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21 U.S.C. § 2331 — Director of National Intelligence program
Federal law — U.S. Code and appendices · legal_authorities
Page 1028
TITLE 21—FOOD AND DRUGS
§ 2316
(§§ 7211–7217) of title LXXII of div. F of Pub. L. 116–92,
which is classified principally to this subchapter. For
complete classification of subtitle A to the Code, see
Tables.
Executive Documents
DELEGATION OF FUNCTIONS
Functions and authorities of President under sub-
section (a) of this section delegated to Secretary of the
Treasury, in consultation with the Secretary of State,
by section 1(d)(viii) of Memorandum of President of the
United States, Mar. 31, 2020, 85 F.R. 22343, set out as a
note under section 2311 of this title.
§ 2316. Briefings on implementation
Not later than 90 days after December 20, 2019,
and every 180 days thereafter until the date that
is 5 years after December 20, 2019, the President,
acting through the Secretary of State and the
Director of National Intelligence, in coordina-
tion with the Secretary of the Treasury, shall
provide to the appropriate congressional com-
mittees and leadership a comprehensive briefing
on efforts to implement this subchapter.
(Pub. L. 116–92, div. F, title LXXII, § 7216, Dec. 20,
2019, 133 Stat. 2269.)
Editorial Notes
REFERENCES IN TEXT
This subchapter, referred to in text, was in the origi-
nal ‘‘this subtitle’’, meaning subtitle A (§§ 7211–7217) of
title LXXII of div. F of Pub. L. 116–92, which is classi-
fied principally to this subchapter. For complete classi-
fication of subtitle A to the Code, see Tables.
SUBCHAPTER II—OTHER MATTERS
§ 2331. Director of National Intelligence program
on use of intelligence resources in efforts to
sanction foreign opioid traffickers
(a) Program required
(1) In general
The Director of National Intelligence shall,
in consultation with the Director of the Office
of National Drug Control Policy, carry out a
p
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Page 1028
TITLE 21—FOOD AND DRUGS
§ 2316
(§§ 7211–7217) of title LXXII of div. F of Pub. L. 116–92,
which is classified principally to this subchapter. For
complete classification of subtitle A to the Code, see
Tables.
Executive Documents
DELEGATION OF FUNCTIONS
Functions and authorities of President under sub-
section (a) of this section delegated to Secretary of the
Treasury, in consultation with the Secretary of State,
by section 1(d)(viii) of Memorandum of President of the
United States, Mar. 31, 2020, 85 F.R. 22343, set out as a
note under section 2311 of this title.
§ 2316. Briefings on implementation
Not later than 90 days after December 20, 2019,
and every 180 days thereafter until the date that
is 5 years after December 20, 2019, the President,
acting through the Secretary of State and the
Director of National Intelligence, in coordina-
tion with the Secretary of the Treasury, shall
provide to the appropriate congressional com-
mittees and leadership a comprehensive briefing
on efforts to implement this subchapter.
(Pub. L. 116–92, div. F, title LXXII, § 7216, Dec. 20,
2019, 133 Stat. 2269.)
Editorial Notes
REFERENCES IN TEXT
This subchapter, referred to in text, was in the origi-
nal ‘‘this subtitle’’, meaning subtitle A (§§ 7211–7217) of
title LXXII of div. F of Pub. L. 116–92, which is classi-
fied principally to this subchapter. For complete classi-
fication of subtitle A to the Code, see Tables.
SUBCHAPTER II—OTHER MATTERS
§ 2331. Director of National Intelligence program
on use of intelligence resources in efforts to
sanction foreign opioid traffickers
(a) Program required
(1) In general
The Director of National Intelligence shall,
in consultation with the Director of the Office
of National Drug Control Policy, carry out a
program to allocate and enhance use of re-
sources of the intelligence community, includ-
ing intelligence collection and analysis, to as-
sist the Secretary of the Treasury, the Sec-
retary of State, and the Administrator of the
Drug Enforcement Administration in efforts
to identify and impose sanctions with respect
to foreign opioid traffickers under subchapter
I.
