INCREASED DOD ROLE IN DRUG INTERDICTION
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Publication Date:
May 24, 1988
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MEMO
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MEMORANDUM FOR: NIO/N
C/SAS/DO
AGC/DO
C/ILD/OGC
C/ALD/OGC
C/ICAD/OGC
FROM:
24 May 1988
OCA 1634-88
Legislation Division STAT
Office of Congressional Affairs
SUBJECTL Increased DoD Role in Drug Interdiction
1. On Thursday, May 12, 1988, during floor consideration
of S. 2355 (the Department of Defense (DoD) authorization bill
for fiscal year 1989) the Senate adopted an amendment which
would increase DoD's role in the interdiction of drugs coming
into the United States. A copy of the amendment as adopted is
attached for your information.
2. You will note it requires the President to designate a
"lead agency" which, the Senate recommends, be DoD. You will
also note it requires the President to submit within thirty
days of the enactment of the legislation a plan on how
resources, including intelligence resources, will be deployed.
3. The Senate continues floor consideration of the bill
with final passage expected in the very near future. The House
version of this legislation, H.R. 4264, passed the House on 11
May 1988 and contained a similar provision. (See attached
Congressional Record, dated Ma l'88 . H2992-2994.
Attachments
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STAT
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S 5752 CO6IRESSIONAL RECORD ? SENATLK) May 18,', 1888
Mr. DOLE. lir. President. I yield 5
minutes to the Senator from Califor-
nia.
The PRESIDING OFFICEEt. The
Senator from California.
IMGENDMENT NO. 2069
Mr. WILSON. Mr. President. I send
an amendment to the desk and ask for
Its immediate consideration.
The PRESIDING OFFICER. The
clerk wM report.
The asidstant legislative clerk read
as follows: ,
The Senator from California (Mr.
Wilson), for himself, Mr. Num:, Mr.
Waimea, Mr. DaCcorcurt, "Mr. D'Assaro, Mr.
GRAHAM, Mr. Thasumogro, Mr. Qualm Mr.
Dots, Mr. Swam& Mr. Boscawrra Mr.
DIXON, Mr. RIINTSEN, Mr. TRIBLE, Mr.
Duasacrsznala, Mr. GRAMM, Mr. DORE, and
Mr. WIRTH proposes an amendment num-
bered 2069.
Mr. WILSON. Mr. President, I ask
unanimous consent that reading of the
amendment be dispensed with.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
-
The amendment is as follows:
On page 171, between lines 2 and 3, insert
the following new sections:
SEC. 931. DRUG ENFORCEMENT ASSISTANCE
(a) FENDINGS.?The Congress finds that?
(1) the transport f weapons, drugs, and
other contraband, as well as terrorists,
across the borders of the United States con-
stitutes a threat to the national security*,
(2) a mission of the armed forces of the
United States will be to assist Federal law
enforcement agencies responsible for the
interdiction of illicit drugs entering the
United States by an aircraft or vessel:
(3) the additional resources and funds nec-
essary to carry out this section should be
made available to the Department of De-
fense; and
(4) activities under this section by mem-
bers of the armed forces should be carried
out to the maximum extent practicable in
consultation and cooperation with appropri-
ate law enforcement agencies.
(b) GUIDELINES TO THE MILITARY DEPART-
NtEZZTS.?ZeCtioTt 113 of title 10, United
States Code, is amended by adding at the
end of the following new subsection:
"(k) The Secretary of Defense with the
advice and assistance of the Chairman of
the Joint Chiefs of Staff, shall provide an-
nually to the Secretaries of the military de-
partments and to the Commanders of the
Combatant Commands written guidelines to
direct the effective detection and monitor-
ing by the Army, Navy, Air Force, and
Marine Corps of all potential aerial and
niaritime threats to the national security of
the United States. Such guidelines shall in-
clude guidance on the specific force levels
and specific supporting resources to be
made available for the period of time for
which such guidelines are to be effective.".
(C) LEAD AGENCY FOR DETECTION.?(1) Not
later than 30 days after the date of enact-
ment of this Act, the President shall desig-
nate a single lead agency for detection and
monitoring of aerial and maritime transit of
illegal drugs into the United States.
(2) It is the sense of the Congress that the
Department of Defense has unique capabili-
ties, experience, equipment, and trained per-
sonnel and has contributed to the detection
and monitoring of aerial and maritime tran-
sit of illegal drugs into the United States,
and the President shall give priority consid-
eration to these factors in making the desig-
nation required by paragraph (I).
(d) COMMAND. CONTROL, COMMUNICATIONS,.
END irprzimasucc Nrrwoax.?(1) Not later
than 90 days after the date of enactment of
this Act, the President shall report to Con-
gress his plan for integration by the Depart-
ment of Defense of command, con-
trol, communications, and intelligence
assets of the United States dedicated to the
-interdiction of illegal drugs.
? (2) Not later than 120 days after submis-
sion of the report required by paragraph
(1), the President Shall report to Congress
his plan for assignment of the responsibility
for operating the command, control, com-
munications, and intelligence network de-
scribed in paragraph (1).
(e) Mason= RADAR DOVERAGE.?As soon as
practicable after the date of enactment of
this Act, the President shall deploy radar
surveillance aircraft in sufficient numbers
to provide an appropriate increase in the
flying hours dedicated to drug Interdiction.
An appropriate increase of flying hours
Shall be dedicated to assistance to civilian
agencies responsible for drug interdiction.
An appropriate Increase of flying -hours
Shall be dedicated to such assistance along
the Southwest border of the United States
until such time as the aerostat radar surveil-
lance systems that, as of the date of enact-
ment of this Act, are planned for installs-
don along such borders, are fully operation-
al.
(f) LOAN OF Ptrasurr Aracrtarr.?The De-
partment of Defense shall make available to
the Coast Guard and Customs Service rotor
wing and fixed wing aircraft of the armed
forces to be used by such agencies in the
pursuit of aircraft or vessels involved in ille-
gal drug operations.
