S. 1787 -- SENATOR BIDEN'S DRUG CZAR BILL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90B01370R001101500009-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 22, 2016
• Document Release Date: May 26, 2009
• Sequence Number: 9
• Publication Date: February 10, 1984
• Content Type: MEMO

Approved For Release 2009/05/26: CIA-RDP90B01370R001101500009-5 ZJJJ
10 February 1984
OLL 84-0591
MEMORANDUM FOR THE RECORD
THROUGH: Chief, Legislation Division, OLL
FROM:
Legislation Division
Office of Legislative Liaison
SUBJECT: S. 1787 -- Senator Biden's Drug Czar Bill
1. On Friday, 3 February 1984, I spoke with Adrianne
Curtis (395-6156) of OMB concerning Senator Biden's Drug Czar
Bill (S. 1787) which was scheduled for expedited consideration
on the Senate floor on Monday, 6 February 1984. Ms. Curtis
reaffirmed that the Administration opposed the Biden Bill.
Greg Jones of OMB subsequently confirmed that OMB had provided
the Senate Judiciary Committee with a letter stating the
Administration's opposition to this Biden Bill. Mr. Jones
indicated that, barring unforeseen circumstances, the President
would likely veto S. 1787 should it proceed to enactment.
Mr. Jones further indicated that no agency had contacted OMB
with respect to approaching the Senate to object to S. 1787.
2. On Monday, 6 February 1984, I spoke with Debbie Owen
(224-5225), General Counsel of the Senate Judiciary Committee.
Ms. Owen said that the Biden Bill would be considered later in
the week pending resolution of a DOJ compromise effort.
I asked if Debbie could provide us with a copy of the DOJ
compromise but she declined stating that its distribution was
restricted by DOJ. Debbie did indicate, however, that the
compromise envisioned a cabinet level board chaired by the
Attorney General. She also said that the compromise was
purportedly approved by the Administration. I indicated to
Debbie that the CIA had not been asked to concur in any
Administration approved compromise.
3. On 7 February 1984, I called Cary Copeland (633-4117)
of the DOJ Legislation Office and asked for a copy of the DOJ
compromise to the Biden Bill. Mr. Copeland stated that
Director Casey "should already have a copy," and when I pressed
him for a copy, he declined, stating he had been instructed not
to do so.
Approved For Release 2009/05/26: CIA-RDP90601370R001101500009-5
Approved For Release 2009/05/26: CIA-RDP90B01370R001101500009-5
4. On 7 February 1984, the Senate passed an amended
version of S. 1787, containing the DOJ compromise proposal.
(A copy of S. 1787 is attached.) As S. 1787 has been modified,
it is possible that the President may not veto this Bill.
Consequently, I recommend that we solicit comments within the
Agency and implement any needed amendments in the House,
regardless of the proposed stature of the DOJ compromise as
"Administration approved."
DISTRIBUTION:
1 - LEG File: Narcotics
- OLL Chrono
1 - ROD Signer
1 - D/OLL
1 - DD/OLL
ROD:csh (10 February 1934)
Approved For Release 2009/05/26: 6A-RDP90B01370R001101500009-5
S1066
Approved For Release 2009/05/26: CIA-RDP90B01370R001101500009-5
CONGRESSIONAL RECORD ? SENATE February 7. 1984
Mr. BAKER. We yield back that
time.
The PRESIDING OFFICER. All
time has been yielded back. The ques-
tion is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed
for a third reading arid was read the
third time.
The PRESIDING OFFICER. The
bill having been read the third time,
the question is, Shall the bill pass?
On this question, the yeas and nays
have been ordered, and the clerk will
call the roll.
The bill clerk called the roll.
Mr. STEVENS. I announce that the
Senator from Colorado (Mr. ARM-
STRONG), the Senator from Oregon
(Mr. HATFIELD), the Senator from Flor-
ida (Mrs. liowicros), the Senator from
Nevada (Mr. Amer), the Senator from
Nevada (Mr. LAXALT), the Senator
from Minds (Mr. Policy), and the Sen-
ator from Virginia (Mr. WARNER) are
necessarily absent.
I further announce that, if present
and voting, the Senator from Oregon
(Mr. Hivernam), the Senator from Flor-
ida (Mrs. &monis), the Senator from
Nevada (Mr. LAXALT), the Senator
from Illinois (Mr. Policy), and the Sen-
ator from Virginia (Mr. WARNER)
would each vote "yea."
Mr. BYRD. I announce that the
Senator from California (Mr. CRAN-
STON), the Senator from Ohio (Mr.
GLENN), the Senator from Colorado
(Mr. HART), the Senator from South
Carolina (Mr. Hompros), and the Sen-
ator from Massachusetts (Mr. Tsom-
oss) are necessarily absent.
I also announce that the Senator
from Vermont (Mr. LEAHY) is absent
because of illness in family.
The PRESIDING OFFICER (Mr.
Boscirwm). Are there any other Sen-
ators in the Chamber who desire to
vote?
