21 U.S.C. § 873 — Cooperative arrangements

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 Page 877 TITLE 21—FOOD AND DRUGS § 873 1 See References in Text note below. such information available for Federal, State, tribal, and local law enforcement purposes; (5) conduct programs of eradication aimed at destroying wild or illicit growth of plant spe- cies from which controlled substances may be extracted; (6) assist State, tribal, and local govern- ments in suppressing the diversion of con- trolled substances from legitimate medical, scientific, and commercial channels by— (A) making periodic assessments of the ca- pabilities of State, tribal, and local govern- ments to adequately control the diversion of controlled substances; (B) providing advice and counsel to State, tribal, and local governments on the meth- ods 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, tribal, and local law enforcement agen- cies to provide for cooperative enforcement and regulatory activities under this chapter.1 (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 instrumen- tality of the Federal Government to furnish as- sistance, including technical advice, to him for carrying out his functions under this sub- chapter; except that no such agency or instru- mentality shall be required to furnish the name of, or other identifying information about, a pa- tient or research subject whose identity it has undertaken to keep confidential. (c) Descriptive and analytic reports; limitation on court challenges (1) The Attorney General shall, once every 6 months, prepare and make available to regu- latory, licensing, attorneys general, and law en- forcement agencies of States a standardized re- port containing descriptive and analytic infor- mation on the actual distribution patterns, as gathered through the Automated Reports and Consolidated Orders System, or any subsequent automated system, pursuant to section 827 of this title and which includes detailed amounts, outliers, and trends of distributor and pharmacy registrants, in such States for the controlled substances contained in schedule II, which, in the discretion of the Attorney General, are de- termined to have the highest abuse. (2) If the Attorney General publishes the re- port described in paragraph (1) once every 6 months as required under paragraph (1), nothing in this subsection shall be construed to bring an action in any court to challenge the sufficiency of the information or to compel the Attorney General to produce any documents or reports re- ferred to in this subsection. (d) Grants by Attorney General (1) The Attorney General may make grants, in accordance with paragraph (2), to State, tribal, and local governments to assist in meeting the costs of— (A) collecting and analyzing data on the di- version of controlled substances, (B) conducting investigations and prosecu- tions 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 prescrip- tions, and (F) training law enforcement and regulatory personnel to improve the control of such di- versions. (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 remain- ing 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 au- thorized to be appropriated $6,000,000 for fiscal year 1985 and $6,000,000 for fiscal year 1986. (Pub. L. 91–513, title II, § 503, Oct. 27, 1970, 84 Stat. 1271; Pub. L. 96–359, § 8(a) Sept. 26, 1980, 94 Stat. 1194; Pub. L. 98–473, title II, § 517, Oct. 12, 1984, 98 Stat. 2074; Pub. L. 99–570, title I, § 1868, Oct. 27, 1986, 100 Stat. 3207–55; Pub. L. 99–646, § 85, Nov. 10, 1986, 100 Stat. 3620; Pub. L. 111–211, title II, § 232(c), July 29, 2010, 124 Stat. 2278; Pub. L. 115–271, title III, § 3273(b), Oct. 24, 2018, 132 Stat. 3953.) Editorial Notes 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. 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 popu- larly 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. AMENDMENTS 2018—Subsec. (c). Pub. L. 115–271 added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: ‘‘The Attorney General shall annually (1) select the controlled substance (or controlled sub- stances) contained in schedule II which, in the Attor- ney General’s discretion, is determined to have the highest rate of abuse, and (2) prepare and make avail- able 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.’’ 2010—Subsec. (a). Pub. L. 111–211, § 232(c)(1)(A), in- serted ‘‘tribal,’’ after ‘‘State,’’ wherever appearing in introductory provisions and pars. (3) and (4). Subsec. (a)(6), (7). Pub. L. 111–211, § 232(c)(1)(B), in- serted ‘‘, tribal,’’ after ‘‘State’’ wherever appearing. Page 878 TITLE 21—FOOD AND DRUGS § 873 Subsec. (d)(1). Pub. L. 111–211, § 232(c)(2), inserted ‘‘, tribal,’’ after ‘‘State’’ in introductory provisions. 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, § 517(a), added par. (6). Subsec. (d). Pub. L. 98–473, § 517(b), added subsec. (d). 