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21 U.S.C. § 862a — Denial of assistance and benefits for certain drug-related convictions
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802/6&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section601&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2012&num=0&edition=prelim))) or any State program carried out under that Act [[7 U.S.C. 2011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2011&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section601&num=0&edition=prelim) 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 sup
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Source file: Laws/federal/codes/united-states-code/title-21/section-862a-denial-of-assistance-and-benefits-for-certain-drug-related-convictions--0924d03f36.md
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Source location: Title 21, Chapter 13, § 862a; chapter-013-drug-abuse-prevention-and-control.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802/6&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section601&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2012&num=0&edition=prelim))) or any State program carried out under that Act [[7 U.S.C. 2011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2011&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section601&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2012&num=0&edition=prelim))), or any State program carried out under that Act [[7 U.S.C. 2011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2011&num=0&edition=prelim) 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) Enforcement** 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section619/5&num=0&edition=prelim)], 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section601&num=0&edition=prelim) et seq.], and
(2) in section 3 of the Food and Nutrition Act of 2008 ([7 U.S.C. 2012](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2012&num=0&edition=prelim)), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2011&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396&num=0&edition=prelim) 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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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter, the term:
**(a)** “Access device” means any card, plate, code, account number, or other means of access, including point of sale devices, that can be used, alone or in conjunction with another access device, to obtain payments, allotments, benefits, money, goods, or other things of value, or that can be used to initiate a transfer of funds under this chapter.
**(b)** “Allotment” means the total value of benefits a household is authorized to receive during each month.
**(c)** “Allowable medical expenses” means expenditures for (1) medical and dental care, (2) hospitalization or nursing care (including hospitalization or nursing care of an individual who was a household member immediately prior to entering a hospital or nursing home), (3) prescription drugs when prescribed by a licensed practitioner authorized under State law and over-the-counter medication (including insulin) when approved by a licensed practitioner or other qualified health professional, (4) health and hospitalization insurance policies (excluding the costs of health and accident or income maintenance policies), (5) medicare premiums related to coverage under title XVIII of the Social Security Act [[42 U.S.C. 1395](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395&num=0&edition=prelim) et seq.], (6) dentures, hearing aids, and prosthetics (including the costs of securing and maintaining a seeing eye dog), (7) eye glasses prescribed by a physician skilled in eye disease or by an optometrist, (8) reasonable costs of transportation necessary to secure medical treatment or services, and (9) maintaining an attendant, homemaker, home health aide, housekeeper, or child care services due to age, infirmity, or illness.
**(d) Benefit.—** The term “benefi
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Federal law — U.S. Code and appendices · legal_authorities
It is declared to be the policy of Congress, in order to promote the general welfare, to safeguard the health and well-being of the Nation’s population by raising levels of nutrition among low-income households. Congress finds that the limited food purchasing power of low-income households contributes to hunger and malnutrition among members of such households. Congress further finds that increased utilization of food in establishing and maintaining adequate national levels of nutrition will promote the distribution in a beneficial manner of the Nation’s agricultural abundance and will strengthen the Nation’s agricultural economy, as well as result in more orderly marketing and distribution of foods. To alleviate such hunger and malnutrition, a supplemental nutrition assistance program is herein authorized which will permit low-income households to obtain a more nutritious diet through normal channels of trade by increasing food purchasing power for all eligible households who apply for participation.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Short title** This section may be cited as the “Bill Emerson National Hunger Fellows and Mickey Leland International Hunger Fellows Program Act of 2008”.
**(b) Definitions** In this subsection: 11 So in original. Probably should be “section:”.
(1) **Director** — The term “Director” means the head of the Congressional Hunger Center.
(2) **Fellow** — The term “fellow” means—
(A) a Bill Emerson Hunger Fellow; or
(B) Mickey Leland Hunger Fellow.
(3) **Fellowship Programs** — The term “Fellowship Programs” means the Bill Emerson National Hunger Fellowship Program and the Mickey Leland International Hunger Fellowship Program established under subsection (c)(1).
