S. 2205. A BILL TO ENACT THE OMNIBUS ANTIDRUG ABUSE ACT OF 1988, AND FOR OTHER PURPOSES; TO THE COMMITTEE ON THE JUDICIARY.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00005R001300070005-1
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 44
• Document Creation Date: December 27, 2016
• Document Release Date: August 28, 2012
• Sequence Number: 5
• Publication Date: March 23, 1988
• Content Type: MISC

Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005ROO1300070005-1
March 23, 1988 CONGRESSIONAL RECORD - SENATE
By Mr. BYRD:
S. Res. 400. A resolution to modify section
5 of S. Res. 382, Ninetieth Congress; consid-
ered and agreed to.
STATEMENTS ON INTRODUCED
BILLS AND JOINT RESOLUTIONS
By Mr. DECONCINI (for him-
self, Mr. D'AMATO, Mr. DIXON,
Mr. MOYNIHAN, Mr. GRAHAM,
Mr. DOMENICI, Mr. DOLE, Mr.
WILSON, MS. MIKULSKI, Mr.
KERRY, Mr. SPECTER, Mr. MUR-
KOWSKI, Mr. ROCKEFELLER, Mr.
BENTSEN, Mr. HATFIELD, Mr.
PRESSLER, Mr. HEINZ, Mr.
COCHRAN, Mr.. REID, Mr.
HEFLIN, Mr. WEICKER, Mr.
GRASSLEY, Mr. RUDMAN, Mr.
STEVENS, Mr. INOUYE, Mr.
TRIBLE, Mr. BINGAMAN, Mr.
BREAUX, Mr. SARBANES, Mr.
SANFORD, Mr. STENNIS, Mr.
PELL, Mr. THURMOND, Mr.
NICKLES, Mr. MCCONNELL, Mr.
KARNES, Mr. DURENBERGER, Mr.
HELMS, Mr. HECHT, and Mr.
CRANSTON):
S. 2205. A bill to enact the Omnibus
Antidrug Abuse Act of 1988, and for
other purposes; to the Committee on
the Judiciary.
OMNIBUS ANTIDRUG ABUSE ACT
Mr. DECONCINI. Mr. President, I
rise today to introduce the Omnibus
Antidrug Abuse Act of 1988 and do so
on behalf of myself, the distinguished
Senator from New York, Senator
D'AMATO and over 30 of my other col-
leagues.
Mr. President, the 1986 drug bill was
an example of what this Chamber and
what this Nation can do when it puts
partisan politics aside, rolls up its col-
lective sleeves, and gets serious about
the drug problem in this country.
Today, the bill that Senator D'AMATO
and I are introducing builds on the ac-
complishments of the 1986 drug bill
and goes the next step in mobilizing
all elements of our antidrug effort.
Mr. President, there may be a part
of the drug plague that we did not
attack in this legislation-but there
aren't many. This bill represents a bal-
anced, comprehensive assault on the
drug threat to this Nation. The bill
calls for an additional $2,448,000,000,
over the President's budget request for
fiscal year 1989 to beef up: First, law
enforcement personnel at our civilian
drug enforcement agencies; second,
drug interdiction assets for Coast
Guard and Customs and other agen-
cies with an interdiction mission;
third, Federal prison construction;
fourth, State and local narcotics con-
trol assistance; fifth, international in-
centives to promote drug eradication
and interdiction at the drug source
country level; sixth, treatment and re-
habilitation assistance .for those who
have already fallen victim to the drug
menace; and seventh, drug education
for our school systems around the
Nation.
The bill also opens up the Justice
and Treasury Department forfeiture
funds so that all of the resources re-
sulting from seizure and confiscation
from drug traffickers can be put to use
for State and local law enforcement
agencies and others who are eligible
for such assistance.
The bill includes a tough, new law
that attacks the problem of illicit
chemical diversion with rigid new pen-
alties for those who use chemicals to
manufacture the drugs that are poi-
soning our youth and ruining lives in
this country.
The bill also authorizes funds for ad-
ditional training of our law enforce-
ment personnel and establishes a new
program of research and development
at existing Department of Defense and
other Federal laboratories, to study
new technologies that will help our
drug enforcement agencies keep ahead
of the sophisticated, well-financed
drug smuggler.
And, finally, the bill authorizes the
establishment of a nonlegislative
Senate Select Committee on Narcotics
Abuse and Control that will give us a
full-time oversight committee that will
review the drug abuse issue and pro-
vide advice and counsel to the Senate.
Mr. President, in crafting this legis-
lation, we knew that it would cost
money to really launch a full scale as-
sault on the drug problem on multiple
fronts. We were aware of the economic
budget summit agreement; the
Gramm-Rudman-Hollings deficit tar-
gets; and the need to try to find off-
sets for the programs and initiatives
contained in this legislation.
So, Mr. President, this bill not only
sets out new, aggressive initiatives for
tackling the drug enforcement and
drug abuse problems, it contains a for-
mula for how we intend to pay for
them.. Here is how we would pay for
the bill:
First, in testimony before my Treas-
ury Appropriations Subcommittee just
last Monday, the Commissioner of IRS
testified that if we were to add $286.6
million and approximately 6,800 new
positions over the President's budget,
the Treasury would receive an addi-
tional $1,120,000,000 over and above
the revenue assumptions in the eco-
nomic budget summit agreement. We
would add the additional positions to
IRS for increased tax enforcement
and deposit the additional revenues
generated into . a. special antidrug
abuse trust fund in Treasury. These
funds. would then only be available to
pay for the drug bill.
Second, in response to our inquiry,
the Bureau of Alcohol, Tobacco, and
Firearms indicated that an additional
$3 million and 40 positions put into ag-
gressive enforcement of the special oc-
cupational alcohol tax would generate
an additional $130 million over and
above the President's budget for fiscal
year 1989. We provide the additional
funding and positions in this bill, with
the additional revenues going into the
new special fund I just mentioned.
S 2857
Finally, for many years I have been
introducing legislation that would
force our Federal agencies to be more
aggressive in the collection of delin-
quent debt owed-to the Government. I
was one of the original cosponsors of
Senator CHARLES PERCY'S debt collec-
tion bill back in 1980 and last year I
introduced my own bill, S. 1270 that
would provide new incentives and
goals for debt collection. The bill that
is being introduced today, mandates
the collection of $2 billion over and
above the debt collection estimates of
the President for fiscal 1989.
We include a new approach to push-
ing agencies to use all of the tools
available to collect the nearly $29 bil-
lion in nontax delinquent debt cur-
rently on the books. Under the bill, we
would allow an agency to keep a por-
tion of the funds it collects over and
above its debt collection target set by
the Secretary of the Treasury. On the
other hand, if an agency falls short of .
its target, the President would then
propose a rescission of a portion of
their funding, based on -how short of
their goal they fell.
All of the $2 billion to be collected
over and above the President's budget
estimates would be deposited into the
special antidrug abuse Treasury fund
to help pay for the drug bill.
.In total, there would be more than
enough additional revenues put into
the special fund to cover the entire
cost of the drug bill for fiscal year
1989, with some left over. So even if
our estimates of the aggregate cost of
the Omnibus Antidrug Abuse Act of
1988 are off slightly, the special fund
would have sufficient resources to
cover the bill's price tag. And we
would not be violating either the
Gramm-Rudman-Hollings targets, or
the economic budget summit, or the
President's budget.
CONCLUSION
Mr. President, this is a good bill. It
hits the drug problem on many fronts.
It is fiscally responsible and pays for
itself. And, most importantly, it is
needed now. The drug problem has
not gone away since 1986. We need to
provide this additional muscle to fight
the narcotics trafficker-and this bill
does that.
Mr. President, I understand that
Congressman GLENN ENGLISH will be
introducing virtually the same bill
later today in the House. I also under-
stand that the Speaker of the House
has made a commitment to Mr. ENG-
LISH that he will attempt to bring up
the drug bill before June. That is en-
couraging, and I hope that the leader-
ship in the Senate will move this legis-
lation to the floor quickly before the
summer.
Mr. President, I ask unanimous con-
sent that a copy of the Omnibus Anti-
drug Abuse Act of 1988 be printed in
the RECORD.
Mr. President, I also ask unanimous
consent that a detailed summary of
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005ROO1300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
S 2858 CONGRESSIONAL RECORD - SENATE
the bill and a cost breakdown of the
bill be printed in the RECORD.
There being no objection, the mate-
rial was ordered to be printed in the
RECORD, as follows:
S.2205
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Omnibus
Antidrug Abuse Act of 1988".
SEC. 2. ORGANIZATION OF THE ACT.
This Act is organized as follows:
TITLE I-DRUG ENFORCEMENT AND
PERSONNEL ENHANCEMENT
SUBTITLE A. Asset Forfeiture Fund Amend-
ments Act of 1988.
SUBTITLE B. State and local narcotics con-
trol assistance.
SUBTITLE C. Chemical Diversion and Traf-
ficking Act of 1988.
SUBTITLE D. Comprehensive Federal Law
Enforcement Officer Improve-
ments Act of 1988.
SUBTITLE E. Deportation of convicted for-
eign drug inmates.
SUBTITLE F. Customs Enforcement Amend-
ments Act of 1988.
SUBTITLE G. Authorization of additional ap-
propriations for drug enforce-
ment personnel, fiscal year
1989.
SUBTITLE H. Miscellaneous law enforcement
provisions.
TITLE II-INTERNATIONAL NARCOT-
ICS CONTROL AND ASSISTANCE TO
FOREIGN COUNTRIES
SUBTITLE A. International drug eradication
improvement program.
SUBTITLE B. International narcotics matters
improvement and special as-
sistance programs.
SUBTITLE C. Amendments to Foreign Assist-
ance Act of 1961, as amended.
SUBTITLE D. International narcotics matters
authorization of appropria-
tions.
SUBTITLE E. Latin American Antidrug Strike
Force.
TITLE III-DRUG INTERDICTION
ASSET IMPROVEMENT AND EN-
HANCEMENT
SUBTITLE A. Coast Guard.
SUBTITLE B. United States Customs Service.
SUBTITLE C. Department of Defense drug
interdiction assistance.
SUBTITLE D. Drug Enforcement Administra-
tion.
SUBTITLE E. Immigration and Naturalization
Service/Border Patrol.
SUBTITLE F. Establishment of Interagency
Southwest Border Drug Inter-
diction Mobile Corridor Task
Force.
SUBTITLE G. United States-Bahamas Drug
Interdiction Task Force.
SUBTITLE H. Special drug interdiction sup-
port.
TITLE IV-DEMAND REDUCTION
SUBTITLE A. Treatment and rehabilitation.
SUBTITLE B. Alcohol and drug abuse treat-
ment and rehabilitation.
SUBTITLE C. Amendments to the Drug-Free
Schools and Communities Act.
TITLE V-NATIONAL DRUG ENFORCE-
MENT AGENCY REORGANIZATION
AND COORDINATION
SUBTITLE A. Establishment of Office of En-
forcement and Border Affairs
in Department of Treasury.
SUBTITLE B. Department of Defense drug
interdiction reorganization.
SUBTITLE C. Establishment of a Senate
Select Committee on Narcotics
Abuse and Control.
TITLE VI-RESEARCH AND DEVELOP-
MENT FOR LAW ENFORCEMENT
AGENCIES
SUBTITLE A. Establishment of new research
and development programs to
assist Federal law enforcement
agencies.
SUBTITLE B. Cargo container drug detection
research and development.
TITLE VII-DRUG ENFORCEMENT
TRAINING IMPROVEMENT
SUBTITLE A. Federal Law Enforcement
Training Center Improvement
Act of 1988.
SUBTITLE B. Department of Justice Training
Facilities Improvement Act of
1988.
SUBTITLE C. Federal Law Enforcement Lan-
guage Training Improvement
Act of 1988.
SUBTITLE D. Authorization of appropriations
for special training centers.
TITLE VIII-DRUG TESTING IN THE
PRIVATE SECTOR
TITLE IX-CONGRESSIONAL POLICY
REGARDING ADDITIONAL FUNDING
FOR FISCAL YEAR 1989 FOR ANTI-
DRUG ABUSE PROGRAMS
TITLE X-FUNDING; ACCOUNTS
SUBTITLE A. -Offsetting Revenues and Sav-
ings to Cover the Cost of the
Act.
TITLE I-DRUG ENFORCEMENT AND
PERSONNEL ENHANCEMENT
Subtitle A-Asset Forfeiture Fund Amendments
Act of 1988
SEC. 101. SHORT TITLE.
This subtitle may be cited as the "Depart-
ment of Justice and Department of Treas-
ury Assets Forfeiture Fund Amendments
Act of 1988".
SEC. 102. ASSET FORFEITURE FUNDS.
(a)(1) Notwithstanding any other provi-
sion of law, the receipts and disbursements
out of the Department of Justice Assets
Forfeiture Fund, established by section
524(c)(1) of title 28, United States -Code, and
the Customs Forfeiture Fund, established
by section 613A of the Tariff Act of 1930 (19
U.S.C. 1613b)-
(A) shall not be included in the totals of-
(i) the budget of the United States Gov-
ernment as submitted by the President; or
(ii) the congressional budget, including al-
locations of budget authority and outlays
provided therein;
(B) shall be exempt from any general
budget limitation imposed by statute on ex-
penditures and net lending (budget outlays)
of the United States Government; and
(C) shall not be included for purposes of
calculating-
(i) the deficit under section 3(6) of the
Congressional Budget and Impoundment
Control Act of 1974 (2 U.S.C. 622(6)) for
purposes of comparison with the maximum
deficit amount under the Balanced Budget
and Emergency Deficit Control Act of 1985
(2 U.S.C. 901 et seq.); or
(ii) the excess deficit for purposes of sec-
tions 251 and 252 of the Balanced Budget
and Emergency Deficit Control Act of 1985
(2 U.S.C. 901 and 902) for any fiscal year.
(2)(A) Notwithstanding any other provi-
sion of law, for purposes of the Congression-
al Budget and Impoundment Control Act of
March 23, 1988
1974 (2 U.S.C. 621 et seq.) the Department
of Justice, with respect to receipts and dis-
bursements from the Assets Forfeiture
Fund, and the United States Customs Serv-
ice, with respect to receipts and disburse-
ments from the Customs Forfeiture Fund,
shall be considered an off-budget Federal
entity as such entity is defined under sec-
tion 3(8) of such Act (2 U.S.C. 622(8)).
(B) Nothing in this subsection may be con-
strued to diminish the oversight authority
of the Congress under law with respect to
the operations and budget of the Depart-
ment of Justice or the United States Cus-
toms Service.
(C) Amounts to be disbursed out of the
Department of Justice Assets Forfeiture
Fund and the Customs Forfeiture Fund
shall not be subject to limitation by appro-
priations Acts.
(D) This subsection shall apply to budgets
for fiscal years beginning after September
30, 1988.
(3) Section 613A of the Tariff Act of 1930
(19 U.S.C. 1613b) is amended by-
(A) striking out "subject to appropriation,
during the period beginning on the date of
the enactment of this section and ending on
September 30, 1991. The fund shall be avail-
able" in subsection (a); and
(B) striking out "during the period begin-
ning on the date of the enactment of this
section, and ending on September 30, 1987,"
in subsection (c); and -
(C) repealing subsection (f).
(b) Section 524(c)(l) of title 28 of the
United States Code is amended by striking
out "and" at the end of subparagraph (F),
by striking out the period at the end of sub-
paragraph (G) and inserting in lieu thereof
"; and" and, by inserting the following new
subparagraph:
"(H) after all reimbursements and pro-
gram-related expenses have been met at the
end of each fiscal year, the Attorney Gener-
al shall transfer deposits from the Assets
Forfeiture Fund to the Building and Facili-
ties account of the Federal prison system
for the construction of correctional institu-
tions, and to the Support of United States
Prisoners in non-Federal Institutions ac-
count of the Department of Justice for pay-
ments authorized by the Attorney General
or his designee under contracts and coopera-
tive agreements with any State, territory, or
political subdivision thereof, for the neces-
sary construction, physical renovation, ac-
quisition of equipment, supplies, or materi-
als required to establish acceptable condi-
tions of confinement and detention services
in any State or local jurisdiction which
agrees to provide guaranteed bedspace for
Federal detainees within that correctional
system. The Attorney General shall report
to the appropriate committees of the Con-
gress any amount proposed to be trans-
ferred under this subparagraph.".
(c) Amounts proposed for transfer pursu-
ant to subsection (a) shall be transferred
only upon notification by the Attorney Gen-
eral to the Committees on Appropriations
of the House of Representatives and the
Senate and approval under said Commit-
tees' policies concerning the reprogramming
of funds.
(d)(1) Section 524(c)(1)(A) of title 28,
United States Code, is amended by inserting
immediately before the semicolon at the
end thereof a comma and the following:
"and the Attorney General may exempt the
procurement of supplies and services under
the fund from section 3709 of the Revised
Statutes of the United States (41 U.S.C. 5),
title III of the Federal Property and Admin-
istrative Services Act of 1949 (41 U.S.C. 251
and following), and other provisions of law
as may be necessary to maintain the securi-
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005ROO1300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
March 23, 1988 CONGRESSIONAL RECORD - SENATE
ty and confidentiality of related criminal or
civil investigations".
(2) In the administration of the Customs
Forfeiture Fund, the Commissioner of Cus-
toms may exempt the procurement of sup-
plies and services under such Customs Fund
from section 3709 of the Revised Statutes of
the United States (41 U.S.C. 5), title III of
the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 251), and
other provisions of law as may be necessary
to maintain the security and confidentiality
of related criminal or civil investigations.
SEC. 103. RESTORATION OF EQUITABLE SHARING
PROVISIONS.
Section 511(e) of the Controlled Sub-
stances Act (21 U.S.C. 881(e)) is amended
by-
(1) redesignating paragraph (2) as'para-
graph (3); and
(2) inserting after paragraph (1) the fol-
lowing new paragraph:
"(2) The Attorney General shall ensure
the equitable transfer pursuant to para-
graph (1)(A) of any forfeited property to
the appropriate State and local law enforce-
ment agency or prosecutor's office so as to
reflect generally the contribution of any
such agency or prosecutor's office partici-
pating directly in any of the acts which led
to the seizure or forfeiture of such property
or prosecution of any underlying criminal
case or forfeiture action.".
Subtitle B--State and Local Narcotics Control
Assistance Act of 1988
SEC. 110. DECLARATION AND PURPOSE.
(a) Congress finds that this Nation is en-
gulfed in an epidemic of drug abuse that is
threatening our country's productivity and,
in particular, the minds and future of our
youngest citizens. Throughout the past
decade, trends in trafficking and abuse pat-
terns have necessitated a new response-one
that is the product of a nationwide strategy
that is not limited by jurisdictional bound-
aries and single constituency interests. The
absence of legislatively mandated or policy
driven targeting of resources and energy
will sustain a scattered approach to a drug
abuse problem which, by its nature, de-
mands a concerted, coordinated attack.
(b) Congress further finds that State and
local governments are critical participants
in a national effort to reduce the demand
for and stem the distribution of drugs in
this Nation.
(c) It is therefore the declared policy of
the Congress to initiate a new national
strategy to curb drug abuse in the United
States that makes full use of the energy and
expertise of State and local units of govern-
ment.
(d) It is the,purpose of this subtitle to em-
power States to address their own jurisdic-
tional drug control problems while, simulta-
neously, supporting national drug control
priorities and objectives. Congress finds
that enhanced national attention, and thus
resources provided under this subtitle, are
required In the areas of (1) generation and
linkage of intelligence information and sys-
tems; (2) coordination of effort at the Fed-
eral, State, and local levels of government;
(3) model legislation enacted on a nation-
wide basis; (4) strategic drug control plan-
ning and policy that integrates education,
prevention, treatment, enforcement, pros-
ecution, and corrections in a systemwide ap-
proach; (5) standardization of data collec-
tion systems; and (6) technological and
operational advancements.
PART A-ESTABLISHMENT OF THE BUREAU
OF JUSTICE ASSISTANCE
SEC. 111. BUREAU OF JUSTICE ASSISTANCE.
Section 401 of part D of title I of the Om-
nibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3741) is amended to read as
follows:
"There is established within the Depart-
ment of Justice, under the general author-
ity of the Attorney General, a Bureau of
Justice Assistance (hereinafter referred to
in this part and part D as the "Bureau").
The Bureau shall be headed by a Director
(hereinafter referred to as the "Director")
who shall be appointed by the President, by
and with the advice and consent of the
Senate. The Director shall have final au-
thority for all grants, cooperative agree-
ments, and contracts awarded by the
Bureau. The Director shall not engage in
any employment other than that of serving
as the Director, nor shall the Director hold
any office in, or act in any capacity for, any
organization, agency, or institution with
which the Bureau makes any contract or
other arrangement under this or such
SEC. 112. DUTIES AND FUNCTIONS OF THE DIREC-
TOR.
The Director of the Bureau of Justice As-
sistance (hereinafter in this subtitle re-
ferred to in this title as the "Director"), in
addition to his duties under part D of title I
of the Omnibus Crime Control and Safe
Streets Act of 1968, shall-
(1) provide funds to eligible States, units
of local government, and private nonprofit
and public organizations pursuant to this
subtitle;
(2) after consultation with Federal, State,
and local drug control agencies, develop an
annual State and Local Strategic Drug Con-
trol Plan that integrates priorities and criti-
cal needs of Federal, State, and local drug
control; and
(3) publish and disseminate information
on the condition and progress of drug con-
trol activities at the Federal, State, and
local levels, with particular attention to pro-
grams and intervention efforts demonstrat-
ed by assessments to be of value in an over-
all national strategy.
SEC. 113. STATE AND LOCAL COORDINATION.
To assure that all Federal assistance to
State and local drug control programs is car-
ried out in an efficient manner, the Bureau
of Justice Assistance (hereinafter referred
to in this title as the "Bureau") is author-
ized to coordinate activities and request any
Federal department or agency to supply
such statistics, program reports, and other
material as the Bureau deems necessary to
carry out its, functions under this subtitle.
Each such department or agency is author-
ized and directed to cooperate with the
Bureau and, to the extent permitted by law,
to furnish such materials to the Bureau.
The Bureau shall-
(1) ensure a fully coordinated effort
toward a national drug control strategy in-
volving drug control departments, agencies,
and boards at the Federal, State, and local
levels of government;
(2) serve as the coordinating Federal
agency for the submission of a single appli-
cation for all State and local grant-in-aid
programs under the Antidrug Abuse Act of
1986; coordinate the application require-
ments with each of the Federal agencies in-
volved to allow for one State document that
represents a statewide drug control strategy
incorporating all drug control elements
(e.g., prevention, education, enforcement,
treatment). Such single State submission is
intended to meet the requirements of the
Departments of Education, Health and
Human Services, Justice, and any other
Federal agencies providing financial or tech-
nical assistance and intergovernmental
fiscal transfers; and
(3) consider the priorities of and maintain
liaison with Federal agencies having drug
S 2859
control authority to assure a coordinated
placement and implementation of major
programs to the initiated.
PART B-DRUG CONTROL FORMULA GRANT
PROGRAM
SEC. 114. GRANTS.
It is the purpose of this part to encourage
the implementation of a nationwide and
multilevel drug control strategy through
the development of programs and projects
which will assist multijurisdictional and
multi-State in the drug control problem and
support national drug control priorities. It is
not the intent of Congress to restrict the
use of programs at the State and local level,
but to encourage a systematic approach to a
national strategy which will involve all par-
ticipants working toward a similar- goal.
Grants may be made for additional person-
nel, equipment, facilities, personnel train-
ing, and supplies. The Bureau is authorized
to make grants to States having statewide
drug control strategies approved by the
Bureau for:
(1) Zero Tolerance Enforcement Programs
that effect heightened public awareness of
and support for local drug control enforce-
ment projects such as drug specific - (e.g.,
gang targeted, organized crime) task forces,
street sweeps, and special projects for high
visibility crime areas.
(2) Multi-Jurisdictional Task Force Pro-
grams that integrate the resources and
knowledge of Federal, State, and local drug
law enforcement agencies for the purpose of
enhancing interagency coordination and fa-
cilitating multijurisdictional investigations.
(3) Precursor Control Programs designed
to prevent major precursor chemicals from
reaching clandestine laboratories, including
recordkeeping systems, monitoring proce-
dures, and model legislation such as that en-
acted by the States of Arizona, California,
Nevada, and Texas.
(4) Pharmaceutical Diversion Programs di-
rected at the licensing, regulation, and in-
vestigation of practitioners registrants, in-
cluding Schedule 2 triplicate prescription
programs and enactment of model legisla-
tion.
(5) Law Enforcement Demand Reduction
Programs that increase the participation of
drug law enforcement officers in drug abuse
prevention programs, such as the Law En-
forcement Explorers Program, Sport Drug
Awareness Program, and Drug Abuse Re-
sistance Education (DARE).
(6) Countermeasures Threat Analysis Pro-
grams that address the technological capa-
bilities of drug traffickers, the threat that
such technology poses to the safety and ef-
fectiveness of drug law enforcement offi-
cers, and responses to the threat, including
nationwide threat assessments, and technol-
ogy development projects.
(7) Clandestine Laboratory Programs that
enhance the investigative capabilities of
State and local officers, and provide certi-
fied training and equipment necessary to
ensure the safety of State and local person-
nel who seize and enter clandestine labora-
tories. .
(8) Drug Control Law Enforcement Train-
ing Programs that enhance the technical ca-
pabilities of State and local drug control
personnel.
(9) Multi-Jurisdictional Intelligence and
Data Sharing Programs designed to effect
the linkage of regional intelligence systems,
standardize data reporting systems, and in-
crease multijurisdictional access to nation-
wide data bases.
(10) Domestic Cannabis Programs that
target major financiers, cultivators, and dis-
tributors, and that provide the resources
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
S 2860 CONGRESSIONAL RECORD - SENATE March 23, 1988
and training that are essential for effective technical expertise of judicial personnel in tions and State agencies and establishing
State and local eradication efforts. drug control cases. Statewide drug control priorities based on
(11) Financial Investigative Programs that (22) Pre-Trial Drug Control Testing Pro- such;
target the identification of money launder- grams that provide urinalysis testing as a (2) preparing a statewide drug control
ing operations and assets obtained through pretrial device for providing drug-use data strategy reflecting the state's drug control
illegal drug trafficking, including the enact- to courts. Projects can provide jail space by problems, an assessment of current activi-
ment of model legislation, financial investi- continued monitoring of nondetained indi- ties, coordination requirements, resource
gative training, and financial information viduals. needs, and the statewide goals, objectives,
sharing systems. (23) Drug Control -Innovative Adjudica- priorities, and projected programs and
(12) Drug Control Innovative Enforce- tion Programs which will demonstrate new projects;
ment Programs which will demonstrate new and different approaches to drug control ac- (3) receiving, reviewing, and approving (or
and different approaches to drug control ac- tivities. Each project shall contain an eval- disapproving) applications from State agen-
tivities. Each project shall contain an eval- uation component and the results of such cies and units of local government;
uation component and the results of such will be provided to the Bureau. Up to 10 per (4) preparing an annual report for the
will be provided to the Bureau. Up to 10 per centum of the total judicial projects award- chief executive of the State and the State
centum of the total enforcement projects ed may be used for this program. legislature containing an assessment of the
may be used for this program. (24) Intensive Supervision Programs State drug control program developed under
(13) Model Drug Control Legislation Pro- which reduce drug use and criminal activi- this part, for submission to the Bureau; and
grams that encourage State adoption of ties through intensive probation. Project (5) assuring fund accountability, auditing,
model legislation in areas such as money elements may include surveillance, urinaly- and evaluation of programs and projects
laundering, activities under chapter 96 of sis, and treatment standards. Treatment Al- funded under this part to assure compliance
title 18, United States Code, electronic sur- ternatives to Street Crime projects may be with Federal requirements.
veillance, asset seizure and forfeiture, grand funded under this program.
jury powers, schoolyard violators, criminal (25) Jail Treatment Programs which iden- SEC. 117. MEMBERSHIP OF THE STATE DRUG CON-
organization use of juveniles, mandatory tify drug abusing offenders and initiate ap- TROL BOARDS.
and enhanced sentencing. propriate treatment while incarcerated (pre- The State Drug Control Board shall be
(14) Drug Control Prosecution Training and post-trial), and coordinate with commu- subject to the jurisdiction of the chief exec-
Programs to develop and conduct training nity treatment providers for inmates upon utive of the State who shall appoint the
projects designed to enhance prosecutorial release. board members, designate a chairman and
expertise in the prosecution of complex (26) Prison Treatment Programs which provide staff to serve the board. The board
drug conspiracy cases, including search war- provide a continuum of treatment services should be broadly representative of the
rant preparation, asset seizure and forfeit- to the drug dependent offender. Projects State's drug control community, with repre-
ure (for both prosecutors and investigators), may include a range of treatment modalities sentatives from disciplines such as drug en-
grand jury presentations, case preparation such as therapeutic communities, drug re- forcement, prosecution, courts, corrections,
and presentation, and electronic surveil- source centers, drug education projects, and treatment, education, and prevention, in-
lance utilization. self-help groups. eluding private treatment providers.
(15) For use in States that have the au- (27) Drug Treatment for Youthful Of- SEC. 118. LOCAL DRUG CONTROL OFFICES.
thority to undertake prosecutions but lack fenders Programs which address the needs The State drug control office shall assure
the necessary resources to initiate activities of the youthful offenders. Projects may in- that local units of government for metropol-
under those statutes, Combined Prosecution clude special intensive efforts or projects itan areas (primary metropolitan statistical
and Law Enforcement Investigative Pro- conducted in coordination with educational areas as defined by the Bureau of the
grams to develop enforcement and prosecu- institutions. Census) or any contiguous combination of
Lion projects to assist State and local law en- (28) State Corrections Policy Groups and such (both interstate and intrastate),
forcement agencies to use existing State Sentencing Commissions dealing with long- having a population of 500,000 or more, are
laws specifically targeted toward narcotics range State corrections strategies and na- permitted to establish a local office for the
trafficking conspiracies and offenders. tional sentencing structures for both drug purpose of preparing and coordinating drug
(16) Corrupt Public Officials Programs
that give priority attention to related and other crimes. control strategies and implementing the
any case in- (29) Enhancement of Indicator Systems provisions of this part at the local level of
volving drug-related official corruption. Programs which collect and disseminate government. The chief executive of an eligi-
This program is consistent with the zero-tol- data regarding drug use, availability, and ble jurisdiction as defined above shall create
erance approach drug control and can en-
hance public confidence other drug trend information vital to the ef- or designate an office for the purpose of
w mn
support hance for drug control thereby law enforcement fective planning and intelligence. This may preparing and developing an areawide drug
efforts. include criminal history and transactional control strategy and assuring that such (17) State and Local information systems. strategy complies with the Federal and
tha enhance existing forensic story Loro laboratories Programs (30) Statewide and National Intelligence State requirements, to include fund ac-
through the use of se of additional personnel, Systems Programs which collect, dissemi- counting, auditing, and evaluation of pro-
uip thning,al and supplies. nate, and use investigative or intelligence in- grams and projects to be funded under this
Prd,
Projects will will standardize facilities, training, reporting drug con- formation for drug control enforcement ac- part. Where an eligible jurisdiction chooses
trol data and intelligence information on a tivities. Emphasis of these projects shall be not to form a local drug control office, it
nationwide basis as well as reports to pros- the sharing of information at Federal, shall be treated as all other jurisdictions
ecutors, thus reducing the court time for State, and local levels of government. within the State.
laboratory personnel. (31) Drug Control Evaluation Programs SEC. 119. LOCAL DRUG CONTROL BOARDS.
(18) Prosecutor Resource Enhancement which the State and local units of govern- Each eligible jurisdiction shall establish or
Programs that enhance existing prosecutor merit may utilize to evaluate programs and designate a local drug control board for the
services resulting from an expanded case- projects directed at State drug control ac- purpose of-
load of drug control cases. Projects will im- tivities. (1) analyzing the drug control problems
prove case management through the use of SEC. 115. STATE DRUG CONTROL OFFICES. within the jurisdiction based on data, Infor-
additional personnel (e.g., prosecutors, in- The chief executive officer of each partici- mation, and intelligence from all eligible
vestigators), management information sys- Dating State and territory shall designate a units of local government and establishing
tems, and programs such as career criminal State drug control office for the purpose jurisdictionwide drug control priorities
targeting, and accelerated prosecutions. of- based on such;
(19) Drug Control Innovative Prosecution (1) preparing an application to obtain (2) preparing a jurisdictionwide drug con-
Programs which will demonstrate new and funds under this part; and trol strategy reflecting the jurisdiction's
different approaches to drug control activi- (2) administering funds received from the drug control problems, an assessment of
ties. Each project shall contain an evalua. Bureau, including receipt, review, process- current activities, coordination require-
tion component and the results of such will ing, monitoring, progress, and impact re- ments, resource needs, and the jurisdiction's
be provided to the Bureau. Up to 10 per porting, financial report review, technical goals, objectives, priorities, and projected
centum of the total prosecution projects assistance, grant adjustments, accounting, programs and projects;
awarded may be used for this program, auditing, and funds disbursements. (3) receiving, reviewing, and approving (or
(20) Judicial Resource Enhancement Pro- SEC. 116. STATE DRUG CONTROL BOARDS. disapproving) applications from units of
grams that enhance existing court resources The chief executive officer of each partici- local government; and
resulting from an expanded caseload of pating State and territory shall establish or (4) preparing an annual report for the
drug control cases. Projects may include ad- designate and maintain a State Drug Con- chief executive of the jurisdiction and the
ditional judges and supporting staff, equip- trol Board for the purpose of- State office (or offices in the case of metro-
ment, and facilities. (1) analyzing the drug control problems politan areas or State boundaries) contain-
(21) Judicial Drug Control Training Pro- within the State based on data, information, ing an assessment of the drug control pro-
grams that are designed to enhance the and intelligence from all eligible jurisdic- gram developed under this part.
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005ROO1300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
March 23, 1988
CONGRESSIONAL RECORD - SENATE S 2861
SEC. 120. MEMBERSHIP OF LOCAL DRUG CONTROL
BOARDS.
(a) The Local Drug Control Board shall be
subject to the jurisdiction of the chief exec-
utive who shall appoint the members and
designate the chairman. The Board shall be
representative of the drug control communi-
ty, with representatives from disciplines
such as drug enforcement, prosecution,
courts, corrections, treatment, education
and prevention, including private treatment
providers.
(b) In the case of an eligible jurisdiction
being formed by a combination of jurisdic-
tions, the membership of the Board shall be
jointly appointed in such a manner as the
chief executive of each unit of local govern-
ment shall determine by mutual agreement.
Decisions made by the Board pursuant to
this part may be reviewed and either accept-
ed or rejected by the chief executive of the
jurisdiction, or a combination of jurisdic-
tions in such a manner as the chief execu-
tive of each unit of local government shall
determine by mutual agreement.
SEC. 121. NATIONAL DRUG CONTROL ASSISTANCE
COORDINATION BOARD.
The Bureau shall establish a National
Drug Control Assistance Coordination
Board, which will provide for the represen-
tation of drug control agencies at the Feder-
al, State, and local levels for the purpose of
articulating national drug control priorities,
programs, and resource needs. The Bureau
is directed to prepare a National Strategic
Drug Control Plan which will target critical
drug control problems and lead to a Nation-
al Drug Control Strategy that will integrate
Federal, State, and local drug control prior-
ities.
SEC. 122. BOARD MEMBERSHIP.
(a) The Board shall consist of twenty
members representing State and Federal
agencies having responsibilities for drug
control activities. Each of the five national
regions would appoint two representatives
to the Board and the appropriate Federal
agencies would appoint the remaining ten
members. The ten Federal appointees shall
be approved by the Attorney General. The
Director will serve as the Board Chair.
(b) The Bureau shall develop all rules and
procedures, provide staff services and the fi-
nancial resources required by the Board.
SEC. 123. STATE APPLICATION.
(a) To request funds under this part, the
chief executive officer of the State shall
submit to the Bureau an application, at
such time and in such form as the Director
may require. No State application shall be
approved unless it includes-
(1) a statewide strategy for drug control.
The strategy must contain (A) a definition
and analysis of the drug problem in the
State, and an analysis of that problem in
each of the major cities and counties with
major drug control problems; (B) an assess-
ment of the efforts existing as of the time
of the application to address the drug con-
trol problem at the State and local level; (C)
coordination requirements; (D) resource
needs; (E) the establishment of Statewide
priorities for drug control activities and pro-
grams; and (F) an analysis of the relation-
ship of the proposed State efforts to the na-
tional drug control strategy;
(2) the following certifications and assur-
ances signed by the chief executive or his
authorized representative:
(A), a certification that Federal funds
made available under this part will not be
used to supplant State or local funds, but
will be used to increase the amounts of such
funds that would, in the absence of Federal
funds, be made, available for drug law en-
forcement activities;
(B) a certification that funds required to
pay the non-Federal portion of the costs of
each program and project for which such
grant is made shall be in addition to funds
that would otherwise be made available for
drug law enforcement by the recipients of
grant funds;
(C) an assurance that the State applica-
tion described in this part, and any amend-
ment to such application, has been submit-
ted for review to the State legislature or its
designated body (for purposes of this part,
such application or amendment shall be
deemed to be reviewed if the State legisla-
ture or such body does not review such ap-
plication or amendment within the 60-day
period beginning on the date such applica-
tion or amendment is so submitted);
(D) an assurance that the State applica-
tion and any amendment thereto was made
public before submission to the Bureau and,
to the extent provided under State law or
established procedure, an opportunity to
comment thereon was provided to citizens
and to neighborhood community groups;
and
(E) an assurance that following the first
fiscal year covered by an application and for
each fiscal year thereafter, a performance
evaluation and assessment report concern-
ing the activities carried out pursuant to
this part will be submitted to the Bureau;
and
(3) a provision for fund accounting, audit-
ing, monitoring, and such evaluation proce-
dures as may be necessary to keep such
records that the Bureau shall prescribe to
assure fiscal control, proper management,
and efficient disbursement of funds received
under this part.
