S. 1787 -- NATIONAL NARCOTICS ACT OF 1984

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP95B00895R000200080009-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 22, 2016
• Document Release Date: November 26, 2008
• Sequence Number: 9
• Publication Date: February 15, 1984
• Content Type: MEMO

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15 February 1984
OLL 84-0661
STAT MEMORANDUM FOR:
STAT
NIO/East Asia/Narcotics
C/ILD/OGC
C/PCS
Legislation Division
Office of Legislative Liaison
SUBJECT: S. 1787 -- National Narcotics Act of 1984
1. Attached for your review and comment is S. 1787, the
National Narcotics Act of 1984. Senator Biden's original bill
was amended on the floor to substitute a Department of Justice
(DOJ) compromise bill. S. 1787 passed the Senate in this
amended format on 7 February 1984, and was subsequently
transmitted to the House where it is pending before the House
Judiciary Committee, Subcommittee on Crime.
2. S. 1787 would establish in the Executive Branch, a
cabinet level board known as the "National Drug Enforcement
Policy Board." The Director of Central Intelligence would be a
member of this Board, and the Attorney General would serve as
Chairman.
3. In carrying out its responsibility to coordinate U.S.
operation and policy on illegal drug law enforcement, the Board
would be authorized to:
(1) review, evaluate and develop United States
Government policy, strategy and resources with respect
to illegal drug law enforcement efforts, including
budgetary priorities 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 evaluation of
information necessary to implement United States
policy with respect to illegal drug law enforcement.
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The chairman's principal roles include advising, supporting and
making recommendations to the Board. Further, the Chairman, on
behalf of the Board, is authorized to:
(1) direct, with the concurrence of the head of the
agency employing such personnel, the assignment of
government personnel within the United States
Government in order to implement United States policy
with respect to illegal drug law enforcement;
(2) provide guidance in the implementation and
maintenance of policy, strategy and resources
developed by the Board;
(3) review and approve the reprogramming of funds
relating to budgetary priorities developed by the
Board.
4. In general, the presence of the DCI on the Board, and
the more limited nature of the Board's and Chairman's authority
make the DOJ compromise a preferable alternative to the
original Biden "Drug Czar" bill. This preference is enhanced
by language in section 6 specifically stating that
"notwithstanding the authority granted [to the Board], the
Board shall not interfere with routine law enforcement or
intelligence decisions of any agency."
5. I would appreciate your views and comments on the
potential impact of this bill on Agency activities.
cc: D/OLL
DD/OLL
C/LEG/OLL
DISTRIBUTION:
Original - Addressees
1 _ OLL Chrono
Z r File: Narcotics
1 - Signer
(14 February 1984)
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COl ..JRESSJONAL RECORD - SENATE February 7, 1.984
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 and 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. HATrIRU,), the Senator from Flor-
ida (Mrs. HAWKINS), the Senator from
Nevada (Mr. HEcHT), the Senator from
Nevada (Mr. LAXALT), the Senator
from Illinois (Mr. PERcy), and the Sen-
ator from Virginia (Mr. WARNER) are
necessarily absent.
I further announce that, if present
and voting, the Senator from Oregon
(Mr. HATFIELD), the Senator from Flor-
Ida (Mrs. HAWKINS), the Senator from
Nevada (Mr. LAxALT), the Senator
from Illinois (Mr. PERCY), and the Sen-
ator from Virginia (Mr. WARNER)
would each vote "yea."
Mr. BYRD. I announce that the
Senator from California (Mr. CaAN-
STON), the Senator from Ohio (Mr.
GLENN), the Senator from Colorado
(Mr. HART), the Senator from South
Carolina (Mr. HOLLINGS), and the Sen-
ator from Massachusetts (Mr. Tsoa-
GAS) are necessarily absent.
I also announce that the Senator
from Vermont (Mr. LEANT) is absent
because of illness in family.
The PRESIDING OFFICER (Mr.
