Education + Advocacy = Change

Click a topic below for an index of articles:

New Material

Home

Donate

Alternative Treatments

Financial or Socio-Economic Issues

Forum

Health Insurance

Hepatitis

HIV/AIDS

Institutional Issues

International Reports

Legal Concerns

Math Models or Methods to Predict Trends

Medical Issues

Our Sponsors

Occupational Concerns

Our Board

Projects

Religion and infectious diseases

State Governments

Stigma or Discrimination Issues

 

IIf you would like to submit an article to this website, email us at info@heart-intl.net for a review of this paper
info@heart-intl.net

any words all words
Results per page:

“The only thing necessary for these diseases to the triumph is for good people and governments to do nothing.”


SHOULD NEEDY FAMILIES BE REQUIRED

TO TAKE DRUG TESTS TO RECEIVE AID?

Sen. David Vitter (R-LA) introduced a bill that would amend 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 (TANF) program. 

If an applicant fails a drug test, or was convicted of a drug related crime they can be denied aid. Also, states would be allowed to require random or set time drug tests.  A person can be permanently denied aid if they fail three drug tests or receive three drug related convictions.

Benefits

 

Text of S. 3361: A bill to amend title IV of the Social Security Act to require States to implement a drug testing...

 

http://www.govtrack.us/congress/billtext.xpd?bill=s110-3361

You are viewing the text of this bill when its status changed to “Introduced in Senate”. This is the original text of the bill as it was written by its sponsor and submitted to the Senate for consideration. This is the latest text of the bill currently available on this website.

The bill status page has more information on the status of this legislation.

Click on any paragraph for more text options.

________________________________________



S 3361 IS

110th CONGRESS

2d Session

S. 3361

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 (TANF) program.

IN THE SENATE OF THE UNITED STATES

July 29 (legislative day, July 28), 2008

Mr. VITTER introduced the following bill; 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 (TANF) program.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Drug Free Families Act of 2008’.

SEC. 2. DRUG TESTING PROGRAM FOR APPLICANTS FOR AND RECIPIENTS OF ASSISTANCE UNDER STATE TANF PROGRAMS.

(a) State Plan Requirement of Drug Testing Program- Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is amended by adding at the end the following new paragraph:

‘(8) CERTIFICATION THAT THE STATE WILL OPERATE AN ILLEGAL DRUG USE TESTING PROGRAM-

‘(A) 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 part, and all individuals described in subparagraph (B) of section 408(a)(12), for the use of illegal drugs (as defined in subparagraph (E)(i) of such section), and to deny assistance under such State program to individuals who test positive for illegal drug use or who are convicted of drug-related crimes, as required by such section.

‘(B) AUTHORITY FOR CONTINUED TESTING- The program described in subparagraph (A) 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 individuals, at the discretion of the State agency administering such State program.’.

(b) Requirement That Applicants and Individuals Receiving Assistance Be Tested for Illegal Drug Use- Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end the following new paragraph:

‘(12) REQUIREMENT FOR DRUG TESTING; DENIAL OF ASSISTANCE FOR INDIVIDUALS FOUND TO HAVE USED ILLEGAL DRUGS AND INDIVIDUALS CONVICTED OF DRUG-RELATED OFFENSES-

‘(A) IN GENERAL- A State to which a grant is made under section 403 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 402(a)(8).

‘(B) 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 2008, or whose application for assistance is approved before such date if such assistance has not begun as of such date, a State may not provide assistance to such individual unless such individual is tested for illegal drug use under the program described in subparagraph (A) after the 3rd month that begins after such date.

‘(C) DENIAL OF ASSISTANCE FOR INDIVIDUALS WHO TEST POSITIVE FOR ILLEGAL DRUG USE AND INDIVIDUALS CONVICTED OF DRUG-RELATED CRIMES- In the case of--

‘(i) an individual who tests positive for illegal drug use under the program described in subparagraph (A); or

‘(ii) an individual who is convicted of a drug-related crime after the effective date of the Drug Free Families Act of 2008;

the State shall not provide assistance to the individual under the State program funded under this part unless such individual enters and successfully completes (as determined by the State) a drug rehabilitation or treatment program and does not test positive for illegal drug use in the 6-month period beginning on the date the individual enters such rehabilitation or treatment program. The State may test the individual for illegal drug use at random or set intervals, at the discretion of the State, after such period.



‘(D) PERMANENT DENIAL OF ASSISTANCE AFTER THIRD DRUG-RELATED DENIAL- In the case of an individual who is denied assistance under subparagraph (C) 3 times, as a result of 3 separate positive tests for illegal drug use, 3 separate convictions for drug-related crimes (not including convictions that are imposed concurrently in time), or any combination of 3 such separate tests or convictions, a State may not provide assistance to such individual under the State program funded under this part at any time after the 3rd such test or conviction.

‘(E) DEFINITIONS- For purposes of this paragraph--

‘(i) ILLEGAL DRUG- The term ‘illegal drug’ means a controlled substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802).

‘(ii) 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 users, but only if such program complies with all applicable Federal, State, and local laws and regulations.

‘(iii) DRUG-RELATED CRIME- The term ‘drug-related crime’ means any crime involving the possession, use, or sale of an illegal drug.’.

(c) Effective Date-

(1) IN GENERAL- Except as provided in paragraph (2), the amendments made by this section shall take effect on the 1st day of the 1st calendar quarter that begins on or after the date that is 1 year after the date of the enactment of this Act.

(2) DELAY PERMITTED IF STATE LEGISLATION REQUIRED- In the case of a State plan under section 402(a) of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this Act, the State plan shall not be regarded as failing to comply with the requirements of such section 402(a) solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.