What This Bill Does
This bill requires states to test welfare recipients for drug use before providing benefits from four major assistance programs. People who fail drug tests lose their benefits for up to 12 months or until they complete treatment and test negative, whichever is later.
##
Who It Affects
* Adults age 18 and older seeking benefits from Temporary Assistance for Needy Families (a welfare program)
* Adults age 18 and older applying for food assistance through the Supplemental Nutrition Assistance Program
* Adults age 18 and older seeking public housing or rental assistance vouchers
* State and federal agencies that run these programs
* State and local housing agencies
##
Key Provisions
* States must check whether applicants were arrested for drug-related offenses in the past five years before providing any assistance (Sec. 2(a), Sec. 3(a), Sec. 4(a))
* Applicants with prior drug-related arrests must test negative for controlled substances (illegal drugs) to receive benefits (Sec. 2(a), Sec. 3(a), Sec. 4(a))
* Applicants without prior drug-related arrests must complete substance abuse screening and either show low risk or test negative for controlled substances (Sec. 2(a), Sec. 3(a), Sec. 4(a))
* Individuals who test positive lose benefits starting when the test result comes back positive and ending on the latest of: 12 months later, completion of drug treatment, or a negative test result (Sec. 2(a), Sec. 3(a), Sec. 4(a))
* States cannot charge individuals or households for the cost of drug testing or screening (Sec. 2(a), Sec. 3(a), Sec. 4(a))
* States that fail to enforce these rules face 15 percent funding cuts to their welfare and housing assistance programs (Sec. 2(b), Sec. 3(b), Sec. 4(a))
##
What Changes
Currently, states do not universally require drug testing before providing these benefits. This bill would force states to test applicants or face federal funding penalties.
If someone fails a drug test, they would be ineligible for Temporary Assistance for Needy Families, food assistance, and housing assistance for up to 12 months or longer, even though other family members could still receive benefits.
States would need to set up new drug testing and screening systems and pay for all testing costs using existing program funds.
##
Important Definitions
* **Controlled Substance**: Any illegal drug as defined in federal law, except drugs prescribed by a doctor or authorized by law
* **Drug-Related Offense**: Any state or federal crime involving manufacturing, selling, distributing, using, or intending to manufacture, sell, distribute, or use controlled substances
* **Substance Abuse Screening**: An interview, questionnaire, or other screening tool approved by the state designed to determine if someone has a high risk of abusing controlled substances
##
Effective Date
The welfare assistance section takes effect on the first day of the first calendar month that begins after 240 days from when this bill becomes law (Sec. 2(c)).
The food assistance section takes effect 240 days after the bill becomes law (Sec. 3(c)).
The housing assistance section takes effect on the first day of the first calendar month that begins after 240 days from when this bill becomes law (Sec. 4(b)).
I
118TH CONGRESS
1ST SESSION
H. R. 204
To require certain welfare programs to deny benefits to persons who fail
a drug test, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 9, 2023
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-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Drug Testing for Wel-
4
fare Recipients Act’’.
5
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SEC. 2. DRUG SCREENING AND TESTING UNDER STATE
1
PROGRAMS FOR TEMPORARY ASSISTANCE
2
FOR NEEDY FAMILIES.
