CONGRESSIONAL RECORD-SENATE S 916

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP95B00895R000200080035-8
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• Document Creation Date: December 22, 2016
• Document Release Date: November 26, 2008
• Sequence Number: 35
• Publication Date: February 2, 1983
• Content Type: OPEN SOURCE

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S 916 CONGRESSIONAL RECORD ? SENATE February 2,1983
which the project involved is, or is to be, lo-
cated
(3) such grants shall be made on a compet-
itive basis, taking into consideration?
(A) the extent of need for emergency
housing in the area where the project in-
volved is, or is to be, located;
(B) in the case of any nonprofit organiza-
tion, the extent of the need for funding by
such organization;
(C) the extent of non-Federal assistance
to be provided with respect to the project
involved, including in-kind contributions by
volunteers:
(D) in the case of any nonprofit organiza-
tion, the demonstrated capacity of such or-
ganization to establish and maintain the
project involved; and
(E) any other terms and conditions pre-
scribed by the Secretary to carry out the
project involved in an effective, expeditious,
and efficient manner;
(4) such grants may be used for the pur-
pose of rehabilitating existing structures in
order to provide basic shelter, maintaining
structures providing such shelter, and
paying for utilities of such structures, and
for other purposes (other than salaries and
administrative expenses) prescribed by the
Secretary consistent with the purpose of
this Act; and
(5) in the case of any structure that is re-
habilitated with assistance under this Act,
such structure shall be used for emergency
housing for at least three years, or at least
ten years in any case in which the rehabili-
tation involved is substantial.
REGULATIONS
SEC. 3. The Secretary shall issue regula-
tions with respect to the demonstration pro-
gram established in section 2 not later than
ninety days after the date of the enactment
of this Act.
REPORT TO CONGRESS
SEC. 4. The Secretary shall submit to the
Congress (1) not later than April 1, 1983, an
interim report concerning the demonstra-
tion program established In section 2; and
(2) not later than December 1, 1983, a final
report concerning such program.
FUNDING OF DEMONSTRATION PROGRAM
SEC. 5. Of the additional authority ap-
proved in appropriation Acts and made
available during fiscal year 1983 pursuant to
section 5(c) of the Housing Act of 1937, the
Secretary shall utilize $50,000,000 to carry
out the provisions of this Act.o
r. PELL (for himself and
ECONCINI):
bill to strengthen bail re-
quirements for individuals charged
with drug offenses and to coordinate
the national and international drug
enforcement efforts of the Federal
Government, in order to reduce drug
trafficking and drug-related crime; to
the Committee on the Judiciary.
SAIL REQUIREMENTS FOR INDIVIDUALS CHARGED
WITH DRUG OFFENSES
Mr. FELL. Mr. President, I introduce
for appropriate referral a bill on
behalf of the Senator from Arizona
(Mr. DECoticttri) and myself.
The PRESIDING OFFICER. The
bill will be received and appropriately
referred.
Mr. FELL. Mr. President, today Sen-
ator DECoacian and I are introducing
the National and International Drug
Operations and Policy Act of 1983. I
have been pleased to work closely with
Senator DECoriCiNi in developing the
ideas for this legislation, which was in-
cluded as an amendment to the Vio-
lent Crime and Drug Enforcement Im-
provement Act. That bill was vetoed
by President Reagan, despite its over-
whelming passage in both the Senate
and House during the 97th Congress.
Because Senator IDECortcrtu and I
believe that a Cabinet-level "drug
czar" is vital to an effective national
attack on drug abuse and trafficking,
we are reintroducing this legislation at
the beginning of the 98th Congress.
To the "drug czar" bill we have two
other long overdue reforms of the
criminal justice system which have
been championed by Senator DECoN-
CINI in past Congresses.
I know every Member of the Senate
is deeply concerned about the mount-
ing crime epidemic confronting our so-
ciety today. In the course of 1 year, 1
out of every 3 households in the
United States is touched in some form
by this crime epidemic.
Much of the mounting crime rate
can be directly traced to the recent un-
precedented increase in illegal drug
trafficking throughout the United
States. We are literally being engulfed
by a flood of illegal drugs that are en-
tering the country by sea, by air, and
at our borders. And we see the byprod-
ucts of this problem daily in our own
communities: In the stores and homes
burglarized by addicts supporting
their drug habit, and the Innocent citi-
zens who are victimized by muggings,
assaults, and other violent drug relat-
ed crimes.
Law enforcement officials estimate
that between 40 and 60 percent of all
serious crimes that occurred in the
United States in 1981 were drug-relat-
ed.