(g) DRUG INTERDICTION ASSISTANCE.?(1)
Section 374(c)(2) of title 10, United States
Code, is amended by inserting at the end
thereof the following new subparagraph:
? "(C) Equipment operated by or with the
assistance-of personnel of the Department
of Defense for the purpose of monitoring
and communicating the movement of air
and sea traffic (including equipment operat-
ed by or with the assistance of personnel as-
signed under subsection (a)) may be used to,
Intercept vessels and aircraft for the pur-
pose of identifying and communicating with
such vessels and aircraft and directing such
vessels and aircraft to a location designated
by appropriate civilian drug enforcement of-
ficials.".
(2) Section 374(c)(1) of title 10, United
States Code, is 'amended by?
(1) striking out "In an emergency circum-
stance, equipment" and inserting in lieu
thereof "Equipment": and
(2) striking out "determine an emergency
circumstance exists" and inserting in lieu
thereof "approve such assistance".
(3) Section 379 of title 10, United States
Code, is amended by inserting the following
new subsections at the end thereof:
''(e) Under regulations jointly prescribed
by the Secretary of Defense and the Secre-
tary of Transportation in consultation with
the Attorney General, members of the
armed forces who?
"(1) are assigned to duty on vessels of the
Navy to which a member of the Coast
Guard has been assigned under this section.
"(2) have been provided with appropriate
training in the law enforcement functions of
the Coast Guard, and
"(3) have been designated by an author-
ized member of the Coast Guard to perform
the law enforcement functions of the Coast
Guard
may, outside the United States, assist or
perform any of the law enforcement func-
tions of the Coast Guard under section 89 of
title 14, United States Code.
- "(f) Upon motion by the Attorney Gener-
al or his designee, any civil action, claim, or
proceeding brought against any member of
the armed forces arising from such mem-
ber's performance of duties under this chap-
ter shall be deemed an action exclusively
against the United Stateri and the United
States shall be substituted as s party de-
fendant. The United States shall be entitled
'to all defenses otherwise available to an em-
ployee of the United States under state or
Federal law as well as defenses to which the
United States is independently entitled.".
(h) ENHANCED DRUG INTEDICITON AND EN-
FORCENEENT ROLE FOR THE NATIONAL GUARD.?
(1) PREAMBLE.?Congress having made a
finding that "the transport of weapons,
drugs, and other contraband, as well as ter-
rorists, across the borders of -the United
States constitutes a threat to the national
security," the Secretary of Defense is direct-
ed to urge the Governors of the several
states to provide plans for participation by
the National Guard in performing the ob-
jectives of this law.
(2) IN GENERAL.?(A) The Secretary of De-
fense may provide to the Governor of a
State who submits a plan to the Secretary
under paragraph (B) sufficient funds for
the pay, allowances, clothing, subsistence.
gratuities, travel, and related expenses of
personnel of the National Guard of such
State used for the purpose of drug interdic-
tion and enforcement operations and for
the operation and maintenance of the
equipment and facilities of the National
Guard of such State used for such purposes.
(B) The Secretary may provide funds
under paragraph (A) to the Governor of a
State who submits a plan to the Secretary
specifying how personnel of the National
Guard of such State are to be used in drug
enforcement and interdiction operation by a
National Guard of a State unless?
(I) such operations are conducted at a
time when personnel of the National Guard
of the State are not in Federal service; and
(ii) participation by a National Guard per-
sonnel in such operations is service in addi-
tion to annual training required under sec-
tion 502 of title 32, United States Code.
(C) Before funds are provided to the Gov-
ernor of any State under this section, the
Secretary of Defense shall consult with the
Attorney General of the United States re-
garding the adequacy -of the plan submitted
by the Governor to the Secretary.
(3) Sonacs or FUNDS.?(A) Of the amounts
appropriated pursuant to section 301(a), up
to $30,000,000 shall be available for the pur-
poses specified in paragraph (1).
(B) Of the amounts appropriated for Na-
tional Guard Personnel, Army, and National
Guard Personnel, Air Force, for fiscal year
up to $30,000,000 shall be available for the
purposes specified in paragraph (1).
(4) REPORT.?(A) Not later than 90 days
after the date of enactment of this Act. the
President shall submit to Congress a report
on the potential effectivnesss of using mem-
bers of the National Guard and the Re-
serves for drug interdiction efforts, consist-
ent with applicable law, along the borders
and at the points of entry of the United
States.
(B) The report described in paragraph (A)
shall include consideration of the potential
for the long-term use of National Guard
units of Arizona, Texas, California, Oklaho-
ma, New Mexico, Tennessee; South Caroli-
na, Florida, Virginia, New York, Georgia,
and other states as appropriate, to perform
drug interdiction operations, consistent with
applicable law, coordinated by the Chief,
National Guard Bureau, the Director of Op-
eration Alliance Joint Command Group, and
the Command. Communications, Control,
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May 13, 1988 CerlIGRESSIONAL RECORD ? SENAlLIfi
and Intelligence Centers at March Air Force
Base. California and Richmond Heights,
Florida.
Ruts or ConsTaucnoa.?Nothing in
this section or in the amenchnents made by
this section shall be construed to limit the
authority of the executive branch in the use
of Department of Defense personnel or
equipment for law enforcement purposes
otherwise authorized by law.
(.0 Reimer By THE Pazsmswr.?Not later
than September 1, 1988, the President shall
submit a report to Congress containing leg-
islative proposals, including budgetary re-
quests, to enhance the capability of the De-
partment of Defense to perform the func-
tions described in this section.
Mr. WILSON. Mr. President, I rise
to urge adoption of the amendment
which I offer on behalf of myself and
SeMIMS NUNN, WARNER, DECoNcuu,
D'AmATo, GRAHAM, THURMOND, CHILES,
DOLE, SASSER, BOSC.HWITZ, DIXON,
BENTSEN, TRIBLE, DURENBERGER, and
GRAMM.
Mr. President, let me begin by giving
credit where It is due to those who
have participated in a strenuous and
extensive negotiation not only with
each other but with officials of the
Department of Defense and the De-
partment of Justice. We are offering
today legislation that gives the prom-
ise not of ending the tragedy of -drugs
In America but one that can make a
very significant improvement in our
ability to combat that problem.