**(c) Fellowship Programs**
(1) **In general** — There is established the Bill Emerson National Hunger Fellowship Program and the Mickey Leland International Hunger Fellowship Program.
(2) **Purposes**
(A) *In general* — The purposes of the Fellowship Programs are—
(i) to encourage future leaders of the United States—
(I) to pursue careers in humanitarian and public service;
(II) to recognize the needs of low-income people and hungry people;
(III) to provide assistance to people in need; and
(IV) to seek public policy solutions to the challenges of hunger and poverty;
(ii) to provide training and development opportunities for such leaders through placement in programs operated by appropriate organizations or entities; and
(iii) to increase awareness of the importance of public service.
(B) *Bill Emerson Hunger Fellowship Program* — The purpose of the Bill Emerson Hunger Fellowship Program is to address hunger and poverty in the United States.
(C) *Mickey Leland Hunger Fellowship Program* — The purpose of the Mickey Leland Hunger Fellowship Program i
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There is hereby established the Medicaid and CHIP Payment and Access Commission (in this section referred to as “MACPAC”).
**(b) Duties**
(1) **Review of access policies for all States and annual reports** — MACPAC shall—
(A) review policies of the Medicaid program established under this subchapter (in this section referred to as “Medicaid”) and the State Children’s Health Insurance Program established under subchapter XXI (in this section referred to as “CHIP”) affecting access to covered items and services, including topics described in paragraph (2);
(B) make recommendations to Congress, the Secretary, and States concerning such access policies;
(C) by not later than March 15 of each year (beginning with 2010), submit a report to Congress containing the results of such reviews and MACPAC’s recommendations concerning such policies; and
(D) by not later than June 15 of each year (beginning with 2010), submit a report to Congress containing an examination of issues affecting Medicaid and CHIP, including the implications of changes in health care delivery in the United States and in the market for health care services on such programs.
(2) **Specific topics to be reviewed** — Specifically, MACPAC shall review and assess the following:
(A) *Medicaid and CHIP payment policies* — Payment policies under Medicaid and CHIP, including—
(i) the factors affecting expenditures for the efficient provision of items and services in different sectors, including the process for updating payments to medical, dental, and health professionals, hospitals, residential and long-term care providers, providers of home and community based services, Federally-qualified health centers and rural health clinics, managed care entities, and providers of ot
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The purpose of this part is to increase the flexibility of States in operating a program designed to—
(1) provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives;
(2) end the dependence of needy parents on government benefits by promoting job preparation, work, and marriage;
(3) prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies; and
(4) encourage the formation and maintenance of two-parent families.
**(b) No individual entitlement** This part shall not be interpreted to entitle any individual or family to assistance under any State program funded under this part.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Agricultural commodity** — The term “agricultural commodity” has the meaning given the term in [section 5602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5602&num=0&edition=prelim).
(2) **Geographically disadvantaged farmer or rancher** — The term “geographically disadvantaged farmer or rancher” has the meaning given the term in section 10906(a) of the Farm Security and Rural Investment Act of 2002 ([7 U.S.C. 2204](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2204&num=0&edition=prelim) note; Public Law 107–171).
**(b) Authorization** Subject to the availability of funds under subsection (d), the Secretary may provide geographically disadvantaged farmers or ranchers direct reimbursement payments for activities described in subsection (c).
**(c) Transportation**
(1) **In general** — Subject to paragraphs (2) and (3), the Secretary may provide direct reimbursement payments to a geographically disadvantaged farmer or rancher to transport an agricultural commodity, or inputs used to produce an agricultural commodity, during a fiscal year.
(2) **Proof of eligibility** — To be eligible to receive assistance under paragraph (1), a geographically disadvantaged farmer or rancher shall demonstrate to the Secretary that transportation of the agricultural commodity or inputs occurred over a distance of more than 30 miles, as determined by the Secretary.