The result was announced?yeas 63,
nays 24, as follows:
IR011call Vote No. 12 Leg.1
YEAS-63
Abdrior
Andrews
Baker
Bentsen
Bingaman
Boren
Bradley
Byrd
Chiles
Cochran
Cohen
D'Amato
Danforth
DeConcini
Denton
Dixon
Dole
Domenic'
Durenberger
East
Evans
Saurus
Bitten
Boschaitz
Stunners
Burdick
Chafer
Dodd
Eagleton
Exon
Ford
Oarsi
Ooldwater
Dorton
Grassley
Hatch
Henin
Heinz
Helms
Haddleston
Humphrey
Jensen
Johnston
Kaseebaum
Kasten
Levtn
Long
Lugar
Mattingly
McClure
NAYS-24
Inouye
Kennedy
Lautenberg
Mathias
Matsunaga
Keleher
Metzenbaum
Mitchell
Murkowski
Nickles
Nunn
Pressler
Pryor
Quayle
Randolph
Roth
Rudman
Sasser
Simpson
Stafford
Stennis
Stevens
Elyouns
Thurmond
Tower
Trible
Wallop
Wilson
Zorinsky
Moynihan
Packwood
Pell
Proxmire
Riegle
Sarbanes
Specter
Welcker
NOT VOTINO-13
Mr. BAKER. I yield.
Armstrong
Hawkins
Percy
On another matter--
Cranston
Glenn
Hecht
Hollings
Tsoniras
Warner
Mr. BYRD. Will the majority leader
Hart
Lassa
proceed to lay down the drug czar bill?
Hatfield
Leahy
I think it has been cleared on this side.
So the bill (S. 1764) was passed, as
follows:
6.1764
Be it enacted by the Senate and Howse of
Representatives tag the United States of
America in Congress assembled, That this
Act may be cited as the "Exclusionary Rule
Limitation Act of 1983".
SEC. 2. (a) Chapter 223 of title 18, United
States Code, is amended by adding at the
end thereof the following new section:
"1 3595. Limitation of the fourth amendment ex.
elasionary rule
"Except as specifically provided by stat-
ute, evidence which is obtained as a result of
a search or seizure and which k otherwise
admissible shall not be excluded in a pro-
ceeding in a court of the United States if
the search or seizure was undertaken in a
reasonable, good faith belief that it was in
conformity with the fourth amendment to
the Constitution of the United States. A
showing that evidence was obtained pursu-
ant to and within the scope of a warrant
constitutes prima fade evidence of such a
reasonable good faith belief. unless the war-
rant was obtained through intentional and
material misrepresentation".
(b) The table of sections of such chapter is
amended by adding at the end thereof the.
following item:
"3505. Limitation of the fourth amendment
exclusionary rule.".
Mr. BAKER Mr. President, I move.
to reconsider the vote by which the
bW was ilielsed. -
Mr. BYRD. I move to lay that
motion on the table.
The motion to lay on the table was
agreed to.
ORDER OF PROCEDURE
Mr. BAKER. Mr. President, I wish
to make two or three announcements.
Mr. STENNIS. Mr. President, will
the Chair maintain order so that we
can hear?
The PRESIDING OFFICER. The
Senate will be in order.
Mr. BAKER. Mr. President, next, it
Is the intention of the leadership on
this side to try to reach the so-called
drug czar bill. There is a _budget waiv
to accompany that bill. The chai
of the committee has authorized me
say on his behalf?and the manager of
the bill is here?that he does not
oppose the bill and is agreeable to its
passage by voice vote. Of course, any
Senator can ask for the yeas and nays
If he or she wishes, but it would be MY
hope that we can pass that bill with
minimum debate, In the shortest time
possible.
After that, it is the intention of the
leadership on this side to try to reach
the death penalty bill. I hope it is pos-
sible to do that. / do not anticipate
that we will be in late tonight in that
event, but I do hope that we can lay
down the trill and have It pending
before we go out this evening.
Mr. BYRD. Mr. President, will the
majority leader yield?
BUDGET WAIVER
Mr. BAKER. Mr. President, I ask
unanimous consent that the Senate
proceed to the consideration of Calen-
dar No. 645, Senate Resolution-824. a
budget waiver to accompany the drug
czar bill.
Mr. BYRD. I thank the majority
leader.
Mr. BAKER. I thank the minority
leader.
The PRESIDING OFFICER. The
resolution will be stated by title.
The assistant legislative clerk read
as follows:
A resolution (S. Res. 324) waiving Section
402(a) of the Congressional Budget Act of
1974 with respect to the consideration of S.
1787.
The PRESIDING OFFICER. Is
there objection to the present consid-
eration of the resolution?
There being no objection, the resolu-
tion was -considered and agreed to, as
follows
_ .
S. Ras. 324
Resolved, That pursuant to section 402(t )
of the Congressional Budget Act 01 .1974.
the provisions of section 402(a) of such Act
are wavied with respect to consideration of
S. 1787. Such waiver is necessary because S.
1787, as reported, authorizes the enactment
of new budget authority which would first
become available in fiscal year 1984. and
such bill was not reported on or before Willy
15, 1983, as required by section 402(a) of the
Congressional Budget Act of 1974 for such
authorizations.
The budget waiver will allow Senate con-
sideration for S. 1787, entitled the -National
Namotics Act of 1983". The bill establishes
the Office of the Director of National and
International Drug Operations and Policy".
