IB 

Union Calendar No. 222 

112TH CONGRESS 

1ST SESSION H. R. 313 

[Report No. 112–324, Part I] 

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. 

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 

DECEMBER 12, 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] 

DECEMBER 12, 2011 

The Committee on Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be 

printed 


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•HR 313 RH

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. 


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•HR 313 RH

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 ‘‘Drug Trafficking Safe 

5 Harbor Elimination Act of 2011’’. 

6 SEC. 2. AMENDMENTS TO THE CONTROLLED SUBSTANCES 

7 ACT TO CLARIFY CONSPIRACIES CONDUCTED 

8 WITHIN THE UNITED STATES MAY BE CRIMI9 NALLY PROSECUTED IN THE UNITED STATES. 

10 Section 406 of the Controlled Substances Act (21 

11 U.S.C. 846) is amended by— 

12 (1) inserting ‘‘(a)’’ before ‘‘Any’’; and 

13 (2) inserting at the end the following: 

14 ‘‘(b) Whoever, within the United States, conspires 

15 with one or more persons, or aids or abets one or more 

16 persons, regardless of where such other persons are lo17 cated, to engage in conduct at any place outside the 

18 United States that would constitute a violation of this title 

19 if committed within the United States, shall be subject to 

20 the same penalties that would apply to such conduct if 

21 it were to occur within the United States.’’. 

22 SECTION 1. SHORT TITLE. 

23 This Act may be cited as the ‘‘Drug Trafficking Safe 

24 Harbor Elimination Act of 2011’’. 


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•HR 313 RH

1 SEC. 2. AMENDMENTS TO THE CONTROLLED SUBSTANCES 

2 ACT TO CLARIFY CONSPIRACIES CONDUCTED 

3 WITHIN THE UNITED STATES MAY BE CRIMI4 NALLY PROSECUTED IN THE UNITED STATES. 

5 Section 406 of the Controlled Substances Act (21 

6 U.S.C. 846) is amended by— 

7 (1) inserting ‘‘(a)’’ before ‘‘Any’’; and 

8 (2) inserting at the end the following: 

9 ‘‘(b) Whoever, within the United States, conspires with 

10 one or more persons, or aids or abets one or more persons, 

11 regardless of where such other persons are located, to engage 

12 in conduct at any place outside the United States that 

13 would constitute a violation of this title, other than a viola14 tion of section 404(a), if committed within the United 

15 States, shall be subject to the same penalties that would 

16 apply to such conduct if it were to occur within the United 

17 States.’’. 


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Union Calendar No. 222 

112TH CONGRESS 

1ST SESSION H. R. 313 

[Report No. 112–324, Part I] 

A BILL 

To amend the Controlled Substances Act to clarify 

United States, and for other purposes. States, may be criminally prosecuted in the aid or abet drug trafficking outside the United engage in conduct within the United States to trolled substances outside the United States, or the United States to possess or traffic illegal conthat persons who enter into a conspiracy within 

DECEMBER 12, 2011 

Reported from the Committee on the Judiciary with an 

amendment 

DECEMBER 12, 2011 

The Committee on Energy and Commerce discharged; 

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


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