(b) The data requirements on which the
statewide strategy is based shall be devel-
oped by the Bureau and provided to each
State for the purpose of assuring a unified
national data reporting system.
SEC. 124. GRANT LIMITATIONS.
(a) Not more than 20 per centum of a
grant made under this part may be used for
costs incurred to administer such grant by
the State and local offices. The State is au-
thorized to use up to 10 per centum as ad-
ministrative funds and the local offices are
authorized to use up to 10 per centum as ad-
ministrative funds. If not used for adminis-
trative purposes at the local level, such
funds must be used for the purpose con-
tained in part B.
(b) States are authorized to use. part B
funds for the expenses associated with par-
ticipation in the State and Local Task Force
Program established by the Drug Enforce-
ment Administration.
(c) The State shall provide to metropoli-
tan area(s), of the pass-through formula, a
per centum not less than the per centum
which the population (500,000 or more) is to
the total population of the State.
(d) The State shall make available such
funds to eligible metropolitan area(s) within
30 days after the Bureau's approval of the
State application:
SEC. 125. MATCHING FUNDS.
(a) The non-Federal portion of the cost of
the programs or projects authorized by part
B of this subtitle shall be in cash.
(b) Any Federal grant made under this
part shall cover up to 100 percent of the
cost of the programs and projects author-
ized by this part for the first year in which
a grant is approved; up to 90 percent of the
cost of the. programs and projects author-
ized by this part for the second year of such
grant; and up to 75 percent of the cost of
the programs and projects. authorized by
this part for the third year of such grant.
SEC. 126. REVIEW OF STATE APPLICATIONS.
(a) The Bureau shall provide financial as-
sistance to each State applicant under this
part to carry out the programs or projects
submitted by such applicant upon determin-
ing that-
(1) the application and amendment there-
to is consistent with the requirements of
this part;
(2) the statewide strategy is in accordance
with the Bureau's guidelines, representative
of statewide priorities and the priorities of
all eligible jurisdictions, represents a sincere
attempt on the part of the applicant to con-
trol drug trafficking and abuse and clearly
represents an interest by the applicant to
cooperate with other States and jurisdic-
tions relative to drug control; and
(3) the application and any amendment
have been reviewed in accordance with this
part and that an affirmative finding has
been made, in writing, that the application,
strategy, and programs and projects are rep-
resentative of the broad priorities and re-
source needs of the State and eligible juris-.
dictions encompassed by the strategy.
(b) Each application or amendment made
and submitted for approval to the Bureau
pursuant to this part shall be deemed ap-
proved, in whole or in part, by the Bureau
not later than 60 days after first received,
unless the Bureau informs the applicant of
specific reasons for disapproval prior to the
expiration of such 60-day period.
(c) Grant funds awarded under this part
shall not be used for land acquisition or con-
struction projects.
(d) The Bureau shall not finally disap=
prove any application, or any amendment
thereto, submitted to the Bureau under this
part without first affording the applicant
reasonable notice and opportunity for re-
consideration.,
SEC. 127. ALLOCATION AND DISTRIBUTION OF
FUNDS UNDER FORMULA GRANTS.
(a) Of the total amount appropriated for
this part in any fiscal year, 80 per centum
shall be set aside for the formula grant pro-
gram and allocated to States as follows:
(1) $500,000 shall be allocated to each of
the participating States and territories; and
(2) of the total funds remaining after the
allocation under the above paragraph (1),
there shall be allocated to each State an
amount which bears the same ratio to the
amount of remaining funds described in this
paragraph as the population of such States
bears to the population of all the States.
(b)(1) Each State which receives funds
under subsection (a) of this section in a
fiscal year shall distribute among units of
local government, or combinations of units
of local government, in such States, for the
purposes specified in the formula grant pro-
gram, that portion of funds which bears the
same ratio to the aggregate amount of such
funds as the amount of funds expended by
all units of local government for criminal
justice in the preceding fiscal year bears to
the aggregate amount of funds expended by
the State and all units of local government
in such State for criminal justice in such
preceding fiscal year.
(2) Any funds not distributed to units of
local government under paragraph (b)(1)
shall be available for expenditure by the
State involved.
(3) For purposes of determining the distri-
bution of funds under paragraph (1), the
most accurate and complete data available
for the fiscal year involved shall be used. If
data for such fiscal year is not available,
then the most accurate and complete data
available for the most recent fiscal year pre-
ceding such fiscal year shall be used.
(c) No funds allocated to a State under
subsection (a) or received by a State"for dis-
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005ROO1300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
5.2862 CONGRESSIONAL RECORD--SENATE
tribution under subsection (b) may be dis-
tributed by the Bureau or by the State in-
volved for any program other .than a pro-
gram contained in an application.
(d) If the Bureau determines, on the basis
of information available to it during any
fiscal year, that a portion of the funds allo-
cated to a State for that fiscal year will not
be required or that a State will be unable to
qualify or receive funds under the formula
grant program, or that a State chooses not
to participate in the program established
under such section, then such portion shall
be awarded by the Bureau to urban, rural,
and suburban units of local government or
combinations thereof within such State
giving priority to those jurisdictions with
greatest need.
(e) Any funds allocated under subsection
(a) that are not distributed under this sec-
tion shall be available for obligation. under
part C of this subtitle.
PART C-DRUG CONTROL DISCRETIONARY
GRANT PROGRAM
SEC. 128. PURPOSE.
It is the purpose of this part to provide
for the direct funding of projects to improve
and strengthen the drug control and related
criminal justice support activities at the
State and local levels.
SEC. 129. PURPOSE OF GRANTS.
The Bureau is authorized to develop pro-
grams and make grants to public agencies
and private nonprofit organizations for
technical assistance, training, national scope
and demonstration projects in support of
any of the.purposes (or groups of purposes)
specified in part B of this subtitle, and any
purpose contained in the strategic drug con-
trol plan developed by. the Bureau. The Di-
rector shall have final authority over all
grants awarded under this part. In develop-
ing Discretionary Grant programs, the
Bureau shall insure a balance between the
various components of the criminal justice
system and drug treatment and rehabilita-
tion agencies. Discretionary funds may be
used as incentives to develop programs -in
the weaker elements of the statewide drug
control strategies. Because of the crisis
facing State and local corrections, the Di-
rector shall insure adequate attention to
this component, as well as support for cor-
rections-based drug treatment and rehabili-
tation programs.
SEC. 129A. GRANTS.
(a) A grant authorized under this part
may be up to 100 per centum of the total
cost of each project for which the grant is
made.
(b) Grant funds awarded under this part
shall not be used for land acquisition or con-
struction projects.
SEC. 129B. APPLICATION REQUIREMENTS.
(a) No grant may be made under this part
unless an application has been submitted to
the Bureau in which the applicant-
(1) sets forth a program or project which
is eligible for funding pursuant to this sub-
title; -
(2) describes the services to be provided,
performance goals, and the manner in
which the program is to be carried out; and
(3) describes the method to be used to
evaluate-the program or project in order to
determine its impact and effectiveness in
achieving the stated goals; and
(4) agrees to conduct such evaluation ac-
cording to the procedures and terms estab-
lished by the Bureau.
(b) Each applicant for funds under this
part shall certify, in a form acceptable to
the Director, that-
(1) the program or project meets all the
requirements of this part;
(2) all of the information contained in the
application is correct; and
(3) the applicant will comply with all of
the provisions of this part and all other ap-
plicable Federal laws.
SEC. 130. ALLOCATION OF FUNDS FOR DISCRETION-
ARY GRANTS.
(a) Of the total amount appropriated for
this subtitle in any fiscal year, 20 per
centum shall be reserved and set aside for
this part.
(b) Of the total amount appropriated for
this subtitle in any fiscal year, 20 per
centum shall be made available to metropol-
itan areas and consolidated jurisdictions of
populations in excess of 500,000 for the pur-
pose of assisting the State in providing a
comprehensive drug control program in an
area determined to have an extensive drug
control problem. ,
(c) Each State shall indicate the need for
such funds through the submission of the
State strategy and application. The Bureau
will evaluate the strategy to determine
those major cities with the most critical
drug control problems, including the re-
sources to" be committed by the State and
local units of government, and the planned
activities for drug control. After site selec-
tions are made, the Bureau shall request
formal applications.
(d) Of the total amount appropriated for
this part in any fiscal year, 5 per centum
shall be made available for the purpose of
evaluation of programs and projects con-
tained in this subtitle.
SEC. 131. PERIOD OF AWARD.
The Bureau may provide financial aid and
assistance to programs and projects under
this part for a period not to exceed 3 years.
Grants made pursuant to this part may be
extended or renewed by,the Bureau for an
additional period of up to 2 years if-
(1) an evaluation of the program or
project indicates that it has been effective
in achieving the stated goals and offers the
potential for improving the drug control
problem; and
(2) the State, unit of local government, or
combination thereof and private nonprofit
organizations within which the program or
project has been conducted agrees to pro-
vide at least one-half of the total cost of
such program or project from formula grant
funds or from any other source of funds.
PART D-TARGETED STATE AND LOCAL
STRATEGIC DRUG CONTROL PLAN
SEC. 132..LOCAL PRIORITIES AND PROGRAMS.
It is the intent of this part to establish an
ongoing process for integrating Federal,
State, and local priorities and programs.
SEC. 133. PLAN.
(a) The Bureau is directed to complete an
annual National Strategic Drug Control
Plan which targets the most critical drug
control problems that are most effectively
resolved at the State and local levels.
(b) Such plan shall be developed by the
Bureau in consultation with the State Drug
Control Boards and those Federal agencies
and boards authorized to engage in drug
control, programs including, but not limited
to, the Federal Bureau of Investigation,
Drug Enforcement Administration, U.S.
Customs, Department of the Treasury, De-
partment of Defense, Department of Educa-
tion, Department of Health and Human Re-
sources, and the Department of Justice and
agencies thereof.
(c) Each annual plan shall include an as-
sessment of the current drug control prob-
lem, emerging trends, critical response
areas, resource assessment, coordination re-
quirements, and objectives for the next
fiscal year.
(d) Such plan shall effect the coordination
of resources and strategies at the Federal,
State, and local levels culminating in a
March 23, 1988
"blueprint" for action involving the Con-
gress, the Executive Branch, and Federal
drug control agencies in total cooperation
with units of State and local government.
PART E-MISCELLANEOUS AMENDMENTS
TO JUSTICE ASSISTANCE ACT OF 1984
SEC. 133A. AMENDMENTS TO 42 U.S.C. 3769 CRIMINAL.
JUSTICE _ FACILITY CONSTRUCTION
PILOT PROGRAM.
(a) The heading for part F of title I of the
Omnibus Crime Control and Safe .Streets
Act of 1968 (42 U.S.C. 3701-3799) is amend-
ed by deleting "Pilot".
(b) Section 602(a)(1) of part F of - such Act
(42 U.S.C. 3769a) is amended by deleting ",
with the concurrence of the Director of the
National Institute of Corrections estab-
lished in chapter 315 of title 18, United
States Code,".
(c) Section 603(b)(1)(B) of.part F of such
Act (42 U.S.C. 3769b) is amended by deleting
"20" and inserting in lieu thereof "80".
(d) Section 603(c) of part F of such Act (42
U.S.C. 3769b) is amended by deleting "20"
and inserting in lieu thereof "80".
PART F-ADMINISTRATIVE PROVISIONS
SEC 134.. RULES; REGULATIONS.
The Bureau is authorized to establish
such rules, regulations, and procedures as
may be necessary to carry out the purposes
of this subtitle.
SEC. 135: DOCUMENTS.
The Bureau shall, within 120 days follow-
ing the date of the enactment of this Act,
prepare both a "Program Brief" and "Im-
plementation Guide" documents for each of
the programs and projects contained in the
formula grant program.
SEC. 136. FUNCTIONS NOT TO BE TRANSFERRED.
. The functions, powers, and, duties speci-
fied in this subtitle to be carried out by the
Bureau shall'not be transferred elsewhere
in the Department of Justice unless specifi-
cally hereafter authorized by the Congress
by law.
SEC. W. REIMBURSEMENTS.
The Bureau may arrange with and reim-
burse other Federal departments and agen-
cies for the performance of functions under
this subtitle only if the funds are to benefit
the units of State or local government.
Funds under this subtitle shall not be used
to supplement the budgets of other Federal
departments and agencies.
SEC. 138. OFFICERS; EMPLOYEES.
Subject to the civil service and classifica-
tion laws, the Bureau is authorized to select,'
appoint, employ, and fix the compensation
of such officers and employees as shall be
necessary to carry out its powers and duties
under this subtitle.
SEC. 139. PROGRAM AND PROJECT EVALUATION.
(a) The Bureau shall provide for the de-
velopment and, to the maximum extent fea-
sible, implementation of procedures for the
evaluation of programs and projects in
terms of their success in achieving the ends
for which they were intended, their con-
formity with the purposes and goals of the
State strategy, and their effectiveness in re-
-ducing drug control problems. State and
local units of government shall evaluate a
reasonable number of programs and
projects to be determined, and to provide
such results to the Bureau.
(b) The Bureau shall set aside 5 per
centum of part C funds for the purpose of
evaluation of programs and projects in part
B and part C and the effectiveness of State
strategy development and implementation
in selected States. Such results shall be in-
cluded in the State and Bureau reports.
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90MOO005ROO1300070005-1
March 23, 1988
CONGRESSIONAL RECORD - SENATE S 2863
SEC. 140. STATE PROGRAM AND PROJECT REPORTS.
(a) Each State which receives a grant
under part B of this subtitle shall submit to
the Bureau, for each year in which any part
of such grant is expended by a State or local
unit of government, a report which con-
tains-
(1) a summary of the activities carried out
with such grant and an assessment of the
impact of such activities on meeting the
needs identified in the State strategy sub-
mitted under this subtitle;
(2) a summary of activities carried out in
such year with any grant received under
part C of this subtitle by such State;
(3) the evaluation result of programs and
projects; and
(4) such other information that the
Bureau may require.
(b) The report required by subsection (a)
shall be submitted in such a form and by
such time as the Bureau may require.
SEC. 141. BUREAU PROGRAM AND PROJECT RE-
PORTS.
(a) Not later than 180 days after the end
of each fiscal year for which grants are
made under part B and part C of this sub-
title, the Director shall submit to the
Speaker of the House and the President pro
tempore of the Senate a report that in-
cludes with respect to each State=
(1) the aggregate amount of grants made
under parts B and C of this subtitle to such
State for such fiscal year;
(2) the amount of such grants expended
for each of the programs specified in part B;
(3) a summary-of the information provid-
ed by the States required by this part; and
(4) evaluation results of programs and
projects and State strategy implementation.
(b) Such report shall, in addition, be sub-
mitted by the Director to the Committees
on Appropriations of the House and Senate;
and the Committees on the Judiciary of the
Senate and the House for review.
SEC. 142. EXPENDITURE OF GRANTS; REPORTS.
(a) A grant made under part B Of this sub-
title may not be expended for more than 60
per centum of the costs of the identified
uses, in the aggregate, for which such grant
is received to carry out any purpose speci-
fied in part B, except that in the case of
funds distributed to an Indian tribe which
performs law enforcement functions (as de-
termined by the Secretary of the Interior)
for any such program or project, the
amount of such grant shall be equal to 100
per centum of such costs. The non-Federal
portion of the expenditures for such uses
shall be paid in cash.
(b)(1) Each State which receives a grant
under part B of this subtitle shall keep, and
shall require units of local government
which receive any part of such grant, to
keep, such records as the Director may re-
quire to facilitate an effective audit.
(2) The Director and the Comptroller
General of the United States shall have
access, for the purpose of audit and exami-
nation, to any books, documents, and
records of States, which receive grants, and
of units of local government which receive
any part of a grant made under part B, if in
the opinion of the Director or the Comp-
troller General, such books, documents, and
records are related to the receipt or use of
any such grant.
PART G-FUNDING
SEC. 143. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated,
to carry out the grant programs authorized
under this subtitle, $250,000,000 for the
fiscal year ending September 30, 1989;
$500,000,000 for the fiscal year ending Sep-
tember 30, 1990, of which up to 50 percent
shall be used to continue the programs and
projects for which grant funds were award-
ed in fiscal year 1989; and $750,000,000 for
the fiscal year ending September 30, 1991,
of which up to 50 percent shall be used to
continue the programs and projects for
which grant funds were awarded in fiscal
years 1989 and 1990.
SEC. 144. AUTHORIZATION OF ADDITIONAL PER-
SONNEL TO IMPLEMENT THE STATE
AND LOCAL NARCOTICS CONTROL AS-
SISTANCE ACT OF 1988.
There is authorized to be appropriated,
$5,000,000 in fiscal year 1989 for salaries and
expenses of the Bureau of Justice Assist-
ance: Provided, That such appropriation
shall be in addition to any appropriations
requested by.the President in his fiscal year
1989 budget as presented to the Congress on
February 18, 1988, or as provided in any reg-
ular appropriation Act or continuing resolu-
tion for the fiscal year ending September
30, 1989: Provided further, That such addi-
tional appropriation shall be used to hire an
additional 96 fulltime equivalent positions
and shall be used by the Bureau of Justice
Assistance only for the purposes of carrying
out the State and Local Narcotics Control
Assistance Act of 1988, as authorized under
this subtitle.
PART II-RELATIONSHIP WITH THE JUSTICE
ASSISTANCE ACT OF 1984
SEC. 145. ADMINISTRATION OF FUNDS.
(a) The Bureau of Justice Assistance shall
administer any funds available to it under
the Omnibus Crime Control and Safe
Streets Act of 1968 in such a manner as to
compensate for the quantum increase in
cases resulting from apprehensions and ac-
celerated prosecution of persons accused of
drug trafficking, possession, and related of-
fenses. Such concentration of resources is
intended to support the use of proven suc-
cessful programs of such Act for courts and
corrections agencies in processing drug cases
and offenders.
(b) State, metropolitan, and other jurisdic-
tions are encouraged to participate in fund-
ing under such Act and to integrate use of
these monies with funds allocated under
their drug statewide strategy in such a
manner as to assure the smooth functioning
of criminal justice administration in these
jurisdictions.
(c) The applicable program and project
matching requirements of the Omnibus
Crime Control and Safe Streets Act of 1968,
currently set at 50 percent State/local,
shall, on and after the effective date of this
section, be the same as the 3-year sliding
scale of increasing State and local contribu-
tion established under section 127 of part B
of this subtitle.
Subtitle C-Chemical Diversion and Trafficking
Act of 1988
SEC. 154. SHORT TITLE.
This subtitle may be cited as the "Chemi-
cal Diversion and Trafficking Act of 1988".
SEC. 155. PRECURSOR CHEMICALS AND ESSENTIAL
CHEMICALS.
Section 310 of the Controlled Substances
Act (21 U.S.C. 830) is amended to read as
follows:
"PRECURSOR CHEMICALS AND ESSENTIAL
CHEMICALS
"SEC. 310. (a)(1)(A) Except as provided
under paragraph (3), any person who manu-
factures, distributes, imports or exports a
Substance listed under subsection (d) shall
maintain records and make reports as the
Attorney General may by regulation require
concerning the distribution, receipt, sale,
importation or exportation of the listed sub-
stances.
"(B) Records required by this paragraph-
"M shall be in a form that is readily re-
trievable from ordinary business records;
and
"(ii) shall be kept and made available for
inspection and copying by officers or em-
ployees of the United States authorized by
the Attorney General, with regard to sub-
stances listed in subsection (d)(2), for 2
years and, with regard to substances listed
in subsection (d)(1), for no less than 2 years
and no more than 5 years as determined by
regulation of the Attorney General.
"(C) In establishing regulations concern-
ing required records and reports under this
paragraph, the Attorney General may es-
tablish a threshold quantity for record-
keeping and reporting requirements for
each listed chemical. Reports required by
the Attorney General shall be limited to
those necessary for the effective implemen-
tation of this title, such as reports ? of suspi-
cious purchases.
"(D) The Attorney General may include
in the information required to be main-
tained or reported under this paragraph the
following: -
"(i) The quantity, form, and manner in
which, and date on which, the substance
was distributed, imported or exported.
"(Ii)(I) In the case of the distribution or
exportation to an individual, the name, ad-
dress, and age of the individual and the type
of identification presented to establish the
identity of the individual.
"(II) In the case of the distribution or ex-
portation to an entity other than an individ-
ual, the name and address of the entity and
the name, address, and title of the individ-
ual ordering or receiving the substance and
the type of identification presented to es-
tablish the identity of the individual and of
the entity.
"(2)(A) Except as provided under para-
graph (3), no person may distribute a sub-
stance listed under subsection (d) unless the
recipient or purchaser presents to the dis-
tributor a certification of lawful use and
identification in order to establish the iden-
tity of the recipient or purchaser (and any
entity which the recipient or purchaser rep-
resents).
"(B) The certification of lawful use and
identification shall be of such a type as the
Attorney General establishes by regulation.
"(3) Under such conditions and to such
extent as the Attorney General establishes,
paragraphs (1) and (2) shall not apply to-
"(A) the distribution of listed substances
between agents or employees within a single
facility (as defined by the Attorney Gener-
al), if such agents or employees are acting in
the lawful and usual course of their busi-
ness or employment;
"(B) the delivery of listed substances to or
by a common or contract carrier for carriage
in the lawful and usual course of.its busi-
ness, or to or by a warehouseman for stor-
age in the lawful and usual course of its
business; but where such carriage or storage
is in connection with the distribution, im-
portation, or exportation of substances to a
third person, this subparagraph shall not
relieve the distributor, importer, or exporter
from compliance with paragraph (1) or (2);
"(C) any distribution, importation, or ex-
portation with respect to which the Attor-
ney General determines that the reports or
records required by paragraph (1) or the
presentation of identification or certifica-
tion required by paragraph (2) is not neces-
sary for the enforcement of this subchapter;
or
"(D) any distribution, importation, or ex-
portation of any drug product which con-
tains a listed substance and which can be
lawfully marketed or distributed in the
United States under the provisions of the
Food, Drug, and Cosmetic Act.
"(b) It shall be unlawful for any person
knowingly or intentionally-
Declassified and Approved For Release 2012/08/28: CIA-RDP90MOO005ROO1300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005ROO1300070005-1
S 2864 CONGRESSIONAL RECORD - SENATE
"(1) to import into the customs territory
of the United States from any place outside
thereof (but within the United States), or to
import into the United States from any
place outside thereof, any substance listed
under subsection (d) unless the substance is
imported for commercial, scientific, or other
legitimate uses, and is imported pursuant to
such notification or declaration require-
ments as the Attorney General may by reg-
ulation prescribe; and
"(2) to export from the United States to
any other country a substance listed under
subsection (d) unless there is furnished
(before export) to, the Attorney General
documentary proof that exportation is not
contrary to the laws or regulations of the
country of destination for consumption for
medical, commercial, scientific, or other le-
gitimate purposes, and is exported pursuant
to such notification or declaration require
ments as the Attorney General may by reg-
ulation prescribe.
"(c) The Attorney General may by rule-
"(1) add substances to the list in subsec-
tion (d) if the Attorney General finds that-
"(A) such substance is a precursor or es-
sential chemical which can be used to.manu-
facture a controlled substance; and
"(B) such substance is being used, in the
manufacture of controlled substances in vio-
lation of this title; or
"(2) delete a substance listed in subsection
(d) or added to the list by rule if the Attor-
ney General finds that its listing no longer
meets the criteria set forth in paragraph
(1).
"(d) The provisions of this title shall
apply to the following:
"(1) Precursor chemicals:
"(A) N-Acetylanthranilic acid.
"(B) Anthranille acid.
"(C) Ergotamine tartrate.
"(D) Ergonovine maleate. -
"(E) Phenylacetic acid.
"(F) Ephedrine.
"(G) Pseudoephedrine.
"(H) Benzyl cyanide.
"(I) Benzyl chloride.
"(J) Piperidine.
"(2) Essential chemicals:
"(A) Potassium permaganate..
"(B) Acetic anhydride.
"(C) Acetone.
"(D) Ethyl ether.
"(e) Any information which is reported to
or otherwise obtained by the Attorney Gen-
eral under this section and which is exempt
from disclosure pursuant to subsection (a)
of section 552 of title 5, United States Code.
by reason of subsection (b)(4) thereof shall
be considered confidential and shall not be
disclosed, except that such information may
be disclosed to officers or employees of the
United -States concerned with carrying out
this title or title III or when relevant in any
proceeding for the enforcement of this title
or title III or when necessary to meet
United States treaty obligations.
"(f) For purposes of this title:
"(1) The term 'import' has the meaning
given such term in section 1001 of title III
(21 U.S.C. 951(a)(1)).
"(2) The term 'customs territory of the
United States' has the meaning assigned to
such term by section 1001 of title III (21
U.S.C. 951(a)(2)).
"(g)(1) No person may distribute, sell,
import, export, or otherwise transfer to an-
other person any commercial tableting ma-
chine or encapsulating machine unless the
purchaser, recipient, transferee, or his agent
presents to the distributor or supplier a cer-
tification of lawful use and identification to
establish the identity of the recipient or
purchaser (and any entity which the recipi-
ent or purchaser represents) of such a type
as the Attorney General by regulation may
establish.
"(2) Any person who distributes, sells, im-
ports, exports, or otherwise transfers to an-
other person any commercial tableting ma-
chine or encapsulating machine shall report
the transfer to the Attorney General in
such a form as the Attorney General may
by regulation require. The Attorney Gener-
al may require such information as the date
of sale or transfer, name and address of
transferee, purpose for which the machine
is intended, and the serial numbers and
make and model of the machine.
"(h) An interested person (by petition) or
the Attorney General may initiate action to
add or delete chemicals pursuant to subsec-
tion (c).".
SEC. 156. CRIMINAL PENALTIES.
(a) Section 401(d) of the Controlled Sub-
stances Act (21 U.S.C. 841(d)(1)) is amended
to read as follows:
"(d) Any person who knowingly or inten-
tionally-
"(1) possesses any precursor chemical or
essential chemical listed under section
310(d) with the intent to manufacture any
controlled substance, except as authorized
by this title;
"(2) possesses or distributes any precursor
chemical or essential chemical listed under
section 310(d), knowing or having reasona-
ble cause to believe, that such chemical so
possessed or distributed will be used to man-
ufacture a controlled substance, except as
authorized by this title;
"(3) manufactures, distributes, imports, or
exports a precursor chemical or essential
chemical listed under section 310(d) except
as provided for by this title,
"(4) possesses any precursor chemical or
essential chemical listed under section
310(d), with knowledge that the recordkeep-
ing or reporting requirements of section
310(a) or regulations issued pursuant to sec-
tion 310(a) have not been complied with, or
"(5) with the intent of causing the evasion
of the recordkeeping or reporting require-
ments of section 310(a) of the regulations
issued thereunder, receives or distributes a
reportable amount of any chemical listed
under section 310(d) in units small enough
so that the making of records or filing of re-
ports under section 310(a) is not required,
shall be sentenced to a term of imprison-_
meet of not more than 5 years, a fine not to
exceed the greater of that authorized In ac-
cordance with the provisions of title 18,
United States Code, or $250,000 if the de-
fendant is an individual or $1,000,000 if the
defendant is other than an individual, or
both.".
(b) Section 402(a)(9) of the Controlled
Substances Act (21 U.S.C. 842(a)(9)) is
amended by-
(1) striking out "or sell piperidine" and re-
placing it with "a precursor chemical or es-
sential chemical listed under section
310(d)"; and
(2) adding "or certification" after "identi-
fication".
(c) Section 402(c)(2) of the Controlled
,Substances Act (21 U.S.C. 842(c)(2)) is
amended by striking out subparagraph (C).
(d) Section 403(a) of the Controlled Sub-
stances Act (21 U.S.C. 843(a)) is amended-
(1) in clause (4)(B) by striking out "piperi-
dine" and inserting in lieu thereof "a pre-
cursor chemical or essential chemical listed
under section 310(d)";
(2) in clause (4)(B) by adding "or certifi-
cate" after "identification" where It ap-
pears;
(3) in paragraph (4) by striking out "or"
after the semicolon;
March 28, 1988
(4) in paragraph (5) by striking out the
period and inserting in lieu thereof ' ; or";
and
(5) by adding the following paragraphs at
the end thereof:
"(6) to possess any drug manufacturing
equipment, tableting or encapsulating ma-
chines, or gelatin capsules with intent to
manufacture a controlled substance except
as authorized by this title; or
"(7) to manufacture, distribute, or import
any drug manufacturing equipment, tablet-
Ing or encapsulating machines, or gelatin
capsules knowing, or having reasonable
cause to believe, that they will be used to
manufacture a controlled substance except
as authorized by this title.".
(e) Section 403(c) of the Controlled Sub-
stances Act (21 U.S.C. 843(c)) is amended by
adding at the end thereof the following. "In
addition, any person convicted of a violation
of this section or section 401 relating to the
receipt, distribution, importation, or expor-
tation of substances listed in section 310(d)
shall be enjoined from conducting business
activities involving such substances for a
minimum of 10 years.".
(f) Section 1961(1) of title 18, United
States Code, is amended by inserting "in-
cluding precursor and essential chemicals
(as defined in section 310 of the Controlled
Substances Act)," after "dangerous drugs,"
each time it appears.
(g) Section 2516(1)(e) of title 18, United
States Code, is amended by inserting "'in-
cluding precursor and essential 'chemicals
(as defined in section 310 of the Controlled
Substances Act)," after "dangerous drugs,".
SEC. 157. FORFEITURES.
Section 511(a) of the Controlled Sub-
stances Act (21 U.S.C. 881) is amended by
adding a new paragraph (9) as follows:
"(9) All chemicals listed under section
310(d), all drug manufacturing equipment,
all tableting or encapsulating machines, and
all gelatin. capsules. which have been im-
ported, exported, manufactured, possessed,
distributed, or intended to be distributed, in
violation of this title; as well as all convey-
ances and equipment, including aircraft, ve-
hicles; or vessels, which are used, or are in-
tended for use, to transport, or in any way
facilitate the transportation; distribution,
receipt, possession, or concealment of pre-
cursor chemicals and essential chemicals,
drug manufacturing equipment, tableting or
encapsulating machines, or gelatin capsules,
in violation of this title, except as provided
for under subparagraphs (A) and (B) of
paragraph (4).".
SEC: 158. DEFINITIONS.
Section 102 of the Controlled Substances
Act (21 U.S.C. 802) is amended-
(1) in paragraph (11), by inserting after "a
controlled substance" both places it appears
the following: "or a precursor chemical or
essential chemical listed under section
310(d)";
(2) in paragraph (8), by inserting "or a
precursor chemical or essential chemical"
after "a controlled substance"; and
(3) by adding at the end thereof the fol-
lowing new paragraphs:
"(33) The term 'precursor chemical'
means a substance that may be used In the
chemical process of manufacturing con-
trolled substances and which is incorporated
into the final product and is therefore criti-
cal to its manufacture.
"(34) The term-'essential chemical' means
a substance that may be used in the chemi-
cal process of manufacturing controlled sub-
stances as a solvent, reagent, or catalyst.".
SEC 169. TECHNICAL AMENDMENTS.
(a) Section 506(a) of the Controlled Sub-
stances Act (21 U.S.C. 876(a)) is amended by
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005ROO1300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
March 23, 1988
CONGRESSIONAL RECORD - SENATE S 2865
adding "or precursor chemicals or essential
chemicals" after "with respect to controlled
substances".
(b) The table of sections for part C of the
Controlled Substances Act is amended by
striking out the item relating to section 310
and inserting the following in lieu thereof:
"310. Precursor chemicals and essential
chemicals.".
SEC. 160. ACTIVE DEPARTMENT OF JUSTICE CON.
TROL PROGRAM.
The Attorney General shall maintain an
active program, both domestic and intetria-
tional, to curtail the diversion of precursor
chemicals and essential chemicals used in
the illicit manufacture of controlled sub-
stances. This program shall include appro-
priate controls on the purchase, sale,
import, and export of these chemicals and
development of cooperative efforts with for-
eign drug control authorities.
SEC. 161. EFFECTIVE DATE.
This subtitle shall take effect 120 days
after the date of enactment of this Act.
Subtitle D-Comprehensive Federal Law
Enforcement Officer Improvements Act of 1988
SEC. 171. SHORT TITLE.
This subtitle may be cited as the "Com-
prehensive Federal Law Enforcement Offi-
cer Improvements Act of 1988".
SEC. 172. RESTORATION OF HAZARDOUS DUTY
EARLY RETIREMENT OPTION UNDER
FEDERAL EMPLOYEES' RETIREMENT
SYSTEM.
Section 8401(17)(E) of title 5, United
States Code, is amended by striking out "for
at least 10 years" and inserting in lieu there-
of "for at least 3 years".
SEC. 173. AMENDMENTS TO THE OMNIBUS CRIME
CONTROL AND SAFE STREETS ACT OF
1968.
(a) Section 1201(a) of title I of the Omni-
bus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796(a)) is amended by strik-
ing out "$50,000" and inserting in lieu there-
of "$100,000".
(b) Section 1201(a)(4) of title I of the Om-
nibus Crime Control and Safe Streets Act of
1968 (42. U.S.C. 3796(a)(4)) is amended by
striking out "dependent".
SEC. 174. DEFINITIONS.
As used in this section and sections 176,
177, and 178-
(1) the term "Commission" means the Na-
tional Advisory Commission on Law En-
forcement;
(2) the term "Commissioner" means a
member of the National Advisory Commis-
sion on Law Enforcement; and
(3) the term "law enforcement officer"
has the same meaning as provided in section
8401(17) of title 5, United States Code.
SEC. 175. ESTABLISHMENT AND PURPOSES OF THE
NATIONAL ADVISORY COMMISSION
ON LAW ENFORCEMENT.
(a) There is established as an independent
commission in the legislative branch of the
United States a National Advisory Commis-
sion on Law Enforcement, which shall con-
sist of the following members:
(1) four members of the United States
Senate, two of whom shall be selected by
the Majority Leader and two of whom shall
be selected by the Minority Leader;
(2) four members of the United States
House of Representatives, two of whom
shall be selected by the Speaker and two of
whom shall be selected by the Minority
Leader,
(3) the Comptroller General of the United
States, who shall also serve as Chairman of
the Commission;
(4) the Director of the Office of Personnel
Management;
(5) the Attorney General of the United
States and three other officials of the. De-
partment of Justice who shall be designated
by the Attorney General;
(6) the Secretary of the Treasury and two
other officials of the Department of the
Treasury who shall be designated by the
Secretary of the Treasury;
(7) the Inspector Generals of three de-
partments or agencies of the executive
branch of the United States who shall be
designated by the President of the United
States; and
(8) three representatives from Federal em-
ployee groups to be selected by the Office of
Personnel Management after consultation
with the Speaker of the House and the Ma-
jority Leader of the Senate.
(b) The Commission shall study the meth-
ods and rates of compensation, including
salary, overtime pay, and other benefits of
law enforcement' officers in all Federal
agencies, as well as the methods and rates of
compensation of State and local law en-
forcement officers in a representative
number of areas where Federal law enforce-
ment officers are assigned, in order to deter-
mine-
(1) the differences which exist among
Federal agencies with regard to the meth-
ods and rates of compensation for law en-
forcement officers;
(2) the rational basis, if any, for such dif-
ferences, considering the nature of the re-
sponsibilities of the law enforcement offi-
cers in each agency; the qualifications and
training required to perform such responsi-
bilities; the degree of personal risk to which
the law enforcement officers in each agency
are normally exposed in the performance of
their duties; and such other factors as the
Commission deems relevant in evaluating
-the differences in compensation among the
various agencies;
(3) the extent to which inequities appear
to exist among Federal agencies with regard
to the methods and rates of compensation
of law enforcement officers, based on con-
sideration of the factors mentioned in para-
graph (2) of this subsection;
(4) the feasibility of devising a uniform
system of overtime compensation for law
enforcement officers in all or most Federal
agencies, with due regard for both the spe-
cial needs of law enforcement officers and
the relative cost effectiveness to the Gov-
ernment of such a system compared to
those currently in use;
(5) how the salaries paid to Federal law
enforcement officers compare to those of
State and local officers in the same geo-
graphical area, especially those in "high
cost-of-living" areas;
(6) the impact of the rates of compensa-
tion paid by various Federal agencies on the
lifestyle, morale, and general well-being of
law enforcement officers, including their
ability to subsist;
(7) the recruiting and retention problems
experienced by Federal agencies due to: in-
equities in compensation among such agen-
cies; the differences between rates of com-
pensation paid to Federal law enforcement
officers and State and local officers in the
same geographical areas; and other factors
related to compensation; and
(8) the extent to which Federal legislation
and administrative regulations may be nec-
essary or appropriate to rectify inequities
among Federal agencies in the methods and
rates of compensation for law enforcement
officers; to address the lack of uniformity
among agencies with regard to overtime
pay; to provide premiums or special rates of
pay for Federal law enforcement officers in
high cost-of-living areas; to ensure that the
levels of compensation paid to Federal law
enforcement officers will be competitive
with those paid to State and local officers in
the same geographical areas; and to address
such other matters related to the determi-
nations made under this subsection as the
Commission deems appropriate in the inter-
ests of enhancing the ability of Federal
agencies to recruit and retain the most
qualified and capable law enforcement offi-
cers.