S. 1787 authorizes the appropriation of
$500,000 for fiscal year 1984, and such sums
as may be necessary for each of the four
succeeding fiscal years.
unanimous consent that the Senate
proceed to the consideration of Calen-
dar No. 359, S. 1787, to -establish an
office of the Director Of National and
International Drug Operations and
Policy.
The PRESIDING OFFICER. The
bill will be stated by title.
The assistant legislative clerk read
as follows:
A bill (S. 1787) to establish an office of
the Director of National and International
Drug Operations and Policy.
The PRESIDING OFFICER. Is the
objection to the present consideration
of the bill?
There being no objection, the Senate
proceeded to consider the bill.
Approved For Release 2009/05/26: CIA-RDP90B01370R001101500009-5
Approved For Release 2009/05/26: CIA-RDP90B01370R001101500009-5
February 7, 1984
LEBANON
Mr. BAKER. Mr. President, about 45
minutes ago I talked to the Vice Presi-
dent of the United States on the tele-
phone. and he indicated at that time
that the President was prepared to
make a speech on national television,
from California, about the situation in
Lebanon. As most Members know now,
that television address did not occur. I
cannot tell the Senate why it did not.
Perhaps there were technical reasons.
In any event. Senators should be
aware of the fact that a written state-
ment by the President on the Lebanon
situation was released by the White
House about 15 minutes ago. I will at-
tempt to have copies of that statement
available for Senators as soon as possi-
ble.
(Later the following occurred:)
Mr. BAKER. Mr. President, Presi-
dent Reagan has just announced a
phased and measured redeployment of
the marine contingent of the Multina-
tional Forces in Lebanon from their
location adjacent to the airport to the
ships offshore. I commend the Presi-
dent for this prudent and timely
action given the difficulty of the cir-
cumstances we find now in Beirut.
I continue to hope that President
Gemayel can weather this crisis and
provide Lebanon a government, free of
foreign interference, which will allow
the Lebanese to recapture control of
their own destiny.
CONGRESSIONAL RECORD ? SENATE S 1007
NATIONAL NARCOTICS ACT
The Senate continued with the con-
sideration of S. 1787.
Mr. BAKER. Mr. President, I hope
we can proceed expeditiously with the
consideration of this matter.
Before that, I inquire of the manag-
ers on both sides if they or anyone else
anticipate a rollcall vote on this meas-
ure.
Mr. SIMPSON. Mr. President, I
stand here as one who is filling in for
the chairman, Senator THURMOND, and
the chairman of the subcommittee,
Senator HATCH. It is my understanding
that Senator BIDEN will be the floor
manager on the other side.
I have an amendment which I will
present on behalf of the committee
chairman which I understand has
been agreed to. There will not be a
rollcall vote requested by the major-
ity. and I cannot speak for the minor-
ity Members, Senator BIDEN for not
being present.
Mr. KENNEDY. Mr. President, will
the Senator yield?
Mr. SIMPSON. I yield.
Mr. KENNEDY. It is my under-
standing that the Senator from Dela-
ware does not think a rollcall vote is
necessary. I do not know if other
Members will request it. Senator
BIDEN indicated to me earlier that he
did not feel it was necessary.
Mr. BAKER. Mr. President, it ap-
pears that there will not be a rollcall
vote. I caution Senators that the lead-
ership cannot guarantee that there
will not be, since any Senator can ask
for it. It does not appear likely.
Mr. FORD, Mr. President, will the
Senator yield for a question?
Mr. BAKER. I yield.
Mr. FORD. Do we have an estimate
of the time for this piece of legisla-
tion?
Mr. BAKER. Mr. President, I yield
to the distinguished manager of the
bill on this side to give us ah estimate
of how long it will take.
Mr. SIMPSON. Mr. President, the
manager was sitting in his office 20
minutes ago when he was advised of
his role in this particular effort.
Therefore, I really cannot add much
of a dimension to that question. A half
hour, equally divided.
Mr. FORD. Under those circum-
stances, it appears to be very short.
Mr. BAKER. I hope it will not take
even a half hour. Rather than try to
clear a unanimous-consent agreement,
which might take longer than a half
hour, I will just sit down and hope
things go well.
Mr. SIMPSON. Mr. President, since
the bill has been laid before the
Senate, I submit to the body an
amendment, -which has been con-
curred in by the managers of the bill,
and ask for its immediate considera-
tion. ?
The PRESIDING OFFICER. .The
amendment will be stated.
The assistant legislative clerk read
as follows:
The Senator from Wyoming (Mr. Sim.-
SON), for Mr. THURMOND, proposes an amend-
ment numbered 2700.
Mr. SIMPSON. Mr. President, I ask
unanimous consent that the reading of
the amendment be dispensed with.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
The amendment is as follows:
On page 1, strike out line 3 and all that
follows through line 20 on page '7, and insert
In lieu thereof the following: That this Act
may be cited as the "National Narcotics Act
of 1984".
SEC. 2. (a) The Congress hereby makes the
following findings:
(1) The flow of illegal narcotics into the
United States is a major and growing prob-
lem.
(2) The problem of illegal drug activity
falls across the entire spectrum of Federal
activities both nationally and international-
ly.
(3) Illegal drug trafficking is estimated by
the General Accounting Office to be an
680,000,000,000 per annum industry in the
United States.
(4) The annual consumption of drugs has
reached epidemic proportions.
