23 July 1999 Source: http://www.access.gpo.gov/su_docs/aces/fr-cont.html For related debate: http://cryptome.org/hr1555-yak3.txt ----------------------------------------------------------------------- [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. ____________________ ----------------------------------------------------------------------- [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. ____________________