Ladies and gentlemen: Upon a recommendation from John Albin, I am soliciting comments from you any of you about drug testing in your WIA program populations. In particular: 1. Have any of you had your WIA adult, dislocated worker and/or youth programs engage in drug testing of applicants or participants? 2. At what stage in the application or participation process was this drug testing done? 3. Were you able to use WIA Title I funds to pay for these tests as part of the application or participation costs? 4. Did any program have random drug testing during participation? At the outset, there is some tension between the 4th Amendment Search and Seizure prohibition, and the fact that federal fund recipients must not use drugs while receiving federal program funds. 41 USCA 702(a) (2). Drug testing looks to be an open door to litigation to me. I would appreciate your advice if you have dealt with these kinds of issues. W. Russell Barger, Legal Counsel Nebr. Workforce Development, Dept. of Labor P.O. Box 94600 Lincoln, NE 68508 t. (402) 471-9912 f. (402) 471-9917