EXCERPT FROM DEBATE ON HR 3959, SUPPLEMENTAL APPROPRIATIONS, 1984

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP95B00895R000200080018-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 22, 2016
• Document Release Date: November 26, 2008
• Sequence Number: 18
• Publication Date: October 26, 1983
• Content Type: OPEN SOURCE

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October 26, 1983
CONGRESSIONAL RECORD - SENATE
tween the date of the House meeting,
which I am told is November 16, even
if that should not take place, we will
still have a hearing on that issue
before we are to recess for the
Thanksgiving period.
Mr. PRYOR. Mr. President, I appre-
ciate the statement of the Senator
from Wyoming and also his commit-
ment.
I wish all of our colleagues to know
that Senator WARNER and I came to
the Chamber with every intention of
trying to do whatever it took with the
yeas and nays, a germaneness fight, or
whatever, to being this matter up and
to have a showdown on it today be-
cause we feel it is so important.
But I do accept unreservedly the as-
surance of the Senator from Wyo-
ming. He is a man of great honesty, In-
tegrity, and knowledge in the whole
area of veterans' affairs.
I do not want to extract one more
drop of blood, so to speak, but I do
wonder if my very good friend from
Wyoming and perhaps if our chief co-
sponsor. Senator WARNER,-of Virginia,
might assure this Senator and this
body that no burial will take place, in
the meantime, such as the one we read
about in the October 17 issue of the
Washington Post involving a card-
board coffin.
Do the Senators feel that there are
regulations or a monitoring device or
an administrative procedure now in
effect at least to carry us over until
the time we have some final action on
the legislation of this nature?
Mr. SIMPSON. Mr. President, I am
advised by the Veterans' Administra-
tion just within the past hour that all
of the regulations and administrative
procedures are in place to assure that
this type of thing does not happen
again, and the general counsel of VA
has assured us that that is in process
and implemented within the VA.
Mr. PRYOR. I deeply appreciate the
remarks and the commitment from
the distinguished Senator from Wyo=
ming and, with the consent of my dis-
tinguished colleague from Virginia,
Senator WARNER, we will at this time
pull this amendment down and, I
hope, have a very good hearing on the
merits of this issue at the proper time
before Thanksgiving.
Mr. WARNER. Mr. President, I re-
spectfully agree with my distinguished
colleague from Arkansas and indeed I
think the purpose for which we came
to the Chamber today has been prop-
erly redressed by the distinguished
chairman of the committee and al-
though the ranking minority member,
Mr. CRANSTON, of California, who is
not present, I am sure the Senator
from Wyoming will speak for him on
this matter because the two of them
provide a great deal of leadership in
this area, and with the assurances that
this incident will not happen again
until such time as Congress has the
opportunity to address and remedy
this situation, I am quite agreeable not
to press for the yeas and nays.
&"657'
Mr. SIMPSON. Mr. President, I AMENDMENT NO. 2443
deeply appreciate that action on (Purpose: To establish an Office on Nation-
behalf of Senator PRYOR and Senator al and International Drug Operations and
WARNER. Policy and a Commission on Drug Inter-
_ ____ .,_ -I ._ . _ . . _ diction and Enforcement)
I
do speak for the Senator from Califor-
nia, my colleague, Senator AL CRAN-
STON. I appreciate the magnanimous
action on the part of Senator WARNER,
and please know that I remain a very
accessible figure and should they wish
to discuss those types of amendments
at any future time, do not hesitate to
contact me. And in the event they do
not, I say to my colleague and seat
mate, I shall never furnish him any
further cigars.
Mr. WARNER. Mr. President, I
think we have a technical require-
ment. If it is agreeable to the Senator
from Arkansas, Mr. President, on
behalf-of the distinguished Senator
from Arkansas and myself we at this
time ask unanimous consent that the
amendment be withdrawn.
The PRESIDING OFFICER. The
amendment is withdraws.
Mr. HATFIELD. Mr. President, we
are down now to about the time of
ending for the day's session according
to the leadership.
First of all, I thank the Senator
from Arkansas, the Senator from Vir-
ginia, and the Senator from Wyoming
for working out this matter in an ami-
cable satisfactory manner.
Mr. President, I wish to propound an
unanimous-consent request on a time
agreement on the DeConcini-Baden
amendment which has been cleared by
both sides of the aisle.
Mr. President, I ask unanimous con-
sent that a half-hour time limit be
equally divided.
Mr. President, I withdraw my re-
quest at this moment and suggest the
absence of a quorum.
The PRESIDING OFFICER. The
clerk will call the roll.
The legislative clerk proceeded to
call the roll.
Mr. HATFIELD. 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. HATFIELD. Mr. President, I
propound a unanimous-consent re-
quest. I ask unanimous consent that
on the Biden-DeConcini amendment
that will be called up next that there
be a time agreement of 20 minutes
equally divided between the propo-
nents of the amendment and the Sen-
ator from South Carolina (Mr. TnuR-
moND) to manage the time on the op-
position side, with only a tabling
motion that would be in order, and no
amendments.
The PRESIDING OFFICER. Is
there objection? The Chair hears
none, and it is so ordered.
Mr. BIDEN. Mr. President, I send an
amendment to the desk and ask for its
immediate consideration.
The PRESIDING OFFICER. The
clerk will report.
The legislative clerk read as follows:
The Senator from Delaware (Mr. BIDEN),
for himself, Mr. DaCoxczxi, Mr. Cxn.m, Mr.
PILL, and Mr. NuNN proposes an amend-
ment numbered 2443.
Mr. BIDEN. Mr. President, I ask
unanimous consent that further read-
ing of the amendment be dispensed
with.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
The amendment is as follows:
At the appropriate place in the bill, add
the following new account:
Office of the Director-of National and In-
ternational Drug Operations and Policy and
the Commission on Drug Interdiction and
Enforcement
For salaries and expenses, not otherwise
provided for, of the Office of the Director of
National sad International Drug Operations
and Policy and the Commission on Drug In-
terdiction and Enforcement, $1,000,000: Pro-
vided that
(a) The Congress hereby makes the fol-
lowing 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 a
$79,000,000,000 a year industry in the
United States.
(4) The annual consumption of heroin in
the United States is in the range of four
metric tons, and annual. domestic consump-
tion of cocaine is estimated to be forty to
forty-eight metric tons.
(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 per centum of an 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
per centum of heroin users rely upon crimi-
nal acitivity as a means of income.
(8) Much of the drug trafficking is han-
dled by syndicates which results in in-
creased violence and criminal activity be-
cause of the competitive struggle for control
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 a director of National and In-
ternational Drug Operations and Policy
with the responsibility for the coordination
and direction of all Federal efforts by the
numerous agencies.
.1 L
CA
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S 14658 CONGRESSIONAL RECORD - SENATE
(11) Such a director must have broad au-
thority and responsibility for making man-
agement, policy, and budgetary decisions
with respect to all Federal agencies involved
in attacking this problem so that a unified
and efficient effort can be made to elimi-
nate the Illegal drug problem.
