[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3540 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3540

   To amend title IV of the Social Security Act to require States to 
 implement a drug testing program for applicants for and recipients of 
  assistance under the Temporary Assistance for Needy Families (TANF) 
                                program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 23 (legislative day, September 17), 2008

  Mr. Vitter introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
   To amend title IV of the Social Security Act to require States to 
 implement a drug testing program for applicants for and recipients of 
  assistance under the Temporary Assistance for Needy Families (TANF) 
                                program.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Drug Free Families Act of 2008''.

SEC. 2. 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 new paragraph:
            ``(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 
                operate a program to test all applicants for assistance 
                under the State program funded under this part, and all 
                individuals described in subparagraph (B) of section 
                408(a)(12), for the use of illegal drugs (as defined in 
                subparagraph (G)(i) of such section), and to deny 
                assistance under such State program to individuals who 
                test positive for illegal drug use or who are convicted 
                of drug-related crimes, as required by such section.
                    ``(B) Authority for continued testing.--The program 
                described in subparagraph (A) may include a plan to 
                continue testing individuals receiving assistance under 
                the State program funded under this part for illegal 
                drug use at random or set intervals after the initial 
                testing of such individuals, at the discretion of the 
                State agency administering such State program.''.
    (b) Requirement That Applicants and Individuals Receiving 
Assistance Be Tested for Illegal Drug Use.--Section 408(a) of the 
Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end 
the following new paragraph:
            ``(12) 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 not use any part of the grant 
                to provide assistance to any individual who has not 
                been tested for illegal drug use under the program 
                required under section 402(a)(8).
                    ``(B) Transition rule.--In the case of an 
                individual who is receiving assistance under the State 
                program funded under this part on the effective date of 
                the Drug Free Families Act of 2008, or whose 
                application for assistance is approved before such date 
                if such assistance has not begun as of such date, a 
                State may not provide assistance to such individual 
                unless such individual is tested for illegal drug use 
                under the program described in subparagraph (A) after 
                the 3rd month that begins 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 
                        the Drug Free Families Act of 2008;
                the State shall not provide assistance to the 
                individual under the State program funded under this 
                part unless such individual enters and successfully 
                completes (as determined by the State) a drug 
                rehabilitation or treatment program and does not test 
                positive for illegal drug use in the 6-month period 
                beginning on the date the individual enters such 
                rehabilitation or treatment program. During such 6-
                month period the State may continue to provide 
                assistance to an individual who has not been convicted 
                of a felony drug-related crime, unless the individual 
                tests positive for illegal drug use during such period. 
                The State may test the individual for illegal drug use 
                at random or set intervals, at the discretion of the 
                State, after such period.
                    ``(D) Waiting period after denial of benefits.--In 
                the case of an individual who is denied assistance 
                under subparagraph (C) because of failure to satisfy 
                the requirements of such subparagraph, a State may not 
                provide assistance to such individual under the State 
                program funded under this part at any time during the 
                2-year period beginning on the date the individual is 
                so denied.
                    ``(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 such individual under the State program 
                funded under this part at any time 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.--For purposes of 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 rehabilitation or treatment 
                        program.--The term `drug rehabilitation or 
                        treatment program' means a program determined 
                        by the State to provide treatment that can lead 
                        to the rehabilitation of drug users, but only 
                        if such program complies with all applicable 
                        Federal, State, and local laws and regulations.
                            ``(iii) Drug-related crime.--The term 
                        `drug-related crime' means any crime involving 
                        the possession, use, or sale of an illegal 
                        drug.''.
    (c) 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.
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