Drug Testing for Welfare Recipients Act
Bill: H.R.3678 | Sponsor: Rep. Rouzer, David (R-NC)
Policy area: Social Welfare

Summary:
Drug Testing for Welfare Recipients Act
This bill requires the Temporary Assistance for Needy Families (TANF) program, the Supplemental Nutrition Assistance Program, and specified public housing programs to subject individuals to substance-abuse screening and to deny benefits for individuals who test positive for a controlled substance.

To require certain welfare programs to deny benefits to persons who 
               fail a drug test, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Drug Testing for Welfare Recipients 
Act''.

SEC. 2. DRUG SCREENING AND TESTING UNDER STATE PROGRAMS FOR TEMPORARY 
              ASSISTANCE FOR NEEDY FAMILIES.

    (a) Prohibition.--Section 408(a) of the Social Security Act (42 
U.S.C. 608(a)) is amended by adding at the end the following:
            ``(13) No assistance for individuals who fail drug 
        screening or testing or are not screened or tested for drug 
        use.--
                    ``(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 for an individual who has 
                attained 18 years of age, unless, before receipt of the 
                assistance--
                            ``(i) the State makes a determination, in a 
                        manner the State considers appropriate, of 
                        whether the individual has or has not been 
                        arrested for a drug-related offense during the 
                        5-year period immediately preceding the date on 
                        which the determination is made;
                            ``(ii) in the case of an individual who is 
                        determined by the State to have been arrested 
                        for a drug-related offense during the 5-year 
                        period provided in clause (i), the individual 
                        tests negative for not less than 1 controlled 
                        substance, as specified by the State, in such 
                        manner and at such times as the State 
                        determines to be appropriate; and
                            ``(iii) in the case of an individual who is 
                        determined by the State not to have been 
                        arrested for a drug-related offense during the 
                        5-year period provided in clause (i), the 
                        individual--
                                    ``(I) completes substance abuse 
                                screening in such manner and at such 
                                times as the State considers 
                                appropriate; and
                                    ``(II)(aa) is determined pursuant 
                                to such screening not to have a high 
                                risk of abuse of a controlled 
                                substance; or
                                    ``(bb) is determined pursuant to 
                                such screening to have a high risk of 
                                abuse of a controlled substance and 
                                tests negative for not less than 1 
                                controlled substance, as specified by 
                                the State, in such manner and at such 
                                times as the State determines to be 
                                appropriate.
                    ``(B) Effect of failing drug test.--In the case of 
                an individual who tests positive for a controlled 
                substance pursuant to subparagraph (A)(ii) or 
                (A)(iii)(II)(bb), a State shall not provide assistance 
                under the State program funded under this part for the 
                individual for a period beginning on the date on which 
                the State determines that the test result is positive 
                and ending on the latest of--
                            ``(i) the date that is 12 months after the 
                        date on which the State determines that the 
                        test result is positive;
                            ``(ii) the date on which the individual 
                        successfully completes a treatment program for 
                        each controlled substance for which the 
                        individual tested positive; or
                            ``(iii) the date on which the individual 
                        tests negative for each such controlled 
                        substance, in such manner and at such times as 
                        the State determines to be appropriate.
                    ``(C) Responsibility for testing and screening.--
                            ``(i) Manner and time.--A State may provide 
                        for testing and screening pursuant to paragraph 
                        (1), and retesting and rescreening pursuant to 
                        paragraph (2), in such manner and at such times 
                        as the State agency considers appropriate.
                            ``(ii) Costs.--A State may not require an 
                        individual to pay the cost of testing or 
                        screening conducted pursuant to this paragraph.
                    ``(D) No effect on assistance for other family 
                members.--The amount of assistance payable for a family 
                member of an individual for whom assistance is denied 
                pursuant to this paragraph shall not be affected by the 
                denial.
                    ``(E) Definitions.--In this paragraph:
                            ``(i) Controlled substance.--The term 
                        `controlled substance' means, with respect to 
                        an individual, any controlled substance as 
                        defined in section 102 of the Controlled 
                        Substances Act (21 U.S.C. 802) that is not used 
                        by such individual pursuant to a valid 
                        prescription or as otherwise authorized by law.
                            ``(ii) Drug-related offense.--The term 
                        `drug-related offense' means any criminal 
                        offense under State or Federal law relating to 
                        the manufacture, sale, distribution, use, or 
                        possession with intent to manufacture, sell, 
                        distribute, or use, of a controlled substance.
                            ``(iii) Substance abuse screening.--The 
                        term `substance abuse screening' means an 
                        interview, questionnaire, or other screening 
                        instrument approved by the State, that is 
                        designed to be used to determine whether an 
                        individual has a high risk of abuse of a 
                        controlled substance.''.
    (b) Penalty.--
            (1) In general.--Section 409(a) of such Act (42 U.S.C. 
        609(a)) is amended by adding at the end the following:
            ``(17) Failure to condition receipt of benefits on passing 
        drug testing or screening.--If the Secretary determines that a 
        State to which a grant is made under section 403 for a fiscal 
        year has substantially failed to comply with section 408(a)(13) 
        during the fiscal year, the Secretary shall reduce the grant 
        payable to the State under section 403 for the immediately 
        succeeding fiscal year by an amount equal to 15 percent of the 
        State family assistance grant.''.
            (2) Inapplicability of good cause exception.--Section 
        409(b)(2) of such Act (42 U.S.C. 609(b)(2)) is amended by 
        striking ``or (13)'' and inserting ``(13), or (17)''.
            (3) Inapplicability of corrective compliance plan 
        requirement.--Section 409(c)(4) of such Act (42 U.S.C. 609(c)) 
        is amended by striking ``or (16)'' and inserting ``(16), or 
        (17)''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the first day of the first calendar month that begins after 
the 240-day period that begins with the date of the enactment of this 
Act.

