dreamproit/uscode huggingface dataset:
21 U.S.C. § 884 (FOOD AND DRUGS)
§ 884. Immunity and privilege
(a) Refusal to testify
Whenever a witness refuses, on the basis of his privilege against self-incrimination, to testify or provide other information in a proceeding before a court or grand jury of the United States, involving a violation of this subchapter, and the person presiding over the proceeding communicates to the witness an order issued under this section, the witness may not refuse to comply with the order on the basis of his privilege against self-incrimination. But no testimony or other information compelled under the order issued under subsection (b) of this section or any information obtained by the exploitation of such testimony or other information, may be used against the witness in any criminal case, including any criminal case brought in a court of a State, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order.
(b) Order of United States district court
In the case of any individual who has been or may be called to testify or provide other information at any proceeding before a court or grand jury of the United States, the United States district court for the judicial district in which the proceeding is or may be held shall issue, upon the request of the United States attorney for such district, an order requiring such individual to give any testimony or provide any other information which he refuses to give or provide on the basis of his privilege against self-incrimination.
(c) Request by United States attorney
A United States attorney may, with the approval of the Attorney General or the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General designated by the Attorney General, request an order under subsection (b) when in his judgment—
(1) the testimony or other information from such individual may be necessary to the public interest; and
(2) such individual has refused or is likely to refuse to testify or provide other information on the basis of his privilege against self-incrimination.
(Pub. L. 91–513, title II, § 514, Oct. 27, 1970, 84 Stat. 1278; Pub. L. 100–690, title VII, § 7020(f), Nov. 18, 1988, 102 Stat. 4396.)
heading: Amendments
text: 1988—Subsec. (c). Pub. L. 100–690 inserted reference to Associate Attorney General.
21 U.S.C. § 887 (FOOD AND DRUGS)
§ 887. Coordination and consolidation of post-seizure administration
The Attorney General and the Secretary of the Treasury shall take such action as may be necessary to develop and maintain a joint plan to coordinate and consolidate post-seizure administration of property seized under this subchapter, subchapter II, or provisions of the customs laws relating to controlled substances.
(Pub. L. 91–513, title II, § 517, as added Pub. L. 100–690, title VI, § 6078(a), Nov. 18, 1988, 102 Stat. 4325.)
21 U.S.C. § 965 (FOOD AND DRUGS)
§ 965. Applicability of part E of subchapter I
Part E of subchapter I shall apply with respect to functions of the Attorney General (and of officers and employees of the Bureau of Narcotics and Dangerous Drugs) under this subchapter, to administrative and judicial proceedings under this subchapter, and to violations of this subchapter, to the same extent that such part applies to functions of the Attorney General (and such officers and employees) under subchapter I, to such proceedings under subchapter I, and to violations of subchapter I. For purposes of the application of this section to section 880 or 881 of this title, any reference in such section 880 or 881 of this title to “this subchapter” shall be deemed to be a reference to this subchapter, any reference to section 823 of this title shall be deemed to be a reference to section 958 of this title, and any reference to section 822(d) of this title shall be deemed to be a reference to section 957(b)(2) of this title.
(Pub. L. 91–513, title III, § 1015, Oct. 27, 1970, 84 Stat. 1291; Pub. L. 95–633, title III, § 301(b), Nov. 10, 1978, 92 Stat. 3778.)
heading: Amendments
text: 1978—Pub. L. 95–633 inserted “or 881” after “880” wherever appearing.
heading: Transfer of Functions
text: For abolition of Bureau of Narcotics and Dangerous Drugs, including Office of Director thereof, and creation of a single comprehensive agency for enforcement of drug laws by Reorg. Plan No. 2 of 1973, eff. July 1, 1973, 38 F.R. 15932, 87 Stat. 1091, see note set out under section 881 of this title.
21 U.S.C. § 1181 (FOOD AND DRUGS)
§ 1181. Contract authority
The authority of the Secretary to enter into contracts under this subchapter and subchapter V shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance by appropriation Acts.
