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22 U.S.C. § 2291k — Untitled legal text
Federal law — U.S. Code and appendices · legal_authorities
Page 748
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2291k
Determination of President of the United States, No.
2013–14, Sept. 13, 2013, 78 F.R. 58855.
Determination of President of the United States, No.
2012–15, Sept. 14, 2012, 77 F.R. 58917.
Determination of President of the United States, No.
2011–16, Sept. 15, 2011, 76 F.R. 59495.
Determination of President of the United States, No.
2010–16, Sept. 15, 2010, 75 F.R. 67019, 68413.
Determination of President of the United States, No.
2009–30, Sept. 15, 2009, 74 F.R. 48369.
Determination of President of the United States, No.
2008–28, Sept. 15, 2008, 73 F.R. 54927.
Determination of President of the United States, No.
2007–33, Sept. 14, 2007, 43 Weekly Compilation of Presi-
dential Documents 1216, Sept. 24, 2007.
Determination of President of the United States, No.
2006–24, Sept. 15, 2006, 71 F.R. 57865.
Determination of President of the United States, No.
2005–36, Sept. 14, 2005, 70 F.R. 56807.
Determination of President of the United States, No.
2004–47, Sept. 15, 2004, 69 F.R. 57809.
Determination of President of the United States, No.
2003–38, Sept. 15, 2003, 68 F.R. 54973.
Determination of President of the United States, No.
2003–14, Jan. 30, 2003, 68 F.R. 5787.
PRESIDENTIAL DETERMINATION ON WAIVING A RESTRIC-
TION ON UNITED STATES ASSISTANCE TO BOLIVIA UNDER
SECTION 706 OF THE FOREIGN RELATIONS AUTHORIZA-
TION ACT, FISCAL YEAR 2003
Determination of President of the United States, No.
2020–05, Jan. 6, 2020, 85 F.R. 6731, provided:
Memorandum for the Secretary of State
By the authority vested in me as President by the
Constitution and the laws of the United States, includ-
ing section 706(3)(A) of the Foreign Relations Author-
ization Act, Fiscal Year 2003 (Public Law 107–228)
(FRAA)
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Page 748
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2291k
Determination of President of the United States, No.
2013–14, Sept. 13, 2013, 78 F.R. 58855.
Determination of President of the United States, No.
2012–15, Sept. 14, 2012, 77 F.R. 58917.
Determination of President of the United States, No.
2011–16, Sept. 15, 2011, 76 F.R. 59495.
Determination of President of the United States, No.
2010–16, Sept. 15, 2010, 75 F.R. 67019, 68413.
Determination of President of the United States, No.
2009–30, Sept. 15, 2009, 74 F.R. 48369.
Determination of President of the United States, No.
2008–28, Sept. 15, 2008, 73 F.R. 54927.
Determination of President of the United States, No.
2007–33, Sept. 14, 2007, 43 Weekly Compilation of Presi-
dential Documents 1216, Sept. 24, 2007.
Determination of President of the United States, No.
2006–24, Sept. 15, 2006, 71 F.R. 57865.
Determination of President of the United States, No.
2005–36, Sept. 14, 2005, 70 F.R. 56807.
Determination of President of the United States, No.
2004–47, Sept. 15, 2004, 69 F.R. 57809.
Determination of President of the United States, No.
2003–38, Sept. 15, 2003, 68 F.R. 54973.
Determination of President of the United States, No.
2003–14, Jan. 30, 2003, 68 F.R. 5787.
PRESIDENTIAL DETERMINATION ON WAIVING A RESTRIC-
TION ON UNITED STATES ASSISTANCE TO BOLIVIA UNDER
SECTION 706 OF THE FOREIGN RELATIONS AUTHORIZA-
TION ACT, FISCAL YEAR 2003
Determination of President of the United States, No.
2020–05, Jan. 6, 2020, 85 F.R. 6731, provided:
Memorandum for the Secretary of State
By the authority vested in me as President by the
Constitution and the laws of the United States, includ-
ing section 706(3)(A) of the Foreign Relations Author-
ization Act, Fiscal Year 2003 (Public Law 107–228)
(FRAA) [22 U.S.C. 2291j–1(3)(A)], I hereby determine
that the provision of United States assistance to Bo-
livia in Fiscal Year 2020 is vital to the national inter-
ests of the United States.
You are authorized and directed to submit this deter-
mination, with its memorandum of justification, under
section 706 of the FRAA, to the Congress, and to pub-
lish it in the Federal Register.
DONALD J. TRUMP.
§ 2291k.
Repealed.
Pub.
L.
104–66,
title
I,
§ 1112(b), Dec. 21, 1995, 109 Stat. 724
Section, Pub. L. 87–195, pt. I, § 490A, as added Pub. L.
102–583, § 5(a), Nov. 2, 1992, 106 Stat. 4927; amended Pub.
