03.14.17

Senate Acts to Restore State Authority

‘Today we'll have another opportunity to block a regulation, one that undermines Congressional intent and states' rights. The proposal before us now would end the Obama Administration’s Unemployment Drug Testing Rule and return power to the states so that they can best address this issue at a local level.’

WASHINGTON, D.C. – U.S. Senate Majority Leader Mitch McConnell (R-KY) made the following remarks on the Senate floor today regarding the repeal, through the Congressional Review Act, of an Obama-era regulation that curtains state power:

“Already the Senate has passed seven resolutions to undo harmful regulations that hold our country back.  Using the tools provided under the Congressional Review Act, we've taken action to stop Obama-era rules that have threatened jobs, our economy, and even the success of our students.  Today we'll have another opportunity to block a regulation, one that undermines Congressional intent and states' rights.

“The proposal before us now would end the Obama Administration’s Unemployment Drug Testing Rule and return power to the states so that they can best address this issue at a local level.  Congress granted the Labor Department authority to design a rule regarding states' ability to drug test citizens applying for unemployment insurance, or ‘UI.’ 

“However, as we saw all too often, the Obama Administration went beyond its legal authority in creating a regulation that severely limits the role of state and local governments.  That's why we've heard from several governors — including those from Mississippi, Wisconsin, Utah, and Texas — who've called for Congress to overturn this regulation.

“As they said in a recent letter, the Department of Labor should go back to the drawing board and put forth a ‘new rule that allows increased flexibility for states to implement UI drug testing that best fits the needs of each state.’ With a new, smarter rule, these governors believe their states will be better able to implement drug testing for those seeking unemployment insurance and ‘help individuals suffering from substance abuse to access necessary care and treatment so they may re-enter the workforce as healthy and productive members of society.’

“I want to thank Senator Cruz for his leadership in sponsoring the Senate companion to the bill we’ll vote on today, as well as Senator Cornyn and Senator Hatch, the Finance Committee Chairman, for working to advance this resolution. We should pass it now so that we can restore this power back to these states where it belongs.”

Related Issues: Regulations, Congressional Review Act