Drug trafficking has become an $80
billion a year untaxed big business in
the United States, producing an
alarming increase in drug overdose
deaths and addiction rates. We have
an estimated 492,000 heroin addicts in
this country, 90 percent of whom are
believed to support their habit
through criminal activity. Moreover,
the Drug Enforcement Administration
estimates that there are 15 million co-
caine users in the United States con-
suming approximately 60 metric tons
of the drug each year.
? This is a problem that?by its very
nature?local law enforcement is virtu-
ally powerless to control. Nearly all
the dangerous drugs consumed in the
United States are smuggled into the
country from other nations, notably
from South America and the Caribbe-
an area, as well as the "Golden Cres-
cent" of Southwest Asia and the
"Golden Triangle" of Southeast Asia.
Earlier this week a United Nations
Agency, ? the International Narcotics
Control Board in Vienna, reported
that the production of illegal drugs is
growing throughout most of the
world, overwhelming the resources
presently devoted to containing the
problem.
Despite the best efforts of a number
of agencies?and successful initiatives
such as the Florida task force?we are
losing the battle against drug traffick-
ers. Efforts to curb drug trafficking in
some areas have simply forced well-fi-
nanced smugglers to find more ingen-
ious methods and new routes. The best
estimates are that we are stopping no
more than 10 to 15 percent of all the
dangerous drugs being smuggled into
the United States, despite the fact
that the money spent by the Federal
Government to intercept drugs tripled
from 1977 to 1981.
Perhaps our most important failure
has been the lack of a consistent and
well-coordinated national strategy. No
high-level official presently has the
authority to set overall policy and to
coordinate the many departments and
agencies?spread throughout the Gov-
ernment?with responsibilities in this
area. Moreover, no official has the
lead responsibility for overseas drug
enforcement and spearheading greater
international efforts to reduce drug
trafficking.
Besides the Justice Department,
which includes the FBI and the Drug
Enforcement Administration, the
other principal departments involved
in drug enforcement are the State De-
partment, the Transportation Depart-
ment, which includes the Coast
Guard, the Treasury Department,
which includes the IRS, the Customs
Service and the Bureau of Alcohol, To-
bacco, and Firearms, and the CIA.
The bill Senator DaCoitaitt and I
are introducing would provide the
policy direction and coordination be-
tween agencies that has been sorely
lacking. It would establish within the
executive branch a Cabinet-level posi-
tion of the Director of National and
International Drug Operations and
Policy. The Director would report di-
rectly to the President and be respon-
sible for the development, review, im-
plementation, and enforcement of all
U.S. Government policy with respect
to illegal drugs. Be or she would have
the authority to bring the various
agencies together, pooling their staffs
and resources where appropriate, to
act with a single voice and authority
against drug traffickers.
I would emphasize that this position
does not entail additional bureaucracy,
something we all want to avoid. There
is nothing in our bill to prevent the
President from designating someone
already at the Cabinet level to fill this
new position.
Our bill will provide the leadership
we must have to win the war against
drug-related crime. We cannot rely on
short-term success as we have had re-
cently in Florida. We need a consistent
attack on this problem at the highest
levels of our Government, starting
with a clearcut strategy for combating
drug trafficking to all regions of the
country. A Cabinet-level Director of
National Drug Operations and Policy
will provide the high-level, responsible
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CONGRESSIONAL RECORD ? SENATE S 917
and effective leadership that is pres-
ently lacking in the war on crime and
drugs. I urge my colleagues to join
Senator DECoNcrrn and me in support-
ing the establishment of this badly
needed position.
Section 1 of this bill is a provision
developed last year by Senator DECort-
cum It requires that bail bonds for
drug dealers and traffickers be set, at
a minimum, at the street value of the
drugs seized at the time of the arrest.
This change in our criminal laws is
necessary to strengthen the hand of
prosecutors against drug traffickers
who are readily able to meet current
bail bond requirements and flaunt the
Judicial system. The final section of
the bill is Senator DaCoNcnit's Feder-
al Diversion Act, establishing a Feder-
al pretrial diversion program for non-
violent first-time offenders.
I ask unanimous consent that the
full text of the bill be printed in the
RECORD following the remarks of Sena-
tor DECoactat.
The PRESIDING OFFICER. With-
out objection. it is so ordered.
(See exhibit 1.)
Mr. DECONCLNI. Mr. President, I
am pleased to join my colleague, Mr.
PELL, in reintroducing a bill that was
overwhelmingly and repeatedly ap-
proved by this body last year. The bill
would create an Office of National and
International Drug Operations and
Policy. The Director of this Office
would have the responsibility for de-
veloping and coordinating the drug en-
forcement activities of all Federal
agencies.
It is absolutely necessary that the
United States have a coordinated and
consistent direction to its drug en-
forcement efforts. It is clear that we
do not have this unified approach at
present and I do not believe that we
can until one individual is given the re-
sponsibility to develop strategy and
then monitor its implementation with
authority to demand compliance to it.