L. 103–447, title I, § 101(g)(2), Nov. 2, 1994, 108 Stat. 4693,
related to annual certification procedures after Sept.
30, 1995.
§ 2291l. Prioritization of efforts of the Depart-
ment of State to combat international traf-
ficking in covered synthetic drugs
(a) In general
The Secretary of State shall prioritize efforts
of the Department of State to combat inter-
national trafficking of covered synthetic drugs
by carrying out programs and activities to in-
clude the following:
(1) Supporting increased data collection by
the United States and foreign countries
through increased drug use surveys among
populations, increased use of wastewater test-
ing where appropriate, and multilateral shar-
ing of that data.
(2) Engaging in increased consultation and
partnership with international drug agencies,
including the European Monitoring Centre for
Drugs and Drug Addiction, regulatory agen-
cies in foreign countries, and the United Na-
tions Office on Drugs and Crime.
(3) Carrying out programs to provide tech-
nical assistance and equipment, as appro-
priate, to strengthen the capacity of foreign
law enforcement agencies with respect to cov-
ered synthetic drugs, as required by section
2291m of this title.
(4) Carrying out exchange programs for gov-
ernmental and nongovernmental personnel in
the United States and in foreign countries to
provide educational and professional develop-
ment on demand reduction matters relating to
the illicit use of covered synthetic drugs and
other drugs, as required by section 2291n of
this title.
(b) Report
(1) In general
Not later than one year after December 23,
2022, the Secretary of State shall submit to
the appropriate congressional committees a
report on the implementation of this section.
(2) Appropriate congressional committees de-
fined
In this subsection, the term ‘‘appropriate
congressional committees’’ means—
(A) the Committee on Foreign Relations,
the Committee on Appropriations, and the
Committee on the Judiciary of the Senate;
and
(B) the Committee on Foreign Affairs, the
Committee on Appropriations, and the Com-
mittee on the Judiciary of the House of Rep-
resentatives.
(Pub. L. 117–263, div. E, title LV, § 5552, Dec. 23,
2022, 136 Stat. 3341.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Fighting Emerging
Narcotics Through Additional Nations to Yield Lasting
Results Act, also known as the FENTANYL Results
Act, and also as part of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023, and not
as part of the Foreign Assistance Act of 1961 which
comprises this chapter.
Statutory Notes and Related Subsidiaries
RULE OF CONSTRUCTION
Pub. L. 117–263, div. E, title LV, § 5557, Dec. 23, 2022,
136 Stat. 3344, provided that: ‘‘Nothing in this subtitle
[subtitle C (§§ 5551–5558) of title LV of div. E of Pub. L.
117–263, see Short Title of 2022 Amendment note set out
under section 2151 of this title] or the amendments
made by this subtitle shall be construed to affect the
prioritization of extradition requests.’’
DEFINITIONS
Pub. L. 117–263, div. E, title LV, § 5558, Dec. 23, 2022,
136 Stat. 3344, provided that: ‘‘In this subtitle [subtitle
C (§§ 5551–5558) of title LV of div. E of Pub. L. 117–263,
see Short Title of 2022 Amendment note set out under
section 2151 of this title]:
‘‘(1)
CONTROLLED
SUBSTANCE;
CONTROLLED
SUB-
STANCE ANALOGUE.—The terms ‘controlled substance’
and ‘controlled substance analogue’ have the mean-
ings given those terms in section 102 of the Con-
trolled Substances Act (21 U.S.C. 802).
‘‘(2) COVERED SYNTHETIC DRUG.—The term ‘covered
synthetic drug’ means—
‘‘(A) a synthetic controlled substance or syn-
thetic controlled substance analogue, including
fentanyl or a fentanyl analogue; or
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter:
(1) The term “addict” means any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as to have lost the power of self-control with reference to his addiction.
(2) The term “administer” refers to the direct application of a controlled substance to the body of a patient or research subject by—
(A) a practitioner (or, in his presence, by his authorized agent), or
(B) the patient or research subject at the direction and in the presence of the practitioner,
whether such application be by injection, inhalation, ingestion, or any other means.
(3) The term “agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser; except that such term does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman, when acting in the usual and lawful course of the carrier’s or warehouseman’s business.
(4) The term “Drug Enforcement Administration” means the Drug Enforcement Administration in the Department of Justice.
(5) The term “control” means to add a drug or other substance, or immediate precursor, to a schedule under part B of this subchapter, whether by transfer from another schedule or otherwise.
(6) The term “controlled substance” means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1986.
(7) The term “counterfeit substance” means a controlled substance which, or the container or labelin
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Federal law — U.S. Code and appendices · legal_authorities
Page 782
TITLE 21—FOOD AND DRUGS
§ 801a
ing it into counterfeit opioid pills. Because fentanyl is
lethal in even miniscule doses, this is an extremely
deadly tactic, as it too often causes users to ingest a
fatal amount unknowingly.