SEC. 176. POWERS OF THE COMMISSION.
(a) The Commission shall have the power
to-
(1) utilize, with their consent, the services,
equipment, personnel, information, and fa-
cilities of other Federal, State. local, and
private agencies and instrumentalities with
or without reimbursement therefor;
(2) enter into and perform, without regard
to section 3324 of title 31, United States
Code, such contracts, leases, cooperative
agreements, and other transactions as may
be necessary in the conduct of the functions
of the Commission, with any public agency,
or with any person, firm, association, corpo-
ration, educational Institution, or nonprofit
organization; - -
(3) request such information, data, and re-
ports from any Federal agency or instru-
mentality as the Commission may from time
to time require and as may be produced con-
sistent with other law; and
(4) hold hearings and call witnesses that
might assist the Commission in the exercise
of its powers or duties.
(b) The Commission shall have such other
powers as may be necessary to carry out its
functions under this Act and may delegate
to any member or designated person such
powers as may be appropriate in the con-
duct of its functions.
(c) Upon the request of the Commission,
each Federal agency is authorized and di-
rected to make its resources, services, equip-
ment, personnel, facilities, and information
available to the greatest practicable extent
to the Commission in the execution of its
functions.
(d) Each Commissioner may utilize the re-
sources, services, equipment, personnel, in-
formation, and facilities of his or her Feder-
al agency or, in the case of the Commission-
ers who are members of Congress, his or her
congressional office, as may be necessary in
the conduct of the Commissioner's respec-
tive functions as a member of the Commis-
sion.
(e) A simple majority of the Commission-
ers then serving shall constitute a quorum
for the conduct of business by the Commis-
sion, and the Commission may exercise its
powers and fulfill its duties by the vote of a
simple majority of the Commissioners
present.
(f) The Chairman of the Commission shall
call and preside at meetings of the Commis-
sion, but the Chairman may delegate to any
other Commissioner the authority to pre-
side at meetings of the Commission.
SEC. 177. REPORT AND DISSOLUTION OF COMMIS.
SION.
(a) Within 6 months following the date of
enactment of this Act, the Commission shall
prepare and deliver to the President of the
United States, the President of the Senate,
and the Speaker of the House of Represent-
atives, a written report setting forth-
(1) the findings and determinations made
by the Commission pursuant to section
176(b); and
(2) specific proposals for such legislation
and administrative regulations as'the Com-
mission has determined to be necessary or
appropriate pursuant to section 176(b)(8).
(b) The Commission shall be terminated
60 -days following submission of the report
mandated by this section.
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
S 2866 CONGRESSIONAL RECORD - SENATE
Subtitle E-Deportation of Convicted Foreign
Drug Inmates
SEC. 182. SHORT TITLE.
This subtitle may be cited as the "Violent
CriminalAlien Deportation Act".
SEC. 183. DEFINITIONS.
(a) The term "violent criminal alien" for
purposes of this subtitle means any alien,
including an alien crewman, who has been
convicted and sentenced for an aggravated
violent felony in a United States district
court or in a court of record of any State,
territory, possession, or in the District of
Columbia.
(b) The term "aggravated violent felony"
for purposes of this subtitle means (1) any
offense, attempt, or conspiracy involving
murder, assault and battery against a police
officer, peace officer, or other law enforce-
ment officer, kidnapping, arson, robbery, ex-
tortion, burglary, rape, forcible sodomy, or
dealing in narcotic or other dangerous drugs
which is chargeable under State law and
punishable by imprisonment for more-than
one year, or (2) any offense or conspiracy to
commit any offense which is indictable
under any of the following provisions of the
United States Code; 18 U.S.C. 111 (relating
to assault on a Federal officer); 18 U.S.C.
351 (relating to assault of a Member of Con-
gress, Cabinet officer, or Supreme Court
Justice); 18 U.S.C. 891-894 (relating to ex-
tortionate credit transactions); 18 U.S.C.
1114 (relating to the homicide of a Federal
law enforcement officer); 18 U.S.C. 1201 (re-
lating to kidnapping); 18 U.S.C. 1751 (relat-
ing to the homicide of the President); 18
U.S.C. 1951, 1952, 1952A, and 1952B (relat-
ing to interference with commerce by
threats or violence); 18 U.S.C. 2113 and 2118
(relating to robbery); 18 U.S.C. 2421-24 (re-
lating to white slave traffic); subsections (i),
(j), (k), and (1) of section 902 of the Federal
Aviation Act of 1958 (relating to aircraft
piracy); or the felonious manufacture, im-
portation, receiving, concealment, buying,
selling, or otherwise dealing in narcotic or
other dangerous drugs, including precursor
and essential chemicals (as defined in sec-
tion 310 of the Controlled Substances Act),
punishable under any law of the United,
States.
SEC. 184. ADDITIONAL GROUNDS FOR DEPORTA.
TION; GROUNDS FOR APPEAL.
(a) Notwithstanding any other provision
of law, except section 243(h) of the Immi-
gration and Nationality Act, any alien in the
United States (including an alien crewman)
shall, upon the order of the Attorney Gen-
eral, be deported as a violent criminal alien
if such alien has been convicted and sen-
tenced in a United States district court or in
a court of record of any State, territory,
possession, or in the District of Columbia
for an aggravated violent felony and such
conviction and sentence shall revoke by op-
eration of law the permanent resident
status of any alien and such conviction and
sentence shall serve as conclusive evidence
of the deportability of any alien.
(b) Notwithstanding any other provision
of law, the District Director of the Immigra-
tion and Naturalization Service for the dis-
trict in which it appears that an alien was
convicted and sentenced for an aggravated
violent felony shall, on behalf of the Attor-
ney General, issue and order of deportation
for the alleged violent criminal alien which
shall be effective as of the date of sentence.
(c) Notwithstanding any other provision
.of law, an order of deportation for an al-
leged violent criminal alien, in his native
language, shall be personally served on the
alleged violent criminal alien named there-
in. Said order of deportation shall be simply
worded to inform the alleged violent crimi-
nal alien of at least the following informa-
tion:
(1) the data and the court in which the
subject of the order of deportation.was con-
victed and sentenced for an alleged aggra-
vated violent felony;
(2) a description, including the citation, of
the crime alleged to be the aggravated vio-
lent felony;
(3) a notice that the order of deportation
will become a final order of deportation
unless the subject of the order petitions a
United States district court to vacate the
order of deportation within 30 days of its
personal service on the alleged violent crimi-
nal alien; and
(4) an explanation of the procedure to
vacate the order of deportation.
(d)(1) Notwithstanding any other provi-
sion of law, a person alleged to be a violent
criminal alien may petition a United States
district court to vacate an order of deporta-
tion on the grounds that he is a United
States citizen and therefore not subject to
an order of deportation, that he is not the
person named in the order of deportation as
having been convicted and sentenced for the
aggravated violent felony which is the basis
for the order of deportation, or that the
conviction which is the basis for the order
of deportation is not an aggravated violent
felony as that term is defined in this Act.
(2) A petition to vacate an order of depor-
tation by the person named therein as a vio-
lent criminal alien must set forth under
oath the ground or grounds, set forth in
subsection (a), upon which the alleged vio-
lent criminal alien seeks to vacate his order
of deportation. If petitioner claims United
States citizenship, he must allege the names
of his natural mother and father and the
date and place of his birth.
(3) A petition by an alleged violent crimi-
nal alien to vacate an order of deportation
must be served on the United States Attor-
ney for the judicial district in which the pe-
tition is filed. Within 30 days of service
upon the appropriate United States Attor-
ney, a reply shall be filed with the district
court and served upon the alleged violent
criminal alien or his attorney acknowledg-
ing or disputing, with appropriate documen-
tary evidence, the ground or grounds al-
leged in the petition as the basis to vacate
the order of deportation.
(4) Within 30 days of the service on the al-
leged violent criminal alien or his attorney
of the reply of the United States Attorney,
a United States district judge may conduct a
hearing, without a jury, to resolve any dis-
puted questions of fact as to whether the
person alleged to be a violent criminal alien
is a United States citizen, or as to whether
the person who is the subject of the order
of deportation was convicted and sentenced
for an aggravated violent felony as that
term is defined in this Act, or as to whether
the crime alleged in the order of deporta-
tion is an aggravated violent felony as that
term is defined in this Act. The burden of
proof by a preponderance of the evidence is
upon the petitioner to establish United
States citizenship and the burden of proof
by a preponderance of evidence Is upon the
United States to establish that the person
named in the order of deportation is peti-
tioner or that petitioner was convicted and
sentenced for an aggravated violent felony,
as that term is defined in this Act. The Fed-
eral Rules of Evidence shall apply to this
hearing. At the conclusion of the hearing
the United States district court must make
a finding as to whether, petitioner is a vio-
lent criminal alien and thus subject to de-
portation pursuant to this Act. If petitioner
is adjudicated a violent criminal alien, the
court shall -issue a final order of deporta-
tion.
March 23, 1988
(5) Petitioner may appeal a final order of
deportation, issued pursuant to this subtitle,
to the appropriate United States court of
appeals, and said order of deportation shall
be stayed pending the decision and order of
the court of appeals. The United States may
appeal the vacatur of an order of deporta-
tion, issued pursuant to this subtitle, to the
appropriate United States court of appeals.
(e) Notwithstanding any other provision
of law, when the conviction and sentence of
an aggravated violent felony, which served
as the basis for the deportation of a person
who had previously been lawfully admitted
for permanent residence, is reversed by a
United States district court or by a court of
record of any State, territory, possession, or
in the District of Columbia, the alien may
petition the Attorney General from his
native country for discretionary reinstate-
ment of the status of an alien lawfully ad-
mitted for permanent residence.
(f) Nothing in this subtitle shall be con-
strued as altering the authority of a special
inquiry officer with respect to proceedings
to determine the deportability- of aliens
other than violent criminal aliens.
SEC. 185. AMENDMENTS.
Section 276 of the Immigration and Na-
tionality Act is amended-
(1) by striking out "Any alien" and insert-
ing in lieu thereof "(a) Subject to subsection
(b), any alien", and
(2) by adding at the end thereof the fol-
lowing:
"(b)(1) Notwithstanding subsection (a), in
the case of any alien described in subsection
(a)-
"(A) whose deportation was subsequent to
a conviction for commission of a felony
(other than an aggravated violent felony),
such alien shall be punishable by imprison-
ment for not more than 5 years, or a fine of
not more than $10,000, or both, or
"(B) whose deportation was subsequent to
a conviction of commission of an aggravated
violent felony, such alien shall be punish-
able by imprisonment for not more than 15
years and by a fine of not more than
$20,000.
"(2) For purposes of this subsection, the
term 'aggravated violent felony' is as de-
fined in section 183(b) of the Violent Crimi-
nal Alien Deportation Act.".
Subtitle F-Customs Enforcement Amendments
Act of 1988
SEC. 187. SHORT TITLE: AMENDMENTS.
(a) This subtitle may be cited as the "Cus-
toms Enforcement Amendments Act of
1988".
(b)(1) Section 1956(c)(7)(D) of title 18,
United States Code, is amended by striking
out "section 543" and inserting "section
545".
(2) Section 1822(e) of the Mail Order Drug
Paraphernalia Control Act is amended by
striking out "upon conviction- of a person
for such violation".
SEC. 188. AMENDMENTS TO THE TARIFF ACT OF
1930.
(a) Section 431(c)(1)(G) of the Tariff Act
of 1930 (19 U.S.C. 1431(c)(1)(G)) is amended
by striking out "or" and inserting in lieu
thereof "of".
(b) Section 433 of the Tariff Act of 1930
(19 U.S.C. 1433) is amended by-
(1) striking out the section heading and
inserting in lieu thereof:
"SEC. 433. VESSELS, VEHICLES, AND AIRCRAFT RE-
PORTING REQUIREMENTS.";
(2) striking out "ARRIVAL" and inserting in
lieu thereof "REPORTING REQUIREMENTS" in
the caption of subsection (c);
(3) redesignating the content of subsec-
tion (c) as subsection (c)(1); and
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
March 23, 1988 CONGRESSIONAL RECORD - SENATE
(4) inserting the following at the end of
subsection (c)(1):
"(2) The pilot of any aircraft shall, prior
to departing the United States, comply with
such advance notification and reporting re-
quirements as the Secretary may by regula-
tion prescribe.".
(c) Section 436 of the Tariff Act of 1930
(19 U.S.C. 1436) is amended by-
(1) inserting ", except for violations of sec-
tion 433(c)(2)," after "listed in subsection
(a)" in subsection (b); and
(2) inserting the following new subsection
after subsection (d):
"(e) Any aircraft pilot who commits any
violation of section 433(c)(2) of this Act, or
any regulations promulgated thereunder, is
liable for a civil penalty of $25,000 for the
first, violation, and $100,000 for each subse-
quent violation, and any conveyance used in
connection with any such violation is sub-
ject to seizure and forfeiture.".
(d) Section 497(a)(2)(A) of the Tariff Act
of 1930 (19 U.S.C. 1497), is amended by
striking out "200 percent " and inserting in
lieu thereof "1,000 percent".
(e) Section 581 of the Tariff Act of 1930
(19 U.S.C. 1581) is amended by adding at the
end thereof the following new subsection:
"(i) For purposes of this section, the term
'authorized place' includes-
"(1) with respect to a vehicle, any location
in a foreign country at which United States
customs officers are permitted to conduct
inspections, examinations, or searches;
"(2) with respect to a vessel-
"(A) the high seas if the vessel is-
"(I) a vessel of the United States as de-
fined in section 3 of Public Law 96-350 (46
U.S.C. 1903) or section 3 of the Anti-Smug-
gling Act (19 U.S.C. 1703);
"(ii) a vessel registered in a foreign nation
or a vessel with a foreign nationality where
the flag state has consented or waived ob-
jection to boardings or examinations by
United States officials; or
"(iii) a vessel without nationality or a
vessel assimilated to a vessel without nation-
ality, in accordance with paragraph (2) or
article 6 of the 1958 Convention on the
High Seas; and
"(B) the territorial seas, internal waters,
or contiguous zone of a foreign country, if
that country consents to boardings or ex-
aminations by United States officials; and
"(3) with respect to aircraft to which this
section applies by virtue of section .644 or
section 1109 of the Federal Aviation Act (49
U.S.C. 1509) or regulations issued thereun-
der, any location in a foreign country at
which' United States customs officers are
permitted to conduct inspections, examina-
tion, or searches.".
(f) Section 609 of the Tariff Act of 1930
(19 U.S.C. 1609) is amended by-
(1) adding the following sentence at the
end of subsection (a): "A declaration of for-
feiture under this section shall have the
same force and effect as a final decree and
order of forfeiture in a judicial forfeiture
proceeding in" a United States District
Court. Title shall be deemed to vest in the
United States free and clear of any liens or
encumbrances (except for first preferred
ship mortgages pursuant to 46 U.S.C. 961)
from the date of the act for which the for-
feiture was incurred. Officials of the various
States, insular, possessions, territories and
commonwealths shall, upon application of
the appropriate customs officer accompa-
nied by a certified copy of the declaration of
forfeiture, remove any recorded liens. or en-
cumbrances which apply to such property
and issue or reissue the necessary certifi-
cates of title, registration certificates, or
similar documents to the United States or to
any transferee of the United States."; and
(2) by striking out "During the period be-
ginning on October 30, 1984, and ending on
September 30, 1987, the" in subsection (b)
and inserting in lieu thereof "The".
(g) Subsection (c) of section 616 of the
Tariff Act of 1930 (19 U.S.C. 1616a(c)) is
amended by-
(1) inserting "is authorized to retain for-
feited property for official use, or the Secre-
tary" after "the Secretary of the Treasury";
and
(2) striking out "which participated direct-
ly in the seizure or forfeiture of the proper-
ty" and inserting in lieu thereof "that coop-
erates with the United States Customs Serv-
ice in joint law enforcement operations. The
Secretary is also authorized to transfer for-
feited property to foreign governments that
cooperate with the United States Customs
Service in joint law enforcement oper-
ations".
(h) Part V of title IV of the Tariff Act of
1930 is amended by inserting the following
new section after section 619:
"SEC. 630. FINES IN CERTAIN CASES.
"Any person who is convicted of a crimi-
nal offense under any law administered or
enforced by the Customs Service involving
the Bank Secrecy Act (31 U.S.C. 5311-5322),
Money Laundering (18 U.S.C. 1956 and
1957), or the Controlled Substances Act (21
U.S.C. 801 et seq.), shall be fined the reason-
able costs of the investigation and prosecu-
tion of the offense, including the costs of
prosecution of an.offense as defined in sec-
tions 1918 and 1920 of title 28, United States
Code, except that this sentence shall not
apply, and a fine under this section need not
be imposed, if the court determines under
the provision of title 18 of such Code that
the defendant lacks the ability to pay.".
SEC. 189. THE STAMPING OF CONTROLLED SUB-
STANCE VIOLATORS' PASSPORTS ACT
OF 1988.
(a) The Secretary of State is authorized to
make regulations prescribing procedures for
indicating on passports and other travel
documents issued by the United States, the
fact that the holder has been convicted of
an offense under a Federal or State law in-
volving controlled substances, or has been
assessed a fine or civil penalty or has in-
curred a forfeiture under any Federal or
State law involving controlled substances as
defined by section 102 of the Controlled
Substances Act (21 U.S.C. 802(6)).
(b) Upon conviction of any violation of a
Federal or State law involving controlled
substances as defined by the Controlled
Substances Act, or any criminal violation of
the Bank Secrecy Act (31 U.S.C. 5311-5322),
or Money Laundering Act (18 U.S.C. 1956
and 1957), the Secretary of State shall
revoke violators passports and other travel
documents.
(c) A person whose passport or other
travel documents shall have been revoked
under subsection (b) of this section for an
offense constituting a felony, shall not be
eligible to receive a passport or other travel
documents for 10 years from the date of the
conviction of the crime resulting in revoca-
tion. A person whose passport or other
travel documents shall have been revoked
under subsection (b) of this section for an
offense constituting a misdemeanor, shall
not be eligible to receive a passport or other
travel documents for 5 years from the date
of the conviction of the crime resulting in
revocation.
(d) No passport or other travel document
shall be issued to a person who has been
convicted of a Federal or State felony in-
volving controlled substances as defined by
the Controlled Substances Act or any crimi-
nal violation of the Bank Secrecy Act-(31
U.S.C. 5311-5322), or Money Laundering Act
S 2867
(18 U.S.C. 1956 and 1957), during the 20-
year period prior to the application. No
passport or other travel document shall be
issued to a person who has been convicted
of a Federal or State offense constituting a
misdemeanor involving controlled sub-
stances as defined by the Controlled Sub-
stances Act or any criminal violation of the
Bank Secrecy Act (31 U.S.C. 5311-5322), or
Money Laundering Act (18 U.S.C. 1956 and
1957), during the 5-year period prior to the
application.
SEC. 190. AMENDMENT TO'THE TARIFF ACT OF 1930.
Part V of title IV of the Tariff Act of 1930
is amended by inserting the following new
section after section 630:
"SEC. 631. OATHS AND SUBPENAS.
"(a) IN GENERAL.-For the purpose of any
investigation which, in the opinion of the
Secretary of the Treasury, is necessary and
proper to the enforcement of any law relat-
ing to the importation or exportation of any
prohibited merchandise, the Secretary of
the Treasury may administer oaths and af-
firmations, subpena witnesses, compel their
attendance, take evidence, and require the
production of records (including books,
papers, documents, and tangible things
which constitute or contain evidence) rele-
vant or material to the investigation. The
attendance of witnesses and the production
of records may be required from any place
within the customs territory of the United
States, except that a witness shall not be re-
quired to appear at any hearing distant
more than 100 miles from the place where
he was served with subpena. Witnesses sum-
moned by the Secretary shall be paid the
same fees and mileage that are paid wit-
nesses in the courts of the United States.
Oaths and affirmations may be made at any
place subject to the jurisdiction of the
United States.
"(b) SERVICE OF SUBPENAS.-A subpena of
the Secretary of the Treasury may be
served by any person designated in the sub-
pena, to serve it. Service upon a natural
person may be made by personal delivery of
the subpena to him. Service may be made
upon a domestic or foreign corporation or
upon a partnership or other unincorporated
association which is subject to suit under a
common name, by delivering the subpena to
an officer, a managing or general agent, or
to any other agent authorized by appoint-
ment or by law to receive service of process.
The affidavit of the person serving the sub-
pena entered on a true copy thereof by the
person serving it shall be proof of service.
"(C) ORDERS To COMPEL COMPLIANCE.-In
the case of contumacy by, or refusal to obey
a subpena issued to, any person, the Secre-
tary of the Treasury may invoke the aid of
any court of the United States within the
jurisdiction of which the investigation is
carried on, or of which the subpenaed
person is an inhabitant, carries on business,
or may be found, to compel compliance with
the subpena of the Secretary of the Treas-
ury. The court may issue an order requiring
the subpenaed person to appear before the
Secretary of the Treasury there to produce
records, if so ordered, or to give testimony
touching the matter under investigation,
and pay the costs of the proceeding. Any
failure to obey the order of the court may
be punished by the court as a contempt
thereof. All process in any such case may be
served in the judicial district whereof the
subpenaed person is an inhabitant or wher-
ever he may be found.".
SEC. 191. AMENDMENT TO TITLE 18. UNITED STATES
. (a) Section 1961(1)(B) of title 18, United
States Code, is amended by inserting "sec-
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005ROO1300070005-1
S 2868 CONGRESSIONAL RECORD - SENATE
tion 545 (relating.to smuggling)" immediate-
ly after "relating to counterfeiting),".
(b) Section 1981(1)(D) of title 18, United
States Code, is amended by striking out "or"
immediately after the last comma.
(c) Section 1961(1) of title 18, United
States Code, is amended by inserting imme-
diately before the semicolon at the end
thereof a comma and the following new
clauses: "(F) any act which is indictable
under section 38 of the Foreign Military
Sales Act (relating to the illegal exportation
of munitions) (22 U.S.C. 2778), (G) any act
which is indictable under section 11 of the
Export Administration Act of 1979 (relating
to the illegal exportation of merchandise)
(50 U.S.C. Appendix 2410), or section 3 of
the Trading With the Enemy Act (relating
to criminal violations), or (H) any act which
is indictable under section 203 of the Inter-
national Emergency Economic Powers Act
(relating to criminal sanctions) (50 U.S.C.
1702)".
(d) Subsection (f) of section 1109 of the
Federal Aviation Act of 1958 is amended by
adding the following sentence to the end
thereof:
"Any person who violates this subsection
or any regulation promulgated thereunder
shall be subject to a civil penalty of $10,000,
and any aircraft for which a report required
under this subsection or any regulation pro-
mulgated thereunder is not filed, or is filed
with material false statements or omissions,
shall be subject to seizure and forfeiture as
provided for in the Customs laws.".
Subtitle G-Authorization of Additional Appro-
priations for Drug Enforcement Personnel,
Fiscal Year 1989
SEC. 192. UNITED STATES COAST GUARD DRUG
INTERDICTION PERSONNEL ENHANCE-
MENT.
(a) There is authorized to be appropriated
for Operating Expenses of the Coast Guard
for fiscal year 1989, $45,000,000: Provided,
That such appropriation shall be in addition
to any appropriations requested by the
President in his fiscal year 1989 budget as
presented to Congress on February 18, 1988,
or provided in regular appropriations Acts
or continuing resolutions for the fiscal year
ending September 30, 1989: Provided fur-
ther, That such additional appropriations
shall be used to increase Coast Guard drug
enforcement personnel by no less than 800
full-time equivalent positions over personnel
levels onboard in the Coast Guard as of Sep-
tember 30, 1988.
(b) Nothing in this section shall require
the Coast Guard to recruit, compensate,
train, purchase, or deploy any personnel or
equipment except to the extent that-
(1) additional appropriations are made
available in appropriations Acts for that
purpose; or
(2) funds are transferred to the Secretary
of Transportation for that purpose pursu-
ant to this Act.
SEC. 193. UNITED STATES CUSTOMS SERVICE DRUG
INTERDICTION PERSONNEL ENHANCE-
MENT.
There is authorized to be appropriated for
Salaries and Expenses of the Customs Serv-
ice for fiscal year 1989, $30,000,000: Provid-
ed, That such appropriation shall be in addi-
tion to any appropriations requested by the
President in his budget presented to the
Congress on February 18, 1988, or appropri-
ated in any regular appropriations Act or
continuing resolution for the fiscal year
ending on September 30, 1989: Provided fur-
ther, That such additional appropriation
shall be used to increase drug enforcement
personnel at the Customs Service by no
fewer than. 600 full-time equivalent posi-
tions over the level of such personnel on-
board at the Customs Service as of Septem-
ber 30, 1988, and for related equipment.
SEC. 194. IMMIGRATION AND NATURALIZATION
SERVI('E/HORDER PATROL DRUG
INTERDICTION PERSONNEL ENHANCE-
MENT.
There is authorized to be appropriated for
Salaries and Expenses of the Border Patrol
within the Department of Justice for fiscal
year 1989, $20,000,000: Provided, That such
appropriation shall be in addition to any ap-
propriations requested by the President in
his budget presented to the Congress on
February 18, 1988, or appropriated in any
regular appropriations Act or continuing
resolution for the fiscal year ending on Sep-
tember 30, 1989: Provided further, That
such additional appropriation shall be used
to increase drug interdiction officers of the
Border Patrol by no fewer than 500 full-
time equivalent positions over the level of
such personnel onboard at the Border
Patrol as of September 30, 1988, and for re-
lated equipment: Provided further, That of
these additional personnel, 90 shall be for
drug interdiction support personnel and 10
for Border Patrol drug education officers.
SEC. 195. IMMIGRATION AND NATURALIZATION
SERVICE/CRIMINAL INVESTIGATOR
PERSONNEL ENHANCEMENT.
There is authorized to be appropriated for
Salaries and Expenses for the Immigration
and Naturalization Service for fiscal year
1989, $3,000,000: Provided, That such appro-
priation shall be in addition to any appro-
priations requested by the President in his
fiscal year 1989 budget as presented to Con-
gress on February 18, 1988, or provided in
regular appropriations Acts or continuing
resolutions for the fiscal year ending Sep-
tember 30, 1989: Provided further, That
such additional appropriations shall be used
to increase the number of criminal investi-
gator full-time equivalent positions by 50
over such personnel levels onboard at the
Service as of September 30, 1988, and for re-
lated equipment.
SEC. 195A. ORGANIZED CRIME DRUG ENFORCE.
MENT TASK FORCE, NEW YORK CITY
PILOT PROJECT AND REPORT.
(a) There is authorized to be appropriated
to the Immigration and Naturalization Serv-
ice in the Department of Justice for fiscal
year 1989, $16,100,000: Provided, That such
appropriation shall be in addition to any ap-
propriations requested by the President in
his fiscal year 1989 budget as presented to
Congress on February 18, 1988, or provided
in regular appropriations Acts or continuing
resolutions for the fiscal year ending Sep-
tember 30, 1989: Provided, That such addi-
tional appropriation shall be used to in-
crease the commitment of Immigration and
Naturalization. Service personnel to the Or-
ganized Crime Drug Enforcement Task
Force (OCDETF) in New York City, by 175
Senior Special Agent and support positions;
and for associated training and equipment;
and for costs incurred during INS agent par-
ticipation in OCDETF operations with
other Federal, State, and local law enforce-
ment agencies.
(b) The aforementioned positions shall,
under the supervision of a director for the
pilot project, be used exclusively to assist
Federal and local law enforcement agencies
in combatting illegal alien involvement in
drug trafficking and crimes of violence.
(c) The director of the pilot project shall
report to the Assistant Commissioner-In-
vestigations and will have the authority to-
-(1) hire a limited number of non-Federal
law enforcement officers with substantive
experience in narcotics investigations
should insufficient senior Federal agents be
available. Non-Federal law enforcement of-
ficers hired under this provision may be
over the age of 35, but in that event would
only be eligible for nonlaw enforcement re-
tirement benefits.
March 231 1988
(2) grant extensions of stay and other dis-
cretionary Immigration benefits and waivers
to witnesses, informants, and others whose
presence in the United States is essential to
the investigation and prosecution of crimi-
nal aliens involved In drug trafficking and
crimes of violence.
(d) After the first year of the establish-
ment of this pilot project the Attorney Gen-
eral will provide for an evaluation of its ef-
fectiveness, including an assessment by Fed-
eral local prosecutors and enforcement
agencies.
SEC. 196. BUREAU OF ALCOHOL, TOBACCO, AND
FIREARMS ARMED CAREER CRIMINAL
APPREHENSION PROGRAM PERSON-
NEI, ENHANCEMENT.
There is authorized to be appropriated for
Salaries and Expenses of the Bureau of Al-
cohol, Tobacco, and Firearms for fiscal year
1989, $8,000,000: Provided, That such appro-
priation shall be in addition to any appro-
priations requested by the President in his
fiscal year 1989 budget as presented to Con-
gress on February 18, 1988, or provided in
regular appropriations Acts or continuing
resolutions for the fiscal year ending Sep-
tember 30, 1989: Provided further, That
such additional appropriation shall be used
to increase the number of Armed Career
Criminal Apprehension enforcement per-
sonnel at the Bureau by no less than 130
fulltime equivalent positions over such per-
sonnel levels onboard at the Bureau as of
September 30, 1988, and for related equip-
ment: Provided further, That an additional
10 fulltime equivalent positions shall be
used to establish a Bureau of Alcohol, To-
bacco, and Firearms Drug Education offi-
cers program: Provided further, That of the
amount authorized to be appropriated by
this section, $750,000 shall be available for
(1) the equipping for law enforcement func-
tions of any vessel, vehicle, equipment, or
aircraft available for official use by a State
or local law enforcement agency if the con-
veyance will be used in joint law enforce-
ment operations with the Bureau- of Alco-
hol, Tobacco, and Firearms, and (2) the pay-
ment of overtime salaries, travel, fuel, train-
ing, equipment, and other similar costs of
State and local law enforcement officers
that are incurred in joint operations with
the Bureau of Alcohol, Tobacco, and Fire-
arms.
SEC. 197. DRUG ENFORCEMENT ADMINISTRATION
PERSONNEL ENHANCEMENT.
There is authorized to be appropriated for
Salaries and Expenses of the Drug Enforce-
ment Administration for fiscal year 1989,
$60,000,000: Provided, That such appropria-
tion shall be in addition to any appropria-
tions requested by the President in his fiscal
year 1989 budget as presented to Congress
on February 18, 1988, or provided in regular
appropriations Acts or continuing resolu-
tions for the fiscal year ending September
30, 1989: Provided further, That such addi-
tional appropriation shall be used to in-
crease Drug Enforcement Administration
enforcement personnel by no less than 224
fulltime equivalent positions over personnel
levels onboard at the Drug Enforcement Ad-
ministration as of September 30, 1988, and
for related equipment and drug enforce-
ment operations: Provided further, That of
these additional positions, 5 fulltime posi-
tions shall be used to establish a Drug En-
forcement Administration Drug Education
officers program.
SEC. 198. FEDERAL BUREAU OF INVESTIGATION
DRUG ENFORCEMENT PERSONNEL EN-
HANCEMENT.
There is authorized to be appropriated for
salaries and expenses of the Federal Bureau
of Investigation for fiscal year 1989,
$38,000,000: Provided, That such appropria-
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
March 23, 1988
CONGRESSIONAL RECORD - SENATE S 2869
tion shall be in addition to any appropria-
tions requested by the President in his fiscal
year 1989 budget as presented to Congress
on February 18, 1988, or provided in regular
appropriations Acts or continuing resolu-
tions for the fiscal year ending September
30, 1989: Provided further, That such addi-
tional appropriation shall be used to in-
crease the number of drug enforcement
agents at the Bureau by no less than 400
fulltime equivalent positions over such per-
sonnel levels onboard at the Bureau as of
September 30, 1988, and for related equip-
ment and drug, enforcement operations: Pro-
vided further, That of these additional posi-
tions, 5 fulltime positions shall be available
to establish a Federal Bureau of Investiga-
tion Drug Education officers program at the
Bureau.
SEC. 198A. U.S. MARSHALS SERVICE DRUG EN-
FORCEMENT PERSONNEL ENHANCE.
MENT.
There is authorized to be appropriated for
salaries and expenses of the U.S. Marshals
Service for the fiscal year 1989, $73,800,000:
Provided, That such appropriation shall be
in addition to any appropriations requested
by the President in his fiscal year 1989
budget as presented to the Congress on Feb-
ruary 18, 1988, or provided in regular appro-
priations Acts or continuing resolutions for
the fiscal year ending September 30, 1989:
Provided further, That such additional ap-
propriation shall be used as follows:
(1) $11,500,000 for 230 fulltime equivalent
positions for asset seizure and forfeiture ac-
tivities;
(2) $30,700,000 for 20 fulltime equivalent
positions, including $20,000,000 for Coopera-
tive Agreement Program renovation project,
and $10,000,000 for maintenance of Federal
cell block areas with upgraded security
equipment;
(3) $10,000,000 for 188 fulltime equivalent
positions for criminal justice support activi-
ties, including prisoner production and
transportation;
(4) $6,200,000 for 104 fulltime equivalent
positions for protection of the Federal judi-
ciary and court facilities resulting from in-
creased drug-related trials;
(5) $4,600,000 for 60 fulltime equivalent
positions for increased workloads of the
Marshals Service Witness Security Program;
and
(6) $10,800,000 for 139 fulltime equivalent
positions for increased narcotics-related in-
vestigation and arrest of fugitives in the
United States and foreign countries.
SEC. 198B. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated in
fiscal year 1989 to the buildings and facili-
ties account, Federal Prison System, De-
partment of Justice, $200,000,000: Provided,
That such appropriation shall be in addition
to any appropriations requested by the
President in his fiscal year 1989 budget as
presented to the Congress on February 18,
1988, or provided in regular appropriations
Acts or continuing resolutions for the fiscal
year ending September 30, 1989: Provided
further, That such additional appropriation
shall be used for planning, acquisition of
sites, construction of new facilities; pur-
chase: leasing and acquisition of facilities
and remodeling and equipping of such facili-
ties for penal and correctional use, to allevi-
ate overcrowding in existing prisons and to
meet the increased demand for prison space
resulting from drug-related offenses.
SEC. 198C. UNITED STATES ATTORNEYS DRUG EN-
FORCEMENT PERSONNEL ENHANCE-
MENT.
There is authorized to be appropriated for
salaries and expenses of the United States
Attorneys, Department of Justice for fiscal
year 1989, $10,000,000: Provided, That such
appropriation shall be in addition to any ap-
propriations requested by the President in
his fiscal year 1989 budget as presented to
Congress on February 18, 1988, or provided
in regular appropriations acts or continuing
resolutions for the fiscal year ending Sep-
tember 30, 1989: Provided further, That
such additional appropriation shall be used
to increase the number of United States At-
torneys, including related support staff by
no fewer than 200 fulltime equivalent posi-
tions over such personnel levels onboard at
the Department of Justice as of September
30, 1988.
Subtitle H-Miscellaneous Law Enforcement
Provisions
SEC. 199. REWARDS FOR FUGITIVE CAPTURE.
Section 3059 of title 18, United States
Code, is amended by inserting the following
new subsection after subsection (b):
"(c) There is authorized to be appropri-
ated, out of any money in the Treasury not
otherwise appropriated, the sum of $10,000
for the capture, or for assisting in or fur-
nishing information leading to the capture,
of an escaped Federal prisoner under sec-
tion 751 of this title, or any person who has
violated either section 3146 (bond default),
4213 (parole violation), or 3606 (probation
violation), of this title, to be appropriated
and expended in the discretion of, and upon
such conditions as may be imposed by,
either the Director of the United States
Marshals Service or the Director of the
Bureau of Prisons, as the case may be, pur-
suant to regulations promulgated by the At-
torney General. Not more than $10,000 shall
be expended in connection with the capture
of any one person.".
SEC. 199A. PROHIBITION OF DANGEROUS WEAPONS
IN FEDERAL COURTHOUSES.
(a) It shall be unlawful for any person to
carry or project into, possess within, or
cause to be present within any Federal
courthouse any firearm, dangerous weapon,
explosive, or incendiary device.
(b) Any violation of subsection (a) of this
section, or any attempt to commit any such
violation, shall be a felony punishable by a
fine not exceeding $5,000, or imprisonment
not exceeding 5 years, or both.
(c) Any firearm, ammunition, dangerous
weapon, explosive, or incendiary device in-
volved in or used or intended to be used in
any violation of the provisions of this sec-
tion shall be subject to seizure and forfeit-
ure in accordance with all applicable provi-
sions of Federal law.
