21 U.S.C. § 862a — Denial of assistance and benefits for certain drug-related convictions

submitted 30 years ago by Pub. L. 104-193 to r/title-21-FOOD-AND-DRUGS · 657 words · no verdicts yet

in plain englishAI-generated · not legal advice

People convicted of a felony drug offense lose eligibility for cash welfare assistance and SNAP food benefits. This also reduces benefits available to the rest of their household. States can opt out of this rule or limit how long it applies.

(a) A person can be convicted under federal or state law of a felony. That felony must involve possessing, using, or distributing a controlled substance. If so, that person loses eligibility for two things. First, cash assistance under a state's Temporary Assistance for Needy Families program. Second, food benefits under the supplemental nutrition assistance program, known as SNAP, or a similar state program. (b) This loss of benefits affects other household members too. For cash assistance, the family's payment is reduced. It is reduced by the amount the convicted person would have received. For SNAP, the convicted person is not counted as a household member when figuring benefits. But that person's income and resources still count toward the household's total. (c) Unless a state has opted out under subsection (d), it must ask a question. Every person applying for these benefits must answer, in writing, during the application process. They must say whether they, or anyone in their household, has this kind of conviction. (d) A state can act in two ways. It can pass a law, after August 22, 1996, to fully exempt people in the state from subsection (a). It can also pass a law limiting how long subsection (a) applies to them. Subsection (a) never applies to a conviction for conduct that happened on or before August 22, 1996. (e) This section borrows its definition of "State" from two other laws. One law applies for cash assistance. The other law applies for SNAP. (f) This section does not block certain federal benefits. These include emergency Medicaid services, and short-term noncash emergency disaster relief. They also include immunizations, and treatment for communicable diseases when the Secretary finds it necessary. Finally, they include prenatal care, job training programs, and drug treatment programs.

facts

- Codified at 21 U.S.C. § 862a, titled "Denial of assistance and benefits for certain drug-related convictions." - Originally enacted by Pub. L. 104–193, title I, § 115, on August 22, 1996 (110 Stat. 2180). - The statutory text comprises 657 words across subsections (a) through (f). - Source credit reflects 5 amendments, most recently by Pub. L. 113–79, title IV, § 4030(n), enacted February 7, 2014.

the actual law source: uscode.house.gov ↗public domain

(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 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) 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) 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 and Nutrition Act of 2008

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.

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) 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).

(B) Limit period of prohibition

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) Inapplicability to convictions occurring on or before August 22, 1996

Subsection (a) 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 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) 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 credit: (Pub. L. 104–193, title I, § 115, Aug. 22, 1996, 110 Stat. 2180; Pub. L. 105–33, title V, § 5516(a), Aug. 5, 1997, 111 Stat. 620; Pub. L. 110–234, title IV, § 4115(c)(2)(C), May 22, 2008, 122 Stat. 1109; Pub. L. 110–246, § 4(a), title IV, § 4115(c)(2)(C), June 18, 2008, 122 Stat. 1664, 1871; Pub. L. 113–79, title IV, § 4030(n), Feb. 7, 2014, 128 Stat. 814.)

history & why it existsrecord from the source credit

1996Enacted · Pub. L. 104-193 · 110 Stat. 2180
1997Amended · Pub. L. 105-33 · 111 Stat. 620
2008Amended · Pub. L. 110-234 · 122 Stat. 1109
2008Amended · Pub. L. 110-246 · 122 Stat. 1664, 1871
2014Amended · Pub. L. 113-79 · 128 Stat. 814

The record shows that this section was enacted as part of Public Law 104-193, title I, section 115, on August 22, 1996, and published at 110 Stat. 2180. The source credit indicates that the provision has since been amended several times: by Public Law 105-33 in 1997, by Public Law 110-234 and Public Law 110-246 in 2008 (each addressing the same subsection through parallel enactments), and by Public Law 113-79 in 2014. These amendments appear to have adjusted cross-references, particularly those tied to the renaming and reorganization of federal nutrition assistance law, rather than reflecting a documented pattern of substantive expansion. Public Law 104-193 is widely known as the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the major federal welfare reform statute of that era. The Act is generally understood to have restructured federal assistance programs, replacing the prior entitlement-based framework with the Temporary Assistance for Needy Families program and imposing new eligibility conditions across various federal benefit programs. Provisions denying benefits to individuals convicted of drug-related felonies are commonly described as reflecting the broader 1990s legislative emphasis on linking eligibility for public assistance to personal conduct and on reinforcing anti-drug policy through the withholding of public benefits. Beyond this general understanding of the Act's purpose and period, the record does not establish the specific reasoning Congress applied in drafting this particular section, and no further detail should be inferred.

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