[Congressional Record Volume 156, Number 53 (Thursday, April 15, 2010)]
[Senate]
[Page S2388]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CONRAD (for himself and Mr. Sessions):
  S. 3218. 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; to the 
Committee on the Judiciary.
  Mr. CONRAD. Mr. President, the trafficking and use of illegal drugs 
is an ongoing challenge in our Nation. It is incumbent upon the 
Government to seek to prevent the flow of drugs into the country, and 
limit the availability of drugs on our streets and in our communities. 
It is for that purpose that I introduce the Drug Trafficking Safe 
Harbor Elimination Act of 2010 with Senator Sessions.
  This bill will close a loophole that could allow drug traffickers, 
under certain circumstances, to operate with impunity in the United 
States. In United States v. Lopez-Vanegas, the Eleventh Circuit Court 
of Appeals held that where the object of a conspiracy is to possess 
controlled substances outside the United States with the intent to 
distribute outside the United States, there is no violation of U.S. 
law, even if the conspiracy, including meetings, negotiations, and 
arrangements to execute the drug transaction, occurs on U.S. soil.
  Although a particular conspiracy may not be intended to bring illegal 
drugs into the U.S., the same traffickers could very well act to bring 
drugs across our own borders as their next crime. If we have a chance 
to prosecute such criminals, we should do so.
  In the Lopez-Vanegas case, the court stated that the statute relied 
upon by Federal prosecutors could not be extended to conspiracies to 
act outside of the U.S. because Congress had not expressed its 
intention for the statute to be applied in such a manner. This 
legislation provides Congress an opportunity to clarify its position.
  While the binding effect of the Lopez-Vanegas case is now limited to 
the Eleventh Circuit, it may influence other federal jurisdictions to 
issue similar decisions. A wide-scale adoption of the reasoning in this 
case could establish the United States as a safe haven for 
international drug cartels, damage our relationships with the law 
enforcement authorities of other nations, and hinder global 
coordination to combat drug trafficking. Further, the profits and 
operational capacities generated by extraterritorial drug transactions 
could very well bolster the ability of drug cartels to distribute drugs 
in the United States in the future. For these reasons, it is important 
to close this loophole and give law enforcement the ability to 
prosecute all drug trafficking conspiracies conducted in the United 
States.
                                 ______