BoscHwITz). Are there any other Sen-.
ators in the Chamber who desire to
vote?
The result was announced-yeas 63,
nays 24, as follows:
(Rollcall Vote No. 12 Leg.)
YEAS-63
Abdnor
Lxon
Murkowski
Andrews
Ford
Nickles
Baker
Gam
Nunn
Bentsen
ooldwater
Pressler
Bingaman
Gorton
Pryor
Boren
orassley
Quayle
Bradley
Hatch
Randolph
Byrd
Heflin
Roth
Chiles
Heinz
Rudman
Cochran
Helms
Sasser
Cohen
Huddleston
Simpson
D'Amato
Humphrey
Stafford
Danforth
Jepsen
Stennis
DeConcini
Johnston
Stevens
Denton
ISmisebaum
Symms
Dixon
Kasten
Thurmond
Dole
Levan
Tower
Domenici
Long
Trible
Durenberger
Lugs
Wallop
East
Mattingly
Wilson
Evans
McClure
Zorinsky
NAYS-24
Baucus
Inouye
Moynihan
Biden
Kennedy
Packwood
Boschwitz
Lautenberg
Pell
Bumpers
Mathias
Proxmire
Burdick
Matsunaga
Riegle
Chafee
Melcher
Sarbanes
Dodd
Metzenbaum
Specter
Eagleton
Mitchell
Weicker
NOT VOTING-13
Armstrong
Hawkins
Percy
Cranston
Hecht
Tsongas
Glenn
Hollings
Warner
Hart
Laxait
Hatfield
Leaby
So the bill (S. 1764) was passed, as
follows:
8. 1764
Be it enacted by the Senate and Howe of
Representatives ? Or 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:
"63505. Limitation of the fourth amendment ex-
dosionary tole
"Except as specifically provided by stat-
ute, evidence which is obtained as a result of
a search or seizure and which is otherwise
ad nissIble 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 rood 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
bill waslsed. -
Mr. BYRD. I move to lay that
motion on the table.
The motion to lay on the table was
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 wi l 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
of the committee has authorized me to
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. I do not anticipate
that we will be in late tonight in that
event, but I do hope that we can lay
down the bill and have It pending
before we go out this evening.
Mr. BYRD. Mr. President, will the
majority leader yield?
Mr. BAKER. I yield.
On another matter--
Mr. BYRD. Will the majority leader
proceed to lay down the drug czar bill?
I think it has been cleared on this side.
Mr.. BAKER. Mr. President, I ask
unanimous consent that the Senate
proceed to the consideration of Calen-
dar No. 645, Senate Resolution-324, 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. REs. 324
Resolved That pursuant to section 402(c)
of the Congressional Budget Act of. 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 May
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
Narcotics 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
Iflternational 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. L
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February 7, 1,984
CONGRESSIONAL RECORD - SENATE
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.
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-
S 10C7
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-
tive branch of the Government a Board to
The PRESIDING OFFICER. .The
amendment will be stated.
The assistant legislative clerk read
as follows:
The Senator from Wyoming (Mr. Sip-
NATIONAL NARCOTICS ACT SON). for Mr. THUEMoND, proposes an amend-
The Senate continued with the con- ment numbered 2700.
sideration of S. 1787. Mr. SIMPSON. Mr. President, I ask
Mr. BAKER. Mr. President, I hope unanimous consent that the reading of
we can proceed expeditiously with the the amendment be dispensed with.
consideration of this matter. The PRESIDING OFFICER. With-
Before that, I inquire of the manag- out objection, it is so ordered.
ers on both sides if they or anyone else The amendment is as follows:
anticipate a rollcall vote on this meas- On page 1, strike out line 3 and all that
ure. follows through line 20 on page 7, and insert
Mr. SIMPSON. Mr. President, I in lieu thereof the following. That this Act
stand here as one who is filling in for may be cited as the "National Narcotics Act
of 198
the chairman, Senator THURMOND, and
SEC. 2. . (a) The Congress hereby makes the
the chairman of the subcommittee, following findings:
Senator HATCH. It is my understanding (1) The flow of illegal narcotics into the
that Senator BIDEN will be the floor United States is a major and growing prob-
manager on the other side. lem.
