[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 204 Introduced in House (IH)]
<DOC>
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
Committee on Ways and Means, and in addition to the Committees on
Agriculture, and Financial Services, for a period to be subsequently
determined 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug Testing for Welfare Recipients
Act''.
SEC. 2. DRUG SCREENING AND TESTING UNDER STATE PROGRAMS FOR TEMPORARY
ASSISTANCE FOR NEEDY FAMILIES.
(a) Prohibition.--Section 408(a) of the Social Security 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 appropriate, of
whether the individual has or has not been
arrested for a drug-related offense during the
5-year period immediately preceding the date on
which the determination is made;
``(ii) in the case of an individual who is
determined by the State to have been arrested
for a drug-related offense during the 5-year
period provided in clause (i), the individual
tests negative for not less than 1 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
appropriate; and
``(II)(aa) is determined pursuant
to such screening not to have a high
risk of abuse of a controlled
substance; 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
controlled substance, as specified by
the State, in such manner and at such
times as the State determines to be
appropriate.
``(B) Effect of failing drug test.--In the case of
an individual who tests positive for a controlled
substance pursuant to subparagraph (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 program for
each controlled substance for which the
individual tested positive; or
``(iii) the date on which the individual
tests negative for each such controlled
substance, 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 pursuant to paragraph
(1), and retesting and rescreening pursuant to
paragraph (2), in such manner and at such times
as the State agency considers appropriate.
``(ii) Costs.--A State may not require an
individual to pay the cost of testing or
screening conducted pursuant to this paragraph.
``(D) No effect on assistance for other family
members.--The amount of assistance payable for a family
member of an individual 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 respect to
an individual, any controlled substance as
defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802) that is not used
by such individual pursuant 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 law relating to
the manufacture, sale, distribution, use, or
possession with intent to manufacture, sell,
distribute, or use, of a controlled substance.
``(iii) Substance abuse screening.--The
term `substance abuse screening' means an
interview, questionnaire, or other screening
instrument approved by the State, that is
designed to be used to determine whether an
individual has a high risk of abuse of a
controlled substance.''.
(b) Penalty.--
(1) In general.--Section 409(a) of such Act (42 U.S.C.
609(a)) is amended by adding at the end the following:
``(17) Failure to condition receipt of benefits on passing
drug testing or screening.--If the Secretary determines that a
State to which a grant is made under section 403 for a fiscal
year has substantially failed to comply with section 408(a)(13)
during the fiscal year, the Secretary shall reduce the grant
payable to the State under section 403 for the immediately
succeeding fiscal year by an amount equal to 15 percent of the
State family assistance grant.''.
(2) Inapplicability of good cause exception.--Section
409(b)(2) of such Act (42 U.S.C. 609(b)(2)) is amended by
striking ``or (13)'' and inserting ``(13), or (17)''.
(3) Inapplicability of corrective compliance plan
requirement.--Section 409(c)(4) of such Act (42 U.S.C. 609(c))
is amended by striking ``or (16)'' and inserting ``(16), or
(17)''.
(c) Effective Date.--The amendments made by this section shall take
effect on the first day of the first calendar month that begins after
the 240-day period that begins with the date of the enactment of this
Act.
SEC. 3. DRUG SCREENING AND TESTING UNDER THE SUPPLEMENTAL NUTRITION
ASSISTANCE PROGRAM.
(a) Drug Testing and Screening Required for Eligibility.--Section 6
of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is amended by
adding at end the following:
``(t) Eligibility Based on Required Drug Testing and Screening.--
``(1) In general.--An individual who has attained 18 years
of age and who is otherwise eligible to participate in the
supplemental nutrition assistance program as a member of a
household shall be eligible to participate in such program only
if before such assistance is provided with respect to such
individual--
``(A) the State determines, in a manner the State
considers appropriate, whether such individual has or
has not been arrested for a drug-related offense during
the 5-year period ending on the date on which the
determination is made;
``(B) in the case of an individual who is
determined by the State to have been arrested for a
drug-related offense during such 5-year period, such
individual tests negative for not less than 1
controlled substance, as specified by the State, in
such manner and at such times as the State considers
appropriate; and
``(C) in the case of an individual who is
determined by the State not to have been arrested for a
drug-related offense during such 5-year period, such
individual--
``(i) completes substance abuse screening,
in such manner and at such times as the State
considers appropriate; and
``(ii)(I) is determined pursuant to such
screening not to have a high risk of abuse of a
controlled substance; or
``(II) 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 controlled substance, as specified
by the State, in such manner and at such times
as the State considers appropriate.