I fully expect that later in this ses-
sion as part of a comprehensive effort
by the Congress we will submit legisla-
tion dealing with the necessity of cur-
tailing demand.
But let me just say, Mr. President,
that it is simplistic and misses a signif-
icant point to simply announce that
were there not the demand, not the
market for drugs in America, there
would be no problem.
There is necessarily a very definite
and a tragic relationship between the
flood of drugs that is available in this
Nation and the increasing addiction,
because that flood of drugs not only
feeds an appetite, but it is used to
create a market. Unhappily, tragically,
the market for these drugs are the
most vulnerable in our society?the
youngest, the poorest, the most sus-
ceptible. And they are found not just
in the inner city or in the suburbs, but
also in rural areas. They are found in
virtually every economic stratum of
our society. The one distinguishing
characteristic they have is that they
are young.
I will tell you that I am not terri-
bly?I am saddened?but not terribly
eager to spend time on someone who is
40 years old who has decided that he is
going to do something dangerous with
his health. I am concerned about chil-
dren-9, 10, 11 year old children.
What we are saying, Mr. President,
is that local law enforcement in this
Nation is overwhelmed. There is a
reason that street cops and policy
chiefs and sheriffs are the ones urging
that we do something to curtail
demand by education, by prevention,
by treatment and rehabilitation. It is
because they are in the business of
Interdicting the supply, trying to stop
it from ever reaching the market?the
market that exists on school grounds
and play grounds.
Mr. President, in order to make their
job far less dangerous, far less chal-
lenging, and far less expensive to the
taxpayer, we are bound and deter-
mined to do what we can to interdict
the supply of drugs beyond the bor-
ders of the United States. Why? For
the very simple reason that for every
dollar that we expend on interdiction
of supply beyond the borders of the
United States, we have better than
doubled the return for that same
dollar invested in local law enforce-
ment efforts which, Mr. President, is
no pejorative commentary on the local
law enforcement. To the contrary, it
Is, rather, a commentary on the over-
whelming odds that ate faced by
police departments and sheriff depart-
ments all across this land once they
are compelled to deal with this trage-
dy at retail.
What we are attempting to do here
is to deploy the assets of the military,
very considerable assets, in particular
having to do with a capability for sur-
veillance, for detection, for tracking of
maritime vessels and aircraft by which
the great majority of drug smuggling
into the United States is accom-
plished. And it is for that reason that
this amendment Is before us.
The amendment contains findings
by the Congress, specifically that the
transport of drugs and contraband is,
In fact, a menace to national security.
It is a serious threat, Mr. President.
The chairman of the Armed Services
Committee and the cosponsor of this
amendment spends a great deal of
time, as do I and some of the others on
this floor, worrying about other risks
to national security. But to use the el-
oquent phrase that he employed the
other day, we are dealing with nothing
less than chemical warfare against the
youth of this Nation, against the
future leadership of America.
So it is appropriate that Congress
find that the drug traffic constitutes a
threat to national security and that a
mission of the Armed Forces of the
United States shall be to assist Federal
law enforcement agencies responsible
for the Interdiction of those drugs en-
tering the United States by aircraft or
vessel.
This will provide guidelines to the
military departments. It will require
that the President submit to the Con-
gress a plan that will -best integrate
and employ the military and civilian
assets at our command. It expresses
the sense of the Senate that the De-
partment of Defense has unique capa-
bilities, experience and equipment to
participate in the kind of detection
that is necessary if we are to stop
drugs before they gain entrance to our
Nation, stop them beyond our borders.
It looks to the expertise which the
military holds by virtue of their expe-
rience and equipment in con-ha-tan_
S 5753
control and communications. It pro-
vides for airborne radar coverage, par-
ticularly of the southwestern border,
until such time as aerostats can be em-
ployed and put in place there because
of the special vulnerability of that
very porous, very mountainous stretch
of terrain_
? It requires that the military loan
adequate rotor and fixed wing aircraft
to engage in the pursuit and surveil-
lance of suspected aerial smugglers. It
permits the use of military pesonnel
who have been cross-sworn by the
Coast Guard to have the same law en-
forcement abilities beyond the borders
of the United States?not within, but
beyond?as may be necessary in order
to assist the Coast Guard and other
law enforcement activities primarily
employed in the interdiction of drugs
from achieving their mission.
Mr. President, there was great
debate as to whether or not we should
Involve the military. We have had that
debate before. Indeed, there are some
converts to the cause. At one time
some time ago, I thought it inappro-
priate that the military be involved,
that we should, rather simply, give
greater assets to the civilian law en-
forcement agencies charged with that
primary responsibility.
Mr. President, what has happened in
the interval is that the drug traffic
into the United States has reached
floodtide. The problem has reached
crisis proportions and it is necessary
for us to deal with it in a timely fash-
ion. We cannot ignore it. We cannot
Ignore the availability of the assets at
our command.
So let me simply give to the chair-
man of the Armed Services Committee
my sincere thanks for his cooperation,
and to Senator DEConcirn, Senator
D'AMATO, and Senator GRAHAM, who
were central to these negotiations,
who worked long and hard hours to-
convince the Department of Defense.
The PRESIDING OFFICER. The,
time of the Senator has expired.
Mr. WILSON. I ask unanimous con-
sent that my time be extended by 2
minutes.
Mr. DOLE. I cannot do that. We
have nine Senators, trying to divide 22
minutes between them.
Mr. WILSON. Very well. I will be
compelled to shorten my thanks to the
distinguished Senators who participat-
ed in this. I simply ask that their hard
work be rewarded, as it should be, and
more importantly, America's youth be
protected by an "aye" vote.
The PRESIDING OFFICER. Who
yields time?
Mr. DOLE. How much time remains?
The PRESIDING OtoleICER. There
are 21 minutes remaining.
Mr. DOLE. The Senator from Cali-
fornia took 9 minutes. We are going to
have a real problem here.
I yield 5 minutes to the Senator
fi cm New York, hoping he will not use
it ell.