(Pub. L. 92–255, title IV, § 414, as added Pub. L. 96–181, § 9(a), Jan. 2, 1980, 93 Stat. 1314.)
heading: References in Text
text: Subchapter V, referred to in text, consisted of sections 501 to 504 of title V of Pub. L. 92–255, Mar. 21, 1972, 86 Stat. 85, which were classified to sections 1191 to 1194 of this title, respectively. Sections 501 to 503 were made part of the Public Health Service Act by Pub. L. 98–24, § 2(b)(4), (11), (15), Apr. 26, 1983, 97 Stat. 177, 180, 181, and were transferred to former sections 290aa–2, 290ee, and 290cc, respectively, of Title 42, The Public Health and Welfare. Section 290aa–2 of Title 42 was repealed by Pub. L. 102–321, § 101(b). Section 290cc of Title 42 was repealed by Pub. L. 102–321, § 123(c). Section 290ee of Title 42 was omitted in the general revision of part D of subchapter III–A of chapter 6A of Title 42 by Pub. L. 102–321. Section 1194 of this title was repealed by Pub. L. 98–24, § 2(c)(2).
21 U.S.C. § 1505a (FOOD AND DRUGS)
§ 1505a. Annual report on development and deployment of narcotics detection technologies
(a) Report requirement
Not later than December 1st of each year, the Director of the Office of National Drug Control Policy shall submit to Congress and the President a report on the development and deployment of narcotics detection technologies by Federal agencies. Each such report shall be prepared in consultation with the Secretary of Defense, the Secretary of State, the Secretary of Homeland Security, and the Secretary of the Treasury.
(b) Matters to be included
Each report under subsection (a) shall include—
(1) a description of each project implemented by a Federal agency relating to the development or deployment of narcotics detection technology;
(2) the agency responsible for each project described in paragraph (1);
(3) the amount of funds obligated or expended to carry out each project described in paragraph (1) during the fiscal year in which the report is submitted or during any fiscal year preceding the fiscal year in which the report is submitted;
(4) the amount of funds estimated to be obligated or expended for each project described in paragraph (1) during any fiscal year after the fiscal year in which the report is submitted to Congress; and
(5) a detailed timeline for implementation of each project described in paragraph (1).
(Pub. L. 105–85, div. A, title X, § 1034, Nov. 18, 1997, 111 Stat. 1884; Pub. L. 107–296, title XVII, § 1704(e)(10), Nov. 25, 2002, 116 Stat. 2315.)
heading: Codification
text: Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1998, and not as part of the National Narcotics Leadership Act of 1988 which comprises this chapter.
heading: Amendments
text: 2002—Subsec. (a). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.
heading: Effective Date of 2002 Amendment
text: Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.
21 U.S.C. § 1542 (FOOD AND DRUGS)
§ 1542. Duties
(a) In general
The Advisory Commission—
(1) shall, not later than 30 days after its first meeting, make recommendations to the Director regarding the selection of an Administrator;
(2) may make recommendations to the Director regarding any grant, contract, or cooperative agreement made by the Program;
(3) may make recommendations to the Director regarding the activities of the Program;
(4) may make recommendations to the Director regarding any policy or criteria established by the Director to carry out the Program;
(5) may—
(A) collect, by correspondence or by personal investigation, information concerning initiatives, studies, services, programs, or other activities of coalitions or organizations working in the field of substance abuse in the United States or any other country; and
(B) with the approval of the Director, make the information referred to in subparagraph (A) available through appropriate publications or other methods for the benefit of eligible coalitions and the general public; and
(6) may appoint subcommittees and convene workshops and conferences.
(b) Recommendations
If the Director rejects any recommendation of the Advisory Commission under subsection (a)(1), the Director shall notify the Advisory Commission in writing of the reasons for the rejection not later than 15 days after receiving the recommendation.
(c) Conflict of interest
A member of the Advisory Commission shall recuse himself or herself from any decision that would constitute a conflict of interest.
(Pub. L. 100–690, title I, § 1042, as added Pub. L. 105–20, § 2(a)(2), June 27, 1997, 111 Stat. 231.)
