F:\R12\1ST\RH\H313JUD_RH.XMLDBellis3casterkx10/7/2011 16:34f:\VHLC\100711\100711.218.xml10/07/2011 16:34:24casterkxx:\xx\xxxxxx\xxxxxx.xxx.xmlxx/xx/xxxx xx:xx:xx xxcasterkx [Discussion Draft] H.L.C. (Original Signature of Member) [DISCUSSION DRAFT]

I ---- Calendar No. 112th CONGRESS 1st Session H. R. 313 [Report No. 112–] IN THE HOUSE OF REPRESENTATIVES January 18, 2011 Mr. Smith of Texas (for himself and Mr. Schiff) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, 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 October --, 2011 Reported from the Committee on the Judiciary with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL To amend the Controlled Substances Act to clarify that persons who enter into a conspiracy within the United States to possess or traffic illegal controlled substances outside the United States, or engage in conduct within the United States to aid or abet drug trafficking outside the United States, may be criminally prosecuted in the United States, and for other purposes.

1.

Short title

This Act may be cited as the Drug Trafficking Safe Harbor Elimination Act of 2011.

2.

Amendments to the Controlled Substances Act to clarify conspiracies conducted within the United States may be criminally prosecuted in the United States

Section 406 of the Controlled Substances Act (21 U.S.C. 846) is amended by— (1)inserting (a) before Any; and (2)inserting at the end the following: (b)Whoever, within the United States, conspires with one or more persons, or aids or abets one or more persons, regardless of where such other persons are located, to engage in conduct at any place outside the United States that would constitute a violation of this title if committed within the United States, shall be subject to the same penalties that would apply to such conduct if it were to occur within the United States. .

1.

Short title

This Act may be cited as the Drug Trafficking Safe Harbor Elimination Act of 2011.

2.

Amendments to the Controlled Substances Act to clarify conspiracies conducted within the United States may be criminally prosecuted in the United States

Section 406 of the Controlled Substances Act (21 U.S.C. 846) is amended by— (1)inserting (a) before Any; and (2)inserting at the end the following: (b)Whoever, within the United States, conspires with one or more persons, or aids or abets one or more persons, regardless of where such other persons are located, to engage in conduct at any place outside the United States that would constitute a violation of this title, other than a violation of section 404(a), if committed within the United States, shall be subject to the same penalties that would apply to such conduct if it were to occur within the United States..