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SUBJECT: Increased DoD Role in Drug Interdiction
OCA/LEGi
(24 May 1988)
Distribution:
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1 - DDL/OCA w/o atts)
1 - C/EPS DO (w/atts)
1 - (w/o atts)
1 - (w/o atts)
1 - OCA_Registry_(ds atts)
OCA/Lg,g/Subject File:
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1 - OCA Read (w/o atts)
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STAT
STAT
STAT
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'112992.
NGRESSIONAL RECORD ? HOUSE May 5, 1988
(i) RADAR covnucta?As soon as practica-
ble after the date of the enactment of this for Navy other procurement is hereby in-
Act, the President shall deploy radar air- creased by $45,000.000 for Draeurement of
two aerostat radar surveillance sYttems.
Mn page 3. strike lines 21-24. ,
CO
the -Committee of the Whole now is
whether or not this amendment to the
amendment is germane, The Chair is
prePared to sule..
? Does the gent-l= from Odifornia
1:Mr. &Malin desire to- be heard on
the point of order? -
- -vseiuisistrraity nnaiiinr
? Mr. BADRANL No, Mr.' Chairnian,
have a parlianientary inquiry. ? -
The CHAIRMAN-pro tempore. The
gentleman will state it. '
-Mr. -RADHAM:--Mr. -,-Ch-airmatt,, my
parliamentarY,Mquiry is`that allusiOn
Was Made to the ? fact ,that ? wit had - a
,deadlbxe for .subtnitting ainenchnetiti.
Is it not true that there was?no 'dead-
line for submitting ainendinents?
The CHAIRMAN pro teMPore. That
would be -a question' the gentleman
-would have to 'ask the -Rules Commit-,
tee.
? Mr. .RADHAM. ?I tried, -Mr. Chair-
man, Lord know I tried.
The CHAIRMAN 'pro tempore
Clear of Illinois). The Chair is not Pre-
pared to rule on that question.
The Chair is- prepared to rule on the
point of order. ? i ?
The Chair has examined both the
amendment to the amendment and
the amendment Itself, and as the gen-
tleman from Wisconsin [Mr. Awns)
very clearly points, out, the amend-
ment to .the amendment .now. pending
on which .a -noirit.-al order has been
raised is very clearly beyrind 'the scoPe
of the original amendnumt:Therefore.
-the Chair sustains the liointef order.
For what purpose 'does the 'gentle-
man ,frora Alabama. (Mr.' DICKINSON].
rise? , ? ?
"
AISENDXSNT OFFERED ST IER. DICSINSDN TO THE
? duntstatarr maim IT ate. ASPIN
Mr. -DICKINSON. Mr. Chairman, I
offer an 'amendnient to the -amend-
ment. ' ?
'The CHAIRMAN pro -tempore. The
Clerk will report the amendment.
ASPIN. Mr. Chairman, I reserve
a point of order-against the amend-
ment until we haven chance to see it
The CHAIRMAN-pro tempore. The
gentleman from Wisconsin reserves a
point of order on the,amendment.
The Clerk read as follows: '-
Amendment' offered byMr. DimEntsox to
the amendment offered by Mr. Assnr:
the end of the amendment,,add the follow-
ing new sectinn: ? '
SEC. 1662. usa ov mum roams FOR 1177ERDIC-
. TION OF NA2carics AT 11N/TED
STATES BORDERS. ?
(a) Osamu. Itzeurazassr.?
(1) Aurnoarry To LOCATE, PURSUE, AND
snot AIRCRAFT AND vasszt.s.?Within 30 days
after the date of the enactment of this Act, ?
the President shall deploy equipment and
Personnel of the Armed Forces sufficient to
halt the unlawful penetration of United
States borders by aircraft and vessels carry-
ing narcotics. Such equipment and person-
nel shall be used to locate, pursue, and seize
such vessels and aircraft and to arrest their
crews. Military personnel may not make ar-
rests of crew members of any such aircraft
or vessels SI ter the crew members have de-
parted the aircraft or vessels, unless the
military personnel are in hot pursuit,
(4) The amount 'provided in section 102(4)
craft in sufficient numbers so that during
the hours of darkness there is continuous
serial radar coverage of theamithern border
of the United States.
? (3) Poasorr a15casire.7-The Presjdent also
shall deploy sufficient -lumbers of rotor
:wing and fixed wing aircraft to, prime and
seise intruding aircraft detected by the
.radar aircraft referred to In paragraph (2).
The: President shall '12SB personnel 'and
equipment of the United States Customs
;Service and the Coast Guard to assist in car-
rying Out this paragraph. .
(4) Um or.srarionsintuuta AND In carrying carrying =tills Act, the President shall
-me members of the National Guard and the
'Reserves.?The tours of such members *ball
correspond to their4training commitments
and shall be considered to .be within their
.mission. The President shall withhold -.Fed-
eral funding from any "National Guard unit
whose State commander does not cooperate
with the drug Interdiction programrequired
by tfilt Act. ..? .
?
-
(5) Itxrxwma?The expenses of tarrying
Out this Act shall be borne by the Depart-.
ment of Defense. ' - - - ? -
(b) 46-DAT Dirsourra?The Secretary of
Defense shall substantially halt the =law-
ful penetration of United /States borders by
aircraft and ? vessels!. carrying narcotics
within 45 days after the date of .the enact-
znent of this Act. . _
,
(C) REPORT.7-AS 110011 AS practicable after
the date 'of the enactment of this Act, the
President 'shall report to Congress the fol-
- (t)'ine effect on military readiness of the
drug hatertlictkarprogram required by this
Act -and thecosts In the &maga procure-
ment, operation and maintenance.!and per-
sonnel which'are necesiary to restore readi-
ness to the level existing before commence-
ment of such program.
(2) The number of aircraft, vi4siels, and
persons interdicted during the oneration of
the *drug interdiction - program and the
number of arrest and convieticart resulting
front such program. ? "
(3) Recommendations for any chang'M in
existing law-that may be necessary to mere
efficiently, carry out this program.
(d) RICQUZST Pormrso?Within 90 -days
after the date of the enactment of this 'Act.
-the President shall submit to Congress a re-
. -
guest for?
r(1) the .amount of funds spent as a result
of :the drug interdiction program required
by this Act: and - ? ' ?