1980—Subsec. (c). Pub. L. 96–359 added subsec. (c). Statutory Notes and Related Subsidiaries ANNUAL REPORT ON COUNTERDRUG INTELLIGENCE MATTERS Pub. L. 107–306, title VIII, § 826, Nov. 27, 2002, 116 Stat. 2429, which required the Counterdrug Intelligence Co- ordinating Group to submit to certain committees of Congress an annual report on counterdrug intelligence matters, was repealed by Pub. L. 111–259, title III, § 347(g), Oct. 7, 2010, 124 Stat. 2699. COMBATING AMPHETAMINE AND METHAMPHETAMINE MANUFACTURING AND TRAFFICKING Pub. L. 106–310, div. B, title XXXVI, § 3625, Oct. 17, 2000, 114 Stat. 1233, provided that: ‘‘(a) ACTIVITIES.—In order to combat the illegal man- ufacturing and trafficking in amphetamine and meth- amphetamine, the Administrator of the Drug Enforce- ment Administration may— ‘‘(1) assist State and local law enforcement in small and mid-sized communities in all phases of investiga- tions related to such manufacturing and trafficking, including assistance with foreign-language interpre- tation; ‘‘(2) staff additional regional enforcement and mo- bile enforcement teams related to such manufac- turing 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 oper- ations of major amphetamine and methamphetamine manufacturing and trafficking organizations; ‘‘(5) enhance the investigative and related functions of the Chemical Control Program of the Administra- tion to implement more fully the provisions of the Comprehensive Methamphetamine Control Act of 1996 (Public Law 104–237) [see Short Title of 1996 Amend- ments note set out under section 801 of this title]; ‘‘(6) design an effective means of requiring an accu- rate 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-sen- sitive enforcement information from suspicious order reporting to field offices of the Administration and other law enforcement and regulatory agencies, in- cluding 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 commu- nication process in order to alert the industry to cur- rent trends and emerging patterns in the illegal man- ufacturing of amphetamine and methamphetamine; and ‘‘(9) carry out such other activities as the Adminis- trator 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 posi- tions, including not more than 31 special-agent posi- tions, and may appoint personnel to such positions. ‘‘(2) PARTICULAR POSITIONS.—In carrying out activi- ties under paragraphs (5) through (8) of subsection (a), the Administrator may establish in the Adminis- tration not more than 15 full-time positions, includ- ing not more than 10 diversion investigator positions, and may appoint personnel to such positions. Any po- sitions established under this paragraph are in addi- tion to any positions established under paragraph (1). ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated for the Drug Enforce- ment Administration for each fiscal year after fiscal year 1999, $9,500,000 for purposes of carrying out the ac- tivities 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 em- ploying personnel in positions established under sub- section (b)(2).’’ NATIONAL DRUG INTELLIGENCE CENTER Pub. L. 108–487, title I, § 104(e), Dec. 23, 2004, 118 Stat. 3942, provided that: ‘‘(1) IN GENERAL.—Of the amount authorized to be ap- propriated in subsection (a) [118 Stat. 3941], $42,322,000 shall be available for the National Drug Intelligence Center. Within such amount, funds provided for re- search, development, testing, and evaluation purposes shall remain available until September 30, 2006, and funds provided for procurement purposes shall remain available until September 30, 2007. ‘‘(2) TRANSFER OF FUNDS.—The Director of National Intelligence shall transfer to the Attorney General funds available for the National Drug Intelligence Cen- ter under paragraph (1). The Attorney General shall utilize funds so transferred for the activities of the Na- tional Drug Intelligence Center. ‘‘(3) LIMITATION.—Amounts available for the National Drug Intelligence Center may not be used in contraven- tion of the provisions of section 103(d)(1) of the Na- tional Security Act of 1947 (50 U.S.C. 403–3(d)(1)) [now 50 U.S.C. 3025(d)(1)]. ‘‘(4) AUTHORITY.—Notwithstanding any other provi- sion of law, the Attorney General shall retain full au- thority over the operations of the National Drug Intel- ligence Center.’’ Similar provisions were contained in the following prior authorization acts: Pub. L. 108–177, title I, § 104(e), Dec. 13, 2003, 117 Stat. 2602. Pub. L. 107–306, title I, § 104(e), Nov. 27, 2002, 116 Stat. 2387. Pub. L. 107–108, title I, § 104(e), Dec. 28, 2001, 115 Stat. 1396. Pub. L. 106–567, title I, § 104(e), Dec. 27, 2000, 114 Stat. 2834. Pub. L. 106–120, title I, § 104(e), Dec. 3, 1999, 113 Stat. 1609. Pub. L. 105–272, title I, § 104(e), Oct. 20, 1998, 112 Stat. 2398. Pub. L. 105–107, title I, § 104(e), Nov. 20, 1997, 111 Stat. 2250. Pub. L. 104–293, title I, § 104(d), Oct. 11, 1996, 110 Stat. 3464. Pub. L. 103–139, title VIII, § 8056, Nov. 11, 1993, 107 Stat. 1452, provided that: ‘‘During the current fiscal year and thereafter, there is established, under the di- rection and