SEC. 3. DRUG SCREENING AND TESTING UNDER THE SUPPLEMENTAL NUTRITION 
              ASSISTANCE PROGRAM.

    (a) Drug Testing and Screening Required for Eligibility.--Section 6 
of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is amended by 
adding at end the following:
    ``(t) Eligibility Based on Required Drug Testing and Screening.--
            ``(1) In general.--An individual who has attained 18 years 
        of age and who is otherwise eligible to participate in the 
        supplemental nutrition assistance program as a member of a 
        household shall be eligible to participate in such program only 
        if before such assistance is provided with respect to such 
        individual--
                    ``(A) the State determines, in a manner the State 
                considers appropriate, whether such individual has or 
                has not been arrested for a drug-related offense during 
                the 5-year period ending on the date on which the 
                determination is made;
                    ``(B) in the case of an individual who is 
                determined by the State to have been arrested for a 
                drug-related offense during such 5-year period, such 
                individual tests negative for not less than 1 
                controlled substance, as specified by the State, in 
                such manner and at such times as the State considers 
                appropriate; and
                    ``(C) in the case of an individual who is 
                determined by the State not to have been arrested for a 
                drug-related offense during such 5-year period, such 
                individual--
                            ``(i) completes substance abuse screening, 
                        in such manner and at such times as the State 
                        considers appropriate; and
                            ``(ii)(I) is determined pursuant to such 
                        screening not to have a high risk of abuse of a 
                        controlled substance; or
                            ``(II) is determined pursuant to such 
                        screening to have a high risk of abuse of a 
                        controlled substance and tests negative for not 
                        less than 1 controlled substance, as specified 
                        by the State, in such manner and at such times 
                        as the State considers appropriate.
            ``(2) Effect of a positive drug test result.--If an 
        individual tests positive for a controlled substance pursuant 
        to paragraph (1), such assistance may not be provided with 
        respect to such individual for a period beginning on the date 
        on which the State agency determines that the test result is 
        positive and ending on the latest of--
                    ``(A) the date that is 1 year after the date on 
                which the State agency determines that the test result 
                is positive;
                    ``(B) the date on which such individual 
                successfully completes a treatment program for each 
                controlled substance for which the individual tested 
                positive pursuant to paragraph (1); and
                    ``(C) the date by which the test result for such 
                individual is not positive for each controlled 
                substance for which the individual tested positive 
                pursuant to paragraph (1).
            ``(3) Responsibility for testing and screening.--
                    ``(A) The State agency may provide for testing and 
                screening pursuant to paragraph (1), and retesting and 
                rescreening pursuant to paragraph (2), in such manner 
                and at such times as the State agency considers 
                appropriate.
                    ``(B) The State agency may not require an 
                individual or a household to pay the cost of a test or 
                screening conducted pursuant to this subsection.
            ``(4) Definitions.--For purposes of this subsection:
                    ``(A) Controlled substance.--The term `controlled 
                substance' means a controlled substance as defined in 
                section 102 of the Controlled Substances Act (21 U.S.C. 
                802) that is not used by the tested individual pursuant 
                to a valid prescription or as otherwise authorized by 
                law.
                    ``(B) Drug-related offense.--The term `drug-related 
                offense' means any criminal offense under State or 
                Federal law relating to the manufacture, sale, 
                distribution, use, or possession with intent to 
                manufacture, sell, distribute, or use, of a controlled 
                substance.
                    ``(C) Substance abuse screening.--The term 
                `substance abuse screening' means an interview, 
                questionnaire, or other screening instrument approved 
                by the State, that is designed to be used to determine 
                whether an individual has a high risk of abuse of a 
                controlled substance.''.
    (b) Reduction of Reimbursement for Administrative Costs.--Section 
16 of the Food and Nutrition Act of 2008 (7 U.S.C. 2025) is amended--
            (1) in subsection (a) by striking ``subsection (k)'' and 
        inserting ``subsections (k) and (l)'', and
            (2) by adding at end the following:
    ``(l) Failure To Enforce Drug Testing and Screening Requirements.--
If the Secretary determines that the State agency failed substantially 
to enforce the eligibility requirement established in section 6(t) in a 
fiscal year, the Secretary shall reduce by 15 percent the amount 
otherwise payable under subsection (a) to such State agency for the 
immediately succeeding fiscal year.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 240 days after the date of the enactment of this Act.

