[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1642 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1642

To prohibit narco-terrorists from aiding and supporting terrorists and 
                        terrorist organizations.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 8, 2005

  Mr. Cornyn introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To prohibit narco-terrorists from aiding and supporting terrorists and 
                        terrorist organizations.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROHIBITION OF NARCO-TERRORISM.

    Part A of the Controlled Substance Import and Export Act (21 U.S.C. 
951 et seq.) is amended by inserting after section 1010 the following:

    ``narco-terrorists who aid and support terrorists or terrorist 
                             organizations

    ``Sec. 1010A. (a) Prohibited Acts.--It shall be unlawful, in a 
circumstance described in subsection (c), to manufacture, distribute, 
import, export, or possess with intent to distribute or manufacture a 
controlled substance, or to attempt or conspire to do so, knowing or 
intending that such activity, directly or indirectly, aid or provide 
support, resources, or anything of pecuniary value to--
            ``(1) a terrorist organization; or
            ``(2) any person or group involved in the planning, 
        preparation for, or carrying out of, a terrorist offense.
    ``(b) Penalties.--Whoever violates subsection (a)--
            ``(1) shall be fined under title 18, United States Code, 
        imprisoned for not less than 20 years and not more than life, 
        or both; and
            ``(2) shall be sentenced to a term of supervised release of 
        not less than 5 years.
    ``(c) Jurisdiction.--There is jurisdiction over an offense under 
this section if--
            ``(1) the prohibited drug activity or the terrorist offense 
        is in violation of the criminal laws of the United States;
            ``(2) the offense or the prohibited drug activity occurs in 
        or affects interstate or foreign commerce;
            ``(3) the offense, the prohibited drug activity, or the 
        terrorist offense involves the use of the mails or a facility 
        of interstate or foreign commerce;
            ``(4) the terrorist offense occurs in or affects interstate 
        or foreign commerce or would have occurred in or affected 
        interstate or foreign commerce had it been consummated;
            ``(5) an offender provides anything of pecuniary value to a 
        terrorist organization;
            ``(6) an offender provides anything of pecuniary value for 
        a terrorist offense that is designed to influence the policy or 
        affect the conduct of the United States Government;
            ``(7) an offender provides anything of pecuniary value for 
        a terrorist offense that occurs in part within the United 
        States and is designed to influence the policy or affect the 
        conduct of a foreign government;
            ``(8) an offender provides anything of pecuniary value for 
        a terrorist offense--
                    ``(A) that causes or is designed to cause death or 
                serious bodily injury to a national of the United 
                States while that national is outside the United 
                States; or
                    ``(B) that causes or is designed to cause 
                substantial damage to the property of a legal entity 
                organized under the laws of the United States 
                (including any of its States, districts, commonwealths, 
                territories, or possessions) while that property is 
                outside of the United States;
            ``(9) the offense occurs in whole or in part within the 
        United States and an offender provides anything of pecuniary 
        value for a terrorist offense that is designed to influence the 
        policy or affect the conduct of a foreign government;
            ``(10) the offense or the prohibited drug activity occurs 
        in whole or in part outside of the United States (including on 
        the high seas), and a perpetrator of the offense or the 
        prohibited drug activity is a national of the United States or 
        a legal entity organized under the laws of the United States 
        (including any of its States, districts, commonwealths, 
        territories, or possessions); or
            ``(11) after the conduct required for the offense occurs, 
        an offender is brought into or found in the United States, even 
        if the conduct required for the offense occurs outside the 
        United States.
    ``(d) Proof Requirements.--In a prosecution for a violation of 
subsection (a), the Government shall not be required to prove that any 
defendant knew that an organization was designated as a foreign 
terrorist organization under section 219 of the Immigration and 
Nationality Act (8 U.S.C. 1189).
    ``(e) Definitions.--In this section, the following definitions 
shall apply:
            ``(1) Anything of pecuniary value.--The term `anything of 
        pecuniary value' has the meaning given the term in section 
        1958(b)(1) of title 18, United States Code.
            ``(2) Terrorist offense.--The term `terrorist offense' 
        means--
                    ``(A) an act which constitutes an offense within 
                the scope of a treaty, as defined under section 
                2339C(e)(7) of title 18, United States Code, which has 
                been implemented by the United States; or
                    ``(B) any other act intended to cause death or 
                serious bodily injury to a civilian, or to any other 
                person not taking an active part in the hostilities in 
                a situation of armed conflict, when the purpose of such 
                act, by its nature or context, is to intimidate a 
                population, or to compel a government or an 
                international organization to do or to abstain from 
                doing any act.
            ``(3) Terrorist organization.--The term `terrorist 
        organization' has the meaning given the term in section 
        212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 
        U.S.C. 1182(a)(3)(B)(vi)).''.
                                 <all>