(b) It is the purpose of the Office to
insure-
(1) the development of a national policy
with respect to illegal drugs;
(2) the direction and coordination of all
Federal agencies involved in the effort to
implement such a policy; and
(3) that a single, competent, and responsi-
ble high-level official of the United States
Government, who is appointed by the Presi-
dent, by and with the advice and consent of
the' Senate, and who is accountable to the
Congress and the American people, will be
charged with the responsibility of coordi-
nating the overall direction of United States
policy, resources, and operations with re-
spect to the illegal drug problem.
(c)(1) There is establshed a Commission
on Drug Interdiction and Enforcement
(hereinafter referred to as the "Commis-
sion") which shall be composed of:
(A) Four members appointed by the Presi-
dent, one of whom shall be designated by
the President as chairman;
(b) The Attorney General, the Secretary
of the Treasury, the Secretary of Transpor-
tation, and the Secretary of State;
(c) Four members appointed by the
Speaker of the House of Representatives
from the membership of the House Commit-
tee on the Judiciary; and
(d) Four members appointed by the Presi-
dent pro tempore of the Senate from the
membership of the Senate Committee on
the Judiciary.
(2) Of amounts appropriated under this
account $1,000,000 shall be available for the
Commission established under this subsec-
tion.
(3) A majority of the Commission shall
constitute a quorum for the transaction of
its business, but the Commission may pro-
vide for the taking of testimony and the re-
ception of evidence at meetings at which
there are present not less than four mem-
bers of the Commission.
(4) Each member of the Commission who
is not otherwise in the service of the Gov-
ernment of the United States be compensat-
ed at a rate not to exceed the daily equiva-
lent of the rate than payable for grade GS-
18 in the General Schedule under section
5332 of title 5, United States Code, for each
day spent in the work of the Commission,
shall be paid actual travel expenses, and per
diem in lieu of subsistence expenses, when
away from his usual place of residence, In
accordance with chapter 57 of title 5, United
States Code. Each member of the Commis-
sion who is otherwise in the service of the
Government of the United States shall
serve without compensation in addition to
that received for such other service, but
while engaged in the work of the Commis-
sion shall be paid actual travel expenses,
when away from his usual place of resi-
dence, in accordance with chapter 57 of title
5, United States Code.
(5) It shall be the duty of the Commission
to study and evaluate, in accordance with,
but not limited to, paragraph (6), existing
laws, policies, and procedures governing
drug interdiction, Including existing au-
thorities for domestic drug interdiction
agencies, international drug eradication,
crop substitution, and other cooperative
programs in source and transshipment
countries, and domestic and foreign intelli-
gence-gathering programs for drug interdic-
tion, and to make such administrative, legis-
lative, and procedural recommendations to
the President, the Director of the Office of
National and International Drug Operations
and Policy and to the Congress as are appro-
priate.
(6) In particular, the Commission shall-
(a) conduct a study and analysis of the
effect of provisions in current law which
affect possession or transfer of controlled
substances and other laws whose purposes
are to deter drug trafficking into the United
States;
(b) conduct a study and analysis of cur-
rent administrative and statutory obstacles
to enhancing the gathering and tactical use
of both domestic and foreign intelligence
for use by Federal, state, and local drug in-
terdiction agencies, including the appropri-
ate role for the El Paso Intelligence Center
(EPIC);
(c) conduct study and analysis of the
Posse Comitatus doctrine, including modifi-
cations which would improve the use of mil-
itary resources for drug interdiction and in-
telligence purposes;
(d) conduct a study and analysfl3 of coordi-
nation between Federal, state, and local
agencies involved in drug interdiction and
intelligence gathering and how such coordi-
nation can be improved;
(e) conduct a study and analysis of the re-
lationship between the different segments
of enforcement of U.S. drug laws, particu-
larly intelligence gathering, interdiction,
prosecution, and results of prosecution, and
recommend appropriate legislation and ad-
ministration actions;
(f) conduct a study and analysis of the al-
location of Federal resources in the area of
drug interdiction, and make appropriate rec-
ommendations regarding a comprehensive,
coordinated overview of Federal drug inter-
diction and enforcement agencies' resource
requirements rather than a piecemeal ap-
proach to drug interdiction and enforce-
ment budgeting;
(g) recommend a coordinated approach to
gathering and verifying drug interdiction
seizure, arrest and prosecution statistics;
(h) make a semiannual report to the
House and Senate Committees on the Judi-
ciary during the period before publication if
its final report (described in subparagraph
(I)); and
(I) make a final report of its findings and
recommendations to the President, to the
Director of National and International Drug
Operations and policy and each House of
Congress, which report shall be published
no later than January 20, 1985.
(j) develop a coordinated interagency fed-
eral strategy on narcotics control to be im-
plemented by the Director of National and
International Drug Operations and Policy
beginning January 20, 1985.
(7)(a) The Commission is authorized to
appoint and fix the compensation of a staff
director and such other additional person-
nel as may be necessary to enable the Com-
mission to carry out its functions without
regard to the civil service laws, rules, and
regulations. Any Federal employee subject
to those laws, rules, and regulations may be
detailed to the Commission without reim-
bursement, and such detail shall be without
interruption or loss of civil service status or
privilege.
(b) Staff members of the Committee on the
Judiciary of the Senate or of the Committee
on the Judiciary of the House of Repre-
sentatives may be detailed to serve on the
staff of the Commission by the chairman of
the respective committee. Staff members so
detailed shall serve on the staff of the Com-
mission without additional compensation
except that they may receive such reim-
bursement of expenses incurred by them as
the Commission may authorize.
October 26, 1983
(8) The Commission may call upon the
head of any Federal department or agency
to furnish information and assistance which
the Commission deems necessary for the
performance of its functions, and the heads
of such departments and agencies shall fur-
nish such assistance and information, unless
prohibited under law, without reimburse-
ment.
(9) The Commission is authorized to make
grants and enter into contracts for the con-
duct of research and studies which will
assist it in performing its duties under this
subsection.
(10) The Commission is authorized to con-
duct hearings and prepare written tran-
scripts of the same.
(11) The Commission shall cease to exist
upon the filing of its final report, except
that the Commission may continue to func-
tion for up to 60 days thereafter for the
purpose of winding up its affairs.
(12) The Commission is authorized to pro-
cure temporary and intermittent services of
experts and consultants as are necessary to
the extent authorized by section 3109 of
title 5, United States Code, but at rates not
to exceed the daily equivalent of the rate
then payable for grade GS-18 in the Gener-
al Schedule under section 5332 of such title.
(13) There is authorized to be appropri-
ated the sum of $1,000,000 for necessary sal-
aries and expenses of the Commission.
(d)(1) There is established in the execu-
tive branch of the Government an office to
be known as the "Office of the Director of
National and International Drug Operations
and Policy" (hereinafter in this heading re-
ferred to as the "Office of the Director").
There shall be at the head of the Office of
the Director a Director of National and In-
ternational Drug Operations and Policy
(hereinafter in this section referred to as
the "Deputy Director") to assist the Direc-
tor in carrying out the Director's functions
under this.
(2) The Director and the Deputy Director
shall be appointed by the President, by and
with the advice and consent of the Senate.