? (2) the amount of funds needed to contin-
ue operation of the program through fiscal
Yes= 1988 and 1989.
Stich. request shall include amounts neces-
sary to restore the readiness of the Armed
Forces to the level existing before com-
mencement of the program.
(e) Bower Roaussrs.?The 'President
shall submit in his budget for fiscal year
1990 for the Department of Defense a re-
ouest for funds for the ? drug Interdiction
program required by this Act In the form of
a separate budget function.
(1) This section shall expire on September
30, 1989.
On page 1, line 6, strike "$90,000,000" and'
insert -"$125,000,000", and strike "two" and
insert "three".
On page 1, line 12, strike "$42,000.000"
and insert "$70,000,000", and strike "six"
and insert "ten".
On page 1, line 15, strike $8,000,000 and
Insert $25.000,000.
On page 1. after line 16, insert the follow-
ing:
? 1110 -
Mr. DICKINSON' (during the read-
ing), Mr. Chairman.'1 -ask nnanimOus
'consent that the dment to the
amendment be-considered its read and
- printed In e Racoan.
The CHAIRMAN pro3empore (Mr.
.011AT of MInois). Is there objection to
?the request?ef the gentleman from
-AlabamarY- "` 1 ? . .
? ECKART: Idit."4 Chairman, 1
ObjeCt. -
The 'CHAIRMAN ?pre.teinpore. -Ob-
lation itheard: ?. 1 - -
The Clerk will read.
'The Clerk Completed readirig the
amendment trithe amendment. . -
?The CHAIRMAN insitemPore.
the gentleman-from Wisconsin (Mr.
lAsritrl insist on his point of order -or
reserve his point of order? ?
Mr. ASPIN. Mr. Chairman, we are
Still looking at it to see whether it is
germane.
We still want to reserve the point-of
order. - - - ? -
The CHAIRMAN pro -tempore. The
gentleman *from Wisconsin (Mr.
ASPritl reserves his point of order. ?
The gentleman from Alabama (Mr.
-2Ditsattsins1s is recognized for 5 min-
utes: - ? -; ? ?
7? Mr. DICKINSON.Chairtnalvin
Support of the amenctment'and in op-
position to the,point of order that was
made 'on the initial amendment-that it
was:permanent law and ft exceedecU
the I year of the bill, this amendment
simply changes the time.so that An:
stead of being ,permanent law it con-
forms to the objection previously
raised. The amendment Covers only:1
, year, the life of this bill. WeijiWife done
our ,best to conform it to nietit the ob-
jection previously raised.
For that reason we think that it is in
Of-der on the points of objection raised
before -and we would urge the accept-
ance of the amendment.
Mr. Chairman, I reserve the balance
ofmy time..
The CHAIRMAN pro teinpoie. Does
any Member desire to rise in opposi-
tion to the pending amendment to the
amendment? ? ? ?
Does the gentleman' from Wisconsin
[Mr. Awns) rise in opposition- to 'the
amendMent? . ?
- Mr. ASPIN, Mr. Chairman, I Move
to s'trike the last word.
Mr. Chairman, I yield to the gentle-
man from Ohio (Mr. ECKERT].
Mr. ECKART. I thank the gentle-
man for yielding.
Mr. Chairman, on the gentleman's
reservation ,of the point of order, I
would like to draw to the attention of
the Chair two matters. One is the lan-
guage ? relative to posse comitatus.
That is a matter which is not within
the exclusive jurisdiction of the Com-
mittee on Armed Services. It belongs
_ -
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itir46474W.8714Tg. ? INGREssi- ?
- ? "gr 1,4 I ? -7 T.,
.1:0184110'.4i:ttefereiceiboilbe,Cctin- -a very,,vertimpo ..'rtinatilittie and iacatif::4: thotrilbt;;;
? therefone:f thing that Ithouldlititheklialt WietihY Might rdiihtion'thattheother amen6.
17,3,-.4117 notwitliiic',the couzze oidadoPe,s,of trying to fa-rde an amendment We rare anent triggered this antendment.--c,"f;?7
..?$-.=.411040Titligrakrili iitainteadbient. , going to have to st2Ike ecraiOtb If the "tint of aidei;da sustain-id:1i
" parts 2ifti it, .1 Wtiiild intent to Offek the &Mir-
tion taid dhanges a number ielitairitttO ,lnakeitgOtirrierie We .are goingtnoirW-pnly:iiiinetaithent *Which the.:chadr-
PYgmr-MentslOrAerAcesandriatOlel '",up With stanething that Is nOt obis to 'veninjuat'itiluded. 4 -.12 z ? "
' ? ' lOfothe-Delilutnlelit?-OT.14'exe*k.k theldb:iind we *Anita hive th_ 7:43=The-trelitaltmArl'*0 leinPOie! The
thareas an" .ktdit of the kentlemanifitanNikonsin
- ? *ladditiorialt.iedlon.1117..the :ainetidnaint -aft. ' DiCiUNSONZi'Ate expl*ii,Doei the gen-
j whlh dais with The dradretloDs4sliDi,.--* will the .gentleifian, yield to ine? tlemitri-.:1!rolfn ;Dtmas-
, i.flhority :that * 'commander Inal0finre. mr, Aspw. !yield/CI:he "gezitaaiin.,% Statl.inOte to strike the lest ward?,;- ?
