[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3656 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3656

    To require States to withhold assistance to applicants for, and 
 recipients of temporary assistance for needy families with respect to 
    whom there is substantial evidence of recent unlawful drug use.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 25, 2007

 Mr. English of Pennsylvania (for himself and Mr. Weller of Illinois) 
 introduced the following bill; which was referred to the Committee on 
                             Ways and Means

_______________________________________________________________________

                                 A BILL


 
    To require States to withhold assistance to applicants for, and 
 recipients of temporary assistance for needy families with respect to 
    whom there is substantial evidence of recent unlawful drug use.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. WITHHOLDING OF ASSISTANCE TO APPLICANTS FOR, AND RECIPIENTS 
              OF TEMPORARY ASSISTANCE FOR NEEDY FAMILIES WITH RESPECT 
              TO WHOM THERE IS SUBSTANTIAL EVIDENCE OF RECENT UNLAWFUL 
              DRUG USE.

    (a) Requirements.--Section 408(a) of the Social Security Act (42 
U.S.C. 608(a)) is amended by adding at the end the following:
            ``(12) Drug testing requirements.--A State to which a grant 
        is made under section 403(a) for a fiscal year shall--
                    ``(A) require an individual who has applied for, or 
                is a recipient of, assistance from the State program 
                funded under this part to undergo a physical test 
                designed to detect the use by the individual of any 
                controlled substance (as defined in section 102(6) of 
                the Controlled Substances Act) if the State has 
                substantial evidence that the individual has unlawfully 
                used such a substance in the 6-month period ending with 
                the date of the test;
                    ``(B) if a test administered pursuant to this 
                paragraph indicates that the individual has used such a 
                substance in the 6-month period referred to in 
                subparagraph (A), or if the State otherwise determines 
                (on the basis of such indicators as the State may 
                establish) that an individual is likely to have 
                unlawfully used such a substance in the 6-month 
                period--
                            ``(i) ensure that the self-sufficiency plan 
                        developed under section 408(b) with respect to 
                        the individual addresses the use of the 
                        substance; and
                            ``(ii) suspend the provision of cash 
                        assistance under the program to the family of 
                        the individual until a subsequent such test 
                        indicates that the individual has not been 
                        using the substance; and
                            ``(iii) require, as a condition of 
                        providing any benefit under the program to the 
                        family of the individual, that the individual 
                        comply with the self-sufficiency plan, 
                        including the provisions of the plan that 
                        address the use of the substance, and undergo 
                        additional such tests every 30 or 60 days, as 
                        the State deems appropriate; and
                    ``(C) terminate for 3 years the participation in 
                the program of the family of any individual who tests 
                positive for the use of such a substance in such number 
                of consecutive tests administered pursuant to this 
                paragraph (which shall be not less than 3 and not more 
                than 6) as the State deems appropriate.''.
    (b) Penalty for Noncompliance.--Section 409(a) of such Act (42 
U.S.C. 609(a)) is amended by adding at the end the following:
            ``(15) Penalty for failure to comply with drug testing 
        requirements.--If the Secretary determines that a State has not 
        complied with section 408(a)(12) during a 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 not less than 5 percent and not more than 10 
        percent of the State family assistance grant, as the Secretary 
        deems appropriate based on the frequency and severity of the 
        noncompliance.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the 1st day of the 1st calendar quarter beginning 1 year or 
more after the date of the enactment of this Act.
                                 <all>