Title 21 — Food and Drugs

Chapter 28 — Sanctions with Respect to Foreign Traffickers of Illicit Synthetic Opioids

§ 2311. Identification of foreign opioid traffickers

Statutory text

Public report

In general

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

identifying the foreign persons that the President determines are foreign opioid traffickers;

detailing progress the President has made in implementing this subchapter;

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

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

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

should be identified as a foreign opioid trafficker.

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.

Prioritization

Defined term

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

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

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.

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—

any entity involved in the production of pharmaceuticals; and

any person that is acting on behalf of any such entity.

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.

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.

Form of report

In general

Each report required by paragraph (1) or (2) shall be submitted in unclassified form but may include a classified annex.

Availability to public

The unclassified portion of a report required by paragraph (1) or (2) shall be made available to the public.

Classified report

In general

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

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;

providing background information with respect to persons newly identified as foreign opioid traffickers and their illicit activities;

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

providing a strategy for identifying additional foreign opioid traffickers.

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.).

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.

Exclusion of certain information

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.

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—

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;

to jeopardize the integrity or success of an ongoing criminal investigation or prosecution;

to endanger the life or physical safety of any person; or

to cause substantial harm to physical property.

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.

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.

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).

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2019
Fentanyl Sanctions Act
Pub. L. 116–92 div. F title LXXII § 7211 · 133 Stat. 1198
Enacted · 21 U.S.C. § 2311
Pub. L. 116–92, div. F, title LXXII, § 7211, Dec. 20, 2019, 133 Stat. 2263
Source evidence
Code source credit
Pub. L. 116–92, div. F, title LXXII, § 7211, Dec. 20, 2019, 133 Stat. 2263
Enacted provision · exact public law section
SEC. 7211. IDENTIFICATION OF FOREIGN OPIOID TRAFFICKERS. (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 subtitle; and (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. (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) 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 subtitle or any other provision of law with respect to opioid trafficking. (4) 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 subtitle, 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 subtitle; 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 the date of the enactment of this Act, and annually thereafter until the date that is 5 years after such date of enactment, 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).
2025
Pub. L. 119–60 § 8315(1)(A) · 139 Stat. 1857
Added · 21 U.S.C. § 2311(a)(1)(D)
Pub. L. 119–60, § 8315(1)(A), added subpar. (D)
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(1)(D). Pub. L. 119–60, § 8315(1)(A), added subpar. (D).
2025
Pub. L. 119–60 § 8315(1)(B) · 139 Stat. 1857
1. Added · 21 U.S.C. § 2311(a)(3)(5)
  Pub. L. 119–60, § 8315(1)(B), (C), added par. (3)
2. Redesignated · 21 U.S.C. § 2311(a)(3)(5)
  Pub. L. 119–60, § 8315(1)(B), (C), redesignated former pars. (3) and (4) as (4) and (5), respectively
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
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.
2025
Pub. L. 119–60 § 8315(2) · 139 Stat. 1857
Substituted · 21 U.S.C. § 2311(c)
Pub. L. 119–60, § 8315(2), substituted “December 31, 2030” for “the date that is 5 years after December 20, 2019”
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c). Pub. L. 119–60, § 8315(2), substituted “December 31, 2030” for “the date that is 5 years after December 20, 2019”.

1 of 5 references resolved to an enrolled provision · 4 unresolved

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.

Credits

2019–2025 · 2 acts

2019Pub. L. 116–92, div. F, title LXXII, § 7211, Dec. 20, 2019, 133 Stat. 2263
2025Pub. L. 119–60, div. H, title LXXXIII, § 8315, Dec. 18, 2025, 139 Stat. 1857.

Show as published

(Pub. L. 116–92, div. F, title LXXII, § 7211, Dec. 20, 2019, 133 Stat. 2263; Pub. L. 119–60, div. H, title LXXXIII, § 8315, Dec. 18, 2025, 139 Stat. 1857.)