' ..vnieir-1 " 4.?&n2 Atabeint -2 Chairman, I
? " rAfte rrecurom.laupro.:.reverumgliaatair4"?! ,,t-iptc.,:-DiciaNsoN,:ir thing the -ten: -EnOve to atilke the teirditimate ward. '
*irsiek't6711he0etleral;ilatketti-=--. 74-44 ? zhijitnan. we 22gire made Copies
It:Cleaziy 'that Is lf.nlatterAliat?la ? ? '-of? "Ahe ,laririended :iaddback package
- ? -_1131734a0Prse e the gentleman is saying. it Was not , available to theldhairman of the nOro?:
IgetitieTikuilA?vasDPDPIai.',1,1unsuT4 -intent or desire lizi?Prollong disedisenin ? iiiittee. and be indicated Initially" that
**L:' on the bill. LetsseinmtaaY in response he had ziO objection itat. I hope that
to the-points that the _gentleman would be the case, -61 ,the everrt?the
????7 '1'?-?1 W"i"
raised, however, thatkreosallize Mere -point istsf tinier -anstained to the
AheY 'seet'"11 Iherfevelthel 'the **-#12e--' will be a _separate drug hill on Which amendment now -Pending, so that we
tn3111 Altd3azeir4:effal.7el'eel: there will he an onsiortunity tb could get ..on with the 'balance of the
IlaraY Dermditheeeoureettria'sectve with an of these matters. Thisamerid-
the Ainendraerd originally effered by
getatiatitut Afrom misotoristfoind ? meat would not have come up- if tlie UM.- 'M. Mr. Chairman, -would
the gentlemanyield? -
?thattbe poirdocifirliderlhat'flie gett diairman had not "Teed with 'The
thanatetwill.ainertJahanig.-tin Iatt Ale gentleman fronrOzegon AuComl Mr.-. DICKINSON_A, !yield to ?ehe
chairman,of - the coairolttee, the ,gen-
uphadtryltheichab....?. tiske certain amonnt of the SDI
-?fact, Aspix,,,agr..chuirtnittA:let ?,,na?t - money and Plug Winks the addsliadk ? uemanliteD wise0DAD UAL Aselni.
just wint mut that the premem :that packagelor tinig interdon. ?Agtrai. . I thank the gentleman
we are -having with the germaneness If that had not been tin order, this.
for Yielding. ?
here is the =act problem ;that ive amendment would not have come sp. Mr. Chairman, let me propose intim
interest of not 'spending the entire day
incve :with.ltrying to -deal ,with tbla ? So for That reason the gentlemazi
on this issue, let me propose that the
Issue on thistili.fiVe conidposag207 tat from Illinois and .the gentleman from
the end of the .dgy hew ,entimp.agth California though well, if that is problem Is that the language of This
amenchnelit - in several places ;goes
?anamendment that is_gemratre to this going-to bend e invrderwe think our
bill. :We -will. raise 70_ other -points:4f aDiendment !should be ,me order:" -12e2Snd the scope 61 the bill "
9rder.4.11.4tentlen3anwilloorrectluzage .Eam awry catne?Cpotoo. 1"c141"slcetla'`re ?
VMuld Propose& this point that
Nvill Inialt. atid.*es,a twain; sold,so rather It had been dealt with in theca--
drop inypaint of -order Tan the amend-
forth. dinat:ynourse of business. Butrsincelt
ment, we rWill accept the ? amendment
4Bventartilly "we anaillind up with an was not since -the other drug interfilo?
-
amemment which is?7t.eititine to this den money. -was 4njected. tile g,m13,, and do the bestwe nan;With it in 'con-
ference and we will deal With thelssue
biliQatithla time:stint itlatiota?Connire. man from Illinois and the-gentleman .,,,,,,_, _. ...,,?,?
henSive entitach to'tbe dritg.prtiblem from ACalifurnia and the - gentleman "Ll'" "` '''''"'' "'"* ' a'amild think' betlaer
deal with it?to the"rug bill coining yap
and itls Erring Ict Imo& OM-antra Of from Arkansas felt ft was ,ttnely -fair ,.,._ ? --.,.
the PrOVISIODS :4bat':.:41e:igentUttnain that their amendmentbe considered. -,,,,,,`"""' ro..0,,..,-0. ce....m....?_,.... ,..._ ,....,1,....
from Calidonria?latr. animal had in 'Mr. ASPIN. Bet :me reclaim-my timp "" ? L''''''''''''`'"'-'''"' '"`` ''.-/ ' ''''' The
from I appreciate it. L.I. think that -
his amendment: We are int :going to ? anti-let me zespond to 'the gentlenian is a fair 'deal and we-Should do it.
be able . to ;deal ,...i with. - the -: Pinter from Alabama that what we -were deal-'
aniel2dronnt 'An ???._ s:Zill, ;the JEEDDier- lea w?th in this bills:ad toilet we derdt Mr' 118751* Mr" "Charthnah' I with-
Rolrinsort .amenament in this hillhe- with in the add back amendments was" ,r).,,,
draw thepoint of order. -
cause in -order--ta .-..ket? the thing ?ger-: -money elitteated.dor ?certain' kinds -of "-i,?.4.-ncrimilm,,,,RMANi7mA,..?temPGre- The
thane to this Z111-1Ve ase going have- pieces of equipment...:And In our add- r-,'-' - ? - --
The question is on the amendinent
to alter it In wich-a way that we are back package We had 250 million dol.
gOing to end up:not doing whatIoe hirs-svorthacecponrnpntt,hat could be offered by the gentleman from Ala-
bama (Mr. Dimansorti to the amend-
gentleman :from California or the igen- used for drug intyrdiction. The gentle- ,,,,,,,i. ,,,m,?,...,4 h, the iy?,tumuu., fm,n,
tleman froncirkiiisaawould?want to ? man from Alabama; when we canteen ? offered by -------
do. ? - - - Wisco Mir Aseml
- - ?_.,- ,- - ? ? .-. ?. ? ;?? the floor. it& morning, hail an amend- . zulis - ? As pm]. "
We are 'Is= having a look , at
the meetthat would add another 025 roil- ' 'The ,nuestion Was taken; ,'Tind the
?
problem and see ?whether in ?fact we 'Ilan. ?
