21 USC 873: Cooperative arrangements
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21 USC 873: Cooperative arrangements Text contains those laws in effect on January 23, 2000
From Title 21-FOOD AND DRUGSCHAPTER 13-DRUG ABUSE PREVENTION AND CONTROLSUBCHAPTER I-CONTROL AND ENFORCEMENTPart E-Administrative and Enforcement Provisions

§873. Cooperative arrangements

(a) Cooperation of Attorney General with local, State, and Federal agencies

The Attorney General shall cooperate with local, State, and Federal agencies concerning 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 prosecution 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, and Federal personnel;

(4) maintain in the Department of Justice a unit which will accept, catalog, file, and otherwise utilize all information and statistics, including records of controlled substance abusers and other controlled substance law offenders, which may be received from Federal, State, and local agencies, and make such information available for Federal, State, and local law enforcement purposes;

(5) conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted;

(6) assist State and local governments in suppressing the diversion of controlled substances from legitimate medical, scientific, and commercial channels by-

(A) making periodic assessments of the capabilities of State and local governments to adequately control the diversion of controlled substances;

(B) providing advice and counsel to State and local governments on the methods 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 and local law enforcement agencies 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 instrumentality of the Federal Government to furnish assistance, including technical advice, to him for carrying out his functions under this subchapter; except that no such agency or instrumentality shall be required to furnish the name of, or other identifying information about, a patient or research subject whose identity it has undertaken to keep confidential.

(c) Descriptive and analytic reports by Attorney General to State agencies of distribution patterns of schedule II substances having highest rates of abuse

The Attorney General shall annually (1) select the controlled substances (or controlled substances) contained in schedule II which, in the Attorney General's discretion, is determined to have the highest rate of abuse, and (2) prepare and make available 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.

(d) Grants by Attorney General

(1) The Attorney General may make grants, in accordance with paragraph (2), to State and local governments to assist in meeting the costs of-

(A) collecting and analyzing data on the diversion of controlled substances,

(B) conducting investigations and prosecutions 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 prescriptions, and

(F) training law enforcement and regulatory personnel to improve the control of such diversions.


(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 remaining 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 authorized 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 .)

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 , as amended. 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 popularly 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

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).

National Drug Intelligence Center

Pub. L. 106–120, title I, §104(e), Dec. 3, 1999, 113 Stat. 1609 , provided that:

"(1) In general.-Of the amount authorized to be appropriated in subsection (a) [113 Stat. 1608], $27,000,000 shall be available for the National Drug Intelligence Center. Within such amount, funds provided for research, development, test, and evaluation purposes shall remain available until September 30, 2001, and funds provided for procurement purposes shall remain available until September 30, 2002.

"(2) Transfer of funds.-The Director of Central Intelligence shall transfer to the Attorney General of the United States funds available for the National Drug Intelligence Center under paragraph (1). The Attorney General shall utilize funds so transferred for activities of the Center.

"(3) Limitation.-Amounts available for the National Drug Intelligence Center may not be used in contravention of the provisions of section 103(d)(1) of the National Security Act of 1947 (50 U.S.C. 403–3(d)(1)).

"(4) Authority.-Notwithstanding any other provision of law, the Attorney General shall retain full authority over the operations of the National Drug Intelligence Center."

Similar provisions were contained in the following prior appropriation acts:

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 direction and control of the Attorney General, the National 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, membership, 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:

Pub. L. 102–396, title IX, §9078, Oct. 6, 1992, 106 Stat. 1919 .

Section Referred to in Other Sections

This section is referred to in title 42 section 14081.

1 See References in Text note below.