Welfare Integrity Act of 2011 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to require state TANF programs to operate a program to conduct random testing of TANF applicants and recipients for illegal drug use.
Requires state TANF programs to deny assistance to individuals who test positive for illegal drugs and individuals convicted of drug-related crimes.
Prescribes an administrative penalty for failure to implement illegal drug use testing.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3193 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3193
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 HOUSE OF REPRESENTATIVES
October 13, 2011
Mr. Fincher introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
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 ``Welfare Integrity 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:
``(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)(12)(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:
``(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 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:
``(16) 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)(12) 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.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E1864-1865)
Referred to the House Committee on Ways and Means.
Referred for a period ending not later than October 17, 2011, (or for a later time if the Chairman so designates) to the Subcommittee on Human Resources, in each case for consideration of such provisions as fall within the jurisdiction of the subcommittee concerned.
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