3
(a) PROHIBITION.—Section 408(a) of the Social Se-
4
curity Act (42 U.S.C. 608(a)) is amended by adding at
5
the end the following:
6
‘‘(13) NO ASSISTANCE FOR INDIVIDUALS WHO
7
FAIL DRUG SCREENING OR TESTING OR ARE NOT
8
SCREENED OR TESTED FOR DRUG USE.—
9
‘‘(A) IN GENERAL.—A State to which a
10
grant is made under section 403 shall not use
11
any part of the grant to provide assistance for
12
an individual who has attained 18 years of age,
13
unless, before receipt of the assistance—
14
‘‘(i) the State makes a determination,
15
in a manner the State considers appro-
16
priate, of whether the individual has or has
17
not been arrested for a drug-related of-
18
fense during the 5-year period immediately
19
preceding the date on which the determina-
20
tion is made;
21
‘‘(ii) in the case of an individual who
22
is determined by the State to have been ar-
23
rested for a drug-related offense during the
24
5-year period provided in clause (i), the in-
25
dividual tests negative for not less than 1
26
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•HR 204 IH
controlled substance, as specified by the
1
State, in such manner and at such times
2
as the State determines to be appropriate;
3
and
4
‘‘(iii) in the case of an individual who
5
is determined by the State not to have
6
been arrested for a drug-related offense
7
during the 5-year period provided in clause
8
(i), the individual—
9
‘‘(I) completes substance abuse
10
screening in such manner and at such
11
times as the State considers appro-
12
priate; and
13
‘‘(II)(aa) is determined pursuant
14
to such screening not to have a high
15
risk of abuse of a controlled sub-
16
stance; or
17
‘‘(bb) is determined pursuant to
18
such screening to have a high risk of
19
abuse of a controlled substance and
20
tests negative for not less than 1 con-
21
trolled substance, as specified by the
22
State, in such manner and at such
23
times as the State determines to be
24
appropriate.
25
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•HR 204 IH
‘‘(B) EFFECT OF FAILING DRUG TEST.—In
1
the case of an individual who tests positive for
2
a controlled substance pursuant to subpara-
3
graph (A)(ii) or (A)(iii)(II)(bb), a State shall
4
not provide assistance under the State program
5
funded under this part for the individual for a
6
period beginning on the date on which the State
7
determines that the test result is positive and
8
ending on the latest of—
9
‘‘(i) the date that is 12 months after
10
the date on which the State determines
11
that the test result is positive;
12
‘‘(ii) the date on which the individual
13
successfully completes a treatment pro-
14
gram for each controlled substance for
15
which the individual tested positive; or
16
‘‘(iii) the date on which the individual
17
tests negative for each such controlled sub-
18
stance, in such manner and at such times
19
as the State determines to be appropriate.
20
‘‘(C) RESPONSIBILITY FOR TESTING AND
21
SCREENING.—
22
‘‘(i) MANNER
AND
TIME.—A State
23
may provide for testing and screening pur-
24
suant to paragraph (1), and retesting and
25
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•HR 204 IH
rescreening pursuant to paragraph (2), in
1
such manner and at such times as the
2
State agency considers appropriate.
3
‘‘(ii) COSTS.—A State may not re-
4
quire an individual to pay the cost of test-
5
ing or screening conducted pursuant to
6
this paragraph.
7
‘‘(D) NO
EFFECT
ON
ASSISTANCE
FOR
8
OTHER FAMILY MEMBERS.—The amount of as-
9
sistance payable for a family member of an in-
10
dividual for whom assistance is denied pursuant
11
to this paragraph shall not be affected by the
12
denial.
13
‘‘(E) DEFINITIONS.—In this paragraph:
14
‘‘(i) CONTROLLED SUBSTANCE.—The
15
term ‘controlled substance’ means, with re-
16
spect to an individual, any controlled sub-
17
stance as defined in section 102 of the
18
Controlled Substances Act (21 U.S.C. 802)
19
that is not used by such individual pursu-
20
ant to a valid prescription or as otherwise
21
authorized by law.
22
‘‘(ii) DRUG-RELATED OFFENSE.—The
23
term ‘drug-related offense’ means any
24
criminal offense under State or Federal
25
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law relating to the manufacture, sale, dis-
1
tribution, use, or possession with intent to
2
manufacture, sell, distribute, or use, of a
3
controlled substance.
4
‘‘(iii) SUBSTANCE
ABUSE
SCREEN-
5
ING.—The term ‘substance abuse screen-
6
ing’ means an interview, questionnaire, or
7
other screening instrument approved by
8
the State, that is designed to be used to
9
determine whether an individual has a high
10
risk of abuse of a controlled substance.’’.