10% Irs,e __h1_ of nlnaal drua activity
be known as the "National Drug Enforce-
ment Policy Board" (hereinafter in this Act
referred to as the "Board"). There shall be
it 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-
(1) to advise the Board in matters con-
cerning drug law enforcement;
(2) to make recommendations to the
present on behalf of the committee falls across the entire spectrum of Federal Board for the coordination of drug enforce-
chairman which I understand has activities both nationally and international- ment activities;
ly correlate and eintelligence
been agreed to. There will not be a (3) Illegal drug trafficking is estimated by (3) n evaluate v lenforce-
ity, vote requested by the major- the General Accounting Office to be an and to and to other support the information activities law drug
id the force-
ity, and I cannot speak for the minor- $80,000,000.000 per annum industry in the ment t t act as primary adviser of the Press; (4) to ity Members, Senator BIDEN for not United States. dent and Congress on national and Pre a-
(4) The annual consumption of drugs has
being present. tional illegal drug law enforcement pro-
Mr. KENNEDY. Mr. President, will (5) reached Despite epidemic i the r the United proportions. grams and policies developed by the Board
the Senator yield? efforts under subsection (a) of this section and the
Mr. SIMPSON. I yield. States Government and other nat, the e implementation thereof; and
remain other od nations.
(5) to perform such other duties as the
Mr. KENNEDY. It is my under- hard drugs mechanisms for into the he Usmuggling United opium States and
Uni
standing that the Senator from Dela- virtually intact and United States agencies President may direct.
ware does not think a rollcall vote is estimate that they are able to interdict no (a) The Board shall facilitate coordination
necessary. I do not know if other more than 5 to 15 percent of all hard drugs of United States operations and policy on il-
Members will request it. Senator flowing into the country. legal drug law enforcement. In the further-
BIDN indicated to me earlier that he (6) Such significant indicators of the drug ance of that res ibubility, the is Board
ho shall
did not feel it was necessary. problem as drug-related deaths, emergency
room visits, hospital admissions due to drug- to-
Mr. BAKER. Mr. President, it ap- related incidents, and addiction rates are (1) review, evaluate and develop United
pears that there will not be a rollcall soaring. States Government policy, strategy and re-
vote. I caution Senators that the lead- (7) Increased drug trafficking is strongly sources with respect to illegal drug law en-
ership cannot guarantee that there linked to violent, addiction-related crime forcement efforts, including budgetary- pri-
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- S 1068 C .JGRESSIONAL RECORD - SENA..; February 7, 1984
critics and a National and International which is chaired by the Attorney Gen- bated this thing so many times and we
Drug Law Enforcement Strategy; oral __--, ?- - - _
and international trafficking In illegal oping policy with respect to strategy But I would like to point out that
drugs: and and budgetary priorities aimed at fa- the administration did move some on
(3) coordinate the collection and evalua- ciiitating this coordination between this but they did not propose much
tion of information necessary to implement the law enforcement agencies. It will more than establishing a board that
United States policy with respect to illegal coordinate the gathering and evalua- already exists. Senator TsvxcoND's
drug law enforcement. tion of intelligence in this area.
or- amendment
(c) In carrying out responsibilities under As chairman of the board, the Att al, the Ch
hairm man ovn ofne the board, e au-
this section the Chairman, on behalf of the , the Board is authorized to- ney General will be the primary advis- thority carry out policy and budget
get
(1) direct, with the concurrence of the er to the President, and be is also au- decisions approved by the board. The
bead of the agency employing such person- thorized to provide guidance relating Attorney General also becomes, by
nel, the aasignarent of government person- to those matters, including reviewing statute, the primary adviser to the
nel within the United States Government in programs and reprograming, and the President and the Congress on drugs.
