IB 

Union Calendar No. 99 

109TH CONGRESS 

1ST SESSION H. R. 184 

[Report No. 109–115, Parts I and II] 

To amend the Controlled Substances Import and Export Act to provide 

authority to the Attorney General to 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 certain conditions are 

met. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 2005 

Mr. PITTS (for himself, Ms. ESHOO, Mr. CANNON, Mr. BISHOP of Utah, and 

Mr. CUNNINGHAM) introduced the following bill; which was referred to 

the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

JUNE 9, 2005 

Reported from the Committee on Energy and Commerce with amendments 

[Omit the part struck through in brackets and insert the part printed in italic] 

JUNE 9, 2005 

Referral to the Committee on the Judiciary extended for a period ending not 

later than July 11, 2005 

JULY 11, 2005 

Additional sponsors: Mr. BROWN of Ohio, Mr. MATHESON, Mr. RAMSTAD, Mr. 

GERLACH, and Mr. WELDON of Pennsylvania 

JULY 11, 2005 

Reported from the Committee on the Judiciary with an amendment, committed to the Committee of the Whole House on the State of the Union, 

and ordered to be printed 
2 

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[Strike out all after the enacting clause and insert the part printed in boldface roman] 

A BILL 

To amend the Controlled Substances Import and Export 

Act to provide authority to the Attorney General to 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 certain conditions are met. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Controlled Substances 

5 Export Reform Act of 2005’’. 

6 SEC. 2. SUBSEQUENT EXPORT OF CONTROLLED SUB7 STANCES. 

8 Section 1003 of the Controlled Substances Import 

9 and Export Act (21 U.S.C. 953) is amended by adding 

10 at the end the following subsection: 

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

12 the Attorney General may authorize any controlled sub13 stance that is in schedule I øor II¿ or II, or is a narcotic 

14 drug in schedule III øor IV¿ or IV, to be exported from 

15 the United States to a country for subsequent export from 
3 

•HR 184 RH 

1 that country to another country, if each of the following 

2 conditions is met: 

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

4 substance is exported from the United States (re5 ferred to in this subsection as the ‘first country’) 

6 and the country to which the controlled substance is 

7 exported from the first country (referred to in this 

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

9 Single Convention on Narcotic Drugs, 1961, and the 

10 Convention on Psychotropic Substances, 1971. 

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

12 have each instituted and maintain, in conformity 

13 with such Conventions, a system of controls of im14 ports of controlled substances which the Attorney 

15 General deems adequate. 

16 ‘‘(3) With respect to the first country, the con17 trolled substance is consigned to a holder of such 

18 permits or licenses as may be required under the 

19 laws of such country, and a permit or license to im20 port the controlled substance has been issued by the 

21 country. 

22 ‘‘(4) With respect to the second country, sub23 stantial evidence is furnished to the Attorney Gen24 eral by the person who will export the controlled 

25 substance from the United States that— 
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1 ‘‘(A) the controlled substance is to be con2 signed to a holder of such permits or licenses 

3 as may be required under the laws of such 

4 country, and a permit or license to import the 

5 controlled substance is to be issued by the coun6 try; and 

7 ‘‘(B) the controlled substance is to be ap8 plied exclusively to medical, scientific, or other 

9 legitimate uses within the country. 

10 ‘‘(5) The controlled substance will not be ex11 ported from the second country. 

12 ‘‘(6) Within 30 days after the controlled sub13 stance is exported from the first country to the sec14 ond country, the person who exported the controlled 

15 substance from the United States delivers to the At16 torney General documentation certifying that such 

17 export from the first country has occurred. 

18 ‘‘(7) A permit to export the controlled sub19 stance from the United States has been issued by 

20 the Attorney General.’’. 

21 SECTION 1. SHORT TITLE. 

22 This Act may be cited as the ‘‘Controlled 

23 Substances Export Reform Act of 2005’’. 
5 

•HR 184 RH 

1 SEC. 2. SUBSEQUENT EXPORT OF CONTROLLED SUB2 STANCES. 

3 Section 1003 of the Controlled Substances 

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

5 amended by adding at the end the following 

6 subsection: 

7 ‘‘(f) Notwithstanding subsections (a)(4) 

8 and (c)(3), the Attorney General may author9 ize any controlled substance that is in sched10 ule I or II, or is a narcotic drug in schedule 

11 III or IV, to be exported from the United 

12 States to a country for subsequent export 

13 from that country to another country, if each 

14 of the following conditions is met: 

15 ‘‘(1) Both the country to which the 

16 controlled substance is exported from the 

17 United States (referred to in this sub18 section as the ‘first country’) and the 

19 country to which the controlled sub20 stance is exported from the first country 

21 (referred to in this subsection as the ‘sec22 ond country’) are parties to the Single 

23 Convention on Narcotic Drugs, 1961, and 

24 the Convention on Psychotropic Sub25 stances, 1971. 
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1 ‘‘(2) The first country and the second 

2 country have each instituted and main3 tain, in conformity with such Conven4 tions, a system of controls of imports of 

5 controlled substances which the Attorney 

6 General deems adequate. 

7 ‘‘(3) With respect to the first country, 

8 the controlled substance is consigned to a 

9 holder of such permits or licenses as may 

10 be required under the laws of such coun11 try, and a permit or license to import the 

12 controlled substance has been issued by 

13 the country. 

14 ‘‘(4) With respect to the second coun15 try, substantial evidence is furnished to 

16 the Attorney General by the person who 

17 will export the controlled substance from 

18 the United States that—

19 ‘‘(A) the controlled substance is to 

20 be consigned to a holder of such per21 mits or licenses as may be required 

22 under the laws of such country, and a 

23 permit or license to import the con24 trolled substance is to be issued by 

25 the country; and 
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1 ‘‘(B) the controlled substance is to 

2 be applied exclusively to medical, sci3 entific, or other legitimate uses with4 in the country. 

5 ‘‘(5) The controlled substance will not 

6 be exported from the second country. 

7 ‘‘(6) Within 30 days after the con8 trolled substance is exported from the 

9 first country to the second country, the 

10 person who exported the controlled sub11 stance from the United States delivers to 

12 the Attorney General documentation cer13 tifying that such export from the first 

14 country has occurred. 

15 ‘‘(7) A permit to export the controlled 

16 substance from the United States has 

17 been issued by the Attorney General.’’. 
Union Calendar No. 99 

109TH CONGRESS 

1ST SESSION H. R. 184 

[Report No. 109–115, Parts I and II] 

A BILL 

To amend the Controlled Substances Import and 

conditions are met. from that country to another country, if certain United States to a country for subsequent export in schedule III or IV to be exported from the that is in schedule I or II or is a narcotic drug General to authorize any controlled substance Export Act to provide authority to the Attorney 

JUNE 9, 2005 

Reported from the Committee on Energy and Commerce 

with amendments 

JUNE 9, 2005 

Referral to the Committee on the Judiciary extended for 

a period ending not later than July 11, 2005 

JULY 11, 2005 

Reported from the Committee on the Judiciary with an 

printed House on the State of the Union, and ordered to be amendment, committed to the Committee of the Whole