21 U.S.C. § 2311: Identification of foreign…

Summary

The President must send reports to Congress saying which foreign people the government has named as opioid traffickers, what steps the government has taken, how it is working with Mexico, China, and other countries, and whether any senior Chinese officials helped or should be named as traffickers. If someone new is found after a report, the President must send an extra report about that person. The President must try to focus first on people or companies tied to the People’s Republic of China who ship fentanyl, its chemical precursors, or equipment used to make fentanyl or fake fentanyl pills to Mexico or other countries that send fentanyl into the United States. A “person of the People’s Republic of China” means a Chinese citizen or a company under Chinese law. The unclassified part of each report must be public, but a classified annex is allowed. People already sanctioned before the report do not have to be included. The President must also send a classified report giving details on sanctions, new traffickers, planned actions, and a strategy to find more traffickers. The first reports were due within 180 days after December 20, 2019, and then once a year until December 31, 2030. The Director of National Intelligence or the Attorney General (with other law enforcement leaders) can block naming someone if it would hurt intelligence work or an investigation, or endanger people or property, and they must tell Congress why. The Treasury, Justice, Defense, State, Homeland Security departments, and the Director of National Intelligence must share information with the President and the Director of the Office of National Drug Control Policy so the reports can be made.

Title 21, §2311

Food and Drugs, Source: USLM XML via OLRC

(a)Public report

(1)In general

The President shall submit to the appropriate congressional committees and leadership, in accordance with subsection (c), a report—

(A)identifying the foreign persons that the President determines are foreign opioid traffickers;

(B)detailing progress the President has made in implementing this subchapter;

(C)providing an update on cooperative efforts with the governments of Mexico, the People’s Republic of China, and other countries of concern with respect to combating foreign opioid traffickers; and

(D)assessing whether any senior official of any anti-narcotics, regulatory, law enforcement, intelligence, or customs body of the People’s Republic of China—

(i)has directly or indirectly taken actions that have facilitated or advanced foreign opioid trafficking; and

(ii)should be identified as a foreign opioid trafficker.

(2)Identification of additional persons

If, at any time after submitting a report required by paragraph (1) and before the submission of the next such report, the President determines that a foreign person not identified in the report is a foreign opioid trafficker, the President shall submit to the appropriate congressional committees and leadership an additional report containing the information required by paragraph (1) with respect to the foreign person.

(3)Prioritization

(A)Defined term

In this paragraph, the term “person of the People’s Republic of China” means—

(i)an individual who is a citizen or national of the People’s Republic of China; or

(ii)an entity organized under the laws of the People’s Republic of China or otherwise subject to the jurisdiction of the Government of the People’s Republic of China.

(B)In general

In preparing the report required under paragraph (1), the President shall direct the Secretary of the Treasury to prioritize, to the greatest extent practicable, the identification of persons of the People’s Republic of China involved in the shipment of fentanyl, fentanyl analogues, fentanyl precursors, precursors for fentanyl analogues, pre-precursors for fentanyl and fentanyl analogues, and equipment for the manufacturing of fentanyl and fentanyl-laced counterfeit pills to Mexico or any other country that is involved in the production of fentanyl trafficked into the United States, including—

(i)any entity involved in the production of pharmaceuticals; and

(ii)any person that is acting on behalf of any such entity.

(C)Termination of prioritization

The President shall continue the prioritization required under subparagraph (B) until the President certifies to the appropriate congressional committees that the People’s Republic of China is no longer the primary source for the shipment of fentanyl, fentanyl analogues, fentanyl precursors, precursors for fentanyl analogues, pre-precursors for fentanyl and fentanyl analogues, and equipment for the manufacturing of fentanyl and fentanyl-laced counterfeit pills to Mexico or any other country that is involved in the production of fentanyl trafficked into the United States.

(4)Exclusion

The President shall not be required to include 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.

(5)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 required by paragraph (1) or (2) shall be made available to the public.

(b)Classified report

(1)In general

The President shall submit to the appropriate congressional committees and leadership, in accordance with subsection (c), a report, in classified form—

(A)describing in detail the status of sanctions imposed under this subchapter, including the personnel and resources directed toward 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 activities;

(C)describing actions the President intends to undertake or has undertaken to implement this subchapter; and

(D)providing a strategy for identifying additional foreign opioid traffickers.

(2)Effect on other reporting requirements

The report required by paragraph (1) is in addition to, and in no way delimits or restricts, the obligations of the President to keep Congress 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 December 31, 2030, the President shall submit the reports required by subsections (a) and (b) to the appropriate congressional committees 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 person if the Director of National Intelligence determines that such disclosure could compromise 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 person if the Attorney General, in coordination, as appropriate, with the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, the Secretary of the Treasury, the Secretary of State, and the head of any other appropriate Federal law enforcement agency, determines that such disclosure could reasonably be expected—

(A)to compromise the identity of a confidential 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 prosecution;

(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 Attorney General, as the case may be, shall notify the appropriate congressional committees and leadership of the determination and the reasons for the determination.

(4)Rule of construction

Nothing in this section may be construed to authorize or compel the disclosure of information determined by the President to be law enforcement information, classified information, national security information, or other information 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 National Drug Control Policy the appropriate and necessary information to enable the President to submit the reports required by subsection (a).

Notes & Related Subsidiaries

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 subsec. (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 complete classification of this Act to the Code, see Tables.

Amendments

2025—Subsec. (a)(1)(D). Pub. L. 119–60, § 8315(1)(A), added subpar. (D). Subsec. (a)(3) to (5). Pub. L. 119–60, § 8315(1)(B), (C), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively. Subsec. (c). Pub. L. 119–60, § 8315(2), substituted “

December 31, 2030” for “the date that is 5 years after

December 20, 2019”.

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 Secretary 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 President by section 7426 of the National Defense Authorization 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 functions 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 Treasury, 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 provisions referenced in this memorandum. Sec. 3. The Secretary of State is authorized and directed to publish this memorandum in the Federal Register. Donald J. Trump.

§2311 Identification of Foreign Opioid Traffickers