Establishment of a single responsible
high-level official in the Government
to provide leadership is the most con-
structive step we can take to reduce
the rampant criminal activity which
results from the trafficking of drugs.
The origin of this concept was the
1979 GAO report to Congress, "Gains
Made in Controlling Illegal Drugs, Yet
the Drug Trade Flourishes." In that
report, the GAO found that organiza-
tion difficulties between Federal agen-
cies diluted our law enforcement ef-
forts and that inconsistent and some-
times conflicting drug policies resulted
in no clear overall direction to our
drug enforcement activities. The 1979
report stated:
If any improvement is to be made in co-
ordinating Federal drug control efforts,
someone is needed who has a clear delega-
tion of authority from the President to
monitor activities and demand corrective ac-
tivities.
A soon-to-be-released GAO report in-
dicates that little progress has been
made since the 1979 report. Only 16
percent of the marihuana and less
than 10 percent of the heroin, cocaine,
and dangerous drugs that are entering
this country are seized through total
drug enforcement efforts. The draft
GAO report indicates that the Federal
Government's fragmented system of
drug enforcement and interagency
competition has limited the effective-
ness of drug interdiction efforts. The
1983 GAO report reaffirms its above-
quoted recommendation of 1979 and
further recommends that "the Presi-
dent make a clear delegation of re-
sponsibility to one group to monitor
and evaluate activities (in drug law en-
forcement) and demand corrective ac-
tions."
The bill we are introducing today
would simply codify the GAO recom-
mendation and grant this responsibili-
ty to a new and =alined executive
branch official.
The bill also includes the provisions
of two bills that I introduced in the
97th Congress. One provision, which is
also aimed at fighting drug trafficking,
would require that bail bonds for drug
dealers and traffickers be set, at a
minimum, at the street value of the
drug seized at the time of arrest. The
street value of the drug would be de-
termined at the detention hearing at
which bail would be set.
The drug dealer and trafficker is the
linchpin in these smuggling oper-
ations. However, once apprehended
the dealer or trafficker can often draw
on larger financial resources to meet
the bail bond imposed with very little
effect on those resources. Once on the
street, the dealer disappears or
promptly returns to his former busi-
ness. With this proposed legislation.
we hope to end the outrageous flaunt-
ing of our bail bond system. We are
proposing a realistic approach to
insure that the purposes of the bail
bonding system, assurance of appear-
ance and protection of the community,
are truly met.
The only constitutional right con-
ferred by the bail provision of the
eighth amendment is that bail not be
excessive. Bail is not excessive when
the amount set is reasonable under
the circumstances to guarantee the ap-
pearance of the accused at trial. With
large resources at his command, the
dealer and trafficker can easily meet
large bonds, even those in excess of $1
million.
Mr. President, the struggle against
drug smuggling has been long and ex-
pensive, and it will continue to be long
and expensive until we begin to con-
trol aspects of this insidious traffic
with practical and direct devices like
those embodied in this proposed legis-
lation.
Mr. President, in addition to the two
provisions I have already discussed, as
has been pointed out by the distin-
guished Senator from Rhode Island,
this bill includes the Federal Diversion
Act of 1983. This legislation was
passed by the Senate on two occasions
and permits the prosecutor's office to
have some procedure set up to divert
certain offenders who are nonviolent
offenders who have no record of past
criminal participation. The concept is
known as the "diversion project" in
many States, including the State of
Arizona, where it has been used most
successfully. It has operated success-
fully in Michigan and several other
States.
I hope the Judiciary Committee will
give prompt attention to this entire
package which has been introduced by
the Senator from Rhode Island. It is
long overdue.
We were 'most dismayed that the
President vetoed the crime package
that Congress passed in the waning
days of the 97th Congress. it was the
only major legislation dealing with
crime and the prevention of crime
that came out of the 97th Congress,
and the President elected to veto it.
We are now seeking and searching
for leadership. I hope the administra-
tion will look at this piece of legisla-
tion carefully and will reassess its ob-
jections to the Office of National and
International Drug Operations and
Policy. I think that if they will take
the time to read the 1979 GAO report
to Congress, entitled "Gains Made in
Controlling Illegal Drugs, Yet, the
Drug Traffic Flourishes," they will
learn a lot about the coordination
problems and will decide to support
this legislation. The Senator from
Rhode Island and 132 other Members
of the Senate voted for this provision
last September, and it also was passed
by the House of Representatives.
There being no objection. the bill
was ordered to be printed in the
RECORD, as follows:
8. 406
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That sub-
section (b) of section 3146 of title 18, United
States Code, is amended by adding at the
end thereof the following: "Notwithstand-
ing subsection (a), in a case that involves an
offense for which a maximum term of im-
prisonment of ten years or more is pre-
scribed in the Controlled Substances Act (21
U.S.C. 801 et seq.), the Controlled Sub-
stances Import and Export Act (21 U.S.C.
