YOUR MEMORANDUM REQUEST FOR COMMENTS: INTERNATIONAL NARCOTICS CONTROL COMMISSION DATED 14 JUNE 1985
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OLL 85-1638
14 June 1985
MEMORANDUM FOE: NIO/NARC
DDO
DDO
C/PCS/DDO
FROM:
Legislation Division
Cffice of Legislative Liaison
SUBJECT: Request for Comments: "International
Narcotics Control Commission"
1. Attached for your review and comment please find a copy
of a provision to create an "International Narcotics Control
Commission". This provision was added by Senator Paula Hawkins
as a floor amendment during Senate consideration of E.R. 2068,
the authorization bill for the Department of State and related
agencies. H.R. 2066 subsequently passed the Senate and the
Senate has asked for a conference with the House to reconcile
the differences between the two versions. The conference has
not been scheduled as yet, but it will likely be in the near
future.
2. On its face, the provision would appear to have no .
direct effect on intelligence activities. I do note, however,
that the purposes of the Commission are, inter alia, to
"monitor compliance with narcotics control treaties
including...narco-terrorism" and "monitor...the United States
Government...programs seeking to expand international
cooperation against...narcotics trafficing".
3. The Commission is composed of representative? from the
Executive and Legislative Branches and is vested with subpoena
power.
4. I would appreciate receiving your comments by 21 June
1985.
Attachment
as stated
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June 11, 1985 CONGRESSIONAL RECORD ? SENATE
Mr. DOLE. Mr. President, I suggest
the absence of a quorum.
The PRESIDING OFFICER. The
clerk will call the roll.
The bill clerk proceeded to call the
roll.
Mr. BYRD. Mr. President, I ask
unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
Mr. BYRD. Mr. President. I have a
question that I wish to ask of the dis-
tinguished manager or mariagers.
As I recall, the request for $4 billion
In humanitarian assistance for the
Contras was initially made in the
spring or summer a year ago. I believe
that is correct.
- My question is, if $14 million was ini-
tially requested for the entire fiscal
year 1985, which will have run its
course as of September 30, this year,
why is the same amount of money
needed for the remainder of this fiscal
year, keeping in mind that by the time
this bill is finally enacted, only July,
August, and September ?will remain in
this fiscal year? Since $14 million was
orginally requested for the whole year,
why could not that amount of money
be pro rata reduced for the remaining
3 months'
Mr. LUGAR. I would like to respond
to the distinguished minority leader
that indeed he is correct. The $14 mil-
lion originally contemplated for the
fiscal year was passed over at the be-
ginning of the year, and we would be
through it by the time of the potential
passage of this bill. Of course, the bill
that the Senate passed last year had
$24 million for the fiscal year.
I think the only answer that can be
given is the $14 million originally is a
relatively small sum, given the num-
bers of persons involved, The Contras
may or may not be as many as 10,000
or 20,000. These are estimates that are
often given by observers in the field.
Divided by that number of persons or
even a fraction of them, $14 million
for humanitarian assistance?food,
clothing, shelter, and other aid of that
variety?will be rapidly dissipated. The
$14 million, I presume, was not
changed by the authors of the legisla-
tion largely because it has become a
figure which is familiar to the Senate
and the House, one which we have
voted on in the past, and there was re-
sistance, as the minority leader will
recall, in the House to $14 million.
I expect in a tactical sense the
thought of going beyond that sum at
this time now seems advisable as we
get another revisiting of the problem,
thinking about it for another year,
with the sum increasing to $24 million.
I think the direct answer is there is
no technical reason for the $14 million
specifically for either the year or the 3
months. It simply is that that was the
residue of the earlier debate taken up
again and revisited on this occasion.
Mr. BYRD. Mr. President, I thank
the distinguished manager of the bill.
Can we get the information in the
Rscoao before we vote? We should
have something from the administra-
tion that would indicate why the origi-
nal request for $14 million for an
entire year remains at $14 million even
after three-fourths of the fiscal year
has gone by.
Mr. LUGAR. I will respond that I
will make that request immediately to
administration spokesmen. During the
course of the afternoon, I am hopeful
they might forward to us information
that will give us a satisfactory answer.
