo the regulation approved last summer, passed along party lines 51-48. President Donald Trump is expected to sign the legislation, which cleared the House last month.
A 2012 law had said states could only give individuals drug tests when they sought unemployment benefits if they were previously fired for drug use or worked in jobs where drug testing was common.
The 2016 Obama rule listed specific jobs covered by the law. Republicans called that an example of federal overreach.
“As we saw too often, the Obama administration went beyond its legal authority in creating legislation that limits the role of state governments,” said Senate Majority Leader Mitch McConnell, R-Ky.
Other senators said the Obama administration did not follow the spirit of the law Congress approved in 2012.
“The final regulation defined the role of an occupation so narrowly that it basically makes it impossible for states to implement any meaningful drug-testing policy,” said Senate Finance Chairman Orrin Hatch, R-Utah.
Hatch said the Labor Department is now able to write a regulation that better captures the intent of Congress.
“Congress specifically intended to provide states the ability to determine” whom to drug test, said Sen. Ted Cruz, R-Texas. “The Obama Department of Labor substantially narrowed the law to circumstances where testing is legally required, not merely allowed.”
The measure was also supported by Wisconsin Gov. Scott Walker.
“Here in Wisconsin, we want everyone who wants a job to find a job. We frequently hear from employers that they have available jobs but need their workers to be drug-free. That’s why we want to expand drug testing for those seeking public assistance,” Walker said in a statement.
“This is not an effort to prevent people from finding work. In fact, it works to remove barriers to employment. If someone fails a drug test, we will provide treatment to get them healthy and back into the workforce,” Walker said.
“We believe public assistance should be a trampoline, not a hammock, and (the legislation) will empower the people of our state to move from government dependence to true independence by helping them obtain and thrive in a family-supporting career,” Walker added.
The measure was opposed by Democrats
“This idea that there is a presumption of irresponsible conduct and guilt is just baseless,” said Sen. Ron Wyden, D-Ore.
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