,,ii  #aacth ,,congress  #ast ,session  
,s4 #hgc  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,may #g1 #bjac ,mr4 
,vitter introduced the following bill2  
which was read twice and referred to the
 ,committee on ,finance  ,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 ,drug    
,free ,families ,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     
following new paragraph3  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 operate a program to test all      
applicants for assistance under the     
,state program funded under this part1  
and all individuals described in        
subparagraph 7,b7 of section            
#djh7;a77#ac71 for the use of illegal   
drugs 7as defined in subparagraph       
7,g77i7 of such section71 and to deny   
assistance under such ,state program to 
individuals who test positive for       
illegal drug use or who are convicted of
 drug-related crimes1 as required by    
such section4  7,b7 ,authority for      
continued testing ,the program described
 in subparagraph 7,a7 may include a plan
 to continue testing individuals        
receiving assistance under the ,state   
program funded under this part for      
illegal drug use at random or set       
intervals after the initial testing of  
such individuals1 at the discretion of  
the ,state agency administering such    

,state program4  4  7b7 ,requirement    
that applicants and individuals         
receiving assistance be tested for      
illegal drug use ,section #djh7;a7 of   
the ,social ,security ,act 7#db         
,u4,s4,c4 #fjh7;a77 is amended by adding
 at the end the following new paragraph3
  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 not use any part of the grant to 
provide assistance to any individual who
 has not been tested for illegal drug   
use under the program required under    
section #djb7;a77#h74  7,b7 ,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 the ,drug ,free       
,families ,act of #bjac1 or whose       
application for assistance is approved  
before such date if such assistance has 

not begun as of such date1 a ,state may 
not provide assistance to such          
individual unless such individual is    
tested for illegal drug use under the   
program described in subparagraph 7,a7  
after the #crd month that begins 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 the ,drug ,free       
,families ,act of #bjac2  the ,state    
shall not provide assistance to the     
individual under the ,state program     
funded under this part unless such      
individual enters and successfully      
completes 7as determined by the ,state7 
a drug rehabilitation or treatment      
program and does not test positive for  
illegal drug use in the #f-month period 

beginning on the date the individual    
enters such rehabilitation or treatment 
program4 ,during such #f-month period   
the ,state may continue to provide      
assistance to an individual who has not 
been convicted of a felony drug-related 
crime1 unless the individual tests      
positive for illegal drug use during    
such period4 ,the ,state may test the   
individual for illegal drug use at      
random or set intervals1 at the         
discretion of the ,state1 after such    
period4  7,d7 ,waiting period after     
denial of benefits ,in the case of an   
individual who is denied assistance     
under subparagraph 7,c7 because of      
failure to satisfy the requirements of  
such subparagraph1 a ,state may not     
provide assistance to such individual   
under the ,state program funded under   
this part at any time during the #b-year
 period beginning on the date the       
individual is so denied4  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 such individual   
under the ,state program funded under   
this part at any time 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 ,for purposes of this 
paragraph--  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            
rehabilitation or treatment program ,the
 term drug rehabilitation or treatment  
program means a program determined by   

the ,state to provide treatment that can
 lead to the rehabilitation of drug     
users1 but only if such program complies
 with all applicable ,federal1 ,state1  
and local laws and regulations4  7iii7  
,drug-related crime ,the term           
drug-related crime means any crime      
involving the possession1 use1 or sale  
of an illegal drug4  4  7c7 ,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