I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Putting Drug Free 

5 Families First Act of 2011’’. 


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1 SEC. 2. DRUG TESTING PROGRAM FOR APPLICANTS FOR 

2 AND RECIPIENTS OF ASSISTANCE UNDER 

3 STATE TANF PROGRAMS. 

4 (a) REQUIREMENT THAT APPLICANTS AND INDIVID5 UALS RECEIVING ASSISTANCE BE TESTED FOR ILLEGAL

6 DRUG USE.—Section 408(a) of the Social Security Act 

7 (42 U.S.C. 608(a)) is amended by adding at the end the 

8 following: 

9 ‘‘(12) REQUIREMENT FOR DRUG TESTING; DE10 NIAL OF ASSISTANCE FOR INDIVIDUALS FOUND TO

11 HAVE USED AN ILLEGAL DRUG.— 

12 ‘‘(A) IN GENERAL.—A State to which a 

13 grant is made under section 403 may not use 

14 any part of the grant to provide assistance 

15 under the State program funded under this 

16 part to an individual unless the individual is 

17 tested for the use of the drugs listed in sub18 paragraph (B)(i)— 

19 ‘‘(i) if the individual has applied for 

20 such assistance and the application has not 

21 been approved, before the receipt of such 

22 assistance; and 

23 ‘‘(ii) in any other case, before the end 

24 of the 3-month period that begins on the 

25 date of the enactment of this paragraph. 


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1 ‘‘(B) DRUGS TO BE INCLUDED IN TEST2 ING.— 

3 ‘‘(i) IN GENERAL.—In conducting 

4 drug testing pursuant to subparagraph 

5 (A), the State shall test for each of the fol6 lowing: 

7 ‘‘(I) Marijuana. 

8 ‘‘(II) Cocaine. 

9 ‘‘(III) Opiates. 

10 ‘‘(IV) Amphetamines. 

11 ‘‘(V) Methamphetamine. 

12 ‘‘(VI) Phencyclidine. 

13 ‘‘(VII) Heroin. 

14 ‘‘(VIII) Lysergic acid diethylam15 ide. 

16 ‘‘(IX) 3,4-methylenedioxy am17 phetamine. 

18 ‘‘(ii) EXCEPTION FOR PRESCRIPTION

19 USE OF DRUGS.—A positive test for a drug 

20 listed in clause (i) shall be disregarded for 

21 purposes of this paragraph if such drug 

22 was used pursuant to a valid prescription 

23 or as otherwise authorized by law. 


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1 ‘‘(C) DENIAL OF ASSISTANCE FOR INDI2 VIDUALS WHO TEST POSITIVE FOR AN ILLEGAL

3 DRUG.— 

4 ‘‘(i) IN GENERAL.—Except as pro5 vided in subparagraph (D), if an individual 

6 tests positive pursuant to subparagraph 

7 (A) for the use of any drug listed in sub8 paragraph (B)(i), the State may not pro9 vide assistance under the State program 

10 funded under this part to such individual 

11 unless— 

12 ‘‘(I) a 1-year (or, if the individual 

13 has so tested positive for the 2nd 

14 time, 3-year) period has elapsed since 

15 the results of the test were deter16 mined; and 

17 ‘‘(II) the individual tests negative 

18 for the use of each drug listed in sub19 paragraph (B)(i) at the end of such 

20 period. 

21 ‘‘(ii) PERMANENT INELIGIBILITY

22 AFTER THIRD POSITIVE TEST RESULT.—If 

23 an individual tests positive pursuant to 

24 subparagraph (A) for the third time for 

25 the use of any drug listed in subparagraph 


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1 (B)(i), the State shall treat such individual 

2 as permanently ineligible for assistance 

3 under the State program funded under this 

4 part. 

5 ‘‘(D) REHABILITATION EXCEPTION AFTER

6 FIRST POSITIVE TEST RESULT.—In the case of 

7 an individual who tests positive pursuant to 

8 subparagraph (A) for the first time for the use 

9 of any drug listed in subparagraph (B)(i), the 

10 period for which assistance may not be provided 

11 to an individual by reason of subparagraph 

12 (C)(i) shall be 180 days if the State determines 

13 that the individual— 

14 ‘‘(i) has successfully completed a drug 

15 rehabilitation or treatment program for the 

16 drug for which the individual tested posi17 tive; and 

18 ‘‘(ii) tests negative for the use of such 

19 drug at the end of such 180-day period. 

20 ‘‘(E) PAYMENT OF COSTS.—The State 

21 shall require each individual who applies for as22 sistance under the State program funded under 

23 this part to pay the portion of the cost of the 

24 drug testing pursuant to subparagraph (A) that 

25 pertains to such individual. If such individual 


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1 tests negative for the use of each drug listed in 

2 subparagraph (B)(i) and the State provides as3 sistance under the State program funded under 

4 this part to the individual, the State shall in5 crease the first payment of such assistance in 

6 an amount equal to the amount paid by the in7 dividual under this subparagraph for the drug 

8 testing. 

9 ‘‘(F) DESIGNEE FOR CHILD BENE10 FICIARY.—In the case of a parent of a minor 

11 child, if such parent tests positive pursuant to 

12 subparagraph (A) for the use of any drug listed 

13 in subparagraph (B)(i), the State shall des14 ignate an individual other than such parent to 

15 receive payments for assistance under the State 

16 program funded under this part on behalf of 

17 the minor child. The State may not so des18 ignate an individual unless the individual has 

19 been tested for the use of each drug listed in 

20 subparagraph (B)(i) and did not test positive. 

21 ‘‘(G) DEFINITION OF DRUG REHABILITA22 TION OR TREATMENT PROGRAM.—In this para23 graph, the term ‘drug rehabilitation or treat24 ment program’ means a program that— 


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1 ‘‘(i) has been determined by the State 

2 to provide rehabilitation or treatment for 

3 the use of an illegal drug; and 

4 ‘‘(ii) complies with all applicable Fed5 eral, State, and local laws and regula6 tions.’’. 

7 (b) PENALTY FOR FAILURE TO IMPLEMENT ILLEGAL

8 DRUG USE TESTING PROGRAM.—Section 409(a) of the 

9 Social Security Act (42 U.S.C. 609(a)) is amended by add10 ing at the end the following: 

11 ‘‘(16) PENALTY FOR FAILURE TO IMPLEMENT

12 ILLEGAL DRUG USE TESTING PROGRAM.—If the Sec13 retary determines that a State to which a grant is 

14 made under section 403 in a fiscal year has violated 

15 section 408(a)(12) during the fiscal year, the Sec16 retary shall reduce the grant payable to the State 

17 under section 403(a)(1) for the immediately suc18 ceeding fiscal year by an amount equal to 10 percent 

19 of the State family assistance grant.’’. 

20 (c) EFFECTIVE DATE.—The amendments made by 

21 this section shall take effect on the 1st day of the 1st cal22 endar quarter that begins on or after the date that is 1 

23 year after the date of the enactment of this Act. 

Æ 


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