21 U.S.C. § 904 — Payment of tort claims

Page 891 TITLE 21—FOOD AND DRUGS § 904 seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 1421 of Title 7 and Tables. The Commodity Credit Corporation Charter Act, re- ferred to in subsec. (b)(1)(A), is act June 29, 1948, ch. 704, 62 Stat. 1070, and is classified generally to subchapter II (§ 714 et seq.) of chapter 15 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 714 of Title 15 and Tables. The Federal Crop Insurance Act, referred to in sub- sec. (b)(1)(C), is subtitle A of title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, which is classified generally to sub- chapter I (§ 1501 et seq.) of chapter 36 of Title 7, Agri- culture. For complete classification of this Act to the Code, see section 1501 of Title 7 and Tables. The Consolidated Farm and Rural Development Act, referred to in subsec. (b)(1)(E), is title III of Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 307, which is classified prin- cipally to chapter 50 (§ 1921 et seq.) of Title 7. For com- plete classification of this Act to the Code, see Short Title note set out under section 1921 of Title 7 and Ta- bles. CODIFICATION Section was classified to section 881a of this title prior to renumbering by Pub. L. 101–647. AMENDMENTS 1990—Pub. L. 101–647 renumbered section 881a of this title as this section. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 890. Review of Federal sales of chemicals usa- ble to manufacture controlled substances A Federal department or agency may not sell from the stocks of the department or agency any chemical which, as determined by the Ad- ministrator of the Drug Enforcement Adminis- tration, could be used in the manufacture of a controlled substance unless the Administrator certifies in writing to the head of the depart- ment or agency that there is no reasonable cause to believe that the sale of the chemical would result in the illegal manufacture of a con- trolled substance. (Pub. L. 91–513, title II, § 520, as added Pub. L. 104–201, div. A, title X, § 1034(a), Sept. 23, 1996, 110 Stat. 2640.) PART F—GENERAL PROVISIONS Editorial Notes CODIFICATION The letter designation for this Part F was, in the original, Part G. The original Part F of title II of Pub. L. 91–513, consisting of section 601 thereof, is set out as a note under section 801 of this title. The original Part G of title II of Pub. L. 91–513 consisted of sections 701 to 709. Sections 701 to 705 amended and repealed sec- tions in this title and in Title 18, Crimes and Criminal Procedure, and Title 42, The Public Health and Welfare, and enacted provisions set out as notes under sections 321, 801, and 822 of this title. See Tables for classifica- tions of said sections 701 to 705. Sections 706 to 709 of Pub. L. 91–513 are set out as sections 901 to 904 of this title and, for purposes of codification, comprise this Part F. § 901. Severability If a provision of this chapter is held invalid, all valid provisions that are severable shall re- main in effect. If a provision of this chapter is held invalid in one or more of its applications, the provision shall remain in effect in all its valid applications that are severable. (Pub. L. 91–513, title II, § 706, Oct. 27, 1970, 84 Stat. 1284.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1236. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables. § 902. Savings provisions Nothing in this chapter, except this part and, to the extent of any inconsistency, sections 827(e) and 829 of this title, shall be construed as in any way affecting, modifying, repealing, or superseding the provisions of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. § 301 et seq.]. (Pub. L. 91–513, title II, § 707, Oct. 27, 1970, 84 Stat. 1284.) Editorial Notes REFERENCES IN TEXT The Federal Food, Drug, and Cosmetic Act, referred to in text, is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of this title. For complete classification of this Act to the Code, see section 301 of this title and Tables. § 903. Application of State law No provision of this subchapter shall be con- strued as indicating an intent on the part of the Congress to occupy the field in which that provi- sion operates, including criminal penalties, to the exclusion of any State law on the same sub- ject matter which would otherwise be within the authority of the State, unless there is a positive conflict between that provision of this sub- chapter and that State law so that the two can- not consistently stand together. (Pub. L. 91–513, title II, § 708, Oct. 27, 1970, 84 Stat. 1284.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, and is popularly known as the ‘‘Controlled Substances Act’’. For complete classifica- tion of title II to the Code, see second paragraph of Short Title note set out under section 801 of this title and Tables. § 904. Payment of tort claims Notwithstanding section 2680(k) of title 28, the Attorney General, in carrying out the functions of the Department of Justice under this sub- chapter, is authorized to pay tort claims in the manner authorized by section 2672 of title 28, when such claims arise in a foreign country in Page 892 TITLE 21—FOOD AND DRUGS § 951 connection with the operations of the Drug En- forcement Administration abroad. (Pub. L. 91–513, title II, § 709, Oct. 27, 1970, 84 Stat. 1284; Pub. L. 93–481, § 1, Oct. 26, 1974, 88 Stat. 1455; Pub. L. 95–137, § 1(a), Oct. 18, 1977, 91 Stat. 1169; Pub. L. 96–132, §§ 13, 15, Nov. 30, 1979, 93 Stat. 1048; Pub. L. 97–414, § 9(g)(1), Jan. 4, 1983, 96 Stat. 2064.) Editorial Notes AMENDMENTS 1983—Pub. L. 97–414 struck out subsecs. (a) and (b) which had provided, respectively, that (a) there were authorized to be appropriated $105,000,000 for the fiscal year ending June 30, 1975, $175,000,000 for the fiscal year ending June 30, 1976, $200,000,000 for the fiscal year end- ing September 30, 1977, $188,000,000 for the fiscal year ending September 30, 1978, $215,000,000 for the fiscal year ending September 30, 1979, and $198,336,000 for the fiscal year ending September 30, 1980, for the expenses of the Department of Justice in carrying out its func- tions under this subchapter, and that (b) no funds ap- propriated under any other provision of this chapter could be used for the expenses of the Department of Justice for which funds were authorized to be appro- priated by former subsection (a) of this section, and re- moved the subsection designator (c) before ‘‘Notwith- standing’’. 