I 
117TH CONGRESS 
1ST SESSION H. R. 3678 
To require certain welfare programs to deny benefits to persons who fail 
a drug test, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 1, 2021 
Mr. ROUZER introduced the following bill; which was referred to the Com-
mittee on Ways and Means, and in addition to the Committees on Agri-
culture, and Financial Services, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To require certain welfare programs to deny benefits to 
persons who fail a drug test, and for other purposes. 
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 Testing for Wel-
fare Recipients Act’’. 
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SEC. 2. DRUG SCREENING AND TESTING UNDER STATE 
PROGRAMS FOR TEMPORARY ASSISTANCE 
FOR NEEDY FAMILIES. 
(a) PROHIBITION.—Section 408(a) of the Social Se-
curity Act (42 U.S.C. 608(a)) is amended by adding at 
the end the following: 
‘‘(13) NO ASSISTANCE FOR INDIVIDUALS WHO 
FAIL DRUG SCREENING OR TESTING OR ARE NOT 
SCREENED OR TESTED FOR DRUG USE.— 
‘‘(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 for 
an individual who has attained 18 years of age, 
unless, before receipt of the assistance— 
‘‘(i) the State makes a determination, 
in a manner the State considers appro-
priate, of whether the individual has or has 
not been arrested for a drug-related of-
fense during the 5-year period immediately 
preceding the date on which the determina-
tion is made; 
‘‘(ii) in the case of an individual who 
is determined by the State to have been ar-
rested for a drug-related offense during the 
5-year period provided in clause (i), the in-
dividual tests negative for not less than 1 
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controlled substance, as specified by the 
State, in such manner and at such times 
as the State determines to be appropriate; 
and 
‘‘(iii) in the case of an individual who 
is determined by the State not to have 
been arrested for a drug-related offense 
during the 5-year period provided in clause 
(i), the individual— 
‘‘(I) completes substance abuse 
screening in such manner and at such 
times as the State considers appro-
priate; and 
‘‘(II)(aa) is determined pursuant 
to such screening not to have a high 
risk of abuse of a controlled sub-
stance; or 
‘‘(bb) is determined pursuant to 
such screening to have a high risk of 
abuse of a controlled substance and 
tests negative for not less than 1 con-
trolled substance, as specified by the 
State, in such manner and at such 
times as the State determines to be 
appropriate. 
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‘‘(B) EFFECT OF FAILING DRUG TEST.—In 
the case of an individual who tests positive for 
a controlled substance pursuant to subpara-
graph (A)(ii) or (A)(iii)(II)(bb), a State shall 
not provide assistance under the State program 
funded under this part for the individual for a 
period beginning on the date on which the State 
determines that the test result is positive and 
ending on the latest of— 
‘‘(i) the date that is 12 months after 
the date on which the State determines 
that the test result is positive; 
‘‘(ii) the date on which the individual 
successfully completes a treatment pro-
gram for each controlled substance for 
which the individual tested positive; or 
‘‘(iii) the date on which the individual 
tests negative for each such controlled sub-
stance, in such manner and at such times 
as the State determines to be appropriate. 
‘‘(C) RESPONSIBILITY FOR TESTING AND 
SCREENING.— 
‘‘(i) MANNER
AND
TIME.—A State 
may provide for testing and screening pur-
suant to paragraph (1), and retesting and 
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rescreening pursuant to paragraph (2), in 
such manner and at such times as the 
State agency considers appropriate. 
‘‘(ii) COSTS.—A State may not re-
quire an individual to pay the cost of test-
ing or screening conducted pursuant to 
this paragraph. 
‘‘(D) NO
EFFECT
ON
ASSISTANCE
FOR 
OTHER FAMILY MEMBERS.—The amount of as-
sistance payable for a family member of an in-
dividual for whom assistance is denied pursuant 
to this paragraph shall not be affected by the 
denial. 
‘‘(E) DEFINITIONS.—In this paragraph: 
‘‘(i) CONTROLLED SUBSTANCE.—The 
term ‘controlled substance’ means, with re-
spect to an individual, any controlled sub-
stance as defined in section 102 of the 
Controlled Substances Act (21 U.S.C. 802) 
that is not used by such individual pursu-
ant to a valid prescription or as otherwise 
authorized by law. 
‘‘(ii) DRUG-RELATED OFFENSE.—The 
term ‘drug-related offense’ means any 
criminal offense under State or Federal 
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