II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. REEXPORTATION OF CONTROLLED SUB4 STANCES. 

5 (a) SHORT TITLE.—This Act may be cited as the 

6 ‘‘Controlled Substances Export Reform Act of 2005’’. 
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1 (b) IN GENERAL.—Section 1003 of the Controlled 

2 Substances Import and Export Act (21 U.S.C. 953) is 

3 amended by adding at the end the following: 

4 ‘‘(f) Notwithstanding subsections (a)(4) and (c)(3), 

5 the Attorney General may authorize any controlled sub6 stance that is in schedule I or II, or is a narcotic drug 

7 in schedule III or IV, to be exported from the United 

8 States to a country for subsequent export from that coun9 try to another country, if each of the following conditions 

10 is met: 

11 ‘‘(1) Both the country to which the controlled 

12 substance is exported from the United States (re13 ferred to in this subsection as the ‘first country’) 

14 and the country to which the controlled substance is 

15 exported from the first country (referred to in this 

16 subsection as the ‘second country’) are parties to the 

17 Single Convention on Narcotic Drugs, 1961, and the 

18 Convention on Psychotropic Substances, 1971. 

19 ‘‘(2) The first country and the second country 

20 have each instituted and maintain, in conformity 

21 with such Conventions, a system of controls of im22 ports of controlled substances which the Attorney 

23 General deems adequate. 

24 ‘‘(3) With respect to the first country, the con25 trolled substance is consigned to a holder of such 
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1 permits or licenses as may be required under the 

2 laws of such country, and a permit or license to im3 port the controlled substance has been issued by the 

4 country. 

5 ‘‘(4) With respect to the second country, sub6 stantial evidence is furnished to the Attorney Gen7 eral by the person who will export the controlled 

8 substance from the United States that— 

9 ‘‘(A) the controlled substance is to be con10 signed to a holder of such permits or licenses 

11 as may be required under the laws of such 

12 country, and a permit or license to import the 

13 controlled substance is to be issued by the coun14 try; and 

15 ‘‘(B) the controlled substance is to be ap16 plied exclusively to medical, scientific, or other 

17 legitimate uses within the country. 

18 ‘‘(5) The controlled substance will not be ex19 ported from the second country. 

20 ‘‘(6) Within 30 days after the controlled sub21 stance is exported from the first country to the sec22 ond country, the person who exported the controlled 

23 substance from the United States delivers to the At24 torney General documentation certifying that such 

25 export from the first country has occurred. 
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1 ‘‘(7) A permit to export the controlled sub2 stance from the United States has been issued by 

3 the Attorney General.’’. 

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