```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3722 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3722

   To amend part A of 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 program.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 16, 2011

 Mr. Pearce (for himself, Mr. Westmoreland, Mr. Roe of Tennessee, Mr. 
Duncan of South Carolina, Mr. DesJarlais, Mr. Huizenga of Michigan, Mr. 
  Posey, Mr. King of Iowa, and Mr. Mulvaney) introduced the following 
      bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
   To amend part A of 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 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 ``Putting Drug Free Families First Act 
of 2011''.

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

    (a) 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:
            ``(12) Requirement for drug testing; denial of assistance 
        for individuals found to have used an illegal drug.--
                    ``(A) In general.--A State to which a grant is made 
                under section 403 may not use any part of the grant to 
                provide assistance under the State program funded under 
                this part to an individual unless the individual is 
                tested for the use of the drugs listed in subparagraph 
                (B)(i)--
                            ``(i) if the individual has applied for 
                        such assistance and the application has not 
                        been approved, before the receipt of such 
                        assistance; and
                            ``(ii) in any other case, before the end of 
                        the 3-month period that begins on the date of 
                        the enactment of this paragraph.
                    ``(B) Drugs to be included in testing.--
                            ``(i) In general.--In conducting drug 
                        testing pursuant to subparagraph (A), the State 
                        shall test for each of the following:
                                    ``(I) Marijuana.
                                    ``(II) Cocaine.
                                    ``(III) Opiates.
                                    ``(IV) Amphetamines.
                                    ``(V) Methamphetamine.
                                    ``(VI) Phencyclidine.
                                    ``(VII) Heroin.
                                    ``(VIII) Lysergic acid 
                                diethylamide.
                                    ``(IX) 3,4-methylenedioxy 
                                amphetamine.
                            ``(ii) Exception for prescription use of 
                        drugs.--A positive test for a drug listed in 
                        clause (i) shall be disregarded for purposes of 
                        this paragraph if such drug was used pursuant 
                        to a valid prescription or as otherwise 
                        authorized by law.
                    ``(C) Denial of assistance for individuals who test 
                positive for an illegal drug.--
                            ``(i) In general.--Except as provided in 
                        subparagraph (D), if an individual tests 
                        positive pursuant to subparagraph (A) for the 
                        use of any drug listed in subparagraph (B)(i), 
                        the State may not provide assistance under the 
                        State program funded under this part to such 
                        individual unless--
                                    ``(I) a 1-year (or, if the 
                                individual has so tested positive for 
                                the 2nd time, 3-year) period has 
                                elapsed since the results of the test 
                                were determined; and
                                    ``(II) the individual tests 
                                negative for the use of each drug 
                                listed in subparagraph (B)(i) at the 
                                end of such period.
                            ``(ii) Permanent ineligibility after third 
                        positive test result.--If an individual tests 
                        positive pursuant to subparagraph (A) for the 
                        third time for the use of any drug listed in 
                        subparagraph (B)(i), the State shall treat such 
                        individual as permanently ineligible for 
                        assistance under the State program funded under 
                        this part.
                    ``(D) Rehabilitation exception after first positive 
                test result.--In the case of an individual who tests 
                positive pursuant to subparagraph (A) for the first 
                time for the use of any drug listed in subparagraph 
                (B)(i), the period for which assistance may not be 
                provided to an individual by reason of subparagraph 
                (C)(i) shall be 180 days if the State determines that 
                the individual--
                            ``(i) has successfully completed a drug 
                        rehabilitation or treatment program for the 
                        drug for which the individual tested positive; 
                        and
                            ``(ii) tests negative for the use of such 
                        drug at the end of such 180-day period.
                    ``(E) Payment of costs.--The State shall require 
                each individual who applies for assistance under the 
                State program funded under this part to pay the portion 
                of the cost of the drug testing pursuant to 
                subparagraph (A) that pertains to such individual. If 
                such individual tests negative for the use of each drug 
                listed in subparagraph (B)(i) and the State provides 
                assistance under the State program funded under this 
                part to the individual, the State shall increase the 
                first payment of such assistance in an amount equal to 
                the amount paid by the individual under this 
                subparagraph for the drug testing.
                    ``(F) Designee for child beneficiary.--In the case 
                of a parent of a minor child, if such parent tests 
                positive pursuant to subparagraph (A) for the use of 
                any drug listed in subparagraph (B)(i), the State shall 
                designate an individual other than such parent to 
                receive payments for assistance under the State program 
                funded under this part on behalf of the minor child. 
                The State may not so designate an individual unless the 
                individual has been tested for the use of each drug 
                listed in subparagraph (B)(i) and did not test 
                positive.
                    ``(G) Definition of drug rehabilitation or 
                treatment program.--In this paragraph, the term `drug 
                rehabilitation or treatment program' means a program 
                that--
                            ``(i) has been determined by the State to 
                        provide rehabilitation or treatment for the use 
                        of an illegal drug; and
                            ``(ii) complies with all applicable 
                        Federal, State, and local laws and 
                        regulations.''.
    (b) Penalty for Failure To Implement Illegal Drug Use Testing 
Program.--Section 409(a) of the Social Security Act (42 U.S.C. 609(a)) 
is amended by adding at the end the following:
            ``(16) 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 403 in a fiscal year has 
        violated section 408(a)(12) during the fiscal year, the 
        Secretary shall reduce the grant payable to the State under 
        section 403(a)(1) for the immediately succeeding fiscal year by 
        an amount equal to 10 percent of the State family assistance 
        grant.''.
    (c) Effective Date.--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.
                                 <all>
```