``(2) Effect of a positive drug test result.--If an
individual tests positive for a controlled substance pursuant
to paragraph (1), such assistance may not be provided with
respect to such individual for a period beginning on the date
on which the State agency determines that the test result is
positive and ending on the latest of--
``(A) the date that is 1 year after the date on
which the State agency determines that the test result
is positive;
``(B) the date on which such individual
successfully completes a treatment program for each
controlled substance for which the individual tested
positive pursuant to paragraph (1); and
``(C) the date by which the test result for such
individual is not positive for each controlled
substance for which the individual tested positive
pursuant to paragraph (1).
``(3) Responsibility for testing and screening.--
``(A) The State agency may provide for testing and
screening pursuant to paragraph (1), and retesting and
rescreening pursuant to paragraph (2), in such manner
and at such times as the State agency considers
appropriate.
``(B) The State agency may not require an
individual or a household to pay the cost of a test or
screening conducted pursuant to this subsection.
``(4) Definitions.--For purposes of this subsection:
``(A) Controlled substance.--The term `controlled
substance' means a controlled substance as defined in
section 102 of the Controlled Substances Act (21 U.S.C.
802) that is not used by the tested individual pursuant
to a valid prescription or as otherwise authorized by
law.
``(B) Drug-related offense.--The term `drug-related
offense' means any criminal offense under State or
Federal law relating to the manufacture, sale,
distribution, use, or possession with intent to
manufacture, sell, distribute, or use, of a controlled
substance.
``(C) Substance abuse screening.--The term
`substance abuse screening' means an interview,
questionnaire, or other screening instrument approved
by the State, that is designed to be used to determine
whether an individual has a high risk of abuse of a
controlled substance.''.
(b) Reduction of Reimbursement for Administrative Costs.--Section
16 of the Food and Nutrition Act of 2008 (7 U.S.C. 2025) is amended--
(1) in subsection (a) by striking ``subsection (k)'' and
inserting ``subsections (k) and (l)'', and
(2) by adding at end the following:
``(l) Failure To Enforce Drug Testing and Screening Requirements.--
If the Secretary determines that the State agency failed substantially
to enforce the eligibility requirement established in section 6(t) in a
fiscal year, the Secretary shall reduce by 15 percent the amount
otherwise payable under subsection (a) to such State agency for the
immediately succeeding fiscal year.''.
(c) Effective Date.--The amendments made by this section shall take
effect 240 days after the date of the enactment of this Act.
SEC. 4. DRUG SCREENING AND TESTING UNDER PUBLIC HOUSING AND SECTION 8
RENTAL ASSISTANCE PROGRAMS.
(a) Prohibition.--Section 214 of the Housing and Community
Development Act of 1980 (42 U.S.C. 1436a) is amended by adding at the
end the following:
``(j) Prohibition of Housing Assistance for Individuals Who Fail
Drug Screening or Testing or Are Not Screened or Tested.--
``(1) In general.--Notwithstanding any other provision of
law, the applicable administrative entity may not make covered
housing assistance available for the benefit of any individual
who has attained 18 years of age, unless, before such
assistance is provided with respect to such individual--
``(A) the applicable administrative entity makes a
determination, in a manner the entity considers
appropriate, of whether the individual has or has not
been arrested for a drug-related offense during the 5-
year period immediately preceding the date on which the
determination is made;
``(B) in the case of an individual who is
determined by the applicable administrative entity to
have been arrested for a drug-related offense during
the 5-year period provided in subparagraph (A), the
individual tests negative for each controlled substance
that the entity has determined to be appropriate for
testing; and
``(C) in the case of an individual who is
determined by the applicable administrative entity 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 entity
considers appropriate; and
``(ii)(I) is determined pursuant to such
screening not to have a high risk of abuse of a
controlled substance; or
``(II) is determined pursuant to such
screening to have a high risk of abuse of a
controlled substance and tests negative for
each controlled substance that the entity has
determined to be appropriate for testing.
The applicable administrative entity shall determine that not
less than 1 controlled substance, as specified by the entity,
is appropriate for testing for purposes of this paragraph.
``(2) Effect of failing drug test.--If an individual tests
positive for a controlled substance pursuant to paragraph
(1)(B) or (1)(C)(ii)(II), covered housing assistance may not be
provided with respect to such individual for the period
beginning on the date on which the applicable administrative
entity determines that the test result is positive and ending
on the latest of--
``(A) the date that is 12 months after the date on
which the applicable administrative entity determines
that the test result is positive;
``(B) the date on which the individual successfully
completes a treatment program for each controlled
substance for which the individual tested positive; and
``(C) the date on which the individual tests
negative for each such controlled substance, in such
manner and at such times as the applicable
administrative entity determines to be appropriate.
