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21 U.S.C. § 2351 — Finding; policy
Federal law — U.S. Code and appendices · legal_authorities
Page 1031
TITLE 21—FOOD AND DRUGS
§ 2354
SUBCHAPTER I—SANCTIONS IN RESPONSE
TO NATIONAL EMERGENCY RELATING TO
FENTANYL TRAFFICKING
§ 2351. Finding; policy
(a) Finding
Congress finds that international trafficking
of fentanyl, fentanyl precursors, or other related
opioids constitutes an unusual and extraor-
dinary threat to the national security, foreign
policy, and economy of the United States, and is
a national emergency.
(b) Policy
It shall be the policy of the United States to
apply economic and other financial sanctions to
those who engage in the international traf-
ficking of fentanyl, fentanyl precursors, or other
related opioids to protect the national security,
foreign policy, and economy of the United
States.
(Pub. L. 118–50, div. E, title I, § 3101, Apr. 24, 2024,
138 Stat. 936.)
§ 2352. Use of national emergency authorities; re-
porting
(a) In general
The President may exercise all authorities
provided under sections 1702 and 1704 of title 50
to carry out this subchapter.
(b) Report required
(1) In general
Not later than 180 days after April 24, 2024,
and annually thereafter, the President shall
submit to the appropriate congressional com-
mittees a report on actions taken by the exec-
utive branch pursuant to this subchapter and
any national emergency declared with respect
to the trafficking of fentanyl and trade in
other illicit drugs, including—
(A) the issuance of any new or revised reg-
ulations, policies, or guidance;
(B) the imposition of sanctions;
(C) the collection of relevant information
from outside parties;
(D) the issuance or closure of general li-
censes, specific licenses, and statements of
licensing policy by the Office of Foreign As-
sets Control;
(E) a description of any pending enforce-
ment cases; and
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Page 1031
TITLE 21—FOOD AND DRUGS
§ 2354
SUBCHAPTER I—SANCTIONS IN RESPONSE
TO NATIONAL EMERGENCY RELATING TO
FENTANYL TRAFFICKING
§ 2351. Finding; policy
(a) Finding
Congress finds that international trafficking
of fentanyl, fentanyl precursors, or other related
opioids constitutes an unusual and extraor-
dinary threat to the national security, foreign
policy, and economy of the United States, and is
a national emergency.
(b) Policy
It shall be the policy of the United States to
apply economic and other financial sanctions to
those who engage in the international traf-
ficking of fentanyl, fentanyl precursors, or other
related opioids to protect the national security,
foreign policy, and economy of the United
States.
(Pub. L. 118–50, div. E, title I, § 3101, Apr. 24, 2024,
138 Stat. 936.)
§ 2352. Use of national emergency authorities; re-
porting
(a) In general
The President may exercise all authorities
provided under sections 1702 and 1704 of title 50
to carry out this subchapter.
(b) Report required
(1) In general
Not later than 180 days after April 24, 2024,
and annually thereafter, the President shall
submit to the appropriate congressional com-
mittees a report on actions taken by the exec-
utive branch pursuant to this subchapter and
any national emergency declared with respect
to the trafficking of fentanyl and trade in
other illicit drugs, including—
(A) the issuance of any new or revised reg-
ulations, policies, or guidance;
(B) the imposition of sanctions;
(C) the collection of relevant information
from outside parties;
(D) the issuance or closure of general li-
censes, specific licenses, and statements of
licensing policy by the Office of Foreign As-
sets Control;
(E) a description of any pending enforce-
ment cases; and
(F) the implementation of mitigation pro-
cedures.
(2) Form of report
Each report required under paragraph (1)
shall be submitted in unclassified form, but
may include the matters required under sub-
paragraphs (C), (D), (E), and (F) of such para-
graph in a classified annex.
(Pub. L. 118–50, div. E, title I, § 3102, Apr. 24, 2024,
138 Stat. 936.)
§ 2353. Imposition of sanctions with respect to
fentanyl trafficking by transnational crimi-
nal organizations
(a) In general
The President shall impose the sanctions de-
scribed in subsection (b) with respect to any for-
eign person the President determines—
(1) is knowingly involved in the significant
trafficking of fentanyl, fentanyl precursors, or
other related opioids, including such traf-
ficking by a transnational criminal organiza-
tion; or
(2) otherwise is knowingly involved in sig-
nificant activities of a transnational criminal
organization relating to the trafficking of
fentanyl, fentanyl precursors, or other related
opioids.
(b) Sanctions described
The President, pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701
et seq.), may block and prohibit all transactions
in property and interests in property of a foreign
person described in subsection (a) if such prop-
erty and interests in property are in the United
States, come within the United States, or are or
come within the possession or control of a
United States person.
(c) Report required
Not later than 180 days after April 24, 2024, and
annually thereafter, the President shall submit
to the appropriate congressional committees a
report on actions taken by the executive branch
with respect to the foreign persons identified
under subsection (a).
(Pub. L. 118–50, div. E, title I, § 3103, Apr. 24, 2024,
138 Stat. 936.)
Editorial Notes
REFERENCES IN TEXT
The International Emergency Economic Powers Act,
referred to in subsec. (b), is title II of Pub. L. 95–223,
Dec. 28, 1977, 91 Stat. 1626, which is classified generally
to chapter 35 (§ 1701 et seq.) of Title 50, War and Na-
tional Defense. For complete classification of this Act
to the Code, see Short Title note set out under section
1701 of Title 50 and Tables.
§ 2354. Penalties; waivers; exceptions
(a) Penalties
Any person that violates, attempts to violate,
conspires to violate, or causes a violation of this
subchapter or any regulation, license, or order
issued to carry out this subchapter shall be sub-
ject to the penalties set forth in subsections (b)
and (c) of section 1705 of title 50 to the same ex-
tent as a person that commits an unlawful act
described in subsection (a) of that section.
