Drug Testing and Crime-Related Restrictions in TANF, SNAP, and Housing Assistance Page: 4 of 35
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Drug Testing and Crime-Related Restrictions in TANF, SNAP, and Housing Assistance
Introduction
This report describes and compares the drug- and crime-related policy restrictions contained in
selected federal programs that provide assistance to low-income individuals and families: the
Temporary Assistance for Needy Families (TANF) block grant, the Supplemental Nutrition
Assistance Program (SNAP, formerly Food Stamps), and the three primary federal housing
assistance programs (the public housing program, the Section 8 Housing Choice Voucher
program, and the project-based Section 8 rental assistance program). These programs were
chosen because they serve many of the same families. However, the programs also differ. They
have different drug- and other crime-related restrictions, with varying levels of federal
administration and discretion for state or local administrators.
The drug- and crime-related restrictions in TANF, SNAP, and the housing assistance programs
were developed at different times in different laws, but it appears they are intended to serve
similar purposes. To some extent, they are intended to deter people from engaging in drug-related
and other criminal activity. They may also be intended to punish individuals for engaging in
undesirable behavior. Further, when resources are limited, these policies may be intended to
direct assistance to other households who are deemed more worthy of assistance. Additionally,
particularly for housing assistance programs, drug- and crime-related restrictions may be intended
to protect vulnerable communities from the consequences of drug-related and other criminal
activity.
The report begins by providing a brief overview of the history and evolution of policies
establishing drug- and crime-related restrictions in federal assistance programs. It then briefly
describes TANF, SNAP, and the three housing programs, and then discusses the specific policies
in those programs related to drug testing and drug-related and other criminal activity. It concludes
by comparing and contrasting those policies and highlighting considerations for policy makers.
Evolution of Federal Policies
Since governments began providing assistance to the poor, policy makers have been concerned
with whether those receiving benefits were worthy of assistance. 1"Worthiness" has been defined
both by judgments of economic need-are families or individuals truly unable to meet their needs
without assistance?-and judgments of character, often as evidenced by certain behaviors. When
the federal cash assistance program began in the 1930s,2 states were permitted to consider the
"moral character" of an applicant as a factor in determining eligibility.3 This led to states adopting
policies that reflected dominant societal expectations at the time about behavior and family
structure. Examples of such policies included so-called "suitable home" rules, giving state or
1 According to Regulating the Poor by Francis Fox Piven, as early as 1550 when relief for the poor began in Lyons,
France, there were provisions to distinguish the "worthy" poor from the "unworthy" and assist only those deemed
"worthy." Frances Fox Piven and Richard A. Cloward, Regulating the Poor: The Functions of Public Welfare (New
York: Pantheon Books, 1971).
2 The original program under the Social Security Act of 1935 was titled Aid to Dependent Children. It was renamed
Aid to Families with Dependent Children (AFDC) in 1962 and was replaced by the Temporary Assistance for Needy
Families (TANF) program in 1996.
3~ Roger E. Kohn, "AFDC Eligibility Requirements Unrelated to Need: The Impact of King v. Smith," University of
Pennsylvania Law Review, Vol. 118, No. 8 (July 1970), pp. 1219-1250.Congressional Research Service
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McCarty, Maggie; Aussenberg, Randy Alison; Falk, Gene & Carpenter, David H. Drug Testing and Crime-Related Restrictions in TANF, SNAP, and Housing Assistance, report, May 12, 2014; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc807150/m1/4/: accessed April 24, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.