(5) Despite the efforts of the United
States Government and other nations, the
mechanisms for smuggling opium and other
hard drugs into the United States remain
virtually intact and United States agencies
estimate that they are able to interdict no
more than 5 to 15 percent of all hard drugs
flowing into the country.
(6) Such significant indicators of the drug
problem as drug-related deaths, emergency
room visits, hospital admissions due to drug-
related incidents, and addiction rates are
soaring.
('D Increased drug trafficking is strongly
linked to violent, addiction-related crime
and recent studies have shown that over 90
percent of heroin users rely upon criminal
activity as a means of income.
(8) Much of the drug trafficking is han-
dled by syndicates, a situation which results
in increased violence and criminal activity
because of the competitive struggle for con-
trol of the domestic drug market.
(9) Controlling the supply of illicit drugs
is a key to reducing the crime epidemic con-
fronting every region of the country.
, (10) The magnitude and scope of the prob-
lem requires the establishment of a Nation-
al Drug Enforcement Policy Board, chaired
by the Attorney General, to facilitate co-
ordination of all Federal efforts by relevant
agencies.
(11) Such a board must have responsibili-
ty for coordinating the operations of Feder-
al agencies involved in attacking this prob-
lem through the development of policy and
resources, so that a unified and efficient
effort can be undertaken.
(b) It is the purpose of this Act to insure?
(1) the maintenance of a national and in-
ternational effort against Illegal drugs;
(2) that the activities of the Federal agen-
cies involved are fully coordinated; and
(3) that a single, competent, and responsi-
ble high-level Board of the United States
Government, chaired by the Attorney Gen-
eral, will be charged with this responsibility
of coordinating United States policy with re-
spect to national and international drug law
enforcement.
"" SEC. 3. There is established in the execu-
I live branch of the Government a Board to
be known as the "National Drug Enforce-
ment Policy Board" (hereinafter in this Act
referred to as the "Board"). There shall be
at the head of the Board a Chairman who
shall be the Attorney General (hereinafter
in this Act referred to as the "Chairman").
In addition to the Chairman, the Board
shall be :comprised of the Secretaries of
State. Treasury, Defense, Transportation,
Health and Human Services, the Director of
the Office of Management and Budget and
the Director of Central Intelligence and
such other officials as may be appointed by
the President. Decisions made by the Board
pursuant to section 4(a) of this Act shall be
acknowledged by each member thereof in
writing.
Sec. 4. (b) For the purpose of coordinating
the activities of the several departments
and agencies with responsibility for drug
law enforcement and Implementing the de-
terminations of the Board, it shall be the
duty of the Chairman?
(i) to advise the Board in matters con-
cerning drug law enforcement;
(2) to make recommendations to the
Board for the coordination of drug enforce-
ment activities;
(3) to correlate and evaluate intelligence
and other information on drug law enforce-
ment to support the activities-of the Board;
(4) to act as primary adviser to the Presi-
dent and Congress on national and interna-
tional illegal drug law enforcement pro-
grams and policies developed by the Board
under subsection (a) of this section and the
implementation thereof; and
(5) to perform such other duties as the
President may direct.
(a) The Board shall facilitate coordination
of United States operations and policy on il-
legal drug law enforcement. In the further-
ance of that responsibility, the Board shall
have the responsibility, and Is authorized
to?
(1) review, evaluate and develop United
States Government policy, strategy and re-
sources with respect to illegal drug law en-
forcement efforts, includink budgetary- pri-
Approved For Release 2009/05/26: CIA-RDP90B01370R001101500009-5
Approved For Release 2009/05/26 : CIA-RDP90B01370R001101500009-5
. S 1068 CONGRESSIONAL RECORD ? SENATE February 7,1984
mines and a National and enternational
Drug Law Enforcement Strategy:
.(2) facilitate coordination of an United
?States Government efforts to hen national
and international trafficting ? In Illegal
drugs: and
(3) coordinate the collection and evalua-
tion of information necessary to implement
United Stales policy with respect to illegal
drug law enforcement
(c) In tarrying out rtsPonsinilities under
this section. the Chairman, on behalf of the
Board is authorized to?
(1) direct., with the concurrence of the
bead of the agency employing such person-
nel, the assignment of government person-
nel within the United States Government in
order 1.0 implement United States policy
with respect to illegal drug law enforce-
ment:
(2) provide guidance in the implementa-
tion and main/emu:ice of policy. strategy
?and resources developed under subsection
(a) of this section:
(3) review and approve the reprogram-
ming of funds relating to budgetary prior-
ities developed under subsection (a) of this
section:
(4) procure temporary and intermittent
services under section 3109(b) of title 5 of
the United States Code, but at rates for in-
dividuals not to exceed the daily equivalent
of the maximum annual rate of basic pay
payable for the grade of 05-18 of the Gen-
eral Schedule:
(5) accept and use donations of property
from all government agencies. and
(6) use the mails in the same manner as
any other department or agency of the ex-
ecutive branch.
(d) Notwithstanding the authority grant-
ed in subsection (a) of this section, the
Board shall not interfere with routine law
enforcement or intelligence decisioos of any
agency.
