21 U.S.C. § 884 — Immunity and privilege

Page 887 TITLE 21—FOOD AND DRUGS § 884 1 So in original. Probably should be ‘‘Rules’’. (C) to obtain damages, restitution, or other compensation, including civil pen- alties under section 842(b) of this title; and (D) to obtain such other legal or equitable relief as the court may find appropriate. (2) Service; intervention (A) Prior to filing a complaint under para- graph (1), the State shall serve a copy of the complaint upon the Attorney General and upon the United States Attorney for the judi- cial district in which the complaint is to be filed. In any case where such prior service is not feasible, the State shall serve the com- plaint on the Attorney General and the appro- priate United States Attorney on the same day that the State’s complaint is filed in Fed- eral district court of the United States. Such proceedings shall be independent of, and not in lieu of, criminal prosecutions or any other proceedings under this subchapter or any other laws of the United States. (B) Upon receiving notice respecting a civil action pursuant to this section, the United States shall have the right to intervene in such action and, upon so intervening, to be heard on all matters arising therein, and to file petitions for appeal. (C) Service of a State’s complaint on the United States as required in this paragraph shall be made in accord with the requirements of rule 4(i)(1) of the Federal Rule 1 of Civil Pro- cedure. (3) Powers conferred by State law For purposes of bringing any civil action under paragraph (1), nothing in this chapter shall prevent an attorney general of a State from exercising the powers conferred on the attorney general of a State by the laws of such State to conduct investigations or to admin- ister oaths or affirmations or to compel the attendance of witnesses of or the production of documentary or other evidence. (4) Venue Any civil action brought under paragraph (1) in a district court of the United States may be brought in the district in which the defendant is found, is an inhabitant, or transacts busi- ness or wherever venue is proper under section 1391 of title 28. Process in such action may be served in any district in which the defendant is an inhabitant or in which the defendant may be found. (5) No private right of action No private right of action is created under this subsection. (6) Limitation No civil action may be brought under para- graph (1) against— (A) the United States; (B) an Indian Tribe or tribal organization, to the extent such tribe or tribal organiza- tion is lawfully carrying out a contract or compact under the Indian Self-Determina- tion and Education Assistance Act [25 U.S.C. 5301 et seq.]; or (C) any employee of the United States or such Indian tribe or tribal organization, pro- vided such agent or employee is acting in the usual course of business or employment, and within the scope of the official duties of such agent or employee therewith. (Pub. L. 91–513, title II, § 512, Oct. 27, 1970, 84 Stat. 1278; Pub. L. 110–425, § 3(h), Oct. 15, 2008, 122 Stat. 4830; Pub. L. 117–215, title I, § 103(b)(1)(I), Dec. 2, 2022, 136 Stat. 2263.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsecs. (a), (b), and (c)(2)(C), are set out in the Appen- dix to Title 28, Judiciary and Judicial Procedure. This subchapter, referred to in subsecs. (a) and (c)(2)(A), was in the original ‘‘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 classification of title II to the Code, see second paragraph of Short Title note set out under sec- tion 801 of this title and Tables. This chapter, referred to in subsec. (c)(3), 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 sec- tion 801 of this title and Tables. The Indian Self-Determination and Education Assist- ance Act, referred to in subsec. (c)(6)(B), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§ 5301 et seq.) of Title 25, Indi- ans. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables. AMENDMENTS 2022—Subsec. (c)(1). Pub. L. 117–215 substituted ‘‘823(g)’’ for ‘‘823(f)’’ in introductory provisions. 2008—Subsec. (c). Pub. L. 110–425 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–425 effective 180 days after Oct. 15, 2008, except as otherwise provided, see section 3(j) of Pub. L. 110–425, set out as a note under section 802 of this title. § 883. Enforcement proceedings Before any violation of this subchapter is re- ported by the Administrator of the Drug En- forcement Administration to any United States attorney for institution of a criminal pro- ceeding, the Administrator may require that the person against whom such proceeding is con- templated is given appropriate notice and an op- portunity to present his views, either orally or in writing, with regard to such contemplated proceeding. (Pub. L. 91–513, title II, § 513, Oct. 27, 1970, 84 Stat. 1278; Pub. L. 96–132, § 16(c), Nov. 30, 1979, 93 Stat. 1049.) Editorial Notes AMENDMENTS 1979—Pub. L. 96–132 substituted ‘‘Administrator of the Drug Enforcement Administration’’ for ‘‘Director of the Bureau of Narcotics and Dangerous Drugs’’ and ‘‘Administrator may’’ for ‘‘Director may’’. § 884. Immunity and privilege (a) Refusal to testify Whenever a witness refuses, on the basis of his privilege against self-incrimination, to testify Page 888 TITLE 21—FOOD