An amendment numbered 16 printed in part B of House Report 109-178 to establish a new criminal offense of narco-terrorism, which prohibits any person from manufacturing, distributing or possessing with intent to distribute a controlled substance in schedule I or II or flunitrazepam or listed chemical, or attempting or conspiring to do so, knowing or intendingthat such activity, directly or indirectly, aids, or provides support, resources or anything of value to: (a) a foreign terrorist organization; or(b) any person or group involved in the planning, preparation for, or carrying out of a terrorist offense. The penalty for such an offense is a mandatory minimum of 20 years and a maximum of life. The provision states Congress' intent to establish broad extra-territorial jurisdiction to enforce this new criminal offense; and makes it clear that the government need not prove that the defendant knew that an organization is a designated`foreign terrorist organization.' The provision also defines the terms `anything of pecuniary value,' `terrorist offense,' and `terrorist organization.'.

1. Adds SEC. __. PROHIBITION OF NARCO-TERRORISM at the end of the bill

   Adds a section

   Inserted: SEC. __. PROHIBITION OF NARCO-TERRORISM.

   Inserted: 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:

   Inserted: "Narco-terrorists who aid and support terrorists or foreign terrorist organizations

   Inserted: "Sec. 1010A. (a) Prohibited Acts.--Whoever, in a circumstance described in subsection (c), manufactures, distributes, imports, exports, or possesses with intent to distribute or manufacture a controlled substance, flunitrazepam, or listed chemical, or attempts or conspires to do so, knowing or intending that such activity, directly or indirectly, aids or provides support, resources, or anything of pecuniary value to--

   Inserted: "(1) a foreign terrorist organization; or

   Inserted: "(2) any person or group involved in the planning, preparation for, or carrying out of, a terrorist offense, shall be punished as provided under subsection (b).

   Inserted: "(b) Penalties.--Whoever violates subsection (a) shall be fined under this title, imprisoned for not less than 20 years and not more than life and shall be sentenced to a term of supervised release of not less than 5 years.

   Inserted: "(c) Jurisdiction.--There is jurisdiction over an offense under this section if--

   Inserted: "(1) the prohibited drug activity or the terrorist offense is in violation of the criminal laws of the United States;

   Inserted: "(2) the offense or the prohibited drug activity occurs in or affects interstate or foreign commerce;

   Inserted: "(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;

   Inserted: "(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;

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   Inserted: "(5) an offender provides anything of pecuniary value to a foreign terrorist organization;

   Inserted: "(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;

   Inserted: "(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;

   Inserted: "(8) an offender provides anything of pecuniary value for a terrorist offense 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 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;

   Inserted: "(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;

   Inserted: "(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

   Inserted: "(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.

   Inserted: "(d) Proof Requirements.--The prosecution shall not be required to prove that any defendant knew that an organization was designated as a 'foreign terrorist organization' under the Immigration and Nationality Act.

   Inserted: "(e) Definitions.--In this section, the following definitions shall apply:

   Inserted: "(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.

   Inserted: "(2) Terrorist offense.--The term 'terrorist offense' means--

   Inserted: "(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;

   Inserted: "(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.

   Inserted: "(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)).".

   Original wording

   Add at the end the following:

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As printed