(e) The Administrator of the General
Services Administration shall provide to the
Board on a reimbursable basis such adminis-
trative support services as the Chairman
may request
Sec. 5. The Chairman shall submit to the
Congress. within nine 112Conths after enact-
ment of this Act, and biannually thereafter.
a full and complete report reflecting United
States policy with respect to illegal drug law
enforcement, plans proposed for the imple-
mentation of such policy, and, commencing
with the submission of the second report, a
full and complete report reflecting accom-
plishments with repect to the United States
policy and plans theretofore submitted to
the Congress.
Sec. 6. Title H of the Drug Abuse Preven-
tion. Treatment and Rehabilitation Act (21
U.S.C. 1112) is amended by adding at the
end of section 201 (21 U.S.C. 1111) a new
subsection (d) as follows:
"(di Support to National Drug Enforce-
ment Policy Board. One of the duties of the
White House Office of Drug Abuse Policy
shall be to insure coordination between the
National Drug Law Enforcement Policy
Board and the health issues emaciated with
drug abuse.
Sec. '7. This Act shall be effective January
20. 1985.
Amend the title to read as follows: -To es-
tablish a National Drug Enforcement Policy
Board.".
Mr. SID/CPSO/i. Mr. President, with
the adoption of this amendment.
which. as I say, has been concurred in
by Senator BIDEN, the floor manager
of the bill, and by Senator THURMOND,
the floor manager on this side, this is
simply the amendment which sets up
the drug enforcement policy board,
which is chaired by the Attorney Gen-
eral.
This Is the board charged with devel-
oping policy with respect to strategy
and budgetary priorities aimed at fa-
cilitating this coordination between
the law enforcement agencies. It will
coordinate the gathering and evalua-
tion of intelligence in this area.
As chainnan of the board, the Attor-
ney General will be the primary advis-
er to the President, and he is also au-
thorized to provide guidance relating
tti those matters. including reviewing
programs and reprograming, and the
board would be required to report to
Congress biannually
The amendment simply then goes on
to say that it will not interfere with
routine law enforcement or intelli-
gence decisions of any agency.
Mr. President, I move the adoption
of the amendment, unless there is fur-
ther discussion.
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ment of the Senator from Wyoming.
The amendment (No. 2700) was
agreed to.
Mr. SIMPSON. 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. BIDEN. 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. BIDEN. Mr. President, it seems
as though this is going to be a good
day for the Senate and I hope the
country. although I db not want to
equate the two. After some time, the
President just announced that there is
going to be a phase withdrawal of the
marines from Lebanon and after a
longer period of time, it looks like we
have some unanimity on the so-called
drug Czar bill.
I am prepared on behalf of myself
and Senator DECoNcirri and Senator
PELL, who were deeply involved in this
legislation for the past several years,
to accept the amendment that has
been put forward by Senator SIMPSON
an behalf of Senator THURMOND and
others.
Mr. President, I commend Senator
THUMIOND for his initiative in this
area. It is not everything I wanted, but
It is pretty darn close.
I think we made a good compromise
here. What we have essentially done
here is what we tried?and I must
admit Senator 'THURMOND and I both
tried?to convince the President to do
a year and some months ago in the
Oval Office just before we ree_eq.sed
which was to essentially establish for
the drug area the equivalent of a DCI,
Director of Central Intelligence, and
with the same type of authority.
Without taking the time of the
Senate. because I know a number of
my colleagues have to catch planes
and have places to go, and since we de-
bated this thing so many times and we
passed it twice already, I will not take
a lot of time.
But I would like to point out that
the administration did move some on
this but they did not propose much
more than establishing a board that
already exists. Senator THURMOND'S
amendment give the Attorney Gener-
al, the chairman of the board, the an-
thoilly to carry out policy and budget
decisions approved by the board. The
Attorney General also becomes, by
statute, the primary adviser to the
President and the Congress on drugs.
The reason that is important is we
would like to be able to call somebody
up and find out what the policy is and
know who is in charge?who is on first
and who is on second and what the
game plan is
I concur with this compromise be-
cause it gives the Attorney General
sufficient clout to clearly bring coordi-
nation and central management to our
omnibus drug problem.
Mr. PELL. Mr. President, I strongly
support the compromise proposal to
establish a National Drug Enforce-
ment Policy Board. This is a proposal
Senator _DECoNcna. Senator BIDEN
and I initiated several years ago and
certaintly the need for this Cabinet-
level Board is greater today than ever
before. The Senate has passed virtual-
ly identical proposals by solid major-
ities on two separate occasions, and I
am hopeful that on this third effort
we will ,be successful in enacting this
long needed initiative into law.
The legislation we are proposing is
really very simple. At least 15 separate
Federal agencies play a role in drug
enforcement, and these agencies are
spread through six different depart-
ments. Coordination and leadership of
our drug enforcement programs is
such a complex and diverse job that it
requires the principal attention and
responsibility of one person within the
Cabinet. The General Accounting
Office, in a report last summer enti-
tled "Federal Drug Interdiction Ef-
forts Need Strong Central Oversight,"
strongly criticized the fragmentation
'of the Federal antidrug effort. The
GAO recommended that the President
develop an overall national strategy
that better defines the roles of the
many agencies involved with this prob-
lem. The GAO also called for a clear
delegation of responsibility to one in-
dividual to lead and coordinate Feder-
al drug enforcement programs.