951 et seq.), or section 1 of Public Law 96-
350 (21 U.S.C. 955a), the judicial officer
shall require the execution of a bail bond in
an amount equal to or above the street
value of the drugs seized incident to the
arrest. The street value of the drugs shall be
determined at a detention hearing by the
judicial officer and subject to verification by
expert testimony.".
Sec. 2. Sections 2 through 8 of this Act
may be cited as the "National and Interna-
tional Drug Operations and Policy Act of
1983".
Sec. 3. (a) The Congress hereby makes the
following findings:
(1) The flow of illegal narcotics into the
United States is a major and growing prob-
lem.
(2) The problem of illegal drug activity
falls across the entire spectrum of Federal
activities both nationally and international-
ly.
(3) Illegal drug trafficking is estimated by
the General Accounting Office to be an
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S 918 CONGRESSIONAL RECORD ? SENATE
680,000,000.000 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 sixty
metric tons. Moreover, there are estimated
to be about four hundred and ninety-two
thousand known heroin addicts in the
United States and about fifteen million co-
caine users.
(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 10 to 15 per centum of all hard
drugs flowing into the country.
(6) Such significant indicators of the drug
problem as drug-related deaths, emergency
room visits, and 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 activity as a means of income. It is esti-
mated that between 40 and 80 per centum
of all serious crimes that occurred in the
United States in 1981 were drug related.
(8) Much of the drug trafficking is han-
dled by organized crime networks and syndi-
cates which results in increased violence and
criminal activity because 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 Cabinet-level Director of Na-
tional and International Drug Operations
and Policy with the responsibility for the
coordination and direction of all Federal ef-
forts by the numerous agencies.
(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 this Act 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 Cabinet-level official of the United
States Government, who is appointed by
the President, by and with the advice and
consent of the Senate, and who is account-
able to the Congress and the American
People, will be charged with the responsibil-
ity of coordinating the overall direction of
United States policy, resources, and oper-
ations with respect to the illegal drug prob-
lem.
Sec. 4. There is established in the execu-
tive branch of the Government a Cabinet-
level office to be known as the "Office of
the Director of National and International
Drug Operations and Policy" (hereinafter in
this Act referred to as the "Office of the Di-
rector"). There shall be at the head of the
Office of the Director a Director of National
and International Drug Operations and
Policy (hereinafter in this Act referred to as
the "Director"). There shall be a Deputy Di-
rector of National and International Drug
Operations and Policy (hereinafter in this
Act referred to as the "Deputy Director") to
assist the Director in carrying out the Direc-
tor's functions under this Act.
Sec. S. (a)(1) The Director and the Deputy
Director shall be appointed by the Presi-
dent, 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 Di-
rector 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 con-
sent of the Senate. The Director shall be en-
titled to the compensation provided for in
section 5311, title 5, United States Code.
The Deputy Director shall be entitled to the
compensation provided for in section 5313,
title 5, United States Code.
(2) Nothing in this Act or any other provi-
sion of law shall prohibit the appointment
as Director or Deputy Director of any
person whom the President has previously
appointed, by and with the advice and con-
sent of the Senate, to another Cabinet-level
office. Any such person shall serve as Direc-
tor or Deputy Director without compensa-
tion.
(b) The Director shall serve as the princi-
pal director and coordinator of United
States operations and policy on illegal
drugs.
(c) The Director shall have the
responsibility, and is authorized to?
(1) develop, review, implement, and en-
force United States Government policy with
respect to illegal drugs;
(2) direct and coordinate all United States
Government efforts to halt the flow into,
and sale and use of illegal drugs within the
United States;
(3) develop in concept with governmental
entities budgetary priorities and budgetary
allocations of entities of the United States
Government with respect to illegal drugs;
and
(4) coordinate the collection and dissemi-
nation of information necessary to imple-
ment United States policy with respect to il-
legal drugs.
(d) In carrying out his responsibilities
under subsection (c) the Director is author-
ized to?
(1) direct, with the concurrence of the
head of the agency employing such person-
nel, the temporary reassignment of govern-
ment. personnel within the United States
Government in order to implement United
States policy with respect to illegal drugs;
(2) procure temporary and intermittent
services under section 3109(b) of title 5 of
the United States Code, but at rates for in-
dividuals not to exceed the daily equivalent
of the maximum annual rate of basic Pay
payable for the grade of GS-18 of the Gen-
eral Schedule;
(3) accept and use donations of property
from all government agencies; and
(4) use the mails in the same manner as
any other department or agency of the ex-
ecutive branch.
