-CITE-
21 USC Sec. 873 01/22/02
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE
PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL
AND ENFORCEMENT
Part E - Administrative
and Enforcement Provisions
-HEAD-
Sec. 873. Cooperative arrangements
-STATUTE-
(a) Cooperation
of Attorney General with local, State, and Federal agencies
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. (FOOTNOTE 1)
(FOOTNOTE 1) See References
in Text note below.
(b) Requests
by Attorney General for assistance from Federal agencies or instrumentalities
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.
(c) Descriptive
and analytic reports by Attorney General to State agencies of distribution
patterns of schedule II substances having highest rates of abuse
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.
(d) Grants
by Attorney General
(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.
-SOURCE-
(Pub. L. 91-513, title II,
Sec. 503, Oct. 27, 1970, 84 Stat. 1271; Pub.
L. 96-359, Sec. 8(a) Sept. 26, 1980, 94 Stat. 1194; Pub. L. 98-473,
title II, Sec. 517, Oct. 12, 1984, 98 Stat. 2074; Pub. L. 99-570,
title I, Sec. 1868, Oct. 27, 1986, 100 Stat. 3207-55; Pub. L.
99-646, Sec. 85, Nov. 10, 1986, 100 Stat. 3620.)
-REFTEXT-
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.
-MISC2-
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. 107-108, title I,
Sec. 104(e), Dec. 28, 2001, 115 Stat. 1396,
provided that:
''(1) In general. - Of the
amount authorized to be appropriated in
subsection (a) (115 Stat. 1396), $44,000,000 shall be available for
the National Drug Intelligence Center. Within such amount, funds
provided for research, development, testing, and evaluation purposes
shall remain available until September 30, 2003, and funds provided
for procurement purposes shall remain available until September
30, 2004.
''(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. 106-567, title I,
Sec. 104(e), Dec. 27, 2000, 114 Stat. 2834.
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.
-SECREF-
SECTION REFERRED
TO IN OTHER SECTIONS
This section is referred
to in title 42 section 14081.
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