order to Implement United States policy board would be required to report to The reason that is Important is we
with respect to illegal drug law enforce- Congress biannually.
ment; would like to be able to can somebody
(2) provide guidance in the implementa- The amendment simply then goes on up and find out what the policy Is and
tion and maintenance of policy, strategy to say that It will not interfere with know who is in charge-who is on first
-and resources developed under subsection routine law enforcement or intelli- and who is on second and what the
(a) of this section; gence decisions of any agency. game plan Is.
(3) revlQw and approve the reprogram- Mr. President, I move the adoption I concur with this com
ming of funds relating to budgetary prior- of the amendment, unless there Is fur- promise be-
ities developed under subsection (a) of this ther discuss OIL cause it gives the Attorney General
section; The PRESIDING OFFICER. The sufficient clout to clearly bring coordi-
(4) procure temporary and intermittent nation and central management to our
services under section 3105(b) of title 5 of question is on agreeing to the amend- omnibus drug problem,
the United States Code, but at rates for in- ment of the Senator from Wyoming Mr. PELL Mr. President, I strongly
dividuals not to exceed the daily equivalent The amendment (No. 2700) was support the compromise of the maximum annual rate of basic pay agreed to. proposal to
eras neneaule;
(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 decisions 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
Sac. 5. 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 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:
"(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 Law Enforcement Policy
Board and the health issues associated with
drug abuse.
Sac. 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. SIMPSON. 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 TnuaMoND,
the floor manager on this side, this is
simply the amendment which sets up
the drug enforcement policy board,
gest the absence of a quorum. ment )rollcy Board. This is a proposal
The PRESIDING OFFICER. The Senator- DsC ONCINI. Senator BIDEN
clerk will call the roll. and I initiated several years ago and
The assistant legislative clerk tiro- certaintly the need for this Cabinet-
ceeded to call the roll level Board is greater today than ever
Mr. BIDEN. Mr. President, I ask before. The Senate has passed virtual-
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 DECONCINI and Senator
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-
PELL, who were deeply involved in this tied "Federal Drug Interdiction Ef-
legislation for the past several years, forts Need Strong Central Oversight,"
to accept the amendment that has strongly criticized the fragmentation
been put forward by Senator Snwwsoer of the Federal antidrug effort. The
on behalf of Senator THURMOND and GAO recommended that the President
others. develop an overall national strategy
Mr. President, I commend Senator that better defines the roles of the
THuEMoND for his initiative in this many agencies involved with this prob-
area. It is not everything I wanted, but lem. The GAO also called for a clear
it is pretty darn close. delegation of responsibility to one in-
,
I think we made a good compromise - dividual to lead and coordinate Feder-
here. What we have essentially done al drug enforcement programs.
here is what we tried-and I must I do not believe that any Member of
admit Senator THUaaaoND and I both the Senate would dispute the need for
tried-to convince the President to do a more aggressive national attack on
a year and some months ago in the the drug trafficking problem. Drug
Oval Office just before we recessed trafficking and abuse are no longer a
which was to essentially establish for problem that is contained in our large
the drug area the equivalent of a DCI, cities; the health Impairment and
Director of Central Intelligence, and crime that flow from this problem are
with the same type of authority. evident today in every neighborhood
Without taking the time of the in the United States, We have enjoyed
Senate, because I know a number of successes in containing the problem,
my colleagues have to catch planes such as the much-heralded Florida
and have places to go, and since we de- Task Force, but in reducing- the prob-
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February 7, 1984 CONGRESSIONAL RECORD - SENATE S 1069
lam in that area we have seen traffick- The PRESIDING OFFICER. If be known the Naationall Drug Enforce. Board t
ing activity shift to other regions of there be no further amendment to be rement ferred Policy as the ?' nalter
There dull Acbe
the country. proposed, the question is on the en- at the head of the Board a Chairman who
last fall I conducted a hearing of grossment and the third reading of shall be the Attorney General (hereinafter
the Foreign Relations Committee in the bill. In this Act referred to as the "Chairman").
