-CITE-
21 USC Sec. 872 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. 872. Education and research
programs of Attorney General
-STATUTE-
(a) Authorization
The Attorney General
is authorized to carry out educational and research
programs directly related to enforcement of the laws under his
jurisdiction concerning drugs or other substances which are or may
be subject to control under this subchapter. Such programs may include
-
(1) educational and training
programs on drug abuse and controlled substances law enforcement for
local, State, and Federal personnel;
(2) studies or special
projects designed to compare the deterrent
effects of various enforcement strategies on drug use and
abuse;
(3) studies or special
projects designed to assess and detect accurately
the presence in the human body of drugs or other substances
which are or may be subject to control under this subchapter,
including the development of rapid field identification
methods which would enable agents to detect microquantities
of such drugs or other substances;
(4) studies or special
projects designed to evaluate the nature and sources of the supply
of illegal drugs throughout the country;
(5) studies or special
projects to develop more effective methods
to prevent diversion of controlled substances intoillegal
channels; and
(6) studies or special
projects to develop information necessary
to carry out his functions under section 811
of this title.
(b) Contracts
The Attorney General
may enter into contracts for such educational
and research activities without performance bonds and without
regard to section 5 of title 41.
(c) Identification
of research populations; authorization to withhold
The Attorney General may authorize
persons engaged in research to withhold
the names and other identifying characteristics of persons who
are the subjects of such research. Persons who obtain this authorization
may not be compelled in any Federal, State, or local civil,
criminal, administrative, legislative, or other proceeding to
identify the subjects of research for which such authorization was
obtained.
(d) Affect
of treaties and other international agreements on confidentiality
Nothing in the Single Convention
on Narcotic Drugs, the Convention
on Psychotropic Substances, or other treaties or international
agreements shall be construed to limit, modify, or prevent
the protection of the confidentiality of patient records or of
the names and other identifying characteristics of research subjects
as provided by any Federal, State, or local law or regulation.
(e) Use of
controlled substances in research
The Attorney General, on his own motion or at the request of the Secretary,
may authorize the possession, distribution, and dispensing of controlled
substances by persons engaged in research. Persons who obtain this authorization
shall be exempt from State or Federal prosecution for possession, distribution,
and dispensing of controlled substances to the extent authorized by
the Attorney General.
(f) Program
to curtail diversion of precursor and essential chemicals
The Attorney General
shall maintain an active program, both domestic
and international, to curtail the diversion of precursor chemicals
and essential chemicals used in the illicit manufacture of
controlled substances.
-SOURCE-
(Pub. L. 91-513, title II,
Sec. 502, Oct. 27, 1970, 84 Stat. 1271; Pub.
L. 95-633, title I, Sec. 108(a), Nov. 10, 1978, 92 Stat. 3773; Pub.
L. 100-690, title VI, Sec. 6060, Nov. 18, 1988, 102 Stat. 4320.)
-MISC1-
AMENDMENTS
1988 - Subsec. (f). Pub.
L. 100-690 added subsec. (f). 1978
- Subsecs. (d), (e). Pub. L. 95-633 added subsec. (d) andredesignated
former subsec. (d) as (e).
EFFECTIVE
DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-690
effective 120 days after Nov. 18, 1988,
see section 6061 of Pub. L. 100-690, set out as a note under section
802 of this title.
EFFECTIVE
DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-633
effective on date the Convention on Psychotropic Substances enters into
force in the United States (July 15, 1980), see section 112 of Pub.
L. 95-633, set out as an Effective Date note under section 801a
of this title.
