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22 U.S.C. § 2291j–1 — International drug control certification procedures
Federal law — U.S. Code and appendices · legal_authorities
During any fiscal year, funds that would otherwise be withheld from obligation or expenditure under [section 2291j of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2291j&num=0&edition=prelim) may be obligated or expended beginning October 1 of such fiscal year provided that:
(1) **Report** — Not later than September 15 of the previous fiscal year the President has submitted to the appropriate congressional committees a report identifying each country determined by the President to be a major drug transit country or major illicit drug producing country as defined in [section 2291(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2291/e&num=0&edition=prelim).
(2) **Designation and justification** — In each report under paragraph (1), the President shall—
(A) designate each country, if any, identified in such report that has failed demonstrably, during the previous 12 months, to make substantial efforts—
(i) to adhere to its obligations under international counternarcotics agreements; and
(ii) to take the counternarcotics measures set forth in [section 2291h(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2291h/a/1&num=0&edition=prelim);
(B) designate each country, if any, identified under [section 2291h(a)(10) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2291h/a/10&num=0&edition=prelim) that has failed to adopt and utilize scheduling procedures for illicit drugs that are comparable to the procedures authorized under title II 11 See References in Text note below. of the Controlled Substances Act ([21 U.S.C. 811](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title
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Source file: Laws/federal/codes/united-states-code/title-22/section-2291j1-international-drug-control-certification-procedures--3277bd25be.md
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Source location: Title 22, Chapter 32, § 2291j–1; chapter-032-foreign-assistance.md
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During any fiscal year, funds that would otherwise be withheld from obligation or expenditure under [section 2291j of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2291j&num=0&edition=prelim) may be obligated or expended beginning October 1 of such fiscal year provided that:
(1) **Report** — Not later than September 15 of the previous fiscal year the President has submitted to the appropriate congressional committees a report identifying each country determined by the President to be a major drug transit country or major illicit drug producing country as defined in [section 2291(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2291/e&num=0&edition=prelim).
(2) **Designation and justification** — In each report under paragraph (1), the President shall—
(A) designate each country, if any, identified in such report that has failed demonstrably, during the previous 12 months, to make substantial efforts—
(i) to adhere to its obligations under international counternarcotics agreements; and
(ii) to take the counternarcotics measures set forth in [section 2291h(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2291h/a/1&num=0&edition=prelim);
(B) designate each country, if any, identified under [section 2291h(a)(10) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2291h/a/10&num=0&edition=prelim) that has failed to adopt and utilize scheduling procedures for illicit drugs that are comparable to the procedures authorized under title II 11 See References in Text note below. of the Controlled Substances Act ([21 U.S.C. 811](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section811&num=0&edition=prelim) et seq.) for adding drugs and other substances to the controlled substances schedules;
(C) designate each country, if any, identified under [section 2291h(a)(10) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2291h/a/10&num=0&edition=prelim) that has not taken significant steps to prosecute individuals involved in the illicit manufacture or distribution of controlled substance analogues (as defined in section 102(32) of the Controlled Substances Act ([21 U.S.C. 802(32)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802/32&num=0&edition=prelim)) 22 So in original. Probably should be followed by a closing parenthesis.;
(D) include a justification for each country designated under subparagraph (A), (B), or (C).
(3) **Limitation on assistance for designated countries** — In the case of a country identified in a report under paragraph (1) that is designated in the report under paragraph (2)(A) or thrice designated during a 5-year period in the report under subparagraph (B) or (C) of paragraph (2), United States assistance may be provided to such country in the subsequent fiscal year only if the President determines and reports to the appropriate congressional committees that—
(A) provision of such assistance to the country in such fiscal year is vital to the national interests of the United States; or
(B) subsequent to the designation being made under paragraph (2)(A), the country has made substantial efforts—
(i) to adhere to its obligations under international counternarcotics agreements; and
(ii) to take the counternarcotics measures set forth in [section 2291h(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2291h/a/1&num=0&edition=prelim).
(4) **International counternarcotics agreement defined** — In this section, the term “international counternarcotics agreement” means—
(A) the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances; or
(B) any bilateral or multilateral agreement in force between the United States and another country or countries that addresses issues relating to the control of illicit drugs, such as—
(i) the production, distribution, and interdiction of illicit drugs;
(ii) demand reduction;
(iii) the activities of criminal organizations;
(iv) international legal cooperation among courts, prosecutors, and law enforcement agencies (including the exchange of information and evidence);
(v) the extradition of nationals and individuals involved in drug-related criminal activity;
(vi) the temporary transfer for prosecution of nationals and individuals involved in drug-related criminal activity;
(vii) border security;
(viii) money laundering;
(ix) illicit firearms trafficking;
(x) corruption;
(xi) control of precursor chemicals;
(xii) asset forfeiture; and
(xiii) related training and technical assistance,
and includes, where appropriate, timetables and objective and measurable standards to assess the progress made by participating countries with respect to such issues.