11
(b) PENALTY.—
12
(1) IN GENERAL.—Section 409(a) of such Act
13
(42 U.S.C. 609(a)) is amended by adding at the end
14
the following:
15
‘‘(17) FAILURE
TO
CONDITION
RECEIPT
OF
16
BENEFITS ON PASSING DRUG TESTING OR SCREEN-
17
ING.—If the Secretary determines that a State to
18
which a grant is made under section 403 for a fiscal
19
year has substantially failed to comply with section
20
408(a)(13) during the fiscal year, the Secretary
21
shall reduce the grant payable to the State under
22
section 403 for the immediately succeeding fiscal
23
year by an amount equal to 15 percent of the State
24
family assistance grant.’’.
25
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•HR 204 IH
(2) INAPPLICABILITY OF GOOD CAUSE EXCEP-
1
TION.—Section 409(b)(2) of such Act (42 U.S.C.
2
609(b)(2)) is amended by striking ‘‘or (13)’’ and in-
3
serting ‘‘(13), or (17)’’.
4
(3) INAPPLICABILITY OF CORRECTIVE COMPLI-
5
ANCE
PLAN
REQUIREMENT.—Section 409(c)(4) of
6
such Act (42 U.S.C. 609(c)) is amended by striking
7
‘‘or (16)’’ and inserting ‘‘(16), or (17)’’.
8
(c) EFFECTIVE DATE.—The amendments made by
9
this section shall take effect on the first day of the first
10
calendar month that begins after the 240-day period that
11
begins with the date of the enactment of this Act.
12
SEC. 3. DRUG SCREENING AND TESTING UNDER THE SUP-
13
PLEMENTAL NUTRITION ASSISTANCE PRO-
14
GRAM.
15
(a) DRUG TESTING AND SCREENING REQUIRED FOR
16
ELIGIBILITY.—Section 6 of the Food and Nutrition Act
17
of 2008 (7 U.S.C. 2015) is amended by adding at end
18
the following:
19
‘‘(t) ELIGIBILITY BASED ON REQUIRED DRUG TEST-
20
ING AND SCREENING.—
21
‘‘(1) IN GENERAL.—An individual who has at-
22
tained 18 years of age and who is otherwise eligible
23
to participate in the supplemental nutrition assist-
24
ance program as a member of a household shall be
25
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•HR 204 IH
eligible to participate in such program only if before
1
such assistance is provided with respect to such indi-
2
vidual—
3
‘‘(A) the State determines, in a manner
4
the State considers appropriate, whether such
5
individual has or has not been arrested for a
6
drug-related offense during the 5-year period
7
ending on the date on which the determination
8
is made;
9
‘‘(B) in the case of an individual who is de-
10
termined by the State to have been arrested for
11
a drug-related offense during such 5-year pe-
12
riod, such individual tests negative for not less
13
than 1 controlled substance, as specified by the
14
State, in such manner and at such times as the
15
State considers appropriate; and
16
‘‘(C) in the case of an individual who is de-
17
termined by the State not to have been arrested
18
for a drug-related offense during such 5-year
19
period, such individual—
20
‘‘(i) completes substance abuse screen-
21
ing, in such manner and at such times as
22
the State considers appropriate; and
23
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•HR 204 IH
‘‘(ii)(I) is determined pursuant to
1
such screening not to have a high risk of
2
abuse of a controlled substance; or
3
‘‘(II) is determined pursuant to such
4
screening to have a high risk of abuse of
5
a controlled substance and tests negative
6
for not less than 1 controlled substance, as
7
specified by the State, in such manner and
8
at such times as the State considers appro-
9
priate.
10
‘‘(2) EFFECT OF A POSITIVE DRUG TEST RE-
11
SULT.—If an individual tests positive for a con-
12
trolled substance pursuant to paragraph (1), such
13
assistance may not be provided with respect to such
14
individual for a period beginning on the date on
15
which the State agency determines that the test re-
16
sult is positive and ending on the latest of—
17
‘‘(A) the date that is 1 year after the date
18
on which the State agency determines that the
19
test result is positive;
20
‘‘(B) the date on which such individual
21
successfully completes a treatment program for
22
each controlled substance for which the indi-
23
vidual tested positive pursuant to paragraph
24
(1); and
25
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•HR 204 IH
‘‘(C) the date by which the test result for
1
such individual is not positive for each con-
2
trolled substance for which the individual tested
3
positive pursuant to paragraph (1).
