Page:United States Statutes at Large Volume 102 Part 5.djvu/304

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 4310

PUBLIC LAW 100-690—NOV. 18, 1988

(14) the use of illicit drugs affects moods and emotions, chemically alters the brain, and causes loss of control, paranoia, reduction of inhibition, and unprovoked anger; (15) drug-related homicides are increasing dramatically across the Nation; (16) 8 of 10 men arrested for serious crimes in New York City test positive for cocaine use; (17) Ulicit drug use is responsible for a substantially higher tax rate to pay for local law enforcement protection, interdiction, border control, and the cost of investigation, prosecution, confinement, and treatment; (18) substantial increases in funding and resources have been made available in recent years to combat the drug problem, with spending for interdiction, law enforcement, and prevention programs up by 100 to 400 percent and these programs are producing results— (A) seizures of cocaine are up from 1.7 tons in 1981 to 70 tons in 1987; (B) seizures of heroin are up from 460 pounds in 1981 to 1,400 pounds in 1987; (C) Drug Enforcement Administration drug convictions doubled between 1982 and 1986; and (D) the average sentence for Federal cocaine convictions rose by 35 percent during this same period; (19) despite the impressive rise in law enforcement efforts, the supply of illegal drugs has increased in recent years; (20) the demand for drugs creates and sustains the illegal drug trade; and (21) winning the drug war not only requires that we do more to limit supply, but that we focus our efforts to reduce demand. (b) DECLARATION.—It is the declared policy of the United States Government to create a Drug-Free America by 1995.

Subtitle G—Denial of Federal Benefits to Drug TrafHckers and Possessors. 21 USC 853a. Courts, U.S.

SEC 5301. 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 (as such terms are defined for purposes of the Controlled Substances Act) 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