The Director and the Deputy Director shall
each serve at the pleasure of the President.
No person may serve as Director or Deputy
Director for a period of more than four
years unless such person is reappointed to
that same office by the President, by and
with the advice and consent of the Senate.
The Director shall be entitled to the com-
pensation provided for in section 5313, title
5, United States Code. The Deputy Director
shall be entitled to the compensation pro-
vided for in section 5314, title 5, United
States Code.
(3) The Director shall serve as the princi-
pal director and coordinator of United
States operations and policy on illegal
drugs.
(4) The Director shall have the responsi-
bility, and is authorized to-
(a) implement the strategy recommended
pursuant paragraph c(6);
(b) thereafter, revise any such strategy
and develop, review, implement and enforce
all United States government policy with re-
spect to illegal drugs and narcotics;
(c) direct and coordinate all United States
Government efforts to halt the flow into,
and sale and use of illegal drugs within the
United States;
(d) develop in concert with governmental
entities budgetary priorities and budgetary
allocations of entities of the United States
Government with respect to illegal drugs;
and
(e) coordinate the collection and dissemi-
nation of Information necessary to imple-
ment United States policy with respect to il-
legal drugs.
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October 26, 1983 CONGRESSIONAL RECORD - SENATE S 14659
(5) In carrying out his responsibilities egy and plan prepared by the Commis- forcement caucus so ably cochaired by
under paragraph (4), the Director is author- sion.
ized to- Senator HAWKINS and DECONCINI
(a) direct, with the concurrence of the Mr. President, the drug coordinator which includes 46 Senators; 34 Repub-
head of the agency employing such person- amendment is familiar to all my col- licans and 12 Democrats. In a letter to
nel, the temporary reassignment of govern. leagues as it is was something that was the President dated December 29,
ment personnel within the United States passed by this body last year by a vote 1982, encouraging him to sign into law
Government in order to implement United of 63 to 33. This measure was passed an eight part crime bill, the caucus en-
States policy with respect to illegal drugs; overwhelmingly by the House and for- dorsed the provision that would "Es-
(b) procure temporary and intermittent warded to th
P
i
e
res
dent where it was
services under section 3109(b) of title 5 of pocket vetoed last January, along with
the United States Code, but at rates for in-
dividuals not to exceed the daily equivalent other crime fighting initiatives.
of the maximum annual rate of basic pay The purpose of this amendment is
payable for the grade of GS-18 of the Gen- two fold: First, it will establish a cabi-
eral Schedule; net-level office to be called the Office
(e) accept and use donations of property of National and International Drug
from all government agencies; and Operations and Policy. The Director
(d) use the mails in the same manner as and Deputy Director would be ap-
any other department or agency of the ex- pointed by the President by and with
ecutive branch.
the advice and consent of the Senate.
(6) Notwithstanding any other provision
of law, rule, or regulation to the contrary, The Director would have authority to:
the Director shall have the authority to - Develop, review, implement, and en-
direct each department or agency with re- force U.S. Government policy with re-
sponsibility for drug control to carry out the spect to illegal drugs; direct and co-
policies established by the Director consist- ordinate all U.S. Government efforts
ent with the general authority of each to halt the flow into, and sale and use
agency or department. of illegal drugs within, the United
(7) The Administrator of the General States; develop in concert with other
Services Administration shall provide to the
Director on a reimbursable basis such ad. Federal entities concerned with drug
ministrative support services as the Director control the budgetary priorities and
may request, allocations of those entities with re-
(8) The Director shall submit to the Con- spect to illegal drugs; and coordinate
gress, by January 1, 1986, and annually the collection and dissemination of in-
thereafter, a full and complete report re- formation necessaary to implement
flecting accomplishments with respect to U.S. policy with respect to illegal
the United States policy and plans thereto-drugs.
fore submitted to the Congress.
(9) For the PurPoge' of carrying out the Second, this amendment calls for
function of the Office there are authorized the establishment of a National Com-
to be appropriated $500,000 for fiscal year mission which for the first time, will
1985, and such sums as may be necessary for develop a comprehensive, coordinated
each of the four succeeding fiscal years, to strategy and plan to be implemented
be available until expended. by the Office of,the Drug Coordinator.
(10) This subsection shall be effective Jan- Mr. President, the 97th Congress
uary 20, 1985. concluded that Federal coordination
Mr. BIDEN. The reason the Senator and leadership of drug control is such
from Arizona and I and others such as a complex and diverse job that it re-
Senator PELL, Senator CHILES, and quires the attention and responsibility
Senator MOYNIHAN who are cospon- -of one person. Cabinet-level status for
sors, and Senator NUNN are proposing this individual is necessary so that it is
this amendment is that this is a clear that this individual reports di-
matter which has been debated in the rectly to the President and has suffi-
past on the floor of the Senate and cient clout to impose a truce on inter-
has passed overwhelmingly. agency fueding, to insure maximum
The distinction is we have made the participation of all agencies and to al-
amendment we believe even more pal- locate budgetary resources in a effi-
atable by tying together the original cient and effective manner.
amendment with an amendment by These comments were echoed by
the distinguished Senator from Arizo- Senators DECONCINI, HATCH, and SPEC-
na which calls for the setting up of a TER during markup of this amendment
commission to study how best to in the Judiciary Committee.
attack the drug problem plaguing this Senator DECONCINI stated, "Anyone
country, that looks at this problem will see that
I will ask the Senator from Arizona coordination is anything but good."
to speak to that in the time we have. Senator HATCH said he hoped that
But suffice it to say that one of the the administration would not veto this
criticisms of the bill the last time in bill because "It is a good idea and it is
the discussion with the administration time we got on with the war on narcot-
and others was the fact that we were ics."
moving precipitantly in restoring the Senator SPECTER discussed with the
chain of drug matters in this adminis- committee members his efforts to per-
tration. suade the President to support this
The beauty of this amendment is in bill last Congress and indicated that
the wisdom of the Senator from Arizo- "the cause is not lost and I think we
na which will be in place for 1 year ought to persevere."
and it would not be until the end of The Judiciary Committee acted on
that Commission at which time a this legislation by voting it out of com-
report would go to the so-called drug mittee, by a vote of 12 to 5.
coordinator who would then be re- Additional support for this amend-
sponsible for implementing the strat- ment comes from the Senate drug en-
tor."
Additional support for this concept
comes from the General Accounting
Office in their report dated June 13,
1983, entitled, "Federal Drug Interdic-
tion Efforts Need Strong Central
Oversight."
In this report GAO criticized the
fragmentation of the Federal drug in-
terdiction effort which is split among
three separate agencies in three execu-
tive departments, each having differ-
ent program goals and priorities.
GAO recommended to the President:
That he direct the development of a
more definitive Federal drug strategy
that stipulates the roles of the various
agencies with drug enforcement re-
sponsibilities.
That he make a clear delegation . of
responsibility to one individual to
oversee Federal drug enforcement pro-
grams.
