
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC862]

 
                        TITLE 21--FOOD AND DRUGS
 
              CHAPTER 13--DRUG ABUSE PREVENTION AND CONTROL
 
                  SUBCHAPTER I--CONTROL AND ENFORCEMENT
 
                     Part D--Offenses and Penalties
 
Sec. 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.

(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.)

                          Codification

    Section was classified to section 853a of this title prior to 
renumbering by Pub. L. 101-647.


                               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.
