-CITE-
21 USC Sec. 862 01/22/02
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE
PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL
AND ENFORCEMENT
Part D - Offenses and
Penalties
-HEAD-
Sec. 862. Denial of Federal
benefits to drug traffickers and possessors
-STATUTE-
(a) Drug
traffickers
(1) Any individual who
is convicted of any Federal or State offense consisting of the distribution
of controlled substances shall -
(A) at the discretion
of the court, upon the first conviction for such an offense be ineligible
for any or all Federal benefits for up to 5 years after such conviction;
(B) at the discretion
of the court, upon a second conviction for such an offense be ineligible
for any or all Federal benefits for
up to 10 years after such conviction; and
(C) upon a third or subsequent
conviction for such an offense be
permanently ineligible for all Federal benefits.
(2) The benefits which
are denied under this subsection shall not include
benefits relating to long-term drug treatment programs for addiction
for any person who, if there is a reasonable body of evidence
to substantiate such declaration, declares himself to be an
addict and submits himself to a long-term treatment program for addiction,
or is deemed to be rehabilitated pursuant to rules established
by the Secretary of Health and Human Services.
(b) Drug
possessors
(1) Any individual who
is convicted of any Federal or State offense
involving the possession of a controlled substance (as such term
is defined for purposes of this subchapter) shall -
(A) upon the first conviction
for such an offense and at the discretion
of the court -
(i) be ineligible for
any or all Federal benefits for up to one
year;
(ii) be required to
successfully complete an approved drug treatment
program which includes periodic testing to insure that
the individual remains drug free;
(iii) be required to
perform appropriate community service; or
(iv) any combination
of clause (i), (ii), or (iii); and
(B) upon a second or
subsequent conviction for such an offense be ineligible for all
Federal benefits for up to 5 years after such conviction as determined
by the court. The court shall continue to have the discretion in
subparagraph (A) above. In imposing penalties and conditions under
subparagraph (A), the court may require that the completion of the
conditions imposed by clause (ii) or (iii) be a requirement for
the reinstatement of benefits under clause (i).
(2) The penalties and conditions
which may be imposed under this subsection
shall be waived in the case of a person who, if there is a
reasonable body of evidence to substantiate such declaration, declares
himself to be an addict and submits himself to a long-term treatment
program for addiction, or is deemed to be rehabilitated pursuant
to rules established by the Secretary of Health and Human Services.
(c) Suspension
of period of ineligibility
The period of ineligibility
referred to in subsections (a) and (b)
of this section shall be suspended if the individual -
(A) completes a supervised
drug rehabilitation program after becoming
ineligible under this section;
(B) has otherwise been rehabilitated;
or
(C) has made a good faith
effort to gain admission to a supervised drug rehabilitation program,
but is unable to do so because of inaccessibility or unavailability
of such a program, or the inability of the individual to pay for such
a program.
(d) Definitions
As used in this section
-
(1) the term ''Federal benefit''
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(A) means the issuance
of any grant, contract, loan, professional
license, or commercial license provided by an agency
of the United States or by appropriated funds of the United
States; and
(B) does not include any
retirement, welfare, Social Security, health, disability, veterans
benefit, public housing, or other similar benefit, or any other
benefit for which payments or services are required for eligibility;
and
(2) the term ''veterans
benefit'' means all benefits provided to
veterans, their families, or survivors by virtue of the service
of a veteran in the Armed Forces of the United States.
(e) Inapplicability
of this section to Government witnesses The penalties provided by this
section shall not apply to any individual who cooperates or testifies
with the Government in the prosecution
of a Federal or State offense or who is in a Government witness
protection program.
(f) Indian
provision
Nothing in this section
shall be construed to affect the obligation
of the United States to any Indian or Indian tribe arising
out of any treaty, statute, Executive order, or the trust responsibility
of the United States owing to such Indian or Indian tribe.
Nothing in this subsection shall exempt any individual Indian
from the sanctions provided for in this section, provided that
no individual Indian shall be denied any benefit under Federal Indian
programs comparable to those described in subsection (d)(1)(B)
or (d)(2) of this section.
(g) Presidential
report
(1) On or before May 1,
1989, the President shall transmit to the Congress
a report -
(A) delineating the role
of State courts in implementing this section;
(B) describing the manner
in which Federal agencies will implement and enforce the requirements
of this section;
(C) detailing the means
by which Federal and State agencies, courts, and law enforcement
agencies will exchange and share the data and information necessary
to implement and enforce the withholding of Federal benefits; and
(D) recommending any modifications
to improve the administration
of this section or otherwise achieve the goal of discouraging
the trafficking and possession of controlled substances.
(2) No later than September
1, 1989, the Congress shall consider the
report of the President and enact such changes as it deems appropriate
to further the goals of this section.
(h) Effective
date
The denial of Federal
benefits set forth in this section shall take
effect for convictions occurring after September 1, 1989.
-SOURCE-
(Pub. L. 91-513, title II,
Sec. 421, formerly Pub. L. 100-690, title
V, Sec. 5301, Nov. 18, 1988, 102 Stat. 4310; renumbered Sec. 421
of Pub. L. 91-513 and amended Pub. L. 101-647, title X, Sec. 1002(d),
Nov. 29, 1990, 104 Stat. 4827.)
-COD-
CODIFICATION
Section was classified to
section 853a of this title prior to renumbering
by Pub. L. 101-647.
-MISC3-
AMENDMENTS
1990 - Pub. L. 101-647, Sec.
1002(d)(1), renumbered section 853a of this title
as this section.
Subsec. (a)(1). Pub. L. 101-647,
Sec. 1002(d)(2), struck out ''(as such terms are defined for purposes
of the Controlled Substances Act)'' after ''controlled substances''
in introductory provisions.
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