``(3) Responsibility for testing and screening.--
``(A) Manner and time.--An applicable
administrative entity may provide for testing and
screening pursuant to paragraph (1), and retesting and
rescreening pursuant to paragraph (2), in such manner
and at such times as the entity determines to be
appropriate.
``(B) Costs.--An applicable administrative entity
may not require an individual or family to pay the cost
of a test or screening conducted pursuant to this
subsection.
``(4) Proration of financial assistance.--If an individual
for whose benefit covered housing assistance is prohibited
pursuant to this subsection is a member of family that includes
at least one other member whose eligibility under this
subsection for such assistance has been affirmatively
established pursuant to testing under this subsection, covered
housing assistance made available to such family shall be
prorated, based on the number of individuals in the family for
whom eligibility under this subsection for such assistance has
been affirmatively established pursuant to testing under this
subsection as compared with the total number of individuals who
are members of the family.
``(5) Failure to enforce drug testing requirement.--If the
Secretary of Housing and Urban Development determines that a
public housing agency has substantially failed to comply with
this subsection during a fiscal year, the Secretary shall
reduce by 15 percent the amount otherwise provided to the
agency, for the immediately succeeding fiscal year, under each
of the following programs:
``(A) The public housing Capital Fund program under
section 9(d) of the United States Housing Act of 1937
(42 U.S.C. 1437g(d)).
``(B) The public housing Operating Fund program
under section 9(e) of the United States Housing Act of
1937 (42 U.S.C. 1437g(e)).
``(C) All programs for rental housing assistance
under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
``(6) Use of housing assistance amounts for testing.--
Notwithstanding any other provision of law, amounts made
available under the following provisions of law may be used for
costs of testing individuals for controlled substances for
purposes of compliance with this section, as follows:
``(A) Amounts made available under the public
housing Operating Fund program under section 9(e) of
the United States Housing Act of 1937 (42 U.S.C.
1437g(e)) may be used for such testing for residents
of, and applicants for residency in, public housing.
``(B) Amounts made available to a public housing
agency for administrative fees under section 8(q) of
the United States Housing Act of 1937 (42 U.S.C.
1437f(q)) may be used for such testing for individuals
on behalf of whom rental assistance under such section
is provided by the agency and applicants for such
assistance.
``(C) Amounts made available for project-based
rental assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f) may be used for
such testing for residents of, and applicants for
residency in, dwelling units in housing projects for
which such assistance is provided.
``(7) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Applicable administrative entity.--The term
`applicable administrative entity' means--
``(i) a public housing agency, with respect
to covered housing assistance administered by
such agency; and
``(ii) the Secretary, with respect to
project-based rental assistance under section 8
of the United States Housing Act of 1937 (42
U.S.C. 1437f).
``(B) Controlled substance.--The term `controlled
substance' means, with respect to an individual, a
controlled substance as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802) that is not
used by such individual pursuant to a valid
prescription or as otherwise authorized by law.
``(C) Covered housing assistance.--The term
`covered housing assistance' means financial assistance
made available pursuant to the United States Housing
Act of 1937 (42 U.S.C. 1437 et seq.).
``(D) Drug-related offense.--The term `drug-related
offense' means any criminal offense under State or
Federal law relating to the manufacture, sale,
distribution, use, or possession with intent to
manufacture, sell, distribute, or use, of a controlled
substance.
``(E) Substance abuse screening.--The term
`substance abuse screening' means an interview,
questionnaire, or other screening instrument approved
by the applicable administrative entity that is
designed to be used to determine whether an individual
has a high risk of abuse of a controlled substance.
``(8) Other provisions of law.--This subsection may not be
construed to affect the applicability of any provision of
section 576 or 577 of the Quality Housing and Work
Responsibility Act of 1998 (42 U.S.C. 13661, 13662) or of
section 6(l), 8(o)(7), or 16(f) of the United States Housing
Act of 1937 (42 U.S.C. 1437n(f)), except that the Secretary of
Housing and Urban Development shall ensure that any standards
or lease provisions established pursuant to such sections are
consistent with this subsection.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the first day of the first calendar month that begins after
the expiration of the 240-day period beginning on the date of the
enactment of this Act.
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