23 July 1999
Source: http://www.access.gpo.gov/su_docs/aces/fr-cont.html

For related debate: http://cryptome.org/hr1555-yak3.txt

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[Congressional Record: July 19, 1999 (Senate)]
[Page S8807]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr19jy99-116]


                          AMENDMENTS SUBMITTED

                                 ______


          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2000

                                 ______


                      MOYNIHAN AMENDMENT NO. 1255

  (Ordered to lie on the table.)
  Mr. MOYNIHAN submitted an amendment intended to be proposed by him to
the bill (H.R. 1555) to authorize appropriations for fiscal year 2000
for intelligence and intelligence-related activities of the United
States Government, the Community Management Account, and the Central
Intelligence Agency Retirement and Disability System, and for other
purposes; as follows:

       At the appropriate place, insert:

     SEC. 308. SENSE OF THE CONGRESS ON CLASSIFICATION AND
                   DECLASSIFICATION

       It is the sense of Congress that in a democracy the
     systematic declassification of records of permanent historic
     value is in the public interest and that the management of
     classification and declassification by Executive Branch
     agencies requires comprehensive reform.

                          ____________________

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[Congressional Record: July 20, 1999 (Senate)]
[Page S8889-S8892]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr20jy99-169]


                          AMENDMENTS SUBMITTED

                                 ______


          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2000

                                 ______


                   MOYNIHAN AMENDMENTS NOS. 1256-1257

  (Ordered to lie on the table.)
  Mr. MOYNIHAN submitted two amendments intended to be proposed by him
to the bill (H.R. 1555) to authorize appropriations for fiscal year
2000 for intelligence and intelligence-related activities of the United
States Government, the Community Management Account, and the Central
Intelligence Agency Retirement and Disability System, and for other
purposes; as follows:

                           Amendment No. 1256

       At the appropriate place, insert:

     SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

       (a) Authorization of Appropriations.--There is authorized
     to be appropriated for the Intelligence Community Management
     Account of the Director of Central Intelligence for fiscal
     year 2000 the sum of $193,572,000. The Information Security
     Oversight Office, charged with administering this nation's
     intelligence classification and declassification programs
     shall receive $1.5 million of these funds to allow it to hire
     more staff so that it can more efficiently manage these
     programs. Within such amounts . . .

                           Amendment No. 1257

       At the appropriate place, insert:

     SEC. 308. SENSE OF THE CONGRESS ON CLASSIFICATION AND
                   DECLASSIFICATION.

       It is the sense of Congress that the systematic
     declassification of records of permanent historic value is in
     the public interest and that the management of classification
     and declassification by Executive Branch agencies requires
     comprehensive reform.
                                 ______


                  KYL (AND OTHERS) AMENDMENT NO. 1258

  Mr. KYL (for himself, Mr. Domenici, Mr. Murkowski, Mr. Thompson, Mr.
Specter, Mr. Gregg, Mr. Hutchinson, Mr. Shelby, Mr. Warner, Mr.
Bunning, Mr. Helms, Mr. Fitzgerald, Mr. Lott, Mr. Kerrey, Mrs.
Feinstein, Mr. Smith of New Hampshire, and Ms. Collins) proposed an
amendment to the bill, H.R. 1555, supra; as follows:

       At the appropriate place insert the following:

     ``SEC.   . DEPARTMENT OF ENERGY NUCLEAR SECURITY.