Mr. President, the Reagan adminis-
tration has taken many promising ini-
tiatives in the area of drug law en-
forcement. The President is to be com-
mended. for committing the additional
resources that resulted in the creation
of the South Florida Task Force. The
Reagan administration has also com-
mitted itself to funding two nation-
wide task force programs instituted
within the past year, the organized
crime drug enforcement program
(OCDE) and the national narcotics
border interdiction system (NNBIS).
Despite these actions, I believe the
administration's antidrug effort falls
short in one crucial respect: the lack
of central direction.
At least 15 Federal agencies play a
role in the regulation of commerce in
dangerous drugs or in the enforcement
of other restrictions designed to
reduce the abuse of such drugs. These
agencies are located in six different
departments. Under such circum-
stances, it is inevitable that divergen-
cies as to priorities will arise and that
there will be conflicting interpreta-
tions of national policy.
Included in this amendment is an ex-
cellently drafted provision of Senator
DECONCINI. Senator DECONCINI pro-
poses the establishment of a commis-
sion to review and recommend changes
in our drug enforcement and interdic-
tion policy and to develop a compre-
hensive plan and strategy to be imple-
mented under the direction of the
drug coordinator. Senator DECONCINI
has in the past so accurately stated,
that we need a comprehensive strategy
for attacking the drug problem. We
also need a single person of cabinet
rank to carry out that strategy. We be-
lieve this amendment will resolve the
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S 14660 CONGRESSIONAL RECORD - SENAT October 26, 1983
problem of an ineffective strategy and and other illicit drugs that end up in grams or bureaucracy; indeed our
lack of central direction. the hands of young and middle aged amendment explicitly states that
FLEXIBLE TO APPOINT ATTORNEY GENERAL Americans. someone serving in the Cabinet, such
Mr. President, the amendment I pro- We voted unanimously last year to as the Attorney General, could serve
pose is written to provide flexibility in increase budgets for Federal agencies in this coordinating capacity.
its implementation. It does not speci responsible for drug interdiction and In the past several years, drug traf-
fy, for example, that the proposed enforcement. And, last year we voted ficking has become a problem that is
office must be a part of the Executive in a bipartisan manner in favor of this national in scope. We cannot rely
Office of the President. very amendment. We have agreed that upon the kind of short-term successes
Under the provisions of the amend- drug control is unique in both the we have had with the Florida task
ment, the President would be free to danger it poses to the social fabric of force. What is needed is consistent
appoint an incumbent such as the At- the Nation and in the necessary com- attack on this problem at the highest
torney General as Director of the cen- plexity of how our Government levels of our Government, starting
tral. drug agency if, in his judgment, should respond. with a clearcut strategy for combating
that were the soundest course. The Until there is one individual who can drug trafficking in every region of the
sole purpose of the proposed legisla- say to Congress and the American country.
tion is to provide sufficient authority people, this is the plan and this is how I urge my colleagues to join in sup-
to a single official, one who clearly has we will implement the plan. It will porting this amendment to provide the
the President's attention, for the uni- continue to be business as usual with strong leadership we must have if we
fied direction of Federal efforts to our drug control program: Completion, are to win the war against drug traf-
curb the traffic in illegal drugs. duplication, and inefficiency. fickers, and I yield the remainder of
COMPARISON WITH DIRECTOR OF CENTRAL I ask all my colleagues again, for my time to the Senator from Dela-
INTELLIGENCE their support in adopting this amend-
What we are seeking in the amend- ment. Ware.
re. BIDEN. Mr. President, I yield to
ment is to strengthen central direction I now yield 2 minutes to the Senator Mr. Arizona.
of the antidrug effort. The Director from Rhode Island. the M Senator from A A I thank the Sena
created by this amendment is to the Mr. PELL. I thank my colleague
drug law enforcement community from Delaware. Mr. President, I rise in tor from Delaware.
what the Director of Central Intelli- strong support of the amendment of- We have gone round and round on
gence (DCI) is to the intelligence com- fered by the Senator from Delaware the subject of drug interdiction in this
munity. It is envisioned that both es- and the Senator from Arizona. Last body for a number of years. We passed
tablish general policies and priorities, year, Senator BIDEN, Senator DECON- out what is known as the comprehen-
approve budget submissions, and pre- CINI, and I offered a similar amend- sive drug coordinator, as the Senator
pare a governmentwide program by ment to the Violent Crime and Drug from Delaware pointed out and as it
which the Chief Executive may dis- Enforcement Improvements Act. Re- was pointed out by others.
charge responsibilities the Constitu- grettably, the President vetoed this This, as the Senator from Delaware
tion explicitly vests in him. bill because of his opposition to the points out, is far more palatable I be-
There are four major aspects of the "Drug Czar" provision. lieve because it creates a commission
drug problem: Foreign eradication or In the intervening year, our experi- which is very similar to the commis-
crop substitution in the source coun- ence has been that the drug traffick- sion that was created for immigration
tries, interdiction of drugs before they ing problem has grown substantially. and refugees. It is patterned after
reach the U.S. borders and streets of As a result of the so-called Florida that.
our cities, enforcement and investiga- Task Force, we have seen trafficking I think we know the success of that
tion of those individuals involved in acitivity shift to other regions of the commission which brought about the
drug trafficking in this country, and country. In the Northeast, for in- Comprehensive Immigration Reform
collection of intelligence useful in in- stance, there has been a great increase Act that passed this body and is now
terrupting the flow of drugs at each of in coastal drug smuggling over the stalled in the House of Representa-
these stages. The Director will oversee past year. Figures made available to tives.
the development and implementation me this week by the Drug Enforce- I think this combination gives us the
of a plan that addresses all of these as- ment Administration in Boston dem- best of both worlds, an opportunity to
pects. He will have the authority, with onstrate how dramatic the change has oversee through the commission and
consultation from the agencies and de- been: in 1981, seizures of marihuana in the creation of the drug coordinator
partments involved, to prioritize the amounted to 28 tons, a figure which at the determination of that commis-
Federal effort devoted to all aspects of increased to 211 tons in 1982. Already sion.
the drug effort. this year, 170 tons of marihuana have I want to thank the Senator from
In seeing that the agencies and de- been seized along the New England leadership.
partments are coordinating and com- coastline. Delaware for President, his l lee plain English, this
mitting their resources in unison with I do not believe any Member of the ameMr. ndment creates a new Drug Com
the overall Federal antidrug program Senate would dispute the need for a mission and establishes a so-called
the Director will exercise authority more aggressive national attack on the m c our
similar to that which the Director of drug trafficking problem. Our under- Drug coordinator or of o
ex-
believe briefly ur
Central Intelligence has in coordinat- funded Federal law enforcement agen- national C Czar why drug as I strongly effort. he the c c Let me
that both
Ing Federal intelligence responsibil- cies are fighting a war against a well- plain la needed and why I believe both they
ities. This does not mean the Director organized, well-financed, $80-billion-a- should be considered in tandem today.
will involve himself with day-to-day year industry. What we are seeking to
command decisions or interfere with do with this amendment is to provide COMMISSION ON DRUG INTERDICTION AND
individual agency tasks. the high level authority that has been ENFORCEMENT
Mr. President, we in the Congress lacking from a program that involves Mr. President, I am recommending
have decided that the problem of drug more than a dozen agencies spread the creation of a new Commission on
abuse has reached such a dismal state throughout the entire Government. Drug Interdiction and Enforcement. It
that we must take immediate action. This amendment would provide for a is my hope that this Commission will
Only last week, we voted 96 to 0 in 1-year study of our current drug en- attract the congressional, administra-
favor of an amendment to the State forcement capabilities, to be followed, tion, and private sector experts in the
Department authorization bill offered in January of 1985 by the establish- field to develop for the first time a
by Senator HAWKINS that would cut ment of a Cabinet level office to have comprehensive, coordinated strategy
off aid to nations not making legiti- the lead authority over the various for waging an all-out war on intercept-
mate progress in curtailing the cultiva- agencies involved in this effort. We are ing drugs M they come across our bor-
tion and production of heroin, cocaine, not seeking to create any new pro- ders.
