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U.S. Code as of:
01/19/04
Section 862. Denial of Federal benefits to drug traffickers and possessors
(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" -
(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.
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