(d) Notice to the effect of subsections (a),
(b), and (c) of this section shall be posted
conspicuously by the United States Marshal
at one or more public entrances to each
Federal courthouse.
(e) Nothing in this section shall interfere
with or prevent the exercise by any-court of
the United States of its power to punish for
contempt; nor shall anything in this section
interfere with or limit in any way the power
of a court of the United States to promul-
gate rules or orders regulating, restricting
or prohibiting the possession or carrying of
weapons within any building, or upon the
grounds appurtenant thereto, housing such
court or any of its proceedings.
(f) Nothing contained in this section shall
be deemed to prohibit or render unlawful
any act performed in the lawful discharge
of the official duties of a law enforcement
officer of the Federal Government or any
State or political subdivision thereof.
(g) DEFINITIONS.-As used in this section-
(1) The term "dangerous weapon" in-
cludes all articles enumerated and included
within the definition of "dangerous
weapon" set forth in section 16(a) of the Act
of July 31, 1946 (40 U.S.C. 193m).
(2) The term "explosive" shall have the
same meaning as when used in section 841
of title 18, United States Code.
(3) The term "Federal courthouse" means
a building which houses a court of the
United States or is the site of a proceeding
before a ,judge or court of the United States,
a United States Magistrate, a bankruptcy
judge, or a Federal grand jury.
(4) The term "firearm" shall have the
same meaning as when used in section
921(a)(3) of title 18, United States Code.
SEC. 199B. SUPPORT OF UNITED STATES PRISONERS
IN NON-FEDERAL INSTITUTIONS.
Chapter 301 of title 18, United States
Code, is amended by adding at the end
thereof the following new section:
"SEC. 4013. SUPPORT OF UNITED STATES PRISON.
ERS IN NON-FEDERAL INSTITUTIONS.
"(a) The Attorney General or his desig-
nee, in support of United States prisoners in
non-Federal Institutions, is authorized to
make payments from appropriations avail-
able to the United States Marshals Service,
without limitation as to fiscal year, for-
"(1) necessary clothing;
"(2) medical care and necessary guard
hire;
"(3) payment of rewards for assistance in
the capture or information leading to the
capture of a Federal fugitive;
"(4) the housing, care and security of per-
sons held in custody of the U.S. Marshal
pursuant to Federal law under agreements
with State or local units of government or
contracts with private entities; and
"(5) entering into contracts or cooperative
agreements with any State, territory,. or po-
litical subdivision thereof, for the necessary
construction, physical renovation, acquisi-
tion of equipment, supplies, or materials re-
quired to establish acceptable conditions of
confinement and detention services in any
State or local jurisdiction which agrees to
provide guaranteed bed space for Federal
detainees within that correctional system,
in accordance with regulations issued by the
Attorney General and which are compara-
ble to the regulations issued under section
4006 of this title, except that amounts made
available for this purpose shall not exceed
the average per-inmate cost of constructing
similar confinement facilities for the Feder-
al prison population: And provided further,
That the availability of such federally as-
sisted facility shall be assured for housing
Federal prisoners and the per diem rate
charged for housing such Federal prisoners
shall not exceed allowable costs or other
conditions specified in the contract or coop-
erative agreement."
SEC. 199C. AUTHORIZATION OF APPROPRIATIONS
FOR PRESIDENT'S MEDIA COMMIS-
SION ON ALCOHOL AND DRUG ABUSE
PREVENTION.
There are hereby authorized to be appro-
priated for the President's Media Commis-
sion on Alcohol and Drug Abuse Prevention
the following amounts:
(1) $1,000,000 for the fiscal year ending
September 30, 1989;
(2) $1,000,000 for the fiscal year ending
September 30, 1990; and
(3) $1,000.000 for the fiscal year ending
September 30, 1991.
TITLE II-INTERNATIONAL NARCOTICS CON-
TROL AND ASSISTANCE TO FOREIGN
COUNTRIES
Subtitle A-International Drug Eradication
Improvement Program
SEC. 201. DRUG SOURCE COUNTRY ERADICATION
IMPROVEMENT'ACT OF 198&
(a) There is established within the De-
partment of State under the Office of Inter-
national Narcotics Matters an International
Special Operations Drug Eradication Squad-
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
S 2870
CONGRESSIONAL. RECORD - SENATE
ron (hereafter in this subtitle known as the
"Squadron") to be deployed to increase the
eradication of drugs in drug source coun-
tries.
(b) The purpose of the Squadron estab-
lished in subsection (a) under this subtitle
is-
(1) to provide special assistance to drug
source countries who request drug eradica-
tion assistance from the United States; and
(2) to participate in joint international
drug eradication operations in drug source
countries where one or more of the partici-
pating nations have specifically requested
the assistance of the United States in such
operation.
(c) There is authorized to be appropriated
for fiscal year 1989, $12,000,000 for the
International Narcotics Matters program at
the Department of State for the procure-
ment of helicopters, fixed wing aircraft,
other related equipment; operation and
maintenance for such helicopters and air-
craft; and salaries and expenses for fulltime
personnel of the Squadron established in
subsection (a) of this section: Provided,
That such appropriation shall be in addition
to any appropriations requested by the
President in his budget presented to the
Congress on February 18, 1988, or appropri-
ated in any regular appropriations Acts or
continuing resolutions for the fiscal year
ending on September 30, 1989, or as author-
ized in section 230 of subtitle D of this title.
(d) The Secretary of State shall establish
strict criteria guidelines and procedures
which shall govern a decision by the United
States to deploy the Squadron established
under subsection (a) of this section in sup-
port of any drug source nation requesting
the assistance of the United States Govern-
ment in drug eradication operations. Such
criteria shall include, but not limited to, the
following:
(1) the level of cooperation offered by the
drug source country to the United States in
eradicating drugs, and- conducting other
drug enforcement operations;
(2) the record of unilateral action taken
by the drug source country to eradicate
drugs from their soil; and -
(3) the evidence exhibited by such drug
source country that it intends to maintain a
continuing unilateral drug eradication pro-
gram upon completion of the drug eradica-
tion operation deploying the Squadron es-
tablished in subsection (a) of this section.
Subtitle B-International Narcotics Matters
Improvement and Special Assistance Programs
SEC. 211. ECONOMIC ASSISTANCE INCENTIVE PRO-
GRAM.
(a) There is established under the Agency
for International Development (A.I.D.) a
special economic assistance incentive grant
program to provide direct, nonmilitary, eco-
nomic assistance to drug source countries
that meet specific, proscribed coca leaf,
marijuana, and opium eradication goals
during fiscal years 1989, 1990, and 1991.
(b) In order for a drug source country to
be eligible for the special economic assist-
ance grants authorized in subsection (a),
such country must achieve a verifiable 15
percent reduction in the national coca leaf
crop acreage, a verifiable 15 percent reduc-
tion in the national marijuana crop acreage,
and a verifiable 15percent reduction in the
national opium crop acreage in the year pre-
ceding the first fiscal year for which such
grant assistance is authorized, and a verifia-
ble- 40 percent reduction in the national
coca leaf, marijuana, or opium crop acreage
over the period of fiscal year 1989. to fiscal
year 1991. Identification of total aggregate
.national coca leaf, marijuana, or opium
acreage production during a given year,
shall be determined by the Drug Enforce-
ment Administration of the Department of
Justice and shall serve as the baseline from
which a country's drug eradication efforts
shall be measured. The Drug Enforcement
Administration shall also be tasked by the
Attorney General of the United States to
verify the eradication effort put forth by_
such drug source countries as the basis for
determining whether or not such country
has met the eligibility requirements for the
economic assistance authorized in subsec-
tion (a). The Administrator of the Drug En-
forcement Administration shall make his as-
sessment of baseline drug production and
his determinations of drug source country
eligibility for economic assistance grants
under subsection (a) in a timely fashion and
consistent with the best available technolo-
gy to determine both the baseline produc-
tion levels from which the eradication effort
of drug source countries shall be measured,
and the verified eradication initiative taken
by such drug source countries. Both the
baseline production levels and the verifica-
tion of drug eradication in drug source
countries shall be reported to the appropri-
ate committees of the Congress in a timely
fashion.
(c) There is authorized to be appropriated
to the Agency for International Develop-
ment for each of the fiscal years 1989, 1990,
and 1991, $200,000,000, such amounts to
remain available Until expended: Provided,
That of this annual amount up to 5 percent
per fiscal year may be used for administra-
tion of the grant program, including trans-
fers to the Drug Enforcement Administra-
tion to cover their costs in implementing
the program goals and objectives.
(d) The Comptroller General of the
United States shall monitor the economic
assistance Incentive grant program estab-
lished under subsection (a) and funded
under subsection (c) of this section and
report periodically to the Congress regard-
ing the management of and allocation of
grant funds under the program.
(e) At the start of fiscal year 1991, a panel
consisting of the Attorney General of the
United States or his designee; the Secretary
of State; the Director of the Agency for
International Development; and appropriate
representatives of the House and Senate,
designated by the Speaker of the House of
Representatives and the Majority Leader of
the Senate, respectively, shall be convened
by the Director of the Agency for Interna-
tional Development to consider whether or
not the economic assistance incentive grant
program established in this section should
be continued beyond fiscal year 1991 and if
it is determined that the program should be
continued, make legislative and administra-
tive recommendations for improvements in
the program, Including proposed funding
levels for the program in subsequent fiscal
years.
Subtitle C-Amendments to Foreign Assistance
Act of 1961, as amended
SEC. 220. AMENDMENTS TO THE FOREIGN ASSIST-
ANCE ACT OF 1961.
Subsection 481(h)(3) of the Foreign As-
sistance Act of 1961 is amended to read as
follows:
"(3) In making the certification required
by paragraph (2) of this subsection, the
President shall consider whether such gov-
ernment-
"(A) has taken actions that have resulted
in maximum reductions in illicit drug pro-
duction which were determined to be
achievable pursuant to subsection (e)(4);
"(B) has taken the legal and law enforce-
ment measures to enforce in its territory, to
the maximum extent possible, the elimina-
tion of illicit cultivation and the suppression
of illicit manufacture of and traffic in nar-
March 23, 1988
cotic and psychotropic drugs and other con-
trolled substances, as evidenced by seizures
of such drugs and substances significantly
affecting the United States;
"(C) has taken the legal and law enforce-
went steps necessary to eliminate, to the
maximum extent possible, the laundering in
that country of drug-related profits or drug-
related monies, as evidenced by-
"(I) the enactment and enforcement of
laws- prohibiting such conduct,
"(ii) the willingness of such government to
enter into mutual legal assistance agree-
ments with the United States governing
(but not limited to) money laundering, and
"(iii) the degree to which such govern-
ment otherwise cooperates with United
States law enforcement authorities on anti-
money laundering efforts; .
"(D) as a matter of government policy, en-
courages or facilitates the production or dis-
tribution of illegal drugs;
"(E) consists of any senior official who en-
gages In, encourages, or facilitates the pro-
duction or distribution of illegal drugs;
"(F) has investigated aggressively all cases
in which any member of an agency of the
United States Government engaged in drug
enforcement activities since January 1, 1985,
has suffered or been threatened with vio-
lence, inflicted by or with the complicity of
any law enforcement or other officer of
such country or any political subdivision
thereof, and has energetically sought to
bring the perpetrators of such offense or of-
fenses to justice; and
"(G) having been requested to do so by
the United States Government, fails to pro-
vide reasonable cooperation to lawful activi-
ties of United States drug enforcement
agents, Including the refusal of permission
to such agents engaged in interdiction of
aerial smuggling into the United States to
pursue suspected aerial smugglers a reason-
able distance into the airspace of the re-
quested country.
The International Narcotics Control Strate-
gy Report shall describe for each country
listed under subparagraphs (D) through (G)
the activities and identities of officials
whose activities caused such country to be
so listed.".
Subtitle D-International Narcotics Matters
Authorization of Appropriations
SEC. 230. AUTHORIZATIONS OF APPROPRIATIONS.
Section 482(a) of the Foreign Assistance
Act of 1961 is amended by striking out para-
graphs (1) and (3) and by inserting the fol-
lowing new paragraph (1) after "(a)":
"(1) To carry out the purposes of section
481, there are authorized to be appropriated
to the President $138,000,000 for fiscal year
1989 and $150,000,000 for fiscal year 1990.".
SEC. 231. DEVELOPMENT OF HERBICIDES FOR
AERIAL COCA ERADICATION.
The Secretary of State shall use not less
than $500,000 of the funds made available
for fiscal year 1989 to carry out chapter 8 of
part I of the Foreign Assistance Act of 1961
(relating to international narcotics control)
to finance research on and the development
and testing of safe and effective herbicides
for use in the aerial eradication of. coca.
SEC. 232. PROCUREMENT OF WEAPONS TO DEFEND
AIRCRAFT INVOLVED IN NARCOTICS
.CONTROL EFFORTS.
(a) Of the funds available to carry out
chapter 2 of part II of the Foreign Assist-
ance Act of 1961 (relating to grant military
assistance), $900,000 for each of the fiscal
years 1989 and 1990 shall be made available
to arm, for defensive purposes, aircraft used
in narcotic control eradication or interdic-
tion efforts. These funds may only be used
to arm aircraft already in the inventory of
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005ROO1300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
March 23, 1988 CONGRESSIONAL RECORD - SENATE
the recipient country, and may not be used
for the purchase of new aircraft.
(b) The Committee on Foreign Affairs of
the House of Representatives and the Com-
mittee on Foreign Relations of the Senate
shall be notified of the use of any such
funds for that purpose at least 15 days in
advance in accordance with the reprogram-
ming procedures applicable under section
634A of the Foreign Assistance Act of.1961.
SEC. 233. PILOT AND AIRCRAFT MAINTENANCE
TRAINING FOR NARCOTICS CONTROL
ACTIVITIES.
(a) Not less than $2,000,000 of the funds
made available for each of the fiscal years
1989 and 1990 to carry out chapter 5 of part
II of the Foreign Assistance Act (relating, to
international military education and train-
ing) shall be available only for-
(1) education and training in the oper-
ation and maintenance of equipment used in
narcotics control interdiction and eradica-
tion efforts for countries in Latin America
and the Caribbean; and
(2) the expenses of deploying, upon the re-
quest of the government of a foreign coun-
try, Department of Defense mobile training
teams in that foreign country to conduct
training in military-related individuals and
collective skills that will enhance that coun-
try's ability to conduct tactical operations In
narcotics interdiction.
(b) Assistance under this section shall be
coordinated with assistance provided under
chapter 8 of part I of that Act (relating to
international narcotics control).
(c) Assistance may be provided pursuant
to this section notwithstanding the prohibi-
tion contained in section 660 of the Foreign
Assistance Act of 1961 (relating to police
SEC. 234. REALLOCATION OF FUNDS WITHHELD
FROM COUNTRIES WHICH FAIL TO
TAKE ADEQUATE STEPS TO HALT IL-
LICIT DRUG PRODUCTION OR TRAF.
FICKING.
(a) Chapter 8 of part I of the Foreign As-
sistance Act of 1961 is amended by adding at
the end the following:
`SEC. 486. REALLOCATION OF FUNDS WITHHELD
FROM COUNTRIES WHICH FAIL TO
TAKE ADEQUATE STEPS TO HALT IL-
LICIT DRUG. PRODUCTION OR TRAF-
FICKING.
"(a) ADDITIONAL ASSISTANCE FOR COUN-
TRIES TAKING SIGNIFICANT STEPS.-If any
funds authorized to be appropriated for any
fiscal year for security assistance are not
used for assistance for the country for
which those funds were allocated because of
the requirements of section 481(h) or any
other provision of law requiring the with-
holding of assistance for countries that have
not taken adequate steps to halt illicit drug
production or trafficking, the President
shall use those funds for additional assist-
ance for those countries which have met
their illicit drug eradication targets or have
otherwise taken significant steps to halt il-
licit drug production or trafficking, as fol-
lows:
"(1) INTERNATIONAL NARCOTICS CONTROL AS-
sIsTANCE.-Those funds may be transferred
to and consolidated with the funds appro-
priated to carry out this chapter in order to
provide additional narcotics control assist-
ance for those countries. Funds transferred
under this paragraph may only be used to
provide increased funding for activities pre-
viously justified to the Congress. Transfers
may be made under this paragraph without
regard to the 20-percent increase limitation
contained in section 610(a). This paragraph
does not apply with respect to funds made
available for assistance under the Arms
Export Control Act.
"(2) SECURITY ASSISTANCE.-Any such
funds not used under paragraph (1) shall be
reprogrammed within the account for which
they were appropriated (subject to the regu-
lar reprogramming procedures under sec-
tion 634A) in order to provide additional se-
curity assistance for those countries.
"(b) DEFINITION OF SECURITY ASSIST-
ANCE.-A5 used in this section, the term 'se-
curity assistance' means assistance under
chapter 2 of part II of this Act (relating to
the military assistance program), chapter 4
of part II of this Act (relating to the Eco-
nomic Support Fund), chapter 5 of part II
of this Act (relating to international mili-
tary education and training), or the Arms
Export Control Act (relating to foreign mili-
tary sales credits).".
(b) The amendment made by subsection
(a) does not apply with respect to funds ap-
propriated prior to the date of enactment of
this Act.
SEC. 235. ASSISTANCE FOR BOLIVIA.
For fiscal year 1989, assistance may be
provided for Bolivia under chapter 2 (relat-
ing to grant military assistance), chapter 4
(relating to the economic support fund), and
chapter 5 (relating to international military
education and training) of part II of the
Foreign Assistance Act of 1961 and under
chapter 2 of the Arms Export Control Act
(relating to foreign military sales financing)
only if the President certifies to the Con-
gress that the Government of Bolivia has
enacted legislation that will-
(1) establish its legal coca requirements,
(2) provide for the licensing of the
number of hectares necessary to produce.
the legal requirement,
(3) make unlicensed coca production ille-
gal, and
(4) make possession and distribution of
coca leaf illegal (other than for licit pur-
poses).
SEC. 236. ASSISTANCE FOR MEXICO.
(a) Of the "amounts made available for
each of the fiscal years 1989 and 1990 to
carry out chapter 8 of part I of the Foreign
Assistance Act of 1961 (relating to interna-
tional narcotics control), not more than
$20,000,000 may be made available for
Mexico.
(b) Of the funds allocated for assistance
for Mexico for each of those fiscal years
under that chapter, $1,000,000 shall be with-
held from expenditure until the President
reports to the Congress that the Govern-
ment of Mexico-
(1) has fully investigated the 1985 mur-
ders of Drug Enforcement Administration
agent Enrique Camarena Salazar and his
pilot Alfredo Zavala Avelar;
(2) has fully investigated the 1986 deten-
tion and torture of Drug Enforcement Ad-
ministration agent Victor Cortez, Junior;
and
(3) has brought to trial and is effectively
prosecuting those responsible for those
murders and those responsible for that de-
tention and torture.
SEC. 237. COOPERATIVE NONMAJOR DRUG-TRANSIT
COUNTRIES.
(a) The Congress directs the Assistant
Secretary of State for International Narcot-
ics Matters to give greater attention, and
provide more narcotics control assistance, to
those countries which are drug-transit coun-
tries but are not major drug-transit coun-
tries (as defined in section 481(i)(5) of the
Foreign Assistance Act of 1961) and which
are cooperating with the United States in its
international narcotics control efforts.
(b) Of the amounts made available for
each of the fiscal years 1989 and 1990 to
carry out chapter 8 of part I of the Foreign
Assistance Act of 1961 (relating to interna-
tional narcotics control), not less than
$5,000,000 shall be available only for assist-
S 2871
ante to countries described in subsection
(a).
SEC. 238. INCREASED FUNDING FOR AID DRUG EDU-
CATION PROGRAMS. '
In addition to amounts otherwise author-
ized to be appropriated, there are author-
ized to be appropriated to the President
$1,000,000 for each of the fiscal years 1989
and 1990 to carry out chapter 1 of part I of
the Foreign Assistance Act of 1961 (relating
to development assistance), which amount
shall be used pursuant to section 126(b)(2)
of that Act for additional activities aimed at
increasing awareness of the effects of pro-
duction and trafficking of illicit narcotics on
source and transit countries.
SEC. 239. DEVELOPMENT OF MODEL TREATIES AND
COMPREHENSIVE ANTIDRUG LAWS.
The Secretary of State and the Attorney
General shall jointly develop a model extra-
dition treaty with respect to narcotics-relat-
ed violations (including extradition of host
country nationals), a model mutual legal as-
sistance treaty, and model comprehensive
anti-narcotics legislation. The Secretary of
State shall distribute such treaties and leg-
islation to each United States mission
abroad: The Secretary of State shall report
to the Congress, not later than six months
after the date of enactment of this Act, on
actions taken to carry out this section.
SEC. 240. REPORTING ON TRANSFER OF UNITED
STATES ASSETS.
Any transfer by the United States Gov-
ernment to a foreign country for narcotics
control purposes of any property seized by -
or otherwise forfeited to the United States
Government in connection with narcotics
related criminal activity shall be subject to
the regular reprogramming procedures ap-
plicable under section 634A of the Foreign
Assistance Act of 1961. At the end of each
fiscal year, the President shall submit a
report to the Congress of all such transfers
during that fiscal year, including an esti-
mate of the fair market value and physical
condition of each item of property trans-
ferred.
SEC. 241. IMPORTANCE OF SUPPRESSING INTERNA-
TIONAL. NARCOTICS TRAFFICKING.
Section 481(a)(1) of the Foreign Assist-
ance Act of 1961 is amended-
(1) by redesignating subparagraphs (B)
through (D) as subparagraphs (C) through
(E), respectively; and
(2) by inserting after subparagraph (A)
the following:
"(B) suppression of international narcot-
ics trafficking is among the most important
foreign policy objectives of the United
States:".
SEC. 242. INFORMATION FROM OTHER AGENCIES IN
ANNUAL NARCOTICS CONTROL RE-.
PORTS.
Section 481(e)(3) of the Foreign Assist-
ance Act of 1961 is amended by adding after
subparagraph (D) the following:
"(E) A section prepared .by the Drug En-
forcement Administration, a section pre-
pared by the Customs Service, and a section
prepared by the Coast Guard, which de-
scribes in detail-
"(I) the assistance provided or to be pro-
vided (as the case may be) to such country
by that agency, and -
"(ii) the assistance provided or to be pro-
vided (as the case may be) to that agency by
such country,
with respect to narcotic control efforts
during the preceding fiscal year, the current
fiscal year, and the next fiscal year.".
SEC. 243. EXPRESSION IN NUMERICAL. TERMS OF
MAXIMUM ACHIEVABLE REDUCTIONS
IN ILLICIT DRUG PRODUCTION.
Section 481(e)(4) of the Foreign Assist-
ance Act of 1961 is amended by inserting
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
S 2872 CONGRESSIONAL RECORD - SENATE
after the second sentence the following:
"Each determination of the President under
the preceding sentence shall be expressed in
numerical terms, such as the number of
acres of illicitly cultivated controlled sub-
stances which can be eradicated.".
SEC.'244. REPORTS ON ASSISTANCE DENIED.
Section 481(e) of the Foreign Assistance
Act of 1961 is amended by adding at the end
the following:
"(7) Each report pursuant to this subsec-
tion shall describe the United States assist-
ance for the preceding fiscal year which was
denied, pursuant to subsection (h), to each
major illicit drug producing country and
each major drug-transit country.".
Subtitle E-Latin American Antidrug Strike
Force
SEC. 250. SENSE OF THE CONGRESS.
It is the sense of Congress that-
(1) the operations of International illegal
drug smuggling organizations pose a direct
threat to the national security of the
member states of the Organization of Amer-
ican States;
(2)-illegal international drug smuggling or-
ganizations have grown so large and power-
ful that they threaten to overwhelm small
nations standing alone against them;
(3) to preserve the national sovereignty,
protect the public health, and maintain do-
mestic law and order within their borders,
member states of the Organization of Amer-
ican States should coordinate their efforts
to fight the illegal drug trade;
(4) recent events in drug source and tran-
sit countries in the Western Hemisphere
make clear the requirement for internation-
al agreement on the formation of a multina-
tional strike force intended to conduct oper-
ations against these Illegal drug smuggling
organizations;
(5) the United States should make every
effort to initiate diplomatic discussions
through the Organization of American
States or through other. bilateral. or multi-
lateral fora aimed at achieving agreement to
establish and operate the Latin American
Antidrug Strike Force; and
(6) sensitive to the legitimate concerns of
other member states of the Organization of
American States, the United States stands
ready to provide equipment, training, and fi-
nancial resources to support the establish-
ment and operation of this Strike Force, but
believes that Strike Force personnel should'
be provided by those states facing the most
serious threat from drug trafficking organi-
zations.
SEC. 251: DEPARTMENT OF STATE.
(a) In the Office of Secretary of State, the
position of Ambassador at Large and Coor-
dinator for Western Hemisphere Antidrug
Efforts is created. The Ambassador shall be
appointed by the President, with the advice
and consent of the Senate, and shall be the
principal advisor to the Secretary regarding
United States antidrug efforts In the West-
ern Hemisphere.
(b)(1) The Ambassador at Large, under
the direction of the Secretary of State, shall
coordinate the efforts of all United States
bureaus and agencies involved In antidrug
efforts and subject to the authority of the
Chief of Diplomatic Mission in all foreign
states in the Western Hemisphere, with spe-
cial emphasis on those activities which cross
one or more national borders.
(2) The Ambassador shall from time to
time report on the effectiveness of the oper-
ations of and the level of cooperation
among these United States bureaus and
agencies involved in antidrug efforts to the
Secretary of State and to the Chairman of
the National Drug Policy Board.
(3) The Ambassador at Large shall be a
member of all interagency groups below the
cabinet level with authority or oversight
over United States international drug policy
or operations.
(c)(1) The Ambassador at Large shall un-
dertake, under the direction of the Secre-
tary of State, diplomatic discussions with
member states of the Organization of Amer-
ican States aimed at securing agreement to
the formation of a multinational strike
force intended to conduct operations against
international illegal drug trafficking organi-
zations wherever they may be found In the
Western Hemisphere.
(2) The multinational strike force shall be
established by treaty or executive agree-
ment among the participating states.
(3) The Ambassador at Large shall seek to
secure participation in the strike force by
those Western Hemisphere states most
threatened by international illegal drug
trafficking organizations.
(4) Recognizing the urgency of the situa-
tion, efforts to obtain agreement to the es-
tablishment of the strike force should be
the immediate focus of a priority effort by
the Ambassador at Large.
(5) Not later than six months after the
Ambassador at Large assumes office, the
Secretary of State shall report to the Com-
mittee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of
the House of Representatives on the
progress United States diplomatic efforts
have made toward achieving agreement on
the establishment of the multinational
strike force.
SEC. 252. DEPARTMENT OF DEFENSE.
(a)(1) The Secretary of Defense shall de-
velop a plan for the establishment, training,
equipping, and operation of a multinational
strike force for operations against interna-
tional drug trafficking organizations wher-
ever they are found outside the United
States and Its territories In the Western
Hemisphere.
(2) The Joint Chiefs of Staff, in consulta-
tion with the Commander, United States
Southern Command, shall develop a table of
organization and equipment for a mu)tina-
.tional strike force sized and equipped to
deal with any combination of armed resist-
ance any Western Hemisphere international
illegal drug trafficking organization could
offer to any combination of drug eradica-
tion, drug interdiction, or criminal appre-
hension operations the strike force could be
called upon to undertake anywhere in the
-Western Hemisphere.
(3) For planning purposes, the multina-
tional strike. force shall be equipped entirely
with United - States-produced military or
commercially available equipment.
(4) The Joint Chiefs of Staff shall develop
a plan for employment of this strike force
to eradicate the major coca and marijuana
crop concentrations in the Western Hemi-
sphere, to interdict the major international
transportation corridors through which the
illegal drug traffic moves, and to arrest the
members of the major international drug
trafficking organizations involved in produc-
ing, transporting, and distributing illegal
drugs in the Western Hemisphere, as part of
coordinated operations designed to drasti-
cally and immediately reduce the supply of
cocaine, opium, and marijuana on the inter-
national market.
(b)(1) The Secretary of Defense shall de-
velop budget-quality estimates of the cost of
establishing, equipping, training, and oper-
ating the strike force planned for under sub-
section (a) above for the balance of fiscal
year 1989; for fiscal year 1990; and for fiscal
year 1991.
(2) The Secretary of Defense shall identi-
fy equipment and supplies in the United
States inventory which can be provided to
March 23, 1988
this strike force pursuant to the table of or-
ganization and equipment developed by the
Joint Chiefs of Staff under subsection (a)
above.
(3) The Secretary of Defense shall identi-
fy training resources in the United States
which will be necessary to properly train
the strike force, shall develop schedules for
training the national strike force developed
by the Joint Chiefs of Staff under subsec-
tion (a) above, and shall develop cost esti-
mates for transporting, training, and hous-
ing strike force personnel and their depend-
ents in conjunction with their training.
(4) The cost estimates and plans devel-
oped under section 252 of this subtitle shall
be provided to the Committees on the
Budget, the Committees on Armed Services
and the Committees on Appropriations, of
the Senate and the House of Representa-
tives, and the Select Committee on Narcot-
ics Abuse and Control of the House of Rep-
resentatives, and the Senate International
Narcotics Control Caucus not later than
ninety days after the enactment of this sub-
title into law.
(c) The Assistant Secretary of Defense for
International Security Affairs shall develop
a plan for funding and supporting the mul-
tinational strike force developed under sub-
section. (a) through the Defense Security
Assistance Agency.
(d) Within 120 days of enactment of this
Act, the President of the United States shall
submit to Congress a supplemental budget
request for the fiscal year ending Septem-
ber 30, 1989, covering the cost of operation
and maintenance of the Latin American
Strike Force established in this subtitle for
the balance of the fiscal year: Provided fur-
ther, That such supplemental budget re-
quest shall be consistent with the cost esti-
mates mandated under subsection (b)(1) of
this section.
TITLE III-DRUG INTERDICTION ASSET
IMPROVEMENT AND ENHANCEMENT
SEC. 301. SHORT TITLE.
This title may be cited as the "National
Drug Interdiction Asset Improvement and
Enhancement Act of 1988". _
Subtitle A-Coast Guard
SEC. 310. COAST GUARD DRUG INTERDICTION EN-
HANCEMENT.
There is authorized to be appropriated for
Acquisition, Construction, and Improvement
expenses of the Coast Guard for fiscal year
1989, $186,000,000: Provided, That such ap-
propriation shall be in addition to any ap-
propriations requested by the President in
his fiscal year 1989 budget as presented to
Congress on February 18, 1988, or provided
in regular appropriations Acts or continuing
resolutions for the fiscal year ending Sep-
tember 30, -1989: Provided further, That
such appropriation authorized under this
subtitle shall be allocated only for procure-
ment of marine and air drug interdiction
assets, including long-range AEW surveil-
lance aircraft, and operation and mainte-
nance expenses of the Coast Guard.
Subtitle B-United States Customs Service
SEC. 320. UNITED STATES CUSTOMS SERVICE DRUG
INTERDICTION ENHANCEMENT.
(a) There is authorized to be appropriated
for Operation and Maintenance, Air Inter-
diction Program for fiscal year 1989,
$110,000,000: Provided, That such appro-
priation shall be In addition to any appro-
priations requested by the President in his
fiscal year 1989 budget as presented to Con-
gress on February 18, 1988, or provided in
regular appropriations Acts or continuing
resolutions for the fiscal year ending Sep-
tember 30, 1989: Provided further, That
such additional appropriation shall be avail-
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
March ,23, 1988 CONGRESSIONAL RECORD - SENATE
able for the procurement of helicopters; air
detection, tracking, and interceptor aircraft;
command, control, communications, and in-
telligence (C3I) upgrades for joint Customs-
Coast Guard and other C31 centers under
construction; and operation and mainte-
nance expenses for these and other assets of
the United States Customs Service's air
interdiction program.
(b) There is authorized to be appropriated
for salaries and expenses for fiscal year
1989, $15,000,000: Provided, That such ap-
propriation shall be in addition to any ap-
propriations requested by the President in
his fiscal. year.1989 budget as presented to
Congress on February 18, 1988, or provided
in regular appropriations Acts or continuing
resolutions for the fiscal year ending Sep-
tember 30, 1989: Provided further, That
such additional appropriation shall be used
for the procurement, operation, and mainte-
nance of marine interdiction vessels, and
joint command centers, evaluations of new
marine detection technologies, and other
marine interdiction assets of the United
States Customs Service.
Subtitle C-Department of Defense Drug
Interdiction Assistance . -
This subtitle may be cited as the "Depart-
ment of Defense Drug Interdiction Assist-
ance Act of 1988".
SEC. 331. AUTHORIZATION.
(a) Funds are hereby authorized to be ap-
propriated to the Department of Defense
for fiscal year 1989 for enhancement of drug
interdiction assistance activities of the De-
partment as follows:
(1) for procurement of four radar aeros-
tats, $75,000,000;
(2) for operation and maintenance of E-
2C, E-3, and other aircraft surveillance; de-
tection; and flight hour support for drug
interdiction purposes only, $15,000,000; and
(3) for operation, maintenance, refurbish-
ment, and support of existing surplus De-
partment of Defense aircraft, helicopters,
and other assets to be used to support re-
quests for assistance by cooperating, drug
source countries, as outlined in title II, sub-
title E of this Act, $10,000,000.
(b) The funds authorized to be appropri-
ated in subsection (a) of this section shall be
in addition to any appropriations requested
by the President in his fiscal year 1989
budget as presented to Congress on Febru-
ary 18, 1988, or provided in regular appro-
priations Acts or' continuing resolutions for
the fiscal year ending September 30, 1989.
(c)(1) The Secretary of Defense shall
make the radar aerostats acquired under
subsection (a)(1) available to the appropri-
ate Federal law enforcement agency or
agencies of the United States, as designated
by the National Drug Policy Board estab-
lished by the National Narcotics Act of
1984.
(2) The radar aerostats shall be made
available to agencies under this subsection
subject to the provisions of chapter 18 of
title 10, United States Code.
Subtitle D-Drug Enforcement Administration
SEC. 341. DRUG ENFORCEMENT ADMINISTRATION
INTERDICTION ENHANCEMENT.
There is authorized to be appropriated for
Salaries and Expenses of-theDrug Enforce-
ment Administration for fiscal year 1989,
$48,000,000: Provided, That such appropria-
tion shall be in addition to any appropria-
tions requested by the President in his fiscal
year 1989 budget as presented to the Con-
gress on February 18, 1988, or provided in
regular appropriations Acts or continuing
resolutions for the fiscal year ending Sep-
tember 30, 1989: Provided 'further, That
such additional appropriation shall be used
for. the establishment of an International
Drug Interdiction helicopter force within
the Drug Enforcement Administration to be
utilized in joint drug interdiction oper-
ations, similar in scope and design to
OPBAT, in the Bahamas and other drug
source and transhipment countries that
have authorized the use of joint operations
featuring United States and host country
law enforcement personnel in such coun-
tries for drug interdiction purposes: Provid-
ed, That the Administrator of the Drug En-
forcement Administration shall coordinate
the establishment and deployment of this
International Drug Interdiction helicopter
force with the Secretary of State; the Attor-
ney General of the United States; the Secre-
tary of the Treasury, the Secretary of
Transportation, and any other law enforce-
ment agencies of the United States with on-
going drug interdiction programs: Provided
further, That of the appropriation author-
ized under this subsection, $4,000,000 shall
be allocated for the enhancement of the El
Paso Intelligence Center (EPIC) to provide
more tactical intelligence to the Drug En-
forcement Administration and all other
United States drug enforcement and inter-
diction agencies.
Subtitle E-Immigration and Naturalization
Service/Border Patrol
SEC. 351. BORDER PATROL DRUG INTERDICTION
ENHANCEMENT.
There is authorized to be appropriated for
Salaries and Expenses of the Border Patrol
within the Department of Justice for fiscal
year 1989, $20,000,000: Provided, That such
appropriation shall be in addition to any ap-
propriations requested by the President in
his fiscal year 1989 budget as presented to
the Congress on February 18, 1988, or pro-
vided in regular appropriations Acts or con-
tinuing resolutions for the fiscal year
ending September 30, 1989: Provided fur-
ther, That such additional appropriation
shall be used only for procurement of drug
interdiction-related equipment for Border
Patrol drug enforcement personnel, includ-
ing spare parts for helicopters; 4-wheel drive
law enforcement vehicles; and initial pro-
curement of mobile sensor response system
and electronic Intrusion detection, and for
related operation and maintenance ex-
penses.
Subtitle F-Establishment of Interagency South-
west Border Drug Interdiction Mobile Corridor
Task Force -
SEC. 361. AUTHORIZATION OF APPROPRIATIONS.
(a) There is established an Interagency
Southwest Border Drug Interdiction Mobile
Corridor Task Force, consisting of drug en-
forcement officers of the 'United States
Border Patrol, United States Customs Serv-
ice, and the United States Drug Enforce-
ment Administration. Such interagency task
force shall consist of 100 full-time positions
of the United States Border Patrol; 25 full-
time positions of the United States Customs
Service; and 25 full-time positions of the
United States Drug Enforcement Adminis-
tration. -
(b) - The full-time positions identified in
subsection (a) shall be used to establish 2
mobile corridor operations units to be de-
ployed along the southwest border between
the ports of entry.