Rhode island on the sources of the The bill was ordered to be engrossed in addition to the Chairman. the Board
drug trafficking problem in New Eng- for a third reading and was read the shall be comprised of the Secretaries of
land. Testimony clearly indicated that third time. State. Treasury. Defense. Transportation,
coastal smuggling of drugs has in- The PRESIDING OFFICER. The Health and Human Services, the Director of
creased significantly in New England bill having been read the third time, the Of{ice of Management and Budget and
since the marshaling of Federal ef- the question is, Shall It pass? the Director of Central Intelligence and
forts in south Florida. While the law So the bill (S. 1787), as amended, such other officials as many be appointed
was passed as f mows; by the President. Decisions made by the
enforcement personnel who testified Board pursuant to section 4(a) of this Act
where uniform in citing the successes 6.1787 shall be acknowledged by each member
that have been achieved, they were Be it enacted by the Senate sad House of thereof in writing.
frank to admit that-as far as putting Representatives of the United Stater of Sgc. 4. (b) For the purpose of coordinating
a dent in drug trafficking operations- America in Congress assembled, That this the activities of the several departments
we are only touching the tip of an ice- Act may be cited as the "National Narcotics and agencies with responsibility for drug
de-
berg. Just last week the President re- Act of 1984". law enforcement and implementing the de-
Sac. 2. (a) The Congress hereby makes the terminations of the Board, it shall be the
leased a budget which reduces funding following findings: duty of the Chairman--
for the Coast Guard, the agency prin- (1) The flow of illegal narcotics into the (1) to advise the Board in matters con-
cipally concerned with stopping coast- United States is a major and growing prob- cerning drug law enforcement;
al drug smuggling. It is anticipated lea) The problem of illegal drug activity' (2) to make recommendations to the
that the budget recommendations will Board for the coordination of drug enforce-
result in the cut of over 650 military falls across the entire spectrum of Federal ment activities;
billets and about 100 civilian positions. activities both nationally and international- (3) to correlate and evaluate Intelligence
These cuts will have a real impact on (3) Illegal drug trafficking is estimated by and other information on drug law enforce-
the Coast Guard's law enforcement ef- the General Accounting Office to be an mend to support the activities of the Board;
fectiveness, and underscore the fact $80,000,000,000 per annum industry in the (4) to act as primary adviser to the Presi-
dent and Congress on national and interna-
egal drug law enforcement pro
that our overtasked and underfunded United States.
agencies are outmatched in fighting a (4) The annual consumption of dry has lions] grams M and policies developed rc the Board
war against a well organized, well fi- reached epidemic proportions. by
(5) Despite the efforts of the Unitad . under subsection (a) of this section and the
nanced $80 billion a year industry. States Government and other nations, the implementation thereof; and
What we are seeking to do with this mechanisms for smuggling opium and other (5) to perform such other duties as the
bill is to provide the high level of lead- hard drugs into the United States remain President may direct.
ership that has been lacking from our virtually Intact and United States agencies (a) The Board shall facilitate coordination
drug control efforts, and I am satisfied estimate that they are. able to interdict no of United States operations and policy on 11-
that the Cabinet level Board-which more thsn 5 to lb.perceat of all hard drugs legal drug law enforcement. In the further-
will be chaired by the Attorney Gener- flowing into the country. ante of that responsibility, the Board shall
al-will have the necessary power to (6) Such significant indicators of the drug have the 'responsibility. and is authorized
problem
establish national and implement room as drug-related admissions , emergency to drug- o .
