SECTION 1. WITHHOLDING OF ASSISTANCE TO APPLI-
CANTS 
FOR, 
AND 
RECIPIENTS 
OF 
TEM-
PORARY ASSISTANCE FOR NEEDY FAMILIES 
WITH RESPECT TO WHOM THERE IS SUB-
STANTIAL EVIDENCE OF RECENT UNLAWFUL 
DRUG USE. 
(a) REQUIREMENTS.—Section 408(a) of the Social 
Security Act (42 U.S.C. 608(a)) is amended by adding 
at the end the following: 
‘‘(12) 
DRUG
TESTING
REQUIREMENTS.—A 
State to which a grant is made under section 403(a) 
for a fiscal year shall— 
‘‘(A) require an individual who has applied 
for, or is a recipient of, assistance from the 
State program funded under this part to under-
go a physical test designed to detect the use by 
the individual of any controlled substance (as 
defined in section 102(6) of the Controlled Sub-
stances Act) if the State has substantial evi-
dence that the individual has unlawfully used 
such a substance in the 6-month period ending 
with the date of the test; 
‘‘(B) if a test administered pursuant to 
this paragraph indicates that the individual has 
used such a substance in the 6-month period re-
ferred to in subparagraph (A), or if the State 
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otherwise determines (on the basis of such indi-
cators as the State may establish) that an indi-
vidual is likely to have unlawfully used such a 
substance in the 6-month period— 
‘‘(i) ensure that the self-sufficiency 
plan developed under section 408(b) with 
respect to the individual addresses the use 
of the substance; and 
‘‘(ii) suspend the provision of cash as-
sistance under the program to the family 
of the individual until a subsequent such 
test indicates that the individual has not 
been using the substance; and 
‘‘(iii) require, as a condition of pro-
viding any benefit under the program to 
the family of the individual, that the indi-
vidual comply with the self-sufficiency 
plan, including the provisions of the plan 
that address the use of the substance, and 
undergo additional such tests every 30 or 
60 days, as the State deems appropriate; 
and 
‘‘(C) terminate for 3 years the participa-
tion in the program of the family of any indi-
vidual who tests positive for the use of such a 
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substance in such number of consecutive tests 
administered pursuant to this paragraph (which 
shall be not less than 3 and not more than 6) 
as the State deems appropriate.’’. 
(b) 
PENALTY
FOR
NONCOMPLIANCE.—Section 
409(a) of such Act (42 U.S.C. 609(a)) is amended by add-
ing at the end the following: 
‘‘(15) PENALTY FOR FAILURE TO COMPLY WITH 
DRUG
TESTING
REQUIREMENTS.—If the Secretary 
determines that a State has not complied with sec-
tion 408(a)(12) during a fiscal year, the Secretary 
shall reduce the grant payable to the State under 
section 403(a)(1) for the immediately succeeding fis-
cal year by an amount equal to not less than 5 per-
cent and not more than 10 percent of the State fam-
ily assistance grant, as the Secretary deems appro-
priate based on the frequency and severity of the 
noncompliance.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the 1st day of the 1st cal-
endar quarter beginning 1 year or more after the date of 
the enactment of this Act. 
Æ 
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