Mr. BYRD. I thank the manger of
the bill. I yield the floor.
Mr. LUGAR. Mr. President, I sug-
gest the absence of a quorum.
The PRESIDING OFFICER. The
clerk will call the roll.
The assistant legislative clerk pro-
ceeded to call the roll.
Mr. LUGAR. Mr. President, I ask
unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mr.
HATFIELD). Without objection. it is so
ordered_
Mr. LUGAR. Mr. President, I ask
unanimous consent that the pending
amendment, a second-degree amend-
ment by Senator Masts, be temporari-
ly laid aside and that an amendment
to be offered by the distinguished Sen-
ator from Florida, Senator HAWKINS,
now be considered.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
satniitansrr NO. 82.
(Purpose: To establish the International
Narcotics Control Commission)
-Mrs. HAWKINS. Mr. President, I
send an amendment to the desk and
ask for its immediate consideration
Mr. LUGAR, Mr. President, a parlia-
mentary Inquiry.
The PRESIDING OFFICER. The
Senator from Indiana is recognized
for a parliamentary inquiry.
Mr. LUGAR, Mr. President, would
the Chair advise us to which amend-
ments must be set aside so that the
way is clear for Senator liswuriss to
offer her amendment?
The PRESIDING OFFICER. The
amendments of the Senator from
North Carolina, as well as the amend-
ment being offered by the Senator
from Idaho, have to be set aside in
order to provide an opportunity for
the Senator from Florida to present
an amendment.
Mr. LUGAR. I thank the Chair.
Mr. President, I will ask unanimous
consent that both of the amendments
by the Senator from North Carolina
IMr. Hatistsl and the amendment by
the Senator from Idaho Dar. SYMMS]
be laid aside temporarily so that Sena-
tor HAWKINS might proceed with her
amendment.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
The clerk will report the amend-
ment.
The legislative clerk read as follows:
The Senator from Florida (Mrs. HAW-
KINS) proposed an amendment numbered
329.
8 7875
Mrs. 11AWKINS. Mi. President, I
ask unanimous consent that further
reading of the amendment be dis-
pensed with.
The PRESIDING OFFICER.: With-
out objection, It is so ordered.
The amendment is as follows'
On page 31. after line 23, insert the fol-
lowing.
TITLE VI---MISCELLANEOUS
PROVISIONS
INTERNATIONAL NA/tOOTICS CONTROL
OODEILIIINION
Sec. 601. (a) There b established the
International Narsotics Control Commission
(hereafter in this section referred to as the
"Commission").
(b) The Commission is authorized and di-
rected?
(1) to monitor and .promote international
compliance with ii tics control treaties.
Including eradication, money laundering.
and narco-terrorism; and
(2) to monitor and encourage United
States Government and private programs
seeking to expand international cooperation
against drug abuse and nazcotics trafficking 11 I
(0(1) The Commission idaall be col:caromed
of twenty-two members as follow&
(A) Seven Members of the Rome of Rep-
resentatives appointed by the Speaker of
the Rouse of Representatives. Four mem-
bers shall be selected from the majority
party and three shall be selected, after con-
sultation with the minority leader of the
Rouse, from the minority party.
(E) Seven Members of the Senate appoint-
ed by the President of the Senate. Four
members shall be selected from the osaiori-
ty party of the Senate, after consultation
with the majority leader, and three shall be
selected, after consultation with the minori-
ty leader of the Senate, from the minority
party.
(C) One member of the Department af
State appointed by the President.
11)) One member of the Department of
Justice appointed by the President who
shall be the Attorney GeneraL
(E) One member of the Department of the
Treasury appointed by the President.
(P) rive members of the public to be ap-
pointed by the President after consultation
with the members of the appropriate con-
gressional committees.
(2) There shall be a Chairman and a
chairman of of the Commission.
(3) On the date of enactment of this sec-
tion and at the beginning of each odd-num-
bered Congress, the President of the Senate.
on the _recommendation of the majority
leader, shall designate one of the Senate
Members as Chairman of the Commission.