SEC. 4. DRUG SCREENING AND TESTING UNDER PUBLIC HOUSING AND SECTION 8 
              RENTAL ASSISTANCE PROGRAMS.

    (a) Prohibition.--Section 214 of the Housing and Community 
Development Act of 1980 (42 U.S.C. 1436a) is amended by adding at the 
end the following:
    ``(j) Prohibition of Housing Assistance for Individuals Who Fail 
Drug Screening or Testing or Are Not Screened or Tested.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the applicable administrative entity may not make covered 
        housing assistance available for the benefit of any individual 
        who has attained 18 years of age, unless, before such 
        assistance is provided with respect to such individual--
                    ``(A) the applicable administrative entity makes a 
                determination, in a manner the entity considers 
                appropriate, of whether the individual has or has not 
                been arrested for a drug-related offense during the 5-
                year period immediately preceding the date on which the 
                determination is made;
                    ``(B) in the case of an individual who is 
                determined by the applicable administrative entity to 
                have been arrested for a drug-related offense during 
                the 5-year period provided in subparagraph (A), the 
                individual tests negative for each controlled substance 
                that the entity has determined to be appropriate for 
                testing; and
                    ``(C) in the case of an individual who is 
                determined by the applicable administrative entity not 
                to have been arrested for a drug-related offense during 
                the 5-year period provided in clause (i), the 
                individual--
                            ``(i) completes substance abuse screening 
                        in such manner and at such times as the entity 
                        considers appropriate; and
                            ``(ii)(I) is determined pursuant to such 
                        screening not to have a high risk of abuse of a 
                        controlled substance; or
                            ``(II) is determined pursuant to such 
                        screening to have a high risk of abuse of a 
                        controlled substance and tests negative for 
                        each controlled substance that the entity has 
                        determined to be appropriate for testing.
        The applicable administrative entity shall determine that not 
        less than 1 controlled substance, as specified by the entity, 
        is appropriate for testing for purposes of this paragraph.
            ``(2) Effect of failing drug test.--If an individual tests 
        positive for a controlled substance pursuant to paragraph 
        (1)(B) or (1)(C)(ii)(II), covered housing assistance may not be 
        provided with respect to such individual for the period 
        beginning on the date on which the applicable administrative 
        entity determines that the test result is positive and ending 
        on the latest of--
                    ``(A) the date that is 12 months after the date on 
                which the applicable administrative entity determines 
                that the test result is positive;
                    ``(B) the date on which the individual successfully 
                completes a treatment program for each controlled 
                substance for which the individual tested positive; and
                    ``(C) the date on which the individual tests 
                negative for each such controlled substance, in such 
                manner and at such times as the applicable 
                administrative entity determines to be appropriate.
            ``(3) Responsibility for testing and screening.--
                    ``(A) Manner and time.--An applicable 
                administrative entity may provide for testing and 
                screening pursuant to paragraph (1), and retesting and 
                rescreening pursuant to paragraph (2), in such manner 
                and at such times as the entity determines to be 
                appropriate.
                    ``(B) Costs.--An applicable administrative entity 
                may not require an individual or family to pay the cost 
                of a test or screening conducted pursuant to this 
                subsection.
            ``(4) Proration of financial assistance.--If an individual 
        for whose benefit covered housing assistance is prohibited 
        pursuant to this subsection is a member of family that includes 
        at least one other member whose eligibility under this 
        subsection for such assistance has been affirmatively 
        established pursuant to testing under this subsection, covered 
        housing assistance made available to such family shall be 
        prorated, based on the number of individuals in the family for 
        whom eligibility under this subsection for such assistance has 
        been affirmatively established pursuant to testing under this 
        subsection as compared with the total number of individuals who 
        are members of the family.
            ``(5) Failure to enforce drug testing requirement.--If the 