       ``(a) Section 202(a) of the Department of Energy
     Organization Act (referred to in this section as the ``Act'')
     is amended by striking the second sentence and inserting
     ``The Secretary shall delegate to the Deputy Secretary such
     duties as the Secretary may prescribe unless such delegation
     is otherwise prohibited by law, and the Deputy Secretary
     shall act for and exercise the functions of the Secretary
     during the absence or disability of the Secretary or in the
     event the office of the Secretary becomes vacant.
       ``(b) Section 202(b) of the Act is amended by striking the
     first two sentences and inserting ``There shall be in the
     Department two Under Secretaries and a General Counsel, who
     shall be appointed by the President, by and with the advice
     and consent of the Senate. One Under Secretary shall be the
     Under Secretary for Nuclear Stewardship. The other Under
     Secretary shall bear primary responsibility for science,
     energy (including energy conservation), and environmental
     functions.''
       ``(c) After section 212 of the Act add the following new
     section:
       `` `AGENCY FOR NUCLEAR STEWARDSHIP
       `` `Sec. 213(a) There shall be within the Department a
     separately organized Agency for Nuclear Stewardship under the
     direction, authority, and control of the Secretary, to be
     headed by the Under Secretary for Nuclear Stewardship who
     shall also serve as Director of the Agency.
       `` `(b) The Under Secretary for Nuclear Stewardship shall
     be a person who has an extensive background in national
     security, organizational management and appropriate technical
     fields, and is especially well qualified to manage the
     nuclear weapons, non-proliferation and fissile materials
     disposition programs of the Department in a manner that
     advances and protects the national security of the United
     States.
       `` `(c) The Secretary shall be responsible for all policies
     of the Agency. The Under Secretary for Nuclear Stewardship
     shall report solely and directly to the Secretary and shall
     be subject to the supervision and direction of the Secretary.
     The Secretary shall have a staff adequate to fulfill the
     responsibility to set policies throughout the Department
     including establishing policies governing the Agency for
     Nuclear Stewardship. The Secretary's staff, including but not
     limited to the General Counsel and the Chief Financial
     Officer, shall assist the Secretary in the supervision of the
     development and implementation of policies set forth by the
     Secretary and shall advise the Secretary on the

[[Page S8890]]