At the beginning of each even-numbered
Congress, the Speaker of the House of Rep-
resentatives shall designate one of the
House Members as Chairman of the Com-
mission.
(4) At the beginning of each odd-num-
bered Congress. the Speaker of the Rouse of
Representatives shall designate one of the
Rouse Members as Cochairman of the Com-
mission. At the beginning of each even-num-
bered Congress, the President of the Senate,
on the recommendation of the majority
leader, shall designate me of the Senate
Members as Cochairman of the Commis-
sion.
(d) In carrying out this section. the Com-
mission may require, by subena or other-
wise, the attendance and testimony of such
witnesses and the production of such books,
records, correspondence, memorandums,
papers, and documents as it deems neces-
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S 7876 CONGRESSIONAL RECORD ? SEN
miry. eubpeims may be iastied over the sig
nature of the Chairman o/ the Commission
or any TDEMber designated by him. and ma)
be served by any person designated by the
Chairrnon or such member. The Chairman
el the Corrinul or any member desig?
riated by him. may administer oaths to WU
witness
teo in order to assis? the Commission in
icarrYing out its duties. the President shall
submit to the Commission a semiannual
report regording the status of eximpliance
with narcotics ?lacteal treaties, the first one
to be submitted six months after the date of
enacUnent of this riection
(1) The Commission is authorized and di,
:acted to report to the Rouse of RePresenta ?
lives and the Senate with respect
matters covered by this section on a periodic
basis and to provide information to Mem-
bers of the ROUSE of Representatives and
the Senate as requested For each fiscal
year for which an appropriation is made the
Commission she) submit to thi- Congress a
oeport on its expenditures under .such ap-
propriatiOn
(gEji There are authorized to be appro-
priated to the Commission for each fiscal
year and to remain available until expended
S550.000 to aosict in meeting the expenses of
the Commission for the purpose of carrying
out the provisions of this section, SIMI) LEE
pro,priatioe to be disbursed on a voucher to
be approved by the Chsirman of the Com-
mission
f2) For purposes of section 502;b) of the
Itutal Secorrhy Act of IPSO the Commission
*hall be deemed to be a standing committee
of the Orwress and stroD be entitled to the
use of funds in accordance with such see-
(
(E) Not to exceed 1$6,000 of the fonds ap-
propriated ie the Commission for each
fiscal yesuay be need for official reception
Nod reprm..ab,ons3 expenses.
Chi The Commission may appoint and fix
the pay of south staff personnel as it deems
desirable, without regard to the provisions
of title 5, United Statee Code, governing ap-
pointments in the ticierspeloitive service, and
without regard to the provisionS of e'hapter
al and saadiapter III of etmpter VI of such
title relating tiazgirpnatiors and general
schedule pay rates
Mrs. HAWKINS. 'Mr. President, this
a.mendment authorizes the Depart-
naent of State to -establish the Internii-
tionol Narcotics Control Commission_
*Jo threat strikes America more fre-
quently nor snore gravely than the
threat of narcotics It makes Its
use left in /mar-homes, failed education,
lower productivity. impaired national
defense, increased-violent crime, addic-
tion, and, yes, death_
To combat this threat effectivels, we
must -use a II-tree-pronged approach:
we mast eradicate, we must educate,
and we must cut off drugs at the
source. In order to achieve the eradica-
tion of drug abuse in our Nation, we
must fight the battle against illicit
narcotics simultaneously on all three
fronts. and in.so doing we must use
every weapon at our disposal.
A racist aseful weapon, using as an
example the highly successful Helsin-
ki Commission, would be an Interna-
tional Narcotics Control Conunission,
designed to monitor and promote
International rompliance with narcot-
ics control treaties, hicluding those In-
volving eradication. ioney laundering
and terrorism. This Commission would
- also mcmitor and encourage US. Gov
errunent and private programs seeking
to expand international cooperation
'against drug abuse and narcotics traf
licking.
