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Regulations
& Codified CSA > USC > Subchapter
I, Part D > Section 862a
Sec. 862a. Denial of assistance and benefits for
certain drug-related convictions
(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.
(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.)
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.
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.
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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