(c) The purpose of the task force estab-
lished in subsection (a) of this section is-
(1) to conduct joint drug interdiction oper-
ations between the ports of entry along the
southwest border of the United States, from
Texas to California;
(2) to assist and augment other law en-
forcement agencies personnel along the
southwest border in the interdiction of ille-
gal drugs and arrest of narcotics traffickers;
and
S 2873
(3) to assist State and local law enforce-
ment officials along the southwest border of
the United States in the interdiction of ille-
gal drugs and the"- arrest of narcotics traf-
fickers.
(d) There is authorized to be appropriated
for fiscal year 1989, $15,000,000 to-?.16ie De-
partment of Justice for the salaries and ex-
penses of the task force established in sub-
section (a) of this section, including reim-
bursement for expenses incurred by State
and local law enforcement agencies in joint
operations conducted with the task force.
Such amount authorized to be appropriated,
shall be in addition to any appropriations
provided for the United States Customs
Service and the United States Border
Patrol, and the Drug Enforcement Adminis-
tration in regular appropriations Acts or
continuing resolutions for the fiscal year
ending September 30, 1989, or as authorized
in this Act.
(e) The Secretary of the Treasury, the At-
torney General of the United States, or
their designees, shall establish a joint com-
mand structure necessary to assure com-
plete cooperation and coordination in carry-
ing out the duties and mission of the task
force established by this section.
(f) The joint commanders of the task
force established under this section shall
make regular written reports to the appro-
priate committees of the Congress regarding
the specific operations and expenditures of
the task force.
Subtitle G-United States-Bahamas Drug
Interdiction Task Force
SEC. 362. REAUTHORIZATION OF UNITED STATES.
BAHAMAS DRUG INTERDICTION TASK
FORCE PROGRAMS.
(a) There is authorized to be appropriated
for the United States-Bahamas Drug Inter-
diction Task Force established by section
3301 of subtitle E of title III of the Antidrug
Abuse Act of 1986 (21 U.S.C. 801 note) for
fiscal year 1989, in addition to any other
amounts authorized to be appropriated in
this title, $13,000,000 for the following:
(1) $11,000,000 for procurement, oper-
ation, and maintenance of additional marine
interdiction vessels; -
(2) $1,000,000 for improvement of commu-
nications, command and control, and intelli-
gence capabilities for. the Task Force; and
(3) $1,000,000 to increase drug enforce-
ment training for Bahamian law enforce-
ment personnel.
(b) The Attorney General of the United
States shall continue to report to the appro-
priate committees of Congress on a quarter-
ly basis regarding the progress of the
United States-Bahamas Drug Interdiction
Task Force.
(c) Programs authorized by this section
may be carried out only with the concur-
rence of the Secretary of State.
Subtitle II-Special Drug Interdiction Support
SEC. 372. SPECIAL ASSISTANCE TO PUERTO RICO.
There is authorized to be appropriated to
the Government of Puerto Rico, through
the Department of the Treasury, "Payment
to the Government of Puerto Rico" grant
program for- fiscal year 1989, $7,000,000:
Provided, That such amount shall be in ad-
dition to any appropriations requested by
the President in his fiscal year 1989 budget
as presented to Congress on February 18,
1988, or provided in -regular appropriations
Acts or continuing resolutions for the fiscal
year ending September 30, 1989: Provided
further, That such additional appropriation
shall be used for the procurement of air and
marine drug interdiction aircraft; vessels;
and for related drug interdiction operation
and maintenance purposes.
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005ROO1300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005ROO1300070005-1
S 2874 CONGRESSIONAL RECORD -- SENATE
SEC. 373. SPECIAL ASSISTANCE TO JAMAICA.
There is authorized to be appropriated to
the Government of Jamaica, through exist-
ing or new grant mechanisms under the au-
thority of the Secretary of State for fiscal
year 1989, $7,000,000: Provided, That such
amount shall be in addition to any appro-
priations requested by the President in his
fiscal year 1989 budget as presented to Con-
gress on February 18, 1988, or provided in
regular appropriations Acts or continuing
resolutions for the fiscal year_ ending Sep-
tember 30, 1989: Provided further, That
such additional appropriation shall be used
for the procurement of air and marine drug
interdiction equipment, including radar, and
for related drug interdiction operation and
maintenance purposes.
SEC. 374. SPECIAL ASSISTANCE TO THE DOMINICAN
REPUBLIC.
There is authorized to be appropriated to
the Government of the Dominican Republic
for fiscal year 1989, through existing or new
grant mechanisms under the authority of
the Secretary of State, $5,000,000: Provided,
That such amount shall be in addition to
any appropriations requested by the Presi-
dent in his fiscal year 1989 budget as pre-
sented to Congress on February 18, 1988, or
provided in regular appropriations Acts or
continuing resolutions for the fiscal year
ending September 30, 1989: Provided fur-
ther, That such additional appropriation
shall be used only for the procurement of
air and marine drug interdiction equipment,
including radar, and for related drug inter-
diction operation and maintenance pur-
poses.
SEC. 375. SPECIAL ASSISTANCE TO HAWAII.
There is authorized to be appropriated
through the Drug Enforcement Administra-
tion to the State of Hawaii for fiscal year
1989, $7,000,000: Provided, That such
amount shall be in addition to any appro-
priations -requested by the President in his
fiscal year 1989 budget as presented to Con-
gress on February 18, 1988, or provided in
regular appropriations Acts or continuing
resolutions for the fiscal year ending Sep-
tember 30, 1989: Provided further, That
such additional appropriation shall be used
only for the procurement of air and marine
drug interdiction and eradication equip-
ment, including aircraft and radar, and for
related drug interdiction and eradication op-
eration and maintenance purposes.
SEC. 376. REPORTING REQUIREMENTS FOR RECIPI-
ENTS OF SPECIAL ASSISTANCE SUP-
PORT.
The Federal departments or agencies pro-
viding grants for special drug interdiction
assistance authorized. under this subtitle
shall make periodic written reports to the
appropriate committees of Congress regard-
ing the status of the procurement of re-
sources and related operation and mainte-
nance expenditures authorized under this
subtitle.
TITLE IV-DEMAND REDUCTION
Subtitle A-Treatment and Rehabilitation
SEC. 401. AMENDMENTS TO PUBLIC HEALTH SERV-
ICE ACT.
(a) Section 516(a)(1) of the Public Health
Service Act (42 U.S.C. 290ce-1) is amended
(1) by striking out "and" at the end of
clause (A); (2) by striking out the semicolon
and the word "and" at the end of clause (B)
and inserting in lieu thereof a comma and
the word "and"; and (3) by inserting imme-
diately after clause (B) the following:
"(C) the treatment and rehabilitation of
drug dependent offenders who could other-
wise be subject to incarceration; and".
(b) Section 516(b) of such Act is'amended
by inserting immediately before the period
at the end thereof the following: "or mental
illness".
(c) Section 516(c) of such Act is amended
by striking out "No" and inserting in lieu
thereof "Except in the case of grants pursu-
ant to subsection (a)(1)(C), no".
(d) Section 516 of such Act is amended by
adding at the end thereof the following new
subsection:
"(d)(1) For purposes of subsection
(a)(1)(C), grants or contracts awarded pur-
suant thereto shall emphasize the develop-
ment, improvement or expansion of commu-
nity based residential treatment services
such as therapeutic communities and half-
way houses and other programs which can
provide treatment alternatives to incarcer-
ation.
"(2) Such grants or contracts may include
funds to purchase or improve land, and to
purchase, construct or permanently improve
any building or other facility. ,
"(3) For purposes of this subsection, the
term `therapeutic community' means a
stratified community composed of peer
groups offering a systematic approach to
achieve its main rehabilitative objective,
which is guided by an explicit perspective
on the drug abuse disorder, the client, and
recovery."
(e) Section 517 of such Act is amended by
designating the existing text thereof as sub-
section (a) and adding at the end thereof
the following new subsection:
"(b) There is authorized to be appropri-
ated to carry out subsection (a)(1)(C) of this
section, $20,000,000 for each of the fiscal
years 1989, 1990, and 1991.".
Subtitle B-Alcohol and Drug Abuse Treatment
and Rehabilitation
SEC. 410. SHORT TITLE REFERENCE.
This subtitle may be cited as the "Alcohol
and Drug Abuse Treatment and Rehabilita-
tion Improvement Act of 1988".
SEC. 411. AUTHORIZATION OF APPROPRIATIONS
FOR ALCOHOL AND DRUG ABUSE
TREATMENT, FISCAL YEAR 1989,
FISCAL YEAR 1990, FISCAL YEAR 1991.
(a) There is authorized to be appropriated
$558,860,000 for the basic Alcohol, Drug
Abuse and Mental Health Bloc Grant Pro-
gram as contained in part B of title 19 of
the Public Health Services Act (42 U.S.C.
300x, et seq.), for the fiscal year ending Sep-
tember 30, 1989: Provided, That of this
amount no less than 49 per centum shall be
available for alcohol and drug abuse pro-
grams.
(b) There is authorized to be appropriated
$600,000,000 for substance abuse emergency
drug treatment programs for the fiscal year
ending September 30, 1989: Provided, That
these emergency substance abuse drug
treatment funds shall be targeted to those
States and communities where the sub-
stance abuse problem is most acute, based
on the best available data of the Alcohol,
Drug Abuse, Mental Health Administration
(ADAMHA).
(c) For the fiscal year ending September
.30, 1990, there Is authorized to be appropri-
ated $583,000,000 for the basic Alcohol,
Drug Abuse, and Mental Health Bloc Grant
Program as contained in part B of title 19 of
the Public Health Services Act (42 U.S.C.
300x, et seq.): Provided, That of this
amount no less than 49 per centum shall be
made available for alcohol and drug abuse
treatment and rehabilitation programs.
(d) For the fiscal year ending September
30, 1990, there is authorized to be appropri-
ated $625,000,000 for Substance Abuse
Emergency Drug Treatment Programs as
contained in part C of title 19 of the Public
Health Services Act (42 U.S.C. 300y): Pro-
vided, That these emergency substance
abuse drug treatment funds shall be target-
ed to those States and communities within
those States where the substance abuse
March 23, 1988
problem is most acute, based on the best
available data of the Alcohol, Drug Abuse.
Mental Health Administration (ADAMHA)
for the most recent calendar year.
(e) For the fiscal year ending September
30, 1991, there is authorized to be appropri-
ated, $608,000,000 for such basic Alcohol,
Drug Abuse and Mental Health Bloc Grant
Program: Provided, That of this amount no
less than 49 per centum shall be made avail-
able for alcohol and drug abuse treatment
and rehabilitation programs.
(f) For the fiscal year ending September
30, 1991, there is authorized to, be appropri-
ated, $650,000,000 for such Substance Abuse
Emergency Drug Treatment Programs: Pro-
vided, That these emergency substance
abuse drug treatment funds shall be-target-
ed to those States, and communities within
those States, where the substance abuse
problem is most acute, based on the best
available data of the Alcohol, Drug Abuse,
Mental Health Administration (ADAMHA)
for the most recent calendar year.
SEC. 412: REQUIREMENT FOR STATES TO DEVELOP
STATEWIDE SUBSTANCE ABUSE
TREATMENT FACILITIES PLANS.
All States eligible to receive basic and
emergency Alcohol, Drug Abuse, Mental
Health Administration bloc grants shall de-
velop Statewide substance abuse treatment
facilities plans and are hereby authorized to
expend up to 1.5 percent of their basic and
emergency bloc grant allocations for the de-
velopment and preparation of such State-
wide plans.
SEC. 413. AUTHORIZATION FOR USE OF BLOC
GRANT FUNDS FOR ACQUISITION.
CONSTRUCTION, AND/OR RENOVA.
TION OF DRUG TREATMENT AND RE-
HABILITATION FACILITIES.
Any State eligible to receive such basic
and emergency bloc grants referred to in
section 412 is authorized to use up to 40 per
centum" of its basic and emergency bloc
grant allocations for the acquisition, con-
struction, or renovation of substance abuse
treatment facilities determined to be needed
in such State as identified in the Statewide
substance abuse treatment facilities plans
required under section 412 of this subtitle.
Subtitle C-Amendments to the Drug-Free
Schools and Communities Act
SEC. 421: DRUG-FREE SCHOOLS REAUTHORIZATION.
Section 4111(a) of the Drug-Free Schools
and Communities Act of 1986 (hereafter in
this title referred to as the "Act") is amend-
ed to read as follows:
"(a) There are authorized to be appropri-
ated $250,000,000 for fiscal year 1988,
$300,000,000 for fiscal year. 1989,
$350,000,000 for fiscal year 1990, and
$350,000,000 for fiscal year 1991 to carry out
the provisions of this Act.".
SEC. 422. STATE PROGRAM-LOCAL ALLOTMENTS.
The second sentence of section 4124(a) of
the Act is amended by striking out "the rel-
ative numbers of children in the school-age
population within such areas" and inserting
in lieu thereof "the relative enrollments in
public and private, nonprofit schools within
the areas served by such agencies".
SEC. 423. STATE PROGRAM-PARTICIPATION OF
TEACHERS IN PRIVATE NONPROFIT
SCHOOLS.
Section 4143(b) of the Act is amended by
striking out "State, State educational
agency, or State agency for higher educa-
tion" and inserting in lieu thereof "State,
agency, or consortium".
SEC. 424. STATE PROGRAM-LOCAL APPLICATIONS.
Section 4126(a)(2) of the Act is amended-
(1) by redesignating subparagraphs (D)
through (J) as subparagraphs (G) through
(M), respectively; and
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
March 23, 1988 CONGRESSIONAL RECORD - SENATE S 2875
(2) by inserting after subparagraph (C)
the following new subparagraphs:
"(D) describe the extent and nature of the
current illegal drug and alcohol problem in
each school of the applicant, including de-
tailed information that shows-
"(I) the number or percentage of students
who use drugs or alcohol;
"(ii) the grade level of those students;
"(iii) the types of drugs they use; and
"(iv) how the applicant obtained this in-
formation;
"(E) describe the applicant's drug and al-
cohol policy, including an explanation of-
"(I) the disciplinary practices and proce-
dures it will strictly enforce to eliminate the
sale or use of drugs and alcohol on school
premises; and
"(ii) how it will convey to students the
message that drug use is not permissible;
"(F) describe how the applicant will moni-
tor the effectiveness of its program;".
(b) Section 4126 of the Act is further
amended by adding at the end thereof the
following new subsection:
"(b)(1) In order to receive funds under
this Act for the third year of its plan, an ap-
plicant shall submit to the State education-
al agency a progress report on the first 2
fiscal years of its plan. The progress report
shall describe in detail-
"(A) the applicant's significant accom-
plishments under the plan during the pre-
ceding 2 years; and
"(B) the extent to which the original ob-
jectives of the plan are being achieved, in-
cluding the extent to which there has been
a reduction in the number of students who
use drugs and alcohol.
"(2) The State educational agency shall
not award funds under this Act to an appli-
cant for the third year of its plan unless the
State educational agency determines that
the applicant's progress report shows that it
is making reasonable progress toward ac-
complishing the objectives of its plan and
the purposes of this Act. If the State educa-
tional agency determines that reasonable
progress is not being made, the State educa-
tional agency shall instruct the applicant in
writing to modify its plan so as to provide
reasonable assurance of such progress. If
after 90 days the applicant has not submit-
ted to the. State educational agency a modi-
fied plan which provides such assurance,
the State educational agency may reallocate
the applicant's funds to other applicants on
the basis of need.".
SEC. 425. STATE PROGRAM-REPORTS.
Part 2 of the Act is amended by adding at
the end thereof the following new section:
"SEC. 4127. STATE REPORTS.
"Each State shall submit to the Secretary
an annual report, at such time and in such
form as the Secretary may prescribe, that
contains information on the State or local
programs the State conducts under this sub-
title, Including-
"(1) data on the number and characteris-
tics of program recipients and the persons
who participated in their programs; and
"(2) an assessment of the degree to which
those programs accomplished their goals, in-
cluding their impact upon drug and alcohol
use by students.".
SEC. 426. NATIONAL PROGRAMS-GRANTS AND CON-
TRACTS.
(a) The third sentence of section 4132(b)
of the Act is amended by inserting "directly,
or through grants, cooperative agreements,
or contracts" immediately after "shall".
(b) Section 4134(a) of the Act is amended
by striking out "enter into" and inserting in
lieu thereof "make grants to or enter into
cooperative agreements or".
(c) Section 4135 of the Act is amended by
inserting a comma and "through grants, co-
operative agreements, or contracts," imme-
diately after "Secretary".
SEC. 427. EVALUATION.
Section 4132(d) of the Act is amended by
adding at the end thereof the following new
sentence: "In addition, the Secretary may
conduct periodic evaluations of programs
authorized by this Act.".
SEC. 428. GOVERNOR'S PROGRAM-ADMINISTRA-
TIVE COSTS.
Section 4122 of the Act is amended by
adding at the end thereof the following new
subsection:
"(c) Not more than 2.5 percent of the
amount reserved under section 4121(a) shall
be available to 'pay for the administrative
costs of the chief executive officer in meet-
ing his or her responsibilities under this
part.".
SEC. 429. GOVERNOR'S PROGRAM-HIGH RISK
YOUTH.
Section 4122(b)(1) of the Act is amended-
(1) in the first sentence therein by insert-
ing "that are designed" immediately before
"for high risk youth."; and
(2) by adding immediately after the first
sentence therein the following new sen-
tence: "A small number of individuals who
are not high risk youth may participate in
such programs if their participation does
not significantly diminish the amount or
quality of services provided to high risk
youth.".
SEC. 430. LOCAL PROGRAMS-DRUG TREATMENT.
Section 4125(a)(5) of the Act is amended
to read as follows:
"(5) referral programs for drug abuse
treatment and rehabilitation;".
SEC. 431. EFFECTIVE DATE.
(a) The provisions of this subtitle shall
take effect 30 days from the date of enact-
ment of this Act.
(b) Notwithstanding subsection (a), a
State educational agency may allot fiscal
year 1989 funds to local and intermediate
educational agencies and consortia under
section 4124(a) of the Act on the basis of
their relative numbers of children in the
school-aged population.
TITLE V-NATIONAL DRUG ENFORCEMENT
AGENCY REORGANIZATION AND COORDI-
NATION
Subtitle A-Establishment of Office of Enforce-
ment and Border Affairs in Department of
Treasury
SEC. 501. SHORT TITLE.
This title may be cited as the "National
Border Coordination and Reorganization
Act of 1988".
SEC. 502. DEFINITIONS.
As used in this title-
(1) the term "Office" means the Office of
Enforcement and Border Affairs of the De-
partment of the Treasury established by,
part A of this title;
(2) the term "Commandant" means the
Commandant of the Coast Guard;
(3) the term "Secretary" means the Secre-
tary of the Treasury;
(4) the term "Under Secretary" means the
Under Secretary of the Treasury for En-
forcement and Border Affairs appointed
under section 5102(a); and
(5) the term "function" includes any duty,
obligation, power, authority, responsibility,
right, privilege, activity, or program.
PART A-ESTABLISHMENT AND OFFICERS
SEC. 503. ESTABLISHMENT OF OFFICE.
There is established within the Depart-
ment of the Treasury an office to be known
as the Office of Enforcement and Border
Affairs, which shall consist of-
(1) the office in the Department of the
Treasury known on the day before the date
of the enactment of this Act as the Office of
the Assistant Secretary of the Treasury for
Enforcement; and
(2) the Coast Guard, as transferred by sec-
tion 508.
SEC. 504. UNDER SECRETARY FOR ENFORCEMENT
AND BORDER AFFAIRS.
(a) The head of the Office of Enforcement
and Border Affairs established by section
503 shall be the Under Secretary of the
Treasury for Enforcement and Border Af-
fairs, who shall-
(1) be appointed by the President, by and
with the advice and consent of the Senate;
and
(2) report directly to the Secretary of the,
Treasury.
(b) The Under Secretary shall be paid at
the rate of basic pay payable for level III of
the Executive Schedule.
SEC. 505. OFFICE OF BORDER MANAGEMENT AF-
FAIRS.
(a) There shall be within the Office of En-
forcement and Border Affairs an office to
be known as the Office of Border Manage-
ment Affairs.
(b)(1) The head of the Office of Border
Management Affairs shall be the Assistant
Secretary of the Treasury for Border Man-
agement Affairs, who shall-
(A) be appointed by the President, by and
with the advice and consent of the Senate;
and
(B) report directly and be responsible to
the Under Secretary.
(2) The Assistant Secretary of the Treas-
ury for Border Management Affairs shall be
responsible for overseeing all activities of
agencies and personnel under the jurisdic-
tion of the Office of Enforcement and
Border Affairs, other than activities relating
directly to narcotics interdiction.
(3) The Assistant Secretary of the Treas-
ury for Border Management Affairs shall be
paid at the rate of basic pay payable for
level IV of the Executive Schedule.
SEC. 506. OFFICE OF NARCOTICS INTERDICTION.
(a) There shall be within the Office of En-
forcement and Border Affairs an office to
be known as the Office of Narcotics Inter-
diction.
(b)(1) The head of the Office of Narcotics
Interdiction shall be the Assistant Secretary
of the Treasury for Narcotics Interdiction,
who shall-
(A) be appointed by the President, by and
with the advice and consent of the Senate;
and
(B) report directly and be responsible to
the Under Secretary.
(2) The Assistant Secretary of the Treas-
ury for Narcotics Interdiction shall be re-
sponsible for overseeing all narcotics inter-
diction activities of agencies and personnel
under the jurisdiction of the Office of En-
forcement and Border Affairs.
(3) The Assistant Secretary of the Treas-
ury for Narcotics Interdiction shall be paid
at the rate of basic pay payable for level IV
of the Executive Schedule.
SEC. 507. CONFORMING AMENDMENTS.
(a) Section 301(e) of title 31, United States
Code, is amended by striking "7" the first
place that number appears and inserting in
lieu thereof "9".
(b) Section 5314 of title 5, United States
Code, is amended by inserting after "Under
Secretary of the Treasury (or Counselor)."
the following:
"Under Secretary of the Treasury for En-
forcement and Border Affairs.".
(c) Section 5315 of title 5, United'States
Code, is amended by striking "Assistant Sec-
retaries of the Treasury (7)" and inserting
in lieu thereof the-following:
"Assistant Secretaries of the Treasury
(9).".
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005ROO1300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
S 2876 CONGRESSIONAL R.ECORI) - SENATE
PART H-TRANSFER OF COAST GUARD TO
OFFICE OF ENFORCEMENT AND BORDER
AFFAIRS
SEC. 505. TRANSFER OF COAST GUARD.
(a) With respect to operation of the Coast
Guard other than as a service in the Navy,
the Coast Guard is transferred from the De-
partment of Transportation to the Office of
Enforcement and Border Affairs of the De-
partment of the Treasury.
(b) Nothing in this title shall be consid-
ered to affect-
. (1) the operation of the Coast Guard as a
service in the Navy; or
(2) the respective duties, with respect to
the Coast Guard, of the Secretary of De-
fense and the Secretary of the Nayy.
SEC. 509. TRANSFER AND ALLOCATION OF APPRO-
PRIATIONS AND PERSONNEL.
(a) The civilian personnel of the Depart-
ment of Transportation employed in con-
nection with the Coast Guard, and the
assets, liabilities, contracts, property,
records, and unexpended balance of appro-
priations, authorizations, allocations, and
other funds employed, held, used, arising
from, available to, or to be made available to
the Department of Transportation in con-
nection with the Coast Guard and the func-
tions and offices transferred by this part,
subject to section 202 of the Budget and Ac-
counting Procedures Act of 1950, shall be
transferred to the Office for appropriate al-
location by the Secretary. Unexpended
funds transferred pursuant to this subsec-
tion shall be used only for the purposes for
which the funds were originally authorized
and appropriated.
(b)(1) The transfer under this part of full-
time personnel (except special Government
employees) and part-time personnel holding
permanent positions shall not cause any
such employee to be separated or reduced in
grade or compensation for 1 year after the
date of transfer to the Office.
(2) Any person who, on the day preceding
the effective date of this part, held a posi-
tion compensated in accordance with the
Executive Schedule prescribed in chapter 53
of title 5, United States Code, and who,
without a break in service, is appointed in
the Office to a position having duties com-
parable to the duties performed immediate-
ly preceding such appointment shall contin-
ue to be compensated in such new position
at not less than the rate provided for such
previous position, for the duration. of the
service of such person in such new position.
(c)(l) The Director of the Office of Man-
agement and Budget, at such time or times
as the Director shall provide, shall make
such determinations as may be necessary
with regard to the functions, offices, or por-
tions thereof transferred by this part, and
to make such additional incidental disposi-
tions of personnel, assets, liabilities, grants,
contracts, property, records, and unexpend-
ed balances of appropriations, authoriza-
tions, allocations, and other funds held,
used, arising from, available to, or to be
made available in connection with such
functions, offices, or portions thereof, as
may be necessary to carry out this part.
(2) After consultation with the Director of
the Office of Personnel Management, the
Director of the Office of Management and
Budget may, at such time as the Director of
the Office of Management and Budget pro-
vides, make such determinations as may be
necessary with regard to the transfer of po-
sitions within the Senior Executive Service
in connection with functions and offices
transferred by this part.
SEC. SIt SAVINGS PROVISIONS.
(a) All orders, determinations, rules, regu-
lations, permits, grants, contracts, certifi-
cates, lirenses, and privileges-
(1) which have been issued, made, grant-
ed, or allowed to become effective by the
President, the Commandant, any Federal
entity or official thereof, or by a court of
competent jurisdiction, in the performance
of functions which are transferred under
this part, and
(2) which are in effect at the time this
part takes effect, shall continue in effect
according to their terms until modified,
terminated, superseded, set aside, or revoked
in accordance with the law by the President,
the Commandant, the Secretary, or other
authorized official, a court of competent
jurisdiction, or by operation of law,
(b)(1) This part shall not affect any pro-
ceeding, including notices of proposed rule-
making, or any application for any license,
permit, certificate, or financial assistance
pending on the effective date of this part
before any Federal entity and applications,
to the extent that they relate to functions
transferred under this part, shall be contin-
ued. Orders shall be issued in such proceed-
ings, appeals shall be taken therefrom, and
payments shall be made pursuant to such
orders, as if this part had not been enacted,
and orders issued in any such proceedings
shall continue in effect until modified, ter-
minated, superseded, or revoked by the
Commandant, the Secretary, by a court of
competent jurisdiction, or by operation of
law. Nothing in this paragraph shall be
deemed to prohibit the discontinuance or
modification of any such proceeding under
the same terms and conditions and to the
same extent that such proceeding could
have been discontinued or modified if this
part had not been enacted.
(2) The Secretary may promulgate regula-
tions providing for the orderly transfer of
proceedings continued under paragraph (1)
to the Office.
(c) No suit, action, or other proceeding
commenced by or against any officer in the
official capacity of such individual as an of-
ficer of any department or agency, func-
tions of which are transferred by this part,
shall abate by reason of the enactment of.
this part. No cause of action by or against
any department or agency, functions of
which are transferred by this part, or by or
against any officer thereof in the official ca-
pacity of such officer shall abate by reason
of the enactment of this part.
(d)(1) Except as provided in paragraph
(2)-
(A) this part shall not affect suits com-
menced before the effective date of this
part, and
(B) in all such suits, proceedings shall be
had, appeals taken, and judgments rendered
in the same manner and effect as if this
part had not been enacted.
(2) If, before the date on which this part
takes effect, any department or agency, or
officer thereof in the official capacity of
such officer, is a party to a suit, and under
this part any function of such department,
agency, or officer is transferred, then such
suit shall be continued with the Secretary
or other appropriate official of the Office
substituted or added as a party.
(e) Orders and actions of the Comman-
dant and the Secretary in the exercise of
functions transferred under this part shall
be subject to judicial review to the same
extent and in the same manner as if such
orders and actions had been by the agency
or office, or part thereof, exercising such
functions immediately preceding their
transfer.
'(f) Any statutory requirements relating to
notice, hearings, action upon the record, or
administrative review that apply to any
function transferred by this part shall apply
March 23, 1988
to the exercise of such function by the Com-
mandant or the Secretary.
SEC. 511. REFERENCE.
With respect to any function transferred
by this part and exercised on or after the ef-
fective date of this part, reference in any
other Federal taw to the.Secretary of Trans-
portation shall be deemed to refer.to the
Secretary of the Treasury.
SEC. 512. TRANSITION. -
With the consent of the Secretary of
Transportation, the Commandant and the
Secretary may use the services of such offi-
cers, employees, and other personnel of the
agencies or offices from which functions or
offices have been transferred and funds ap-
propriated to such functions or offices for
such period of time as may reasonably be
needed to facilitate the orderly implementa-
'tion of this part.
SEC. 513. BUDGET FUNCTIONAL CATEGORY FOR
COAST GUARD.
(a) PRESIDENT's BUDGET.-For fiscal years
beginning with the fiscal year 1990, the
President shall, in accordance with section
1104(c) of title 31, United States Code, in-
clude the Coast Guard (including all ac-
counts funding the operations and activities
of the Coast Guard) within functional cate-
gory 750 for purposes of the budget of the
United States Government submitted by the
President pursuant to section 1105 of title
31, United States Code.
(b) BUDGET RESOLUTION.-Any concurrent
resolution on the budget considered under
title III of the Congressional Budget Act of
1974 for fiscal years beginning with fiscal
year 1989 shall use functional category 750
established by the President -under subsec-
tion (a) in specifying the appropriate level
of new budget authority and budget outlays
for the Coast Guard.
SEC. 514. EFFECTIVE DATE.
This part shall take effect 30 days from
the date of enactment of this Act.
Subtitle B-Department of Defense Drug
Interdiction Reorganization
SEC. 520. DRUG INTERDICTION SUPPORT.
(a) Section 136 of title 10, United States
Code, is amended by adding at the end the
following new paragraph:
"(e) Within the Office of the Assistant
Secretary of Defense for International Se-
curity Affairs there shall be a Deputy As-
sistant Secretary of Defense for Interna-
tional Drug Interdiction and Enforcement
who shall be appointed from civilian life by
the President, with the advice and consent
of the Senate. Subject to the supervision
and control of the Assistant Secretary of
Defense for International Security Affairs,
the Deputy Assistant Secretary shall have
as his principal duty the overall supervision
(including oversight of policy and resources)
of Department of Defense drug interdiction
and enforcement activities (as defined in
section 381 of this'title).".
(b) Chapter 18 of title 10. United States
Code, is amended by adding at the end the
following new section:
" 3 381, Drug interdiction and enforcement activi-
ties: definition
"Department of Defense drug interdiction
and enforcement activities are those activi-
ties conducted in cooperation with civilian
law enforcement officials under the provi-
sions of sections 371-379, inclusive, of title
10, United States Code."
(c) The table of sections at the beginning
of chapter 18, of title 10, United States
Code, is amended by adding at the end the
following:
"381. Drug interdiction and enforcement ac-
tivities; definition."
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
March 29, 1988 CONGRESSIONAL RECORD - SENATE S 2877
Subtitle C-Establishment of a Senate Select
Committee on Narcotics Abuse and Control
SEC. 530. SELECT COMMITTEE.
(a)(1) There is established in the Senate
of the United States a select committee to
be known as the "Senate Select Committee
on Narcotics Abuse and Control" (herein-
after in this subtitle referred to as the
"Senate select committee"). The Senate
select committee shall be composed of 15
Members of the Senate.
(2) Members of the Senate select commit-
tee shall be appointed by the majority and
minority leaders of the Senate. One member
of the Senate select committee shall be des-
ignated by the majority leader to serve as
chairman of the Senate select committee.
(3) At least one member of the Senate
select committee shall be chosen from each
of the following committees of the Senate:
The Committee on Armed Services, the
Committee on Government Affairs, the
Committee on Foreign Relations, the Com-
mittee on Commerce, Science, and Trans-
portation, the Committee on the Judiciary,
the Committee on Appropriations, the Com-
mittee on Finance, and the Committee on
Labor and Human Resources.
(4) Any vacancy occurring in the member-
ship of the Senate select committee shall be
filled in the same manner as the original ap-
pointment.
(b) The chairman of the Senate select
committee may establish such subcommit-.
tees of the select committee as he considers
appropriate. Any such subcommittee shall
be composed of not less than four members
of the select committee.
SEC. 531. LEGISLATIVE JURISDICTION.
The Senate select committee shall not
have legislative jurisdiction. The select com-
mittee shall have authority-
(1) to conduct a continuing comprehensive
study and review of the problems of narcot-
ics abuse and control, including, but not lim-
ited to, international trafficking, enforce-
ment, prevention, narcotics-related viola-
tions of the Internal Revenue Code of 1986,
international treaties, organized crime, use
of the military in drug interdiction, drug
abuse in the Armed Forces of the United
States, treatment and rehabilitation, civil-
ian drug interdiction programs, and the ap-
proach of the criminal justice system with
respect to narcotics law violations and
crimes related to drug abuse; and
(2) to review any recommendations made
by the President or by any department or
agency of the executive branch of the Fed-
eral Government, relating to programs or
policies affecting narcotics abuse or control.
SEC. 532. AUTHORITY OF SELECT COMMITTEE.
(a) For purposes of this subtitle, the
Senate select committee, or any subcommit-
tee thereof authorized by the select commit-
tee, may sit and act at such times and places
as it considers appropriate whether the
Senate is sitting, has recessed, or has ad-
journed.
(b) For purposes of this subtitle, the
Senate select committee, or any subcommit-
tee thereof authorized by the select commit-
tee to hold hearings, may hold such hear-
ings, and may require, by subpena or other-
wise, the attendance and testimony of such
witnesses and the production of such books,
records, correspondence, memorandums,
papers, documents, and other exhibits and
materials, as it considers necessary. Subpe-
nas may be issued under the signature of
the chairman of the Senate select commit-
tee or any member of the select committee
designated by him, and may be served by
any person designated by such chairman or
member.
(c) A majority of the members of the
Senate select committee shall constitute a
quorum for the transaction of business,
except that the select committee may desig-
nate a lesser number as a quorum for the
purpose of taking testimony. The chairman
of the Senate select committee, or any
member of the select committee designated
by him, may administer oaths or affirma-
tions to any witness.
(d) The Senate select committee and any
subcommittee thereof and Its staff may con-
duct field investigations or inspections.
Members and staff of the select committee
may engage in such travel as may be neces-
sary to conduct investigations relating to
the purpose of this subtitle.
SEC. 533. STAFF.
The Senate select committee may employ
and fix the compensation of such clerks, ex-
perts, consultants, technicians, attorneys,
investigators, and clerical and stenographic
assistants as it considers necessary to carry
out the purposes of this subtitle. The select
committee may reimburse the members of
Its staff for travel, subsistence, and other
necessary expenses incurred by them in the
performance of the duties vested in the
select committee, other than expenses in
connection with meetings of the select com-
mittee or any subcommittee thereof held in
the District of Columbia.
SEC. 534. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated
$400,000 in fiscal year 1989, $500,000 in
fiscal year 1990, and $600,000 in fiscal year
1991 for salaries and expenses of the Senate
select committee established by this sub-
title.
SEC. 535. REPORT.
(a) The Senate select committee shall
report to the Senate with respect to the re-
sults of any investigation conducted by the
select committee, or any subcommittee
thereof, under section 532(d).
(b) The Senate select committee shall
submit an annual report to the Senate
which shall include a summary of the activi-
ties of the select committee during the cal-
endar year to which such report applies.
(c)- Any report of the Senate select com-
mittee under this section which is submitted
during a period in which the Senate is not
in session shall be filed with the Secretary
of the Senate.
TITLE VI-RESEARCH AND DEVELOPMENT
FOR LAW ENFORCEMENT AGENCIES
Subtitle A-Establishment of New Research and
Development Programs to Assist Federal Law
SEC. 601. ESTABLISHMENT OF A RESEARCH AND
TECHNOLOGY GROUP UNDER THE NA-
TIONAL DRUG POLICY BOARD.
(a) The Attorney General of the United
States shall establish a Research and Tech-
nology Group under the National Drug
Policy Board. Such group shall be responsi-
ble for reviewing the research, development,
technology, and evaluation (R, D, T, & E)
programs of the Department of Defense and
the research and development programs of
other nondefense Federal agencies .to assess
their applicability to the operations, pro-
grams, and missions of the Federal law en-
forcement agencies..Such group shall con-
sist of members of the Department of the
Treasury, Department of Transportation,
Department of Justice, Department of De-
fense, and other appropriate Departments
and agencies, at the Assistant Secretary
level.
(b) The Attorney General shall appoint an
Executive Director of the group established
by subsection (a), with responsibility for the
daily operations of the group and for such
other purposes as may be determined by the
Attorney General to assure the effective op-
eration of the group.
(c) The Attorney General shall establish a
Research; Technology and Acquisition Advi-
sory Board, reporting to the Research and
Technology Group established in subsection
(a) of this section, and shall be composed of
representatives from academia, private in-
dustry, and agencies of the United States.
The Advisory Board shall make recommen.
dations to the National Drug Policy Board
through the Research and Technology
Group, including, but not limited to recom-
mendations of how existing and new re-
search and development findings can be ap-
plied to the missions of Federal law enforce-
ment agencies; potential program options
for such Federal law enforcement agencies;
and funding alternatives developed from re-
views of technology bases, ongoing pro-
grams, operational needs and special studies
assigned by the National Drug Policy Board.