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October 26, 1989 CONGRESSIONA
L
D
UG
AIL 11ul-
oLi iuea or creating a ther side yields time, time wi
border interdiction system (NNBIS), a centralized office for directing our na-
ll be
charged equally against both sides.
program designed to mobilize re- tional drug effort is certainly not a
sources to attack the drug smuggling new idea in this Chamber. The so- Mr. BIDEN. Mr. President, I see the
problem around all of the U.S. bor- called drug czar was a key part of the Senator from South Carolina is pre-
ders. I have repeatedly applauded the crime bill that President Reagan pared h to respond. Let me discuss some
Vice President's efforts to focus the vetoed last year, but more important- South the arguments the Senator fthm
power and resources of the Federal ly, it is a concept that has been recog- South Carolina may raise against this
Government on this sinister drug nized as essential to our war against amendment.
problem and I will continue to support drugs in both Houses of Congress. Just Mr. Presidene, one nt the arguments
his program. However, despite the as I believe a Commission on Drug In- thority of the am endment is that the au-
y the Attorney General would
good intentions of the President, the terdiction is needed to map out a com- be undermined.
Vice President, and our individual prehensive drug strategy, so, too, do I be drug interdiction agencies, there is believe that a drug coordinator is the I want s discusssionsmake with the clear throughout
still the clack of a coordinated, needed to implement such a strategy . wt g with still the critical tic strategy for attacking in the Federal Government. tion, including our meeting with the
str strategy for The Gov- The Director of National and Inter- President, that I had no objection to
the drug smuggling problem.
for a "war national Drug Operations and Policy the Attorney General serving as the
ten ernment
drugs" needs the to
same prepare way for a "wwould be a Presidential appointee, chief coordinator. I believe there is
for war against an enemy prepares the confirmed by the Senate, and would sufficient flexibility in the amendment
United States.
serve as the principal director and co- to permit this.
We need a national and internation- ordinator of U.S. operations and policy The second argument the Carolina guished al game plan nfor ational andin drug in- on illegal narcotics and drugs. Clearly, may make Senator from South bring thal game plan warfare, this amendment would not be estab- may ms this bill would bring the
including bolster- lishing a large new bureaucracy to White House into day-to-day law en-
ing our international intelligence- compete with existing Federal respon- forcement decisions.
gathering systems; providing existing sibilities in the drug area. To the con- I have made clear in the past it was
military aircraft, radar, and other teary this small bffice would serve as a cated never our intent that this office be lo-
equipment to our civilian law enforce- vehicle for cutting through the tradi- am not the White House. Indeed, I
ment agencies for drug interdiction tional "turf" battles among drug -en- from ot the where that idea came
purposes; establishing tough, interna- forcement agencies and help to coordi- rein an first place. This bill would
tional drug eradication programs in nate the Federal drug effort and mobi- create anc of office a the executive
source and transshipment countries; lize all assets of the Federal Governbrnch of Government not in the Br-
and developing a coordinated system ment against this devastating menace. sides ecutive Office of the President. Be-
for allocating Federal drug enforce- Mr. President, I will not burden my sides unlike White House staff this in-
ment resources to the agencies and lo- colleagues with the numerous reports dividual would be appointed with the
cation where the drug smuggling and studies that show the seriousness advice and consent of the Senate and
threat is most acute. - of the drug problem in this country. therefore would be appearing before
We do not have such a war plan, but Suffice it to say that the drug threat the Senate committee on a regular
we desperately need one. The Vice to this country is staggering and get- basis.
President cannot do it alone. The indi- ting worse. The cost of drug abuse to ARGUMENT AGAINST
vidual law enforcement agencies the economy has been estimated at The bill would take away the indi-
cannot do it on their own. The mili- $25.8 billion a year; the drug traffick- vidual authority of other Cabinet
tary cannot db it alone. The Vice ing industry is an $80 billion a year members and Agency heads.
President and other key players in-the empire; and as much as 70 percent of
Federal drug interdiction effort need a all violent crime in the United States RESPONSE
national strategy to put into effect. I is directly related to drugs. To attack Now I hha always thought that be was am confident that the Commission on this violent problem in our country, subject clear that such direction would be
Drug Interdiction and Enforcement we need tough new measures; we need and if clarify appeal tlanguage is necessary
will give the administration and the someone in charge full time who can and
make that cl think that would
Congress the blueprint for a successful cut through the bureaucratic and turf be make that clear I thinthat would
"War on Drugs," a war that we can snarls that have plagued our dru that the As a epractical matter
ultimately wii~j, effort to date; and we need a commis at is how tDCI enforces tasking
nforces tasking
Mr President, this Commission lion to map out a national war plan the i requirements
ine llige community. the ity. For exam-
for
of
nce would be a truly bipartisan mix of ex- attacking the drug problem from ple, the DCI the Secretary For
parts from the administration, the all fronts. This amendment will get t, if Treasury DCI to place orders its the highest
Congress, athe the ball rolling in this direction. the
Congress, and n of the
on collecting intelligence on heiof
16 , rpri ri vat embers sector. It Mr. President, the Vice President ity
In-
o a anal bl banking an on the the
the
has done a fine job in the drug inter- Amtorg activities th Soviet
ing four Cabinet members, four from diction area, but he needs help, full- Government) ( and arm cr the o the
the House Judiciary Committee, four time help that can devote every day of overnmntl and the Secretary of tfrom the Senate Judiciary Committee, the week to coordinating our war on Treasury feels it Department's more important to use and four members appointed by the drugs and to implementing a national out the what Chase Manhattan resources to find
President, Including the Commission strategy. By creating a commission in out what Chase Mattan has done
Chairman. The Commission will evalu- and a drug coordinator we will be overextending itcen to eal Mahe
ate U.S. policies governing drug inter- g cans the Secretary can app
diction, international drug eradication, helping the President, the Vice Presi- y al to the
diction, dent, the Attorney General, and, most President.
gn and domestic intelligence-gath- importantly, the country in launching
ering strategies, and oiRGUMENT AGAINST
elements that must other f developed important mp t full-scale, full-time warfare against The administration has not had a
build a truly national strategy to drugs. chance to explain their objections.
combat drug smuggling. A final report I urge the adoption of my amend- RESPONSE
combat drug miggli n would final report ment. The fact I am now listing arguments
from the be sub- mitted concurrently to the Congress mainder of our time?
