Regulations
& Codified CSA > USC > Subchapter
I, Part E > Section 873
Section 873. Cooperative Arrangements
Cooperation of Attorney General with local, State, and
Federal agencies
(a) The Attorney General shall cooperate with local, State, and Federal agencies concerning
traffic in controlled substances and in suppressing the abuse of controlled substances. To this
end, he is authorized to --
(1) arrange for the exchange of information between governmental officials
concerning the use and abuse of controlled substances;
(2) cooperate in the institution and prosecution of cases in the courts of the United
States and before the licensing boards and courts of the several States;
(3) conduct training programs on controlled substance law enforcement for local,
State, and Federal personnel;
(4) maintain in the Department of Justice a unit which will accept, catalog, file, and
otherwise utilize all information and statistics, including records of controlled
substance abusers and other controlled substance law offenders, which may be
received from Federal, State, and local agencies, and make such information
available for Federal, State, and local law enforcement purposes;
(5) conduct programs of eradication aimed at destroying wild or illicit growth of
plant species from which controlled substances may be extracted;
(6) assist State and local governments in suppressing the diversion of controlled
substances from legitimate medical, scientific, and commercial channels by --
(A) making periodic assessments of the capabilities of State and local
governments to adequately control the diversion of controlled substances;
(B) providing advice and counsel to State and local governments on the
methods by which such governments may strengthen their controls against
diversion; and
(C) establishing cooperative investigative efforts to control diversion; and
(7) notwithstanding any other provision of law, enter into contractual agreements
with State and local law enforcement agencies to provide for cooperative
enforcement and regulatory activities under this chapter.
Requests by Attorney General for assistance from Federal agencies or instrumentalities
(b) When requested by the Attorney General, it shall be the duty of any agency or instrumentality
of the Federal Government to furnish assistance, including technical advice, to him for carrying
out his functions under this subchapter; except that no such agency or instrumentality shall be
required to furnish the name of, or other identifying information about, a patient or research
subject whose identity it has undertaken to keep confidential.
Descriptive and analytic reports by Attorney General to State agencies of distribution patterns of
schedule II substances having highest rates of abuse
(c) The Attorney General shall annually (1) select the controlled substance (or controlled
substances) contained in schedule II which, in the Attorney General's discretion, is determined to
have the highest rate of abuse, and (2) prepare and make available to regulatory, licensing, and
law enforcement agencies of States descriptive and analytic reports on the actual distribution
patterns in such States of each such controlled substance.
Grants by Attorney General
(d)(1) The Attorney General may make grants, in accordance with paragraph (2), to State and
local governments to assist in meeting the costs of --
(A) collecting and analyzing data on the diversion of controlled substances,
(B) conducting investigations and prosecutions of such diversions,
(C) improving regulatory controls and other authorities to control such
diversions,
(D) programs to prevent such diversions,
(E) preventing and detecting forged prescriptions, and
(F) training law enforcement and regulatory personnel to improve the
control of such diversions.
(2) No grant may be made under paragraph (1) unless an application therefor is
submitted to the Attorney General in such form and manner as the Attorney General
may prescribe. No grant may exceed 80 per centum of the costs for which the grant
is made, and no grant may be made unless the recipient of the grant provides
assurances satisfactory to the Attorney General that it will obligate funds to meet
the remaining 20 per centum of such costs. The Attorney General shall review the
activities carried out with grants under paragraph (1) and shall report annually to
Congress on such activities.
(3) To carry out this subsection there is authorized to be appropriated $6,000,000
for fiscal year 1985 and $6,000,000 for fiscal year 1986.
(Pub. L. 91-513, Title II, Section 503, Oct. 27, 1970, 84 Stat. 1271; Pub. L. 96-359, Section 8(a),
Sept. 26, 1980, 94 Stat. 1194; Pub.L. 98-473, Title II, Section 517, Oct. 12, 1984, 98 Stat. 2074;
Pub.L. 99-570, Title I, Section 1868, Oct. 27, 1986, 100 Stat. 3207-55; Pub.L. 99-646, Section
85, Nov. 10, 1986, 100 Stat. 3620.)
EDITORIAL NOTES
References in Text
This chapter, referred to in subsec. (a)(7), was in the
original as added by Pub. L. 99-646 "this Act'', meaning Pub. L. 91-513, Oct.
27, 1970, 84 Stat. 1236, as amended. In the subsec. (a)(7) added by Pub. L.
99-570, the reference was "this title'', meaning title II of Pub. L. 91-513
which is popularly known as the "Controlled Substances Act'' and is classified
principally to this subchapter. For complete classification of this Act and
title II to the Code, see Short Title note set out under section 801 of this
title and Tables.
Schedule II, referred to in subsec. (c), is set out in
section 812(c) of this title.
Amendments
1986--Subsec. (a)(7). Pub. L. 99-570 and Pub. L. 99-646
made substantially identical amendment, adding par. (7).
1984--Subsec. (a)(6). Pub. L. 98-473, Sec. 517(a), added
par. (6).
Subsec. (d). Pub. L. 98-473, Sec. 517(b), added subsec.
(d).
1980--Subsec. (c). Pub. L. 96-359 added subsec. (c).
