
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC862a]

 
                        TITLE 21--FOOD AND DRUGS
 
              CHAPTER 13--DRUG ABUSE PREVENTION AND CONTROL
 
                  SUBCHAPTER I--CONTROL AND ENFORCEMENT
 
                     Part D--Offenses and Penalties
 
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 
(Secs. 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.
