PolicyBrief
H.R. 372
119th CongressJan 13th 2025
Drug Testing for Welfare Recipients Act
IN COMMITTEE

This bill mandates drug screening and testing for adults to receive federal assistance through Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), public housing, and Section 8 rental assistance programs, with penalties for states and agencies that do not comply.

David Rouzer
R

David Rouzer

Representative

NC-7

LEGISLATION

Welfare Reform Bill Mandates Drug Tests for TANF, SNAP, and Housing Assistance: Non-Compliance Could Cost States 15% of Federal Funding

The "Drug Testing for Welfare Recipients Act" is a new bill that links federal assistance programs to mandatory drug screening and testing. Starting roughly eight months from now (240 days after enactment, as stated in SEC. 2, 3, and 4), adults applying for or receiving benefits from TANF (Temporary Assistance for Needy Families), SNAP (Supplemental Nutrition Assistance Program, formerly food stamps), and federal housing assistance will face new hurdles.

Screening the System

The core of this bill revolves around mandatory drug screening and testing for adult recipients of TANF, SNAP, and housing assistance. The bill requires states and public housing agencies to check if applicants have had a drug-related arrest within the past five years (SEC. 2, 3, & 4). If so, they must pass a drug test to get benefits. Even without a prior arrest, applicants will undergo a "substance abuse screening" – an interview or questionnaire to gauge their risk of substance abuse (defined in SEC. 2). If flagged as "high risk," they'll also need a clean drug test. A "controlled substance," in this case, means anything on the federal Controlled Substances Act list that isn't backed by a valid prescription (SEC. 2).

Real-World Rollout

Let's say a single mom applies for SNAP benefits. If she was arrested for possession three years ago, she'll automatically need a drug test (SEC. 3). If she passes, she's eligible. If she fails, she's out of luck for at least a year, and even then, she'll only be reconsidered after completing a treatment program and passing another test (SEC. 3). Or, picture a construction worker applying for Section 8 housing. He's never been arrested, but if the screening process flags him as high-risk, he’ll need to pass a drug test to qualify for housing assistance (SEC. 4). The bill pointedly states that costs for testing and screening are the full responsibility of the states, and individuals cannot be charged (SEC. 2, 3, & 4). It should also be noted that if one family member fails, the rest of the family still receives a reduced amount of aid (SEC. 2 & 4).

The Bottom Line and the Big Picture

This bill is a major shift in how welfare programs operate. While proponents might argue it promotes responsibility and discourages drug use, the practical impact is that it adds significant hurdles for people already struggling. States that don't fully comply with the screening and testing mandates face a hefty 15% cut in federal funding for the relevant programs (SEC. 2, 3, & 4). This could place a significant financial burden on states, and create a conflict of interest as they balance their budgets against the needs of vulnerable residents. The bill also raises privacy concerns, given the sensitive nature of drug testing and the potential for data storage and misuse. It's also worth noting that even an arrest without a conviction triggers the testing requirement, which goes against the principle of "innocent until proven guilty."