Bills of Congress by U.S. Congress

H.R.372 - Drug Testing for Welfare Recipients Act (119th Congress)

Summary

H.R.372, the "Drug Testing for Welfare Recipients Act," mandates drug screening and testing for adults receiving benefits under TANF, SNAP, and public housing programs. States are required to determine if applicants have been arrested for drug-related offenses in the past five years. Those with arrest records, or deemed high-risk through screening, must test negative for controlled substances to receive benefits.

Positive tests result in a denial of benefits for up to 12 months, until completion of a treatment program, or a negative retest. The bill also includes penalties for states that fail to enforce these drug testing requirements, reducing their federal funding by 15%.

The bill aims to reduce substance abuse among welfare recipients and ensure responsible use of taxpayer funds.

Expected Effects

The bill will likely result in some individuals being denied welfare benefits due to positive drug tests. This could lead to increased hardship for those individuals and their families.

It could also incentivize some individuals to seek drug treatment in order to regain eligibility for benefits. States will face increased administrative costs for implementing and managing the drug testing programs.

Potential Benefits

  • May reduce substance abuse among welfare recipients.
  • Could lead to more responsible use of taxpayer funds.
  • May incentivize individuals to seek drug treatment.
  • Could deter individuals with substance abuse issues from applying for welfare benefits.
  • Could reduce the overall cost of welfare programs by removing ineligible individuals.

Potential Disadvantages

  • May create additional barriers for individuals seeking assistance.
  • Could disproportionately affect low-income individuals and families.
  • Raises privacy concerns regarding mandatory drug testing.
  • States will incur significant administrative costs for testing and screening.
  • Could lead to increased hardship for individuals denied benefits.

Constitutional Alignment

The constitutionality of H.R. 372 is debatable, particularly concerning the Fourth Amendment's protection against unreasonable searches and seizures. Mandatory drug testing could be viewed as a violation of this amendment, especially without individualized suspicion.

However, the government may argue that such testing is permissible as a condition for receiving public benefits, framing it as a reasonable measure to ensure responsible use of taxpayer funds. The Supreme Court has addressed similar issues, and the outcome could depend on the specific details of the implementation and the justification provided by the government.

The Tenth Amendment reserves powers not delegated to the federal government to the states, potentially giving states some leeway in administering welfare programs, but this is balanced by the federal government's power to set conditions on federal funding.

Impact Assessment: Things You Care About

This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).