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-
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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law relating to the manufacture, sale, dis-
tribution, use, or possession with intent to 
manufacture, sell, distribute, or use, of a 
controlled substance. 
‘‘(iii) SUBSTANCE
ABUSE
SCREEN-
ING.—The term ‘substance abuse screen-
ing’ 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 SCREEN-
ING.—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.’’. 
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(2) INAPPLICABILITY OF GOOD CAUSE EXCEP-
TION.—Section 409(b)(2) of such Act (42 U.S.C. 
609(b)(2)) is amended by striking ‘‘or (13)’’ and in-
serting ‘‘(13), or (17)’’. 
(3) INAPPLICABILITY OF CORRECTIVE COMPLI-
ANCE
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 SUP-
PLEMENTAL NUTRITION ASSISTANCE PRO-
GRAM. 
(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 TEST-
ING AND SCREENING.— 
‘‘(1) IN GENERAL.—An individual who has at-
tained 18 years of age and who is otherwise eligible 
to participate in the supplemental nutrition assist-
ance program as a member of a household shall be 
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eligible to participate in such program only if before 
such assistance is provided with respect to such indi-
vidual— 
‘‘(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 de-
termined by the State to have been arrested for 
a drug-related offense during such 5-year pe-
riod, 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 de-
termined by the State not to have been arrested 
for a drug-related offense during such 5-year 
period, such individual— 
‘‘(i) completes substance abuse screen-
ing, in such manner and at such times as 
the State considers appropriate; and 
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‘‘(C) the date by which the test result for 
such individual is not positive for each con-
trolled 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 appro-
priate. 
‘‘(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 sub-
section: 
‘‘(A) 
CONTROLLED
SUBSTANCE.—The 
term ‘controlled substance’ means a controlled 
substance as defined in section 102 of the Con-
trolled 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. 
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‘‘(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 pos-
session with intent to manufacture, sell, dis-
tribute, or use, of a controlled substance. 
‘‘(C) SUBSTANCE
ABUSE
SCREENING.— 
The term ‘substance abuse screening’ means an 
interview, questionnaire, or other screening in-
strument approved by the State, that is de-
signed to be used to determine whether an indi-
vidual has a high risk of abuse of a controlled 
substance.’’. 
(b) REDUCTION OF REIMBURSEMENT FOR ADMINIS-
TRATIVE 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 deter-
mines 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 
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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 ASSIST-
ANCE 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 IN-
DIVIDUALS 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 pro-
vided 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 
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preceding the date on which the determination 
is made; 
‘‘(B) in the case of an individual who is de-
termined by the applicable administrative entity 
to have been arrested for a drug-related offense 
during the 5-year period provided in subpara-
graph (A), the individual tests negative for each 
controlled substance that the entity has deter-
mined to be appropriate for testing; and 
‘‘(C) in the case of an individual who is de-
termined by the applicable administrative entity 
not to have been arrested for a drug-related of-
fense during the 5-year period provided in 
clause (i), the individual— 
‘‘(i) completes substance abuse screen-
ing 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 enti-
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ty has determined to be appropriate for 
testing. 
The applicable administrative entity shall determine 
that not less than 1 controlled substance, as speci-
fied by the entity, is appropriate for testing for pur-
poses 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), cov-
ered housing assistance may not be provided with re-
spect to such individual for the period beginning on 
the date on which the applicable administrative enti-
ty 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 en-
tity determines that the test result is positive; 
‘‘(B) the date on which the individual suc-
cessfully completes a treatment program for 
each controlled substance for which the indi-
vidual 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 applica-
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ble administrative entity determines to be ap-
propriate. 
‘‘(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 para-
graph (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 estab-
lished pursuant to testing under this subsection, cov-
ered housing assistance made available to such fam-
ily shall be prorated, based on the number of indi-
viduals in the family for whom eligibility under this 
subsection for such assistance has been affirmatively 
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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 RE-
QUIREMENT.—If the Secretary of Housing and 
Urban Development determines that a public hous-
ing 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 suc-
ceeding fiscal year, under each of the following pro-
grams: 
‘‘(A) The public housing Capital Fund pro-
gram 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 as-
sistance 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 
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‘‘(7) DEFINITIONS.—For purposes of this sub-
section, the following definitions shall apply: 
‘‘(A) APPLICABLE ADMINISTRATIVE ENTI-
TY.—The term ‘applicable administrative entity’ 
means— 
‘‘(i) a public housing agency, with re-
spect to covered housing assistance admin-
istered by such agency; and 
‘‘(ii) the Secretary, with respect to 
project-based rental assistance under sec-
tion 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 de-
fined in section 102 of the Controlled Sub-
stances 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 fi-
nancial assistance made available pursuant to 
the United States Housing Act of 1937 (42 
U.S.C. 1437 et seq.). 
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‘‘(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 pos-
session with intent to manufacture, sell, dis-
tribute, or use, of a controlled substance. 
‘‘(E) SUBSTANCE
ABUSE
SCREENING.— 
The term ‘substance abuse screening’ means an 
interview, questionnaire, or other screening in-
strument approved by the applicable adminis-
trative entity that is designed to be used to de-
termine whether an individual has a high risk 
of abuse of a controlled substance. 
‘‘(8) OTHER PROVISIONS OF LAW.—This sub-
section may not be construed to affect the applica-
bility 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 Sec-
retary of Housing and Urban Development shall en-
sure that any standards or lease provisions estab-
lished pursuant to such sections are consistent with 
this subsection.’’. 
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(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. 
Æ 
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