control of the Attorney General, the Na- tional 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, mem- bership, 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: Page 879 TITLE 21—FOOD AND DRUGS § 877 Pub. L. 102–396, title IX, § 9078, Oct. 6, 1992, 106 Stat. 1919. § 874. Advisory committees The Attorney General may from time to time appoint committees to advise him with respect to preventing and controlling the abuse of con- trolled substances. Members of the committees may be entitled to receive compensation at the rate of $100 for each day (including traveltime) during which they are engaged in the actual per- formance of duties. While traveling on official business in the performance of duties for the committees, members of the committees shall be allowed expenses of travel, including per diem instead of subsistence, in accordance with sub- chapter I of chapter 57 of title 5. (Pub. L. 91–513, title II, § 504, Oct. 27, 1970, 84 Stat. 1272.) Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, and advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2- year period, or in the case of a committee established by Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees. § 875. Administrative hearings (a) Power of Attorney General In carrying out his functions under this sub- chapter, the Attorney General may hold hear- ings, sign and issue subpenas, administer oaths, examine witnesses, and receive evidence at any place in the United States. (b) Procedures applicable Except as otherwise provided in this sub- chapter, notice shall be given and hearings shall be conducted under appropriate procedures of subchapter II of chapter 5 of title 5. (Pub. L. 91–513, title II, § 505, Oct. 27, 1970, 84 Stat. 1272.) § 876. Subpenas (a) Authorization of use by Attorney General In any investigation relating to his functions under this subchapter with respect to controlled substances, listed chemicals, tableting ma- chines, or encapsulating machines, the Attorney General may subpena witnesses, compel the at- tendance and testimony of witnesses, and re- quire the production of any records (including books, papers, documents, and other tangible things which constitute or contain evidence) which the Attorney General finds relevant or material to the investigation. The attendance of witnesses and the production of records may be required from any place in any State or in any territory or other place subject to the jurisdic- tion of the United States at any designated place of hearing; except that a witness shall not be required to appear at any hearing more than 500 miles distant from the place where he was served with a subpena. Witnesses summoned under this section shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. (b) Service A subpena issued under this section may be served by any person designated in the subpena to serve it. Service upon a natural person may be made by personal delivery of the subpena to him. Service may be made upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is sub- ject to suit under a common name, by delivering the subpena to an officer, to a managing or gen- eral agent, or to any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the subpena entered on a true copy thereof by the person serving it shall be proof of service. (c) Enforcement In the case of contumacy by or refusal to obey a subpena issued to any person, the Attorney General may invoke the aid of any court of the United States within the jurisdiction of which the investigation is carried on or of which the subpenaed person is an inhabitant, or in which he carries on business or may be found, to com- pel compliance with the subpena. The court may issue an order requiring the subpenaed person to appear before the Attorney General to produce records, if so ordered, or to give testimony touching the matter under investigation. Any failure to obey the order of the court may be punished by the court as a contempt thereof. All process in any such case may be served in any judicial district in which such person may be found. (Pub. L. 91–513, title II, § 506, Oct. 27, 1970, 84 Stat. 1272; Pub. L. 100–690, title VI, § 6058, Nov. 18, 1988, 102 Stat. 4319.) Editorial Notes AMENDMENTS 1988—Subsec. (a). Pub. L. 100–690 inserted ‘‘listed chemicals, tableting machines, or encapsulating ma- chines,’’ after ‘‘with respect to controlled substances,’’. 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. § 877. Judicial review All final determinations, findings, and conclu- sions of the Attorney General under this sub- chapter shall be final and conclusive decisions of the matters involved, except that any person ag- grieved by a final decision of the Attorney Gen- eral may obtain review of the decision in the United States Court of Appeals for the District of Columbia or for the circuit in which his prin- cipal place of business is located upon petition filed with the court and delivered to the Attor- ney General within thirty days after notice of