
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC1903]

 
                        TITLE 21--FOOD AND DRUGS
 
             CHAPTER 24--INTERNATIONAL NARCOTICS TRAFFICKING
 
Sec. 1903. Public identification of significant foreign 
        narcotics traffickers and required reports
        

(a) Provision of information to the President

    The Secretary of the Treasury, the Attorney General, the Secretary 
of Defense, the Secretary of State, and the Director of Central 
Intelligence shall consult among themselves and provide the appropriate 
and necessary information to enable the President to submit the report 
under subsection (b) of this section. This information shall also be 
provided to the Director of the Office of National Drug Control Policy.

(b) Public identification and sanctioning of significant foreign 
        narcotics traffickers

    Not later than June 1, 2000, and not later than June 1 of each year 
thereafter, the President shall submit a report to the Permanent Select 
Committee on Intelligence, and the Committees on the Judiciary, 
International Relations, Armed Services, and Ways and Means of the House 
of Representatives; and to the Select Committee on Intelligence, and the 
Committees on the Judiciary, Foreign Relations, Armed Services, and 
Finance of the Senate--
        (1) identifying publicly the foreign persons that the President 
    determines are appropriate for sanctions pursuant to this chapter; 
    and
        (2) detailing publicly the President's intent to impose 
    sanctions upon these significant foreign narcotics traffickers 
    pursuant to this chapter.

The report required in this subsection shall not include information on 
persons upon which United States sanctions imposed under this chapter, 
or otherwise on account of narcotics trafficking, are already in effect.

(c) Unclassified report required

    The report required by subsection (b) of this section shall be 
submitted in unclassified form and made available to the public.

(d) Classified report

    (1) Not later than July 1, 2000, and not later than July 1 of each 
year thereafter, the President shall provide the Permanent Select 
Committee on Intelligence of the House of Representatives and the Select 
Committee on Intelligence of the Senate with a report in classified form 
describing in detail the status of the sanctions imposed under this 
chapter, including the personnel and resources directed towards the 
imposition of such sanctions during the preceding fiscal year, and 
providing background information with respect to newly-identified 
significant foreign narcotics traffickers and their activities.
    (2) Such classified report shall describe actions the President 
intends to undertake or has undertaken with respect to such significant 
foreign narcotics traffickers.
    (3) The report required under this subsection is in addition to the 
President's obligations to keep the intelligence committees of Congress 
fully and currently informed pursuant to the provisions of the National 
Security Act of 1947.

(e) Exclusion of certain information

                          (1) Intelligence

        Notwithstanding any other provision of this section, the reports 
    described in subsections (b) and (d) of this section shall not 
    disclose the identity of any person, if the Director of Central 
    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, the reports 
    described in subsections (b) and (d) of this section shall not 
    disclose the name 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, and the Secretary of the Treasury, determines that 
    such disclosure could reasonably be expected to--
            (A) 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) jeopardize the integrity or success of an ongoing 
        criminal investigation or prosecution;
            (C) endanger the life or physical safety of any person; or
            (D) cause substantial harm to physical property.

(f) Notification required

    (1) Whenever either the Director of Central Intelligence or the 
Attorney General makes a determination under subsection (e) of this 
section, the Director of Central Intelligence or the Attorney General 
shall notify the Permanent Select Committee on Intelligence of the House 
of Representatives and the Select Committee on Intelligence of the 
Senate, and explain the reasons for such determination.
    (2) The notification required under this subsection shall be 
submitted to the Permanent Select Committee on Intelligence of the House 
of Representatives and the Select Committee on Intelligence of the 
Senate not later than July 1, 2000, and on an annual basis thereafter.

(g) Determinations not to apply sanctions

    (1) The President may waive the application to a significant foreign 
narcotics trafficker of any sanction authorized by this chapter if the 
President determines that the application of sanctions under this 
chapter would significantly harm the national security of the United 
States.
    (2) When the President determines not to apply sanctions that are 
authorized by this chapter to any significant foreign narcotics 
trafficker, the President shall notify the Permanent Select Committee on 
Intelligence, and the Committees on the Judiciary, International 
Relations, Armed Services, and Ways and Means of the House of 
Representatives, and the Select Committee on Intelligence, and the 
Committees on the Judiciary, Foreign Relations, Armed Services, and 
Finance of the Senate not later than 21 days after making such 
determination.

(h) Changes in determinations to impose sanctions

                    (1) Additional determinations

        (A) If at any time after the report required under subsection 
    (b) of this section the President finds that a foreign person is a 
    significant foreign narcotics trafficker and such foreign person has 
    not been publicly identified in a report required under subsection 
    (b) of this section, the President shall submit an additional public 
    report containing the information described in subsection (b) of 
    this section with respect to such foreign person to the Permanent 
    Select Committee on Intelligence, and the Committees on the 
    Judiciary, International Relations, Armed Services, and Ways and 
    Means of the House of Representatives, and the Select Committee on 
    Intelligence, and the Committees on the Judiciary, Foreign 
    Relations, Armed Services, and Finance of the Senate.
        (B) The President may apply sanctions authorized under this 
    chapter to the significant foreign narcotics trafficker identified 
    in the report submitted under subparagraph (A) as if the trafficker 
    were originally included in the report submitted pursuant to 
    subsection (b) of this section.
        (C) The President shall notify the Secretary of the Treasury of 
    any determination made under this paragraph.

                   (2) Revocation of determination

        (A) Whenever the President finds that a foreign person that has 
    been publicly identified as a significant foreign narcotics 
    trafficker in the report required under subsection (b) of this 
    section or this subsection no longer engages in those activities for 
    which sanctions under this chapter may be applied, the President 
    shall issue public notice of such a finding.
        (B) Not later than the date of the public notice issued pursuant 
    to subparagraph (A), the President shall notify, in writing and in 
    classified or unclassified form, the Permanent Select Committee on 
    Intelligence, and the Committees on the Judiciary, International 
    Relations, Armed Services, and Ways and Means of the House of 
    Representatives, and the Select Committee on Intelligence, and the 
    Committees on the Judiciary, Foreign Relations, Armed Services, and 
    Finance of the Senate of actions taken under this paragraph and a 
    description of the basis for such actions.

(Pub. L. 106-120, title VIII, Sec. 804, Dec. 3, 1999, 113 Stat. 1626.)

                       References in Text

    The National Security Act of 1947, referred to in subsec. (d)(3), is 
act July 26, 1947, ch. 343, 61 Stat. 495, as amended. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 401 of Title 50, War and National Defense, and Tables.

                  Section Referred to in Other Sections

    This section is referred to in sections 1904, 1907 of this title.