     adequacy of such development and implementation. The
     Secretary may not delegate to any Department official the
     duty to supervise or direct the Under Secretary for Nuclear
     Stewardship.
       `` `(d) The Secretary may direct other officials of the
     Department who are not within the Agency for Nuclear
     Stewardship to review the Agency's programs and to make
     recommendations to the Secretary regarding the administration
     of such programs, including consistency with other similar
     programs and activities in the Department.
       `` `(e) The Secretary shall assign to the Under Secretary
     for Nuclear Stewardship direct authority over and
     responsibility for:
       `` `(1) all programs and activities of the Department
     related to its national security functions, including nuclear
     weapons, non-proliferation and fissile materials disposition,
     and;
       `` `(2) all activities at the Department's national
     security laboratories, and nuclear weapons production
     facilities.
       `` `(f) The Secretary shall assign to the Under Secretary
     for Nuclear Stewardship direct authority over and
     responsibility for all executive and administrative
     operations and functions of the Agency for Nuclear
     Stewardship (except for the authority and responsibility
     assigned to the Deputy Director for Naval Reactors),
     including but not limited to:
       `` `(1) strategic management;
       `` `(2) policy development and guidance;
       `` `(3) budget formulation and guidance;
       `` `(4) resource requirements determination and allocation;
       `` `(5) program direction;
       `` `(6) safeguards and security;
       `` `(7) emergency management;
       `` `(8) integrated safety management;
       `` `(9) environment, safety, and health operations (except
     those environmental remediation and nuclear waste management
     activities and facilities that the Secretary determines are
     best managed by other officials of the Department);
       `` `(10) administration of contracts, including those for
     the management and operation of the nuclear weapons
     production facilities and the national security laboratories;
       `` `(11) intelligence;
       `` `(12) counterintelligence;
       `` `(13) personnel, including their selection, appointment,
     distribution, supervision, fixing of compensation, and
     separation;
       `` `(14) procurement of services of experts and consultants
     in accordance with section 3109 of Title 5, United States
     Code, and;
       `` `(15) legal matters.
       `` `(g) There shall be within the Agency three Deputy
     Directors, each of whom shall be appointed by the President,
     by and with the advice and consent of the Senate; who shall
     be compensated at the rate provided for at level IV of the
     Executive Schedule under section 5315 of Title 5 (except the
     Deputy Director for Naval Reactors when an active duty naval
     officer). There shall be a Deputy Director for each of the
     following functions:
       `` `(1) defense programs;
       `` `(2) non-proliferation and fissile materials
     disposition, and;
       `` `(3) naval reactors.
       `` `(h) The Deputy Director for Naval Reactors shall report
     to the Secretary of Energy through the Under Secretary for
     Nuclear Stewardship and have direct access to the Secretary
     and other senior officials of the Department; and shall be
     assigned the responsibilities, authorities, and
     accountability for all functions of the Office of Naval
     Reactors as described by the reference in section 1634 of
     Public Law 98-525. Except as specified in subsection (g) and
     this subsection, all other provisions described by the
     reference in section 1634 of Public Law 98-525 remain in full
     force until changed by law.
       `` `(i) There shall be within the Agency three offices,
     each of which shall be administered by a Chief appointed by
     the Under Secretary for Nuclear Stewardship. There shall be
     a:
       `` `(1) Chief of Nuclear Stewardship Counterintelligence,
     who shall report to the Under Secretary and implement the
     counterintelligence policies directed by the Secretary and
     Under Secretary. The Chief of Nuclear Stewardship
     Counterintelligence shall have direct access to the
     Secretary and all other officials of the Department and
     its contractors concerning counterintelligence matters and
     shall be responsible for:
       `` `(A) the development and implementation of the Agency's
     counterintelligence programs to prevent the disclosure or
     loss of classified or other sensitive information, and;
       `` `(B) the development and administration of personnel
     assurance programs within the Agency for Nuclear Stewardship.
       `` `(2) Chief of Nuclear Stewardship Security, who shall
     report to the Under Secretary and shall implement the
     security policies directed by the Secretary and Under
     Secretary. The chief of Nuclear Stewardship Security shall
     have direct access to the Secretary and all other officials
     of the Department and its contractors concerning security
     matters and shall be responsible for the development and
     implementation of security programs for the Agency including
     the protection, control and accounting of materials, and the
     physical and cybersecurity for all facilities in the Agency.
       `` `(3) Chief of Nuclear Stewardship Intelligence, who
     shall be a senior executive service employee of the Agency or
     an agency of the intelligence community who shall report to
     the Under Secretary and shall have direct access to the
     Secretary and all other officials of the Department and its
     contractors concerning intelligence matters and shall be
     responsible for all programs and activities of the Agency
