21 U.S.C. § 1903 : US Code - Section 1903: Public identification of significant foreign narcotics traffickers and required reports

Search 21 U.S.C. § 1903 : US Code - Section 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.