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 pro-
gram. 
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 Michi-
gan, 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 Representa-
tives 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’’. 
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SEC. 2. DRUG TESTING PROGRAM FOR APPLICANTS FOR 
AND RECIPIENTS OF ASSISTANCE UNDER 
STATE TANF PROGRAMS. 
(a) 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: 
‘‘(12) REQUIREMENT FOR DRUG TESTING; DE-
NIAL 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 sub-
paragraph (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. 
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‘‘(B) DRUGS TO BE INCLUDED IN TEST-
ING.— 
‘‘(i) IN
GENERAL.—In conducting 
drug testing pursuant to subparagraph 
(A), the State shall test for each of the fol-
lowing: 
‘‘(I) Marijuana. 
‘‘(II) Cocaine. 
‘‘(III) Opiates. 
‘‘(IV) Amphetamines. 
‘‘(V) Methamphetamine. 
‘‘(VI) Phencyclidine. 
‘‘(VII) Heroin. 
‘‘(VIII) Lysergic acid diethylam-
ide. 
‘‘(IX) 
3,4-methylenedioxy 
am-
phetamine. 
‘‘(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. 
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‘‘(C) DENIAL OF ASSISTANCE FOR INDI-
VIDUALS WHO TEST POSITIVE FOR AN ILLEGAL 
DRUG.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in subparagraph (D), if an individual 
tests positive pursuant to subparagraph 
(A) for the use of any drug listed in sub-
paragraph (B)(i), the State may not pro-
vide 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 deter-
mined; and 
‘‘(II) the individual tests negative 
for the use of each drug listed in sub-
paragraph (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 
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(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 posi-
tive; 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 as-
sistance 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 
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tests negative for the use of each drug listed in 
subparagraph (B)(i) and the State provides as-
sistance under the State program funded under 
this part to the individual, the State shall in-
crease the first payment of such assistance in 
an amount equal to the amount paid by the in-
dividual under this subparagraph for the drug 
testing. 
‘‘(F) 
DESIGNEE
FOR
CHILD
BENE-
FICIARY.—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 des-
ignate 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 des-
ignate 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 REHABILITA-
TION OR TREATMENT PROGRAM.—In this para-
graph, the term ‘drug rehabilitation or treat-
ment program’ means a program that— 
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‘‘(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 Fed-
eral, State, and local laws and regula-
tions.’’. 
(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 add-
ing 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.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the 1st day of the 1st cal-
endar quarter that begins on or after the date that is 1 
year after the date of the enactment of this Act. 
Æ 
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