     relating to the analysis and assessment of intelligence with
     respect to foreign nuclear weapons, materials, and other
     nuclear matters in foreign nations.
       `` `(j)(1) The Under Secretary shall, with the approval of
     the Secretary and the Director of the Federal Bureau of
     Investigation, designate the chief of Counterintelligence who
     shall have special expertise in counterintelligence.
       `` `(2) If such person is a federal employee of an entity
     other than the Agency, the service of such employee as Chief
     shall not result in any loss of employment status, right, or
     privilege by such employee.
       `` `(k) All personnel of the Agency for Nuclear
     Stewardship, in carrying out any function of the Agency,
     shall be responsible to, and subject to the supervision and
     direction of, the Secretary and the Under Secretary for
     Nuclear Stewardship or his designee within the Agency, and
     shall not be responsible to, or subject to the supervision or
     direction of, any other officer, employee, or agent of any
     other part of the Department.
       `` `(l) The Under Secretary for Nuclear Stewardship shall
     delegate responsibilities to the Deputy Directors except that
     the responsibilities, authorities and accountability of the
     Deputy Director for Naval Reactors are as described in
     subsection (h).
       `` `(m) The Directors of the national security laboratories
     and the heads of the nuclear weapons production facilities
     and the Nevada Test Site shall report directly to the Deputy
     Director for Defense Programs.
       `` `(n) The Under Secretary for Nuclear Stewardship shall
     maintain within the Agency staff sufficient to implement the
     policies of the Secretary and Under Secretary for Nuclear
     Stewardship for the Agency. At a minimum these staff shall be
     responsible for:
       `` `(1) personnel;
       `` `(2) legal services, and;
       `` `(3) financial management.
       `` `(o) The Under Secretary shall, consistent with the
     effective discharge of the Agency's responsibilities, make
     the national security laboratories, nuclear weapons
     production facilities, and capabilities of the Agency
     available to other programs of the Department, federal
     agencies, and appropriate entities in accordance with
     policies implemented by the Under Secretary.
       `` `(p)(1) Not later than March 1 of each year the Under
     Secretary for Nuclear Stewardship shall submit through the
     Secretary to the Director of Central Intelligence, the
     Director of the Federal Bureau of Investigation, the Senate
     and the House of Representatives, a report on the status and
     effectiveness of the security and counterintelligence
     programs of the Agency for Nuclear Stewardship during the
     preceding year.
       `` `(2) The report shall provide information on:
       `` `(A) The status and effectiveness of security and
     counterintelligence programs at each nuclear weapons
     production facilities, national security laboratory, or any
     other facility or institution at which classified nuclear
     weapons work is performed;
       `` `(B) the adequacy of procedures and policies for
     protecting national security information at each nuclear
     weapons production facility, national security laboratory, or
     any other facility or institution at which classified nuclear
     weapons work is performed;
       `` `(C) whether each nuclear weapons production facility,
     national security laboratory, or other facility or
     institution at which classified nuclear weapons work is
     performed is in full compliance with all security and
     counterintelligence requirements, and if not what measures
     are being taken or are in place to bring such facility,
     laboratory, or institution into compliance;
       `` `(D) any significant violation of law, rule, regulation,
     or other requirement relating to security or
     counterintelligence at each nuclear weapons production
     facility, national security laboratory, or any other facility
     or institution at which classified nuclear weapons work is
     performed;
       `` `(E) each foreign visitor or assignee; the national
     security laboratory, nuclear weapons production facility, or
     other facility or institution at which classified nuclear
     weapons work is performed visited, the purpose and
     justification for the visit, the duration of the visit,
     whether the visitor or assignee had access to classified
     or sensitive information or facilities, and whether a
     background check was performed on such visitor prior to
     such visit; and
       `` `(F) such other matters and recommendations to Congress
     as the Under Secretary deems appropriate.
       `` `(3) Each report required by this subsection shall be
     submitted in unclassified form, but may include a classified
     annex.
       `` `(4) Thirty days prior to the submission of the report
     required by subsection p(1), but in any event no later than
     February 1 of each year, the director of each Department of
     Energy national security laboratory and nuclear weapons
     production facility shall certify in writing to the Under
     Secretary for Nuclear Stewardship whether that laboratory or
     facility is in full compliance with all national security
     information protection requirements. If the laboratory or
     facility is not in full compliance, the director of the
     laboratory or facility shall report on why it is not in
     compliance, what measures are being taken to bring it into
     compliance, and when it will be in compliance.
       `` `(q) The Under Secretary for Nuclear Stewardship shall
     keep the Secretary, the Committees on Armed Services of the
     Senate