(b) National security waiver
The President may waive the application of
sanctions under this subchapter with respect to
a foreign person if the President determines
that such waiver is in the national security in-
terest of the United States.
(c) Exceptions
(1) Exception for intelligence activities
This subchapter shall not apply with respect
to activities subject to the reporting require-
ments under title V of the National Security
Act of 1947 (50 U.S.C. 3091 et seq.) or any au-
thorized intelligence activities of the United
States.
(2)
Exception
for
compliance
with
inter-
national obligations and law enforcement
activities
Sanctions under this subchapter shall not
apply with respect to an alien if admitting or
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Appropriate congressional committees** — The term “appropriate congressional committees” means—
(A) the Committee on Banking, Housing, and Urban Affairs of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Committee on Financial Services of the House of Representatives; and
(D) the Committee on Foreign Affairs of the House of Representatives.
(2) **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.
(3) **Knowingly** — The term “knowingly”, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.
(4) **Trafficking** — The term “trafficking”, with respect to fentanyl, fentanyl precursors, or other related opioids, has the meaning given the term “opioid trafficking” in [section 2302(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section2302/8&num=0&edition=prelim).
(5) **Transnational criminal organization** — The term “transnational criminal organization” includes—
(A) any organization designated as a significant transnational criminal organization under part 590 of title 31, Code of Federal Regulations;
(B) any of the organizations known as—
(i) the Sinaloa Cartel;
(ii) the Jalisco New Generation Cartel;
(iii) the Gulf Cartel;
(iv) the Los Zetas Cartel;
(v) the Juarez Cartel;
(vi) the Tijuana Cartel;
(vii) the Beltran-Leyva Cartel; or
(viii) La Familia Michoacana; or
(C)
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 2351
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any authority granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat.
**(b)** The authorities granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1701
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Federal law — U.S. Code and appendices · legal_authorities
Page 151
TITLE 50—WAR AND NATIONAL DEFENSE
§ 1701
CHAPTER 35—INTERNATIONAL EMERGENCY
ECONOMIC POWERS
Sec.
1701.
Unusual and extraordinary threat; declara-
tion of national emergency; exercise of
Presidential authorities.
1702.
Presidential authorities.
1703.
Consultation and reports.
1704.
Authority to issue regulations.
1705.
Penalties.
1706.
Savings provisions.
1707.
Multinational economic embargoes against
governments in armed conflict with the
United States.
1708.
Actions to address economic or industrial es-
pionage in cyberspace.
1709.
Imposition of sanctions with respect to theft
of trade secrets of United States persons.
1710.
Confronting asymmetric and malicious cyber
activities.
§ 1701. Unusual and extraordinary threat; dec-
laration of national emergency; exercise of
Presidential authorities
(a) Any authority granted to the President by
section 1702 of this title may be exercised to deal
with any unusual and extraordinary threat,
which has its source in whole or substantial part
outside the United States, to the national secu-
rity, foreign policy, or economy of the United
States, if the President declares a national
emergency with respect to such threat.
(b) The authorities granted to the President
by section 1702 of this title may only be exer-
cised to deal with an unusual and extraordinary
threat with respect to which a national emer-
gency has been declared for purposes of this
chapter and may not be exercised for any other
purpose. Any exercise of such authorities to deal
with any new threat shall be based on a new dec-
laration of national emergency which must be
with respect to such threat.
(Pub. L. 95–223, title II, § 202, Dec. 28, 1977, 91
Stat. 1626.)
Statutory Notes and Related Subsidiaries
SHORT TITLE
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 1701
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Federal law — U.S. Code and appendices · legal_authorities
There are authorized to be appropriated such sums as may be necessary and appropriate to carry out the provisions and purposes of this chapter (other than the provisions and purposes of sections 3023, 3025, 3035, 3038 of this title and subchapters III, IV, and V).
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3091
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Federal law — U.S. Code and appendices · legal_authorities
Page 665
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3091
mained a part of it or whether all other traces of the
title were eliminated completely so that section 411
was effectively absorbed into title III. The subsequent
renumbering of section 411 of the Act as section 312 by
Pub. L. 116–92 suggests that this section should be con-
sidered within title III (as shown in the credit above),
although there has been no explicit amendment renum-
bering the title of the Act containing it.
Section was classified to section 3006 of this title
prior to renumbering by Pub. L. 116–92.
Section was formerly classified to section 412 of this
title prior to editorial reclassification and renumbering
as section 3006, and to section 172j of former Title 5
prior to the general revision and enactment of Title 5,
Government Organization and Employees, by Pub. L.
89–554, § 1, Sept. 6, 1966, 80 Stat. 378.
§ 3079. Insider threat policy compliance and re-
porting
The head of each element of the intelligence
community shall—
(1) implement the policy established in ac-
cordance with section 3024(f)(8) of this title;
and
(2) concurrent with the submission to Con-
gress of budget justification materials in sup-
port of the budget of the President for a fiscal
year that is submitted to Congress under sec-
tion 1105(a) of title 31, submit to Congress a
certification as to whether the element is in
compliance with such policy.
(July 26, 1947, ch. 343, title III, § 313, as added
Pub. L. 117–263, div. F, title LXIII, § 6314(b), Dec.
23, 2022, 136 Stat. 3511.)
SUBCHAPTER III—ACCOUNTABILITY FOR
INTELLIGENCE ACTIVITIES
§ 3091. General congressional oversight provi-
sions
(a) Reports to congressional committees of intel-
ligence activities and anticipated activities
(1) The President sh
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3091
Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 3091. This identifies an authority to review, not proof of applicability.