Drug testing program for applicants for and recipients of assistance under State TANF programs

(a)

State plan requirement of drug testing program

Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is amended by adding at the end the following:

(8)

Certification that the State will operate an illegal drug use testing program

(A)

In general

A certification by the chief executive officer of the State that the State will— (i)operate a program to conduct, in a calendar year, random testing for the use of illegal drugs (as defined in section 408(a)(13)(G)(i)) of a number of applicants for assistance under the program referred to in paragraph (1) that is not less than 20 percent of the number of applicants who applied for the assistance in the preceding calendar year (after having signed a waiver of constitutional rights with respect to the testing); and (ii)deny the assistance to applicants who test positive for illegal drug use or who are convicted of drug-related crimes, as required by such section. (B)

Requirement for continued testing

The program described in subparagraph (A)(i) shall include a plan to continue testing individuals receiving assistance under the program referred to in paragraph (1) for illegal drug use at random or set intervals after the initial testing of the individuals, at the discretion of the State agency administering the program so referred to.

(b)

Requirement that applicants and individuals receiving assistance be tested for illegal drug use

Section 408(a) of such Act (42 U.S.C. 608(a)) is amended by adding at the end the following:

(13)

Requirement for drug testing; denial of assistance for individuals found to have used illegal drugs and individuals convicted of drug-related offenses

(A)

In general

A State to which a grant is made under section 403 shall operate a drug testing program that complies with the requirements of subparagraphs (A)(i) and (B) of section 402(a)(8). (B)

Waiver of constitutional rights

The State may not use any part of the grant to provide assistance to any individual who has not signed a waiver of constitutional rights with respect to testing conducted pursuant to subparagraph (A). In the case of an individual who is receiving assistance under the State program funded under this part on the effective date of this paragraph, or whose application for the assistance is approved before such date if the assistance has not begun as of such date, a State may not provide the assistance to the individual unless the individual has signed such a waiver not later than 90 days after such date. (C)

Denial of assistance for individuals who test positive for illegal drug use and individuals convicted of drug-related crimes

In the case of— (i)an individual who tests positive for illegal drug use under the program described in subparagraph (A); or (ii)an individual who is convicted of a drug-related crime after the effective date of this paragraph;

the State shall not provide assistance to the individual under the State program funded under this part until the expiration of the waiting period described in subparagraph (D).

(D)

Waiting period after denial of benefits

The waiting period described in this subparagraph shall extend 1 year after the date on which the individual is denied assistance under subparagraph (C). (E)

Permanent denial of assistance after third drug-related denial

In the case of an individual who is denied assistance under subparagraph (C) 3 times, as a result of 3 separate positive tests for illegal drug use, 3 separate convictions for drug-related crimes (not including convictions that are imposed concurrently in time), or any combination of 3 such separate tests or convictions, a State may not provide assistance to the individual under the State program funded under this part after the 3rd such test or conviction. (F)

Limitation on waiver authority

The Secretary may not waive the provisions of this paragraph under section 1115. (G)

Definitions

In this paragraph: (i)

Illegal drug

The term illegal drug means a controlled substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802). (ii)

Drug-related crime

The term drug-related crime means any crime involving the possession, use, or sale of an illegal drug.

(c)

Penalty for failure To implement illegal drug use testing program

Section 409(a) of such Act (42 U.S.C. 609(a)) is amended by adding at the end the following:

(17)

Penalty for failure to implement illegal drug use testing program

If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(13) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 10 percent of the State family assistance grant.

(d)

Effective date

(1)

In general

Except as provided in paragraph (2), the amendments made by this section shall take effect on the 1st day of the 1st calendar quarter that begins on or after the date that is 1 year after the date of the enactment of this Act. (2)

Delay permitted if State legislation required

In the case of a State plan under section 402(a) of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this Act, the State plan shall not be regarded as failing to comply with the requirements of such section 402(a) solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.