(5) **Application**
(A) Section 2291j(a) through (h) of this title shall not apply during any fiscal year with respect to any country identified in the report required by paragraph (1) of this section.
(B) Notwithstanding paragraphs (1) through (5)(A) of this section, the President may apply the procedures set forth in section 2291j(a) through (h) of this title during any fiscal year with respect to any country determined to be a major drug transit country or major illicit drug producing country as defined in [section 2291(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2291/e&num=0&edition=prelim).
(C) Notwithstanding paragraph (3), assistance to promote democracy (as described in [section 2291(e)(4)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2291/e/4/E&num=0&edition=prelim)) shall be provided to countries identified in a report under paragraph (1) and designated under subparagraph (B) or (C) of paragraph (2), to the extent such countries are otherwise eligible for such assistance, regardless of whether the President reports to the appropriate congressional committees in accordance with such paragraph.
(D) Notwithstanding paragraph (3), assistance to combat trafficking (as described in [section 2291(e)(4)(F) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2291/e/4/F&num=0&edition=prelim)) shall be provided to countries identified in a report under paragraph (1) and designated under subparagraph (B) or (C) of paragraph (2), to the extent such countries are otherwise eligible for such assistance, regardless of whether the President reports to the appropriate congressional committees in accordance with such paragraph.
(E) Notwithstanding paragraph (3), global health assistance (as described in [section 2291(e)(4)(G) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2291/e/4/G&num=0&edition=prelim)) shall be provided to countries identified in a report under paragraph (1) and designated under subparagraph (B) or (C) of paragraph (2), to the extent such countries are otherwise eligible for such assistance, regardless of whether the President reports to the appropriate congressional committees in accordance with such paragraph
(F) Nothing in this section shall affect the requirements of [section 2291j of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2291j&num=0&edition=prelim) with respect to countries identified pursuant to clause (i) or (ii) of [section 2291h(a)(8)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2291h/a/8/A&num=0&edition=prelim).
(6) **Statutory construction** — Nothing in this section supersedes or modifies the requirement in [section 2291h(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2291h/a&num=0&edition=prelim) (with respect to the International Narcotics Control Strategy Report) for the transmittal of a report not later than March 1, each fiscal year under that section.
(7) **Transition rule** — For funds obligated or expended under this section in fiscal year 2003, the date for submission of the report required by paragraph (1) of this section shall be at least 15 days before funds are obligated or expended.
(8) **Effective date** — This section shall take effect September 30, 2002, and shall remain in effect thereafter unless Congress enacts subsequent legislation repealing such section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Rules and regulations of Attorney General; hearing** The Attorney General shall apply the provisions of this subchapter to the controlled substances listed in the schedules established by [section 812 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section812&num=0&edition=prelim) and to any other drug or other substance added to such schedules under this subchapter. Except as provided in subsections (d) and (e), the Attorney General may by rule—
(1) add to such a schedule or transfer between such schedules any drug or other substance if he—
(A) finds that such drug or other substance has a potential for abuse, and
(B) makes with respect to such drug or other substance the findings prescribed by subsection (b) of [section 812 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section812&num=0&edition=prelim) for the schedule in which such drug is to be placed; or
(2) remove any drug or other substance from the schedules if he finds that the drug or other substance does not meet the requirements for inclusion in any schedule.
Rules of the Attorney General under this subsection shall be made on the record after opportunity for a hearing pursuant to the rulemaking procedures prescribed by subchapter II of chapter 5 of title 5. Proceedings for the issuance, amendment, or repeal of such rules may be initiated by the Attorney General (1) on his own motion, (2) at the request of the Secretary, or (3) on the petition of any interested party.
**(b) Evaluation of drugs and other substances** The Attorney General shall, before initiating proceedings under subsection (a) to control a drug or other substance or to remove a drug or other substance entirely from the schedules, and after gathering the n
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 811
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Federal law — U.S. Code and appendices · legal_authorities
The Congress makes the following findings and declarations:
(1) Many of the drugs included within this subchapter have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the American people.
(2) The illegal importation, manufacture, distribution, and possession and improper use of controlled substances have a substantial and detrimental effect on the health and general welfare of the American people.