[[Page S8891]]

     and House of Representatives, the Committee on Energy and
     Natural Resources of the Senate, the Committee on
     Governmental Affairs of the Senate, the Committee on Commerce
     of the House of Representatives, the Select Committee on
     Intelligence of the Senate, and the Permanent Select
     Committee on Intelligence of the House of Representatives
     fully and currently informed regarding any action or
     potential significant threat to, or loss of, national
     security information, unless such information has already
     been reported to the Senate Select Committee on Intelligence
     and the House Permanent Select Committee on Intelligence
     pursuant to the National Security Act of 1947, as amended.
       `` `(r) Personnel of the Agency for Nuclear Stewardship who
     have reason to believe that there is a problem, abuse,
     violation of law or executive order, or deficiency relating
     to the management of classified information shall promptly
     report such problem, abuse, violation, or deficiency to the
     Under Secretary for Nuclear Stewardship.
       `` `(s)(1) The Under Secretary for Nuclear Stewardship
     shall not be required to obtain the approval of any officer
     or employee of the Department of Energy, except the
     Secretary, or any officer or employee of any other Federal
     agency or department for the preparation or delivery of any
     report required by this section.
       `` `(2) No officer or employee of the Department of Energy
     or any other Federal agency or department may delay, deny,
     obstruct or otherwise interfere with the preparation of any
     report required by this section.
       `` `(t) For purposes of this section--
       `` `(1) the term ``personnel of the Agency for Nuclear
     Stewardship'' means each officer or employee within the
     Department of Energy, and any officer or employee of any
     contractor of the Department (pursuant to the terms of the
     contract), whose--
       `` `(A) responsibilities include carrying out a function of
     the Agency for Nuclear Stewardship; or
       `` `(B) employment is funded primarily under the--
       `` `(i) Weapons Activities; or
       `` `(ii) Non-proliferation, Fissile Materials Disposition
     or Naval Reactors portions of the Other Defense Activities
     budget functions of the Department;
       `` `(2) the term ``nuclear weapons production facility''
     means the following facilities:
       `` `(A) the Kansas City Plant, Kansas City, Missouri;
       `` `(B) the Pantex Plant, Amarillo, Texas;
       `` `(C) the Y-12 Plant, Oak Ridge, Tennessee;
       `` `(D) the tritium operations facilities at the Savannah
     River Site, Aiken, South Carolina;
       `` `(E) the Nevada Test Site, Nevada; and
       `` `(F) any other facility the Secretary designates.
       `` `(3) the term ``national security laboratory'' means the
     following laboratories--
       `` `(A) the Los Alamos National Laboratory, Los Alamos, New
     Mexico;
       `` `(B) the Lawrence Livermore National Laboratory,
     Livermore, California; and
       `` `(C) the Sandia National Laboratories, Albuquerque, New
     Mexico, and Livermore, California.
       `` `(d) Within 180 days of the date of enactment of this
     Act, the Secretary shall report to the Senate and the House
     of Representatives on the adequacy of the Department's
     procedures and policies for protecting national security
     information, including national security information at the
     Department's laboratories, nuclear weapons facilities and
     other facilities, making such recommendations to Congress as
     may be appropriate.
       ``(e) The following technical and conforming amendments are
     made:
       ``(1) Section 5314 of title 5, United States Code, is
     amended by striking `` `Under Secretary, Department of
     Energy'' ' and inserting ``Under Secretaries of Energy (2),
     one of whom serves as the Director, Agency for Nuclear
     Stewardship.' ''
       ``(2) Section 202(b) of the Act is amended in the third
     section by striking `` `Under Secretary'' ' and inserting ``
     `Under Secretaries' ''.
       ``(3) Section 212 of the Act is amended by striking
     subsection 212(b) and redesignating subsection 212(c) as
     subsection 212(b).
       ``(4) Section 309 of the Act is amended by striking ``
     `Assistant Secretary to whom the Secretary has assigned the
     functions listed in section 203(a)(2)(E)' '' and inserting ``
     `Under Secretary for Nuclear Stewardship' ''.
       ``(5) The Table of Contents of the Act is amended by
     inserting after the item relating to section 212 the
     following new item:
       ```Sec. 213. Agency for Nuclear Stewardship.
                                 ______


               COVERDELL (AND OTHERS) AMENDMENT NO. 1259

  Mr. COVERDELL (for himself, Mrs. Feinstein, Mr. DeWine, Mr. Helms,
Mr. Lott, Mr. Torricelli, Mr. Craig, Mr. Graham, and Mr. Reid) proposed
an amendment to the bill, H.R. 1555, supra; as follows:

       At the end of the bill, add the following new title:
       TITLE____--BLOCKING ASSETS OF MAJOR NARCOTICS TRAFFICKERS

     SEC. __01. FINDING AND POLICY.