21 U.S.C. § 1545 (FOOD AND DRUGS)
§ 1545. Terms of office
(a) In general
Subject to subsection (b), the term of office of a member of the Advisory Commission shall be 3 years, except that, as designated at the time of appointment—
(1) of the initial members appointed under section 1543(a)(1) of this title, two shall be appointed for a term of 2 years;
(2) of the initial members appointed under section 1543(a)(2) of this title, two shall be appointed for a term of 2 years; and
(3) of the initial members appointed under section 1543(a)(3) of this title, one shall be appointed for a term of 1 year.
(b) Vacancies
Any member appointed to fill a vacancy for an unexpired term of a member shall serve for the remainder of the unexpired term. A member of the Advisory Commission may serve after the expiration of such member’s term until a successor has been appointed and taken office.
(Pub. L. 100–690, title I, § 1045, as added Pub. L. 105–20, § 2(a)(2), June 27, 1997, 111 Stat. 233.)
21 U.S.C. § 1606 (FOOD AND DRUGS)
§ 1606. Subsequent impleader of dismissed biomaterials supplier
(a) Impleading of dismissed defendant
A court, upon motion by a manufacturer or a claimant within 90 days after entry of a final judgment in an action by the claimant against a manufacturer, and notwithstanding any otherwise applicable statute of limitations, may implead a biomaterials supplier who has been dismissed from the action pursuant to this chapter if—
(1) the manufacturer has made an assertion, either in a motion or other pleading filed with the court or in an opening or closing statement at trial, or as part of a claim for contribution or indemnification, and the court finds based on the court’s independent review of the evidence contained in the record of the action, that under applicable law—
(A) the negligence or intentionally tortious conduct of the dismissed supplier was an actual and proximate cause of the harm to the claimant; and
(B) the manufacturer’s liability for damages should be reduced in whole or in part because of such negligence or intentionally tortious conduct; or
(2) the claimant has moved to implead the supplier and the court finds, based on the court’s independent review of the evidence contained in the record of the action, that under applicable law—
(A) the negligence or intentionally tortious conduct of the dismissed supplier was an actual and proximate cause of the harm to the claimant; and
(B) the claimant is unlikely to be able to recover the full amount of its damages from the remaining defendants.
(b) Standard of liability
Notwithstanding any preliminary finding under subsection (a), a biomaterials supplier who has been impleaded into an action covered by this chapter, as provided for in this section—
(1) may, prior to entry of judgment on the claim against it, supplement the record of the proceeding that was developed prior to the grant of the motion for impleader under subsection (a); and
(2) may be found liable to a manufacturer or a claimant only to the extent required and permitted by any applicable State or Federal law other than this chapter.
(c) Discovery
Nothing in this section shall give a claimant or any other party the right to obtain discovery from a biomaterials supplier at any time prior to grant of a motion for impleader beyond that allowed under section 1605 of this title.
(Pub. L. 105–230, § 7, Aug. 13, 1998, 112 Stat. 1528.)
21 U.S.C. § 1712 (FOOD AND DRUGS)
§ 1712. Termination of Office of National Drug Control Policy
(a) In general
Except as provided in subsection (b), effective on September 30, 2010, this chapter and the amendments made to this chapter are repealed.
(b) Exception
Subsection (a) does not apply to section 713 or the amendments made by that section.
(Pub. L. 105–277, div. C, title VII, § 715, Oct. 21, 1998, 112 Stat. 2681–693; Pub. L. 109–469, title VI, § 602, Dec. 29, 2006, 120 Stat. 3533.)
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this title”, meaning title VII of Pub. L. 105–277, div. C, Oct. 21, 1998, 112 Stat. 2681–670, which is classified principally to this chapter. For complete classification of title VII to the Code, see Short Title note set out under section 1701 of this title and Tables.
Section 713, referred to in subsec. (b), is section 713 of Pub. L. 105–277, div. C, title VII, Oct. 21, 1998, 112 Stat. 2681–693, which amended sections 5312 to 5314 of Title 5, Government Organization and Employees, section 1105 of Title 31, Money and Finance, and section 3021 of Title 50, War and National Defense.
heading: Codification
text: The repeal of this chapter and of the amendments made by this chapter, effective Sept. 30, 2003, by this section, as in effect on Sept. 30, 2003, was not given effect in the Code, to reflect the probable intent of Congress, because of the amendment to this section by Pub. L. 109–469, enacted Dec. 29, 2006, which substituted “September 30, 2010” for “September 30, 2003” as the effective date of the repeal. See 2006 Amendment note below.
heading: Amendments
text: 2006—Pub. L. 109–469 substituted “September 30, 2010, this chapter and the amendments made to this chapter” for “September 30, 2003, this chapter and the amendments made by this chapter”.
