,i #aaith ,,congress #ast ,session ,h4 ,r4 #cgb ,,in ,,the ,,house ,,of ,,representatives ,january #ac1 #bjbe,mr4 ,rouzer introduced the following bill2 which was referred to the ,committee on ,ways and ,means1 and in addition to the ,committees on ,agriculture1 and ,financial ,services1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to require certain welfare programs to deny benefits to persons who fail a drug test1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,drug ,testing for ,welfare ,recipients ,act4 #b4 ,drug screening and testing under ,state programs for temporary assistance for needy families 7a7 ,prohibition ,section #djh7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fjh7;a77 is amended by adding at the end the following3 7#ac7 ,no assistance for individuals who fail drug screening or testing or are not screened or tested for drug use 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 for an individual who has attained #ah years of age1 unless1 before receipt of the assistance-- 7i7 the ,state makes a determination1 in a manner the ,state considers appropriate1 of whether the individual has or has not been arrested for a drug-related offense during the #e-year period immediately preceding the date on which the determination is made2 7ii7 in the case of an individual who is determined by the ,state to have been arrested for a drug-related offense during the #e-year period provided in clause 7i71 the individual tests negative for not less than #a controlled substance1 as specified by the ,state1 in such manner and at such times as the ,state determines to be appropriate2 and 7iii7 in the case of an individual who is determined by the ,state not to have been arrested for a drug-related offense during the #e-year period provided in clause 7i71 the individual-- 7,i7 completes substance abuse screening in such manner and at such times as the ,state considers appropriate2 and 7,,ii7 7aa7 is determined pursuant to such screening not to have a high risk of abuse of a controlled substance2 or 7bb7 is determined pursuant to such screening to have a high risk of abuse of a controlled substance and tests negative for not less than #a controlled substance1 as specified by the ,state1 in such manner and at such times as the ,state determines to be appropriate4 7,b7 ,effect of failing drug test ,in the case of an individual who tests positive for a controlled substance pursuant to subparagraph 7,a77ii7 or 7,a77iii77,,ii77bb71 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-- 7i7 the date that is #ab months after the date on which the ,state determines that the test result is positive2 7ii7 the date on which the individual successfully completes a treatment program for each controlled substance for which the individual tested positive2 or 7iii7 the date on which the individual tests negative for each such controlled substance1 in such manner and at such times as the ,state determines to be appropriate4 7,c7 ,responsibility for testing and screening 7i7 ,manner and time ,a ,state may provide for testing and screening pursuant to paragraph 7#a71 and retesting and rescreening pursuant to paragraph 7#b71 in such manner and at such times as the ,state agency considers appropriate4 7ii7 ,costs ,a ,state may not require an individual to pay the cost of testing or screening conducted pursuant to this paragraph4 7,d7 ,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 denial4 7,e7 ,definitions ,in this paragraph3 7i7 ,controlled substance ,the term controlled substance means1 with respect to an individual1 any controlled substance as defined in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb7 that is not used by such individual pursuant to a valid prescription or as otherwise authorized by law4 7ii7 ,drug-related offense ,the term drug-related offense means any criminal offense under ,state or ,federal law relating to the manufacture1 sale1 distribution1 use1 or possession with intent to manufacture1 sell1 distribute1 or use1 of a controlled substance4 7iii7 ,substance abuse screening ,the term substance abuse screening means an interview1 questionnaire1 or other screening instrument approved by the ,state1 that is designed to be used to determine whether an individual has a high risk of abuse of a controlled substance4 4 7b7 ,penalty 7#a7 ,in ,general ,section #dji7;a7 of such ,act 7#db ,u4,s4,c4 #fji7;a77 is amended by adding at the end the following3 7#ag7 ,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 #djc for a fiscal year has substantially failed to comply with section #djh7;a77#ac7 during the fiscal year1 the ,secretary shall reduce the grant payable to the ,state under section #djc for the immediately succeeding fiscal year by an amount equal to #ae percent of the ,state family assistance grant4 4 7#b7 ,inapplicability of good cause exception ,section #dji7;b77#b7 of such ,act 7#db ,u4,s4,c4 #fji7;b77#b77 is amended by striking or 7#ac7 and inserting 7#ac71 or 7#ag74 7#c7 ,inapplicability of corrective compliance plan requirement ,section #dji7;c77#d7 of such ,act 7#db ,u4,s4,c4 #fji7;c77 is amended by striking or 7#af7 and inserting 7#af71 or 7#ag74 7c7 ,effective date ,the amendments made by this section shall take effect on the first day of the first calendar month that begins after the #bdj-;day