Mr. BIDEN. May we reserve the re- made by the administration indicates
and the administration by no later The PRESIDING OFFICER. Who listiforotheo committee the ti n stand
than January 20, 1985. yields time?
places just in the last year in which
Mr. President, back in March of ----..
E
RECORD - SENATE S 14661
CTOR OF NATIONAL
year, the Vice President announced INTERNATIONAL
R
--- ------
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S 14662
CO,.ORESSIONAL RECORD - SENATE October 26, 1983
the President or a member of the ex- We have reported a crime package, a Mr. STENNIS. Mr. President, I am
ecutive branch has commented on this very fine package, which is ready to be totally opposed to drug traffic of any
proposal. taken up at any moment that those on kind or the illegal sales or anything
Department of Justice letter to the the other side withdraw their objec- else. We are bothered with it down in
chairman dated September 30, 1982. tions. Mississippi. It seems as though Florida
The President's memorandum of dis- We passed out several separate bills. has been more successful in banning
approval in vetoing the crime bill We passed one out on capital punish- them and dealing with them. They
dated January 14, 1983. ment, we passed one out on the exclu- changed and they come around our
Countless news articles about the sionary rule, we passed one out with way now, come through south Missis-
veto of the crime bill during the week respect to habeas corpus, we passed sippi. So I am totally opposed to it.
of January 15. one out with respect to the Federal But the way to get at it is to get a
Testimony by the Attorney General Tort Claims Act, and we passed one bill that is really put together by the
and FBI Director Webster at an orga- out on the drug czar. Judiciary Committee and by the Sena-
nized crime and drug trafficking hear- The reason they were not included tor from Delaware. There is no more
ing on January 27, 1983, in this package is they are all contro- effective man in this party than he is,
Testimony by Carlton Turner, Direc- versial, and if any one had been at- and experienced, too.
for of the Office of Drug Abuse Policy tached to this crime package, there So let us put together a bill that will
on February 17, 1983 before the House would have been a tussle and a fight be effective and brought about in the
Judiciary Committee hearing entitled over that, and I am very pleased the right way, rather than the hurry-
"coordination of drug enforcement ef- committee agreed unanimously, all of scurry thing here, putting it in an ap-
forts". I the members of the committee, on the propriations bill.
Senate Judiciary hearing on S. 829 crime package. We will just have to be firmer, I say
the Comprehensive Crime Control Act But on these matters they are to the chairman of the committee. He
of 1983 on May 4, 1983 when the At- highly controversial, and that is the is very effective in this, but we will
torney General and Rudolph Guiliant, reason we sent them out separately. just have to be more firm with refer-
former associate attorney general tes- The distinguished Senator from ence to so many of these amendments.
tified. Delaware can bring this bill up, and I They have a lot of worth in them, but
ARGUMENT AGAINST am sure will bring it up, in due time. it is the wrong place.
The bill would create an unnecessary So this is not the appropriate place for We do not want to have to put a sign
and costly layer of bureaucracy. this legislation. up down in the Appropriations room
RESPONSE Mr- President, last year this was that says: "This was once the Appro-
This is the argument that most trou- added to the crime package and the priations Committee room, but now it
bles me. The whole purpose of this bill President vetoed the crime package. i is legislation on any subject anybody
is to give one person authority to cut am confident that if we add this par- wants. Bring it in."
through existing bureaucratic barriers ticular amendment to this appropri- So I think we will not delay the ef-
to coordination. Indeed this adminis- ation bill the President will veto it. As fectiveness of the bill one bit to defeat
tration's answer, like those in the past. I say, he has already vetoed a similar this, not on the merits, as I am insist-
has been to create coordinating groups one last year. ing, but on procedure and get even a
and councils. Indeed, we now have at He is against the crime czar. He has better bill with the sponsorhips of the
least eight groups or councils or com- a setup which he thinks is working Senator from Delaware and those
mittees that purport to coordinate the nicely. He does not want it interfered working with him, Senator DECONCINI
activities of the nine Cabinet and 33 with. So why run the risk of killing from Arizona, and others.
agencies involved in drug control and the supplemental bill, which has so I yield the floor.
prevention. This is decision by consen- many valuable things in it, lust to put Mr. BIDEN. Mr. President, just one
sus that leaves no one responsible and in this one little thing? I think it is a closing comment. I do not concede the
is not efficent. The public would like mistake. Therefore, for those reasons, notion that the President will neces-
to know and Congress would like to I oppose the amendment and hope it sarily veto this bill. I have been in dis-
know, who is in charge? will be tabled. cussions with the administration.
Let us be serious. We are not talking The PRESIDING OFFICER. Who They have been much more inclined
here about more government-the yields time? to discuss the creation of such a posi-
office in question need not be large. Mr. BIDEN. Mr. President, I yield tion as I have proposed.
Indeed, its responsibilities could be myself such time as I may need. So although that might happen, and
performed by personnel borrowed Mr. President, this is not the crime it did happen in the past, I do not
from existing agencies. Also, we could bill. The Senator from South Carolina think we can say that with absolute
do away with some of these layers of is absolutely correct. We agreed to not certainty, it will happen again.
coordinating groups and councils that put this in the crime 'bill. But the Mr. President, I am prepared to vote.
only further confuse the policy agreement we had was and remains Mr. STENNIS. Mr. President, if the
making process. we are talking about that all those so-called controversial Senator would yield, it is correct, is it
making the Government we have work amendments, this being one of those, not, that his bill is S. 1787, which is on
right, and do the job it is supposed to could be moved in any way which the the calendar?
do. not increasing its size. authors of those amendments felt ap- Mr. BIDEN. That is correct.
Mr. President, I withhold the re- propriate, other than the crime bill. Mr. President, I am prepared to vote.
mainder of my time and I yield the That is what we are doing there today. Mr. THURMOND. Mr. President, I
floor. Mr. President, unless the Senator yield to the distinguished chairman of
Mr. THURMOND. Mr. President, I from Georgia or the Senator from Ari- the Appropriations Committee.
yield myself such time as I may re- zona would like some time, I am pre- Mr. HATFIELD. Mr. President, I
quire. pared to yield back the time and vote would only say as a matter of record
I rise in opposition to this amend- on the amendment. that I have discussed this matter with
ment and I do it for several reasons. I ask for the yeas and nays on the not only the distinguished chairman
The first is that it is not the appropri- amendment, of the Judiciary Committee but also
ate legislation for this amendment. I The PRESIDING OFFICER. Is with Senator LAXALT, who has a keen
want to say this: That on the calendar there a sufficient second? There is a interest in this bill. Senator LAXALT
now we have a bill by the able and dis- sufficient second. has authorized me to indicate that
tinguished Senator from Delaware, S. The yeas and nays were ordered. this amendment, which would provide
1787, which was reported from the Ju- Mr. THURMOND. Mr. President, I an automatic triggering mechanism, as
diciary Committee and which ' can be will yield to the able Senator from I understand it, to put into place a co-
considered in due time. Mississippi. ordinator for drug control at the end
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October 26, 1988 CONGRESSIONAL RECORD - SENATE S 14663
of a specified period of time, would be of Mexico as the prime supplier of the This is not the place for it here. The
subject to veto by the President and, U.S. market for heroin created a President will, in my opinion, veto this
on that basis, he is opposing the vacuum filled by poppy-growers in whole bill, so why run the risk?
amendment. Southwest Asia, particularly Pakistan. Furthermore, we think the bill that
As I say, I am merely authorized to Once again, I took to the road, secur- is being worked on now by the distin-
make that communication to the body ing commitments from General Mo- guished Senator from Delaware with
of the Senate at this time. harnmad Zla,-ul-Haq of Pakistan to the administration might be worked
I yield back my time. take hold of the heroin problem. To out, something might be worked out.