1979—Subsec. (a). Pub. L. 96–132, § 15, inserted provi- sions authorizing appropriations of $198,336,000 for the fiscal year ending Sept. 30, 1980. Subsec. (c). Pub. L. 96–132, § 13, added subsec. (c). 1977—Subsec. (a). Pub. L. 95–137 substituted ‘‘Sep- tember 30, 1977, $188,000,000 for the fiscal year ending September 30, 1978, and $215,000,000 for the fiscal year ending September 30, 1979,’’ for ‘‘June 30, 1977,’’ and struck out ‘‘(other than its expenses incurred in con- nection with carrying out section 803(a) of this title)’’. 1974—Pub. L. 93–481 designated existing provisions as subsec. (a), substituted authorization of appropriations for fiscal years ending June 30, 1975, June 30, 1976, and June 30, 1977, for authorization of appropriations for fiscal years ending June 30, 1972, June 30, 1973, and June 30, 1974, and added subsec. (b). SUBCHAPTER II—IMPORT AND EXPORT Editorial Notes CODIFICATION This subchapter is comprised of Part A of title III of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1285. Part B of title III contains amendatory, repealing, and transitional provisions generally classified elsewhere. § 951. Definitions (a) For purposes of this subchapter— (1) The term ‘‘import’’ means, with respect to any article, any bringing in or introduction of such article into any area (whether or not such bringing in or introduction constitutes an importation within the meaning of the tar- iff laws of the United States). (2) The term ‘‘customs territory of the United States’’ has the meaning assigned to such term by general note 2 of the Harmonized Tariff Schedule of the United States. (b) Each term defined in section 802 of this title shall have the same meaning for purposes of this subchapter as such term has for purposes of subchapter I. (Pub. L. 91–513, title III, § 1001, Oct. 27, 1970, 84 Stat. 1285; Pub. L. 100–418, title I, § 1214(m), Aug. 23, 1988, 102 Stat. 1158.) Editorial Notes REFERENCES IN TEXT The Harmonized Tariff Schedule of the United States, referred to in subsec. (a)(2), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of Title 19, Customs Duties. This subchapter, referred to in subsecs. (a) and (b), was in the original ‘‘this title’’, meaning title III of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1285. Part A of title III comprises this subchapter. For classification of Part B, consisting of sections 1101 to 1105 of title III, see Ta- bles. AMENDMENTS 1988—Subsec. (a)(2). Pub. L. 100–418 substituted ‘‘gen- eral note 2 of the Harmonized Tariff Schedule of the United States’’ for ‘‘general headnote 2 to the Tariff Schedules of the United States’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–418 effective Jan. 1, 1989, and applicable with respect to articles entered on or after such date, see section 1217(b)(1) of Pub. L. 100–418, set out as an Effective Date note under section 3001 of Title 19, Customs Duties. EFFECTIVE DATE Pub. L. 91–513, title III, § 1105(a)–(c), Oct. 27, 1970, 84 Stat. 1295, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ‘‘(a) Except as otherwise provided in this section, this title [see Short Title note below] shall become effective on the first day of the seventh calendar month that be- gins after the day immediately preceding the date of enactment [Oct. 27, 1970]. ‘‘(b) Sections 1000, 1001, 1006, 1015, 1016, 1103, 1104 [see Short Title note below and sections 171 note, 951, 956, 957 note, 965, and 966 of this title], and this section shall become effective upon enactment [Oct. 27, 1970]. ‘‘(c)(1) If the Attorney General, pursuant to the au- thority of section 704(c) of title II [set out as a note under section 801 of this title], postpones the effective date of section 306 (relating to manufacturing quotas) [section 826 of this title] for any period beyond the date specified in section 704(a) [set out as a note under sec- tion 801 of this title], and such postponement applies to narcotic drugs, the repeal of the Narcotics Manufac- turing Act of 1960 [sections 501 to 517 of this title] by paragraph (10) of section 1101(a) of this title is hereby postponed for the same period, except that the post- ponement made by this paragraph shall not apply to the repeal of sections 4, 5, 13, 15, and 16 of that Act [which were classified to sections 182, 503, 511, and 513 of this title and sections 4702, 4731, and 4731 note of Title 26, Internal Revenue Code]. ‘‘(2) Effective for any period of postponement, by paragraph (1) of this subsection, of the repeal of provi- sions of the Narcotics Manufacturing Act of 1960 [sec- tions 501 to 517 of this title], that Act shall be applied subject to the following modifications: ‘‘(A) The term ‘narcotic drug’ shall mean a narcotic drug as defined in section 102(16) of title II [section 802(16) of this title], and all references, in the Narcotics Manufacturing Act of 1960 [sections 501 to 517 of this title], to a narcotic drug as defined by section 4731 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954, section 4731 of Title 26] are amended to refer to a nar- cotic drug as defined by such section 102(16) [section 802(16) of this title]. ‘‘(B) On and after the date prescribed by the Attorney General pursuant to clause (2) of section 703(c) of title II, [set out as a note under section 822 of this title], the requirements of a manufacturer’s license with respect to a basic class of narcotic drug under the Narcotics Manufacturing Act of 1960 [sections 501 to 517 of this title], and of a registration under section 4722 of the In-