II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. PROHIBITION OF NARCO-TERRORISM. 

4 Part A of the Controlled Substance Import and Ex5 port Act (21 U.S.C. 951 et seq.) is amended by inserting 

6 after section 1010 the following: 

7 ‘‘NARCO-TERRORISTS WHO AID AND SUPPORT

8 TERRORISTS OR TERRORIST ORGANIZATIONS

9 ‘‘SEC. 1010A. (a) PROHIBITED ACTS.—It shall be 

10 unlawful, in a circumstance described in subsection (c), 
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•S 1642 IS

1 to manufacture, distribute, import, export, or possess with 

2 intent to distribute or manufacture a controlled substance, 

3 or to attempt or conspire to do so, knowing or intending 

4 that such activity, directly or indirectly, aid or provide 

5 support, resources, or anything of pecuniary value to— 

6 ‘‘(1) a terrorist organization; or 

7 ‘‘(2) any person or group involved in the plan8 ning, preparation for, or carrying out of, a terrorist 

9 offense. 

10 ‘‘(b) PENALTIES.—Whoever violates subsection (a)— 

11 ‘‘(1) shall be fined under title 18, United States 

12 Code, imprisoned for not less than 20 years and not 

13 more than life, or both; and 

14 ‘‘(2) shall be sentenced to a term of supervised 

15 release of not less than 5 years. 

16 ‘‘(c) JURISDICTION.—There is jurisdiction over an of17 fense under this section if— 

18 ‘‘(1) the prohibited drug activity or the terrorist 

19 offense is in violation of the criminal laws of the 

20 United States; 

21 ‘‘(2) the offense or the prohibited drug activity 

22 occurs in or affects interstate or foreign commerce; 

23 ‘‘(3) the offense, the prohibited drug activity, or 

24 the terrorist offense involves the use of the mails or 

25 a facility of interstate or foreign commerce; 
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1 ‘‘(4) the terrorist offense occurs in or affects 

2 interstate or foreign commerce or would have oc3 curred in or affected interstate or foreign commerce 

4 had it been consummated; 

5 ‘‘(5) an offender provides anything of pecuniary 

6 value to a terrorist organization; 

7 ‘‘(6) an offender provides anything of pecuniary 

8 value for a terrorist offense that is designed to influ9 ence the policy or affect the conduct of the United 

10 States Government; 

11 ‘‘(7) an offender provides anything of pecuniary 

12 value for a terrorist offense that occurs in part with13 in the United States and is designed to influence the 

14 policy or affect the conduct of a foreign government; 

15 ‘‘(8) an offender provides anything of pecuniary 

16 value for a terrorist offense— 

17 ‘‘(A) that causes or is designed to cause 

18 death or serious bodily injury to a national of 

19 the United States while that national is outside 

20 the United States; or 

21 ‘‘(B) that causes or is designed to cause 

22 substantial damage to the property of a legal 

23 entity organized under the laws of the United 

24 States (including any of its States, districts, 

25 commonwealths, territories, or possessions) 
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1 while that property is outside of the United 

2 States; 

3 ‘‘(9) the offense occurs in whole or in part with4 in the United States and an offender provides any5 thing of pecuniary value for a terrorist offense that 

6 is designed to influence the policy or affect the con7 duct of a foreign government; 

8 ‘‘(10) the offense or the prohibited drug activity 

9 occurs in whole or in part outside of the United 

10 States (including on the high seas), and a perpe11 trator of the offense or the prohibited drug activity 

12 is a national of the United States or a legal entity 

13 organized under the laws of the United States (in14 cluding any of its States, districts, commonwealths, 

15 territories, or possessions); or 

16 ‘‘(11) after the conduct required for the offense 

17 occurs, an offender is brought into or found in the 

18 United States, even if the conduct required for the 

19 offense occurs outside the United States. 

20 ‘‘(d) PROOF REQUIREMENTS.—In a prosecution for 

21 a violation of subsection (a), the Government shall not be 

22 required to prove that any defendant knew that an organi23 zation was designated as a foreign terrorist organization 

24 under section 219 of the Immigration and Nationality Act 

25 (8 U.S.C. 1189). 
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1 ‘‘(e) DEFINITIONS.—In this section, the following 

2 definitions shall apply: 

3 ‘‘(1) ANYTHING OF PECUNIARY VALUE.—The 

4 term ‘anything of pecuniary value’ has the meaning 

5 given the term in section 1958(b)(1) of title 18, 

6 United States Code. 

7 ‘‘(2) TERRORIST OFFENSE.—The term ‘ter8 rorist offense’ means— 

9 ‘‘(A) an act which constitutes an offense 

10 within the scope of a treaty, as defined under 

11 section 2339C(e)(7) of title 18, United States 

12 Code, which has been implemented by the 

13 United States; or 

14 ‘‘(B) any other act intended to cause death 

15 or serious bodily injury to a civilian, or to any 

16 other person not taking an active part in the 

17 hostilities in a situation of armed conflict, when 

18 the purpose of such act, by its nature or con19 text, is to intimidate a population, or to compel 

20 a government or an international organization 

21 to do or to abstain from doing any act. 

22 ‘‘(3) TERRORIST ORGANIZATION.—The term 

23 ‘terrorist organization’ has the meaning given the 
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1 term in section 212(a)(3)(B)(vi) of the Immigration 

2 and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)).’’. 

Æ