-CITE-
21 USC Sec. 862a 01/22/02
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE
PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL
AND ENFORCEMENT
Part D - Offenses and
Penalties
-HEAD-
Sec. 862a. Denial of assistance
and benefits for certain drug-related
convictions
-STATUTE-
(a) In general
An individual convicted
(under Federal or State law) of any offense
which is classified as a felony by the law of the jurisdiction
involved and which has as an element the possession, use,
or distribution of a controlled substance (as defined in section
802(6) of this title) shall not be eligible for -
(1) assistance under any
State program funded under part A of title
IV of the Social Security Act (42 U.S.C. 601 et seq.), or
(2) benefits under the food
stamp program (as defined in section
3(h) of the Food Stamp Act of 1977 (7 U.S.C. 2012(h))) or any
State program carried out under the Food Stamp Act of 1977 (7 U.S.C.
2011 et seq.).
(b) Effects
on assistance and benefits for others
(1) Program of temporary
assistance for needy families The
amount of assistance otherwise required to be provided under
a State program funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.) to the family members of
an individual to whom subsection (a) of this section applies shall
be reduced by the amount which would have otherwise been made
available to the individual under such part.
(2) Benefits under the Food
Stamp Act of 1977 The amount of benefits otherwise required to be
provided to a household under the food stamp program (as defined in
section 3(h) of the Food Stamp Act of 1977 (7 U.S.C. 2012(h))), or
any State program carried out under the Food Stamp Act of 1977 (7
U.S.C. 2011 et seq.), shall be determined by considering the individual
to whom subsection (a) of this section applies not to be a member
of such household, except that the income and resources of the individual
shall be considered to be income and resources of the household.
(c) Enforcement
A State that has not exercised its authority under subsection (d)(1)(A)
of this section shall require each individual applying for assistance
or benefits referred to in subsection (a) of this section, during the
application process, to state, in writing, whether the individual, or
any member of the household of the individual, has been convicted of
a crime described in subsection (a) of this section.
(d) Limitations
(1) State elections
(A) Opt out
A State may, by specific reference in a law enacted after August
22, 1996, exempt any or all individuals domiciled in the State from
the application of subsection (a) of this section.
(B) Limit period of prohibition
A State may, by law enacted after August 22, 1996, limit the period
for which subsection (a) of this section shall apply to any or all
individuals domiciled in the State.
(2) Inapplicability to convictions
occurring on or before August 22,
1996 Subsection (a)
of this section shall not apply to a conviction if
the conviction is for conduct occurring on or before August 22,
1996.
(e) ''State''
defined
For purposes of this
section, the term ''State'' has the meaning given
it -
(1) in section 419(5) of
the Social Security Act (42 U.S.C. 619(5)),
when referring to assistance provided under a State program
funded under part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.), and
(2) in section 3(m) of the
Food Stamp Act of 1977 (7 U.S.C. 2012(m)),
when referring to the food stamp program (as defined in section
3(h) of the Food Stamp Act of 1977 (7 U.S.C. 2012(h))) or any
State program carried out under the Food Stamp Act of 1977 (7 U.S.C.
2011 et seq.).
(f) Rule of
interpretation
Nothing in this section
shall be construed to deny the following Federal
benefits:
(1) Emergency medical services
under title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.).
(2) Short-term, noncash,
in-kind emergency disaster relief.
(3)(A) Public health assistance
for immunizations.
(B) Public health assistance
for testing and treatment of communicable
diseases if the Secretary of Health and Human Services
determines that it is necessary to prevent the spread of such
disease.
(4) Prenatal care.
(5) Job training programs.
(6) Drug treatment programs.
-SOURCE-
(Pub. L. 104-193, title I,
Sec. 115, Aug. 22, 1996, 110 Stat. 2180; Pub.
L. 105-33, title V, Sec. 5516(a), Aug. 5, 1997, 111 Stat. 620.)
-REFTEXT-
REFERENCES
IN TEXT
The Social Security Act,
referred to in subsecs. (a)(1), (b)(1), (e)(1),
and (f)(1), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended.
Part A of title IV of the Act is classified generally to part
A (Sec. 601 et seq.) of subchapter IV of chapter 7 of Title 42,
The Public Health and Welfare. Title XIX of the Act is classified
generally to subchapter XIX (Sec. 1396 et seq.) of chapter
7 of Title 42. For complete classification of this Act to the
Code, see section 1305 of Title 42 and Tables.
The Food Stamp Act of 1977,
referred to in subsecs. (a)(2), (b)(2),
and (e)(2), is Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703, as
amended, which is classified generally to chapter 51 (Sec. 2011 et
seq.) of Title 7, Agriculture. For complete classification of this
Act to the Code, see Short Title note set out under section 2011
of Title 7 and Tables.
-COD-
CODIFICATION
Section was enacted as part
of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, and not as part of the Controlled
Substances Act which comprises this subchapter.
-MISC3-
AMENDMENTS
1997 - Subsec. (d)(2). Pub.
L. 105-33 substituted ''a conviction if
the conviction is for conduct'' for ''convictions''.
EFFECTIVE
DATE OF 1997 AMENDMENT
Section 5518(d) of title
V of Pub. L. 105-33 provided that: ''The amendments
made by this chapter to a provision of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (Pub.
L. 104-193) that have not become part of another statute (chapter
1 (Sec. 5501-5518) of subtitle F of title V of Pub. L. 105-33,
amending this section, sections 601 to 603, 604 to 608, 609 to
611, and 612 to 617 of Title 42, The Public Health and Welfare, and
provisions set out as notes under section 612c of Title 7, Agriculture,
and sections 601 and 613 of Title 42) shall take effect
as if the amendments had been included in the provision at the
time the provision became law.''
EFFECTIVE DATE
Section effective July 1,
1997, with transition rules relating to State
options to accelerate such date, rules relating to claims, actions,
and proceedings commenced before such date, rules relating to
closing out of accounts for terminated or substantially modified programs
and continuance in office of Assistant Secretary for Family
Support, and provisions relating to termination of entitlement
under AFDC program, see section 116 of Pub. L. 104-193, as
amended, set out as an Effective Date note under section 601 of Title
42, The Public Health and Welfare.
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