TANF Substance Abuse Prevention Act

Summary: 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.

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.