Mr. MOYNIHAN. Mr. President, I
rise in sof this amendment to my knowledge, however, heroin con- Why go and pass this now, because
rise support
create
Office of the Director of to tinues to flow from Southwest Asia. later, if the administration is not
and eof the D Drug Opea- The resources of our Nation's drug en- pleased, they will certainly veto it.
ationstional Such r office wi provide forcement agencies are being taxed ac- It seems to me the logical thing to
needed coordination amongst the vide cordingly. do is give the Senator from Delaware
eral Federal agencies that battle drug This history suggests the complexity more time to work with the adminis-
abuse and drug-related crime in this of the task confronting those who tration on this particular matter. It is
country, would lead the fight against drug traf- objectionable on this piece of legisla-
By virtually any measure, this ficking and abuse. From the time the tion. The chairman and the manager
Nation is barely holding its own poppies are cut in Pakistan or the can- of the bill is against it. The ranking
against illicit drug use and commercial nabis is harvested in Colombia, to the member on the Appropriations Com-
activity. In the last 13 years, Congress time that a young man or woman.pur- mittee is against it. The Judiciary
has enacted a number of measures de- chases and consumes the drug on an Committee chairman is against it. We
signed to reduce both the supply of inner-city street, at least seven Federal hope the Senate will table it.
and the demand for drugs. These in- agencies have sought unsuccessfully to Mr. President, I move to table the
clude the Foreign Assistance Act of halt its flow. Consider the organiza- amendment.
1971, which authorized suspension of tions that get involved at one time or The PRESIDING OFFICER. Time
foreign aid to countries not cooperat- another-the Internal Revenue Serv- on the amendment has not been yield-
ing in attempts to reduce the flow of ice, the Federal Bureau of Investiga- ed back.
illegal drug traffic to the United tion, the U.S. Customs Service, the Mr. THURMOND. Mr. President, I
States, while financing eradication Coast Guard, the Drug Enforcement yield back N. I i .
programs in cooperative supplier-na- Administration, the Food and Drug Mr. BIDE yield bacMr. k Pre den.
tions; the Reorganization Plan No. 2 Administration, and the U.S. Attor- Me THURMOND. nd President, I
of 1973, to coordinate the efforts of ney's Office, to name but seven that move BIDEN. table the amemnt,
many of the agencies related to the come to mind immediately. My Mr. President, I ask for
prevention of illicit drug traffic; and at Each to these organizations does the the yeas Rand ES DI.
least 55 other major and minor anti- very best job that it can. But I suggest The PRESIDING OFFICER. Is
ffia t secoient second? There is a
drug measures. we are in need of some coordination of there
Yet-the supply and use of many dan- these agencies. As early as 1963, Presi- suffcient second.
gerous drugs is rising and will continue dent Kennedy's Advisory Commission The yeas and nays were ordeR.
to do so. The National Narcotics Intel- on Narcotic and Drug Abuse, known as The PRESIDING OFFICER. The
question ligence Consumers Committee report- the Prettyman Commission, noted the is on agreeing to the motion
ed that in 1981, the supply of heroin several agencies involved and deplored of tile Senator from South Carolina
in the United States rose to 4.0 metric the f
ragmentation `'HVthe Se ao rafro the amend we
tons; for cocaine, that figure was 34-45 . The Commission of the Senator from Delaware
metric tons; for hashish, 200 metric recommended the creation of a single (Mr. BIDEN), The yeas and nays have
metr and for for hashish,
upwards of new agency that would encompass the been ordered and the clerk will call
tons; almost This unbelievable
committee t metric
noted a worsen- reaus, offices, and divisions of five dif- The assistant legislative clerk called
tons. on of heroin and cocaine abuse in ferent cabinet departments. As the the roll.
ig1, and predicted that the abuse in drug problem has worsened in the en- Mr. STEVENS. I announce that the
ue to dtt that the situation
would and
least suing 20 years, the coordination has Senator from North Dakota (Mr. AN-
continue n1985. The tin a to costs o to
at least also deteriorated-despite the rhetoric DREws), the Senator from Kansas (Mr.
are virtually incalculable, because of of every President since Kennedy. DOLE), the Senator from Minnesota
the enormous amounts of crime, The establishment of an Office of (Mr. DURENBERGER), and the Senator
health problems, and decreased pro- the Director of National and Interna- from Arizona (Mr. GOLDWATER) are
health that accompany their use, tional Drug Operation and policy necessarily absent.
Nevertheless, the General Accounting would not, by any means, eliminate Mr., CRANSTON. I announce that
Office estimates that we are faced the problem of illicit drug activity. the Senator from South Carolina (Mr.
with an $80 billion-a-year industry. My Indeed, many specific changes in laws, HOLLINGS) and the Senator from Mas-
concern with the 'dangers of illicit such as reform of bail and sentencing sachusetts (Mr. TsoNGAS) are necessar-
drug activity is long standing. While procedures as well as forfeiture regula- ily absent.
serving as President Richard Nixon's tions, are needed badly. Nevertheless, I also announce that the Senator
Assistant for Urban Affairs, I investi- the prospects for coordination raised from Michigan (Mr. RIEGLE) is absent
gated the close relationship between by this proposal represent one immedi- because of illness in the family.
many of the problems facing our ate and positive step that the Senate The PRESIDING OFFICER (Mr.
cities, especially crime, and the prolif- can take in the increasingly difficult JEPSEN)? Is there any other Senator in
eration of narcotics such as heroin. I struggle against drugs. the Chamber who desires to vote?
traveled extensively to Calcutta, Istan- Mr. THURMOND. Mr. President, I The result was announced-yeas 40,
bul, and Paris, in an effort to sever the will not take all of that time. I simply nays 53, as follows:
"French Connection." With the coop- want to say that it has been a pleasure [Rollcall Vote No. 317 Leg.]
eration of the French Government, we to work with the distinguished Sena- YEAS-40
did
mana
t
t
ge
o s
em the flow of heroin tor from Delaware, who is the ranking
entering the United States via France. member of the Judiciary Committee.
The beast is not easily put off. When In every way I could, I have tried to
Mexico became the new center of the work with him and we got his bill out
heroin trade, we worked with the of the committee. It is now on the cal-
Mexican Government to coordinate a ender. It can reach the Senate in due
swift and decisive response. The exit time.
