[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1395 Considered and Passed Senate (CPS)]







109th CONGRESS
  1st Session
                                S. 1395

  To amend the Controlled Substances Import and Export Act to provide 
     authority for the Attorney General to authorize the export of 
  controlled substances from the United States to another country for 
  subsequent export from that country to a second country, if certain 
                conditions and safeguards are satisfied.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2005

 Mr. Hatch (for himself and Mr. Biden) introduced the following bill; 
   which was read twice, considered, read the third time, and passed

_______________________________________________________________________

                                 A BILL


 
  To amend the Controlled Substances Import and Export Act to provide 
     authority for the Attorney General to authorize the export of 
  controlled substances from the United States to another country for 
  subsequent export from that country to a second country, if certain 
                conditions and safeguards are satisfied.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REEXPORTATION OF CONTROLLED SUBSTANCES.

    (a) Short Title.--This Act may be cited as the ``Controlled 
Substances Export Reform Act of 2005''.
    (b) In General.--Section 1003 of the Controlled Substances Import 
and Export Act (21 U.S.C. 953) is amended by adding at the end the 
following:
    ``(f) Notwithstanding subsections (a)(4) and (c)(3), the Attorney 
General may authorize any controlled substance that is in schedule I or 
II, or is a narcotic drug in schedule III or IV, to be exported from 
the United States to a country for subsequent export from that country 
to another country, if each of the following conditions is met:
            ``(1) Both the country to which the controlled substance is 
        exported from the United States (referred to in this subsection 
        as the `first country') and the country to which the controlled 
        substance is exported from the first country (referred to in 
        this subsection as the `second country') are parties to the 
        Single Convention on Narcotic Drugs, 1961, and the Convention 
        on Psychotropic Substances, 1971.
            ``(2) The first country and the second country have each 
        instituted and maintain, in conformity with such Conventions, a 
        system of controls of imports of controlled substances which 
        the Attorney General deems adequate.
            ``(3) With respect to the first country, the controlled 
        substance is consigned to a holder of such permits or licenses 
        as may be required under the laws of such country, and a permit 
        or license to import the controlled substance has been issued 
        by the country.
            ``(4) With respect to the second country, substantial 
        evidence is furnished to the Attorney General by the person who 
        will export the controlled substance from the United States 
        that--
                    ``(A) the controlled substance is to be consigned 
                to a holder of such permits or licenses as may be 
                required under the laws of such country, and a permit 
                or license to import the controlled substance is to be 
                issued by the country; and
                    ``(B) the controlled substance is to be applied 
                exclusively to medical, scientific, or other legitimate 
                uses within the country.
            ``(5) The controlled substance will not be exported from 
        the second country.
            ``(6) Within 30 days after the controlled substance is 
        exported from the first country to the second country, the 
        person who exported the controlled substance from the United 
        States delivers to the Attorney General documentation 
        certifying that such export from the first country has 
        occurred.
            ``(7) A permit to export the controlled substance from the 
        United States has been issued by the Attorney General.''.
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