21 U.S.C. § 2311 — Identification of foreign opioid traffickers

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 Page 1024 TITLE 21—FOOD AND DRUGS § 2312 shall submit the reports required by subsections (a) and (b) to the appropriate congressional com- mittees and leadership. (d) Exclusion of certain information (1) Intelligence Notwithstanding any other provision of this section, a report required by subsection (a) or (b) shall not disclose the identity of any per- son if the Director of National Intelligence de- termines that such disclosure could com- promise an intelligence operation, activity, source, or method of the United States. (2) Law enforcement Notwithstanding any other provision of this section, a report required by subsection (a) or (b) shall not disclose the identity of any per- son if the Attorney General, in coordination, as appropriate, with the Director of the Fed- eral Bureau of Investigation, the Adminis- trator of the Drug Enforcement Administra- tion, the Secretary of the Treasury, the Sec- retary of State, and the head of any other ap- propriate Federal law enforcement agency, de- termines that such disclosure could reason- ably be expected— (A) to compromise the identity of a con- fidential source, including a State, local, or foreign agency or authority or any private institution that furnished information on a confidential basis; (B) to jeopardize the integrity or success of an ongoing criminal investigation or pros- ecution; (C) to endanger the life or physical safety of any person; or (D) to cause substantial harm to physical property. (3) Notification required If the Director of National Intelligence makes a determination under paragraph (1) or the Attorney General makes a determination under paragraph (2), the Director or the Attor- ney General, as the case may be, shall notify the appropriate congressional committees and leadership of the determination and the rea- sons for the determination. (4) Rule of construction Nothing in this section may be construed to authorize or compel the disclosure of informa- tion determined by the President to be law en- forcement information, classified information, national security information, or other infor- mation the disclosure of which is prohibited by any other provision of law. (e) Provision of information required for reports The Secretary of the Treasury, the Attorney General, the Secretary of Defense, the Secretary of State, the Secretary of Homeland Security, and the Director of National Intelligence shall consult among themselves and provide to the President and the Director of the Office of Na- tional Drug Control Policy the appropriate and necessary information to enable the President to submit the reports required by subsection (a). (Pub. L. 116–92, div. F, title LXXII, § 7211, Dec. 20, 2019, 133 Stat. 2263.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsecs. (a)(1)(B), (3) and (b)(1)(A), (C), was in the original ‘‘this subtitle’’, meaning subtitle A (§§ 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. The National Security Act of 1947, referred to in sub- sec. (b)(2), is act July 26, 1947, ch. 343, 61 Stat. 495, which is classified principally to chapter 44 (§ 3001 et seq.) of Title 50, War and National Defense. For com- plete classification of this Act to the Code, see Tables. Executive Documents DELEGATION OF CERTAIN FUNCTIONS AND AUTHORITIES UNDER THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2020 Memorandum of President of the United States, Mar. 31, 2020, 85 F.R. 22343, provided: Memorandum for the Secretary of State[,] the Sec- retary of the Treasury[,] the Secretary of Defense[, and] the Director of National Drug Control Policy By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby order as follows: SECTION 1. (a) I hereby delegate to the Secretary of State the functions and authorities vested in the Presi- dent by section 7426 of the National Defense Authoriza- tion Act for Fiscal Year 2020 (Public Law 116–92) (the ‘‘Act’’) [22 U.S.C. 8791 note]. (b) I hereby delegate to the Secretary of State, in consultation with the Secretary of the Treasury, the functions and authorities vested in the President by the following provisions of the Act: (i) section 7214 [21 U.S.C. 2314]; (ii) section 7413 [22 U.S.C. 8791 note]; (iii) section 7431 [22 U.S.C. 8791 note]; and (iv) section 7432 [22 U.S.C. 8791 note]. (c) I hereby delegate to the Secretary of State, in consultation with the Secretary of the Treasury and the Director of National Drug Control Policy, the func- tions and authorities vested in the President by section 7211(a)(1)(C) of the Act [21 U.S.C. 2311(a)(1)(C)]. (d) I hereby delegate to the Secretary of the Treas- ury, in consultation with the Secretary of State, the functions and authorities vested in the President by the following provisions of the Act: (i) section 7211(a)(1)(A)–(B) [21 U.S.C. 2311(a)(1)(A), (B)]; (ii) section 7211(a)(2)–(3) [21 U.S.C. 2311(a)(2), (3)]; (iii) section 7211(b) [21 U.S.C. 2311(b)]; (iv) section 7211(c) [21 U.S.C. 2311(c)]; (v) section 7212 [21 U.S.C. 2312]; (vi) section 7213(a)(4)–(9) [21 U.S.C. 2313(a)(4) to (9)]; (vii) section 7213(d) [21 U.S.C. 2313(d)]; (viii) section 7215(a) [21 U.S.C. 2315(a)]; (ix) section 7233 [21 U.S.C. 2333]; (x) section 7412(a) [22 U.S.C. 8791 note]; and (xi) section 7412(b)(1)(A) [22 U.S.C. 8791 note]. (e) I hereby delegate to the Secretary of the Treasury the functions and authorities vested in the President by section 7433 of the Act [22 U.S.C. 8791 note]. (f) I hereby delegate to the Secretary of State and the Secretary of Defense the functions and authorities vested in the President by section 7423 of the Act [22 U.S.C. 8791 note]. SEC. 2. The delegations in this memorandum shall apply to any provisions of any future public laws that are the same or substantially the same as those provi- sions referenced in this memorandum. SEC. 3. The Secretary of State is authorized and di- rected to publish this memorandum in the Federal Reg- ister. DONALD J. TRUMP. § 2312. Imposition of sanctions The President shall impose five or more of the sanctions described in section 2313 of this title