        Secretary of Housing and Urban Development determines that a 
        public housing agency has substantially failed to comply with 
        this subsection during a fiscal year, the Secretary shall 
        reduce by 15 percent the amount otherwise provided to the 
        agency, for the immediately succeeding fiscal year, under each 
        of the following programs:
                    ``(A) The public housing Capital Fund program under 
                section 9(d) of the United States Housing Act of 1937 
                (42 U.S.C. 1437g(d)).
                    ``(B) The public housing Operating Fund program 
                under section 9(e) of the United States Housing Act of 
                1937 (42 U.S.C. 1437g(e)).
                    ``(C) All programs for rental housing assistance 
                under section 8 of the United States Housing Act of 
                1937 (42 U.S.C. 1437f).
            ``(6) Use of housing assistance amounts for testing.--
        Notwithstanding any other provision of law, amounts made 
        available under the following provisions of law may be used for 
        costs of testing individuals for controlled substances for 
        purposes of compliance with this section, as follows:
                    ``(A) Amounts made available under the public 
                housing Operating Fund program under section 9(e) of 
                the United States Housing Act of 1937 (42 U.S.C. 
                1437g(e)) may be used for such testing for residents 
                of, and applicants for residency in, public housing.
                    ``(B) Amounts made available to a public housing 
                agency for administrative fees under section 8(q) of 
                the United States Housing Act of 1937 (42 U.S.C. 
                1437f(q)) may be used for such testing for individuals 
                on behalf of whom rental assistance under such section 
                is provided by the agency and applicants for such 
                assistance.
                    ``(C) Amounts made available for project-based 
                rental assistance under section 8 of the United States 
                Housing Act of 1937 (42 U.S.C. 1437f) may be used for 
                such testing for residents of, and applicants for 
                residency in, dwelling units in housing projects for 
                which such assistance is provided.
            ``(7) Definitions.--For purposes of this subsection, the 
        following definitions shall apply:
                    ``(A) Applicable administrative entity.--The term 
                `applicable administrative entity' means--
                            ``(i) a public housing agency, with respect 
                        to covered housing assistance administered by 
                        such agency; and
                            ``(ii) the Secretary, with respect to 
                        project-based rental assistance under section 8 
                        of the United States Housing Act of 1937 (42 
                        U.S.C. 1437f).
                    ``(B) Controlled substance.--The term `controlled 
                substance' means, with respect to an individual, a 
                controlled substance as defined in section 102 of the 
                Controlled Substances Act (21 U.S.C. 802) that is not 
                used by such individual pursuant to a valid 
                prescription or as otherwise authorized by law.
                    ``(C) Covered housing assistance.--The term 
                `covered housing assistance' means financial assistance 
                made available pursuant to the United States Housing 
                Act of 1937 (42 U.S.C. 1437 et seq.).
                    ``(D) Drug-related offense.--The term `drug-related 
                offense' means any criminal offense under State or 
                Federal law relating to the manufacture, sale, 
                distribution, use, or possession with intent to 
                manufacture, sell, distribute, or use, of a controlled 
                substance.
                    ``(E) Substance abuse screening.--The term 
                `substance abuse screening' means an interview, 
                questionnaire, or other screening instrument approved 
                by the applicable administrative entity that is 
                designed to be used to determine whether an individual 
                has a high risk of abuse of a controlled substance.
            ``(8) Other provisions of law.--This subsection may not be 
        construed to affect the applicability of any provision of 
        section 576 or 577 of the Quality Housing and Work 
        Responsibility Act of 1998 (42 U.S.C. 13661, 13662) or of 
        sections 6(l), 8(o)(7), or 16(f) of the United States Housing 
        Act of 1937 (42 U.S.C. 1437n(f)), except that the Secretary of 
        Housing and Urban Development shall ensure that any standards 
        or lease provisions established pursuant to such sections are 
        consistent with this subsection.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the first day of the first calendar month that begins after 
the expiration of the 240-day period beginning on the date of the 
enactment of this Act.
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