Welfare Integrity Act of 2013

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 Welfare Integrity Act of 2013 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— (i) operate a program to conduct, in a calendar year, random testing for the use of illegal drugs (as defined in section 408(a)(13)(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) (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 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 (ii) Drug-related crime The term drug-related crime . (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: (17) 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)(13) 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

Summary: Welfare Integrity Act of 2013 - 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.