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U.S. Code as of:
01/19/04
Section 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.
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