21 U.S.C. § 1901 (FOOD AND DRUGS)
§ 1901. Findings and policy
(a) Findings
Congress makes the following findings:
(1) Presidential Decision Directive 42, issued on October 21, 1995, ordered agencies of the executive branch of the United States Government to, inter alia, increase the priority and resources devoted to the direct and immediate threat international crime presents to national security, work more closely with other governments to develop a global response to this threat, and use aggressively and creatively all legal means available to combat international crime.
(2) Executive Order No. 12978 of October 21, 1995, provides for the use of the authorities in the International Emergency Economic Powers Act (IEEPA) (50 U.S.C. 1701 et seq.) to target and apply sanctions to four international narcotics traffickers and their organizations that operate from Colombia.
(3) IEEPA was successfully applied to international narcotics traffickers in Colombia and based on that successful case study, Congress believes similar authorities should be applied worldwide.
(4) There is a national emergency resulting from the activities of international narcotics traffickers and their organizations that threatens the national security, foreign policy, and economy of the United States.
(b) Policy
It shall be the policy of the United States to apply economic and other financial sanctions to significant foreign narcotics traffickers and their organizations worldwide to protect the national security, foreign policy, and economy of the United States from the threat described in subsection (a)(4).
(Pub. L. 106–120, title VIII, § 802, Dec. 3, 1999, 113 Stat. 1626.)
heading: References in Text
text: Executive Order No. 12978, referred to in subsec. (a)(2), is Ex. Ord. No. 12978, Oct. 21, 1995, 60 F.R. 54579, which is listed in a table under section 1701 of Title 50, War and National Defense.
The International Emergency Economic Powers Act, referred to in subsec. (a)(2), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, as amended, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables.
heading: Effective Date
text: Pub. L. 106–120, title VIII, § 811, Dec. 3, 1999, 113 Stat. 1636, provided that: “This title [see Short Title note set out below] shall take effect on the date of the enactment of this Act [Dec. 3, 1999].”
heading: Short Title
text: Pub. L. 106–120, title VIII, § 801, Dec. 3, 1999, 113 Stat. 1626, provided that: “This title [enacting this chapter and amending section 1182 of Title 8, Aliens and Nationality] may be cited as the ‘Foreign Narcotics Kingpin Designation Act’.”
21 U.S.C. § 1905 (FOOD AND DRUGS)
§ 1905. Authorities
(a) In general
To carry out the purposes of this chapter, the Secretary of the Treasury may, under such regulations as he may prescribe, by means of instructions, licenses, or otherwise—
(1) investigate, regulate, or prohibit—
(A) any transactions in foreign exchange, currency, or securities; and
(B) transfers of credit or payments between, by, through, or to any banking institution, to the extent that such transfers or payments involve any interests of any foreign country or a national thereof; and
(2) investigate, block during the pendency of an investigation, regulate, direct and compel, nullify, void, prevent, or prohibit any acquisition, holding, withholding, use, transfer, withdrawal, transportation, placement into foreign or domestic commerce of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any interest,
by any person, or with respect to any property, subject to the jurisdiction of the United States.
(b) Recordkeeping
Pursuant to subsection (a), the Secretary of the Treasury may require recordkeeping, reporting, and production of documents to carry out the purposes of this chapter.
(c) Defenses
(1) Full and actual compliance with any regulation, order, license, instruction, or direction issued under this chapter shall be a defense in any proceeding alleging a violation of any of the provisions of this chapter.
(2) No person shall be held liable in any court for or with respect to anything done or omitted in good faith in connection with the administration of, or pursuant to, and in reliance on this chapter, or any regulation, instruction, or direction issued under this chapter.
