NCJ Number
122677
Journal
Trial Volume: 26 Issue: 4 Dated: (April 1990) Pages: 31-32,34-36
Date Published
1990
Length
5 pages
Annotation
This article examines the legislative history of the federal 1988 Omnibus Anti-Drug law in detail, pointing out that the law establishes the concept of drug user accountability and penalizes individuals convicted of state or federal drug offenses by giving sentencing courts the power to deny them federal benefits for which they may otherwise be eligible.
Abstract
Federal benefits are defined as grants, contracts, loans or professional or commercial licenses provided directly or indirectly by the United States government. Excluded from the definition are need-based programs such as public housing, welfare, and disability as well as certain entitlements such as veterans' benefits and social security. In certain cases, the Congress provided for restoration of eligibility upon rehabilitation, but did not provide guidance in the law for determining if rehabilitation had been achieved. Because Congress failed in establishing a clear legislative history for the Act and legislated too broadly, it left many difficult policy issues to be resolved by the executive branch and the courts. 41 footnotes.