4
‘‘(3)
RESPONSIBILITY
FOR
TESTING
AND
5
SCREENING.—
6
‘‘(A) The State agency may provide for
7
testing and screening pursuant to paragraph
8
(1), and retesting and rescreening pursuant to
9
paragraph (2), in such manner and at such
10
times as the State agency considers appro-
11
priate.
12
‘‘(B) The State agency may not require an
13
individual or a household to pay the cost of a
14
test or screening conducted pursuant to this
15
subsection.
16
‘‘(4) DEFINITIONS.—For purposes of this sub-
17
section:
18
‘‘(A)
CONTROLLED
SUBSTANCE.—The
19
term ‘controlled substance’ means a controlled
20
substance as defined in section 102 of the Con-
21
trolled Substances Act (21 U.S.C. 802) that is
22
not used by the tested individual pursuant to a
23
valid prescription or as otherwise authorized by
24
law.
25
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•HR 204 IH
‘‘(B)
DRUG-RELATED
OFFENSE.—The
1
term ‘drug-related offense’ means any criminal
2
offense under State or Federal law relating to
3
the manufacture, sale, distribution, use, or pos-
4
session with intent to manufacture, sell, dis-
5
tribute, or use, of a controlled substance.
6
‘‘(C) SUBSTANCE
ABUSE
SCREENING.—
7
The term ‘substance abuse screening’ means an
8
interview, questionnaire, or other screening in-
9
strument approved by the State, that is de-
10
signed to be used to determine whether an indi-
11
vidual has a high risk of abuse of a controlled
12
substance.’’.
13
(b) REDUCTION OF REIMBURSEMENT FOR ADMINIS-
14
TRATIVE COSTS.—Section 16 of the Food and Nutrition
15
Act of 2008 (7 U.S.C. 2025) is amended—
16
(1) in subsection (a) by striking ‘‘subsection
17
(k)’’ and inserting ‘‘subsections (k) and (l)’’, and
18
(2) by adding at end the following:
19
‘‘(l) FAILURE TO ENFORCE DRUG TESTING AND
20
SCREENING REQUIREMENTS.—If the Secretary deter-
21
mines that the State agency failed substantially to enforce
22
the eligibility requirement established in section 6(t) in a
23
fiscal year, the Secretary shall reduce by 15 percent the
24
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•HR 204 IH
amount otherwise payable under subsection (a) to such
1
State agency for the immediately succeeding fiscal year.’’.
2
(c) EFFECTIVE DATE.—The amendments made by
3
this section shall take effect 240 days after the date of
4
the enactment of this Act.
5
SEC. 4. DRUG SCREENING AND TESTING UNDER PUBLIC
6
HOUSING AND SECTION 8 RENTAL ASSIST-
7
ANCE PROGRAMS.
8
(a) PROHIBITION.—Section 214 of the Housing and
9
Community Development Act of 1980 (42 U.S.C. 1436a)
10
is amended by adding at the end the following:
11
‘‘(j) PROHIBITION OF HOUSING ASSISTANCE FOR IN-
12
DIVIDUALS WHO FAIL DRUG SCREENING OR TESTING OR
13
ARE NOT SCREENED OR TESTED.—
14
‘‘(1) IN GENERAL.—Notwithstanding any other
15
provision of law, the applicable administrative entity
16
may not make covered housing assistance available
17
for the benefit of any individual who has attained 18
18
years of age, unless, before such assistance is pro-
19
vided with respect to such individual—
20
‘‘(A) the applicable administrative entity
21
makes a determination, in a manner the entity
22
considers appropriate, of whether the individual
23
has or has not been arrested for a drug-related
24
offense during the 5-year period immediately
25
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•HR 204 IH
preceding the date on which the determination
1
is made;
2
‘‘(B) in the case of an individual who is de-
3
termined by the applicable administrative entity
4
to
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