
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC872]

 
                        TITLE 21--FOOD AND DRUGS
 
              CHAPTER 13--DRUG ABUSE PREVENTION AND CONTROL
 
                  SUBCHAPTER I--CONTROL AND ENFORCEMENT
 
            Part E--Administrative and Enforcement Provisions
 
Sec. 872. Education and research programs of Attorney General


(a) Authorization

    The Attorney General is authorized to carry out educational and 
research programs directly related to enforcement of the laws under his 
jurisdiction 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 enforcement for local, State, and Federal 
    personnel;
        (2) studies or special projects designed to compare the 
    deterrent effects of various enforcement strategies on drug use and 
    abuse;
        (3) studies or special projects designed to assess 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 information necessary 
    to carry out his functions under section 811 of this title.

(b) Contracts

    The Attorney General may enter into contracts for such educational 
and research activities without performance bonds and without regard to 
section 5 of title 41.

(c) Identification of research populations; authorization 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, 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 Substances, or other treaties or international 
agreements shall be construed to limit, modify, or prevent the 
protection of the confidentiality of patient records or of the names and 
other identifying characteristics of research subjects as provided by 
any Federal, State, or local law or regulation.

(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 research. Persons who obtain 
this authorization shall be exempt from State or Federal prosecution for 
possession, distribution, and dispensing of controlled substances to the 
extent authorized by the Attorney General.

(f) Program to curtail diversion of precursor and essential chemicals

    The Attorney General shall maintain an active program, both domestic 
and international, to curtail the diversion of precursor chemicals and 
essential chemicals used in the illicit manufacture of controlled 
substances.

(Pub. L. 91-513, title II, Sec. 502, Oct. 27, 1970, 84 Stat. 1271; Pub. 
L. 95-633, title I, Sec. 108(a), Nov. 10, 1978, 92 Stat. 3773; Pub. L. 
100-690, title VI, Sec. 6060, Nov. 18, 1988, 102 Stat. 4320.)


                               Amendments

    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).


                    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.


  Training for Drug Enforcement Administration and State and Local Law 
       Enforcement Personnel Relating to Clandestine Laboratories

    Pub. L. 106-310, div. B, title XXXVI, Sec. 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 programs 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 future.
        ``(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 trafficking of amphetamine and methamphetamine.
        ``(2) Basic clandestine laboratory certification training.--A 
    program of basic clandestine laboratory certification training, 
    which shall provide information and training--
            ``(A) to Drug Enforcement Administration personnel and State 
        and local law enforcement personnel 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 subparagraph (A) to other State and 
        local law enforcement personnel.
        ``(3) Clandestine laboratory recertification and awareness 
    training.--A program of clandestine laboratory recertification and 
    awareness training, which shall provide information and training to 
    State and local law enforcement personnel for purposes of enabling 
    such personnel to provide recertification and awareness training 
    relating to clandestine laboratories 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, Sec. 4, Oct. 13, 1996, 110 Stat. 3809, provided 
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 assaults; and
        ``(2) disseminate those materials to police departments 
    throughout the United States.''


    Study and Report on Measures To Prevent Sales of Agents Used in 
                       Methamphetamine Production

    Pub. L. 104-237, title II, Sec. 202, Oct. 3, 1996, 110 Stat. 3101, 
provided that:
    ``(a) Study.--The Attorney General of the United States shall 
conduct a study on possible measures to effectively prevent the 
diversion of red phosphorous, iodine, hydrochloric gas, and other agents 
for use in the production of methamphetamine. Nothing in this section 
shall preclude the Attorney General from taking any action the Attorney 
General already is authorized to take with regard to the regulation of 
listed chemicals under current law.
    ``(b) Report.--Not later than January 1, 1998, the Attorney General 
shall submit a report to the Congress of its findings pursuant to the 
study conducted under subsection (a) on the need for and advisability of 
preventive measures.
    ``(c) Considerations.--In developing recommendations under 
subsection (b), the Attorney General shall consider--
        ``(1) the use of red phosphorous, iodine, hydrochloric gas, and 
    other agents in the illegal manufacture of methamphetamine;
        ``(2) the use of red phosphorous, iodine, hydrochloric gas, and 
    other agents for legitimate, legal purposes, and the impact any 
    regulations may have on these legitimate purposes; and
        ``(3) comments and recommendations from law enforcement, 
    manufacturers of such chemicals, and the consumers of such chemicals 
    for legitimate, legal purposes.''
