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21 U.S.C. § 2316 — Briefings on implementation
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)
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Waiver for state-owned entities in countries that cooperate in multilateral anti-trafficking efforts**
(1) **In general** — The President may waive for a period of not more than 12 months the application of sanctions under this subchapter with respect to an entity that is owned or controlled, directly or indirectly, by a foreign government or any political subdivision, agency, or instrumentality of a foreign government, if, not less than 15 days before the waiver is to take effect, the President certifies to the appropriate congressional committees and leadership that the foreign government is closely cooperating with the United States in efforts to prevent opioid trafficking.
(2) **Certification** — The President may certify under paragraph (1) that a foreign government is closely cooperating with the United States in efforts to prevent opioid trafficking if that government is—
(A) implementing domestic laws to schedule all fentanyl analogues as controlled substances; and
(B) doing two or more of the following:
(i) Implementing substantial improvements in regulations involving the chemical and pharmaceutical production and export of illicit opioids.
(ii) Implementing substantial improvements in judicial regulations to combat transnational criminal organizations that traffic opioids.
(iii) Increasing efforts to prosecute foreign opioid traffickers.
(iv) Increasing intelligence sharing and law enforcement cooperation with the United States with respect to opioid trafficking.
(3) **Subsequent renewal of waiver** — The President may renew a waiver under paragraph (1) for subsequent periods of not more than 12 months each if, not less than 15 days before the renewal is to take effect, the Secretary of State certifies to the appropriate con
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