I 
112TH CONGRESS 
1ST SESSION H. R. 3193 
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 HOUSE OF REPRESENTATIVES 
OCTOBER 13, 2011 
Mr. FINCHER introduced the following bill; which was referred to the 
Committee on Ways and Means 
A BILL 
To amend title IV of the Social Security Act to require 
States to implement a drug testing program for appli-
cants for and recipients of assistance under the Tem-
porary Assistance for Needy Families (TANF) program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Welfare Integrity Act 
of 2011’’. 
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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 fol-
lowing: 
‘‘(8) CERTIFICATION
THAT
THE
STATE
WILL 
OPERATE
AN
ILLEGAL
DRUG
USE
TESTING
PRO-
GRAM.— 
‘‘(A) IN GENERAL.—A certification by the 
chief executive officer of the State that the 
State will— 
‘‘(i) operate a program to conduct, in 
a calendar year, random testing for the use 
of illegal drugs (as defined in section 
408(a)(12)(G)(i)) of a number of appli-
cants for assistance under the program re-
ferred to in paragraph (1) that is not less 
than 20 percent of the number of appli-
cants who applied for the assistance in the 
preceding calendar year (after having 
signed a waiver of constitutional rights 
with respect to the testing); and 
‘‘(ii) deny the assistance to applicants 
who test positive for illegal drug use or 
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who are convicted of drug-related crimes, 
as required by such section. 
‘‘(B) 
REQUIREMENT
FOR
CONTINUED 
TESTING.—The program described in subpara-
graph (A)(i) shall include a plan to continue 
testing individuals receiving assistance under 
the program referred to in paragraph (1) for il-
legal drug use at random or set intervals after 
the initial testing of the individuals, at the dis-
cretion of the State agency administering the 
program so referred to.’’. 
(b) REQUIREMENT THAT APPLICANTS AND INDIVID-
UALS RECEIVING ASSISTANCE BE TESTED FOR ILLEGAL 
DRUG USE.—Section 408(a) of such Act (42 U.S.C. 
608(a)) is amended by adding at the end the following: 
‘‘(12) REQUIREMENT FOR DRUG TESTING; DE-
NIAL OF ASSISTANCE FOR INDIVIDUALS FOUND TO 
HAVE USED ILLEGAL DRUGS AND INDIVIDUALS CON-
VICTED OF DRUG-RELATED OFFENSES.— 
‘‘(A) IN GENERAL.—A State to which a 
grant is made under section 403 shall operate 
a drug testing program that complies with the 
requirements of subparagraphs (A)(i) and (B) 
of section 402(a)(8). 
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‘‘(B) 
WAIVER
OF
CONSTITUTIONAL 
RIGHTS.—The State may not use any part of 
the grant to provide assistance to any individual 
who has not signed a waiver of constitutional 
rights with respect to testing conducted pursu-
ant to subparagraph (A). In the case of an indi-
vidual who is receiving assistance under the 
State program funded under this part on the 
effective date of this paragraph, or whose appli-
cation for the assistance is approved before 
such date if the assistance has not begun as of 
such date, a State may not provide the assist-
ance to the individual unless the individual has 
signed such a waiver not later than 90 days 
after such date. 
‘‘(C) DENIAL OF ASSISTANCE FOR INDI-
VIDUALS
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 de-
scribed in subparagraph (A); or 
‘‘(ii) an individual who is convicted of 
a drug-related crime after the effective 
date of this paragraph; 
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the State shall not provide assistance to the in-
dividual under the State program funded under 
this part until the expiration of the waiting pe-
riod described in subparagraph (D). 
‘‘(D) WAITING PERIOD AFTER DENIAL OF 
BENEFITS.—The waiting period described in 
this subparagraph shall extend 1 year after the 
date on which the individual is denied assist-
ance under subparagraph (C). 
‘‘(E) 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 con-
currently in time), or any combination of 3 such 
separate tests or convictions, a State may not 
provide assistance to the individual under the 
State program funded under this part after the 
3rd such test or conviction. 
‘‘(F) LIMITATION
ON
WAIVER
AUTHOR-
ITY.—The Secretary may not waive the provi-
sions of this paragraph under section 1115. 
‘‘(G) DEFINITIONS.—In this paragraph: 
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‘‘(i) ILLEGAL DRUG.—The term ‘ille-
gal drug’ means a controlled substance as 
defined in section 102 of the Controlled 
Substances Act (21 U.S.C. 802). 
‘‘(ii) 
DRUG-RELATED
CRIME.—The 
term ‘drug-related crime’ means any crime 
involving the possession, use, or sale of an 
illegal drug.’’. 
(c) PENALTY FOR FAILURE TO IMPLEMENT ILLEGAL 
DRUG USE TESTING PROGRAM.—Section 409(a) of such 
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 Sec-
retary 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 Sec-
retary shall reduce the grant payable to the State 
under section 403(a)(1) for the immediately suc-
ceeding fiscal year by an amount equal to 10 percent 
of the State family assistance grant.’’. 
(d) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section 
shall take effect on the 1st day of the 1st calendar 
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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 sec-
tion 402(a) of the Social Security Act which the Sec-
retary of Health and Human Services determines re-
quires State legislation (other than legislation appro-
priating funds) in order for the plan to meet the ad-
ditional requirements imposed by the amendments 
made by this Act, the State plan shall not be re-
garded 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 be-
fore the 1st day of the 1st calendar quarter begin-
ning after the close of the 1st regular session of the 
State legislature that begins after the date of enact-
ment of this Act. For purposes of the previous sen-
tence, in the case of a State that has a 2-year legis-
lative session, each year of such session shall be 
deemed to be a separate regular session of the State 
legislature. 
Æ 
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