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[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.
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