(e) Notwithstanding any other provision
of law, rule, or regulation to the contrary,
the Director shall have the authority to
direct each department or agency with re-
sponsibility for drug control to carry out the
Policies established by the Director consist-
ent with the general authority of each
agency or department.
(f) The Administrator of the General
Services Administration shall provide to the
Director on a reimbursable basis such ad-
ministrative support services as the Director
may request.
SEC. 6. The Director shall submit to the
Congress, within nine months after enact-
ment of this Act, and annually thereafter, a
full and complete report reflecting United
States policy with respect to illegal drugs,
plans proposed for the implementation of
such policy, and, commencing with the sub-
February 2, 1.983
mission of the second report, a full and com-
plete report reflecting accomplishments
with respect to the United States policy and
plans theretofore submitted to the Con-
gress.
SEC. 7. For the purpose of carrying out
this Act, there are authorized to be appro-
priated $500,000 for fiscal year 1984, and
such sums as may be necessary for each of
the four succeeding fiscal years, to be avail-
able until expended.
SEC. 8. This title may be cited as the "Fed-
eral Diversion Act of 1983."
SEC. 102. The Congress finds and declares
that:
(1) in the interest of operating the Federal
criminal justice system efficiently, protect-
ing society, and deterring individuals
charged with violating criminal laws from
future criminal acts can be served by creat-
ing alternatives to prosecution; and
(2) such alternatives can be accomplished
in appropriate cases without losing the gen-
eral deterrent effect of the criminal justice
system.
SEC. 103. (a) Title 18 of the United States
Code is amended by adding immediately
after chapter 209 the following new chapter.
"CHAPTER 210?DIVERSION
"Sec.
"3201. Definitions.
"3202. Admission to diversion program.
"3203. Voluntariness of waiver of rights.
"3204. Inadmissibility of diversion informa
tion.
"3205. Constitution and dismissal of
charges.
"3206. Termination; review; completion;
withdrawal.
"3207. District panel.
"3208. Authority of the Attorney General.
'13201. Definitions
"As used in this chapter, the term?
"(1) 'eligible individual' means any person
against whom a prosecutable case exists for
an offense against the United States
where?
"(A) the alleged offense did not involve
the threat or infliction of serious bodily
injury to other persons;
"(B) it is reasonably foreseeable that the
person will not commit violent acts if ad-
mitted to a diversion program;
"(C) the person has not exhibited a con-
tinuing pattern of criminal behavior;
"(D) the person meets the criteria estab-
lished by regulations issued by the Attorney
General and guidelines established by the
attorney for the Government in the district
where the indictment, information, or com-
plaint is filed; and
"(E) the person is admitted to participa-
tion in a diversion program by the attorney
for the Government in the district in which
the indictment, information, or complaint is
filed;
"(2) 'diversion program' may include, but
is not limited to. medical, educational, voca-
tional, social, and psychological services;
corrective and preventative guidance, train-
ing. and counseling; provision for residence
In a halfway house or other suitable place;
other services designed to protect the public
and benefit the individual; restitution to vic-
tims of the offense or offenses charged; and
uncompensated service to the community;
"(3) 'diversion plan' means a written
agreement, signed by the eligible individual,
defense counsel, diversion administrator,
and the attorney for the Government, that
states those elements of a diversion program
in which the eligible individual will partici-
pate to assure that he will lead a lawful life,
and states the length of time required to
complete the plan; but in no event shall a
diversion plan exceed twelve months except
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CONGRESSIONAL RECORD ? SENATE S 919
J allow the person admitted sufficient time
to make restitution; and
"(4) 'diversion administrator' means a
person designated by the Attorney General,
after consultation with the district planning
group, as administrator of the diversion pro-
gram; except that in those districts in which
a chief pretrial services officer has been ap-
pointed by a panel consisting of the chief
Judge of the circuit, the chief judge of the
district, and a magistrate of the district (or
their respective designees), the chief pre-
trial services officer shall also serve as the
diversion administrator.
'13202. Admission to diversion program
"(a) The diversion administrator or his as-
sistants shall, to the extent possible, upon
arrest or the issuance of a summons or as
soon thereafter as possible, review the alle-
gations against each person charged with a
criminal offense against the United States
and interview each person who he believes
may be eligible for diversion. The diversion
administrator shall then make a report to
the attorney for the Government on the elf,
gibility of each person charged. A person
who has not had the anegations against him
reviewed may request to be considered for
admission by application to the diversion
administrator. The attorney for the Govern-
ment may require further investigation by
the diversion administrator of a. person
being considered for admission with the
consent of that person. If the attorney for
the Government determtnes that a person is
suitable, the diversion administrator shaD
prepare a diversion plan. Upon agreement
of the attorney for the Government, diver-
sion administrator, eligible person, and de-
fense counsel about the elements of the
plan, the attorney for the Government shall
assign supervision of the plan to the diver-
sion administrator. A determination of eligi-
bility or suitability by the attorney for the
Government shall not be subject to review
except as otherwise provided bg law.
