Transnational Drug Trafficking Act of 2015

To provide the Department of Justice with additional tools to target extraterritorial drug trafficking activity, and for other purposes. 1. Short title This Act may be cited as the Transnational Drug Trafficking Act of 2015 2. Possession, manufacture or distribution for purposes of unlawful importations Section 1009 of the Controlled Substances Import and Export Act ( 21 U.S.C. 959 (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) in subsection (a), by striking It shall It shall be unlawful for any person to manufacture or distribute a controlled substance in schedule I or II or flunitrazepam or a listed chemical intending, knowing, or having reasonable cause to believe that such substance or chemical will be unlawfully imported into the United States or into waters within a distance of 12 miles of the coast of the United States. (b) It shall be unlawful for any person to manufacture or distribute a listed chemical— (1) intending or knowing that the listed chemical will be used to manufacture a controlled substance; and (2) intending, knowing, or having reasonable cause to believe that the controlled substance will be unlawfully imported into the United States. . 3. Trafficking in counterfeit goods or services Chapter 113 (1) in section 2318(b)(2), by striking section 2320(e) section 2320(f) (2) in section 2320— (A) in subsection (a), by striking paragraph (4) and inserting the following: (4) traffics in a drug and knowingly uses a counterfeit mark on or in connection with such drug, ; (B) in subsection (b)(3), in the matter preceding subparagraph (A), by striking counterfeit drug drug that uses a counterfeit mark on or in connection with the drug (C) in subsection (f), by striking paragraph (6) and inserting the following: (6) the term drug 21 U.S.C. 321 . June 3, 2016 Reported from the Committee on the Judiciary June 3, 2016 The Committee on Energy and Commerce

Summary: Transnational Drug Trafficking Act of 2015 (Sec. 2) This bill amends the Controlled Substances Import and Export Act to broaden the scope of persons subject to criminal prosecution for manufacturing or distributing a controlled substance in schedule I or II, a precursor chemical, or flunitrazepam for unlawful import into the United States. The Controlled Substances Act classifies drugs, substances, and chemicals used to make drugs into one of five schedules based on the drug's medical use, potential for abuse, and risk of dependence. Current law prohibits such manufacture or distribution by a person who knows or intends that the substance or chemical will be unlawfully imported. This bill broadens the scope to also prohibit such manufacture or distribution by a person who reasonably believes that the substance or chemical will be unlawfully imported. In addition, this bill prohibits the manufacture or distribution of a precursor chemical by a person who: (1) knows or intends that the chemical will be used to manufacture a controlled substance; and (2) knows, intends, or reasonably believes that the controlled substance will be unlawfully imported into the United States. (Sec. 3) The legislation amends the federal criminal code to replace statutory references to prohibited trafficking in a "counterfeit drug" with references to prohibited trafficking in a "drug that uses a counterfeit mark on or in connection with the drug."