SEC. 2. DRUG SCREENING AND TESTING PROGRAM FOR AP-
PLICANTS FOR AND RECIPIENTS OF ASSIST-
ANCE 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 fol-
lowing: 
‘‘(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 TEST-
ING.—The program described in subparagraph 
(A) may include a plan to continue screening or 
testing individuals receiving assistance under 
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the State program funded under this part for il-
legal drug use at random or set intervals after 
the initial screening or testing of the individ-
uals, at the discretion of the State agency ad-
ministering such State program.’’. 
(b) REQUIREMENT THAT APPLICANTS AND INDIVID-
UALS 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 INDIVID-
UALS 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 test-
ed for the use of illegal drugs, under the pro-
gram required under section 402(a)(8). 
‘‘(B) SCREENING METHOD.—The method 
by which substance abuse screening is to be 
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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-adminis-
tered test designed to determine whether an in-
dividual should be further evaluated for sub-
stance 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
AUTHOR-
ITY.—The Secretary may not waive the provi-
sions of this paragraph under section 1115. 
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‘‘(E) ILLEGAL
DRUG
DEFINED.—In this 
paragraph, the term ‘illegal drug’ means a con-
trolled 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 indi-
vidual, through protective or vendor payments 
to a 3rd party for the benefit of the other fam-
ily members.’’. 
(c) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (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 sec-
tion 402(a) of the Social Security Act which the Sec-
retary of Health and Human Services determines re-
quires State legislation (other than legislation appro-
priating funds) in order for the plan to meet the ad-
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ditional requirements imposed by the amendments 
made by this Act, the State plan shall not be re-
garded 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 be-
fore the 1st day of the 1st calendar quarter begin-
ning after the close of the 1st regular session of the 
State legislature that begins after the date of enact-
ment of this Act. For purposes of the previous sen-
tence, in the case of a State that has a 2-year legis-
lative session, each year of such session shall be 
deemed to be a separate regular session of the State 
legislature. 
Æ 
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