The composition Of the Corruniasion
would be as follows: seven Members of
the House of Representatives appoint-
ed by the Speaker, four of whom
would be finial the majority party, and
three of whom would be from the mi-
nority party; seven Members of the
Senate appointed by the President of
the Senate, again. 'with four being
from the majority party, arid three
from the minority party; one member
of the Department of State appointed
by the President; one member of the
Department of Justice appointed by
the President; one member of the De-
partment of the Treasury appointed
by the President. There would also be
private sector representation on the
International Narcotics Control Com-
mission, with five members of the
public to be appointed by the Presi-
dent after consultation with the mem-
bers of the appropriate congressional
committees. There would be, of course,
a Chairman and a Cochairman of the
Commission.
A rotating system would be estab-
lished tor the designation of the
Chairman of the International Narcot-
ics Control Commissioia. with the
President of the Senate designating
one of the Senate Members as Chair-
man in even-numbered Congresses,
and the Speaker of the Rouse desig-
nating one of the House Members as
Chairman -during odd-numbered Con-
gresses. The Commission would also be
provided with subpoena
The President of the United States
will participate in the activities of the
Cooimiasion by submitting a se:infan-
t:in-al report with regard to the status
of international compliance with oar-
eotic.s iiontrol treaties, the initial
report to be submitted 6 months after
the ciaLte of enactment of this proposal.
In turn. Abe Commission is authoriz.ed
and directed to report to the Congress
on a periodic basis, and at The end of
each fiscal year the Commission will
submit to the Congress a report on its
expenditures.
Mr. President, a twell-atructured and
well-supported entity such as the
Lnternational Narcotics Control Com-
mission would be of invaluable assist-
ance in the battle against drug abuse.
Enactment of this legislation wou5d
provide an international forum for
consideration of narcotics -control ef-
forts worldwide, and would enable my
colleagues in the U.S. -Congress to ex-
press their ooncern in this most vita/
of issues. Mr. President, as we all work
together to achieve the eradication of
drug abuse, I wish to take this oppor-
tunity to urge speedy adoption of this
amendment.
WE NEED AN INTERNATIONAL NARCOTICS
ICONT110100101LIBEIOS
DsCCINCINI. Mr. President, I
rise In -support -of an arneruiment of-
fered by the distinguished Senator
ATE June 11, 1985
- from Florida, Senator Havrxins, and
urge its adoption today.
Mr. President, this amendment is
- probably long, long oyerdue. The nar-
cotics smuggling problem and drug
abuse problem in this country is an
International disgrace and needs an
international solution. The amend-
ment of the Senator from Florida
would take the first step in the direc-
tion of monitoring what international
remedies might be available to stem-
ming the tide of drugs from foreign
countries Into the United States. By
establishing an International "watch
dog" oommission to monitor and pro-
mote international compliance with
narcotics control treaties, we will be
assured that snore than casual review
of intertiational drug control programs
will be -brought to bear. Furthermore.
the Hawkins amendment will help to
assure that the United States and all
foreign countries who suffer from the
drug plag-ue, will work together to
rcrafickitng.multilatera.) agreements to
combat drug abuse and narcotics traf-
Mr. President, our efforts to force
foreign drug source countries to crack
down on the drug trafficker have, been
mixed. On the one hand, we see a
country like Colombia finally getting
tough on the drug trafficker in that
major producer of cocaine and mari-
juana. On the other hand, we pee
countries like Peru and Bolivia virtual-
ly paralyzed by the narcotics trade
and unable to make anything more
than adept in the flow of drugs out of
those South American countries_ Add
to these the continuing role of the Ba-
hamas, Jamaica, and Bells as major
itansshOment countries for drug
trafficking.and it as cleat that we need
a more cohesive, international policy-
in our war on drugs. Hopefully, the
International Narcotics Control Com-
mission that would be established by
this amendment will bring the .drug
source, drug transshipment, and drug
consumer nations together lin a
common goal to rid the world of the
drug poison that is killing our &dooms
and threatening the lives of our chil-
dren in schools, on the playground,
and in the home_
Pregidento I am pleased to be a
cosponsor of this amendment. It is an
idea whose time has come. On the one
aide of our war on drugs we are
making great progress In drug inter-
diction by beefing up our civilian and
military Interdiction capabilities. On
May 21, the Senate passed ley amend- "
relent to 'thedefense authorization bill,
establishing for The first time in histo-
ry, a peacetime drug interdiction capa-
bility within the Department of De-
fense. The Customs Service has done a
good job of beefing up its interdiction
capabilities, as has the Coast -guard.