The Advisory Board shall also be directed
by the Attorney General to serve as an ad-
vocacy group for the efforts of the new Na-
tional Technology Development Centers es-
tablished in section 602 of this subtitle, in-
cluding, but not limited to, support for en-
hanced funding for the Centers.
(d) The Attorney General shall designate
a Chairman of the Research and Technolo-
gy Group established in subsection (a) and
conduct an election of a Chairman of the
Research, Technology and Acquisition Advi-
sory Board from among the members of
such Advisory Board, within 30 days of for-
mation of the Advisory Board.
SEC. 602. ESTABLISHMENT OF NATIONAL TECHNOL-
OGY DEVELOPMENT CENTERS.
(a) The President of the United States
shall designate and establish within existing
facilities of the Department of Defense, the
Department of Justice, the Department of
Energy, National Security Agency, and the
Central Intelligence Agency, no fewer than
eight, new "National Technology Develop-
ment Centers" to develop technologies for
application to Federal law enforcement
agency missions. Such National Centers
shall provide research, development, tech-
nology and evaluation (R, D, T, & E) sup-
port to the parent agency or department
and the law enforcement agencies of the
Federal Government.
(b) The following existing United States
Government facilities shall be redesignated
as "National Technology Development Cen-
ters":
(1) For night vision research and develop-
ment-Department of Defense, Army Mate-
riel Command, Night Vision Laboratory at
Fort Belvoir, Virginia;
(2) For ground sensor research and devel-
opment-Department of Defense, Army Ma-
teriel Command, Communications Electron-
ic Command, Fort Monmouth, New Jersey;
(3) For physical/electronic security re-
search and development-Department of
Defense, Air Force Systems Command, Elec-
tronic Systems Division, Hanscom Field,
Massachusetts;
(4) For imaging/electronic surveillance re-
search - and development-Central Intelli-
gence Agency and National Security
Agency, Washington, D.C.;
(5) For chemical/biosensor research and
development-Department of Defense,
Army Materiel Command, Chemical Re-
search Development and Engineering
Center, Aberdeen, Maryland; -
(6) For chemical/molecular detector re-
search and development-Department of
Energy, Sandia National Laboratories, Albu-
querque, New Mexico;
(7) For physical/electronic surveillance
and tracking, research and development-
Department of Justice, Federal Bureau of
Investigation and Drug Enforcement Ad-
ministration, Washington, D.C.; and
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1 -
S 2878 CONGRESSIONAL RECORD -- SENATE March 23, 1,988
(8) For explosives ordnance detection re-
search and development-Department of
Defense, Naval Ordnance Station, Indian
Head, Maryland.
(c) The President shall direct the appro-
priate department or agency head to revise
the statutory charter of each of such redes-
ignated National Centers and submit appro-
priate recommendations for legislation, if
necessary, to the Congress to implement the
designation of such National Technology
Development Centers by no later than the
end of the fiscal year ending September 30,
1989. The President shall direct the Direc-
tor of the Office of Management and
Budget to prepare a supplemental budget
request to be submitted to Congress no later
than 90 days from the date of the enact-
ment of this Act, to fund the appropriate
initial salaries and expenses required for
each of the eight new Centers established in
subsection (b) of this section for the fiscal
year ending September 30, 1989.
(d)(1) The president shall direct each of
the Federal law enforcement agencies of the
Government to assign at least two technolo-
gy advisors within such agencies, to serve as
liaison officers to the new National Tech-
nology Development Centers.
(2) Each Federal law enforcement agency
shall assign sufficient fulltime positions to
the National Technology Development Cen-
ters that meet that particular agency's mis-
sion requirements, including support staff
to enhance that agency's contribution to
the Centers.
(e) Beginning in the fiscal year ending
September 30, 1990, no less than .002 of the
aggregate research, development, technolo-
gy, and evaluation (R, D, T, & E) budget of
the Department of Defense and the service
branches of the Armed Forces of the United
States shall be made available to support
the research and development activities con-
ducted at the new National Technology De-
velopment Centers for the Federal law en-
forcement agencies.
(f) Beginning in the fiscal year ending
September 30, 1991, a separate line item
budget account shall be established and
maintained for each of the eight designated
National Technology Development Centers
designated by this subtitle.
(g) The Comptroller General of the
United States shall monitor the establish-
ment of the National Technology Develop-
ment Centers as authorized and mandated
in this section, and shall report periodically
to the appropriate committees of Congress
on the progress of the implementation of
these newly designated Centers.
Subtitle B-Cargo Container Drug Detection
Research and Development
SEC. 603. AUTHORIZATION OF ADDITIONAL APPRO-
PRIATIONS.
(a) There is authorized to be appropriated
to the United States Customs Service for
fiscal year- 1989, $5,000,000: Provided, That
such appropriation shall be in addition to
any appropriations requested by the Presi-
dent in his fiscal year 1989 budget as pre-
sented to the Congress on February 18,
1988, or provided in regular appropriations
Acts or continuing resolutions for the fiscal
year ending September 30, 1989: Provided
further, That such additional appropriation
shall be used only for accelerating the devel-
opment and availability of X-ray detection,
nitrate detection, or other technologies to
be utilized for the detection of illegal nar-
cotics in cargo containers entering the
United States at seaports, airports, and land
borders.
(b) The Commissioner of Customs shall
coordinate and share the findings of the re-
search and development authorized in sub-
section (a) with other Federal departments
and agencies with possible mission require-
ments for such technology, including, but
not limited to the Federal Aviation Adminis-
tration and U.S. Coast Guard in the Depart-
ment of Transportation; the Drug Enforce-
ment Administration in the Department of
Justice; and the appropriate State, and local
law enforcement agencies, including airport
authorities, port authorities, and other in-
terested parties.
(c) The Commissioner of Customs shall
report his findings in either classified, or
unclassified form, to the appropriate Com-
mittees of Congress in conjunction with the
President's submission of his fiscal year
1990 Budget of the United States.
TITLE VII-DRUG ENFORCEMENT TRAINING
IMPROVEMENT
Subtitle A-The Federal Law Enforcement
Training Center Improvement Act. of 1988
SEC. 701. SHORT TITLE. AUTHORIZATION OF APPRO-
PRIATIONS.
(a) This subtitle may be cited as the "Fed-
eral Law Enforcement 'Training Center Im-
provement Act of 1988".
(b) There is authorized to be appropriated
for salaries and expenses of the Federal Law
Enforcement Training Center for fiscal year
1989, $10,000,000: Provided, That such ap-
propriation shall be in addition to any ap-
propriations requested by the President in
his fiscal year 1989 budget as presented to
Congress on February 18, 1988, or provided
in regular appropriations Acts or continuing
resolutions for the fiscal year ending Sep-
tember 30, 1989: Provided further, That
such additional appropriation shall be used
by the Center to increase the level of drug
enforcement training, including basic and
advanced training, for Federal, State, and
local law enforcement officers: Provided fur-
ther, That, on a space available, cost reim-
bursable basis, the Center shall, to the
extent practical, increase the level of train-
ing for drug enforcement officers from for-
eign countries that are cooperating with the
law enforcement agencies of the United
States Government.
(c) There are authorized to be appropri-
ated for salaries and expenses of the Feder-
al Law Enforcement Training Center,
$45,000,000 for the fiscal year ending Sep-
tember 30, 199.0, and $50,000,000 for the
fiscal year ending September 30, 1991: Pro-
vided, That in each fiscal year addressed. in
this subsection, support for the State and
local law enforcement training program and
the training programs for drug enforcement
officers from foreign countries shall be
maintained at no less than the level of sup-
port in the fiscal year ending September 30,
1989. -
(d) The Secretary of the Treasury is di-
rected to expand the advanced training pro-
grams for Federal law enforcement agencies
at the Marana, Arizona, satellite facility of
the Federal Law Enforcement Training
Center, within the total amount of appro-
priations authorized for fiscal years 1989,
1990, and 1991.
(e) The Secretary of the Treasury is di-
rected to report in writing to the appropri-
ate committees of the Congress by no later
than 90 days from the date of enactment of
this Act with his preliminary plans for the
increased training activities at the Federal
Law Enforcement Training Center facilities
to be funded with the additional appropria-
tions authorized in subsection (b) of this
section, and the authorized level of appro-
priations contained in subsection (c).
Subtitle B-Department of Justice Training
Facilities Improvement Act of 1988
SEC. 702. AUTHORIZATION OF ADDITIONAL APPRO-
PRIATIONS FOR IMPROVEMENT AND
EXPANSION OF DEPARTMENT OF .IUS-
TI.C'E LAW ENFORCEMENT TRAINING
FACILITIES.
(a) This subtitle may be cited as the "De-
partment of Justice Training-Facilities Ihn-
proyement Act of 1988".
(b) There is authorized to be appropriated
for the existing law enforcement training
facilities of the Department of Justice for
fiscal year 1989, $10,000,000: Provided, That
such appropriation shall be in addition to
any appropriations requested by the Presi-
dent in his fiscal year 1989 budget as pre-
sented to the Congress on February 18,
1988, or provided in regular appropriations
Acts or continuing resolutions for the fiscal
year ending September 30, 1989: Provided
further, That such additional appropriation
shall be used only for improvement of those
facilities that are normally utilized for drug
enforcement training activities..
(c) There is authorized to be appropriated
for the expansion of law enforcement train-
ing facilities of the Department of Justice
and for new training facilities of the De-
partment of Justice for fiscal year 1989,
$10,000,000: Provided, That such expanded
or new training facilities shall be primarily
for basic and advanced training of drug en-
forcement personnel of the Department of
Justice.
(d) The Attorney General of the United
States is directed to report in writing to the
appropriate committees of Congress by no
later than 90 days from the date of enact-
ment of this Act with his preliminary plans
for the training facility improvements au-
thorized in subsections (b) and (c).
Subtitle C-Federal Law Enforcement Language
Training Improvement Act of 1988
SEC. 703. FOREIGN LANGUAGE TRAINING.
(a) The Department of Defense is author-
ized to provide, on a cost reimburseable
basis, foreign language training at the De-
fense Language Institute to -special agents
of Federal civilian agencies involved in drug
law enforcement.
(b) The Department of State is authorized
to provide, on a cost reimburseable basis,
foreign language training at the Foreign
Service Institute to special agents of Feder-
al civilian agencies involved in drug law en-
forcement.
(c) The Drug Enforcement Agency is au-
thorized to-
(1) detail special agent personnel for for-
eign language training to the Defense Lan-
guage Institute or the Foreign Service Insti-
tute; and
(2) reimburse, from appropriated funds,
the Departments of Defense and State for
the cost of training provided.
(d) The Customs Service is authorized to-
(1) detail special agent personnel for for-
eign language training to the Defense Lan-
guage Institute or the Foreign Service Insti-
tute, or both; and
(2) reimburse, from appropriated funds,
the Departments of Defense and State for
the cost of training provided.
(e) The Immigration and Naturalization
Service is.authorized to-
(1) detail investigative personnel for for-
eign language training to the Defense Lan-
guage Institute or the Foreign Service Insti-
tute: and
(2) reimburse, from appropriated funds,
the Departments of Defense and State for
the cost of training provided.
(f) The following amounts are authorized
to be appropriated to implement the provi-
sions of this section: -
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
March,23, 1988
'CONGRESSIONAL RECORD - SENATE S 2879
(1) to the .Commissioner of Customs, only
for obligation for special agent foreign lan-
guage training, $5,000,000;
(2) to the Administrator of the Drug En-
forcement Administration, only for obliga-
tion for special agent foreign language
training, $5,000,000; and
(3) to the Commissioner of the Immigra-
tion and Naturalization Service, only for ob-
ligation for special agent foreign language
training, $1,000,000.
(g) Moneys appropriated pursuant. to this
section shall remain available until expend-
ed.
(h) Moneys appropriated pursuant to this
section shall be in addition to any appro-
priations requested by the President in his
fiscal year 1989 budget as presented to the
Congress on February 18, 1988, or provided
in regular appropriations Acts or continuing
resolutions for the fiscal year ending Sep-
tember 30, 1989.
Subtitle D-Authorization of Appropriations for
Special Training Centers
SEC. 704. ESTABLISHMENT OF NATIONAL TRAINING
CENTER IN EL RENO. OKLAHOMA.
(a) There is authorized to be appropriated
to the Bureau of Justice Assistance for the
fiscal year 1989, $10,000,000, for the.estab-
lishment of a national training center in El
Reno, Oklahoma, to be utilized for the
training of Federal, State, and local prison
officials in drug rehabilitation programs tar-
geted to criminals convicted of drug-related
crimes or who have developed drug depend-
encies: Provided, That such appropriation
shall be in addition to any other appropria-
tions made available to the Bureau of Jus-
tice Assistance in fiscal year 1989 for its
other programs.
(b) There shall be established a National
Advisory Panel on Prison Rehabilitation
Programs to consist of five members, three
of whom shall be designated by the Director
of the Bureau of Justice Assistance, one of
whom shall be designated by the Majority
Leader of the United States Senate, and one
of whom shall be designated by the Speaker
of the United States House of Representa-
tives.
(c) The Director of the Bureau of Justice
Assistance, in cooperation with the Advisory
Panel established in subsection (b), shall co-
ordinate the establishment of the national
training center as authorized in subsection
(a).
(d) The Advisory Panel shall have over-
sight responsibility for the daily operations
of the national training center in consulta-
tion with the Director of the Bureau of Jus-
tice Assistance.
(e) The training programs authorized to
be conducted at the national training center
shall be for the benefit of: correctional offi-
cers; administrative staff; and correctional
mental health professionals including sub-
contracting agency personnel. The national
training center Is authorized to conduct
counseling programs as recommended by
the Advisory Panel.
(f) Of the appropriations 'authorized
under subsection (a), $6,000,000 shall be
made available for the development of the
national training center at El Reno, Oklaho-
ma; $2,000,000 shall be made available for
the development of a community-based resi-
dential. "drug-free" program (therapeutic
community) at the El Reno Federal Correc-
tional Institute to be affiliated with the na-
tional training center; and $2,000,000 shall
be made available for the development of
curriculum at the national training center:
Provided, That the salaries and expenses.or
personnel at the national training center,
including those of the Advisory Board, and
other administrative expenses of the nation-
al training center, shall be made available
with the $5,000,000 authorized for the devel-
opment of the national training center.
TITLE VIII-DRUG TESTING IN THE
PRIVATE SECTOR
SEC. 801. DRUG TESTING PROGRAM REQUIRE
MENTS.
(a) -No employer engaged in commerce or
in an enterprise engaged in commerce or in
the production of goods for commerce
may-
(1) refuse to hire an applicant for employ-
ment,
(2) take any adverse action against an em-
ployee, or
(3) discharge an employee, on the basis of
the results of a drug test administered to
the applicant or employee unless the drug
test was conducted by a laboratory which
meets the requirements of subsection (b).
(b) Under the requirements referred to in
subsection (a), a laboratory which conducts
drug testing shall, as determined under
guidelines prescribed by the Secretary of
Health and Human Services-
(1) meet the mandatory guidelines estab-
lished by the Secretary of Health and
Human Services under section
503(a)(1)(A)(ii)(I) and section
503(a)(1)(A)(ii)(III) of the supplemental Ap-
propriations Act, 1987,
(2) require a confirmatory test when an
initial screening test is positive and shall
not report a test aspositive unless it has
been confirmed, and
(3) provide guidance to the employers on
procedures for the collection of specimens
to be tested and on procedures for the chain
of custody of such specimens.
(c) An employer who takes an action de-
scribed in subsection (a) on the basis of the
results of a drug test conducted by a labora-
tory which does not meet the requirements
of subsection (b) shall be subject to a civil
penalty of $10,000.
SEC. 802. EFFECTIVE DATE.
Section 801 shall take effect-
(1) on the effective date of guidelines es-
tablished by the Secretary of Health and
Human Services under section 801(b), or
(2) 6 months after the date of the enact-
ment of this Act,
whichever occurs first.
TITLE IX-CONGRESSIONAL POLICY RE-
GARDING ADDITIONAL FUNDING FOR
FISCAL YEAR 1989 FOR ANTIDRUG ABUSE
PROGRAMS
SEC. 901. STATEMENT OF POLICY.
(a) The Congress finds that-
(1) the programs, projects, -activities, and
initiatives contained in this Act are of criti-
cal importance in developing a comprehen-
sive approach to addressing the multiple
facets of the drug abuse problem that faces
the United States of America;
(2) the President's budget for fiscal year
1989 as presented to the Congress on Febru-
ary 18, 1988, contains funding for some but
not all of the programs, projects, activities,
and initiatives contained in this Act, and
does not provide sufficient funding to
launch a full scale assault on the drug abuse
problem that plagues the United States;
(3) there is an urgent and critical need for
appropriations, in addition to those request-
ed in the President's budget for fiscal year
1989 as presented to Congress on February
18, 1988, to carry out the programs,
projects, activities, and initiatives contained
and authorized in this Act, and to ensure
continuation of the momentum generated
by the bipartisan Antidrug Abuse Act of
1986 (Public Law 99-570);
(4) the additional appropriations required
in fiscal year 1989 to accommodate the pro-
grams, projects, activities, and initiatives
contained in this Act should be included in
the Concurrent Resolution on the Budget
for fiscal years 1989, 1990, and 1991 with
sufficient levels of appropriations allocated
to the Committees on Appropriations of the
House and Senate through the section
302(a) allocation process under the Budget
Act of 1974, as amended to accommodate
the programs, activities, and initiatives con-
?tained in this Act; and
(5) the terms and conditions of the Bipar-
tisan Congressional Leadership Budget
summit should, if necessary, be amended to
accommodate the level of new budget au-
thority and outlays to fully fund the pro-
grams, activities, and initiatives contained in
this Act.
(b) Therefore, it is the intent of Congress
that-
(1) new budget authority and outlays re-
quired to carry out the programs, activities,
initiatives contained in this Act shall be ac-
commodated in the concurrent resolution
on the budget for fiscal year 1989 and cross-
walked to the Committees on Appropria-
tions of the House and Senate and other ap-
propriate committees of the Congress
through the section 302(a) allocation proc-
ess under the Budget Act of 1974, as amend-
ed;
(2) to the maximum extent possible,
amounts authorized to be appropriated to
carry out the programs, activities, and ini-
tiatives contained in this Act, shall be pro-
vided in regular appropriations bills or con-
tinuing appropriations bills for the fiscal
year ending. September 30, 1989;
(3) any new budget authority and outlays
required to carry out the programs,
projects, activities, and initiatives contained
in this Act, which are not provided for in
regular appropriations Act for fiscal year
1989 or any continuing resolution for fiscal
year 1989, shall be provided in the first
available supplemental appropriation Act or
,resolution for fiscal year 1989 within 90
days of the submission of the President's
'fiscal year 1990 budget of the United States
in January or February of 1989:
(4) any such amounts appropriated for
fiscal year 1989, either In regular appropria-
tions Acts, continuing resolutions, or supple-
mental appropriations Acts, shall not be
provided through transfers from, or reduc-
tions in, any amount appropriated for other
purposes in regular appropriations Acts,
continuing resolutions, or supplemental ap-
propriations Acts for any other program,
project, activity or initiative for such fiscal
year, unless and only unless such amounts
can be identified as nonessential administra-
tive, nonprogramatic funds that are deter-
mined by the Congress to no longer be re-
quired to carry out ongoing programs; or
only if such amounts are identified to come
from unobligated, uncommitted balances of
appropriated funds that Congress has deter-
mined are no longer required to carry out
ongoing, approved programs, projects, ac-
tivities, or initiatives;
(5) any amounts authorized to be, appro-
priated for fiscal years 1990 and 1991 shall.
be provided in regular appropriations Acts,.
continuing resolutions, or supplemental ap-
propriations Acts for those fiscal years and
.under the same terms and conditions as con-
tained in this. subsection; and -
(6) the President of the United States
shall direct the Office of Management and
Budget to include sufficient levels of appro-
priations in the fiscal years 1990 and 1991
budget of the United States to fully annual-
ize the entire cost of the programs, projects,
activities, initiatives, and personnel levels
authorized in this Act and provided for in
regular, continuing, and supplemental ap-
propriations Acts for fiscal year 1989.
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
S 2880 CONGRESSIONAL RECORD - SENATE
TITLE X-FUNDING; ACCOUNTS
Subtitle A-Offsetting Revenues and Savings to
Cover the Cost of the Act
SEC. 1001. AUTHORIZATION OF ADDITIONAL APPRO-
PRIATIONS FOR INTERNAL REVENUE
SERVICE. PROCESSING TAX RETURNS.
There is authorized to be appropriated for
processing tax returns, Internal Revenue
Service, for fiscal year 1989, $4,675,000: Pro-
uided, That such appropriation shall be in
addition to any appropriations requested by
the President in his fiscal year 1888 budget
as presented to Congress on February 18,
1988, or provided in regular appropriations
Acts or continuing resolutions for the fiscal
year ending September 30, 1989: Provided
further, That such additional appropriation
shall be used to increase the number of tax
enforcement personnel in the processing tax
return activity by 186 fulltime equivalent
positions over and above the personnel
levels onboard as of September 30, 1988:
Provided further, That an amount equal to
additional revenues resulting from the en-
forcement activities of the additional tax
enforcement personnel provided under this
section, beyond those assumed in the Omni-
bus Budget Reconciliation Act of 1987 and
the Joint Resolution entitled "Joint Resolu-
tion making further continuing appropria-
tions for the fiscal year 1988, and for other
purposes, approved December 22, 1987, shall
be appropriated to the Antidrug Abuse
Fund established by section 9511 of sub-
chapter A of chapter 98 of the Internal Rev-
enue Code of 1986 to be disbursed by the
Secretary of the Treasury to the agencies
responsible for carrying out the other pro-
grams, projects, activities, and initiatives au-
thorized in this Act, and amendments made
by this Act.
SEC. 1002. AUTHORIZATION OF ADDITIONAL APPRO-
PRIATIONS FOR INTERNAL REVENUE
SERVICE, EXAMINATIONS AND AP-
PEALS.
There is authorized to be appropriated for
examinations and appeals, Internal Reve-
nue Service, for fiscal year 1989,
$158,882,000: Provided, That such appro-
priation shall be in addition to any appro-
priations requested by the President in his
fiscal year 1989 budget as presented to Con-
gress on February 18, 1988, or provided in
regular appropriations Acts or continuing
resolutions for the fiscal year ending Sep-
tember 30, 1989: Provided further, That
such additional appropriation shall be used
to increase the number of tax enforcement
personnel in the examinations and appeals,
Internal Revenue Service activity by 3,829
fulltime equivalent positions to increase the
amount of tax revenue assessments and col-
lections beyond that assumed in the Omni-
bus Budget Reconciliation Act of 1987 and
the Joint Resolution entitled "Joint Resolu-
tion making further continuing appropria-
tions for the fiscal year 1988, and for other
purposes", approved December 22, 1987:
Provided further, That an amount equal to
additional revenues, beyond those assumed
in such Act and resolution, resulting from
the enforcement activities of the additional
tax enforcement personnel provided under
this section, shall be appropriated to the
Antidrug Abuse Fund established by section
9511 of subchapter A of chapter 98 of the
Internal Revenue Code of 1986 to be dis-
bursed by the Secretary of the Treasury to
the. agencies responsible for carrying out
the other programs, projects, activities, and
initiatives authorized in this Act, and
amendments made thereby.
SEC. 1003. AUTHORIZATION OF ADDITIONAL APPRO-
PRIATIONS FOR INTERNAL REVENUE
SERVICE. INVESTIGATIONS, COLLEC-
TIONS, AND TAXPAYER SERVICE.
There is authorized to be appropriated for
investigations, collections, and taxpayer
service, Internal Revenue Service, for fiscal
year 1989, $123,056,000: Provided, That such
appropriation shall be in addition to any ap-
propriations requested by the President in
his fiscal year 1989 budget as presented to
Congress on February 18, 1988, or provided
in regular appropriations Acts or continuing
resolutions for the fiscal year ending Sep-
tember 30, 1989: Provided further, That
such additional appropriation shall be used
to increase the number of tax enforcement
personnel at the Internal Revenue Service
by 2,827 fulltime equivalent positions, over
and above the personnel levels onboard as
of September 30, 1988; to increase the
amount of tax revenue collections beyond
those assumed in the Omnibus Budget Rec-
onciliation Act of 1987 and the Joint Reso-
lution entitled "Joint Resolution making
further continuing appropriations for the
fiscal year 1988, and for other purposes, ap-
proved December 22, 1987, for fiscal years
1989 and 1990: Provided further, That an
amount equal to the additional revenues re-
sulting from the enforcement activities of
the additional tax enforcement personnel
provided under this section shall be appro-
priated to the Antidrug Abuse Programs es-
tablished by section 9511 of subchapter A of
chapter 98 of the Internal Revenue Code of
1986 to be disbursed by the Secretary of the
-Treasury to the agencies responsible for car-
rying out the other programs, projects, ac-
tivities, and initiatives authorized in this
Act, and amendments made thereby.
SEC. 1004. AUTHORIZATION OF ADDITIONAL APPRO-
.PRIATIONS FOR BUREAU OF ALCO-
HOL, TOBACCO. AND FIREARMS SALA-
RIES AND EXPENSES.
There is authorized to be appropriated for
salaries and expenses of the Bureau of Alco-
hol, Tobacco, and Firearms for fiscal year
1989, $4,000,000: Provided, That such appro-
priation shall be in addition to any appro-
priations requested by the President in his
fiscal year 1989 budget as presented to Con-
gress on February 18, 1988, or provided in
regular appropriations Acts or continuing
resolutions for the fiscal year ending Sep-
tember 30, 1989: Provided further, That
such additional appropriation shall be used
to increase the number of special occupa-
tional tax enforcement and collection per-
sonnel by no fewer than 40 fulltime equiva-
lent positions over such personnel levels on-
board at the Bureau as of September 30,
1988: Provided further, That such personnel
shall be made available to accelerate the
special occupational tax enforcement and
collection effort at the Bureau in fiscal year
1989: Provided further, That an amount
equal to additional revenues over projected
fiscal year 1988 levels resulting from the en-
forcement activities of these additional spe-
cial occupational tax enforcement activities
of the Bureau provided under this section in
fiscal year 1989 shall be appropriated to the
Antidrug Abuse Fund established by section
9511 of subchapter A of chapter 98 of the
Internal Revenue Code of 1986 to be dis-
bursed by the Secretary of the Treasury to
the agencies responsible for carrying out
the other programs, projects, activities, and
initiatives authorized in this Act, and
amendments made thereby.
SEC. 1005. FEDERAL DEBT COLLECTION.
(a) As used in this section:
(1) The term "executive agency" has the
meaning given to the term "agency" in sec-
tion 552(e) of title 5.
(2) The term "obligation" means any note,
bond, debenture, or other evidence of in-
debtedness, but does not include Federal
Reserve notes or stock evidencing an owner-
March 23, 1988
(not in exchange for goods or services)
under a contract that requires the repay-
ment of such funds with or without interest.
Such term shall also include an obligation
guaranteed by an executive agency and pur-
chased by the Federal Financing Bank.
Such term shall not include any commodity
price-support loan made by the Commodity
Credit Corporation or any loan made or in-
sured under the Consolidated Farm and
Rural Development Act.
(4) The term "subsidy" means, with re-
spect to a direct loan, the difference be-_
tween-
(A) the costs (including interest) which
would have been incurred by a borrower to
obtain the loan from private sources, minus
(B) the costs (including interest) which
were incurred by the borrower to obtain the
loan from the Government.
(5) The term "debt" means an amount of
money or property that has been deter-
mined by an appropriate official of an exec-
utive agency to be owed, to the United
States by any person, organization, or entity
except another agency.
(6) The term "loan guarantee" means con-
tingent liability of an executive agency. A
guaranteed loan is-
(A) any agreement in which an executive
agency pledges to pay part or all of the
amount due to a lender or holder in the
event of default by the borrower; or
(B) a direct Federal loan that an executive
agency sold under a guarantee or agreement
to repurchase.
Such term does not include a loan guaran-
teed under the Consolidated Farm and
Rural Development Act.
(7) The term "credit extension" means
that portion of the credit management cycle
involving review and approval of requests
for short-term or long-term credit.
(8) The term "financial contract" means
any agreement or contract made by an exec-
utive agency, the primary purpose or results
of which is to make private credit available,
or available on more favorable terms than
in the absence of the contract, to a non-Fed-
eral entity by indirectly or directly assum-
ing the risk involved. Such term includes fi-
nancial contracts such as an agreement to
pay all or part of the principal or interest
on the debt obligation of a non-Federal
entity (debt service payments), financial
lease agreements for assets and project fi-
nancing, and repayment arrangements.
(9) The term "creditworthy" means a fa-
vorable determination entitling an applicant
to receive credit, which is based on-
(A) the perceived ability and willingness
of the borrower to repay the debt and the
lending organization's' level of acceptable
risk: and
(B) the consideration of other Federal ob-
ligations that could jeopardize, or be jeop-
ardized by, the new debt under consider-
ation.
(10) The term "receivables" means
amounts owed the Government upon com-
pletion of the acts giving rise to claims, and
includes amounts such as amounts due for
taxes, loans, sales of goods and services,
fines, penalties, forfeitures, interest, over-
payments, fees, duties, rents, royalties,
claims, damages, audit disallowances, and
travel advances.
(11) The term "account servicing" means
that portion of the credit management cycle
dealing with monitoring the status of ac-
counts of indebtedness, maintaining records
of current debts, billing for amounts due,
ship interest on the issuing executive collecting amounts due, collecting past due
agency. amounts, handling debtor correspondence,
(3) The term "direct loan" means a dis- performing followup functions, and provid-
bursement of funds by an executive agency ing accurate reporting of debt portfolios.
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005ROO1300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
March 23, 1988 CONGRESSIONAL RECORD - SENATE S 2881
(12) The term "debt collection" means
that portion of the credit management cycle
dealing with recovery of amounts due after
routine followup fails, and includes the as-
sessment of the debtor's ability to pay, the
exploration of possible alternative arrange-
ments to increase the debtor's ability to pay,
and other efforts to secure payment.
(13) The term "delinquency" means the
status of any account which is 30 days past
due.
(14) The term "default" means the failure
to meet any obligation or term of a credit,
grant, or contract agreement that causes
the lender to accelerate demand on the bor-
rower because of the severity of the borrow-
er's breach of the agreement, and for pur-
poses of this chapter, default occurs-
(A) in the case of a direct loan, when the
account is past due over 180 days; and .
(B) in the case of guaranteed loan, when
the Government repurchases the loan.
(15) The term "reschedule"-means to es-
tablish new terms and conditions to facili-
tate repayment of a debt.
(16) The term "referral for litigation"
means-
(A) referral to the Attorney General for'
appropriate legal proceedings; or
(B) in any case in which an executive
agency has statutory authority to bring
legal actions without referral to the Attor-
ney General, referral to the organization
within the executive agency that is respon-
sible for litigation. -
(17) The term "credit report" means any
written or documented oral communication
of information provided by a commercial or
consumer credit reporting agency dealing
with the creditworthiness or financial reli-
ability of an applicant or debtor. -
(18) The term "Under Secretary" means
the Under Secretary of the Treasury for
Debt Collection and Credit Management ap-
pointed under section 3603 of this section.
(19) The term "agency head" means, with
respect to an executive agency, the chief ex-
ecutive of the agency.
(20) The term "function" includes any
duty, obligation, power, authority, responsi-
bility, right, privilege, activity, or program.
(b) There shall be in the Department of
the Treasury an Under Secretary of the
Treasury for Debt Collection and Credit
Management, who shall be appointed by the
President, by and with the consent of the
Senate.
(c) The Under Secretary shall-
(1) be the principal advisor to the Presi-
dent with respect to Federal credit manage-
ment and debt collection policy;
(2) provide leadership, central direction,
guidance, and monitoring of the executive
agencies in credit management and debt col-
lection and related financial reporting;
(3) prepare and transmit to the Congress
and the Comptroller General, within one
year after the date of enactment of this sec-
tion and in consultation with agency heads,
comprehensive debt collection and credit
management plans which comply with sub-
section (d) of this section;
(4) review executive agency credit man-
agement and debt collection plans and poli-
cies in order to assure that-
(A) such plans and policies are-
(i) consistent with the overall objectives,
structure, and information requirements of
comprehensive debt collection and credit
management plans prepared under para-
graph (3) of this subsection; and
(ii) applied uniformly across agencies to
assure parity and consistency; and
(B) in the case of any project for the de-
velopment of new or improved financial
management systems, such project does not
duplicate efforts by other agencies;
(5) ensure that the President and the Con-
gress are kept fully and currently informed
of the Federal Government's-
(A) financial position and results of its op-
erations;
(B) financial management condition; and-
(C) requirements for financial resources to
correct deficiencies and improve the effec-
tiveness of accounting systems, financial
systems, and systems of internal controls;
(6) identify and establish financial man-
agement objectives and information require-
ments in order to define the data require-
ments of standards established by the
Comptroller General for the use by all exec-
utive agencies in the development and oper-
ation of their financial management sys-
tems;
(7) require each executive agency to
submit comprehensive records describing in
detail debt status and collection efforts, by
program, project, or activity;
(8) provide an annual summary of the ac-
tivities conducted under this section to the
Committee on Governmental Affairs of the
Senate, the Committee on Government Op-
erations of the House of Representatives,
and the Committees on Appropriations of
the Senate and the House of Representa-
tives, describing the progress made in im-
proving debt collection and credit manage-
ment, and recommending such changes in
Federal law for the purpose of improving
debt collection and credit management as
the Under Secretary considers appropriate;
and
(9) promulgate such regulations as may be
necessary to carry out this section.
(d) The comprehensive debt collection and
credit management plans required under
paragraph (3) of subsection (c), shall, at a
minimum- -
(1) establish credit management and debt
collection practices, procedures, and regula-
tions that implement and comply with this
section and regulations of the Under Secre-
tary, and all other relevant laws, regula-
tions, rulings, and guidance;
(2) define and assign debt collection and
credit management responsibilities for each
executive agency;
(3) establish employee performance ap-
praisal standards and bonus award pro-
grams that take into account employee con-
tributions to improving the operation of
credit management and debt collection pro-
grams;
(4) establish accounting practices and pro-
cedures and automated management infor-
mation systems to enable each executive
agency to produce accurate financial reports
on those programs that generate receiv-
ables, including reports such as operating
statements, statements of financial position;
and cash flow statements; and
(5) require annual evaluations of credit
management and debt collection operations
and systems in order to identify areas in
which such operations and systems could be
improved and to initiate actions to correct
any problems identified through such eval-
uations.
(e) Within 60 days after receiving a plan
under paragraph (3) of subsection (a), the
Comptroller General shall prepare and
transmit to the Congress a report which
contains the analysis and comments of the
Comptroller General with respect to the
plan and the progress being made by execu-
tive agencies to strengthen credit manage-
ment and debt collection.
(f)(1)(A) The Secretary of the Treasury
shall establish Federal credit management
policies and promulgate regulations imple-
menting this section. Such policies and reg-
ulations shall apply to-
(i) direct loans, loan guarantees, loan in-
surance, financial contracts designed to sup-
port borrowing, and debts arising from con-
tracts, grants, and other administrative ar-
rangements; and
(ii) all executive agencies and Government
corporations unless specifically exempted
from Federal control by other statutory au-
-thority.
(B) The Secretary of the Treasury shall
include in regulations promulgated under
this paragraph regulations with respect to-
(i) all credit practices necessary to make
Federal credit practices substantially con-
form to the best established credit practices
of the private sector;
(ii) credit analysis of borrowers (including
determinations with respect to creditworthi-
ness, financial responsibility, financial state-
ments, identification of collateral, and abili-
ty to repay);
(iii) prescreening procedures (including
the use of credit reports and, records from
the same or other executive agencies to
identify applicants who are delinquent or in
default on debt contracted under other Fed=
eral programs, projects, or activities);
(iv) program eligibility;
(v) alternative sources of credit;
(vi) use of taxpayer identification num-
bers;
(vii) establishment of regular repayment
schedules;
(viii) account servicing practices (includ-
ing adequate recordkeeping and documenta-
tion, account review and loss estimates, fol-
lowup procedures on delinquent accounts,
and automation of loan servicing activities);
(ix) debt accounting and reporting sys-
tems;
(x) interest, penalties, and administrative
costs;
(xi) administrative offset;
(xii) use of collection agencies;
(xiii) referral for litigation;
(xiv) calling guarantees;
(xv) controlling and foreclosing on collat-
eral;
(xvi) Federal employee salary offset;
(xvii) income tax refund offset;
(xviii) rescheduling;
(xix) writeoff and closeout procedures;
(xx) portfolio sales;
(xxi) management review;-and
(xxii) improvement plans.
(2) Regulations promulgated under para-
graph (1) of this subsection shall not apply
to debt arising under the Internal Revenue
Code of 1986, the Social Security Act, the
tariff laws of the United States, or to debts
owed by State or local governments.
(g) The Secretary of the Treasury shall
prescribe minimum requirements for con-
tracts for all loans or loan guarantees gov-
erned by this section.
-(h) The total amount of delinquent debts
owed to executive agencies (other than
debts arising under the Internal Revenue
Code of 1986) shall be reduced by an
amount equal to the amount of delinquent
debt owed to the United States recommend-
ed and targeted for debt collection in the
President's Budget for fiscal year 1989 plus
$2,000,000,000 (hereinafter referred to in
this section as "additional collections").