Chairman pro temPore ? announced
that 4he A s
can make It an emendinent that isger- .The ? gentleman groni Aushams.c M Preared to have it.
mane. But 4t _semis ? to sue we are amendment was ? 'certainly ? consident ' ,escoatrzavtim
trying to torce:ocanething Gin :tone ? -and within the purview if this corn- Mr. SHAW- Mr. Chairman- I demand
which slim:13121ot be forced because we mittee; it was ? consistent with the a recorded vete. ?
are going to end up doing something amendment, .it was clearly a germane A recorded vote was ordered.
that does not make any sense and we amendment and we clearly would have The little was taken by electronic
are .not going bribe able todeal with it had in chance to have the gentleman device, and there were-ayes 385, noes
inn comprehensiv.e waY. * _ ? from Alabaniaa amendment. 23, notivoting 23; as follows: _
The gentleman hoin Alabama :knows What the gentleman from California (Roll iNo. 1053
that his colleague from Alabama, the has ts an amendment that goes beyond . AYES-3B5
chairman of the investigating subman- the issue of funding ships and planes
Anney /Barnard
mittee, and the people on the invest- and goes into the issue of other parts Ackerman Archer
gating subcommittee, - the chairman of the drug-fighting problem, of who Akaka
Alexander Aspin Barton
Bartlett
and I are all committed to a thorough is to make arrests, what the policy is Anderson Atkins Bateman
examination of this issue of the use of going to be and that is what makes Andrews AuCoin
the military .in the drug interdiction this-germaneness problem. Annunzio Badham
Anthony Baker Be!:nett
lie: ? Ivy
problem. It is a complicated issue and Mr. DICKINSON. I understand. Applegate Ballenger lit r(
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"
Declassified
11 :GUM
in Part - Sanitized Copy Approved for Release 2013/01/02 : CIA-RDP89T00234R000200240016-3
CONLiSSIONAL RECORD --HOUSE C--) May 5, 1988
Berman
Bevil(
Bill:akis
BlileY
Bothlert
Boggs
Boland
Bonker
Borski
Bosco
Boucher
Boxer
Brennan
Brooks
Broomfield
Brown (CA)
Brown (CO)
Bruce
Bryant' '
Buechner
Bunning
Burton
Bustamante
Byron ?
Callahan
Campbell
Cardin
Carper
Carr
Chandler
Chapman
enaPPell'
Cheney
Clarke
Clay?
Clement
Clinger
Coats
Coble
Coelho
Coleman (MO)
Coleman (TX) ?
Collins ?
Combest
Conte /
Cooper
Coughlin
Courter
Coyne
Craig
Crane ? '
Dammeyer::
Auden
Davis (fl) ?
Davis (Mb ; ?
de Is Garga
DePasto .
Delay
Derrick '
DeWine
Dickinson
Dicks
DioGuardi ?
Dixon
Donnelly _?
Dorgan (ND)
Dorn= (CA)
Dowdy :
DoWneY
Dreler?-
Dint=
DWyet ?
Dyson
Early
Eckert
Edwards (01K)
Emerson
English
Erdreich -
E3137
Evans ?
Pascen .
Faxen
Patio'
Fetch=
Fields
Fish. .
Flippo
Ford (MD
Ford (TN)
Frenzel
GalleglY
Gallo
Gaydos
Oeldensot
Gukas
Gephardt
Gibbons
GILman
Gingrich
Glickman
Gonzalez
Goodllng
Gordon
Gradlson
Grandy
Grant
Gray (IL)
Gray (PA)
Green
Gregg
Guerin!
Gunderson
Hall (OH)
Hail (TX)
Hamilton
Hammerachmidt
Hansen
Harris
Haktert -
Hatcher
Hayes (IL)
Harts (LA)
Heiler
Hefner
Henry
Berger
Hertel
Mier
Hochbrueckner
Holloway
Hopkins
Horton
Houghton.
Royer
Hitbbard
,HUckaby
Hughes '
! Hunter . -
Hutto
Hyde ?
Inhofe
Ireland
Jacobs
Affords .
(hulking
jokunion (CT) ?
Johnson max
Jones (NC)-
? Jones (TN)
Ants ?
Kanjorski
Hatitur ?
Kssich
Kastenmeier
Kemp
Kennedy ?
Kennelly
Kiklee -
Kleczka
Kolbe
Holt
Kannyu ? -
Kostmayer .
KYI
Lagtemarislzm
Lancaster
Lantos
Latta
Leach CIA)
Leath (TX)
Lehman (CA)
Leland
Lent'
Levin (MI) .
Levine (CA) ?
Leiria (CA).
Lewis (1%)
Martin (KY)
Martinez
Matsui
NI a mu les
Marzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McEwen
McGrath
McHugh
McMillan (No)
McMillen (MD)
Meyers
Mt urns
Michel
Miner (OH)
Miller (WA)
Moakley ?
Molinari
Mollohan
MontgomerY
Moody
Moorhead
Morella
Morrison (WA)
litrazek
Murphy '
Murtha
Nagle
Natr.her
Neal
Nelson ?
Nichols-
Nielson ?
Nowak
Oskar
Obey
Olin
Ortiz;
Oxley
Packard
Panetta
Parris
Pocharart
Patterson
Peloti
Peruty
PePlier
Perkins
Petri ?
Pickett
Pickle
Porter
Price .
Purnell
Quillen
Rahall
nattie
Ravenet
Resula -
Rhode. ?
Richardson
Ridge
Rinaldo
Ritter
Roberts
Robinson
Roan*
Roe
Rogers -
Ross.
Rostenkovidd
Roth
Hookers&
Rowland (CT)
Rowland it3A)
Russo . -
Sabi
Lewis (GA) - Buten ?
Lightfoot , &hatter
Lipinaki Schmitt
Livingston Schneider
1.4oyd *-, Sehgeeties
Lott Sebuettg
Lowery (CA) / &hulas
Seitunsar
Luken:Thomas Senesultrennes
Lukens. Doosild Sharp
Luncen .. Shaw
Meats, ? Shan
Madigan ? iiihniasnui
Manton. ?Shags,
Martinet -fitkersti
Iltsstin (It). Itialiao
Skaggs
Skeen Skeen
Skelton
Slattery
Slaughter (NY)
Slaughter (VA)
Smith (FL)
Smith (IA)
Smith (NE)
Smith (NJ)
,., Smith (TX)
Smith. Denny
(OR)
Smith, Robert
(NH)
Smith, Robert
(OR)
Snowe
Solam
Solomon
Spence
Spmtt
St Germain
Staggers
Stallings
Stangeiand
Stenholm
Stratton
Stump
Sundquist
Swindall
Synar
Tallon
Tauke
Tauzin
Taylor
Thomas (CA)
Thomas (GA)
Torres
Torricelli
Volluner
Visclosky Mr. ASPIN. Mr. Chairman, I yield 6
Vucanovich minutes to the gentleman from Wash-
Walsren ington [Mr. Dicks].