However, on the other hand, our abili-
ty to move foreign governments to
match the resolve of -the United States
Iii attacking the drug smuggler, has
been less successful. The Commission
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Juni il, ISS5 CONGRESSIONAL RECORD ? SENATE
estahleiked in this arnenchnent may be
the catalyst that aims us to turn the
corner in the crucial international
arena to halt !rue shoat and drug
traff ng .
Mr. President, I urge the adoption of
the amendment and iipplaud Senator
HAWKINS for her initietive and persist-
(Mt in this matter.
Mr. BIDEN. ate. President, I support
the concept of an International Nar-
cotics Oontrol Commission to encour-
age cooperation on the important
issue of international narcotics con-
trete Five years ago in my report enti-
tled, "The Sicilian Connection South-
west Asian Heroin En Route to the
United States- I stressed the need for
greater bilateral and multinational co-
operation in dealing with the interna-
tional problem of drug abuse. My
report ciesely stated the need to bring
this tragic issue to a higher level of
international concern. Therefore, in
this context I believe the Commission
could provide a very useful service.
There are several Issues that I would
like to be considered as part of the leg-
islative record on this amendment that
will not be directly reflected In the
statutory language.. With regard to the
membership of the Cnrandesion, I be-
lieve it is essential that the congres-
sional Members be chosen based on
their committee assignments and ex-
pertise on foreign relations and inter-
national narcotics matters. This
should certainly be the case with
regard to the Chairman and Cochair-
man. Additionally, if the Commission
is to truly serve a useful purpose in
'the international community, the five
public members should be known ex-
perts/leaders in this subject area and
not political appointments made
simply to pay off some favor. These in-
dividuals should be recogeized
throughout the international commu-
nity for their work in promoting bilat-
eral and multilateral cooperation in
stemming drug abuse and narcotite
trafficking throughout the world.
It is equally importent that the pro-
posed member from the Department
of Justice be the Attorney General,
which, under legislation Included in
the crime package last year, makes
him the Chairman of the National
Drug Enforcement Percy Board. .Eas,
role as Chairman of this Board is to
serve as the individual Congress and
the American people will look to as
the primary adviser to the President
and Congress on national and interrn-
tional antidrug programs. I am glad
that the Senator from Florida agrees
that he be a member of this Commis-
It is important that the activities of
this Commi.ssion reflect a consistent
position of the Congress and particu-
larly those congressional committees
most responsible for oversight of nar-
cotics enforcement and international
drug izafficking. It would be extreme-
ly damaging to our International drug
abuse strategy If the Commission was
viewed
as duplicative or sending mixed
signals abroad as to the U.S. drug
policy.
I do believe that the Commission can
provide a stronger voice le the a:sterna-
(Sono) ,communiey on the issue of drug
abuse:However, I would hope that in
the final agreement reached in the
House and Senate conference, that
these concerns shared by myself and
others be considered.
Mr. LUGAR. Mr. President, I com-
mend the distinguished Senator from
Florida for this amendment and equal-
ler for the strong and vigorous leader-
ship she has given in the light against
drug abuse In this country and inter-
nationally. She has been outspoken,
she has been courageous and, in my
Judgment, she has been highly effec-
tive.
This amendment, once again, ex-
tends that record of service. On our
side, we are prepared to accept the
amendment.
Mr. PLL. Mr. President, I join in
commending the Senator from Florida
on this arnenchnent. This commission
could be exceptionally useful. I am
very glad. Indeed, to join in supporting
It.
The PRESIDING OFFICER. Is
there further debate? If not, the ques-
tion is on agreeing to the amendment.
The amendment (No. 329) was
agreed to.
Mr. LUGAR. Mr. President, I move
to reconsider the vote by which the
amendment was agreed to.