period that begins with the date of the enactment of this ,act4 #c4 ,drug screening and testing under the supplemental nutrition assistance program 7a7 ,drug testing and screening required for eligibility ,section #f of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjae7 is amended by adding at end the following3 7t7 ,eligibility based on required drug testing and screening 7#a7 ,in general ,an individual who has attained #ah 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-- 7,a7 the ,state determines1 in a manner the ,state considers appropriate1 whether such individual has or has not been arrested for a drug-related offense during the #e-year period ending on the date on which the determination is made2 7,b7 in the case of an individual who is determined by the ,state to have been arrested for a drug-related offense during such #e-year period1 such individual tests negative for not less than #a controlled substance1 as specified by the ,state1 in such manner and at such times as the ,state considers appropriate2 and 7,c7 in the case of an individual who is determined by the ,state not to have been arrested for a drug-related offense during such #e-year period1 such individual-- 7i7 completes substance abuse screening1 in such manner and at such times as the ,state considers appropriate2 and 7ii7 7,i7 is determined pursuant to such screening not to have a high risk of abuse of a controlled substance2 or 7,,ii7 is determined pursuant to such screening to have a high risk of abuse of a controlled substance and tests negative for not less than #a controlled substance1 as specified by the ,state1 in such manner and at such times as the ,state considers appropriate4 7#b7 ,effect of a positive drug test result ,if an individual tests positive for a controlled substance pursuant to paragraph 7#a71 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-- 7,a7 the date that is #a year after the date on which the ,state agency determines that the test result is positive2 7,b7 the date on which such individual successfully completes a treatment program for each controlled substance for which the individual tested positive pursuant to paragraph 7#a72 and 7,c7 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 7#a74 7#c7 ,responsibility for testing and screening 7,a7 ,the ,state agency may provide for testing and screening pursuant to paragraph 7#a71 and retesting and rescreening pursuant to paragraph 7#b71 in such manner and at such times as the ,state agency considers appropriate4 7,b7 ,the ,state agency may not require an individual or a household to pay the cost of a test or screening conducted pursuant to this subsection4 7#d7 ,definitions ,for purposes of this subsection3 7,a7 ,controlled substance ,the term controlled substance means a controlled substance as defined in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb7 that is not used by the tested individual pursuant to a valid prescription or as otherwise authorized by law4 7,b7 ,drug-related offense ,the term drug-related offense means any criminal offense under ,state or ,federal law relating to the manufacture1 sale1 distribution1 use1 or possession with intent to manufacture1 sell1 distribute1 or use1 of a controlled substance4 7,c7 ,substance abuse screening ,the term substance abuse screening means an interview1 questionnaire1 or other screening instrument approved by the ,state1 that is designed to be used to determine whether an individual has a high risk of abuse of a controlled substance4 4 7b7 ,reduction of reimbursement for administrative costs ,section #af of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjbe7 is amended-- 7#a7 in subsection 7a7 by striking subsection 7k7 and inserting subsections 7k7 and 7l71 and 7#b7 by adding at end the following3 7l7 ,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 #f7t7 in a fiscal year1 the ,secretary shall reduce by #ae percent the amount otherwise payable under subsection 7a7 to such ,state agency for the immediately succeeding fiscal year4 4 7c7 ,effective date ,the amendments made by this section shall take effect #bdj days after the date of the enactment of this ,act4 #d4 ,drug screening and testing under public housing and section #h rental assistance programs 7a7 ,prohibition ,section #bad of the ,housing and ,community ,development ,act of #aihj 7#db ,u4,s4,c4 #adcf;a7 is amended by adding at the end the following3 7j7 ,prohibition of housing assistance for individuals who fail drug screening or testing or are not screened or tested 7#a7 ,in ,general ,notwithstanding any other provision of law1 the applicable administrative entity may not make covered housing assistance available for the benefit of any individual who has attained #ah years of age1 unless1 before such assistance is provided with respect to such individual-- 7,a7 the applicable administrative entity makes a determination1 in a manner the entity considers appropriate1 of whether the individual has or has not been arrested for a drug-related offense during the #e-year period immediately preceding the date on which the determination is made2 7,b7 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 #e-year period provided in subparagraph 7,a71 the individual tests negative for each controlled substance that the entity has determined to