Editorial Notes
Codification

Section was enacted as part of the Fighting Emerging Narcotics Through Additional Nations to Yield Lasting Results Act, also known as the FENTANYL Results Act, and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.

Statutory Notes and Related Subsidiaries
Rule of Construction

Pub. L. 117–263, div. E, title LV, § 5557, Dec. 23, 2022, 136 Stat. 3344, provided that: “Nothing in this subtitle [subtitle C (§§ 5551–5558) of title LV of div. E of Pub. L. 117–263, see Short Title of 2022 Amendment note set out under section 2151 of this title] or the amendments made by this subtitle shall be construed to affect the prioritization of extradition requests.”

Definitions

Pub. L. 117–263, div. E, title LV, § 5558, Dec. 23, 2022, 136 Stat. 3344, provided that: “In this subtitle [subtitle C (§§ 5551–5558) of title LV of div. E of Pub. L. 117–263, see Short Title of 2022 Amendment note set out under section 2151 of this title]:

“(1)
Controlled substance; controlled substance analogue.—
The terms ‘controlled substance’ and ‘controlled substance analogue’ have the meanings given those terms in section 102 of the Controlled Substances Act (21 U.S.C. 802).
“(2)
Covered synthetic drug.—
The term ‘covered synthetic drug’ means—
“(A)
a synthetic controlled substance or synthetic controlled substance analogue, including fentanyl or a fentanyl analogue; or
“(B)
a new psychoactive substance.
“(3)
New psychoactive substance.—
The term ‘new psychoactive substance’ means a substance of abuse, or any preparation thereof, that—
“(A)
is not—
“(i)
included in any schedule as a controlled substance under the Controlled Substances Act (21 U.S.C. 801 et seq.); or
“(ii)
controlled by the Single Convention on Narcotic Drugs, done at New York March 30, 1961, or the Convention on Psychotropic Substances, done at Vienna February 21, 1971;
“(B)
is new or has reemerged on the illicit market; and
“(C)
poses a threat to the public health and safety.”