Mrs. HAWKINS. I move to lay that
motion on the table._
The motion to lay on the table was
-agreed to.
escasucit concerting TO LIKKA-MIKIPT MO. SI
Mr. LUGAR. Mr. President, I ask
unaniniaus consent that a technical
correction be made to amendment No-
311. sponsored by the distinguished
Senator - from New York [Mr.
D'Ameeol. This inlenctment was to in-
crease the total siulborization tor
USIA and then earmark the increase
kir the specific purposes.
The PRESIDING OFFICER.. With-
out objextiate it is Wrk ordered.
The amendment (No. am, as mode-
Lcd, reads
86 -Oa page 1, line 1, of the Welcker Amen&
ment No. 294, as amended, change the
dollar amotmt $1137,t23 bon
At the end of the bill, insert:
IMPTIJOLINTAL MITOORIZATION POI
IINTMIOATI.ONAL, skarn
Sir -. Of the fundlatithorined to be ap-
propriated for fiscal year 1986 be section
202(a), $3,1300,000 shall be available only to
reimburse expenses associated with the XV
World Genres for the Deaf, the Ftfth Na-
Moira! Amputee Championship, anti the
IS'Illisticasal Cerebral Paky/Les Autres
Ciames.
TIBCTLIMILL cosorecrroar TO JOLENTOCENT NO. 300
Mr. LUGAR. Mr. President, I ask
mianimeras consent that a technical
change be made to sonendment No
300, sponsored by the distinguished
Senator from Florida [Mrs flevrems1
to conform it to the unanimous-con-
sent agreement.
S 7877
The PRESIDING OFFICER_ With-
out objection, it is so ordered
The technical change reads as fel-
lows:
in Arnaiimeat Sea on page 11. line 21.
delete the "Ur inserted after "a-, and
strike "(2Xa)" through "Marti program."
Mr. LUGAR. La renewing the eon -
gressional findings section from
amendment No. 300, we are merely
beating the amendment to a furefing
earmark, with no prejudice to the sub-
stance of those findings or criticism of
the program. Indeed. In making this
earmark, Congress is increasing the
funds available to the program.
Mr. FELL. That in correct.
Mrs. HAWKINS. That is correct.
I wish to commend and endorse the
decision Of the President to begin
broadeasting the Radio Marti Program
on May 20, 19E15. It gives the people of
Cabe a reliable alternative to the Gov-
ernment-sponsored propaganda of the
Castro regime. As we knots, the pur-
pose of the legislation that created the
Recto blare Program was to promote
the cause of freedom in Cuba by
broadcasting accurate and objective
programing into Cuba.
Mr. LUGAR. I too wish to cornmend
the President's decision to begin
broadcasting the important Rsiclie
Marti Program, and to commend as
we the distinguished Senator from
PiOniti. for her ctiligent efforts on its
behalf.
AMENDICTS7T MO. 323
Mr. LUGAR. Yesterday. the Senate
agreed to amendment No. 325, spon-
sored by the distinguished Senator
from New MEXiCO Mr. Dominica I
wish to propound a question concern-
ing the sponsor's intention in offering
the amendment. Mr. President. as I
em-derstand the amendment concern-
ing exchanges and grants in Latin
America, Central America and the
Caribbean, the intention is to earmark
funds for grants and exchanges in that
pert of the world. The earmark is
based on the congressional budget
presentation, and includes funriine for
the Fulbright Graduate Program and
the International Visitors Program. as
well as for the Central American Un-
dergraduate Scholarship Program_ Is
that the intention of the sponsor?
Mr. DOMENICL Mr. President, that
Is my intention.
Mr. LUGAR. Mr. President, I sug-
gest the absence of a quorum,
The PRESIDING OFFICER. The
clerk will call the roll.
The legislative clerk proceeded to
call the roll
Mr. LUGAR. Mr. President., I ask
unanimous consent that. the order for
the quorum call be rescinded_
The PRESIDING OFFICER. With-
out objection, it is so ordered.
Mr. LUGAR,. MT. President, I ask
tmanimous consent that the two
aniendinents by the distinguished Sen-
ator from North Carolina, Senator
HELMS be temporarily set aside, that
consideration might recur on the
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