"(b) The diversion administrator shall
report to the attorney for the Government
on the progress of the person in carrying
out his plan in a manner and at times the
attorney for the Government and diversion
administrator deem appropriate and shall at
the same time provide a copy of each such
report to the person and defense counsel.
'1 3203. Voluntariness of waiver of rights
"No person shall be admitted to a diver-
sion program unless he has voluntarily
agreed to participate and has received a
copy of his diversion plan, and has vohmtar-
ny waived, in the presense of a judge or
magistrate and with the advice of counsel
(except in a case where counse) has been
voluntarily waived), all applicable statutes
of limitations and his right to a speedy trial
for the period of diversion.
'13204. Inadmissibility of diversion information
"Whenever a person is admitted is a di-
version program and his diversion plan is
later terminated or the person withdraws
and prosecution is resumed, any statement
made or other information given by the
person in connection with the determina-
tion of his eligibility or suitability for the
program, any statement made by the person
while participating in an activity of the pro-
gram, and any statement, report or other in-
formation concerning his participation in
the program shall not be admissible against
the person on the issue of his guilt of the
offense that was the basis for diversion in
any judicial proceeding in which he is ac-
cused of the offense. This section shall not
be construed to limit the admissibility of
any information for purposes of impeach-
ment.
'13205. Continuation and dismissal of charges
"In each case involving a. person who is
admitted to a diversion program under this
chapter, the criminal charges against the
person shall be continued without final dis-
position for the period agreed upon in the
diversion plan, unless the admission is ter-
minated, completed earlier, or the person
withdraws pursuant to section 3208 of this
chapter. Upon the expiration of the diver-
sion period, the attorney for the GoVerm-
ment shall file a dismissal with prejudice as
provided in section 3208(C). Nothing in this.
paragraph shall be construed to limit fur-
ther investigation of the offense charged or
presentation of evidence to a grand jun,
during the diversion period.
'13206. Termination; review; completion; with-
drawal
-(a) If the attorney for the Government
finds the person is not fulfilling his obliga-
tions ander the gdart or has dbcoeered facts
previously unknoem to him demonstrating
that the person is not suitable for diversion.
the attorney for the Government may
resume prosecution. The attorney for the
Government shall make a written sts.tensent
of the factual basis for his determination to,
resume prosecution and transmit copies to
the person and to defense counsel. The
person and defense counsel shall thereafter
be notified of their opportunity to appear
before the attorney for the Government
and the diversion administrator to contest
the determination within a reasonable time
as established by the Attorney General.
"(b) If the person fails to contest the de-
termination of the attorney for the Govern-
ment within the time specified, no farther
review of the determination shall be grant-
ed. If, on the appearance of the person and
defense counsel before the attorney for the
Government and the diversion adtairdstra-
tor. the attorney for the Government deter-
mines that prosecution shall be resumed.
the person may petition the court for
review. If the court finds that no fact exists
upon which the attorney for the Govern-
ment could base a determination to resume
prosecution, the court shall order that the
meson be allowed to fulfill his obligations
under the plan or &all dismen the charges
if the court finds that ail such obligations
have been fulfilled. In a proceeding under
the provisions of this subsection,,, evidence
shall be admissible regardless of its admissi-
bility in a trial on the offense.
"(c) If the diversion administrator certi-
fies to the attorney for the Government at
any time during the period of diversion that
the person has fulfilled his obikattletss and
successfully completed the plan, said if the
attorney for the Government concurs, the
attorney for the Government shall file, by
leave of court, a dismissal with prejudice of
the indictment, Information, or complaint
against the person.
"(d) A person participating in a diversion
plan may withdraw at any time, and the at-
torney for the Government may resume
prosecution.
"(e) Whenever a diversion plan is termi-
nated or the person withdraws before com-
pletion of the plan and the prosecution is
resumed resulting in a. conviction, the court
shall consider the length and nature of the
defendent's participation in the plan and
may credit such participation as time served
toward any sentence of probation or incar-
ceration.
"03207. District panel
"(al The panel established by section 9
(b) of this title, together with the 'Overdo
administrator and such other individuate as
the panel may appoint, shall constitute a di-
version advisory committee. The panel may
appoint individuals representing agencies to
which persons are referred under a diver-
sion program pursuant to this chapter. The
group shall plan the implementation of the
diversion program for the district and
review on a regular basis the administration
and progress of such program. The group
shall report to the Attorney General at
times and in a manner as the Attorney Gen-
eral shall prescribe.