I do not believe that any Member of
the Senate would dispute the need for
a more aggressive national attack on
the drug trafficking problem. Drug
trafficking and abuse are no longer a
problem that is contained in our large
cities: the health impairment and
crime that flow from this problem are
evident today in every neighborhood
In the United States. We have enjoyed
successes in containing the problem,
such as the much-heralded Florida
Task Force, but in reducing the. prob-
Approved For Release 2009/05/26: CIA-RDP90B01370R001101500009-5
Approved For Release 2009/05/26: CIA-RDP90B01370R001101500009-5
February 7,1984 CONGRESSIONAL RECORD ? SENATE
lem in that area we have seen traffick-
ing activity shift to other regions of
the country.
Last fall I conducted a hearing of
the Foreign Relations Committee in
Rhode Island on the sources of the
drug trafficking problem in New Eng-
land. Testimony clearly indicated that
coastal smuggling of drugs has in-
creased significantly in New England
since the marshaling of Federal ef-
forts in south Florida. While the law
enforcement personnel who testified
where uniform in citing the successes
that have been achieved, they were
frank to admit that?as far as putting
a dent in drug trafficking operations?
we are only touching the tip of an ice-
berg. Just last week the President re-
leased a budget which reduces funding
for the Coast Guard, the agency prin-
cipally concerned with stopping coast-
al drug smuggling. It is anticipated
that the budget recommendations will
result in the cut of over 650 military
billets and about 100 civilian positions.
These cuts will have a real impact on
the Coast Guard's law enforcement ef-
fectiveness, and underscore the fact
that our overtasked and underfunded
agencies are outmatched in fighting a
war against a well-organized, well-fi-
nanced $80 billion a year industry.
What we are seeking to do with this
bill is to provide the high level of lead-
ership that has been lacking from our
drug control efforts, and I am satisfied
that the Cabinet level Board?which
will be chaired by the Attorney Gener-
al?will have the necessary power to
both establish national and implement
a more effective drug enforcement
policy.
We have all seen the effects of drug
trafficking in our communities, and we
all recognize that?by its very nature?
the sources of this problem cannot be
reached by local law enforcement.
This bill is a first step in an all out na-
tional attack on the drug trafficking
menace, and I urge each of my col-
leagues to join in providing the strong
leadership that is essential to dealing
with this growing national problem.
Mr. BIDEN. Mr. President, as far as
this side of the aisle is concerned, I do
DOt know that anyone wishes to speak
or seeks a rollcall vote. I am prepared
to yield back all of my time and voice
vote this if that is agreeable with the
manager, Senator &smolt'.
Mr. SIMPSON. Mr. President, I have
nothing further to add on behalf of
the floor manager of the bill except to
say, as a member of the Judiciary
Committee, that I have personally ob-
served how Senator 'THURMOND and
Senator BIDER have worked so closely
on this measure. We have a fine result,
In my mind. I commend them both,
knowing that it has been something of
great interest to them. It has been a
privilege to be involved in it as a
member of the committee.
There are no requests for a rollcall
vote on this side of the aisle. I yield
back the balance of my time.
The PRESIDING OFFICER. II
there be no further amendment to be
proposed, the question is on the en-
grossment and the third reading of
the bill.
The bill was ordered to be engrossed
for a third reading and was read the
third time.
The PRESIDING OFFICER. The
bill having been read the third time,
the question is, Shall it pass?
So the bill (S. 1787), as amended,
was passed as follows:
S. 1787
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That this
Act may be cited as the "National Narcotics
Act of 1984".
Sec. 2. (a) The Congress hereby makes the
following findings:
(1) The flow of illegal narcotics into the
United States is a major and growing prob-
(2) The problem of illegal drug activity
falls across the entire spectrum of Federal
activities both nationally and international-
ly-
(3) Illegal drug trafficking Is estimated by
the General Accounting Office to be an
$80,000,000,000 per annum industry in the
United States.
(4) The annual consumption of drugs has
reached epidemic proportions.
(5) Despite the efforts of the Unitlid ?
States Government and other nations, .the
mechanisms for smuggling opium and other
hard drugs into the United States remain
virtually intact and United States agencies
estimate that they are, able to interdict no
more than 5 to 15 percent of all hard drugs
flowing into the country.
(6) Such significant indicators of the drug
problem as drug-related deaths, emergency
room visits, hospital admissions due to drug-
related incidents, and addiction rates are
soaring.
(7) Increased drug trafficking is strongly
linked to violent, addiction-related crime
and recent studies have shown that over 90
percent of heroin users rely upon criminal
activity as a means of income.
(8) Much of the drug trafficking is han-
dled by syndicates, a situation which results
In increased violence and criminal activity
because of the competitive struggle for con-
trol of the domestic drug market.
(9) Controlling the supply of illicit drugs
is a key to reducing the crime epidemic con-
fronting every region of the country.
(10) The magnitude and scope of the prob-
lem requires the establishment of a Nation-
al Drug Enforcement Policy Board, chaired
by the Attorney General, to facilitate co-
ordination of all Federal efforts by relevant
agencies.
(11) Such a Board must have responsibili-
ty for coordinating the operations of Feder-
al agencies involved in attacking this prob-
lem through the development of policy and
resources, so that a unified and efficient
effort can be undertaken.
(h)lt is the purpose of this Act to barme?
