TANF Substance Abuse Prevention Act - 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 screen and test all TANF applicants and recipients of assistance for illegal drug use.
Requires state TANF programs to deny assistance to individuals who have not been screened for the use of illegal drugs, or who, having been found as a result of the screening to have a high risk of substantive abuse, have not been tested for the use of illegal drugs.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1069 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1069
To amend title IV of the Social Security Act to require States to
implement a drug screening and testing program for applicants for and
recipients of assistance under the Temporary Assistance for Needy
Families (TANF) program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 12, 2013
Mr. Boustany 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 screening and testing program for applicants for and
recipients of assistance under the Temporary Assistance for Needy
Families (TANF) program, and for other purposes.
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 ``TANF Substance Abuse Prevention
Act''.
SEC. 2. DRUG SCREENING AND 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 screening and testing program.--
``(A) In general.--A certification by the chief
executive officer of the State that the State will
operate a program in accordance with section 408(a)(13)
to screen all applicants for assistance under the State
program funded under this part, and all individuals
described in subparagraph (C) of such section, for the
use of illegal drugs (as defined in subparagraph (E) of
such section), and to test all such applicants and
individuals who are found as a result of the screening
to have a high risk of substance abuse.
``(B) Authority for continued testing.--The program
described in subparagraph (A) may include a plan to
continue screening or testing individuals receiving
assistance under the State program funded under this
part for illegal drug use at random or set intervals
after the initial screening or testing of the
individuals, at the discretion of the State agency
administering such State program.''.
(b) Requirement That Applicants and Individuals Receiving
Assistance Be Screened, and if Necessary 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:
``(13) Requirement for drug screening and testing; denial
of assistance for individuals not screened, or if necessary,
tested for the use of illegal drugs.--
``(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 screened for the use of illegal drugs, or who,
having been found as a result of the screening to have
a high risk of substance abuse, has not been tested for
the use of illegal drugs, under the program required
under section 402(a)(8).
``(B) Screening method.--The method by which
substance abuse screening is to be conducted under this
paragraph is by means of a survey that has been shown
to be effective in identifying likely substance abuse
and that is administered by an interview or a self-
administered test designed to determine whether an
individual should be further evaluated for substance
abuse.
``(C) 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
this paragraph, or whose application for assistance is
approved before such date if the assistance has not
begun as of such date, a State may not provide
assistance to the individual unless the individual is
screened for illegal drug use in accordance with this
paragraph after the 3rd month that begins after such
date and, if found as a result of the screening to have
a high risk of substance abuse, is tested for the use
of illegal drugs, under the program so described.
``(D) Limitation on waiver authority.--The
Secretary may not waive the provisions of this
paragraph under section 1115.
``(E) Illegal drug defined.--In this paragraph, the
term `illegal drug' means a controlled substance as
defined in section 102 of the Controlled Substances Act
(21 U.S.C. 802).
``(F) Preservation of assistance for other family
members.--If an individual is denied assistance under
this paragraph, the State shall continue to provide the
assistance that would otherwise be provided in respect
of the other members of the family of the individual,
through protective or vendor payments to a 3rd party
for the benefit of the other family members.''.
(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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Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
Referred to the Subcommittee on Human Resources.
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