"(b) Members of the group shall not be
compensated, but may be reimbursed pursu-
ant to section 3208 for reasonable expenses
incurred by them in carrying out their
duties as members of the committee.
"53208. Authority of the Attorney General
"(a), In carrying out the provisions of this
chapter, the Attorney General shall?
"(1) reimburse agencies of the judicial
branch of the Government for the cost of
services of United States probation officers,
pretrial service officers, and employees
ether than Judges. magistrates, or !Federal
public defenders, necessary to carry out the
purposes of this chapter;
"(2) employ and fix the compensation of
such persons as he determines necessary to
carry out the purposes of this chapter, with-
out regard to the provisions of title 5,
Milted States Code, relating to appoint-
ments in the competitive services and the
provisions of chapter 51 and subchapter III
of chapter 53 of such title relating to Classi-
fication and General Schedule pay rates;
"(3T acquire such facilities, services, and
materials as he determines necessary to
carry out the purposes of this chapter; and
"(4) enter into contracts and either agree-
ments without regard to adveetisiag require-
ments for the acquisition of such personnel,
facilities, services, and materials which he
determines necessary to carry out the pur-
poses of this chapter.
"(b) In addition to the responsibilities de-
scribed in subsection (a), the Attorney Gen-
eral shall?
"(1) issue, within one hundred and eighty
days after the effective date of this section,
regulations for use by the United States at-
torneys governing recommendations of per-
sons to diversion programs;
"(2) conduct research and prepare concise
annual reports for the President, the Con-
gress, and the Judicial Conference showing
the progress of all Aversion programs in ful-
filling the purposes set forth in this chap-
ter;
"(3) provide for the audit of any funds ex-
pended under the provisions of this chapter
other than funds expended to provide for
defense counsel;
"(4) be authorized to accept voluntary and
uncompensated services; and
"(5) promote the cooperation of the De-
partment of Justice, local diversion pro-
grams, and all agencies which provide edu-
cation, training, counseling, legal, employ-
ment, or other social services under any Act
of Congress to assure that eligible individ-
uals admitted to diversion programs can
benefit to the extent possible."
(b) The table of chapters for title 18,
United States Code, and for part II of title
18, United States Code, are each amended
by inserting immediately after the item re-
lating to chapter 209 the following:
"210. Diversion 3201.".
Sac. 9. This Act shall be effective October 1,
1983.
By Mr. NUNN (for himself and
Cnu.ss):
to improve the enforce-
export administration laws,
and for other purposes; to the Corn.
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S 920 CONGRESSIONAL RECORD ? SENATE
on Banking, Housing, and
airs.
bill to control the distribu-
itive technical research re-
ports, to protect technical data from
theft under certain circumstances, and
r purposes; to the Committee
ciary.
ill to limit the Freedom of
Act to U.S. citizens and
certam ? ers; to the Committee on
the Judiciary.
LEGISLATION TO HALT THE FLOW OF U.S.
TECHNOLOGY ABROAD
Mr. NUNN. Mr. President, on behalf
of myself and Senator CHILES, I am
today introducing three bills designed
to halt the flow of American high
technology and defense secrets to the
Soviet Union and other Communist
bloc countries. The bills that I now
propose in an attempt to blunt the So-
viet's drive to acquire U.S. technology
are entitled, "The Export Administra-
tion Enforcement Act of 1983," "The
Technology Security Enforcement Act
of 1983," and "The Citizens Informa-
tion Act of 1983."
This legislative package is the out-
growth of extensive hearings held by
the Senate Permanent Subcommittee
on Investigations resulting from an 18-
month investigation by the minority
staff of the subcommittee under my
direction as ranking minority member.
In 5 days of hearings in May 1982,
some 26 witnesses testified and 38 ex-
hibits were received, resulting in a
hearing record of more than 600
pages.
The central point of the staff inves-
tigation and subcommittee hearings
was that the Soviet Union and its sat-
ellite states were unable to develop
and manufacture sufficient quantities
of high-technology equipment to sup-
port their military and industrial
needs. As a consequence of this defi-
ciency, we learned that the Soviets
rely extensively on high technology
from the United States and its major
trading partners.
Information developed in the inves-
tigation indicated that the Soviets
have made the acquisition of U.S.
technology, both classified and unclas-
sified, an important priority. Their
effort to obtain American microelec-
tronic, laser, radar, and precision man-
ufacturing technologies is massive,
well planned and well managed. The
Soviets technology acquisition pro-
gram has a high priority within the
Kremlin and has been approved by
senior Communist Party and govern-
ment officials.
The testimony and evidence at the
subcommittee hearings indicated that
the Soviets are increasingly adept at
obtaining American technical know-
how, while all too often the U.S. re-
sponse has been inadequate to the
challenge. I must say, Mr. President,
that this inadequate response has
been bipartisan in nature. We are talk-
ing about a problem not just of this
current administration but of prior ad-
ministrations.
