Sec. 2. Drug screening and testing under State programs for temporary assistance for needy families
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Section 408(a) of the Social Security Act ( 42 U.S.C. 608(a) ) is amended by adding at the end the following: 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— 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; 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 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— completes substance abuse screening in such manner and at such times as the State considers appropriate; and is determined pursuant to such screening not to have a high risk of abuse of a controlled substance; or 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.
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— the date that is 12 months after the date on which the State determines that the test result is positive; the date on which the individual successfully completes a treatment program for each controlled substance for which the individual tested positive; or 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.
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. A State may not require an individual to pay the cost of testing or screening conducted pursuant to this paragraph. 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.
In this paragraph: 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. 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.
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. . Section 409(a) of such Act ( 42 U.S.C. 609(a) ) is amended by adding at the end the following: 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. .
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). Section 409(c)(4) of such Act ( 42 U.S.C. 609(c) ) is amended by striking or
(16)and inserting (16), or
(17). 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.
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Sec. 2
Drug screening and testing under State programs for temporary assistance for needy families
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