135 
is primarily engaged in the transmission 
and settlement of credit transactions, elec-
tronic transfers or money transmitting 
services where at least one party to the 
transaction or transfer is an individual; 
and 
‘‘(iv) any other person described in 
paragraph (2)(B) and specified by the 
Board in such regulations, 
to establish policies and procedures that are 
reasonably designed to prevent the introduction 
of a restricted transaction into a payment sys-
tem or the completion of a restricted trans-
action using a payment system 
‘‘(B) REQUIREMENTS FOR POLICIES AND 
PROCEDURES.—In 
promulgating 
regulations 
under subparagraph (A), the Board shall— 
‘‘(i) identify types of policies and pro-
cedures, including nonexclusive examples, 
that shall be considered to be reasonably 
designed to prevent the introduction of re-
stricted transactions into a payment sys-
tem or the completion of restricted trans-
actions using a payment system; and 
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‘‘(ii) to the extent practicable, permit 
any payment system, or person described 
in paragraph (2)(B), as applicable, to 
choose among alternative means of pre-
venting the introduction or completion of 
restricted transactions. 
‘‘(C) NO LIABILITY FOR BLOCKING OR RE-
FUSING
TO
HONOR
RESTRICTED
TRANS-
ACTION.— 
‘‘(i) IN
GENERAL.—A payment sys-
tem, or a person described in paragraph 
(2)(B) that is subject to a regulation 
issued under this subsection, and any par-
ticipant in such payment system that pre-
vents or otherwise refuses to honor trans-
actions in an effort to implement the poli-
cies and procedures required under this 
subsection or to otherwise comply with this 
subsection shall not be liable to any party 
for such action. 
‘‘(ii) COMPLIANCE.—A person de-
scribed in paragraph (2)(B) meets the re-
quirements of this subsection if the person 
relies on and complies with the policies and 
procedures of a payment system of which 
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bajohnson on PROD1PC77 with BILLS
137 
the person is a member or in which the 
person is a participant, and such policies 
and procedures of the payment system 
comply with the requirements of the regu-
lations promulgated under subparagraph 
(A). 
‘‘(D) ENFORCEMENT.— 
‘‘(i) IN GENERAL.—This section shall 
be enforced by the Federal functional regu-
lators and the Federal Trade Commission 
under applicable law in the manner pro-
vided in section 505(a) of the Gramm- 
Leach-Bliley Act (15 U.S.C. 6805(a)). 
‘‘(ii) FACTORS TO BE CONSIDERED.— 
In considering any enforcement action 
under this subsection against a payment 
system or person described in paragraph 
(2)(B), the Federal functional regulators 
and the Federal Trade Commission shall 
consider the following factors: 
‘‘(I) The extent to which the pay-
ment system or person knowingly per-
mits restricted transactions. 
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‘‘(II) The history of the payment 
system or person in connection with 
permitting restricted transactions. 
‘‘(III) The extent to which the 
payment system or person has estab-
lished and is maintaining policies and 
procedures in compliance with regula-
tions prescribed under this subsection. 
‘‘(8) TRANSACTIONS PERMITTED.—A payment 
system, or a person described in paragraph (2)(B) 
that is subject to a regulation issued under this sub-
section, is authorized to engage in transactions with 
foreign pharmacies in connection with investigating 
violations or potential violations of any rule or re-
quirement adopted by the payment system or person 
in connection with complying with paragraph (7). A 
payment system, or such a person, and its agents 
and employees shall not be found to be in violation 
of, or liable under, any Federal, State or other law 
by virtue of engaging in any such transaction. 
‘‘(9) RELATION TO STATE LAWS.—No require-
ment, prohibition, or liability may be imposed on a 
payment system, or a person described in paragraph 
(2)(B) that is subject to a regulation issued under 
this subsection, under the laws of any state with re-
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spect to any payment transaction by an individual 
because the payment transaction involves a payment 
to a foreign pharmacy. 
‘‘(10) TIMING OF REQUIREMENTS.—A payment 
system, or a person described in paragraph (2)(B) 
that is subject to a regulation issued under this sub-
section, must adopt policies and procedures reason-
ably designed to comply with any regulations re-
quired under paragraph (7) within 60 days after 
such regulations are issued in final form.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall take effect on the day that is 90 days 
after the date of enactment of this Act. 
(c) IMPLEMENTATION.—The Board of Governors of 
the Federal Reserve System shall promulgate regulations 
as required by subsection (g)(7) of section 303 of the Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C. 333), as 
added by subsection (a), not later than 90 days after the 
date of enactment of this Act. 
SEC. 9. IMPORTATION EXEMPTION UNDER CONTROLLED 
SUBSTANCES IMPORT AND EXPORT ACT. 
Section 1006(a)(2) of the Controlled Substances Im-
port and Export Act (21 U.S.C. 956(a)(2)) is amended 
by striking ‘‘not import the controlled substance into the 
United States in an amount that exceeds 50 dosage units 
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of the controlled substance.’’ and inserting ‘‘import into 
the United States not more than 10 dosage units com-
bined of all such controlled substances.’’. 
SEC. 10. SEVERABILITY. 
If any provision of this Act, an amendment by this 
Act, or the application of such provision or amendment 
to any person or circumstance is held to be unconstitu-
tional, the remainder of this Act, the amendments made 
by this Act, and the application of the provisions of such 
to any person or circumstance shall not affected thereby. 
Æ 
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