One of the first improvements the
Government must make is to strength-
en its intelligence capabilities. The
way high-technology export controls
are administered now, too many items
are controlled, and because the Gov-
ernment tries to control too many
commodities, it fails to keep- track of
those products the Soviets desire most.
These bills I propose today should be
the first step toward a greater aware-
ness of the problem of coordinating
our intelligence to respond to the spe-
cific thrusts of the Soviets acquisition
scheme.
Through this legislation we call
upon the President to respond to the
current threat of Soviet technology ac-
quisition by improving the way high-
technology controls are currently ad-
ministered. Frequently, the assertion
was made at the hearings that the
United States may be trying to control
too many commodities. Because it tries
to do too much, the Government actu-
ally ends up controlling fewer goods.
An improved system of export regula-
tions would focus on only those high-
technology items the Soviets want and
must have. Mr. President, that is what
this legislation calls for. Through such
a system, the number of controlled
Items would be reduced as the protec-
tion increases since the law enforce-
ment response would not be spread as
thin. At the same time, foreign com-
merce would improve with the elimi-
nation of the needless redtape and reg-
ulations.
Witnesses from the defense and in-
telligence communities testified that
the Soviets view American technology
as their own resources, to be utilized
whenever needed. By relying on
American technical development, the
Soviets save time, resources, and tre-
mendous amounts of research and de-
velopment costs. If they used our tech-
nology to enhance the lives of their
people, the problem would not be so
serious. But what we have learned is
that the Soviets devote very little of
our technology to consumer products.
Instead, they make military applica-
tions of it in virtually every instance.
Little of it benefits the Soviet consum-
er or private citizen. This total empha-
sis upon their war-making capabilities
forces us to upgrade our own military
capability. Like a "Catch-22," we
thereby end up competing with our
own technology.
Mr. President, this vicious and costly
circle must be broken. The three bills I
now introduce can play a significant
role in breaking such a vicious circle.
The thrust of the first bill I propose
today, the Export Administration En-
forcement Act of 1983, is to correct
some of the problems now facing the
U.S. law enforcement community in its
attempt to check the illegal flow of
high technology. It amends the
Export Administration Act of 1979 in
certain specific areas that our investi-
gation showed were critical for im-
provement of our law enforcement re-
sponse.
February 2, .1.
Specifically, the bill makes unlawful
the possession, or attempted posses-
sion, of restricted technological goods
with an intent to export those goods.
Hearing evidence established the
many difficulties law enforcement au-
thorities encounter in the prosecution
and investigation of export offenses.
One of the main problems lies in the
absence of any criminal offense until a
suspect actually "exports" the tech-
nology in question. This part of the
legislation would finally give the
criminal law enforcement community
a realistic tool to fight the criminal ex-
porter who utilizes all of the advan-
tages of our highly mobile 20th cen-
tury to evade detection and apprehen-
sion.
Second, this bill would transfer the
criminal enforcement component of
the Export Administration Act from
the Departmnent of Commerce to the
Customs Service. The Department of
Commerce presently maintains pri-
mary law enforcement responsibility,
with secondary jurisdiction resting in
the Customs Service. However, evi-
dence developed at the hearings, and
through the detailed minority staff in-
vestigation, revealed a lack of tradi-
tional law enforcement capabilities at
the Department of Commerce. These
include shortages in manpower, equip-
ment, fundamental law enforcement
training, and experience.
It was the finding of the minority
staff of the Permanent Subcommittee
on Investigations that the national se-
curity implications of enforcement of
the Export Administration Act are too
important to be entrusted any longer
to the Commerce Department as pres-
ently organized. For three decades this
important enforcement function has
resided with the Commerce Depart-
ment. Three decades is sufficient time
to allow reasonably capable officials to
perfect the most challenging task. But
In this case, after three decades, seri-
ous procedural and operational prob-
lems still exist in the Commerce De-
partment.
Mr. President, the evidence strongly
suggests that the Commerce Depart-
ment to date has been unable to en-
force the Export Administration Act
in the face of mounting Soviet efforts
to secure sensitive American technol-
ogy. This bill would place the enforce-
ment of this most serious defense of
our Nation's security in the Customs
Service which has established a note-
worthy track record in their enforce-
ment of the similar Arms Export Con-
trol Act and other criminal statutes.
Additionally, this bill broadens the
enforcement tools currently available
to the U.S. Customs Service. It gives
our customs officers the express au-
thority for warrantless arrest and
search and seizure in cases of out-
bound cargo and persons where they
have reasonable cause to believe high
technology is about to be smuggled
out of the country. I should emphasize
that this new section is equivalent to
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