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Adds a new subsection (j) to 42 U.S.C. 1436a establishing eligibility conditions tied to drug-related arrest determinations, substance abuse screening, and drug testing; sets consequences for positive tests; allows use of certain HUD program funds for testing; authorizes a 15% funding reduction for noncompliant PHAs; and defines key terms.
Adds a new subsection (t) to section 6 (7 U.S.C. 2015) establishing eligibility requirements tied to drug arrest history, drug testing, and substance abuse screening for SNAP participants aged 18 and over, defines consequences for positive tests, prohibits charging individuals/households for tests, and provides definitions for controlled substance, drug-related offense, and substance abuse screening.
Amends section 16 (7 U.S.C. 2025) to reference the newly added subsection and adds a new subsection (l) authorizing a 15 percent reduction in administrative payments to State agencies that the Secretary determines substantially failed to enforce the new section 6(t) eligibility requirement.
Adds a new paragraph (13) to section 408(a) of the Social Security Act imposing conditions (drug arrest-history determination, drug testing/screening requirements, and related definitions and limitations) on providing assistance under the State program funded under this part.
Adds a new paragraph (17) to section 409(a) authorizing a penalty (15 percent reduction of the State family assistance grant) for substantial failure to comply with the new section 408(a)(13) requirements.
Requires adults (age 18+) to undergo drug screening and, in many cases, drug testing before receiving cash welfare (TANF), SNAP food benefits, or HUD public housing/Section 8 assistance. People who test positive can be denied or suspended from benefits for a set period unless they complete treatment or later test negative; States or agencies that fail to implement the rules risk losing 15% of certain federal administrative/family assistance funds. The TANF and SNAP rules take effect 240 days after enactment; the housing provisions use a separate delayed effective date.
Adds paragraph (13) to Section 408(a) of the Social Security Act: A State shall not use any part of its section 403 grant to provide assistance for an individual who has attained 18 years of age if the individual fails drug screening or testing or is not screened or tested as required before receiving assistance.
Before giving assistance, the State must determine whether the individual was arrested for a drug-related offense during the 5-year period immediately before the determination.
If the individual was arrested for a drug-related offense in that 5-year period, the individual must test negative for not less than one controlled substance (as specified by the State) in the manner and at the times the State determines appropriate before receiving assistance.
If the individual was not arrested for a drug-related offense in that 5-year period, the individual must complete substance abuse screening in the manner and at the times the State considers appropriate (the section also references further screening/testing subclauses).
If an individual tests positive for a controlled substance under the specified provisions, the State shall not provide assistance to that individual beginning on the date the State determines the result is positive and ending on the latest of: (i) 12 months after the determination date; (ii) the date the individual successfully completes a treatment program for each controlled substance for which the individual tested positive; or (iii) the date the individual tests negative for each such controlled substance, in the manner and times the State determines appropriate.
Directly affected groups include adults seeking or receiving TANF cash assistance, SNAP food benefits, and applicants/households seeking or receiving HUD public housing or Section 8 assistance. The law imposes new administrative duties on State agencies and public housing authorities: setting up screening protocols, procuring and paying for tests (within the limits the law allows), tracking results, enforcing benefit denials or suspensions, and handling appeals. States that fail to implement the new rules face financial penalties that reduce funding for family assistance or administrative reimbursements by up to 15%, which can strain program budgets. Low-income individuals who use drugs or who have recent drug‑related arrests face increased risk of benefit loss, temporary homelessness, reduced food security, or barriers to housing unless they access and complete approved treatment and testing protocols. Public housing agencies will need new policies and staff procedures; HUD will be responsible for oversight and any rulemaking tied to the delayed effective date. Overall, the measure increases program oversight and enforcement costs, risks reducing enrollment and benefit access for some vulnerable people, and creates potential legal and administrative disputes between states/agencies and the federal government over compliance and funding.
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.
Introduced January 13, 2025 by David Rouzer · Last progress January 13, 2025
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Referred to the Subcommittee on Nutrition and Foreign Agriculture.
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.
Introduced in House