       (a) Finding.--Congress makes the following findings:
       (1) Presidential Decision Directive 42, issued on October
     21, 1995, ordered agencies of the executive branch of the
     United States Government to, inter alia, increase the
     priority and resources devoted to the direct and immediate
     threat international crime presents to national security,
     work more closely with other governments to develop a global
     response to this threat, and use aggressively and creatively
     all legal means available to combat international crime.
       (2) Executive Order No. 12978 of October 21, 1995, provides
     for the use of the authorities in the International Emergency
     Economic Powers Act (IEEPA) to target and sanction four
     specially designated narcotics traffickers and their
     organizations which operate from Colombia.
       (b) Policy.--It should be the policy of the United States
     to impose economic and other financial sanctions against
     foreign international narcotics traffickers and their
     organizations worldwide.

     SEC. __02. PURPOSE.

       The purpose of this title is to provide for the use of the
     authorities in the International Emergency Economic Powers
     Act to sanction additional specially designated narcotics
     traffickers operating worldwide.

     SEC. __03. DESIGNATION OF CERTAIN FOREIGN INTERNATIONAL
                   NARCOTICS TRAFFICKERS.

       (a) Preparation of List of Names.--Not later than January
     1, 2000 and not later than January 1 of each year thereafter,
     the Secretary of the Treasury, in consultation with the
     Attorney General, Director of Central Intelligence, Secretary
     of Defense, and Secretary of State, shall transmit to the
     President and to the Director of the Office of National Drug
     Control Policy a list of those individuals who play a
     significant role in international narcotics trafficking as of
     that date.
       (b) Exclusion of Certain Persons From List.--
       (1) In general.--Notwithstanding any other provision of
     this section, the list described in subsection (a) shall not
     include the name of any individual if the Director of Central
     Intelligence determines that the disclosure of that person's
     role in international narcotics trafficking could compromise
     United States intelligence sources or methods. The Director
     of Central Intelligence shall advise the President when a
     determination is made to withhold an individual's identity
     under this subsection.
       (2) Reports.--In each case in which the Director of Central
     Intelligence has made a determination under paragraph (1),
     the President shall submit a report in classified form to the
     Select Committee on Intelligence of the Senate and the
     Permanent Select Committee on Intelligence of the House of
     Represent setting forth the reasons for the determination.
       (d) Designation of Individuals as Threats to the United
     States.--The President shall determine not later than March 1
     of each year whether or not to designate persons on the list
     transmitted to the President that year as persons
     constituting an unusual and extraordinary threat to the
     national security, foreign policy, and economy of the United
     States. The President shall notify the Secretary of the
     Treasury of any person designated under this subsection. If
     the President determines not to designate any person on such
     list as such a threat, the President shall submit a report to
     Congress setting forth the reasons therefore.
       (e) Changes in Designations of Individuals.--
       (1) Additional Individuals Designated.--If at any time
     after March 1 of a year, but prior to January 1 of the
     following year, the President determines that a person is
     playing a significant role in international narcotics
     trafficking and has not been designated under subsection (d)
     as a person constituting an unusual and extraordinary threat
     to the national security, foreign policy, and economy of the
     United States, the President may so designate the person. The
     President shall notify the Secretary of the Treasury of any
     person designated under this paragraph.
       (2) Removal of Designations of Individuals.--Whenever the
     President determines that a person designated under
     subsection (d) or paragraph (1) of this subsection no longer
     poses an unusual and extraordinary threat to the national
     security, foreign policy, and economy of the United States,
     the person shall no longer be considered as designated under
     that subsection.
       (f) References.--Any person designated under subsection (d)
     or (e) may be referred to in this Act as a ``specially
     designated narcotics trafficker''.

     SEC. ____04. BLOCKING ASSETS.

       (a) Finding.--Congress finds that a national emergency
     exists with respect to any individual who is a specially
     designated narcotics trafficker.
       (b) Blocking of Assets.--Except to the extent provided in
     section 203(b) of the International Emergency Economic Powers
     Act (50 U.S.C. 1702(b)) and in regulations, orders,
     directives, or licenses that may be issued pursuant to this
     Act, and notwithstanding any contract entered into or any
     license or permit granted prior to the date of designation of
     a person as a specially designated narcotics trafficker,
     there are hereby blocked all property and interests in
     property that are, or after that date come, within the United
     States, or that are, or after that date come, within the
     possession or control of any United States person, of--

