Coalition Letter Supporting Repeal of the Drug Felony Ban

The Honorable Bill Thomas
Chairman
Committee on Ways and Means
United States House of Representatives
1102 Longworth House Office Building
Washington, DC 20515

Dear Chairman Thomas:

The undersigned organizations and individuals write to support Section 419 of H.R. 3113, ”The TANF Reauthorization Act of 2001.” This provision calls for the repeal of section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which stipulates that persons convicted of a state or federal felony offense involving the use or sale of drugs are subject to a lifetime ban on receiving cash assistance and food stamps. Our comments focus on the urgent need to remove this lifetime ban for low-income and poor families, based on six years of experience we now have with the impact of the ban. The repeal of this provision is essential to the rehabilitative efforts of women ex-offenders and to the well-being of their children.

The lifetime welfare ban undermines the efforts of mothers to overcome addiction, develop essential marketable skills, become more productive members of their communities, attain self-sufficiency, and provide a safe and healthy living environment for their children. Studies show that most women with drug convictions committed their crimes while in active addiction, were using drugs in response to physical and sexual assault to self-medicate the pain of the abuse they were experiencing, and have had little access to help in dealing with their addictions or the abuse they were experiencing prior to being arrested.

The denial of cash assistance and food stamps to women as they return to their communities and attempt to rebuild their lives is counterproductive. As one affected woman has said, “now it really matters because I’m trying to do the right thing.” The lifetime welfare ban:

• endangers some of the most basic human rights of low-income and poor families, including food, housing, and clothing;
• makes it extremely difficult for women to enter or complete substance abuse treatment programs, or maintain recovery from addiction;
• interferes with the ability of mothers to find work or to return to school or enter job training programs to gain essential skills to become competitive in the labor market; and
• limits the effectiveness of community-based drug treatment programs that rely heavily on Temporary Assistance for Needy Families (TANF) and food stamps to cover their operating costs.

The harmful effects of the lifetime welfare ban on the services of drug treatment programs undermines two key mandates of the Bush administration:

• The National Drug Control Strategy which recognizes the increased need for community-based drug treatment programs in combating addiction in the US, and in turn tackling the drug trade which plagues the nation; and
• The national welfare plan which calls for “making special accommodations for individuals who need substance abuse treatment and job training” before they can successfully return to the labor market.

Numerous studies have demonstrated that TANF recipients with drug problems and criminal justice histories need treatment and other supportive services to make the expected transition to self-sufficiency. The denial of TANF and food stamps to women convicted of non-violent drug offenses makes the transition out of poverty very difficult for their families, and in some cases improbable.

As a result of the lifetime welfare ban, women who seek to rebuild their lives face a very uncertain future with greater obstacles than before their contact with the criminal justice system. It is estimated that since 1996, over 92,000 women are no longer eligible for welfare benefits. In addition, 135,000 children are at risk of coming in contact with child welfare services and the criminal justice system. Consequently, there is an increased likelihood that women will be compelled to live under very precarious environments - abusive relationships, overcrowded households – and to engage in illegal activity to survive and avoid homelessness. Moreover, child poverty and family dissolution will increase and parental supervision and involvement in the lives of children will decrease.

The lifetime welfare ban not only affects women ex-offenders and their children, it also impacts our communities. As an increasing number of women return to their communities without any support networks to assist in the transition back to their families and communities, lacking the marketable skills to become self-sufficient, and without comprehensive and adequate drug treatment to overcome their addiction, the societal costs associated with the ban will extend to the criminal justice and health care systems, as well as child welfare services, among others.

For these reasons, we support Section 419 of H.R. 3113 that calls for the repeal of the lifetime welfare ban. We call for the immediate passage of this section of the bill. Thank you for your attention to this matter.

Sincerely,

cc: Congressman Wally Herger, Chairman of the Subcommittee on Human Resources
     Congresswoman Patsy Mink, Sponsor of The TANF Reauthorization Act of 2001