,i #aacth ,,congress #ast ,session ,h4 ,r4 #iji ,,in ,,the ,,house ,,of ,,representatives ,february #bh1 #bjac ,mr4 ,fincher introduced the following bill2 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 testing program for applicants for and recipients of assistance under the ,temporary ,assistance for ,needy ,families 7,,tanf7 program4 #a4 ,short title ,this ,act may be cited as the ,welfare ,integrity ,act of #bjac4 #b4 ,drug testing program for applicants for and recipients of assistance under ,state ,,tanf programs 7a7 ,state plan requirement of drug testing program ,section #djb7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fjb7;a77 is amended by adding at the end the following3 7#h7 ,certification that the ,state will operate an illegal drug use testing program 7,a7 ,in general ,a certification by the chief executive officer of the ,state that the ,state will-- 7i7 operate a program to conduct1 in a calendar year1 random testing for the use of illegal drugs 7as defined in section #djh7;a77#ac77;,g77i77 of a number of applicants for assistance under the program referred to in paragraph 7#a7 that is not less than #bj percent of the number of applicants who applied for the assistance in the preceding calendar year 7after having signed a waiver of constitutional rights with respect to the testing72 and 7ii7 deny the assistance to applicants who test positive for illegal drug use or who are convicted of drug-related crimes1 as required by such section4 7,b7 ,requirement for continued testing ,the program described in subparagraph 7,a77i7 shall include a plan to continue testing individuals receiving assistance under the program referred to in paragraph 7#a7 for illegal drug use at random or set intervals after the initial testing of the individuals1 at the discretion of the ,state agency administering the program so referred to4 4 7b7 ,requirement that applicants and individuals receiving assistance be tested for illegal drug use ,section #djh7;a7 of such ,act 7#db ,u4,s4,c4 #fjh7;a77 is amended by adding at the end the following3 7#ac7 ,requirement for drug testing2 denial of assistance for individuals found to have used illegal drugs and individuals convicted of drug-related offenses 7,a7 ,in general ,a ,state to which a grant is made under section #djc shall operate a drug testing program that complies with the requirements of subparagraphs 7,a77i7 and 7,b7 of section #djb7;a77#h74 7,b7 ,waiver of constitutional rights ,the ,state may not use any part of the grant to provide assistance to any individual who has not signed a waiver of constitutional rights with respect to testing conducted pursuant to subparagraph 7,a74 ,in the case of an individual who is receiving assistance under the ,state program funded under this part on the effective date of this paragraph1 or whose application for the assistance is approved before such date if the assistance has not begun as of such date1 a ,state may not provide the assistance to the individual unless the individual has signed such a waiver not later than #ij days after such date4 7,c7 ,denial of assistance for individuals who test positive for illegal drug use and individuals convicted of drug-related crimes ,in the case of-- 7i7 an individual who tests positive for illegal drug use under the program described in subparagraph 7,a72 or 7ii7 an individual who is convicted of a drug-related crime after the effective date of this paragraph2 the ,state shall not provide assistance to the individual under the ,state program funded under this part until the expiration of the waiting period described in subparagraph 7,d74 7,d7 ,waiting period after denial of benefits ,the waiting period described in this subparagraph shall extend #a year after the date on which the individual is denied assistance under subparagraph 7,c74 7,e7 ,permanent denial of assistance after third drug-related denial ,in the case of an individual who is denied assistance under subparagraph 7,c7 #c times1 as a result of #c separate positive tests for illegal drug use1 #c separate convictions for drug-related crimes 7not including convictions that are imposed concurrently in time71 or any combination of #c such separate tests or convictions1 a ,state may not provide assistance to the individual under the ,state program funded under this part after the #crd such test or conviction4 7,f7 ,limitation on waiver authority ,the ,secretary may not waive the provisions of this paragraph under section #aaae4 7,g7 ,definitions ,in this paragraph3 7i7 ,illegal drug ,the term illegal drug means a controlled substance as defined in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb74 7ii7 ,drug-related crime ,the term drug-related crime means any crime involving the possession1 use1 or sale of an illegal drug4 4 7c7 ,penalty for failure ,to implement illegal drug use testing program ,section #dji7;a7 of such ,act 7#db ,u4,s4,c4 #fji7;a77 is amended by adding at the end the following3 7#ag7 ,penalty for failure to implement illegal drug use testing program ,if the ,secretary determines that a ,state to which a grant is made under section #djc in a fiscal year has violated section #djh7;a77#ac7 during the fiscal year1 the ,secretary shall reduce the grant payable to the ,state under section #djc7;a77#a7 for the immediately succeeding fiscal year by an amount equal to #aj percent of the ,state family assistance grant4 4 7d7 ,effective date 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by this section shall take effect on the #ast day of the #ast calendar quarter that begins on or after the date that is #a year after the date of the enactment of this ,act4 7#b7 ,delay permitted if ,state legislation required ,in the case of a ,state plan under section #djb7;a7 of the ,social ,security ,act which the ,secretary of ,health and ,human ,services determines requires ,state legislation 7other than legislation appropriating funds7 in order for the plan to meet the additional requirements imposed by the amendments made by this ,act1 the ,state plan shall not be regarded as failing to comply with the requirements of such section #djb7;a7 solely on the basis of the failure of the plan to meet such additional requirements before the #ast day of the #ast calendar quarter beginning after the close of the #ast regular session of the ,state legislature that begins after the date of enactment of this ,act4 ,for purposes of the previous sentence1 in the case of a ,state that has a #b-year legislative session1 each year of such session shall be deemed to be a separate regular session of the ,state legislature4