Drug screening and testing under the supplemental nutrition assistance program

(a) Drug testing and screening required for eligibility Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is amended by adding at end the following: (t) Eligibility based on required drug testing and screening (1) In general An individual who has attained 18 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— (A) the State determines, in a manner the State considers appropriate, whether such individual has or has not been arrested for a drug-related offense during the 5-year period ending on the date on which the determination is made; (B) in the case of an individual who is determined by the State to have been arrested for a drug-related offense during such 5-year period, such 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 considers appropriate; and (C) in the case of an individual who is determined by the State not to have been arrested for a drug-related offense during such 5-year period, such individual— (i) completes substance abuse screening, in such manner and at such times as the State considers appropriate; and (ii) (I) is determined pursuant to such screening not to have a high risk of abuse of a controlled substance; or (II) 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 considers appropriate. (2) Effect of a positive drug test result If an individual tests positive for a controlled substance pursuant to paragraph (1), 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— (A) the date that is 1 year after the date on which the State agency determines that the test result is positive; (B) the date on which such individual successfully completes a treatment program for each controlled substance for which the individual tested positive pursuant to paragraph (1); and (C) 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 (1). (3) Responsibility for testing and screening (A) The State agency 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. (B) The State agency may not require an individual or a household to pay the cost of a test or screening conducted pursuant to this subsection. (4) Definitions For purposes of this subsection: (A) Controlled substance The term controlled substance means a controlled substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802) that is not used by the tested individual pursuant to a valid prescription or as otherwise authorized by law. (B) Drug-related offense 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. (C) Substance abuse screening 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.. (b) Reduction of reimbursement for administrative costs Section 16 of the Food and Nutrition Act of 2008 (7 U.S.C. 2025) is amended— (1) in subsection (a) by striking subsection (k) and inserting subsections (k) and (l), and (2) by adding at end the following: (l) 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 6(t) in a fiscal year, the Secretary shall reduce by 15 percent the amount otherwise payable under subsection (a) to such State agency for the immediately succeeding fiscal year.. (c) Effective date The amendments made by this section shall take effect 240 days after the date of the enactment of this Act.