Identification of foreign opioid traffickers

21 U.S.C. § 2311
in effect
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(a) Public report(1) In generalThe 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 personsIf, 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 termIn 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 generalIn 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 prioritizationThe 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) ExclusionThe 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 generalEach report required by paragraph (1) or (2) shall be submitted in unclassified form but may include a classified annex. (B) Availability to publicThe unclassified portion of a report required by paragraph (1) or (2) shall be made available to the public. (b) Classified report(1) In generalThe 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 requirementsThe 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 reportsNot 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) IntelligenceNotwithstanding 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 enforcementNotwithstanding 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 requiredIf 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 constructionNothing 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 reportsThe 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).

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