(2) Focus on illicit finance
To the extent practicable, efforts described
in paragraph (1) shall—
(A) take into account specific illicit fi-
nance risks related to narcotics trafficking;
and
(B) be developed in consultation with the
Undersecretary of the Treasury for Ter-
rorism and Financial Crimes, appropriate of-
ficials of the Office of Intelligence and Anal-
ysis of the Department of the Treasury, the
Director of the Financial Crimes Enforce-
ment Network, and appropriate Federal law
enforcement agencies.
(b) Review of counternarcotics efforts of the in-
telligence community
The Director of National Intelligence shall, in
coordination with the Director of the Office of
National Drug Control Policy, carry out a com-
prehensive review of the current intelligence
collection priorities of the intelligence commu-
nity for counternarcotics purposes in order to
identify whether such priorities are appropriate
and sufficient in light of the number of lives lost
in the United States each year due to use of ille-
gal drugs.
(c) Reports and briefings
(1) Reports and briefings on program
(A) Annual reports
Not later than 90 days after December 20,
2019, and annually thereafter, the Director of
National Intelligence and the Director of the
Office of National Drug Control Policy shall
jointly submit to the appropriate congres-
sional committees and leadership a report
on the status and accomplishments of the
program required by subsection (a) during
the year ending on the date of the report.
The first report under this subparagraph
shall also include a description of the
amount of funds devoted by the intelligence
community to the efforts described in sub-
section (a) during each of fiscal years 2017
and 2018.
(B) Semiannual briefings
On a semiannual basis, the Director of Na-
tional Intelligence and the Director of the
Office of National Drug Control Policy shall
jointly brief the appropriate congressional
committees and leadership on the status and
accomplishments of the program required by
subsection (a).
(2) Report on review
Not later than 120 days after December 20,
2019, the Director of National Intelligence, in
consultation with the Director of the Office of
National Drug Control Policy and other rel-
evant agencies, shall submit to the appro-
priate congressional committees and leader-
ship—
(A) a comprehensive description of the re-
sults of the review required by subsection
(b); and
(B) an assessment of whether—
(i) the priorities described in that sub-
section are appropriate and sufficient in
light of the number of lives lost in the
United States each year due to use of ille-
gal drugs; and
(ii) any changes to such priorities are
necessary.
(d) Intelligence community defined
In this section, the term ‘‘intelligence commu-
nity’’ has the meaning given that term in sec-
tion 3003(4) of title 50.
(Pub. L. 116–92, div. F, title LXXII, § 7231, Dec. 20,
2019, 133 Stat. 2273; Pub. L. 117–263, div. F, title
LXVIII, § 6811(h), Dec. 23, 2022, 136 Stat. 3601.)
Editorial Notes
REFERENCES IN TEXT
Subchapter I, referred to in subsec. (a)(1), was in the
original ‘‘subtitle A’’, meaning subtitle A (§§ 7211–7217)
Page 1029
TITLE 21—FOOD AND DRUGS
§ 2335
of title LXXII of div. F of Pub. L. 116–92, which is clas-
sified principally to subchapter I of this chapter. For
complete classification of subtitle A to the Code, see
Tables.
AMENDMENTS
2022—Subsec. (c). Pub. L. 117–263, § 6811(h)(1), inserted
‘‘and briefings’’ after ‘‘Reports’’ in heading.
Subsec. (c)(1). Pub. L. 117–263, § 6811(h)(2), substituted
‘‘Reports and briefings on program’’ for ‘‘Quarterly re-
ports on program’’ in par. heading; designated existing
provisions as subpar. (A) and inserted subpar. heading;
in subpar. (A), substituted ‘‘annually’’ for ‘‘every 90
days’’, ‘‘year’’ for ‘‘90-day period’’, and ‘‘under this sub-
paragraph’’ for ‘‘under this paragraph’’; and added sub-
par. (B).
§ 2332. Authorization of appropriations
(a) Department of the Treasury
There are authorized to be appropriated to the
Secretary of the Treasury such sums as may be
necessary for fiscal year 2020 to carry out oper-
ations and activities of the Department of the
Treasury solely for purposes of carrying out this
chapter.
