[Congressional Record (Bound Edition), Volume 145 (1999), Part 12]
[Senate]
[Pages 16726-16729]
[From the U.S. Government Publishing Office, www.gpo.gov]



                          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 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:

[[Page 16727]]

       `` `(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 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;

[[Page 16728]]

       `` `(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--
       (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

[[Page 16729]]

     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.

                          ____________________