room visits, hospital asiondue ue to dr(1) review, evaluate and develop United
a more effective drug enforcement related incidents, and addiction rates are States Government policy, strategy and re-
policy. soaring. sources with respect to Wegal drug law en-
We have all seen the effects of drug (7) Increased drug trafficking is strongly forcement efforts. including budgetary pri-
trafficking in our communities, and we eked to violent, addiction-related crime rarities and a National and International
all recognize that-by its very nature- and recent studies have shorn that over 90 Drug Law Enforcement Strategy;
the sources of this problem cannot be percent of heroin aces rely upon criminal (2) facilitate eoordiation of all United
reached by local law enforcement. activity as a means of income. States Government efforts to halt national
(8) Much of the, drug trafficking is han- and international trafficking in Illegal
This bill is a first step in an all out na- dled by syndicates. a situation which results drugs; and
tional attack on the drug trafficking In increased violence and criminal activity (3) coordinate the collection and evaTus-
menace, and I urge each of my col- because of the competitive struggle for eon- lion of information necessary to implement
leagues to join in providing the strong trot of the domestic drug market. United States policy with respect to Metal
leadership that is essential to dealing (9) Controlling the supply of illicit drugs drug law enforcement
with this growing national problem. is a key to reducing the crime epidemic con- (c) In carrying out responsibilities under
fronting every region of the country. this section, the Chapman. on behalf of the
Mr. BIDEN. Mr. President, as far as (10) The magnitude and scope of the prob- Board is authorized to-
this side of the aisle is concerned. I do Tern requires the establishment of a Nation- (1) direct with the concurrence of the
not know that anyone wishes to speak al Drug Enforcement Policy Board, chaired head of the agency employing such person-
or seeks a roUcall vote. I am prepared by the Attorney General, to facilitate co- net, the assignment of government person-
to yield back all of my time and voice ordination of all Federal efforts by relevant nel within the United States Government in
vote this if that is agreeable with the agencies. order to iteplement United states policy
manager. Senator Simpson. (11) Such a Board must have responsibdi- with respect to Illegal ckmw law enforce-
Involved coordinating
for Mr. SIMPSON. Mr. President, I have al agencies alO the i P-
lved is L~t ~Uack!11g this p Probry-. (2) provide galdarroe In the impiementea-enta-
nothing further to add on behalf of lean through the development of policy and tion and maiguidence n heliim
the floor manager of the bill except to resources so that a unified and efficient and resources developed under subsection
is A
t to - -
Committee, that I have personally ob- (b) n is the purpose of th
maintenance of a national and in (3) review and approve the reprogram-
saint of funds reisUng to budgetary prior-
(1) the served how Senator Tuuxxom) and
ternat)onat effort against muss.
.4-- (
) of this
a
developed under
ties Senator BIDED have worked so closely (2) that the activities of the the Federal agen-
on this measure. We have a fine result, cies involved are fully coordinated; and section;
in my mind. I commend them both, (3) that a single, competent, and responsi- (4) procure temporary and intermittent
knowing it has been something of Government, chaired by the Attorney Gen? the United States Code, l bLigh-level Board of the United Mates services unr section great interest but at rates for in-
privilege to them. It has been a a eral will be charged with this responsibility dividuals not to exceed the daily equivalent
mlege of to the e committee. in it as a of coordinating United States policy with re- of the maximum annual rate of basic pay
member m spect to national and International drug law payable for the grade of GS-18 of the Gen-
There are no requests for a rolicall enforcement. eral Schedule;
vote on this side of the aisle. I yield Sac. 3. There is established in the execu- (5) accept and use donations of property
back the balance of my time. tive branch of the Government a Board to from all government agencies; and ,
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S 1070 CC
(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.
Sac. 5. 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.
Sac. 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.
Sac. 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.
3RESSIONAL RECORD - SENAT February 7, 1984
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 conditions.
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.
- [T)he 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.
... [T]hey illustrate both the major opl.or-
tunities as well as the kind of hard choices
which will face the Administration anal
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