(I) The Secretary of the Treasury, after
consulting with each agency head and re-
ceiving the proposals of each agency head
for debt collection targets, shall develop and
specifically establish debt collection targets
for each fiscal year for each executive
agency debt collection program. Such tar-
gets shall be established in conjunction. with
the provisions of the comprehensive debt
collection credit management plans estab-
lished pursuant to section subsection (c)(3)
of this section and shall be designed to im-
plement subsection (h).
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005ROO1300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
S 2882 CONGRESSIONAL RECORD -- SENATE March 23, 1988
(j) To the extent that any debt collection
targets established by the Secretary of the
Treasury under subsection (i) of this section
for an executive agency for a fiscal year are
exceeded by such agency (not including ad-
ditional collections), 15 percent of the
amount by which such agency exceeds the
targets for such, fiscal year shall be made
available to the executive agency as addi-
tional program funding for the particular
program or activities involved in the debt
collection activity. The balance of the delin-
quent debts, other than additional collec-
tions, collected under this section shall be
returned to the Treasury of the United
States and shall be used to reduce the
public debt. An amount equal to the amount
of such delinquent debts collected as addi-
tional collection is appropriated to the Anti-
drug Abuse Fund established by section
9511 of subchapter A of chapter 98 of the
Internal Revenue Code of 1986.
(k) To the extent that any debt collection
targets established by the Secretary of the
Treasury under subsection (b) of this sec-
tion for an executive agency for a fiscal year
are not met by such executive agency, the
amounts that were appropriated for the
programs or activities at the executive
agency failing to meet such targets shall be
reduced by an amount equal to 15 percent
of the difference between the amount col-
lected by the executive agency toward its
debt collection target and the actual debt
collection target established by the Secre-
tary of the Treasury under subsection (I) of
this section.
(1) The Secretary of the Treasury shall
promulgate regulations which prescribe
standards for use by executive agencies in
developing proposals for debt collection tar-
gets. Such standards shall require executive
agencies to consider, for each program or
activity, such factors as-
(1) the characteristics of the debts and
debtors involved;
(2) the historical experience of the
agency, other government agencies, and the
private sector in the collection of similar
types of debt;
(3) the rates of delinquency and default;
(4) planned Improvements in the agency's
debt collection programs; and
(5) such other factors as the Secretary of
the Treasury considers appropriate.
(m) Officers and employees of executive
agencies responsible for the management of
debt collection programs shall be held ac-
countable (as part of the performance
standards to be established under subsec-
tion (c)) for establishing and periodically re-
viewing and revising procedures and targets
that comply with the requirements of this
section and the regulations of the Secretary
of the Treasury.
(n) Any reductions to executive agency ap-
propriations under this section shall be re-
ported in detail to the Congress by the Sec-
retary of the Treasury and shall be included
in detail in all budget justifications present-
ed by the executive agency to. the Congress.
(o) Section 3711(f) of title 31, United
States Code, is amended by-
(1) striking out "may" after "legislative
agency" in paragraph (1) and inserting in
lieu thereof "shall"; and
(2) striking out "may" after "system" in
subparagraph (A) of such paragraph and in-
serting in lieu thereof "shall".
(p) Section 3718(a) of title 31, United
States Code, is amended by-
(1) inserting "to augment agency collec-
tion efforts" after "appropriate";"
(2) striking out "may" after "head of the
agency" and inserting in lieu thereof
"shall";
(3) striking out "; and" at the end of para-
graph (1);
(4) striking out the period at the end of
paragraph (2)(B) and inserting In lieu there-
of "; and"; and
(5) inserting after paragraph (2) the fol-
lowing new paragraph:
"(3) the person will submit to the agency
status reports on the success of such person
in collecting such debts at least once every
six months.".
(q) Section 5514(a) of title 5, United
States Code, is amended by adding at the
end thereof the following new paragraphs:
"(5) This subsection does not apply to in-
tragency deductions for routine administra-
tive overpayments which are the result of
clerical or administrative error or delays in
the processing of pay documents, and which
are rarely controversial or disputed. With
respect to these routine adjustments of pay,
the agency should afford the individual rea-
sonable opportunity to dispute the deduc-
tion. Such opportunity need not be provided
prior to making the deduction.
"(6) No claim may be collected under the
authority of paragraph (1) of this subsec-
tion at any time after 10 years after the
claim first accrues.".
(r) Section 6103(m)(2)(A) of the Internal
Revenue Code of 1986 is amended-
(1) by inserting before the period a comma
and "or other statutory authorities granting
agencies independent claims collection au-
thority"; and
(2) by striking out "the Secretary may"
and inserting in lieu thereof "the Secretary
shall".
(s) Section 3719 of title 31, United States
Code, is amended-
(1) by striking out "the Director of the
Office of Management and Budget" in sub-
section (a) and inserting in lieu thereof "the
Under Secretary of the Treasury for Debt
Collection and Loan Management";
(2) by striking out "Director" each place it
appears in subsections (a) and (b) and in-
serting in lieu thereof "Under Secretary";
(3) by striking out "and the Secretary at
least once each year" in subsection (a) and
inserting in lieu thereof "in accordance with
regulations issued by the Under Secretary
under section 3603 of this title";
(4) by striking out "and" at the end of
subsection (a)(1)(E);
(5) by inserting "and" after the semicolon
in subsection (a)(1)(F);
(6) by inserting after subparagraph
(a)(1)(F) the following new subparagraph:
"(G) the agency's progress in implement-
ing chapters 36 and 37 of this title, and the
agency's monetary and programmatic goals
for improving collections and reducing de-
linquencies and writeoffs;"; and
(7) by striking out "and shall report annu-
ally to Congress on the management of debt
collection activities by the head of each
agency" in subsection (b) and inserting in
lieu thereof "and shall prepare (for inclu-
sion in the budget submissions required by
section 1105 of this title) a detailed state-
ment of the Under Secretary's evaluation of
each agency's implementation of its debt
collection and loan management responsibil-
ities for each debt collection and credit pro-
gram administered by the agency".
(t) Section 1105(a) of title 31, United
States Code, is amended by adding at the
end thereof the following new subpara-
graph:
"(26) a separate statement for each
agency and program contains the informa-
tion specified in section 3719(b) of this
title.".
(u) Section 3701(b) of title 31, United
States Code, is amended to read as follows:
"(b) In subchapter II of this chapter, the
terms 'debt' and 'claim' mean any amount
owed to the Government, except that such
term does not include any amounts owed by
one agency to another agency, and except as
otherwise provided by law.".
SEC. 1006. TRUST FUN!).
Subchapter A of chapter 98 of the Inter-
nal Revenue Code of 1986 is amended by
adding at the end thereof the following new
section:
"SEC. 9511. ANTIDRUG ABUSE TRUST FUNS).
"(a) CREATION or TRUST FUND.-
"(1) IN GENERAL.-There is hereby estab-
lished in the Treasury of the United States
a trust fund to be known as the "Antidrug
Abuse Trust Fund".
"(2) ACCOUNTS IN TRUST FUND. The Anti-
drug Abuse Trust Fund shall consist of such
amounts as may be appropriated, credited.
or paid to it as provided in this section.
"(b) APPROPRIATIONS.-
"(1) TRANSFER OF CERTAIN TAXES TO AC-
COUNT.-There is hereby appropriated to the
Antidrug Abuse Trust Fund amounts equiv-
alent to the following amounts received in
the Treasury on or after October 1, 1988-
"(A) the additional amounts of collections
resulting from the enforcement activities of
the additional personnel provided under sec-
tions 1001, 1002, 1003, and 1004 of the Om-
nibus Antidrug Abuse Act of 1988 which is
over and above that assumed with respect to
such collections in the Omnibus Budget
Reconciliation Act of 1987 and the Joint
Resolution making further continuing ap-
propriations for the fiscal year 1988, and for
other purposes, approved December 22,
1987, and -
"(B) the additional collections referred to
in section 1005 of the Antidrug Abuse Act of
1988.
"(2) EXPENDITURES FROM FUND.-Amounts
in the Trust Fund shall be available, as pro-
vided by appropriation Acts, to carry out
the purposes of the Omnibus Antidrug
Abuse Act of 1988.".
SUMMARY ANALYSIS OF THE OMNIBUS ANTI-
DRUG ACT OF 1988
TITLE I-DRUG ENFORCEMENT AND PERSONNEL
ENHANCEMENT
Subtitle A. Asset Forfeiture Fund Amend-
ments Act of 1988:
Makes certain changes to the Treasury
and Justice Department Asset Seizure funds
to allow those funds to be more easily pro-
vided to state and local agencies which con-
tributed to the seizure.
Allows some of those funds from the Jus-
tice account to be used for prison construc-
tion.
Removes caps from those funds and takes
the use of those funds off-budget.
Subtitle B. State and Local Narcotics Con-
trol Assistance:
Authorizes the Bureau of Justice Assist-
ance (which expires this year) and requires
that the BJA Administrator be appointed
by the President with the advice and con-
sent of the Senate.
Requires each state to submit a "master"
plan or strategy which encompasses demand
reduction, education, and law enforcement
programs and delineates 30 different pur-
poses for which these funds can be used.
Establishes an expedited grant system for
metropolitan areas with a population over
500,000.
Provides accountability by implementing
reporting and feedback requirements (pro-
viding funds to carry out the same), while
identifying those programs whch are suc-
cessful, with the intent of encouraging simi-
lar programs.
Sets up a three-year approach by which a
program funded in the first year would re-
ceive the same funding for the following
two years, and authorizes $250 million the
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
March 23, 1988 CONGRESSIONAL RECORD - SENATE
first year, $500 million the second year, and
$750 million in the third year.
$5 million and 96 FTE to allow BJA to im-
plement this grant program.
Subtitle C. Chemical Diversion and Traf-
ficking Act of 1988:
Identical to H.R. 2585, a bill to suppress
the diversion and trafficking of precursor
chemical and other chemicals used in the il-
licit manufacture of controlled substances.
Subtitle D. Comprehensive Federal Law
Enforcement officer Improvements Act of
1988:
Makes certain provisions for law enforce-
ment officers, including increased death
benefits for all federal, state, and local offi-
cers.
Establishes a National Advisory Commis-
sion on Law Enforcement to examine pay
and benefits and report to the President
within six months.
Subtitle E. Deportation of Convicted For-
eign Drug Inmates:
Provides for the deportation of "violent
criminal aliens" who have been convicted of
an aggravated violent felony, while provid-
ing safeguards.
Subtitle F. Customs Enforcement Amend-
ments Act of 1988:
Provides for the inspection of vessels by
Customs officers under certain conditions
on the high seas.
Clarifies current law regarding transfer of
seized assets to contributing state and local
law enforcement agencies and foreign gov-
ernments.
Authorizes the Secretary of State to
revoke the passport of any individual con-
victed of a felony narcotics violation.
Subtitle G. Authorization of Additional
Appropriations for Drug Enforcement Per-
sonnel, Fiscal Year 1989:
Coast Guard. $45 million and 800 FTE's
above the President's request.
Customs. $30 million and 600 FTE above
President's budget
Border Patrol. $20 million and 500 FTE's
above President's request.
INS. $19 million and 225 criminal and or-
ganized crime investigator FTE's above
President's request. -
ATF. $8 million and 140 FTE's over Presi-
dent's request, including 10 FTE's to estab-
lish a Bureau of Alcohol, Tobacco, and Fire-
arms Drug Educations officers program, and
certain reimbursements for state and local
personnel.
DEA. $60 million and 224 FTE's above the
President's request, including five FTE's for
program similar to above.
FBI. $38 million and 400 FTE's above the
President's request, including five FTE's for
program similar to above.
Marshals Service. $73.8 million above the
President's request to be used as follows:
1. $11.5 and 230 FTE's for asset seizure
and forfeiture activities;
2. $30.7 and 20 FTE's for jail cell renova-
tions including Cooperative Agreement Pro-
gram projects;
3. $10 million and 188 FTE's for criminal
justice support activities;
4. $6.2 million and 104 FTE's for protec-
tion of the federal judiciary and federal
courts due to increased drug-related trials;
5. $4.6 million and 60 FTE's for Witness
Security Program; and
6. $10.8 and 139 FTE's for fugitive pro-
grams.
$10 million and 200 FTE for additional
U.S. Attorneys.
Authorizes $150 million for new federal
prison construction.
Subtitle H:
Authorizes rewards for information on
narcotics fugitives.
Prohibits dangerous weapons in federal
courthouses.
Authorizes payments to state and local ju-
risdictions for the housing and care of per-
sons in Marshals Service custody.
TITLE II. INTERNATIONAL NARCOTICS CONTROL
AND ASSISTANCE TO FOREIGN COUNTRIES
Subtitle A. International -Drug Eradica-
tion Improvement Program:
Establishes an International Special Oper-
ations Drug Eradication Squadron within
State for use in source countries.
Authorized an additional $12 million for
the procurement of aircraft, equipment,
O&M, and salaries and expenses for the
Squadron.
Requires the Secretary of State to estab-
lish strict criteria and guidelines for employ-
ing the squadron.
Subtitle B. International Narcotics Mat-
ters Improvement and Special Assistance
Programs:
Establishes a three-year economic assist-
ance grant program under AID for source
countries which meet specific eradication
goals (15 percent verifiable in the first year,
40 percent by the third year to be deter-
mined by DEA).
Authorizes $200 million for the program
for each of the three years.
Directs the Comptroller General to moni-
tor the program, and provides for a panel of
Administration and Congressional repre-
sentatives to assess the program after three
years.
Subtitle C. Amendments to Foreign Assist-
ance Act of 1961, as Amended:
Implements certain changes to the report-
ing requirements of the Act concerning the
cooperation of source and transshipment
countries in narcotics control.
Subtitle D. International Narcotics Mat-
ters Authorization of Appropriations:
Authorizes $138 million in the first year
and $150 million for the second year for
INM, including:
$500,000 to be used for coca eradication re-
search; -
$900,000 to provide protective equipment
for aircraft used in narcotic eradication and
interdiction efforts in source or transship-
ment countries upon notification of Con-
gress; and
$2 million to be used for training in for-
eign countries relating to narcotics control.
Allows funds withheld from non-cooperat-
ing countries to be used for narcotics con-
trol in cooperating countries.
Provides certain assistance for Bolivia;
limits and conditions amount of funds
which can be made available to Mexico; pro-
vides other foreign assistance programs in-
volving education and reporting.
Subtitle E. Latin American Anti-Drug
Strike Force:
Creates within State an Ambassador at
Large and Coordinator for Western Hemi-
sphere Anti-Drug Efforts.
Directs the Joint Chiefs of Staff to devel-
op a plan for a Latin American strike force
to eradicate and interdict narcotics in the
Western Hemisphere (outside the U.S. and
its territories).
Would involve Latin American personnel
using U.S.-provided resources.
TITLE III. DRUG INTERDICTION ASSET
IMPROVEMENT. AND ENHANCEMENT
Subtitle A. Coast Guard:
Provides $186 million for marine and air
interdiction assets and for O&M.
Subtitle B. Customs:
Provides $110 million for Air Interdiction
assets and $15 million for salaries and ex-
penses.
Subtitle C. Department of Defense:
Provides $75 million for four aerostats,
$15 million for surveillance flights and re-
lated purposes, and $10 million for assets in
S 2883
establishing the Latin American Strike
Force.
Subtitle D. DEA:
Provides $48 million for the establishment
of an International Drug Interdiction heli-
copter force similar to OPBAT; $4 million
will go to EPIC for enhancing tactical intel-
ligence.
Subtitle E. INS/Border Patrol:
$20 million for Border Patrol equipment.
Subtitle F. Establishment of Interagency
Southwest Border Drug Interdiction Mobile
Corridor Task Force:
Provides $15 million for 100 Border
Patrol, 25 Customs, and 25 DEA agents as-
signed to two mobile corridor operations
forces, with line authority given to joint
commanders.
Subtitle G. U.S.-Bahamas Drug Interdic-
tion Task Force: -
Authorizes $13 million for joint efforts.
Subtitle H. Special Drug Interdiction Sup-
port:
Authorizes grant programs for procure-
ment of assets to Puerto Rico-$7 million,
Jamaica-$7 million, Dominican Republic-
$5 million, Hawaii-$7 million.
. TITLE IV. DEMAND REDUCTION
Subtitle A. Treatment and Rehabilitation:
Authorizes $20 million for grants to em-
phasize community based residential treat-
ment services such as halfway houses and
therapeutic communities, including the pur-
chase of land and construction of facilities.
Subtitle B. Alcohol and Drug Abuse Treat-
ment and Rehabilitation i Act of 1988:
Authorizes $558 million in first year, and
$583 million in the second year, and $608
million in the third year for Alcohol, Drug
Abuse and Mental Health Bloc Grant pro-
gram.
Authorizes $600 million in the first year,
$625 million in the second year, $650 million
in the third year for Substance Abuse Emer-
gency Drug Treatment Programs.
Subtitle C. Drug-Free Schools and Com-
munities Act Amendments of 1988:
Authorizes $300 million in the first year,
$350 million in the second year, and $350
million in the third year with specific re-
porting and accountability requirements.
TITLE V. NATIONAL DRUG ENFORCEMENT AGENCY
REORGANIZATION AND COORDINATION
Subtitle A. National Border Coordination
and Reorganization Act of 1988:
Establishes Office of Enforcement and
Border Affairs within the Department of
the Treasury, and places Coast Guard and
Customs within that office.
Subtitle B. Department of Defense Drug
Interdiction Reorganization:
Establishes within ISA a Deputy Assistant
Secretary for International Drug Interdic-
tion and Enforcement with the overall duty
of DOD drug interdiction and enforcement
activities.
TITLE VI. RESEARCH AND DEVELOPMENT FOR LAW
ENFORCEMENT AGENCIES
Subtitle A. Establishment of New Re-
search and Development Programs to Assist
Federal Law Enforcement Agencies:
Directs the establishment of a Research
and Technology Group under the National
Drug Policy Board and creates an advisory
board to report to the Group.
Designates 8 existing facilities under the
Departments of Defense, Justice, and
Energy and other agencies as "National
Technology Development Centers" to devel-
op technologies for federal law enforcement
applications.
Subtitle B. Cargo Container Drug Detec-
tion Research and Development:
Authorizes $5 million for developing tech-
nology.
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005ROO1300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
S 2884 CONGRESSIONAL RECORD -SENATE March 23, 1988
TITLE VII.. DRUG ENFORCEMENT TRAINING
IMPROVEMENT
Subtitle A. The Federal Law Enforcement
Training Center Improvement Act of 1988:
Expands and improves the Federal Law
Enforcement Training Center, and provides
an additional $10 million for fiscal 89, a
total of $45 million in fiscal 90, and a total
of $50 million in fiscal 91.
Subtitle B. Department of Justice Train-
ing Facilities Improvement Act of 1988:
Provides an additional $10 million for ex-
isting Justice facilities and $10 million for
new facilities.
Subtitle C.
Provides a total of $11 million to establish
a foreign language training program for spe-
cial agents of federal civilian drug enforce-
ment agencies within the Departments of
Defense and State.
Subtitle D. Special Training Centers:
Provides $10 million for the establishment
of a National Training Center in El Reno,
Oklahoma,-to train Federal, State, and local _
prison officials in drug rehabilitation pro-
grams targeted to criminals convicted of
drug-related crimes.
TITLE VIII. DRUG TESTING IN THE PRIVATE
WORKPLACE
Requires that laboratories performing
drug testing for the private workplace meet
certain minimum standards, and that no
action be taken against an employee or ap-
plicant based on a test from a laboratory
not meeting those minimum standards.
TITLE IX. CONGRESSIONAL POLICY REGARDING
ADDITIONAL. FUNDING FOR FISCAL YEAR 1989
FOR ANTI-DRUG ABUSE PROGRAMS
Provides for the continuity of funding for
the programs authorized in the Act and es-
tablishes framework for partial offset of
cost.
COST BREAKDOWN OF OMNIBUS ANTI-DRUG
ABUSE ACT OF 1988
(Note: These Figures Represent the In-
crease Over the President's Fiscal Year 1989
Budget Request, Unless Otherwise Noted.)
These Are Estimates of Budget Authority
TITLE I: DRUG ENFORCEMENT AND PERSONNEL
ENHANCEMENT
Subtitle A: Asset Forfeiture Fund Amend-
ments Act of 1988.
No new budget authority required to im-
plement.
Subtitle B: State and Local Narcotics Con-
trol Assistance.
Estimated Cost: $250,000,000 FY 1989
(Total funding); 500,000,000 FY 1990 (Total
funding); 750,000,000 FY 1991 (Total fund-
ing); and 5,000,000 FY 1989 (96 FTE/BJA).
Subtitle C: Chemical Diversion and. Traf-
ficking Act of 1988.
No new budget authority required to im-
plement.
Subtitle D: Comprehensive Federal Law
Enforcement Officer Improvements Act of
1988.
Estimated Cost: $10,000,000 (covers in-
creased death benefits and Commission).
Subtitle E: Deportation of Convicted For-
eign Drug Inmates.
No new budget authority required to im-
plement.
Subtitle F: Customs Enforcement Amend-
ments Act of 1988
No new budget authority required to im-
plement.
Subtitle G: Authorization of Additional
Appropriations for Drug Enforcement Per-
sonnel, FY 1989.
Estimated Cost: Coast Guard: $45,000,000/
800 FTE; Customs Service: $30,000,000/600
FTE; Border Patrol: $20,000.000/500 FTE;
and INS: Criminal Investigators: $3,000,000/
50 FTE.
INS: OCDETF agents: $16,100,000/175
FTE; BATE: $8,000,000/140 FTE; DEA:
$60,000,000/224 FTE; FBI: $38,000,000/400
FTE; Marshals Service: $73,800,000/741
FTE; and U.S. Attorneys: $10,000,000/200
FTE.
Subtotal: $303,900,000/3,830 FTE.
(Note: FTE=full-time equivalent posi-
tions.)
Estimated Cost: Federal Prison System
construction: $200,000,000 FY 1989.
Subtitle H: Miscellaneous Law Enforce-
ment Provisions.
Estimated Cost: $1,000,000 for President's
Media Commission on Alcohol and Drug
Abuse Prevention.
TITLE H INTERNATIONAL NARCOTICS CONTROL
AND ASSISTANCE TO FOREIGN COUNTRIES
Subtitle A: Internationa' Drug Eradica-
tion Improvement Program.
Estimated Cost: $12,000,00.0 FY 1989.
Subtitle B: International Narcotics Mat-
ters Improvement and Special Assistance
Programs.
Estimated Cost: $200,000,000 FY 1989,
1990, & 1991 each.
Subtitle C: Amendments to Foreign Assist-
ance Act of 1961, As Amended.
No new budget authority required to im-
plement.
Subtitle D: International Narcotics Mat-
ters Authorization of Appropriations.
Estimated Cost: $30,000,000 FY 1989,
$150,000,000 total funding,. FY 1990.
1,000,000 A.I.D. drug education program.
Subtitle E: Latin American Antidrug
Strike Force.
Estimated Cost: $10,000,000 start up costs,
funded in Department of Defense portion of
Title III, Drug Interdiction Asset Improve-
ment and Enhancement.
TITLE III: DRUG INTERDICTION ASSET
IMPROVEMENT AND ENHANCEMENT
Subtitle A: Coast Guard: $186,000,000 FY
1989.
Subtitle B: Customs Service: $125,000,000
FY 1989.
Subtitle C: Department of Defense:
$90,000,000" ("Also, $10,000,000 for Latin
American Strike Force established in Title
II.).
Subtitle D: Drug Enforcement Adminis-
tration: $48,000,000.
Subtitle E: Border Patrol: $20,000,000.
Subtitle F: Interagency S.W. Border Drug
Interdiction Mobile Corridor Task Force:
$15,000,000/150 FTE, incl. 100-Border
Patrol; 25-DEA: and 25 Customs.
Subtitle G: U.S.-Bahamas Drug Interdic-
tion Task Force: $13,000,000.
Subtitle H: Special Drug Interdiction Sup-
port: $26,000,000, including: $7,000,000-
Puerto Rico; $7,000,000-Jamaica; $5,000,000-
Dominican Republic; and $7,000,000-Hawaii.
TITLE IV: DEMAND REDUCTION
Subtitle A: Treatment and Rehabilitation,
Estimated Cost: $20,000,000 FY 1989.
Subtitle B: Alcohol and Drug Abuse
Treatment and Rehabilitation.
Estimated Cost: Basic Block Grant Pro-
gram: ADAMHA: $50,000,000 over President,
FY 1989 (Total of $558,860,000).
Basic Block Grant Program: ADAMHA
$583,000,000 total, FY 1990.
Basic Block Grant Program: ADAMHA
$608,000,OOQ total, FY 1991.
Emergency drug treatment grants:
$435,000,000 over President, FY 1989.
Emergency drug treatment grants:
$625,000,000 over President, FY 1990.
Emergency drug treatment grants:
$650,000.000 over President, FY 1991.
Subtitle C: Amendments to Drug-Free
Schools and Communities Act.
Estimated Cost: $50,000,000 over Presi-
dent, FY 1989; $350,000,000 total, FY 1990;
and $350,000,000 total, FY 1991. -
TITLE V: NATIONAL DRUG ENFORCEMENT
AGENCY REORGANIZATION AND COORDINATION
Subtitle A: Office of Enforcement and
Border Affairs.
No new budget authority required to im-
plement.
Subtitle B: Department of Defense Drug
Interdiction Reorganization.
Estimated Cost: $100,000 FY 1989.
Subtitle C: Establishment of Senate Select
Committee on Narcotics Abuse and Control.
Estimated Cost: $400,000 FY 1989;
$500,000 FY 1990; $600,000 FY 1991.
TITLE VI: RESEARCH AND DEVELOPMENT FOR
LAW ENFORCEMENT AGENCIES
Subtitle A: Establishment of New Re-
search and Development Programs to Assist
Federal Law Enforcement Agencies.
Estimated Cost: $-0- FY 1989; $70,000,000
FY 1990.
'Subtitle B: Cargo Container Drug Detec-
tion Research and Development.
Estimated Cost: $5,000,000 FY 1989.
TITLE VII: DRQc ENFORCEMENT TRAINING
IMPROVEMENT
Subtitle A: Federal Law Enforcement
Training Center.
Estimated Cost: $10,000,000 over Presi-
dent, FY 1989; $45,000,000 total, FY 1990;
and $50,000,000 total, FY 1991.
Subtitle B: Department of Justice Train-
Ing Facilities Improvement Act of 1988.
Estimated Cost: $10,000,000 over Presi-
dent, FY 1989 for expansion of existing fa-
cilities; and $10,000,000 over President, FY
1989 for new training facilities.
Subtitle C: Federal Law Enforcement Lan-
guage Training Improvement Act of 1988.
Estimated Cost: $11,000,000 over Presi-
dent, FY 1989.
Subtitle D: Establishment of National
Training Center in El Reno. Oklahoma.
Estimated Cost: $10,000,000 over Presi-
dent, FY 1989.
TITLE VIII: DRUG TESTING IN THE PRIVATE
SECTOR
No new budget authority required to im-
plement.
TITLE IX: CONGRESSIONAL POLICY REGARDING
ADDITIONAL FUNDING FOR FISCAL YEAR 1989
FOR ANTIDRUG ABUSE PROGRAMS
No new budget authority required to im-
plement.
TITLE X: FUNDING; ACCOUNTS
Subtitle A: Offsetting Revenues and Sav-
ings to Cover the Cost of This Act.
Authorization of Additional Appropria-
tions: Internal Revenue Service.
Processing Tax Returns: $4.675,000/186
FTE over President, FY 1989; Examinations
and Appeals: $158,882,000/3,829 FTE over
President, FY 1989.
Investigation, Collection, and Taxpayer
Service: $123,056,000/2,827 FTE over Presi-
dent, FY 1989.
Estimated revenues from increased collec-
tions available to offset cost of this act:
$1,120,000,000 FY 1989; $2,222,000.000 Fiscal
Year 1990 over President's budget.
Authorization of Additional Appropria-
tions: Bureau of Alcohol, Tobacco, & Fire-
arms.
Salaries and Expenses, BATF: $4,000,000
over President, FY 1989. -
Estimated revenues from increased en-
forcement of special occupational tax en-
forcement by agency: $130,000,000 FY 1989;
$140,000,000 FY 1990.
Accelerated Collection of Delinquent Gov-
ernment Debt: Department of the Treasury.
Language in the bill that would mandate
the collection of $2,000,000,000 over and
above President's budget estimates for debt
collection for fiscal year 1989; $2,000,000,000
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
March 23,198,8 CONGRESSIONAL RECORD - SENATE S 2885
additional debt collections over current esti-
mates for fiscal year 1990.
Incentive _program for agencies that
exceed established debt collection targets;
penalties for those agencies that fail to
meet established debt collection targets.
Notes: All proceeds from the enhanced tax
collections and debt collection payments
would be deposited into a newly-established
Anti-Drug Abuse Fund in Treasury; to be
disbursed by the Secretary of the Treasury
to the agencies responsible for funding the
progrrams, projects, activities, and initia-
tives authorized in this bill. .
Total cost of Omnibus Anti-Drug Abuse
Act of 1988: $2,157,400,000 FY 1989 (Does
Not Include Additional Funding Required to
Collect Additional Revenues/Debt Collec-
tion ). -
Amount of additional tax collections/debt
collections deposited into special fund to
cover cost of this act: $3,250,000,0110 fiscal
year 1989; $4,362.000,000 fiscal 1990.
Total cost of Omnibus drug bill, Including
additional staff/$$ for increased tax and
debt collections: $2,448,013,000_
Total additional revenues available in FY
1989 to cover cost of .omnibus drug bill:
$3,250,000,000.
Difference: $801,987,000.
SUMMARY OF COSTS: DRUG BILL
Title I: $769,900,000.
Title II: 253,000,000.
Title III: 523,000,000.
Title IV: 555,000,000.
Title V: 500,000.
Title VI: 5,000,000.
Title VII: 51,000,000.
Title VIII: 00.0.
Title IX: 000.
Title X: 290,613,000.
Total new budget authority: Omnibus
Anti-Drug Abuse Act, 1988 $2,448,013,000.
-$3,250,000,000 additional revenues avail-
able to cover cost of Omnibus Anti-Drug
Abuse Act of 1988.
Net cost: -801,987,000.
Other notes: Bill authorizes hiring of
4,076 full time positions for law enforce-
ment; US. Attorneys; and support person-
nel. These are positions over and above
President's fiscal year 1989 budget request
of February 18, 1988.
Additional staffing of 6,842 at LR.S. and
40 at BATF to collect additional revenue.
? Mr. MOYNIHAN. Mr. 'President,
President Reagan was quoted in Time
magazine of March 14, 1988, as haying
said on February 29, 1988, that "The
tide of battle has turned, and we are
beginning to win the crusade for a
drug-free America." Indeed. 'Smug-
gling of cocaine and heroin into the
United States nearly doubled between
1981 and 1986, according to the Office
of Technology Assessment.
The Omnibus Anti-Drug Abuse Act
of 1988 is based on the proposition
that the 1 ederal Government should
assume as a normal function the
arrest, prosecution, and punishment of
narcotics dealers. It is elemental. To
help the Federal Government meet
this responsibility, our bill authorizes
much-needed funding increases for the
Coast Guard, Customs Service, Border
Patrol, Drug Enforcement Agency,
and the Federal Bureau of Investigation.
In addition, the Omnibus Anti-Drug
Abuse Act of 1988. resurrects an impor-
tant program which iI have fought 'to
maintain since the onset of the
Reagan administration. That is the
State and Local Narcotics Control As-
sistance Program-the heir to the Law
Enforcement Assistance Administra-
tion. In 1984 and 1985, when President
Reagan tried to eliminate it, I intro-
duced legislation to 'save it. We were
successful in doing so by including it
in the Anti-Drug Abuse Act of 1986.
However, the administration has cut
its budget substantially since then and
proposed to eliminate it entirely for
fiscal year 1989.
Another important provision affects
the numbers of drug law violators
pending trial that have come to this
country illegally. On the first day of
the Congress., I introduced S. 48, the
Criminal Alien Departure Act, to es-
tablish a pilot program whereby drug-
law offenders would be given the
option of a trial, at taxpayers expense,
or be deported immediately. There is a
similar provision in the bill we intro-
duce today; a bill that will do much to
help the Federal-Government meet its
responsibilities in the war against
drugs.*
Mr. GRAHAM. Mr. President, last
week I was in Florida visiting in a
small community in the northern part
of our State, Madison, FL. There I met
with Sheriff.Peevy, a long-time highly
regarded law-enforcement official in
our State. He told me that in that
small community 85 percent of the
persons who were incarcerated in the
county jail were there because of a
drug-related offense. They either had
committed a drug-related crime or
were supporing a drug habit.
Mr. President, this is not an issue
that is exclusive to a handful of large
communities in this Nation. This is
not an issue which is exclusive to a few
areas of geography that are especially
exposed to drug trafficking from inter-
national sources. This is an issue
which has come into the mainstream
and the Main Streets of America. The
strong steps which this legislation
takes would be a statement of our na-
tional commitment .to winning the war
against drugs. I am concerned, Mr.
President, that this is a war in which
we have :sexlt out :mixed .signals. The
actions which 'wiere taken in 1987 in
terms of sharp recommended reduc-
tions in the 1986 drug legislation
would have been analogous to the
United States, in 1942, having decided
to surrender and retreat from the
commitment that we made ion Decem-
ber 8, 1941, in dedlaring war against
the Axis. We need to see that our na-
tional security and victory In the war
against drugs are common objectives.
They are not separate issues. They are
issues which must be seen ,as necessary
victories for America if America is to
realize itts,fut'r re.
Mr. President, I ask unanimous acon-
sent to submit for the RECORD an arti-
cle from the Florida Times Union of
March 13 of- this year and an article
from Newsweek of March 28 of this
year outlining ,the drug situation in
the catty Hof Jacksonville, FL, as well as
on a national :front.
There being no objection, the arti-
cles were ordered to be printed in the
RECORD, as follows:
CRACK FUELS FIRE OF ILLICIT ACTIVITY
(By Peggie I. Evans)
"You want to buy some?" asked G.G., one
of hundreds who sell crack cocaine on the
streets of Jacksonville.
Displaying a big wad of money pulled
from his pocket,, G.G., 19, said he makes
$800 a week selling crack in Brentwood
Park, a public housing project on the city's
Northside.
Six months ago before entering the illicit
drug trade, he said, he worked in a fast-food
restaurant. G.G., unlike many who deal in
crack, said he does not use -drugs, . and uses
his money to buy clothes and for savings.
As the use of crack soars in Jacksonville,
more and more.people like G.G. are taking
to the streets to make big money in a hurry,
police say.
"These are people who found a way to
make money fast," said Jerry Rinehart,
head of federal Drug Enforcement Adminis-
tration office of Northeast Florida. "Jack-
sonville was wide-open for it."
In a little more than a year's tine, .crack,
an inexpensive,. highly addictive form of co-
caine that is smoked, has been designated as
the Jacksonville Sheriff's Office No. 1 crime
problem because of the violence and other
crime it breeds.
"What was a.minimum problem is now an
epidemic," said Wayne Ellis, a-special assist-
ant state attorney in Jacksonville in charge
of a division set up to prosecute major drug
cases in Northeast Florida. Cocaine seizures
here that used to measure in the ounces
now measure in pounds, Ellis said.
Police blame .crack, which accounts for 46
percent of all felony drug arrests in Jack-
sonville, in part for the city's burgeoning
.murder rate-the highest in Florida-and
growing crime rate, the second highest in
the state.
"The people who buy drugs here have to
get money to buy drugs. They steal, they
rob," said Captain W.K. David, head of the
Sheriff's Office's narcotics division. "People
don't rob a 7-Eleven for $50 for the profit"
but for money to buy drugs, he said.
Crime is terrorizing Jacksonville's poor
neighborhoods, where most of the city's
crack is sold-usually openly an street cor-
ners-and where gunfights often break ,out.
In one ,neighbnlthocd, near Myrtle and 21st
streets, seven people were shot to 'death
within a-ew weeks tm' a in late 19137.
Escalating crime and drug fights have
turned some neighborhoods into %artual war
zones, with residents fearful to leave their
homes.
"We hear shooting at night. We don't
know where its coming from," said a gray-
haired grandmother who has lived in 'her
small, neat home in.8pringtieeld for 14 years.
"I used to feel safe living here." the
woman sad. Now, she said, "I'm scared to go
out at night."
Springfield, once a 'neighborhood of,
mostly big, fine homes, is largely.a rundown
Northside neighborhood where many homes
have been boarded up and abandoned. It is
an area :infested with drug dealers, with
street pushers openly flagging down pass-
ers-by in an -effort to make a sale.
"You walk two -blocks and you get killed,"
screamed a man repeatedly to a visitor to
the neighborhood.
"People ,are afraid of getting robbed or
mugged if they leave their homes. And if
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005ROO1300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
S 2886 CONGRESSIONAL RECORD - SENATE
they leave their homes, they're afraid their
homes will get robbed," said Jacksonville
Councilwoman Sandra Darling, who repre-
sents Soringfield. Ms. Darling uses a gun, an
alarm system and three Doberman
pinschers to guard her home in the neigh-
borhood, she said.
