I 
112TH CONGRESS 
1ST SESSION H. R. 1769 
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 
MAY 5, 2011 
Mr. BOUSTANY 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 ‘‘Drug Free Families 
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 new paragraph: 
‘‘(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 operate a program to test all appli-
cants for assistance under the State program 
funded under this part, and all individuals de-
scribed 
in 
subparagraph 
(B) 
of 
section 
408(a)(12), for the use of illegal drugs (as de-
fined in subparagraph (G)(i) of such section), 
and to deny assistance under such State pro-
gram 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 TEST-
ING.—The program described in subparagraph 
(A) may include a plan to continue testing indi-
viduals receiving assistance under the State 
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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 pro-
gram.’’. 
(b) REQUIREMENT THAT APPLICANTS AND INDIVID-
UALS 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; 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 not use 
any part of the grant to provide assistance to 
any individual who has not been tested for ille-
gal 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 2011, or whose application for assistance 
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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 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 the Drug Free Families Act of 
2011; 
the State shall not provide assistance to the in-
dividual under the State program funded under 
this part unless such individual enters and suc-
cessfully 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 indi-
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