AND DRUGS § 885 1 See Codification note below. or provide other information in a proceeding be- fore a court or grand jury of the United States, involving a violation of this subchapter, and the person presiding over the proceeding commu- nicates to the witness an order issued under this section, the witness may not refuse to comply with the order on the basis of his privilege against self-incrimination. But no testimony or other information compelled under the order issued under subsection (b) of this section or any information obtained by the exploitation of such testimony or other information, may be used against the witness in any criminal case, includ- ing any criminal case brought in a court of a State, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order. (b) Order of United States district court In the case of any individual who has been or may be called to testify or provide other infor- mation at any proceeding before a court or grand jury of the United States, the United States district court for the judicial district in which the proceeding is or may be held shall issue, upon the request of the United States at- torney for such district, an order requiring such individual to give any testimony or provide any other information which he refuses to give or provide on the basis of his privilege against self- incrimination. (c) Request by United States attorney A United States attorney may, with the ap- proval of the Attorney General or the Deputy Attorney General, the Associate Attorney Gen- eral, or any Assistant Attorney General des- ignated by the Attorney General, request an order under subsection (b) when in his judg- ment— (1) the testimony or other information from such individual may be necessary to the public interest; and (2) such individual has refused or is likely to refuse to testify or provide other information on the basis of his privilege against self-in- crimination. (Pub. L. 91–513, title II, § 514, Oct. 27, 1970, 84 Stat. 1278; Pub. L. 100–690, title VII, § 7020(f), Nov. 18, 1988, 102 Stat. 4396.) Editorial Notes AMENDMENTS 1988—Subsec. (c). Pub. L. 100–690 inserted reference to Associate Attorney General. § 885. Burden of proof; liabilities (a) Exemptions and exceptions; presumption in simple possession offenses (1) It shall not be necessary for the United States to negative any exemption or exception set forth in this subchapter in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this subchapter, and the burden of going forward with the evidence with respect to any such ex- emption or exception shall be upon the person claiming its benefit. (2) In the case of a person charged under sec- tion 844(a) of this title with the possession of a controlled substance, any label identifying such substance for purposes of section 353(b)(2) of this title shall be admissible in evidence and shall be prima facie evidence that such substance was obtained pursuant to a valid prescription from a practitioner while acting in the course of his professional practice. (b) Registration and order forms In the absence of proof that a person is the duly authorized holder of an appropriate reg- istration or order form issued under this sub- chapter, he shall be presumed not to be the hold- er of such registration or form, and the burden of going forward with the evidence with respect to such registration or form shall be upon him. (c) Use of vehicles, vessels, and aircraft The burden of going forward with the evidence to establish that a vehicle, vessel, or aircraft used in connection with controlled substances in schedule I was used in accordance with the pro- visions of this subchapter shall be on the per- sons engaged in such use. (d) Immunity of Federal, State, local and other officials Except as provided in sections 2234 and 2235 of title 18, no civil or criminal liability shall be imposed by virtue of this subchapter upon any duly authorized Federal officer lawfully engaged in the enforcement of this subchapter, or upon any duly authorized officer of any State, terri- tory, political subdivision thereof, the District of Columbia, or any possession of the United States, who shall be lawfully engaged in the en- forcement of any law or municipal ordinance re- lating to controlled substances. (Pub. L. 91–513, title II, § 515, Oct. 27, 1970, 84 Stat. 1279.) Editorial Notes REFERENCES IN TEXT Schedule I, referred to in subsec. (c), is set out in sec- tion 812(c) of this title. § 886. Payments and advances (a) Payment to informers The Attorney General is authorized to pay any person, from funds appropriated for the Drug Enforcement Administration, for information concerning a violation of this subchapter, such sum or sums of money as he may deem appro- priate, without reference to any moieties or re- wards to which such person may otherwise be entitled by law. (b) Reimbursement for purchase of controlled substances Moneys expended from appropriations of the Drug Enforcement Administration for purchase of controlled substances and subsequently recov- ered shall be reimbursed to the current appro- priation for the Administration.1 (c) Advance of funds for enforcement purposes The Attorney General is authorized to direct the advance of funds by the Treasury Depart- ment in connection with the enforcement of this subchapter.