(3) A major portion of the traffic in controlled substances flows through interstate and foreign commerce. Incidents of the traffic which are not an integral part of the interstate or foreign flow, such as manufacture, local distribution, and possession, nonetheless have a substantial and direct effect upon interstate commerce because—
(A) after manufacture, many controlled substances are transported in interstate commerce,
(B) controlled substances distributed locally usually have been transported in interstate commerce immediately before their distribution, and
(C) controlled substances possessed commonly flow through interstate commerce immediately prior to such possession.
(4) Local distribution and possession of controlled substances contribute to swelling the interstate traffic in such substances.
(5) Controlled substances manufactured and distributed intrastate cannot be differentiated from controlled substances manufactured and distributed interstate. Thus, it is not feasible to distinguish, in terms of controls, between controlled substances manufactured and distributed interstate and controlled substances manufactured and distributed intrastate.
(6) Federal control of the intrastate incidents of the traffic in controlled substances is essential to the effective control of the interstate incidents
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 801
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Policy and general authorities**
(1) **Statements of policy**
(A) International narcotics trafficking poses an unparalleled transnational threat in today’s world, and its suppression is among the most important foreign policy objectives of the United States.
(B) Under the Single Convention on Narcotic Drugs, 1961, and under the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, the parties are required to criminalize certain drug-related activities, provide appropriately severe penalties, and cooperate in the extradition of accused offenders.
(C) International narcotics control programs should include, as priority goals, the suppression of the illicit manufacture of and trafficking in narcotic and psychotropic drugs, money laundering, and precursor chemical diversion, and the progressive elimination of the illicit cultivation of the crops from which narcotic and psychotropic drugs are derived.
(D) International criminal activities, particularly international narcotics trafficking, money laundering, and corruption, endanger political and economic stability and democratic development, and assistance for the prevention and suppression of international criminal activities should be a priority for the United States.
(E) The international community should provide assistance, where appropriate, to those producer and transit countries which require assistance in discharging these primary obligations.
(F) The objective of the United States in dealing with the problem of international money laundering is to ensure that countries adopt comprehensive domestic measures against money laundering and cooperate with each other in narcotics money laundering investigations, prosecutions, and related forfeiture actions.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2291
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Federal law — U.S. Code and appendices · legal_authorities
There shall be at the seat of government an executive department to be known as the “Department of State”, and a Secretary of State, who shall be the head thereof.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2651
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Withholding of bilateral assistance and opposition to multilateral development assistance**
(1) **Bilateral assistance** — Fifty percent of the United States assistance allocated each fiscal year in the report required by [section 2413 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2413&num=0&edition=prelim) for each major illicit drug producing country, major drug-transit country, or country identified pursuant to clause (i) or (ii) of [section 2291h(a)(8)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2291h/a/8/A&num=0&edition=prelim) shall be withheld from obligation and expenditure, except as provided in subsection (b). This paragraph shall not apply with respect to a country if the President determines that its application to that country would be contrary to the national interest of the United States, except that any such determination shall not take effect until at least 15 days after the President submits written notification of that determination to the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under [section 2394–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2394-1&num=0&edition=prelim).
(2) **Multilateral assistance** — The Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank to vote, on and after March 1 of each year, against any loan or other utilization of the funds of their respective institution to or for any major illicit drug producing country or major drug-transit country (as determined under subsection (h)) or country identified pursuant to clause (i) or (ii) of [section 2291
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2291j
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Appointment**
(1) **In general**
(A) *Director*
(i) *In general* — There shall be at the head of the Office a Director who shall hold the same rank and status as the head of an executive department listed in [section 101 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section101&num=0&edition=prelim).
(ii) *Appointment* — The Director shall be appointed by the President, by and with the advice and consent of the Senate, and shall serve at the pleasure of the President.
(B) *Deputy Director* — There shall be a Deputy Director who shall report directly to the Director, and who shall be appointed by the President, and shall serve at the pleasure of the President.
(C) *Coordinators* — The following coordinators shall be appointed by the Director:
(i) Performance Budget Coordinator, as described in subsection (c)(5).
(ii) Interdiction Coordinator, as described in [section 1710 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section1710&num=0&edition=prelim).
(iii) Emerging and Continuing Threats Coordinator, as described in [section 1708 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section1708&num=0&edition=prelim).
(iv) State, Local, and Tribal Affairs Coordinator, to carry out the activities described in subsection (j).
(v) Demand Reduction Coordinator, as described in subparagraph (D).
