Editorial Notes
References in Text
Section 2015 of the International Narcotics Act of 1986, referred to in subsec. (a)(2)(A), probably means section 2015 of the International Narcotics Control Act of 1986, Pub. L. 99–570, which was set out as a note under section 1902 of the former Appendix to Title 46, Shipping, prior to being repealed by Pub. L. 103–447, title I, § 103(c), Nov. 2, 1994, 108 Stat. 4694.
Paragraph (3), referred to in subsec. (a)(4) to (7), means par. (3) of subsec. (a), which was amended by Pub. L. 103–447, § 101(f)(1)(B)(ii), by striking out subpar. (B) relating to sources of narcotics and psychotropic drugs and other controlled substances and redesignating subpars. (C) and (D) as (B) and (C), respectively. See 1994 Amendment note below.
Section 7217(a) of the Fentanyl Sanctions Act, referred to in subsec. (a)(9)(A), is section 7217(a) of Pub. L. 116–92, div. F, title LXXII, 133 Stat. 2269, which is not classified to the Code.
The Controlled Substances Act, referred to in subsec. (a)(10)(C), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. Title II of Pub. L. 91–513 does not itself contain a title II, but it does contain a part B, with provisions relating to controlled substance schedules, which is classified generally to part B (§ 811 et seq.) of subchapter I of chapter 13 of Title 21. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables.
Section 5558 of the FENTANYL Results Act, referred to in subsec. (a)(12)(C), is section 5558 of subtitle C of title LV of div. E of Pub. L. 117–263, which is set out as a note under section 2291l of this title.
Prior Provisions
A prior section 2291h, Pub. L. 87–195, pt. I, § 489, as added Pub. L. 100–690, title IV, § 4507, Nov. 18, 1988, 102 Stat. 4286, related to permissible uses of aircraft and other equipment, prior to amendment by Pub. L. 102–583, § 4(f)(2), Nov. 2, 1992, 106 Stat. 4917, which also transferred subsecs. (a) and (b) to section 2291c(b) and (c) of this title, respectively, and repealed the designation, heading, and subsecs. (c) and (d).
Amendments
2022—Subsec. (a)(10), (11). Pub. L. 117–263, § 5555(a)(1), redesignated second par. (10), relating to separate section that contains identification of the countries that are the most significant sources of illicit fentanyl and fentanyl analogues, as (11).
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 identification 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 separate section that contains an identification of all United States Government-supported units funded by the Bureau of International Narcotics and Law Enforcement 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. Section 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), substituted “March 1” for “April 1” in introductory provisions.
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 indirect 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), redesignated subsec. (d) as (c) and amended heading and text generally. Prior to amendment, text read as follows: “This section applies only during fiscal years 1993 and 1994. Section 2291i of this title does not apply during those fiscal years.”
Pub. L. 103–447, § 101(f)(1)(C), struck out heading and text of subsec. (c). Text read as follows: “As used in this section—
“(1) the term ‘precursor chemical’ has the same meaning as the term ‘listed chemical’ has under paragraph (33) of section 802 of title 21; and
“(2) the term ‘major money laundering country’ means a country whose financial institutions engage in currency transactions involving significant amounts of proceeds from international narcotics trafficking.”
Subsec. (d). Pub. L. 103–447, § 101(f)(1)(D), redesignated subsec. (d) as (c).
Statutory Notes and Related Subsidiaries
Rule of Construction
Nothing in subtitle C (§§ 5551–5558) of title LV of div. E of Pub. L. 117–263, or the amendments made by that subtitle to be construed as affecting the prioritization of extradition requests, see section 5557 of Pub. L. 117–263, set out as a note under section 2291l of this title.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Plan To Address Diversion of Precursor Chemicals
Pub. L. 109–177, title VII, § 722(d), Mar. 9, 2006, 120 Stat. 269, required the Secretary of State, not later than 180 days after the date on which the President transmits the report required by subsec. (a) of this section, to submit to Congress a comprehensive plan to address the diversion of the chemicals described in subsec. (a)(8)(A)(i) of this section to the illicit production of methamphetamine for each identified country for which the President has not submitted a certification under section 2291j(b) of this title.
Statutory References to Annual Reports, Certifications, and Definitions
Pub. L. 102–583, § 6(a), Nov. 2, 1992, 106 Stat. 4932, provided that after Sept. 30, 1994, any reference in any provision of law to section 2291h or 2291j of this title would be deemed a reference to the corresponding provision of section 2291i or 2291k of this title, respectively, unless the context required otherwise; any reference in any provision of law enacted before Nov. 2, 1992, to section 2291(e) or (i) of this title be deemed a reference to section 2291h or 2291(e) of this title, respectively; and that any reference in any provision of law enacted before Nov. 2, 1992, to section 2291(h) of this title be deemed, as of Oct. 1, 1992, to be a reference to section 2291j of this title, prior to repeal by Pub. L. 103–447, title I, § 103(a), Nov. 2, 1994, 108 Stat. 4693.
Executive Documents