Drug Free Families Act of 2015

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. 1. Short title This Act may be cited as the Drug Free Families Act of 2015 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) (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)(13), 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) (13) 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 2015 (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 2015 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 21 U.S.C. 802 (ii) Drug rehabilitation or treatment program The term drug rehabilitation or treatment program (iii) Drug-related crime The term drug-related crime . (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

Summary: Drug Free Families Act of 2015 Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to require state TANF programs to implement a program to test 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.