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21 U.S.C. § 873Cooperative arrangements

submitted 56 years ago by Pub. L. 91-513 to r/title-21-FOOD-AND-DRUGS · 753 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Attorney General must cooperate with government agencies against controlled-substance trafficking and abuse and may conduct information, training, eradication, diversion-control, and grant programs.

(a) The Attorney General must cooperate with local, State, tribal, and Federal agencies about controlled-substance traffic and abuse. He may (1) arrange information exchanges among officials; (2) help bring and prosecute cases in United States courts and State licensing boards and courts; (3) train personnel; (4) maintain a Justice Department unit to receive, catalog, file, and use information and statistics, including offender records, and share them for law-enforcement purposes; (5) eradicate wild or illicit plants from which controlled substances can be extracted; (6) help governments stop diversion from legitimate channels by (A) assessing their capabilities, (B) advising how to strengthen controls, and (C) creating joint investigations; and (7) enter contracts with State, tribal, and local law-enforcement agencies for cooperative enforcement and regulation despite other law. (b) At the Attorney General's request, federal agencies must provide assistance and technical advice, but need not disclose a confidential patient or research subject's identity. (c) Every six months he must provide State regulatory, licensing, attorney-general, and law-enforcement agencies a standardized report from the Automated Reports and Consolidated Orders System (or successor) describing actual Schedule II distribution patterns, amounts, outliers, and trends for distributor and pharmacy registrants involving the Schedule II substances he identifies as having the highest abuse. If he publishes it as required, this subsection cannot be used to sue over information sufficiency or compel related documents or reports. (d) He may grant State, tribal, and local governments up to 80% of costs for (1) diversion data, investigations and prosecutions, stronger controls, prevention, forged-prescription prevention and detection, and training. An application must follow his form and rules; recipients must promise the remaining 20%. He must review grant work and report annually to Congress. Appropriations authorized are $6 million for fiscal year 1985 and $6 million for 1986.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1970Enacted · Pub. L. 91-513 · 84 Stat. 1271
  • 1980Amended · Pub. L. 96-359 · 94 Stat. 1194
  • 1984Amended · Pub. L. 98-473 · 98 Stat. 2074
  • 1986Amended · Pub. L. 99-570 · 100 Stat. 3207
  • 1986Amended · Pub. L. 99-646 · 100 Stat. 3620
  • 2010Amended · Pub. L. 111-211 · 124 Stat. 2278
  • 2018Amended · Pub. L. 115-271 · 132 Stat. 3953

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-513 on 1970-10-27.

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