(1) the maintenance of a nations/ and in-
ternational effort against illegal drugs;
(2) that the activities of the F'ederal agen-
cies involved are fully coordinated; and
(3) that a single, competent, and responsi-
ble high-level Board of the United States
Government, chaired by the Attorney Gen-
eral, will be charged with this responsibility
of coordinating _United States policy with re-
spect to national and international drug law
enforcement.
Sec. 3. There is established in the execu-
tive branch of the Government a Board to
81069
be known as the -National Drug Enforce-
iment Pulley Board" (hereinafter in this Act
referred to as the "Board"). There idtall be
at the head of the Board a Chairman who
shall be the Attorney General (hereinafter
Is this Act referred to as the "Chairman").
In addition to the Chairman. the Board
shall be comprised of the Secretaries of
State. Treasury, Defense, Transportation.
Health and Human Services. the Director of
the Office of Management and Budget and
the Director of Central Intelligence and
such other officials as many be appointed
by the President. Decisions made by the
Board pursuant to section 4(a) of this Act
shall be acknowledged by each member
thereof in writing.
Svc. 4. lb) For the purpose of coordinating
the activities of the several departments
and agencies with responsibility for drug
law enforcement and implementing the de-
terminations of the Board, it shall be the
duty of the Chairman?
(1) to advise the Board in matters con-
cerning drug law enforcement;
(2) to make recommendations to the
Board for the coordination of drug enforce-
ment activities;
(3) to correlate and evaluate intelligence
and other information on drug law enforce-
ment to support the activities of the Board:
(4) to act as primary adviser to the Presi-
dent and Congress on national and interna-
tional Megal drug law enforcement pro-
grams and policies developed by the Board
ander subsection (a) of this section and the
Implementation thereof; and
(5) to perform such other duties as the
President may direct.
(a) The Board shall facilitate coordination ?
of United States operations and policy on il-
legal drug law enforcement. In the further-
ance of that responsibility, the Board shall
have the responsibility, and is authorized
to?
(1) review, evaluate and develop United
States Government policy, strategy and re-
sources with respect to illegal drug law en-
forcement efforts, including budgetary pri-
orities and a National and International
Drug Law Enforcement Strategy;
(2) facilitate coordination of all United
States Government efforts to halt national
and international trafficking in illegal
drugs; and
(3) coordinate the collection and era/na-
tion of information necessary to implement
United States policy with respect to illegal
drug law enforcement.
(c) In carrying out responsibilities ander
this section. the Chairman, on behalf of the
Board is authorized to?
(1) direct, with the concurrence of the
head of the agency employing such person-
nel the assignment of government person-
nel within the United States Government in
order to implement United States policy
with respect to Illegal. drive law enforce-
ment;
(2) provide guidance in the implementa-
tion and maintervane4. of policy, strategy
and resources developed under subsection
(a) of this section;
(3) review and approve the reprogram-
ming of funds relating to budgetary prior-
ties developed under subsection (a) of this
section;
(f) procure temporary and intermittent
services under section 3109(b) of title 5 of
the United States Code, but at rates for in-
dividuais not to exceed the daily entrivalent
of the maximimi annual rate of basic pay
payable for the grade of 08-18 of the Gen-
eral Schedule;
(5) accept and use donations of property
from all government agencies; and
Approved For Release 2009/05/26: CIA-RDP90B01370R001101500009-5
,S1070
Approved For Release 2009/05/26 : CIA-RDP90B01370R001101500009-5
CONGRESSIONAL RECORD ? SENATE February 7, 1.984
(6) use the mails in the same manner as
any other department or agency of the ex-
cutive branch.
(e) The Administrator of the General
Service Administration shall provide to the
Board on a reimbursable basis such adminis-
trative support services as the Chairman
may request.
SEc. 6. The Chairman shall submit to the
Congress. within nine months after enact-
ment of this Act, and biannually thereafter,
a full and complete report reflecting United
States policy with respect to illegal drug law
enforcement, plans proposed for the imple-
mentation of such policy, and, commencing
with the submission of. the second report, a
full and complete report reflecting accom-
plishments with respect to the United
States policy and Plans theretofore submit-
ted to the Congress.
SEc. 6. Title II of the Drug Abuse Preven-
tion. Treatment and Rehabilitation Act (21
U.S.C. 1112) is amended by adding at the
end of section 201 (21 U.S.C. 1111) a new
subsection (d) as follows:
(d) Notwithstanding the authority grant-
ed in subsection (a) of this section. the
Board shall not interfere with routine law
enforcement or intelligence decisions of any
agency.
"(d) Support to National Drug Enforce-
ment Policy Board. One of the duties of the
White House Office of Drug Abuse Policy
shall be to insure coordination between the
National Drug Enforcement Policy Board
and the health issues associated with drug
abuse.
SEC. 7. This Act shall be effective January
20, 1985.
Mr. BAKER. 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.
ORDER OF PROCEDURE
Mr. BAKER. Mr. President, in a few
moments I am going to attempt to get
to the death penalty bill, but I do not
anticipate completing action on that
measure tonight. Therefore, may I an-
nounce that there will be no more
record votes today.
Mr. President, the managers of that
measure are not here. I wish to talk to
the minority leader before we proceed.
For the moment, I suggest the absence
of a quorum.
