§862a — Title 21 Food and Drugs | U.S. Code

Summary

People convicted under federal or state law of a felony that includes possessing, using, or distributing a controlled substance cannot get certain public benefits. Those benefits include state cash assistance programs funded under part A of title IV of the Social Security Act and the Supplemental Nutrition Assistance Program (SNAP) or similar state food programs. If the convicted person lives with family getting cash aid, the family's payment must be reduced by the amount that would have gone to that person. For SNAP, the person is treated as not part of the household when benefits are figured, but the household must still count that person's income and resources. States that have not chosen to opt out must make applicants say in writing during the application whether they or anyone in their household has such a conviction. A state can pass a law after Aug 22, 1996 to exempt people or to limit how long this rule applies. The rule does not cover convictions for conduct that happened on or before Aug 22, 1996. "State" is used as defined in the Social Security Act and the Food and Nutrition Act. This rule does not stop someone from getting emergency medical services under title XIX of the Social Security Act, short-term noncash disaster relief, public health immunizations, public health testing or treatment for communicable diseases if the HHS Secretary says it is needed to prevent spread, prenatal care, job training, or drug treatment programs.

Title 21, §862a

Food and Drugs — Source: USLM XML via OLRC

(a)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 supplemental nutrition assistance program (as defined in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012)) or any State program carried out under that Act [7 U.S.C. 2011 et seq.].

(b)(1)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) applies shall be reduced by the amount which would have otherwise been made available to the individual under such part.

(2)The amount of benefits otherwise required to be provided to a household under the supplemental nutrition assistance program (as defined in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012)), or any State program carried out under that Act [7 U.S.C. 2011 et seq.], shall be determined by considering the individual to whom subsection (a) 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)A State that has not exercised its authority under subsection (d)(1)(A) shall require each individual applying for assistance or benefits referred to in subsection (a), 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).

(d)(1)(A)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).

(B)A State may, by law enacted after August 22, 1996, limit the period for which subsection (a) shall apply to any or all individuals domiciled in the State.

(2)Subsection (a) shall not apply to a conviction if the conviction is for conduct occurring on or before August 22, 1996.

(e)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 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012), when referring to the supplemental nutrition assistance program (as defined in that section) or any State program carried out under that Act [7 U.S.C. 2011 et seq.].

(f)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.

Notes & Related Subsidiaries

Editorial Notes

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. Part A of title IV of the Act is classified generally to part A (§ 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 (§ 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 and Nutrition Act of 2008, referred to in subsecs. (a)(2), (b)(2), and (e)(2), is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§ 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 Pub. L. 110–234 and Pub. L. 110–246 made identical

Amendments

to this section. The

Amendments

by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. 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

2014—Subsec. (a)(2). Pub. L. 113–79, § 4030(n)(1), substituted “supplemental nutrition assistance program (as defined in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012)) or any State program carried out under that Act” for “food stamp program (as defined in section 3(l) of the Food Stamp Act of 1977) or any State program carried out under the Food Stamp Act of 1977”. Subsec. (b)(2). Pub. L. 113–79, § 4030(n)(2), substituted “supplemental nutrition assistance program (as defined in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012)), or any State program carried out under that Act” for “food stamp program (as defined in section 3(l) of the Food Stamp Act of 1977), or any State program carried out under the Food Stamp Act of 1977”. Subsec. (e)(2). Pub. L. 113–79, § 4030(n)(3), substituted “section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012), when referring to the supplemental nutrition assistance program (as defined in that section) or any State program carried out under that Act” for “section 3(s) of the Food Stamp Act of 1977, when referring to the food stamp program (as defined in section 3(l) of the Food Stamp Act of 1977) or any State program carried out under the Food Stamp Act of 1977”. 2008—Subsecs. (a)(2), (b)(2). Pub. L. 110–246, § 4115(c)(2)(C)(i), substituted “section 3(l)” for “section 3(h)”. Subsec. (e)(2). Pub. L. 110–246, § 4115(c)(2)(C), substituted “section 3(s)” for “section 3(m)” and “section 3(l)” for “section 3(h)”. 1997—Subsec. (d)(2). Pub. L. 105–33 substituted “a conviction if the conviction is for conduct” for “convictions”.

Statutory Notes and Related Subsidiaries

Change of Name

References to the food stamp program established under the Food Stamp Act of 1977, now known as the Food and Nutrition Act of 2008, considered to refer to the supplemental nutrition assistance program established under that Act, see section 4002(c) of Pub. L. 110–246, set out as a note under section 2012 of Title 7, Agriculture.

Effective Date

of 2008 AmendmentAmendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an

Effective Date

note under section 8701 of Title 7, Agriculture. Amendment by section 4115(c)(2)(C) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.

Effective Date

of 1997 Amendment Pub. L. 105–33, title V, § 5518(d), Aug. 5, 1997, 111 Stat. 621, 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 (§§ 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 section 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.

§862a Denial of assistance and benefits for certain drug-related convictions

Summary

Title 21, §862a

Notes & Related Subsidiaries

Editorial Notes

References in Text

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Amendments

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Statutory Notes and Related Subsidiaries

Change of Name

Effective Date

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