[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1395 Enrolled Bill (ENR)]
S.1395
One Hundred Ninth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fourth day of January, two thousand and five
An Act
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.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.