The PRESIDING OFFICER. The
clerk will call the roll.
The assistance legislative clerk pro-
ceeded to call the roll.
Mr. BAKER. 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.
ROUTINE MORNING BUSINESS
Mr. BAKER. Mr. President, the
leadership on this side still intends to
go or attempt to go to the death penal-
ty bill tonight. While we try to get
managers here and on deck, I ask
unanimous consent that there be a
period for the transaction of routine
morning .business not to extend past
the hour of 7 p.m., in which Senators
may speak.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
REPORT OF THE CITIZENS' COM-
MISSION ON HUNGER IN NEW
ENGLAND
Mr. KENNEDY. Mr. President, yes-
terday the Citizens' Commission on
Hunger in New England released its
report, "American Hunger Crisis: Pov-
erty and Health in New England." The
Commission, composed of 25 eminent
individuals and experts in the fields of
medicine and nutrition and chaired by
Dr. Larry Brown of the Harvard
School of Public Health, has gathered
concrete data documenting the tragic
reality of hunger in our country.
The Commission's principal findings
are that:
Hunger exists in every State in New
England, has been growing at a steady
pace over the past 3 years and shows
no sign of diminishing.
A new class of poor people who have
never been poor or hungry before has
recently emerged and appears to be
growing.
There is a growning body of evidence
that malnutrition is becoming a seri-
ous problem among poor children in
the United States. Among the studies
cited by the Commission are the 1983
Massachusetts Nutrition Survey which
found 9.8 percent of the children stud-
- led to be chronically malnourished
and 12.2 percent to be anemic; a na-
tional survey of 400,000 low income
children, conducted by the Center for
Disease Control, found that 8.5 per-
cent of those children were stunted
and 7 percent were anemic.
According to Social service workers
and doctors who testified before the
Commission, it is nearly impossible for
the elderly poor to eat adequately
under current economic oonditions.
These findings should not surprise
the Members of this body and they are
certainly no surprise to me. During
the last 2 years almost a dozen inde-
pendent studies conducted by the Con-
ference of Mayors, the Center on
Budget and Policy Priorities, the Food
Research and Action Center, and
other groups have produced clear, con-
vincing, and overwhelming evidence
that hunger exists and that the
number of hungry people in America
Is growing.
In December I submitted my own
report, "Going Hungry in America," to
the Senate Labor Committee detailing
my own findings and recommenda-
tions following 5 days of hearings
around the country, and in which I
reached the same conclusions about
the seriousness of the hunger crisis.
Only one report, the report issued by
President Reagan's Task Force on
Food Assistance Programs, has
reached a contrary conclusion.
As we begin this year's budget
debate, all of us in the Congress have
a responsibility to act in light of the
growing body of evidence on the
extent of hunger in our society. In its
excellent new study, the New England
commission carefully examines the
history of the Government's response
to the problems of the needy and
places the blame for the current
hunger crisis squarely on the shoul-
ders of the Federal Government.
Regressive policy choices have cre-
ated the hunger problem and there is
no secret about what must now be
done. Increased funding for Federal
food assistance programs?most of
which must be reauthorized in this
Congress?can make the difference.
Congress has the power to put
America back on the path of progress
toward the eradication of hunger. I
welcome the report of the citizen's
commission as an important new con-
tribution to our understanding of the
issue.
On behalf of the commission chair-
man, Larry Brown, of the Harvard
School of Public Health, I am today
providing each Member of the Senate
with a copy of the report. I urge all of
my colleagues to read It with the care
it deserves.
HEALTH CARE FOR AMERICA'S
DISABLED VETERANS: THE
GRACE COMMISSION THREAT
Mr. CRANSTON. Mr. President, this
morning at a joint hearing of the
House and Senate Committees on Vet-
erans' Affairs, the National Command-
er of the Disabled American Veterans,
Dennis A. Joyner, presented that great
organization's legislative recommenda-
tions for 1984. In his very excellent
testimony, Commander Joyner fo-
cused on the threat to veterans' pro-
grams posed by a number of the rec-
ommendations of the President's Pri-
vate Sector Survey on Cost Control?
the so-called Grace Commission.
My statement for the joint hearing
responded to the DAV testimony on
that point, and I would like to reiter-
ate for the information of my col-
leagues and the public part of my re-
marks.
Mr. President, I had to agree with
the DAV's National Commander that
the threats to Veterans' Administra-
tion health care and benefits programs
that he identified are quite real and
current.
Last week, Office of Management
and Budget Director David Stockman,
appearing before the Senate Budget
Committee, testified that the Grace
Commission proposals for veterans'
. programs are receiving serious consid-
eration. On February .2, Mr. Stockman
stated:
While major strides in budget control
have been achieved over the past three
years, it should not be concluded that all
savings possibilities have been exhausted.
. . ITThe Grace Commission report con-
tains literally hundreds of suggestions . . .
which, after further analysis and refine-
ment, can be expected to generate substan-
tial savings proposals for next year's budget.
In particular, the following eight budget
categories illustrate the opportunities for
significant future savings beyond the limit-
ed measures proposed in the 1985 budget.
. . . alhey illustrate both the major opi.or-
tunities as well as the kind of hard chcices
which will face the Administration aniil
Approved For Release 2009/05/26: CIA-RDP90B01370R001101500009-5