21 U.S.C. § 873

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 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 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, tribal, 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, tribal, and local agencies, and make 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 species from which controlled substances may be extracted;

(6) assist State, tribal, 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, tribal, and local governments to adequately control the diversion of controlled substances;

(B) providing advice and counsel to State, tribal, 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, tribal, 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; limitation on court challenges

(1) The Attorney General shall, once every 6 months, prepare and make available to regulatory, licensing, attorneys general, and law enforcement agencies of States a standardized report containing descriptive and analytic information 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 determined to have the highest abuse.

(2) If the Attorney General publishes the report 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 referred 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 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.

¹See References in Text note below.

21 U.S.C. § 873

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 TEXTThis 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 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.

AMENDMENTS2018-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 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." 2010-Subsec. (a). Pub. L. 111-211, §232(c)(1)(A), inserted "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), inserted ",tribal," after "State" wherever appearing. 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 Coordinating 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, §36253625,, 114 Stat. 1233, provided that: "(a) ACTIVITIES.-In order to combat the illegal manufacturing and trafficking in amphetamine and methamphetamine, the Administrator of the Drug Enforcement Administration may- "(1) assist State and local law enforcement in small and mid-sized communities in all phases of investigations related to such manufacturing and trafficking, including assistance with foreign-language interpretation;"(2) staff additional regional enforcement and mobile enforcement teams related to such manufacturing 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 operations of major amphetamine and methamphetamine manufacturing and trafficking organizations; "(5) enhance the investigative and related functions of the Chemical Control Program of the Administration to implement more fully the provisions of the Comprehensive Methamphetamine Control Act of 1996 (Public Law 104-237) [see Short Title of 1996 Amendments note set out under section 801 of this title];"(6) design an effective means of requiring an accurate 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-sensitive enforcement information from suspicious order reporting to field offices of the Administration and other law enforcement and regulatory agencies, including 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 communication process in order to alert the industry to current trends and emerging patterns in the illegal manufacturing of amphetamine and methamphetamine; and"(9) carry out such other activities as the Administrator 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 positions, including not more than 31 special-agent positions, and may appoint personnel to such positions. "(2) PARTICULAR POSITIONS.-In carrying out activities under paragraphs (5) through (8) of subsection (a), the Administrator may establish in the Administration not more than 15 full-time positions, including not more than 10 diversion investigator positions, and may appoint personnel to such positions. Any positions established under this paragraph are in addition to any positions established under paragraph (1)."(c) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be appropriated for the Drug Enforcement Administration for each fiscal year after fiscal year 1999, $9,500,000 for purposes of carrying out the activities 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 employing personnel in positions established under subsection (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 appropriated in subsection (a) [118 Stat. 3941], $42,322,000 shall be available for the National Drug Intelligence Center. Within such amount, funds provided for research, 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 Center under paragraph (1). The Attorney General shall utilize funds so transferred for the activities of the National Drug Intelligence 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)) [now 50 U.S.C. 3025(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 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, §80568056,, 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, §90789078,, 106 Stat. 1919.