[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1171 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1171

   To block assets of narcotics traffickers who pose an unusual and 
  extraordinary threat to the national security, foreign policy, and 
                     economy of the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 27, 1999

Mr. Coverdell (for himself, Mrs. Feinstein, Mr. DeWine, Mr. Helms, Mr. 
 Lott, Mr. Torricelli, Mr. Craig, Mr. Graham, and Mr. Reid) introduced 
the following bill; which was read twice and referred to the Committee 
                 on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
   To block assets of narcotics traffickers who pose an unusual and 
  extraordinary threat to the national security, foreign policy, and 
                     economy of the United States.

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

SECTION 1. 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. 2. PURPOSE.

    The purpose of this Act 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. 3. 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 Director of National Drug Control Policy a list 
of those individuals who play a significant role in international 
narcotics trafficking as of that date.
    (b) Review by Director of National Drug Control Policy.--Not later 
than February 1, 2000 and not later than February 1 of each year 
thereafter, the Director of National Drug Control Policy shall transmit 
to the President the list submitted that year to the Director under 
subsection (a) to the President, together with his recommendations for 
the inclusion in, or exclusion from, the list of specific individuals.
    (c) Exclusion of Certain Persons From List.--
            (1) In general.--Notwithstanding any other provision of 
        this section, neither the list described in subsections (a) and 
        (b) nor the accompanying recommendations of the Director of 
        National Drug Control Policy under subsection (b) shall 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. 4. 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--
            (1) any specially designated narcotics trafficker;
            (2) any person who materially 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. 5. 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 4(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.
                                 <all>