21 U.S.C. § 2302 — Definitions

Page 1022 TITLE 21—FOOD AND DRUGS § 2301 Modernization Act, which enacted this chapter and sec- tions 350g to 350l–1, 379j–31, 384a to 384d, 399c, and 399d of this title, section 7625 of Title 7, Agriculture, and section 280g–16 of Title 42, The Public Health and Wel- fare, amended sections 331, 333, 334, 350b to 350d, 350f, 374, 381, 393, and 399 of this title and section 247b–20 of Title 42, and enacted provisions set out as notes under sections 331, 334, 342, 350b, 350d, 350e, 350g to 350j, 350l, and 381 of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2201 of this title and Tables. CHAPTER 28—SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT SYNTHETIC OPIOIDS Sec. 2301. Sense of Congress. 2302. Definitions. SUBCHAPTER I—SANCTIONS WITH RESPECT TO FOREIGN OPIOID TRAFFICKERS 2311. Identification of foreign opioid traffickers. 2312. Imposition of sanctions. 2313. Description of sanctions. 2313a. Designation of transactions of sanctioned persons as of primary money laundering concern. 2314. Waivers. 2315. Procedures for judicial review of classified in- formation. 2316. Briefings on implementation. SUBCHAPTER II—OTHER MATTERS 2331. Director of National Intelligence program on use of intelligence resources in efforts to sanction foreign opioid traffickers. 2332. Authorization of appropriations. 2333. Regulatory authority. 2334. Termination. 2335. Exception relating to importation of goods. TERMINATION OF CHAPTER For termination of chapter 7 years after Dec. 20, 2019, see section 2334 of this title. § 2301. Sense of Congress It is the sense of Congress that— (1) the United States should apply economic and other financial sanctions to foreign traf- fickers of illicit opioids to protect the na- tional security, foreign policy, and economy of the United States and the health of the people of the United States; (2) it is imperative that the People’s Repub- lic of China follow through on full implemen- tation of the new regulations, adopted May 1, 2019, to treat all fentanyl analogues as con- trolled substances under the laws of the Peo- ple’s Republic of China, including by devoting sufficient resources for implementation and strict enforcement of the new regulations; and (3) the effective enforcement of the new reg- ulations should result in diminished traf- ficking of illicit fentanyl originating from the People’s Republic of China into the United States. (Pub. L. 116–92, div. F, title LXXII, § 7202, Dec. 20, 2019, 133 Stat. 2262.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 116–92, div. F, title LXXII, § 7201, Dec. 20, 2019, 133 Stat. 2262, provided that: ‘‘This title [enacting this chapter and amending section 2291h of Title 22, Foreign Relations and Intercourse] may be cited as the ‘Fentanyl Sanctions Act’.’’ § 2302. Definitions In this chapter: (1) Alien; national; national of the United States The terms ‘‘alien’’, ‘‘national’’, and ‘‘na- tional of the United States’’ have the mean- ings given those terms in section 1101 of title 8. (2) Appropriate congressional committees and leadership The term ‘‘appropriate congressional com- mittees and leadership’’ means— (A) the Committee on Appropriations, the Committee on Armed Services, the Com- mittee on Banking, Housing, and Urban Af- fairs, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Select Committee on Intel- ligence, and the majority leader and the mi- nority leader of the Senate; and (B) the Committee on Appropriations, the Committee on Armed Services, the Com- mittee on Financial Services, the Com- mittee on Foreign Affairs, the Committee on Homeland Security, the Committee on the Judiciary, the Committee on Oversight and Reform, the Permanent Select Committee on Intelligence, and the Speaker and the mi- nority leader of the House of Representa- tives. (3) Controlled substance; listed chemical The terms ‘‘controlled substance’’, ‘‘listed chemical’’, ‘‘narcotic drug’’, and ‘‘opioid’’ have the meanings given those terms in section 802 of this title. (4) Entity The term ‘‘entity’’ means a partnership, joint venture, association, corporation, orga- nization, network, group, or subgroup, or any form of business collaboration. (5) Foreign opioid trafficker The term ‘‘foreign opioid trafficker’’ means any foreign person that the President deter- mines plays a significant role in opioid traf- ficking. (6) Foreign person The term ‘‘foreign person’’— (A) means— (i) any citizen or national of a foreign country; or (ii) any entity not organized under the laws of the United States or a jurisdiction within the United States; and (B) does not include the government of a foreign