Abanor
Garn
Laxalt
Armstrong
Gorton
Long
Baker
ey
Lugar
Cocf
a
Hatfield
Mathias
h
n
Hecht
Mc clure
Danforth
Helms
Murkowskl
Denton
Jepsen
Nickles
E
at
Kassebaum
Packwood
v
Evans
Kasten
Percy
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S 14664 CONGRESSIONAL RECORD - SENATE October 26, 1983
Pressler Symms Warner tions involved and can act on pending In short, for those Senators who
Quayle Thurmond Weicker
Rudman Tower Wilson legislation on this issue, without the have not yet made up their minds on
Stennis Trible undue pressure of new rules already the underlying issues and want to
Stevens Wallop having been issued by the FCC. insure full, unfettered Senate review
NAYS-53 I will comment on the merits of the before their options are even partially
Baueus Eagleton Mattingly matter briefly. However, I would first foreclosed, retention of the Stevens
Bentsen Exon Melcher like to address a jurisdictional issue amendment in the supplemental bill is
Biden Ford Metzenbaum that has been raised as a basis for de- clearly the appropriate position.
Bingaman Glenn Mitchell leting the Stevens amendment. The As for myself, however, after many
Boren Hart Moynihan
Boschwitz Committee has scheduled months of careful consideration of the
Bradley adleytz Hatch Nunn
Hawkins Pell hearings soon for legislation on this arguments offered by both sides, I be-
Bumpers Heflin Proxmire matter introduced by the Senator lieve that the repeal or dilution of the
Burdick Heinz Pryor from California (Mr. WILSON), which I financial interest rules poses substan-
Chid Huddleston Randolph have cosponsored. Senators seeking to
Byrd Humphrey y Roth tial dangers to the public interest and
Cohen Inouye Sarbanes delete the Stevens provision suggest that the proponents of change have
Cranston Johnston Sasser that it would defeat the Commerce not met their burden of showing what
D?Amato Kennedy Simpson Committee's jurisdiction by prejudg- public
DeConcini Lautenberg Specter ing the issue. On the contrary, Mr. benefits justify risking the very
Dixon Leahy Stafford dangers that the rule has protected us
Dodd Levin Zorinsky President, the provision insures not from for over a decade.
Domenici Matsunaga only that the committee can hold For the past 11 years, the financial
NOT VOTING-7 hearings on legislation, but also that interest and syndication rules have
Ararews Goldwater Tsongas both the committee and the full protected hundreds of independent
Dole Hollings Senate will be able to decide whether television stations throughout the
Durenberger Riegle to pass it, before they are faced with country. They have also offered some
So the motion to lay on the table preemptive action by the FCC. protection to numerous small- and
amendment No. 2443 was rejected. An alternative approach may be pro- medium-sized independent television
The PRESIDING OFFICER. The posed as a substitute for the Stevens program producers. The rules have
question now is on agreeing to the amendment. This approach would protected both groups from the inher-
amendment. The yeas and nays have leave the FCC free to issue its new ent dangers of the television networks
been ordered. rules, but would prevent the imple- exercising their marketpower and
Mr. BIDEN addressed the Chair. mentation of rules for the same period their ability to chill the competitive
The PRESIDING OFFICER. The as the Stevens amendment. challenge posed by independent sta-
Senator from Delaware is recognized. The argument is that by letting the tions to network affiliates and net-
Mr. BIDEN. Mr. President, I ask FCC further revise its proposed new work owned stations.
unanimous consent that the order for rules, we would be able to know what The effort to repeal these rules has
the yeas and nays be vitiated. compromises the television networks marched under the popular banner of
The PRESIDING OFFICER. Is might be willing to let the Commission "deregulation." As my colleagues
there objection? The Chair hears make in its earlier proposals. know, I have championed true deregu-
none, and it is so ordered. The answer to that suggestion is know,, where that means a return to
Mr. BAKER addressed the Chair. simple. It is in fact a clever effort to free market competition in that indus-
The PRESIDING OFFICER. The prevent the Congress from exercising try and palpable benefits to the gener-
majority leader is recognized. its legislative prerogatives, uncon- al public.
Mr. BAKER. Mr. President, since strained by an agency fait accompli. of television programing,
that vote has been vitiated, I wish to Once the FCC formally promulgates In the
announce there will be no more record new rules we will doubtless hear argu- the power three case over access networks s have have a ci unique
l que
votes tonight. ments that the Senate should hesitate pow powemovinng toonomm constraints an the
Mr. President, I yield the floor. to overturn a formal ruling by the cess.
exercise the
Mr. BIDEN. Mr. President, I move FCC and should let the process of ju- undue Removing
realistically be consithatdered power o power cannot
nnot
considered d c re
the amendment. dicial review of that ruling take its aov real in any meaningful sense at this
The PRESIDING OFFICER. If normal course without legislative in-
develop-
there is no more debate, the question terference. Moreover, those arguments time. tents There the may growth be future alternative
evelop-
is
is on agreeing to the amendment. will be made by some of the very same markets for television programs that
The amendment (No. 2443) was people who now suggest that letting
agreed to. the formal FCC rule go forward will will significantly dilute this unique
r. HATFIELD. Mr. President, I better preserve the status quo and network power; but that time has not
move to reconsider the vote by which leave the Senate free to block unwise yet arrived.
the amendment was agreed to. FCC action. It should be remembered, too, that
Mr. BIDEN. I move to lay that Nor is this a case where the Senate the networks enjoy their special power
motion on the table. would be acting without the benefit of by virtue of their operation on Gov-
The motion to lay on the table was the relevant agency expertise and ernment controlled and granted broad-
agreed to. record in this matter. There is a volu- cast frequencies.
NETWORK FINANCIAL INTEREST RULES minous hearing record as well as Absent the present rules, I believe
Mr. KENNEDY. Mr. President, the equally extensive comments by both there is a substantial risk that the net-
Appropriations Committee has added sides on the proposed rules. The FCC works could extract unfair concessions
a provision to the supplemental bill of- and other agencies have stated their from independent producers-specifi-
fered by the Senator from Alaska, analysis of the issues. tally, that the producers give up more
which deals with the so-called network To be candid, at this point we are of their rights to syndication profits
financial interest rules of the Federal only talking about changes that the from their programs after network
Communications Commission: The Commission might make as a matter showing, than they would voluntarily
Stevens committee amendment places of political compromise in order to choose to sell.
a 6-month moratorium on any FCC re- temper congressional reaction. Of Similarly, there is a substantial risk
vision of those rules. course, if the FCC has second that the networks could hinder the
I strongly support the Stevens provi- thoughts about its proposed rule and access of independent television sta-
sion in the committee bill and urge my wants to revise it, that can be commu- tions to the syndication programing
colleagues to defeat efforts to repeal nicated to the Senate without a formal that has enabled them to thrive over
or to dilute it. All this provision does is final promulgation, for us to consider the past decade. The new FCC-pro-
to preserve the status quo, so that the when we review the advisability of any posed syndication safeguard does not
Senate can review the important ques- change in the rules. avert that danger.
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