Title 21 — Food and Drugs
Part D · Chapter 13 — Drug Abuse Prevention and Control
§ 862. Denial of Federal benefits to drug traffickers and possessors
Statutory text
Drug traffickers
Any individual who is convicted of any Federal or State offense consisting of the distribution of controlled substances shall—
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;
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
upon a third or subsequent conviction for such an offense be permanently ineligible for all Federal benefits.
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.
Drug possessors
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—
upon the first conviction for such an offense and at the discretion of the court—
be ineligible for any or all Federal benefits for up to one year;
be required to successfully complete an approved drug treatment program which includes periodic testing to insure that the individual remains drug free;
be required to perform appropriate community service; or
any combination of clause (i), (ii), or (iii); and
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).
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.
Suspension of period of ineligibility
The period of ineligibility referred to in subsections (a) and (b) shall be suspended if the individual—
completes a supervised drug rehabilitation program after becoming ineligible under this section;
has otherwise been rehabilitated; or
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.
Definitions
As used in this section—
the term “Federal benefit”—
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
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
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.
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.
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).
Presidential report
On or before , the President shall transmit to the Congress a report—
delineating the role of State courts in implementing this section;
describing the manner in which Federal agencies will implement and enforce the requirements of this section;
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
recommending any modifications to improve the administration of this section or otherwise achieve the goal of discouraging the trafficking and possession of controlled substances.
No later than , the Congress shall consider the report of the President and enact such changes as it deems appropriate to further the goals of this section.
Effective date
The denial of Federal benefits set forth in this section shall take effect for convictions occurring after .
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Comprehensive Drug Abuse Prevention and Control Act of 1970
Pub. L. 91–513 title II § 421 · 84 Stat. 1236
Enacted · 21 U.S.C. § 862
Pub. L. 91–513, title II, § 421, formerly Pub. L. 100–690, title V, § 5301, Nov. 18, 1988, 102 Stat. 4310
Source evidence
Code source credit
Pub. L. 91–513, title II, § 421, formerly Pub. L. 100–690, title V, § 5301, Nov. 18, 1988, 102 Stat. 4310Crime Control Act of 1990
Pub. L. 101–647 § 1002(d)(1) · 104 Stat. 4789
Changed · 21 U.S.C. § 862
Pub. L. 101–647, § 1002(d)(1), renumbered section 853a of this title as this section
Source evidence
Code amendment note
Pub. L. 101–647, § 1002(d)(1), renumbered section 853a of this title as this section.Enacted provision · exact public law section
(1) Section 5301 of the Anti-Drug Abuse Act of 1988 is— 21 USC 853a, 862. (A) transferred to the Controlled Substances Act; and (B) redesignated as section 421 of the Controlled Substances Act.Crime Control Act of 1990
Pub. L. 101–647 § 1002(d)(2) · 104 Stat. 4789
Struck · 21 U.S.C. § 862(a)(1)
Pub. L. 101–647, § 1002(d)(2), struck out “(as such terms are defined for purposes of the Controlled Substances Act)” after “controlled substances” in introductory provisions
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 101–647, § 1002(d)(2), struck out “(as such terms are defined for purposes of the Controlled Substances Act)” after “controlled substances” in introductory provisions.Enacted provision · exact public law section
(2) Section 421(a)(1) of the Controlled Substances Act, as amended by paragraph (1) of this subsection, is amended by striking “(as such 21 USC 862. terms are defined for purposes of the Controlled Substances Act)”.
2 of 3 references resolved to an enrolled provision · 1 partial
Editorial Notes
Codification
Section was classified to section 853a of this title prior to renumbering by Pub. L. 101–647.
Amendments
1990—Pub. L. 101–647, § 1002(d)(1), renumbered section 853a of this title as this section.
Subsec. (a)(1). Pub. L. 101–647, § 1002(d)(2), struck out “(as such terms are defined for purposes of the Controlled Substances Act)” after “controlled substances” in introductory provisions.
Credits
1988–1990 · 2 acts
- 1988Pub. L. 91–513, title II, § 421, formerly Pub. L. 100–690, title V, § 5301, , 102 Stat. 4310
- 1990renumbered § 421 of Pub. L. 91–513 and amended Pub. L. 101–647, title X, § 1002(d), , 104 Stat. 4827.
Show as published
(Pub. L. 91–513, title II, § 421, formerly Pub. L. 100–690, title V, § 5301, , 102 Stat. 4310; renumbered § 421 of Pub. L. 91–513 and amended Pub. L. 101–647, title X, § 1002(d), , 104 Stat. 4827.)