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.

May 5, 2011

Mr. BOUSTANY introduced the following bill; which was referred to the Committee on Ways and Means

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 2011’.

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 2011, 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 2011;

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.