21 U.S.C. § 2301 — Sense of Congress

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.