(d) Rulemaking
The Secretary of the Treasury may issue such other regulations or orders, including regulations prescribing recordkeeping, reporting, and production of documents, definitions, licenses, instructions, or directions, as may be necessary for the exercise of the authorities granted by this chapter.
(Pub. L. 106–120, title VIII, § 806, Dec. 3, 1999, 113 Stat. 1631.)
21 U.S.C. § 1906 (FOOD AND DRUGS)
§ 1906. Enforcement
(a) Criminal penalties
(1) Whoever willfully violates the provisions of this chapter, or any license rule, or regulation issued pursuant to this chapter, or willfully neglects or refuses to comply with any order of the President issued under this chapter shall be—
(A) imprisoned for not more than 10 years,
(B) fined in the amount provided in title 18 or, in the case of an entity, fined not more than $10,000,000,
or both.
(2) Any officer, director, or agent of any entity who knowingly participates in a violation of the provisions of this chapter shall be imprisoned for not more than 30 years, fined not more than $5,000,000, or both.
(b) Civil penalties
A civil penalty not to exceed $1,000,000 may be imposed by the Secretary of the Treasury on any person who violates any license, order, rule, or regulation issued in compliance with the provisions of this chapter.
(c) Judicial review of civil penalty
Any penalty imposed under subsection (b) shall be subject to judicial review only to the extent provided in section 702 of title 5.
(Pub. L. 106–120, title VIII, § 807, Dec. 3, 1999, 113 Stat. 1631.)
42 U.S.C. § 3030f (THE PUBLIC HEALTH AND WELFARE)
§ 3030f. Program authorized
The Assistant Secretary shall establish and carry out a program to make grants to States under State plans approved under section 3027 of this title for the establishment and operation of nutrition projects for older individuals that provide—
(1) on 5 or more days a week (except in a rural area where such frequency is not feasible (as defined by the Assistant Secretary by rule) and a lesser frequency is approved by the State agency) at least 1 home delivered meal per day, which may consist of hot, cold, frozen, dried, canned, or fresh foods and, as appropriate, supplemental foods, and any additional meals that the recipient of a grant or contract under this subpart elects to provide; and
(2) nutrition education, nutrition counseling, and other nutrition services, as appropriate, based on the needs of meal recipients.
(Pub. L. 89–73, title III, § 336, as added Pub. L. 95–478, title I, § 103(b), Oct. 18, 1978, 92 Stat. 1536; amended Pub. L. 102–375, title III, § 314, Sept. 30, 1992, 106 Stat. 1238; Pub. L. 103–171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990; Pub. L. 109–365, title III, § 314, Oct. 17, 2006, 120 Stat. 2548; Pub. L. 114–144, § 4(h), Apr. 19, 2016, 130 Stat. 339.)
heading: Amendments
text: 2016—Par. (1). Pub. L. 114–144 substituted “canned, or fresh foods and, as appropriate, supplemental foods, and any additional meals” for “canned, fresh, or supplemental foods and any additional meals”.
2006—Pub. L. 109–365 amended section generally. Prior to amendment, text read as follows: “The Assistant Secretary shall carry out a program for making grants to States under State plans approved under section 3027 of this title for the establishment and operation of nutrition projects for older individuals which, 5 or more days a week (except in a rural area where such frequency is not feasible (as defined by the Assistant Secretary by regulation) and a lesser frequency is approved by the State agency), provide at least one home delivered hot, cold, frozen, dried, canned, or supplemental foods (with a satisfactory storage life) meal per day and any additional meals which the recipient of a grant or contract under this subpart may elect to provide.”
1993—Pub. L. 103–171 substituted “Assistant Secretary” for “Commissioner” in two places.
1992—Pub. L. 102–375 inserted “(except in a rural area where such frequency is not feasible (as defined by the Commissioner by regulation) and a lesser frequency is approved by the State agency)” after “week” and struck out before period at end “, each of which assures a minimum of one-third of the daily recommended dietary allowances as established by the Food and Nutrition Board of the National Academy of Sciences-National Research Council”.
heading: Effective Date
text: Subpart effective at close of Sept. 30, 1978, see section 504 of Pub. L. 95–478, set out as an Effective Date of 1978 Amendment note under section 3001 of this title.