TRAINING
FOR DRUG ENFORCEMENT ADMINISTRATION AND STATE
AND LOCAL LAW ENFORCEMENT
PERSONNEL RELATING
TO CLANDESTINE LABORATORIES
Pub. L. 106-310, div. B,
title XXXVI, Sec. 3623, Oct. 17, 2000, 114
Stat. 1231, provided that:
''(a) In General. -
''(1) Requirement. -
The Administrator of the Drug Enforcement Administration shall carry
out the programs described in subsection (b) with respect to the
law enforcement personnel of States and localities determined by
the Administrator to have significant levels of methamphetamine-related
or amphetamine-related crime or projected by the Administrator to
have the potential for such levels of crime in the future.
''(2) Duration. - The
duration of any program under that subsection
may not exceed 3 years.
''(b) Covered Programs.
- The programs described in this subsection
are as follows:
''(1) Advanced mobile
clandestine laboratory training teams. - A
program of advanced mobile clandestine laboratory training teams,
which shall provide information and training to State and local
law enforcement personnel in techniques utilized in conducting
undercover investigations and conspiracy cases, and other
information designed to assist in the investigation of the illegal
manufacturing and trafficking of amphetamine and methamphetamine.
''(2) Basic clandestine
laboratory certification training. - A program
of basic clandestine laboratory certification training, which
shall provide information and training -
''(A) to Drug Enforcement
Administration personnel and State and
local law enforcement personnel for purposes of enabling such
personnel to meet any certification requirements under law with
respect to the handling of wastes created by illegal amphetamine
and methamphetamine laboratories; and
''(B) to State and local
law enforcement personnel for purposes
of enabling such personnel to provide the information and
training covered by subparagraph (A) to other State and local
law enforcement personnel.
''(3) Clandestine laboratory
recertification and awareness training. - A program of clandestine
laboratory recertification and awareness training, which shall provide
information and training to State and local law enforcement personnel
for purposes of enabling such personnel to provide recertification
and awareness training relating to clandestine laboratories to additional
State and local law enforcement personnel.
''(c) Authorization of Appropriations.
- There are authorized to be
appropriated for each of fiscal years 2000, 2001, and 2002 amounts
as follows:
''(1) $1,500,000 to carry
out the program described in subsection
(b)(1).
''(2) $3,000,000 to carry
out the program described in subsection
(b)(2).
''(3) $1,000,000 to carry
out the program described in subsection
(b)(3).''
EDUCATIONAL
PROGRAM FOR POLICE DEPARTMENTS
Pub. L. 104-305, Sec. 4,
Oct. 13, 1996, 110 Stat. 3809, provided that:
''The Attorney General may -
''(1) create educational
materials regarding the use of controlled
substances (as that term is defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802)) in
the furtherance of
rapes and sexual assaults; and
''(2) disseminate those
materials to police departments throughout
the United States.''
STUDY AND
REPORT ON MEASURES TO PREVENT SALES OF AGENTS USED IN METHAMPHETAMINE
PRODUCTION
Pub. L. 104-237, title II,
Sec. 202, Oct. 3, 1996, 110 Stat. 3101,
provided that:
''(a) Study. - The Attorney
General of the United States shall conduct
a study on possible measures to effectively prevent the diversion
of red phosphorous, iodine, hydrochloric gas, and other agents
for use in the production of methamphetamine. Nothing in this
section shall preclude the Attorney General from taking any action
the Attorney General already is authorized to take with regard
to the regulation of listed chemicals under current law.
''(b) Report. - Not later
than January 1, 1998, the Attorney General shall submit a report to
the Congress of its findings pursuant to the study conducted under
subsection (a) on the need for and advisability of preventive measures.
''(c) Considerations. -
In developing recommendations under subsection
(b), the Attorney General shall consider -
''(1) the use of red phosphorous,
iodine, hydrochloric gas, and other agents in the illegal manufacture
of methamphetamine;
''(2) the use of red phosphorous,
iodine, hydrochloric gas, and other agents for legitimate, legal
purposes, and the impact any regulations may have on these legitimate
purposes; and
''(3) comments and recommendations
from law enforcement, manufacturers
of such chemicals, and the consumers of such chemicals
for legitimate, legal purposes.''
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