country. (7) Knowingly The term ‘‘knowingly’’, with respect to con- duct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. Page 1023 TITLE 21—FOOD AND DRUGS § 2311 (8) Opioid trafficking The term ‘‘opioid trafficking’’ means any il- licit activity— (A) to produce, manufacture, distribute, sell, or knowingly finance or transport— (i) synthetic opioids, including con- trolled substances that are synthetic opioids and listed chemicals that are syn- thetic opioids; or (ii) active pharmaceutical ingredients or chemicals that are used in the production of controlled substances that are synthetic opioids; (B) to attempt to carry out an activity de- scribed in subparagraph (A); or (C) to assist, abet, conspire, or collude with other persons to carry out such an ac- tivity. (9) Person The term ‘‘person’’ means an individual or entity. (10) United States person The term ‘‘United States person’’ means— (A) any citizen or national of the United States; (B) any alien lawfully admitted for perma- nent residence in the United States; (C) any entity organized under the laws of the United States or any jurisdiction within the United States (including a foreign branch of such an entity); or (D) any person located in the United States. (Pub. L. 116–92, div. F, title LXXII, § 7203, Dec. 20, 2019, 133 Stat. 2262.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title LXXII of div. F of Pub. L. 116–92, Dec. 20, 2019, 133 Stat. 2262, known as the Fentanyl Sanctions Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of this title and Tables. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Oversight and Reform of House of Rep- resentatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. SUBCHAPTER I—SANCTIONS WITH RE- SPECT TO FOREIGN OPIOID TRAF- FICKERS § 2311. Identification of foreign opioid traffickers (a) Public report (1) In general The President shall submit to the appro- priate congressional committees and leader- ship, in accordance with subsection (c), a re- port— (A) identifying the foreign persons that the President determines are foreign opioid traffickers; (B) detailing progress the President has made in implementing this subchapter; and (C) providing an update on cooperative ef- forts with the governments of Mexico, the People’s Republic of China, and other coun- tries of concern with respect to combating foreign opioid traffickers. (2) Identification of additional persons If, at any time after submitting a report re- quired by paragraph (1) and before the submis- sion of the next such report, the President de- termines that a foreign person not identified in the report is a foreign opioid trafficker, the President shall submit to the appropriate con- gressional committees and leadership an addi- tional report containing the information re- quired by paragraph (1) with respect to the for- eign person. (3) Exclusion The President shall not be required to in- clude in a report under paragraph (1) or (2) any persons with respect to which the United States has imposed sanctions before the date of the report under this subchapter or any other provision of law with respect to opioid trafficking. (4) Form of report (A) In general Each report required by paragraph (1) or (2) shall be submitted in unclassified form but may include a classified annex. (B) Availability to public The unclassified portion of a report re- quired by paragraph (1) or (2) shall be made available to the public. (b) Classified report (1) In general The President shall submit to the appro- priate congressional committees and leader- ship, in accordance with subsection (c), a re- port, in classified form— (A) describing in detail the status of sanc- tions imposed under this subchapter, includ- ing the personnel and resources directed to- ward the imposition of such sanctions during the preceding fiscal year; (B) providing background information with respect to persons newly identified as foreign opioid traffickers and their illicit ac- tivities; (C) describing actions the President in- tends to undertake or has undertaken to im- plement this subchapter; and (D) providing a strategy for identifying ad- ditional foreign opioid traffickers. (2) Effect on other reporting requirements The report required by paragraph (1) is in ad- dition to, and in no way delimits or restricts, the obligations of the President to keep Con- gress fully and currently informed pursuant to the provisions of the National Security Act of 1947 (50 U.S.C. 3001 et seq.). (c) Submission of reports Not later than 180 days after December 20, 2019, and annually thereafter until the date that is 5 years after December 20, 2019, the President