(b) Commission on Combating Synthetic Opioid
Trafficking
Of the amount authorized to be appropriated
by section 1403 for fiscal year 2020 [133 Stat. 1711]
and available for Drug Interdiction and Counter-
Drug Activities, Defense-wide, as specified in
the funding table in section 4501 [133 Stat. 2086],
the Secretary of Defense may, notwithstanding
section 2215 of title 10, transfer $5,000,000 to the
Commission on Combating Synthetic Opioid
Trafficking established under section 7221 [133
Stat. 2270] in order to carry out the duties of the
Commission.
(c) Supplement not supplant
Amounts authorized to be appropriated by
subsection (a) shall supplement and not sup-
plant other amounts available to carry out oper-
ations and activities described in such sub-
sections.
(d) Notification requirement
Amounts authorized to be appropriated by
subsection (a) may not be obligated until 15 days
after the date on which the President notifies
the appropriate committees of Congress of the
President’s intention to obligate such funds.
(e) Appropriate committees of Congress defined
In this section, the term ‘‘appropriate com-
mittees of Congress’’ means—
(1) the Committee on Armed Services, the
Committee on Banking, Housing, and Urban
Affairs, the Committee on Foreign Relations,
the Select Committee on Intelligence, the
Committee on the Judiciary, and the Com-
mittee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the
Committee on Financial Services, the Com-
mittee on Foreign Affairs, the Permanent Se-
lect Committee on Intelligence, the Com-
mittee on Oversight and Reform, and the Com-
mittee on Appropriations of the House of Rep-
resentatives.
(Pub. L. 116–92, div. F, title LXXII, § 7232, Dec. 20,
2019, 133 Stat. 2274.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original ‘‘this title’’, meaning title LXXII of div. F of
Pub. L. 116–92, known as the Fentanyl Sanctions Act,
which is classified principally to this chapter. For com-
plete classification of this Act to the Code, see Tables.
Sections 1403, 4501, and section 7221, referred to in
subsec. (b), mean sections sections 1403, 4501, and sec-
tion 7221 of Pub. L. 116–92, respectively, which are not
classified to the Code.
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.
§ 2333. Regulatory authority
Not later than 90 days after December 20, 2019,
the President shall issue such regulations as are
necessary to carry out this chapter, including
guidance with respect to what activities are in-
cluded under the definition of ‘‘opioid traf-
ficking’’ under section 2302(8) of this title.
(Pub. L. 116–92, div. F, title LXXII, § 7233, Dec. 20,
2019, 133 Stat. 2275.)
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, 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.
Executive Documents
DELEGATION OF FUNCTIONS
Functions and authorities of President under this
section delegated to Secretary of the Treasury, in con-
sultation with the Secretary of State, by section
1(d)(ix) of Memorandum of President of the United
States, Mar. 31, 2020, 85 F.R. 22343, set out as a note
under section 2311 of this title.
§ 2334. Termination
The provisions of this chapter, and any sanc-
tions imposed pursuant to this chapter, shall
terminate on the date that is 7 years after De-
cember 20, 2019.
(Pub. L. 116–92, div. F, title LXXII, § 7234, Dec. 20,
2019, 133 Stat. 2275.)
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, 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.
§ 2335. Exception relating to importation of
goods
(a) In general
The authorities and requirements to impose
sanctions under this chapter shall not include
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** If a finding under this subchapter, or a prohibition, condition, or penalty imposed as a result of any such finding, is based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)) and a court reviews the finding or the imposition of the prohibition, condition, or penalty, the President may submit such information to the court ex parte and in camera.
**(b) Rule of construction** Nothing in this section shall be construed—
(1) to confer or imply any right to judicial review of any finding under this subchapter, or any prohibition, condition, or penalty imposed as a result of any such finding; or
(2) to limit or restrict any other practice, procedure, right, remedy, or safeguard that—
(A) relates to the protection of classified information; and
(B) is available to the United States in connection with any type of administrative hearing, litigation, or other proceeding.
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