Combating Amphetamine and Methamphetamine Manufacturing
and Trafficking
Pub. L. 106-310, div. B, title XXXVI, Sec. 3625, Oct. 17,
2000, 114 Stat. 1233, provided that:
"(a) Activities.--In order to
combat the illegal manufacturing and trafficking in amphetamine and
methamphetamine, the Administrator of the Drug Enforcement Administration may--
"(1) assist State and local
law enforcement in small and mid-sized communities in all phases of
investigations related to such manufacturing and trafficking, including
assistance with foreign-language interpretation;
"(2) staff additional regional
enforcement and mobile enforcement teams related to such manufacturing and
trafficking;
"(3) establish additional
resident offices and posts of duty to assist State and local law enforcement
in rural areas in combating such manufacturing and trafficking;
"(4) provide the Special
Operations Division of the Administration with additional agents and staff to
collect, evaluate, interpret, and disseminate critical intelligence targeting
the command and control operations of major amphetamine and methamphetamine
manufacturing and trafficking organizations;
"(5) enhance the investigative
and related functions of the Chemical Control Program of the Administration to
implement more fully the provisions of the Comprehensive Methamphetamine
Control Act of 1996 (Public Law 104-237) [see Short Title of 1996 Amendments
note set out under section 801 of this title];
"(6) design an effective means
of requiring an accurate accounting of the import and export of list I
chemicals, and coordinate investigations relating to the diversion of such
chemicals;
"(7) develop a computer
infrastructure sufficient to receive, process, analyze, and redistribute
time-sensitive enforcement information from suspicious order reporting to
field offices of the Administration and other law enforcement and regulatory
agencies, including the continuing development of the Suspicious Order
Reporting and Tracking System (SORTS) and the Chemical Transaction Database (CTRANS)
of the Administration;
"(8) establish an education,
training, and communication process in order to alert the industry to current
trends and emerging patterns in the illegal manufacturing of amphetamine and
methamphetamine; and
"(9) carry out such other
activities as the Administrator considers appropriate.
"(b) Additional Positions and
Personnel.--
"(1) In general.--In carrying
out activities under subsection (a), the Administrator may establish in the
Administration not more than 50 full-time positions, including not more than
31 special-agent positions, and may appoint personnel to such positions.
"(2) Particular positions.--In
carrying out activities under paragraphs (5) through (8) of subsection (a),
the Administrator may establish in the Administration not more than 15
full-time positions, including not more than 10 diversion investigator
positions, and may appoint personnel to such positions. Any positions
established under this paragraph are in addition to any positions established
under paragraph (1).
"(c) Authorization of
Appropriations.--There are authorized to be appropriated for the Drug
Enforcement Administration for each fiscal year after fiscal year 1999,
$9,500,000 for purposes of carrying out the activities authorized by
subsection (a) and employing personnel in positions established under
subsection (b), of which $3,000,000 shall be available for activities under
paragraphs (5) through (8) of subsection (a) and for employing personnel in
positions established under subsection (b)(2).''
National Drug Intelligence Center
Pub. L. 106-567, title I, Sec. 104(e), Dec. 27, 2000, 114
Stat. 2834, provided that:
"(1) In general.--Of the amount
authorized to be appropriated in subsection (a) [114 Stat. 2833], $34,100,000
shall be available for the National Drug Intelligence Center. Within such
amount, funds provided for research, development, test, and evaluation purposes
shall remain available until September 30, 2002, and funds provided for
procurement purposes shall remain available until September 30, 2003.
"(2) Transfer of funds.--The
Director of Central Intelligence shall transfer to the Attorney General funds
available for the National Drug Intelligence Center under paragraph (1). The
Attorney General shall utilize funds so transferred for the activities of the
National Drug Intelligence Center.
"(3) Limitation.--Amounts
available for the National Drug Intelligence Center may not be used in
contravention of the provisions of section 103(d)(1) of the National Security
Act of 1947 (50 U.S.C. 403-3(d)(1)).
"(4) Authority.--Notwithstanding
any other provision of law, the Attorney General shall retain full authority
over the operations of the National Drug Intelligence Center.''
Similar provisions were contained in the following
prior appropriation acts:
Pub. L. 106-120, title I, Sec.
104(e), Dec. 3, 1999, 113 Stat. 1609.
Pub. L. 105-272, title I, Sec.
104(e), Oct. 20, 1998, 112 Stat. 2398.
Pub. L. 105-107, title I, Sec.
104(e), Nov. 20, 1997, 111 Stat. 2250.
Pub. L. 104-293, title I, Sec.
104(d), Oct. 11, 1996, 110 Stat. 3464.
Pub. L. 103-139, title VIII, Sec.
8056, Nov. 11, 1993, 107 Stat. 1452, provided that: "During the current fiscal
year and thereafter, there is established, under the direction and control of
the Attorney General, the National Drug Intelligence Center, whose mission it
shall be to coordinate and consolidate drug intelligence from all national
security and law enforcement agencies, and produce information regarding the
structure, membership, finances, communications, and activities of drug
trafficking organizations: Provided, That funding for the operation of the
National Drug Intelligence Center, including personnel costs associated
therewith, shall be provided from the funds appropriated to the Department of
Defense.''
Similar provisions were contained in the following prior
appropriation act:
Pub. L. 102-396, title IX, Sec. 9078, Oct. 6, 1992, 106
Stat. 1919.
Section Referred to in Other Sections
This section is referred to in title 42 section 14081.
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