21 U.S.C. § 872 — Education and research programs of Attor-

Page 875 TITLE 21—FOOD AND DRUGS § 872 teenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hun- dred Eighteenth Congress, Jan. 9, 2023. § 872. Education and research programs of Attor- ney General (a) Authorization The Attorney General is authorized to carry out educational and research programs directly related to enforcement of the laws under his ju- risdiction 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 en- forcement for local, State, tribal, and Federal personnel; (2) studies or special projects designed to compare the deterrent effects of various en- forcement strategies on drug use and abuse; (3) studies or special projects designed to as- sess 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 into illegal channels; and (6) studies or special projects to develop in- formation necessary to carry out his functions under section 811 of this title. (b) Contracts The Attorney General may enter into con- tracts for such educational and research activi- ties without performance bonds and without re- gard to section 6101 of title 41. (c) Identification of research populations; au- thorization 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, tribal, 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 Sub- stances, or other treaties or international agree- ments shall be construed to limit, modify, or prevent the protection of the confidentiality of patient records or of the names and other identi- fying characteristics of research subjects as pro- vided by any Federal, State, or local law or reg- ulation. (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 re- search. Persons who obtain this authorization shall be exempt from State or Federal prosecu- tion for possession, distribution, and dispensing of controlled substances to the extent author- ized by the Attorney General. (f) Program to curtail diversion of precursor and essential chemicals The Attorney General shall maintain an ac- tive program, both domestic and international, to curtail the diversion of precursor chemicals and essential chemicals used in the illicit manu- facture of controlled substances. (Pub. L. 91–513, title II, § 502, Oct. 27, 1970, 84 Stat. 1271; Pub. L. 95–633, title I, § 108(a), Nov. 10, 1978, 92 Stat. 3773; Pub. L. 100–690, title VI, § 6060, Nov. 18, 1988, 102 Stat. 4320; Pub. L. 111–211, title II, § 232(a), July 29, 2010, 124 Stat. 2278.) Editorial Notes CODIFICATION In subsec. (b), ‘‘section 6101 of title 41’’ substituted for ‘‘section 3709 of the Revised Statutes (41 U.S.C. 5)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Con- tracts. AMENDMENTS 2010—Subsecs. (a)(1), (c). Pub. L. 111–211 inserted ‘‘tribal,’’ after ‘‘State,’’. 1988—Subsec. (f). Pub. L. 100–690 added subsec. (f). 1978—Subsecs. (d), (e). Pub. L. 95–633 added subsec. (d) and redesignated former subsec. (d) as (e). Statutory Notes and Related Subsidiaries 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. EFFECT OF GRANTS Pub. L. 111–211, title II, § 232(e), July 29, 2010, 124 Stat. 2279, provided that: ‘‘Nothing in this section [amending this section and sections 872a, 873, and 878 of this title] or any amendment made by this section— ‘‘(1) allows the grant to be made to, or used by, an entity for law enforcement activities that the entity lacks jurisdiction to perform; or ‘‘(2) has any effect other than to authorize, award, or deny a grant of funds to a federally recognized In- dian tribe for the purposes described in the relevant grant program.’’ [For definition of ‘‘Indian tribe’’ as used in section 232(e) of Pub. L. 111–211, set out above, see section 203(a) of Pub. L. 111–211, set out as a note under section 2801 of Title 25, Indians.] TRAINING FOR DRUG ENFORCEMENT ADMINISTRATION AND STATE AND LOCAL LAW ENFORCEMENT PER- SONNEL RELATING TO CLANDESTINE LABORATORIES Pub. L. 106–310, div. B, title XXXVI, § 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 pro- Page 876 TITLE 21—FOOD AND DRUGS § 872a grams 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 fu- ture. ‘‘(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 traf- ficking of amphetamine and methamphetamine. ‘‘(2) BASIC CLANDESTINE LABORATORY CERTIFICATION TRAINING.—A program of basic clandestine laboratory certification training, which shall provide informa- tion and training— ‘‘(A) to Drug Enforcement Administration per- sonnel and State and local law enforcement per- sonnel 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 subpara- graph (A) to other State and local law enforcement personnel. ‘‘(3) CLANDESTINE LABORATORY RECERTIFICATION AND AWARENESS TRAINING.—A program of clandestine lab- oratory recertification and awareness training, which shall provide information and training to State and local law enforcement personnel for purposes of ena- bling such personnel to provide recertification and awareness training relating to clandestine labora- tories 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, § 4, Oct. 13, 1996, 110 Stat. 3809, pro- vided 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 as- saults; and ‘‘(2) disseminate those materials to police depart- ments throughout the United States.’’ STUDY AND REPORT ON MEASURES TO PREVENT SALES OF AGENTS USED IN METHAMPHETAMINE PRODUCTION Pub. L. 104–237, title II, § 202, Oct. 3, 1996, 110 Stat. 3101, required the Attorney General of the United States to conduct a study on measures to effectively prevent the diversion of red phosphorous, iodine, hydro- chloric gas, and other agents for use in the production of methamphetamine, and to submit to Congress no later than Jan. 1, 1998, a report of the findings pursuant to the study on the need for and advisability of preven- tive measures. § 872a. Public-private education program (a) Advisory panel The Attorney General shall establish an advi- sory panel consisting of an appropriate number of representatives from Federal, State, tribal, and local law enforcement and regulatory agen- cies with experience in investigating and pros- ecuting illegal transactions of precursor chemi- cals. The Attorney General shall convene the panel as often as necessary to develop and co- ordinate educational programs for wholesale and retail distributors of precursor chemicals and supplies. (b) Continuation of current efforts The Attorney General shall continue to— (1) maintain an active program of seminars and training to educate wholesale and retail distributors of precursor chemicals and sup- plies regarding the identification of suspicious transactions and their responsibility to report such transactions; and (2) provide assistance to State, tribal, and local law enforcement and regulatory agencies to facilitate the establishment and mainte- nance of educational programs for distributors of precursor chemicals and supplies. (Pub. L. 104–237, title V, § 503, Oct. 3, 1996, 110 Stat. 3112; Pub. L. 111–211, title II, § 232(b), July 29, 2010, 124 Stat. 2278.) Editorial Notes CODIFICATION Section was enacted as part of the Comprehensive Methamphetamine Control Act of 1996, and not as part of the Controlled Substances Act which comprises this subchapter. AMENDMENTS 2010—Subsec. (a). Pub. L. 111–211, § 232(b)(1), inserted ‘‘tribal,’’ after ‘‘State,’’. Subsec. (b)(2). Pub. L. 111–211, § 232(b)(2), inserted ‘‘, tribal,’’ after ‘‘State’’. § 873. Cooperative arrangements (a) Cooperation of Attorney General with local, State, tribal, and Federal agencies The Attorney General shall cooperate with local, State, tribal, and Federal agencies con- cerning 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 prosecu- tion 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, tribal, and Federal personnel; (4) maintain in the Department of Justice a unit which will accept, catalog, file, and oth- erwise utilize all information and statistics, including records of controlled substance abusers and other controlled substance law of- fenders, which may be received from Federal, State, tribal, and local agencies, and make