(D) *Demand Reduction Coordinator* — The Director shall designate or appoint a United States Demand Reduction Coordinator to be responsible for the activities described in [section 1701(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section1701/3&num=0&edition=prelim). For purposes of carrying
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 1703
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter:
(1) The term “addict” means any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as to have lost the power of self-control with reference to his addiction.
(2) The term “administer” refers to the direct application of a controlled substance to the body of a patient or research subject by—
(A) a practitioner (or, in his presence, by his authorized agent), or
(B) the patient or research subject at the direction and in the presence of the practitioner,
whether such application be by injection, inhalation, ingestion, or any other means.
(3) The term “agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser; except that such term does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman, when acting in the usual and lawful course of the carrier’s or warehouseman’s business.
(4) The term “Drug Enforcement Administration” means the Drug Enforcement Administration in the Department of Justice.
(5) The term “control” means to add a drug or other substance, or immediate precursor, to a schedule under part B of this subchapter, whether by transfer from another schedule or otherwise.
(6) The term “controlled substance” means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1986.
(7) The term “counterfeit substance” means a controlled substance which, or the container or labelin
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 802
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Federal law — U.S. Code and appendices · legal_authorities
Page 782
TITLE 21—FOOD AND DRUGS
§ 801a
ing it into counterfeit opioid pills. Because fentanyl is
lethal in even miniscule doses, this is an extremely
deadly tactic, as it too often causes users to ingest a
fatal amount unknowingly.
SEC. 2. Agency Action. The Secretary of Health and
Human Services shall, consistent with section 319 of
the Public Health Service Act, 42 U.S.C. 247d, consider
declaring that the drug demand and opioid crisis de-
scribed in section 1 of this memorandum constitutes a
Public Health Emergency. Additionally, the heads of
executive departments and agencies, as appropriate and
consistent with law, shall exercise all appropriate
emergency authorities, as well as other relevant au-
thorities, to reduce the number of deaths and minimize
the devastation the drug demand and opioid crisis in-
flicts upon American communities.
SEC. 3. General Provisions. (a) Nothing in this memo-
randum shall be construed to impair or otherwise af-
fect:
(i) the authority granted by law to an executive de-
partment or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Man-
agement and Budget relating to budgetary, administra-
tive, or legislative proposals.
(b) This memorandum shall be implemented con-
sistent with applicable law and subject to the avail-
ability of appropriations.
(c) This memorandum is not intended to, and does
not, create any right or benefit, substantive or proce-
dural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other
person.
(d) The Secretary of Health and Human Services is
hereby authorized and directed to publish this memo-
randum in the Federal Register.
DONALD J. TRUMP.
§ 801a
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 802
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Federal law — U.S. Code and appendices · legal_authorities
Page 794
TITLE 21—FOOD AND DRUGS
§ 803
listed chemicals (as defined in section 102(45) of such
Act [21 U.S.C. 802(45)]).’’
REPORT
ON
DIVERSION
OF
ORDINARY,
OVER-THE-
COUNTER PSEUDOEPHEDRINE
AND PHENYLPROPANOLA-
MINE PRODUCTS
Pub. L. 106–310, div. B, title XXXVI, § 3642, Oct. 17,
2000, 114 Stat. 1237, provided that:
‘‘(a) STUDY.—The Attorney General shall conduct a
study
of
the
use
of
ordinary,
over-the-counter
pseudoephedrine and phenylpropanolamine products in
the clandestine production of illicit drugs. Sources of
data for the study shall include the following:
‘‘(1) Information from Federal, State, and local
clandestine laboratory seizures and related investiga-
tions identifying the source, type, or brand of drug
products being utilized and how they were obtained
for the illicit production of methamphetamine and
amphetamine.
‘‘(2) Information submitted voluntarily from the
pharmaceutical and retail industries involved in the
manufacture, distribution, and sale of drug products
containing ephedrine, pseudoephedrine, and phenyl-
propanolamine, including information on changes in
the pattern, volume, or both, of sales of ordinary,
over-the-counter
pseudoephedrine
and
phenyl-
propanolamine products.
‘‘(b) REPORT.—
‘‘(1) REQUIREMENT.—Not later than 1 year after the
date of the enactment of this Act [Oct. 17, 2000], the
Attorney General shall submit to Congress a report
on the study conducted under subsection (a).
‘‘(2) ELEMENTS.—The report shall include—
‘‘(A) the findings of the Attorney General as a re-
sult of the study; and
‘‘(B) such recommendations on the need to estab-
lish additional measures to prevent diversion of or-
dinary, over-the-counter pseudoephedrine and phen-
ylpropanolamine (such as a threshold on ordinary,
over-the
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 811
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