Text of US HB 1069 (2013)

I 113TH CONGRESS 1ST SESSION H. R. 1069 To amend title IV of the Social Security Act to require States to implement a drug screening and testing program for applicants for and recipients of assistance under the Temporary Assistance for Needy Families (TANF) program, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 12, 2013 Mr. BOUSTANY introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title IV of the Social Security Act to require States to implement a drug screening and testing pro- gram for applicants for and recipients of assistance under the Temporary Assistance for Needy Families (TANF) program, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘TANF Substance 4 Abuse Prevention Act’’. 5 VerDate Mar 14 2013 16:06 Mar 14, 2013 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1069.IH H1069 tkelley on DSK3SPTVN1PROD with BILLS 2 •HR 1069 IH SEC. 2. DRUG SCREENING AND TESTING PROGRAM FOR AP- 1 PLICANTS FOR AND RECIPIENTS OF ASSIST- 2 ANCE UNDER STATE TANF PROGRAMS. 3 (a) STATE PLAN REQUIREMENT OF DRUG TESTING 4 PROGRAM.—Section 402(a) of the Social Security Act (42 5 U.S.C. 602(a)) is amended by adding at the end the fol- 6 lowing: 7 ‘‘(8) CERTIFICATION THAT THE STATE WILL 8 OPERATE AN ILLEGAL DRUG USE SCREENING AND 9 TESTING PROGRAM.— 10 ‘‘(A) IN GENERAL.—A certification by the 11 chief executive officer of the State that the 12 State will operate a program in accordance with 13 section 408(a)(13) to screen all applicants for 14 assistance under the State program funded 15 under this part, and all individuals described in 16 subparagraph (C) of such section, for the use of 17 illegal drugs (as defined in subparagraph (E) of 18 such section), and to test all such applicants 19 and individuals who are found as a result of the 20 screening to have a high risk of substance 21 abuse. 22 ‘‘(B) AUTHORITY FOR CONTINUED TEST- 23 ING.—The program described in subparagraph 24 (A) may include a plan to continue screening or 25 testing individuals receiving assistance under 26 VerDate Mar 14 2013 16:06 Mar 14, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1069.IH H1069 tkelley on DSK3SPTVN1PROD with BILLS 3 •HR 1069 IH the State program funded under this part for il- 1 legal drug use at random or set intervals after 2 the initial screening or testing of the individ- 3 uals, at the discretion of the State agency ad- 4 ministering such State program.’’. 5 (b) REQUIREMENT THAT APPLICANTS AND INDIVID- 6 UALS RECEIVING ASSISTANCE BE SCREENED, AND IF 7 NECESSARY TESTED, FOR ILLEGAL DRUG USE.—Section 8 408(a) of the Social Security Act (42 U.S.C. 608(a)) is 9 amended by adding at the end the following: 10 ‘‘(13) REQUIREMENT FOR DRUG SCREENING 11 AND TESTING; DENIAL OF ASSISTANCE FOR INDIVID- 12 UALS NOT SCREENED, OR IF NECESSARY, TESTED 13 FOR THE USE OF ILLEGAL DRUGS.— 14 ‘‘(A) IN GENERAL.—A State to which a 15 grant is made under section 403 shall not use 16 any part of the grant to provide assistance to 17 any individual who has not been screened for 18 the use of illegal drugs, or who, having been 19 found as a result of the screening to have a 20 high risk of substance abuse, has not been test- 21 ed for the use of illegal drugs, under the pro- 22 gram required under section 402(a)(8). 23 ‘‘(B) SCREENING METHOD.—The method 24 by which substance abuse screening is to be 25 VerDate Mar 14 2013 16:06 Mar 14, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1069.IH H1069 tkelley on DSK3SPTVN1PROD with BILLS 4 •HR 1069 IH conducted under this paragraph is by means of 1 a survey that has been shown to be effective in 2 identifying likely substance abuse and that is 3 administered by an interview or a self-adminis- 4 tered test designed to determine whether an in- 5 dividual should be further evaluated for sub- 6 stance abuse. 7 ‘‘(C) TRANSITION RULE.—In the case of 8 an individual who is receiving assistance under 9 the State program funded under this part on 10 the effective date of this paragraph, or whose 11 application for assistance is approved before 12 such date if the assistance has not begun as of 13 such date, a State may not provide assistance 14 to the individual unless the individual is 15 screened for illegal drug use in accordance with 16 this paragraph after the 3rd month that begins 17 after such date and, if found as a result of the 18 screening to have a high risk of substance 19 abuse, is tested for the use of illegal drugs, 20 under the program so described. 21 ‘‘(D) LIMITATION ON WAIVER AUTHOR- 22 ITY.—The Secretary may not waive the provi- 23 sions of this paragraph under section 1115. 24 VerDate Mar 14 2013 16:06 Mar 14, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1069.IH H1069 tkelley on DSK3SPTVN1PROD with BILLS 5 •HR 1069 IH ‘‘(E) ILLEGAL DRUG DEFINED.—In this 1 paragraph, the term ‘illegal drug’ means a con- 2 trolled substance as defined in section 102 of 3 the Controlled Substances Act (21 U.S.C. 802). 4 ‘‘(F) PRESERVATION OF ASSISTANCE FOR 5 OTHER FAMILY MEMBERS.—If an individual is 6 denied assistance under this paragraph, the 7 State shall continue to provide the assistance 8 that would otherwise be provided in respect of 9 the other members of the family of the indi- 10 vidual, through protective or vendor payments 11 to a 3rd party for the benefit of the other fam- 12 ily members.’’. 13 (c) EFFECTIVE DATE.— 14 (1) IN GENERAL.—Except as provided in para- 15 graph (2), the amendments made by this section 16 shall take effect on the 1st day of the 1st calendar 17 quarter that begins on or after the date that is 1 18 year after the date of the enactment of this Act. 19 (2) DELAY PERMITTED IF STATE LEGISLATION 20 REQUIRED.—In the case of a State plan under sec- 21 tion 402(a) of the Social Security Act which the Sec- 22 retary of Health and Human Services determines re- 23 quires State legislation (other than legislation appro- 24 priating funds) in order for the plan to meet the ad- 25 VerDate Mar 14 2013 16:06 Mar 14, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1069.IH H1069 tkelley on DSK3SPTVN1PROD with BILLS 6 •HR 1069 IH ditional requirements imposed by the amendments 1 made by this Act, the State plan shall not be re- 2 garded as failing to comply with the requirements of 3 such section 402(a) solely on the basis of the failure 4 of the plan to meet such additional requirements be- 5 fore the 1st day of the 1st calendar quarter begin- 6 ning after the close of the 1st regular session of the 7 State legislature that begins after the date of enact- 8 ment of this Act. For purposes of the previous sen- 9 tence, in the case of a State that has a 2-year legis- 10 lative session, each year of such session shall be 11 deemed to be a separate regular session of the State 12 legislature. 13 Æ VerDate Mar 14 2013 16:06 Mar 14, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H1069.IH H1069 tkelley on DSK3SPTVN1PROD with BILLS