[[Page S8892]]

       (1) any specially designated narcotics trafficker;
       (2) any person who materially and knowingly assists in,
     provides financial or technological support for, or provides
     goods or services in support of, the narcotics trafficking
     activities of a specially designated narcotics trafficker;
     and
       (3) any person determined by the Secretary of the Treasury,
     in consultation with the Attorney General, Director of
     Central Intelligence, Secretary of Defense, and Secretary of
     State, to be owned or controlled by, or to act for or on
     behalf of, a specially designated narcotics trafficker.
       (c) Prohibited Acts.--Except to the extent provided in
     section 203(b) of the International Emergency Economic Powers
     Act or in any regulation, order, directive, or license that
     may be issued pursuant to this Act, and notwithstanding any
     contract entered into or any license or permit granted prior
     to the effective date, the following acts are prohibited:
       (1) Any transaction or dealing by a United States person,
     or within the United States, in property or interests in
     property of any specially designated narcotics trafficker.
       (2) Any transaction or dealing by a United States person,
     or within the United States, that evades or avoids, has the
     purpose of evading or avoiding, or attempts to violate,
     subsection (b).
       (d) Law Enforcement and Intelligence Activities Not
     Affected.--Nothing in this section is intended to prohibit or
     otherwise limit the authorized law enforcement or
     intelligence activities of the United States, or the law
     enforcement activities of any State or subdivision thereof.
       (e) Implementation.--The Secretary of the Treasury, in
     consultation with the Attorney General, Director of Central
     Intelligence, Secretary of Defense, and Secretary of State,
     is authorized to take such actions, including the
     promulgation of rules and regulations, and to employ all
     powers granted to the President by the International
     Emergency Economic Powers Act as may be necessary to carry
     out this section. The Secretary of the Treasury may
     redelegate any of these functions to any other officer or
     agency of the United States Government. Each agency of the
     United States shall take all appropriate measures within its
     authority to carry out this section.
       (f) Enforcement.--Violations of licenses, orders, or
     regulations under this Act shall be subject to the same civil
     or criminal penalties as are provided by section 206 of the
     International Emergency Economic Powers Act (50 U.S.C. 1705)
     for violations of licenses, orders, and regulations under
     that Act.
       (g) Definitions.--In this section:
       (1) Entity.--The term ``entity'' means a partnership,
     association, corporation, or other organization, group or
     subgroup.
       (2) Narcotics trafficking.--The term ``narcotics
     trafficking'' means any activity undertaken illicitly to
     cultivate, produce, manufacture, distribute, sell, finance,
     or transport, or otherwise assist, abet, conspire, or collude
     with others in illicit activities relating to, narcotic
     drugs, including, but not limited to, heroin, methamphetamine
     and cocaine.
       (3) Person.--The term ``person'' means an individual or
     entity.
       (4) United states person.--The term ``United States
     person'' means any United States citizen or national,
     permanent resident alien, entity organized under the laws of
     the United States (including foreign branches), or any person
     in the United States.

     SEC. ____05. DENIAL OF VISAS TO AND INADMISSIBILITY OF
                   SPECIALLY DESIGNATED NARCOTICS TRAFFICKERS.

       (a) Prohibition.--The Secretary of State shall deny a visa
     to, and the Attorney General may not admit to the United
     States--
       (1) any specially designated narcotics trafficker; or
       (2) any alien who the consular officer or the Attorney
     General knows or has reason to believe--
       (A) is a spouse or minor child of a specially designated
     narcotics trafficker; or
       (B) is a person described in paragraph (2) or (3) of
     section __04(b).
       (b) Exceptions.--Subsection (a) shall not apply--
       (1) where the Secretary of State finds, on a case-by-case
     basis, that the entry into the United States of the person is
     necessary for medical reasons;
       (2) upon the request of the Attorney General, Director of
     Central Intelligence, Secretary of the Treasury, or the
     Secretary of Defense; or
       (3) for purposes of the prosecution of a specially
     designated narcotics trafficker.

                          ____________________