SEC. 2. Agency Action. The Secretary of Health and
Human Services shall, consistent with section 319 of
the Public Health Service Act, 42 U.S.C. 247d, consider
declaring that the drug demand and opioid crisis de-
scribed in section 1 of this memorandum constitutes a
Public Health Emergency. Additionally, the heads of
executive departments and agencies, as appropriate and
consistent with law, shall exercise all appropriate
emergency authorities, as well as other relevant au-
thorities, to reduce the number of deaths and minimize
the devastation the drug demand and opioid crisis in-
flicts upon American communities.
SEC. 3. General Provisions. (a) Nothing in this memo-
randum shall be construed to impair or otherwise af-
fect:
(i) the authority granted by law to an executive de-
partment or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Man-
agement and Budget relating to budgetary, administra-
tive, or legislative proposals.
(b) This memorandum shall be implemented con-
sistent with applicable law and subject to the avail-
ability of appropriations.
(c) This memorandum is not intended to, and does
not, create any right or benefit, substantive or proce-
dural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other
person.
(d) The Secretary of Health and Human Services is
hereby authorized and directed to publish this memo-
randum in the Federal Register.
DONALD J. TRUMP.
§ 801a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Withholding of bilateral assistance and opposition to multilateral development assistance**
(1) **Bilateral assistance** — Fifty percent of the United States assistance allocated each fiscal year in the report required by [section 2413 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2413&num=0&edition=prelim) for each major illicit drug producing country, major drug-transit country, or country identified pursuant to clause (i) or (ii) of [section 2291h(a)(8)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2291h/a/8/A&num=0&edition=prelim) shall be withheld from obligation and expenditure, except as provided in subsection (b). This paragraph shall not apply with respect to a country if the President determines that its application to that country would be contrary to the national interest of the United States, except that any such determination shall not take effect until at least 15 days after the President submits written notification of that determination to the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under [section 2394–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2394-1&num=0&edition=prelim).
(2) **Multilateral assistance** — The Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank to vote, on and after March 1 of each year, against any loan or other utilization of the funds of their respective institution to or for any major illicit drug producing country or major drug-transit country (as determined under subsection (h)) or country identified pursuant to clause (i) or (ii) of [section 2291
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Federal law — U.S. Code and appendices · legal_authorities
Page 741
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2291j
Subsec. (a)(12). Pub. L. 117–263, § 5555(a)(2), added par.
(12).
2021—Subsec. (a)(10). Pub. L. 117–81, § 6610(c), added
par. (10) relating to separate section that contains iden-
tification of the countries that are the most significant
sources of illicit fentanyl and fentanyl analogues.
Pub. L. 117–81, § 5102(b), added par. (10) relating to sep-
arate section that contains an identification of all
United States Government-supported units funded by
the Bureau of International Narcotics and Law En-
forcement Affairs.
2019—Subsec. (a)(9). Pub. L. 116–92 added par. (9).
2006—Subsec. (a)(8). Pub. L. 109–177 added par. (8).
1995—Pub. L. 104–66, § 1112(c)(1), struck out ‘‘for fiscal
year 1995’’ after ‘‘Reporting requirements’’ in section
catchline.
Subsec. (c). Pub. L. 104–66, § 1112(c)(2), struck out
heading and text of subsec. (c). Text read as follows:
‘‘This section applies only during fiscal year 1995. Sec-
tion 2291i of this title does not apply during that fiscal
year.’’
1994—Pub. L. 103–447, § 101(f)(1)(A), substituted ‘‘for
fiscal year 1995’’ for ‘‘for fiscal years 1993 and 1994’’ in
section catchline.
Subsec. (a). Pub. L. 103–447, § 101(f)(1)(B)(i), sub-
stituted ‘‘March 1’’ for ‘‘April 1’’ in introductory provi-
sions.
Subsec.
(a)(3)(B)
to
(D).
Pub.
L.
103–447,
§ 101(f)(1)(B)(ii), redesignated subpars. (C) and (D) as (B)
and (C), respectively, and struck out former subpar. (B)
which read as follows: ‘‘the significant direct or indi-
rect sources of narcotics and psychotropic drugs and
other controlled substances significantly affecting the
United States;’’.
Subsec. (c). Pub. L. 103–447, § 101(f)(1)(D), (E), redesig-
nated subsec. (d) as (c) and amended heading and text
gen
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 87–195, pt. I, § 490A, as added Pub. L. 102–583, § 5(a), Nov. 2, 1992, 106 Stat. 4927; amended Pub. L. 103–447, title I, § 101(g)(2), Nov. 2, 1994, 108 Stat. 4693, related to annual certification procedures after Sept. 30, 1995.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2291k
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