Page:United States Statutes at Large Volume 102 Part 5.djvu/305

 PUBLIC LAW 100-690—NOV. 18, 1988

102 STAT. 4311

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 the Controlled Substances Act) 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 clauses (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 ineli-

gibility referred to in subsections (a) and (b) 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) INAPPUCABILITY OF THIS SECTION TO GOVERNMENT WITNESSES.—

The penalties provided by this section shall not apply to any Individ-

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