Watkins
Walker (Mr. DICKS asked and was given
Waxman permission to revise and extend his re-
Weber marks.)
Wheat Mr.-DICKS. Mr. Chairman, for the
Whittaker
Whitten last decade there has been no more di-
visive issue before this House than
Wise ICBM modernization. Believe me, I
Wolf know.
Wortley Once again, we are debating how
Wolpe .
Wyden and whether We should proceed to
Towns Wylie Traficant Yatron make our missiles mobile, in order to
Traxler yo (Aii) , reduce their vulnerability. I am con-
Upton? young al.,) - vinced there is real value inthia -effort,
Valentine .
Vander Jairt - especially with the- prospect of ? a 50-
.. . percent rednetion" in stratekic forces. ?
. NOE8-23 - . If we are not careful, we could wind
up with a situation where the tempta-
tion to strike first in. a crisis is in-
creased, rather. than yeduced after a
single-Twiflagreare'bhoeana
sys-
tems while foregoing highly survivable
temalesnidmtes.o-Thi,:fosemwilultoidlesreco.ta:nef
highly: beard sys-
course the worst of all _worlds would be
If the Soviets were smart enough to
deploy only small mobile and- we were
not. _ V. - - .
That' is -why. -I continue to be a
strong proponent- of the small ICBM.
Jeffery Record; a ?16iag-time, and con-
servative; military analyst' noted in a-
recent article r in" the - Loa '.-Angeles
Timm- - ' - L.:., , ? - , .
Betlenson. Lowry (WA) Savage
Bonior ? Markey Stark
Conyers Mineta ? Studds -
Dellums Morrison (CT) Swift
Dymally Oberstar. Vento
Edwards (CA) Pease - Weiss
Frank . Roybal Williams
Lehman (FL) Sabo .
NOT VOTING-23 ?
Foley; Givens inn
Hawkins ? Rail
Lantice Stokes .
- Mack Sweeney '
Udall
Miller (CA) - Weldon ,
Myers , Yates _
Owens (NY) ' "
? . 4 '
?
0 1144.
Messrs.- FRANK. svirpt, DWG-.
ALLY, ? SAVAGE0 and VENT10';
changed their votes. frni 'aye"
Biaggi
Bilbray
Bonner
Crockett,
Daub
Dingell-.
Duncan.
Flake
???-? ??? . ? ????
Messrs:- - ATOLKM:ER,-* LACIOM.AW
SING... MURPHY, -TOWNS... rid
PETRI changed 'their votes f't;tm' "no"
to "aye,;" . , ' .
So the amendritent to the- amend-
ment agreedta; _
The result ? of -the vote was an-
nounced tis above recorded. -
The CHAIRMAN:pro tempore. (Mr.?
GRAY 01'11113101S): Does the gentleman
from Wisconsin EMr.,'ASPIN1 detire to
debate his amendment? :. ?? '?-? -
Mr. ASPIN. No; Mr. Chairman.- I.
yield back the balance of my tine.
The CHAIRMAN pro tempore. Does-.
the-, gentleman from Alabama Mr.
Drciansowl desire to debate the
amendment, as amended? ? .4..
Mr. DICKINSON:: NO; Mk. Chair-.
man. I yield back the balance df my
time.
The CHAIRMAN pro tempore.f-The
question is on the amendment offered"
by the gentleman from Wigeonsin
AsPntl, as amended.'- ? r
?
The--amendment, ea- amended, .was
agreed to.. ? --`.? : ?
-The CHAR:16'4JAN. Pro tem-Ofe. It-18'
. now 'iri order. to -debatje:th& subject
matter of ballistic missiles:- .-
.Pursuant to the House Resolution
4343? the gentleman front 'Wisconsin?
(Mr; Astrizil Will _beyecognized for 45:
minutes and the gentleman from
? barna- Mr. Dram/sox) will fbe ? redly.-
: *zed for &minute&
The Chair recognizes the gentleman
front Wi....mbs. Mr. Amyl.
? Given the Prostiectslor 60-percent cut in'
strategic nuclear weave-tit the rationale for
Midgetinanti greater today than when first
recommended by the..? Bcowcroft Commis-
sion. DeplOthent of, say,-250 to 600 single;
warhead Midgetman would also distribute
remaining Iand-based ICI3M warheads over
a much rarger number Of launcher. This in-
flation of "aim points" would make it virtu;
ally hinxissible for the Soviets to ."clean
out".-the entire'. U.S. land-based ..ICBM force
in a single stroke. ;? -
The single warhead siltall ICBM re-
stores survivability. to' the land-based
leg because it is highly -mobile and
with Only One warhead it is not an in-
viting target- MX rail-mobile is slow,
vulnerable and With'. 10 waiVids a
higlaly-Inorative target. ' _ - ?
General" Senwcroft * reaffirmed hit
? ComMission's positionTin? a -December
9, 1987, letter to Chairman Ntrzot
when he Ailed, ?
We *mid Stress, once again, that it Is vital
for the:Nation'iseanity that "we have un-
derway a program for long term ICBM- surf.
VivabilitY. to hedge aglinst-long4enn vtither-
sbilitY of onr?fOrisi While there are Minis':
passible appreaches to the 1111-fillinent of -
this cons' 'idling -need; the lanai, mobile
ICBM is currently-Abe most promising. In
that respect, thesall garrison basing for:the -
ary, 'While possessing attractive features,-is
not *Substitute, for the =Pill mobile TOM,
In as inneli as It reoxiires'elselbaint Warning
y "
me tOachieve dumb/sanity. . 4
This last pOint le the crux of ,the
debate: Rail' garriSon gets- you also, -
lady nothing" Prcitettion against
the so.callid. bolelaliVthe Vile 4
attack. In fact by behiCvOinetable to
such in initlirOViding some
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