(3) **Amount**
(A) *In general* — Subject to paragraph (2), the amount of direct reimbursement payments made to a geographically disadvantaged farmer or rancher under this section for a fiscal year shall equal the product obtained by multiplying—
(i) the amount of costs incurred by the geographically di
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Social Security Act”.
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Federal law — U.S. Code and appendices · legal_authorities
There is appropriated for each fiscal year beginning with the fiscal year ending June 30, 1936 an amount equal to 30 per centum of the gross receipts from duties collected under the customs laws during the period January 1 to December 31, both inclusive, preceding the beginning of each such fiscal year. Such sums shall be maintained in a separate fund and shall be used by the Secretary of Agriculture only to (1) encourage the exportation of agricultural commodities and products thereof by the payment of benefits in connection with the exportation thereof or of indemnities for losses incurred in connection with such exportation or by payments to producers in connection with the production of that part of any agricultural commodity required for domestic consumption; (2) encourage the domestic consumption of such commodities or products by diverting them, by the payment of benefits or indemnities or by other means, from the normal channels of trade and commerce or by increasing their utilization through benefits, indemnities, donations or by other means, among persons in low income groups as determined by the Secretary of Agriculture; and (3) reestablish farmers’ purchasing power by making payments in connection with the normal production of any agricultural commodity for domestic consumption. Determinations by the Secretary as to what constitutes diversion and what constitutes normal channels of trade and commerce and what constitutes normal production for domestic consumption shall be final. The sums appropriated under this section shall be expended for such one or more of the above-specified purposes, and at such times, in such manner, and in such amounts as the Secretary of Agriculture finds will effectuate substantial accomplishment of any one or more of the purposes
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary may charge employees of the Bureau with law enforcement responsibilities and may authorize those employees to—
(1) carry firearms;
(2) execute or serve warrants, summonses, or other orders relating to a crime committed in Indian country and issued under the laws of—
(A) the United States (including those issued by a Court of Indian Offenses under regulations prescribed by the Secretary or offenses processed by the Central Violations Bureau); or
(B) an Indian tribe if authorized by the Indian tribe;
(3) make an arrest without a warrant for an offense committed in Indian country if—
(A) the offense is committed in the presence of the employee,11 So in original. The comma probably should be a semicolon.
(B) the offense is a felony and the employee has probable cause to believe that the person to be arrested has committed, or is committing, the felony;
(C) the offense is a misdemeanor crime of domestic violence, dating violence, stalking, or violation of a protection order and has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent or guardian of the victim, and the employee has probable cause to believe that the person to be arrested has committed, or is committing the crime; or
(D)
(i) the offense involves—
(I) a misdemeanor controlled substance offense in violation of—
(aa) the Controlled Substances Act ([21 U.S.C. 801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** As used in this part, the term “eligible State” means, with respect to a fiscal year, a State that, during the 27-month period ending with the close of the 1st quarter of the fiscal year, has submitted to the Secretary a plan that the Secretary has found includes the following:
(1) **Outline of family assistance program**
(A) *General provisions* — A written document that outlines how the State intends to do the following:
(i) Conduct a program, designed to serve all political subdivisions in the State (not necessarily in a uniform manner), that provides assistance to needy families with (or expecting) children and provides parents with job preparation, work, and support services to enable them to leave the program and become self-sufficient.
(ii) Require a parent or caretaker receiving assistance under the program to engage in work (as defined by the State) once the State determines the parent or caretaker is ready to engage in work, or once the parent or caretaker has received assistance under the program for 24 months (whether or not consecutive), whichever is earlier, consistent with [section 607(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section607/e/2&num=0&edition=prelim).
(iii) Ensure that parents and caretakers receiving assistance under the program engage in work activities in accordance with [section 607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section607&num=0&edition=prelim).
(iv) Take such reasonable steps as the State deems necessary to restrict the use and disclosure of information about individuals and families receiving assistance under the program attributable to funds provided by the Federal Government.
(v) Establi
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