	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). However, the programs also differ. Further, when resources are limited, these policies may be intended to direct assistance to other households who are deemed more worthy of assistance. "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. It also added prohibitions on assisting "fleeing felons" to all federal assistance programs, including TANF, SNAP, and housing assistance. The TANF cash assistance program provides aid to very poor families with children. States have considerable discretion in designing these programs, which are not subject to time limits, work requirements, or the drug testing and crime-related restrictions discussed in this report. Drug Testing and Crime-Related Restrictions

This section of the report describes specific federal TANF, SNAP, and housing assistance policies on drug testing and pertaining to drug-related and other criminal activity engaged in by applicants and recipients. State policies (other than Florida) generally require actual testing of only certain applicants and recipients. TANF Drug Felon Ban

The 1996 welfare law bars states from providing TANF assistance to persons convicted of a felony for possession, use, or distribution of illegal drugs, but it also gives states the ability to opt-out of the ban or modify the period for which the ban applies. New additions to this area of SNAP law were contemplated and added in the 2014 farm bill ( P.L. Some states have chosen to modify the ban by legislating that those convicted of a drug felony may be eligible for SNAP benefits subject to a drug test. PHAs and property owners across all three housing assistance programs are required under federal law to establish policies that deny admission to the programs to households that include tenants
who are determined by the administrator to be currently engaging in illegal use of a drug; whose illegal use of a drug or pattern of illegal use of a drug is determined by the administrator, based on reasonable cause, to interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents; whose abuse of alcohol or pattern of alcohol abuse is determined by the administrator, based on reasonable cause, to interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents; or who were evicted from federally assisted housing within the last three years for drug-related criminal activity, unless the tenant has completed a drug rehabilitation program or the circumstances leading to the eviction no longer exist (i.e., the offending tenant is no longer a member of the household). In all of these cases in which federal law requires the adoption of policies that allow for or make cause for termination of tenancy, the law does not go so far as to require the termination of tenancy (except in the case of production of methamphetamines on federally assisted property). They may also reflect the similarities and differences in the programs themselves, including the goals of the programs, how they are administered, the populations they serve, and what benefits are provided. Similarities and Differences

TANF, SNAP, and the major housing assistance programs are all administered either at the state or local level, and they have left a great deal of discretion to state or local decisionmakers. As a result, the experiences of similarly situated families will differ based both on where they live and in which assistance programs they wish to participate. Since societal concern about crime and drug use is not generally associated with persons who are elderly or have disabilities, SNAP and housing program administrators have a different set of considerations about how and to whom to apply crime- and drug-related policies than do TANF administrators. This report also observes that while some states are increasing their drug-related sanctions (specifically, implementing drug testing policies), most states are opting-out of or modifying the federal drug felon ban in TANF and SNAP. Also, the current sets of crime- and drug-related restrictions were established in the 1980s and 1990s, when rates of violent crime, particularly drug-related violent crime, were much higher than they are today. State Policies on Drug Testing in TANF
Throughout the history of social assistance programs, administrators have attempted to limit access only to those families considered "worthy" of assistance. Policies about worthiness have included both judgments about need—generally tied to income, demographic characteristics, or family circumstances—and judgments about moral character, often as evidenced by behavior. Past policies evaluating moral character based on family structure have been replaced by today's policies, which focus on criminal activity, particularly drug-related criminal activity. The existing crime- and drug-related restrictions were established in the late 1980s through the mid-1990s, when crime rates, especially drug-related violent crime rates, were at peak levels. While crime rates have since declined, some remain interested in expanding these policies.
The three programs examined in this report—the Temporary Assistance for Needy Families (TANF) block grant, the Supplemental Nutrition Assistance Program (SNAP, formerly Food Stamps), and federal housing assistance programs (public housing and Section 8 tenant and project-based assistance)—are similar, in that they are administered at the state or local level. They are different in the forms of assistance they provide. TANF provides cash assistance and other supports to low-income parents and their children, with a specific focus on promoting work. SNAP provides food assistance to a broader set of poor households including families with children, elderly households, and persons with disabilities. The housing assistance programs offer subsidized rental housing to all types of poor families, like SNAP.
All three programs feature some form of drug- and other crime-related restrictions and all three leave discretion in applying those restrictions to state and local administrators. Both TANF and SNAP are subject to the statutory "drug felon ban," which bars states from providing assistance to persons convicted of a drug-related felony, but also gives states the ability to opt-out of or modify the ban, which most states have done. The 2014 farm bill also added new restrictions for certain ex-offenders seeking SNAP assistance. Housing assistance programs are not subject to the drug felon ban, but they are subject to a set of policies that allows local program administrators to deny or terminate assistance to persons involved in drug-related or other criminal activity. Housing law also includes mandatory restrictions related to specific crimes, including sex offenses and methamphetamine production. All three programs also have specific restrictions related to fugitive felons.
Recently, the issue of drug testing in federal assistance programs has risen in prominence. In the case of TANF, states are permitted to drug-test recipients; however, state policies involving suspicionless drug testing of TANF applicants and recipients have been successfully challenged in courts. Most state policies on drug testing TANF applicants and recipients require the state to have a "reasonable suspicion" that he or she is using illegal drugs. SNAP law does not explicitly address drug testing, but given the way that SNAP and TANF law interact, state TANF drug testing policies may affect SNAP participants. The laws governing housing assistance programs are silent on the topic of drug testing.
The current set of crime- and drug-related restrictions in federal assistance programs is not consistent across programs, meaning that similarly situated persons may have different experiences based on where they live and what assistance they are seeking. This variation may be considered important, in that it reflects a stated policy goal of local discretion. However, the variation may also be considered problematic if it leads to confusion among eligible recipients as to what assistance they are eligible for or if the variation is seen as inequitable. Proposals to modify these policies also highlight a tension that exists between the desire to use these policies as a deterrent or punishment and the desire to support the neediest families, including those that have ex-offenders in the household.