be appropriate for testing2 and 7,c7 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 #e-year period provided in clause 7i71 the individual-- 7i7 completes substance abuse screening in such manner and at such times as the entity considers appropriate2 and 7ii7 7,i7 is determined pursuant to such screening not to have a high risk of abuse of a controlled substance2 or 7,,ii7 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 testing4 ,the applicable administrative entity shall determine that not less than #a controlled substance1 as specified by the entity1 is appropriate for testing for purposes of this paragraph4 7#b7 ,effect of failing drug test ,if an individual tests positive for a controlled substance pursuant to paragraph 7#a77;,b7 or 7#a77;,c77ii77,,ii71 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-- 7,a7 the date that is #ab months after the date on which the applicable administrative entity determines that the test result is positive2 7,b7 the date on which the individual successfully completes a treatment program for each controlled substance for which the individual tested positive2 and 7,c7 the date on which the individual tests negative for each such controlled substance1 in such manner and at such times as the applicable administrative entity determines to be appropriate4 7#c7 ,responsibility for testing and screening 7,a7 ,manner and time ,an applicable administrative entity may provide for testing and screening pursuant to paragraph 7#a71 and retesting and rescreening pursuant to paragraph 7#b71 in such manner and at such times as the entity determines to be appropriate4 7,b7 ,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 subsection4 7#d7 ,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 subsection1 covered housing assistance made available to such family shall be prorated1 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 family4 7#e7 ,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 year1 the ,secretary shall reduce by #ae percent the amount otherwise provided to the agency1 for the immediately succeeding fiscal year1 under each of the following programs3 7,a7 ,the public housing ,capital ,fund program under section #i7;d7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;g7d774 7,b7 ,the public housing ,operating ,fund program under section #i7;e7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;g7e774 7,c7 ,all programs for rental housing assistance under section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f74 7#f7 ,use of housing assistance amounts for testing ,notwithstanding any other provision of law1 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 section1 as follows3 7,a7 ,amounts made available under the public housing ,operating ,fund program under section #i7;e7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;g7e77 may be used for such testing for residents of1 and applicants for residency in1 public housing4 7,b7 ,amounts made available to a public housing agency for administrative fees under section #h7q7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7q77 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 assistance4 7,c7 ,amounts made available for project-based rental assistance under section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7 may be used for such testing for residents of1 and applicants for residency in1 dwelling units in housing projects for which such assistance is provided4 7#g7 ,definitions ,for purposes of this subsection1 the following definitions shall apply3 7,a7 ,applicable administrative entity ,the term applicable administrative entity means-- 7i7 a public housing agency1 with respect to covered housing assistance administered by such agency2 and 7ii7 the ,secretary1 with respect to project-based rental assistance under section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f74 7,b7 ,controlled substance ,the term controlled substance means1 with respect to an individual1 a controlled substance as defined in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb7 that is not used by such individual pursuant to a valid prescription or as otherwise authorized by law4 7,c7 ,covered housing assistance ,the term covered housing assistance means financial assistance made available pursuant to the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg et seq474 7,d7 ,drug-related offense ,the term drug-related offense means any criminal offense under ,state or ,federal law relating to the manufacture1 sale1 distribution1 use1 or possession with intent to manufacture1 sell1 distribute1 or use1 of a controlled substance4 7,e7 ,substance abuse screening ,the term substance abuse screening means an interview1 questionnaire1 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 substance4 7#h7 ,other provisions of law ,this subsection may not be construed to affect the applicability of any provision of section #egf or #egg of the ,quality ,housing and ,work ,responsibility ,act of #aiih 7#db ,u4,s4,c4 #acffa1 #acffb7 or of section #f7l71 #h7o77#g71 or #af7;f7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcgn7f771 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 subsection4 4 7b7 ,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 #bdj-;day period beginning on the date of the enactment of this ,act4