Across town in Colony Manor Apartments,
a public housing project on the city's South-
side, a mother recalls getting caught in the
crossfire of a shoot-out as she and her child
pulled their car into the drive of the
project, where she said drugs are openly
sold around the clock.
"I didn't know whether to pull up or go
backward. I had my little boy. We could
have been killed."
"I don't fault the police," the mother, who
like other neighborhood residents inter-
viewed did not want her names used for fear
of reprisals from drug dealers. "The sight of
police cars and they run," but minutes later
they are back selling drugs," she said.
At University Hospital, nurses and doctors
struggle to care for infants born with co-
caine addiction passed on to them from
their mothers who are addicts.
In crack houses-where addicts gather to
buy and smoke the drug-and on street cor-
ners around the city, young women sell
their bodies for as little as $10, police say,
just enough to buy another crack high.
"It's going to get worse before it gets
better," Ellis said. "We're in for a tough
time for the next year or two."
The reason crack use has spread so quick-,
ly in Jacksonville and many other parts of
the nation is because it is cheap, quickly ad-
dictive, and profitable for drug dealers to
sell because of the nation's abundant and
increasing supply of cocaine, which made up
the biggest share of the nation's.1987 esti-
mated $130 billion illegal drug trade, say
federal drug enforcement officials.
Jacksonville's proximity to South Florida,
the nation's hub for cocaine trade, has made
it easy for dealers to get cocaine. The drug
is usually transported from South Florida to
.Jacksonville up -I-95, where heavy traffic
makes it virtually impossible for police to
halt the flow of drugs there, law enforce-
ment officials say.
A "hit," or dose, of crack costs $10 on
Jacksonville's streets, vs. the $70 to $90 a
gram for powered cocaine, making crack af-
fordable to many. Crack users become ad-
dicted to the drug in as little as two weeks,
according to drug therapists.
The tragedy of crack addition is compara-
ble only to heroin addiction, and is perhaps
worse, drug therapists say.
"We've had patients go downhill in three
months, lost their job, everything," said Mi-
chelle Fitzhugh, a head nurse at River
Region Human Services Inc., a nonprofit
Jacksonville drug treatment center. "Some
have engaged in criminal activity to buy the
drug. You don't see that happen so fast in
drugs except crack cocaine."
A $10 hit of crack produces a high that
lasts 15 to 20 minutes, and addicts can spend
in the hundreds of dollars a day to feed
their habits. After their euphoric high, ad-
dicts experience extreme depression, rest-
lessness and become paranoid, with an over-
powering craving for yet another high. -
Crack is made by cooking impurities out
of cocaine, producing a more potent drug.
Tiny yellow chunks of crack are sold on
Jacksonville's streets in small, clear plastic
bags that are used for storing contact
lenses.
The people selling crack on Jacksonville's
streets number in the hundreds, police say,
and many are making hundreds of dollars a
day In drug sales. Many of them are crack
addicts themselves, and many are armed
with guns. and knives.
Most street dealers are from Jacksonville,
but growing numbers are from South Flori-
da.
Because South Florida is saturated with
cocaine and because of heavy drug enforce-
ment there, some small dealers are leaving
the part of the state for greener pastures
elsewhere to sell their drugs for a higher
price with less risk to themselves.
"When we put all the pressure on a place
like Miami and those people start going to
jail, people there start looking for another
place to go" and some are coming to Jack-
sonville, Rinehart said.
An alleged crack dealer known as Bo
Didley, who controlled crack sales in a 30-
block area of Miami, left the city six months
ago after his organization was battered by
heavy arrests and drug seizures, police said.
And according to Miami police Sgt. David
Riggs, Didley has relocated his operation to
Jacksonville.
South Florida's estimated 200 drug kings
who preside over much of the nation's drug
trafficking, however, are not leaving their
longtime base, DEA officials say.
Jacksonville police and federal drug
agents estimate there are less than a half
dozen loosely knit organizations that are
controlling a large portion of crack sales in
Jacksonville. The organizations vary in size
from 10 or 15 people to as many as 50
people who are responsible for transporting
cocaine to Jacksonville, making it into
crack, and distributing it to their numerous
street dealers.
On the streets, teenagers get paid $150 a
day to patrol territories on bicyles and give
street dealers warning of approaching police
units or suspicious cars that may contain
undercover police. The dealers often run
and toss away their drugs, making arrests
difficult.
In addition to the organized crack oper-
ations, police say numerous small entrepre-
neurs are cooking up their own crack to sell
on the streets.
Many of the city's shootings and mur-
ders-42 murders so far this year and 151 in
1987-have been triggered by crack dealers
fighting over street territory or disputes
over drug deals, such as when a crack user
finds he has been sold chips of soap instead
of crack, police say.
The Miami Boys, violent crack dealers
thought to be part of a cartel from South
Florida, make up less than 10 percent of the
city's crack dealers, DEA and Jacksonville
sheriff's official said.
Those running the city's crack cocaine or-
ganizations, which like the street pushers
are made up mostly of Jacksonville people
intertwined with growing numbers from
South Florida, are making as much as thou-
sands of dollars a day, according to Jackson-
ville narcotics Lt. W.B. Hodges.
"They live in the fast lane. They drive big
cars-usually several-like BMWs and Mer-
cedeses," Hodges said. "They like gold. Big
gold chains and big gold diamond rings.
Gold seems to be their status symbol."
The city's major crack dealers live in
middle-class neighborhoods but may deco-
rate their homes elaborately on the inside
with expensive goods, Hodges said -"They
spend most of their money on themselves
and their women," saving little, he said.
Under the Jacksonville Sheriffs Office's
Operation Crackdown, a special task force
set up last November to attack the crack
problem, more than 1,000 people have been
arrested in the last three months. But
almost all have been street pushers and
crack users, with the city's major crack deal-
ers left unscathed.
Federal and Jacksonville law enforcement
agencies are focusing increasing resources
on busting up the city's crack cocaine orga-
March 23, 1988
nizations. When and if the busts are success-
ful, there will be increased violence on Jack-
sonville's streets as new dealers move in and
fight it out over territory, said DEA special
agent Brian Rafferty.
"There will be gang fights and killing on
the streets," said Rafferty, who is stationed
in Jacksonville.
But breaking up the organizations will
also disrupt the flow of crack to the streets,
says DEA's Rinehart, "It'll take organiza-
tions one and a half years to get where
these people are today," Rinehart said.
Crack dealers, who are mostly young and
black, are a separate and distinct group
from cocaine dealers, who are mostly white,
individual entrepreneurs who sell their
drugs through a network of contacts rather
than on the streets, Rinehart said.
Powdered cocaine is an abundant in Jack-
sonville as crack, which is used by blacks
and whites, but the violence and crime asso-
ciated with crack has made that drug law
enforcement's biggest worry, police say.
As part of Operation Crackdown, sheriff's
officers posing as pushers have taken to the
streets selling crack. Crack users have of-
fered as payment for the drug such items as
a moped, chain saw, a leather jacket and
jewelry, items which most likely were
stolen, said David of the city's. narcotics divi-
sion.
The sting operations with police acting as
street, pushers, which some defense lawyers
have decried as entrapment, began in Feb-
ruary and are expected to continue at the
rate of several a month. Police say jailing
crack users, even if only for a short time,
may deter them from seeking the drug
when they are freed for fear of another
arrest.
Possession of crack is a felony, but sen-
tences are often short because of jail and
prison overcrowding. Street dealers are usu-
ally charged with possession 'rather than
stiffer trafficking charges because they
carry only small amounts of crack, stashing
the rest under a nearby bush or letting
someone a block away hold most of their
drug.
Prosecutor Ellis said he is planning to
take crack offenders into the public schools
in a few weeks to talk to students about the
addiction that has placed the addl. its behind
bars and wreaked havoc in their li% es.
Marijuana remains the drug of choice for
most students because it is so cheap, but law
enforcement officials worry that once teen-
agers get out of school they may graduate
to using crack.
"Education is the key to this whole thing,
"Ellis said, "We can't seal the borders, and
we can't put a police officer on every
corner."
Darrel Gonzales started smoking marijua-
na when he was 13 and by 22 was addicted
to crack. Now 26, he is in a drug treatment
for the third time trying to kick his crack
habit.
"It ruined my job that I had. It lowered
my morale, my values. It destroyed every
sense of responsibility. Nothing was as im-
portant as me getting high," said Gonzales,
who once worked at a stock brokerage firm.
Before entering River Region for treatment,
he said, he stole from his family and friends
to help support his up to $100 a day crack
habit.
"It had to be God helping me," Gonzales,
who was never arrested, said about his deci-
sion to enter treatment again. "Crack will
reduce you to nothing." -
THE DRUG GANGS
Bleak by day and terrifying by night,
south-central Los Angeles could be the set
for some B-picture about the world after a
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
March 23, 1988 CONGRESSIONAL RECORD - SENATE S 2887
nuclear apocalypse-a nightmare landscape that the crack problem just keeps getting hundreds of subgroups, or "sets." Sets are
inhabited by marauding thugs and hard- worse." formed along neighborhood lines, and only
nosed cops, a world in which innocence is The ghetto gangs' entry into drug traf- a few have more than 100 bangers; 20 to 30
hostage to violence and bystanders too ficking on a major scale may be creating the members is commonplace. Leadership -is
often wind up as victims. When darkness nation's biggest crime problem in decades. usually collective, and internal organization
comes to Watts, law-abiding citizens cower Drug profits are soaring-and so is the drug- is rudimentary. One gang expert with the
behind locked doors. Shadowy groups of , related homicide rate in cities where the Los Angeles Police ,Department, Deputy
young men pad quietly down the alleyways gangs-are most entrenched. It is arguable, in Chief Glenn Levant, says most sets are as
while police cruisers roam the streets and fact, that the emergence of drug gangs from casually organized as a, pickup basketball
helicpoters clatter overhead. The police coast to coast is very similar to what oc- game. Bloods wear red and Crips wear blue;
presence is overwhelming; anyone on the curred during the early years of Prohibi- traditionally, each gang member wears or
street is liable to be stopped and questioned. tiori, when La Cosa Nostra-the Mafia-con- carries a bandanna (his "rag") to show his
"Hands on the car, homeboy! Where's your solidated its status as an underworld cartel colors. (Many gangs also use "signs," which
JD? What's that in your pocket? Got any by building on the profits of illicit alcohol. are hand gestures like a letter of the deaf
dope? Seen any gang bangers? Where you "Look. at the development of organized alphabet, for identification when the mem-
been, where you going?Answer me, homes- crime in the United States," says Thomas bers are not wearing their colors.) But local
Fm talkie" to YOU." Reppetto, president of the Citizen's Crime variations on the theme are endless, and
Week by week and year by year, the omi- Commission of New York, a privately Crip gangs are almost as likely to fight each
nous statistics mount up: in 1987, when funded group. "If we've learned anything, other as they are to`fight-the Bloods.
gang homicides rose to 387 in Los Angeles it's that once we let these guys get too big, The days when rival gangs fought each
'County, the cops made more than 12,000 to we've [control]. nora The situation that [ghetto] will gangs take s now w have decades other only over turf and colors are fading
o
gang-related arrests and countless thou- fast. In Los Angeles, Chicago, New York and
sands of curb-side rousts in south-central an opportunity provided by the crack explo- Sion and the breakup of [traditional] orga? dozens of other cities, gang conflicts have
,L.A. The name of this tough and dangerous nized-crime groups. These gangs are where become a form of urban-guerrilla warfare
gang is suppression-a massive attempt by the [Italian] gangs were when they moved over drug trafficking. Informers, welshers
,the outnumbered Los Angeles police and into bootlegging. We can't let that happen and competitors are ruthlessly punished;
sheriff's departments to keep the estimated again." many have been a ssassinated. Gang turf,
70,00 gang members in Los Angeles County 'Kill him': The analogy to Prohibition, as which is still demarcated with graffiti in Los
off balance and the defensive. It isn't work- Reppetto notes, has one significant flaw: Angeles, now involves inure than bragging
ing. Despite years of experience combating today's ghetto gangs, especially the Jamai- rights; it is sales territory.Some, gang graffi-
street crime, few L.A. cops will deny that can posses, are far more violent than the ti care coded threats. One in south-central
their'war against the groups has taken a de- Mafia. In part, the extraordinary level of vi- .L.A..reads as follows: "Big Hawk 1987 BSVG
cisive turn for the worse. The gangs are offence is the result of the ready availability c 187." To translate, Big Hawk is a gang
better armed and more violent than ever of military and paramilitary weapons. Guns member's street name. BSVG stands for
before; they are also more adept at evading like Uzis, AK-47 assault rifles and AR-15 se- Blood Stone Villains Gang, -a Bloods set.
the law. It's like Vietnam, says one prosecu- miautomatics are widely bought (some even The lower-case c, which is 'deliberately x'd
tor: "The cops are winning all the battles, legally in gunshops) by gang members, who out, indicates that the writer kills Crips, and
but we're still losing the war." finance their high-tech arsenals with profits the number 187 refers to :the section of the
The reason is-drugs-particularly crack, or from the drug trade. Another factor, ex- California criminal code for murder.
"rock," cocaine. The trade, built on the - perts agree, is the sociopathic recklessness "Rollers and O;G.'s": The variety of :drugs
enormous influx -of cocaine from Latin of these youth: big-city ghettos and barrios sold by big-city gangs includes heroin, mari-
.America, is now transforming some of the are full of teenagers whose poverty and dep- Juana, PCP, hallucinogens and designer
country's toughest street gangs into ghetto- rivation have immunized them to both hope drugs like fentanyl, a synthetic heroin that
based drug-trafficking organizations. Equal- and fear. The result is a casual acceptance is even more potent than the real thing and
ly ominous, according to law-enforcement of-and sometimes enthusiasm for-torture just as additive. But crack cocaine is the
.sources, is the fact that at least some L.A. and murder, "drive by" shootings and public rage-and the scourge-of the ghetto. Crack
gangs have now -established direct connec- mayhem. "If they don't kill you, they'll kill is a drug peddler's dream: it is cheap, easily
Lions to major Colombian smugglers, thus your mother," BATF's Watterson says of -concealed and provides -a short-duration
ensuring a continaus supply of top-quality the Jamaican gangs. "The Cubans and Co- high that invariably leaves the user craving
cocaine. - lombians don't want to deal with them be. more. It was probably inevitable that street
Dangerous as it is, the situation on the cause they're so dangerous." But the point gangs, observing crack's arrival in their
'West Coast is just part of a much larger applies to New York's black and Dominican 'neighborhoods over the past several years,
problem. Big-city gangs in New York, Chica- drug gangs as well. Investigators say these -would be drawn into trafficking themselves,
go, Miami and Washington, DC, are break- gangs make a point of staging their assassi- South-central Los Angeles today, like Miami
ing Into the crack business as well, and some nations in broad daylight whenever possible. and New York, is flooded with crack. It is
are actively spreading drugs and violence to "You don't kill no mother----- from across sold on street corners by peewees and in
other cities all across the country. In Chica- the street," one young hit man explained to rock houses operated by bangers. Some-
go, where gang membership has now undercover agents. "You walk up to him, where behind the scenes, much of the
reached an estimated 13,000 after a lull in you kill him in his head." ghetto cocaine trade is controlled by what
the 1970s, the infamous El Rukns are under Gang culture the mock-feudal tradition Los Angeles calls "rollers" and "O.G.'s"-old
active investigation for drug tafficking. In of inner-city kids banding together for com- gangsters, a term that usually refers to gang
New York, where a rookie cop was assassi- fort, support and mutual protection-has a veterans, many of them still in their 20s,
'hated by a cocaine kingpin's hit men three long and, some would say, romantic history who have been to prison.
weeks ago, police are struggling to contain in America. Think -of "West Side Story." It Rollers, short for "high rollers," are gang
an. explosion of drug-related violence that is still true .thi t many gangs are little more members who have made it big in the drug
has left more than 500 persons dead in than collections of neighborhood youths trade, whether or not they are artuaily at
upper Manhattan .alone during the past five with a penchant for macho posturing, petty - the ' top of the distribution pyramid. Typi-
years. A Miami-based gang called the Un- crime and street brawls over girls or turf. -cally, rollers are in their teens or 20s. 'They
touchables is pushing crack northward to Recruitment begins early, in the grade- tend to wear gold jewelry and drive flashy
Atlanta, Savannah and other cities of the school years: gang veterans call their young cars: Datsun sports coupes, five-liter Mus-
Southeast, where the group is known and acolytes "peewees" or "wannabees" (want- tang, BMW's and Mercedes-Benzes are
feared as the "Miami Boys." to-be's). Though old hands say the custom is among the most popular models. Roger
There are black gangs, Hispanic gangs, dying out, initiation by a Los Angeles gang' Hamrick, a community-relations worker in
Asian gangs and gangs drawn from specific is supposed to be a brutal ritual known as Miami, remembers a gang member who
nationality groups. Police from Boston to being "courted in" or "jumped in." To be moved to Daytona Beach, Fla., to peddle
Huston are alarmed by the emergence of Ja- jumped in is to receive a beating adminis- crack. "When he left [Miamil, he was on a
maican gangs known as "posses." According tered by three or four gang members: the bicycle," Hamrick says. "When he came
to federal sources, there are 30 to 40 posses candidate is expected to show his fighting back, he wore more gold than Mr. T. and he
with a total of about 5,000 members now op- spirit. If he passes the test, the peewee then was sitting in a white Mercedes. Iles not
crating in the United States. Clannish, cun- becomes a "banger" or "gang banger" and is even 24 years old and he has two Merce-
ning and extraordinarily violent, the Jamai- entitled to share in the gang's fortunes or, deses and a Rolex watch." Says Bill Blanco,
cans are dominating the drug trade in care- more commonly, misfortunes tGeorge Will's another gang specialist in Miami. "Who you
fully chosen cities from Texas to Alaska. column, page 76). are is dictated by the gold chains, the Rolex,
"The bigger crack becomes, the bigger Colors and signs: The two most notorious the car. And everybody's got a car phone."
the posses get," says special agent James L.A. gangs-the Bloods and the Crips-are Cellular telephones are more than decora.
Watterson of the U.S. Bureau of Alcohol, not really gangs at all. Instead, the names tion: of course, they are extremely useful in
Tobacco and Firearms. "And what's scary is denote legendary confederations among the drug trade. Beepers, which are equally
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
S 2888 CONGRESSIONAL RECORD - SENATE March 23, 1988
useful to dealers, are now so common among
ghetto teenagers that Los Angeles public
schools have banned them.
Some gang veterans say the cocaine trade
in south-central L.A. is controlled by 15 to
20 O.G.'s-an assessment that is shared by
knowledgeable. law-enforcement officials.
Deputy Chief Levant, who commands a new
formed LAPD unit that specializes in major
drug traffickers among the street gangs,
says 75 to 100 gangs are now actively in-
volved in cocaine distribution. Some of
these groups, he says, now have sales total-
ling up to $1 million a week. "There is a link
between the South Americans and the
street gangs," Levant says.
That link-the strategic nexus between
the Colombian cocaine cartel and street-
level distribution in the United States-is
becoming increasingly visible to investiga-
tors in southern California and elsewhere.
There is little question that some black drug
traffickers have now established direct rela-
tionships with top-level Colombian smug-
glers. According to Los Angeles County offi-
cials, the Colombians are even willing to sell
drugs to O.G.'s and rollers on the consign-
ment basis, a strong indicator of the cartel's
trust. One example of the increasingly close
connection between the Colombians and the
ghetto dealers, was uncovered during Oper-
ation Pisces II, a two-year investigation run
jointly by the U.S. Drug Enforcement Ad-
ministration and State and local authorities
in California and Florida. Pisces II was a
money-laundering sting aimed at identifying
both smugglers and dealers. In a videotaped
conversation between two Colombian smug-
glers and detectives who operate the fake
money "laundry," the Colombians admir-
ingly described a black trafficker in south
Florida. "That s.o.b, he just ordered and or-
dered; it was hard to keep him stocked," one
smuggler exclaimed.. "Those blacks are
really the best ones," the second smuggler
agreed.
East and West: There is equally little
question that some of the more aggressive
big-city gangs have begun to spread the
drug trade into the heartland. Police from
Denver to Vancouver report that Los Ange-
les gangs are moving in to establish branch
operations selling rock cocaine. In Atlanta,
Savannah and Montgomery, Ala., authori-
ties say the Miami Boys are following the
same expansionary pattern. Chicago gangs
have appeared in Milwaukee, Minneapolis
and Racine, Wis., and the Jamaican posses
seem to be organizing crack outlets almost
everywhere. Kansas City authorities recent-
ly managed to break a Jamaican posse that
began importing crack from its East Coast
base sometime in 1985; the posse was oper-
ating 75 crack houses that grossed $400,000
a day. After that success, however, Kansas
City was invaded from the West Coast as
well. In February four members of an L.A.-
based Bloods gang were indicted for selling
cocaine, and investigators say they have
identified 15 L.A. gang members in their
city. "This is the first time we've seen an
American gang move into town," says U.S.
Attorney Robert Larsen. "They're great en-
trepreneurs."
The big-city boys have two things going
for them. First, they are usually able to buy
top-quality cocaine directly from major
smugglers at wholesale prices-as little as
$10,000 per kilo. The second is that they are
better armed and far more violent than the
gangs or drug rings they encounter in small-
er cities. As a result, they can compete suc-
cessfully on price and quality-and if those
classic business advantages are insufficient
to establish a beachhead, they intimidate
the competition with mayhem and murder.
In Atlanta, says police Lt. John Woodward,
the invading Miami Boys demonstrated the
attitude that "we're bad and we'll prove it to
you ... [they'll] walk up to [their competi-
tors] and just kill 'em. It's not, 'I'm going to
out-macho you.' It's 'I'm going to kill you'."
The result, Woodward says, was 13 homi-
cides In 1987.
Enriched by their drug profits, big-city
gangs can now easily afford the overhead of
far-flung operations. The gang may send a
scout-often a younger member-to test the
market in the target city. If the first expedi-
tion pans out, a larger group will follow to
rent a ghetto apartment as a stash house
for volume sales. Woodward says the look-
outs and runners are often local. Body-
guards may be either locals or out-of-
towners. But the higher-ups, who control
the stash and count the money, are always
members of the invading gang. The amount
of cocaine involved, Woodward also says,
need not be large-a kilo or so every few
days. Bring in "one kilo and you've got
10,000 bags of crack, and that will supply
quite a few little housing areas for a few
days," he says. "You're talking about $25 a
bag, or $250,000 per kilo. The kilo costs (the
Miami Boys] $10,000 to $12,000 in Miami, so
there is a great, great profit margin here."
The posses: Although there is still some
controversy over just how well organized
the American drug gangs are, no one doubts
that the Jamaican posses are as disciplined
as they are violent. Many members are be-
lieved to be illegal aliens, and the groups
themselves are usually based in Jamaican-
immigrant communities on the East Coast-
New York, Miami, Washington, D.C., among
others. But their nationwide spread over the
past several years has been staggering. The
posses are major factors in the crack trade
in most East Coast cities. They are also
active in Dallas and Houston, in cities across
the Midwest and, remarkably enough, they
have recently been spotted in Anchorage,
Alaska. Like most American drug gangs, the
Jamaicans are known to hire local helpers
when they open a crack house in a new city.
But the core group is always from the
island, and no outsiders are allowed to pene-
trate the upper echelons of the ring.
U.S. lawmen say many of the posses have
their roots in the slums around Kingston,
Jamaica. Their names reflect that genealo-
gy. The Riverton City posse is named after
a Kingston neighborhood, and so are the
Maverly and Waterhouse posses. (The Ja-
maicans call themselves posses after the
armed bands in American Westerns.) Some,
like the Shower and Spangler gangs, claim
vague affiliations with Jamaican political
parties: the Spangler posse aligns itself with
the People's National Party of former prime
minister Michael Manley, while the Show-
ers identify with the Jamaican Labor Party
of current Prime Minister Edward Seaga.
Jamaican politicians, however, disavow any
connection to the groups.
In reality, must posses were probably
marijuana-smuggling rings in Jamaica. But
the crack explosion of the 1980s offers un-
limited profits to the posses just as it does
to American gangs, and Jamaicans have
been even quicker than the American gangs
to exploit the opportunity. South Florida,
with its Colombian drug connections, is the
adopted home for an estimated 1,000 posse
members. The Shower and Spangler posses
are the two main groups, and some lawmen
say all other gangs are offshoots of these
two. The lesser posses have exotic names
like Dog, Jungle and Okra Slime. One
group, the Jungle Lites, is reputed to be
expert in guerrilla-warfare tactics, and
police suspect they may have received mili-
tary training in Cuba.
Reggae and death: But every posse has a
fearful reputation for violence. Nationwide,
according to U.S. experts, the Jamaican
gangs have been linked to 800 murders, in-
cluding more than 350 last year alone. Posse
gunmen are known to prefer shooting their
victims in public, and reggae clubs in major
cities have a well-deserved reputation for
frequent homicides. A dispute between
posse members at a raggae club in Houston
last October led to a fatal shooting in front
of nearly 100 witnesses, and New York
police report that homicides occur almost
weekly at a popular Brooklyn nightspot
known as the Love People disco. Torture
and maimings are posse trademarks as well.
"They don't mind shooting people. We've
had numerous cases of Jamaicans who were
shot in the knee or leg," says Dallas police
investigator Charles Storey. "A lot of
groups have a potential for violence, but
[the Jamaicans] demonstrate it daily."
Dallas police say Jamaicans were linked to
35 homicides in 1987 and 10 to 12 so far this
year.
The explosive growth of the drug gangs
nationwide is putting enormous pressure on
police all across the country. Cocaine and
heroin traffickers are now deeply en-
trenched in the ghettos of many larger
cities, and drug profits are a powerful incen-
tive to. hundreds of thousands of unem-
ployed black and Hispanic teenagers. In ad-
dition, many gang members are increasingly
expert in exploiting loopholes in the law. As
a result, California and New York authori-
ties are considering new anti-gang legisla-
tion patterned after the federal RICO
(Racketeer-Influenced Corrupt Organiza-
tion) law; such state RICO statutes will
enable prosecutors to seek longer prison
terms for gang leaders convicted on other
charges. Officials in cities like New York,
San Francisco and Washington, D.C.-to say
nothing of Los Angeles-are also being
forced to reorganize their police depart-
ments to meet the threat of drugs, which
means cutting back on manpower for other
crimes. "We need more resources-people
and equipment," says Frank Storey, the
FBI's chief drug official. "Resources are the
most critical problem at the federal, state
and local level."
Outmanned, outgunned and outspent, the
cops are fighting back as best they can.
There is nothing they can do to control the
spread of weapons like Uzis and AK-47s. As
long as such guns have been adapted to fire
only on semiautomatic-a procedure that is
readily reversed by outlaw gunsmiths-the
sales are wholly legal under federal law. Of-
ficers who must deal with the gangs routine-
ly wear armored vests (which often will not
stop an assault-rifle round), and many de-
partments now equip all their officers'with
automatic pistols to increase their firepow-
er. But ghetto busts are extremely danger-
ous anyway: in Boston, for example, Police
Lt. Det. Mel Ahearn has trained a special
"Jamaican entry squad" to take on the
posses in their strongholds.
There is every indication, meanwhile, that
the gang/drug problem will get worse. If the
analogy to Prohibition is accurate, the
gangs have only begun to consolidate their
hold on drug trafficking-and given their
growth so far, it seems reasonable to expect
that they, like the Mafia before them, will
become even more skillful in evading law en-
forcement. The supply of smuggled drugs-
Asian heroin, Mexican heroin and cocaine
most of all-seems almost limitless. At the
same time, the federal government, which
has scattered the responsibility for combat-
ing drugs among dozens of different agen-
cies, seems to. lack a coordinated national
strategy. Who's running the war, America's
hard-pressed cops are asking-and when are
the good guys finally going to win?
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005ROO1300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
March 29, 1988 CONGRESSIONAL RECORD - SENATE
A JAMAICAN INVASION IN WEST VIRGINIA
With its tidy clapboard houses and neat
apple and peach orchards on land George
Washington surveyed centuries ago, Mar-
tinsburg, W.Va. (population: 13,000), seems
far from the mean streets normally pa-
trolled by drug gangs. But over the last
three years, an invasion of Jamaican drug
dealers' has turned the home of the Moun-_
tain State Apple Harvest Festival into a
mecca for cocaine.
The Jamaicans first arrived in Martins-
burg as migrant workers to pick apples and
peaches at harvest time, but many stayed
on to peddle coke and crack. Hundreds
squeezed into small apartments in a poor
neighborhood called "the Hill" and trans-
formed several blocks near the center of
town into an open-air drug supermarket.
Supplied by couriers shuttling between Ja-
maican gangs in Washington, Miami and
New York, as many as 50 dealers could be
found brazenly hawking dope in broad day-
light, just three blocks from the police sta-
tion. At times business was so brisk that
intersections were clogged with traffic;
many cars bore out-of-state license plates.
The customers "were all ethnic groups, age
groups and every profession," says police
chief Jack Strobridge. "They came riding up
on skateboards, on bikes, in Mercedes-Benz
cars, in pickup trucks." Stores in the region
mysteriously sold out of vitamin B; police
soon figured out that dealers were using it
to "cut" the cocaine. Then the Jamaicans
introduced crack-and started a run on plas-
tic food-storage bags used to package the
drug.
Martinsburg's 28-man police force carried
out small raids but were overwhelmed by
the dealers. In a region where one or two
murders per year was the norm, 20 homi-
cides, all drug related, occurred in 18
months as rival dealers fought for control.
Cases of venereal disease shot up as prosti-
tutes imported by the dealers worked the
streets. At local schools, students hired as
drug couriers strutted around in expensive
Nike jogging suits and gold chains, intimi-
dating classmates and teachers. A police
raid of a Jamaican dealer's house turned up
crude photographs of a former homecoming
queen posing half nude, pieces of crack
lying about her. According to law-enforce-
ment authorities, she later gave birth to a
baby fathered by the dealer.
Needles and knives: Residents were virtu-
ally besieged in their homes. Theresa Sham-
burg was unable to leave her driveway with-
out being offered "crack, cocaine or reefer"
by pushers. Discarded needles and knives
littered her front yard. She called police but
they were unable to drive away the dealers.
One night, when the Jamaicans outside
became particularly raucous, Shamburg
woke to see her husband crouched with a
shotgun in one hand and a pistol in the
other, grimly waiting for a break-in.
Under pressure from the community, local
police asked the federal authorities for help.
In fall 1986 some 200 agents from a special
federal drug task force and local police
raided 26 drug dens, arresting 35 dealers and
seizing a cache of high-powered weapons.
Police also found a "hit list" with the names
of local judges and law-enforcement offi-
cials. The suspects arrested insisted the
names were targeted only for a mystical
curse by Jamaican witch doctors. Even so,
three county magistrates began carrying
guns for self-protection.
Street action: The raid pushed the most
blatant dealers off the streets-at least for a
while. Much of the street action moved
down the road to Charles Town, 16 miles
away. But many Jamaican dealers have kept
up a flourishing underground trade in Mar-
tinsburg. On warm days, Theresa Shamburg
once again sees dealers congregating across
the street. The Shamburgs will not wait to
see what happens next. After three years of
trying, they have finally found an out-of-
town buyer for their home. They are
moving . to a house in the country, but
Shamburg suspects there is. no escape. She
says 'T really don't think it's safe anywhere
anymore."
Mr. GRAHAM. Mr. President, final-
ly I ask unanimous consent to join
Senators D'AMATO, DECONCINI, and
others of legislation providing for the
death penalty for those who kill law
enforcement officials during the com-
mission of a drug-related crime.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
Mr. HATCH. Mr. President, I ask
unanimous consent that I be listed as
a cosponsor on the drug bill.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
? Mr. DOMENICI. Mr. President, I
am pleased to join Senator DECONcINI
as an original cosponsor of the Omni-
bus Anti-Drug Abuse Act of 1988.
We must acknowledge that the drug
peddlers of this Nation and the world
have declared war on the youth of
America. The human cost of the
plague of drugs is enormous in lost
human potential. Drug abuse is a
scourge and disgrace to our Nation.
We must fight back. We have to
fight the war against drugs on all
fronts: On the border, on the high
seas, in the air, in our schools, in our
neighborhoods.
The drug problem in American con-
tinues. I cannot stress the gravity of
this matter enough. Drugs are destroy-
ing the minds and killing the people
that use them. The number of mur-
ders and crimes related to drug traf-
ficking continues to escalate.
I heard an alarming statistic from
the Commissioner of the Customs
Service at a hearing in my State this
past summer. He did a simple calcula-
tion just based on the number of indi-
viduals who died consuming drugs
versus the amount of cocaine con-
sumed in this country. It shows that
for every 150 pounds of cocaine con-
sumed, one American dies. This does
not even include the deaths involved
in the trade-just the deaths based on
the consumption of this one drug, co-
caine. We are paying a high price in
this country: The lives of our people.
As we fight this war against drugs,
the nefarious suppliers in other coun-
tries are becoming increasingly cagey
in subverting our efforts. We must
beat them at their own game. In order
to win this war, we must bring all the
resources we have to bear on this
problem.
Two years ago, many of us in the
Senate banded together to provide an
effective arsenal of weapons to fight
this war against the drug merchants.
Our efforts have yielded results. We
are doing a better job-seizures are up,
but production is up, too. We are only
keeping pace'with the drug producers
and traffickers.
S 2889
We have launched a war and a cru-
sade, but we are just holding our own.
More needs to do done. We need to
attack drug abuse and drug trafficking
on every front. The Anti-Drug Abuse
Act of 1986 started the momentum
and now we need to continue it.
.This is a war we cannot afford to
lose, for this is a war over the minds
and bodies of an-entire generation of
,our young people.
The Omnibus Anti-Drug Abuse Act
contains new approaches to address
both the supply. and demand sides of
the narcotics problem.
On the supply side of the problem,
this bill provides grants for State and
local narcotics control programs, con-
struction of new jails, and funds for an
international eradication program for
drug-producing countries.
On the demand side, the bill address-
es the problem by providing funds for
treatment. programs and facilities.
I am really distressed to hear that
people literally have to get on a wait-
ing list to get into drug treatment pro-
grams. One of the strengths of this
bill is the help it will provide to State
and local governments to address the
treatment side of the problem.
The price of our effort will. be high,
but. the stakes are high. But we must
ask ourselves, can we afford to do less?
I think not. Therefore, I am support-
ing this bill and hope we can enact
into law soon, for every day we waste,
more young people are lost to drugs.?
Mr. HATFIELD. Mr. President, I am
pleased to join many of my colleagues
as an original cosponsor of the Omni-
bus Anti-Drug Abuse Act of 1988. The
substantial number of Senators who
have cosponsored this bill, Republi-
cans and Democrats alike, demon-
strates that the Senate recognizes that
illicit drugs and drug abuse have
become this decade's most severe do-
mestic and international social prob-
lem. During the past 8 years, the sheer
magnitude of this crisis has become so
great that no one can escape its conse-
quences. Every aspect of our world is
affected by illegal drugs, from the con-
duct of foreign relations to the safety
of the streets in Portland, OR.
As the General Accounting Office
recently reported, illegal drugs are
costing the Nation tens of billions of
dollars a year in lost wages, law en-
forcement expenses and treatment. In-
capable of calculation are the enor-
mous costs to our citizens and commu-
nities created by family strife, pain,
suicide, violence, and suffering caused
by narcotics and drug abuse.
Mr. President, we are all too familiar
with these alarming national statistics.
Not as readily known, however, is the
fact that drug trade and drug abuse
are no longer "big city" problems.
Cities such as Bend, Salem, Medford,
and Portland, OR, have joined the
ranks of New York, Washington, DC.
Miami, Chicago, and Los Angeles as
communities with serious drug prob-
lems.
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
S 2890 CONGRESSIONAL RECORD -- SENATE
In my home State of Oregon, the
Interstate-5 corridor, the major . West
Coast interstate connecting Canada,
Washington, Oregon, California, and
Mexico, has become a major pipeline
for the transportation of illicit drugs.
Oregon is now thought to be the Na-
tion's leading manufacturer of meth-
amphetamine and the second largest
producer of marijuana. My State's
greatest asset-its attractiveness as a
place to live and raise a family-is in
danger of being tarnished unless we
get the drug problem under control.
Oregon has developed a dynamic part-
nership between the Federal and State
government in an effort to revitalize
the local economy. That will be time
and' money down the drain if we fail to
eradicate this cancer of drug abuse
and drug trafficking from our midst.
This bill will assist States like
Oregon that supply drugs to other
parts of the country in shattering the
myth that Latin America is the exclu-
sive origin of our drug problems. Drug
interdiction at the source means drug
interdiction in Latin America, but it
also means drug interdiction in
Oregon and other prime drug manu-
facturing targets in the United States.
The effort being launched today by
the introduction of this bill takes a
comprehensive approach on an inter-
national, national, and local level by
addressing both the -supply and
demand sides of the drug problem.
The bill also provides incentives for in-
creased cooperation between local,
State, and Federal agencies in the war
against drugs. Addressed in the bill are
such things as drug enforcement and
personnel enhancement, international
narcotics control and assistance to for-
eign countries, drug interdiction im-
provement, demand reduction through
treatment and rehabilitation, research
and development, and enforcement
training.
A bill of this scope and size inevita-
bly has provisions that are controver-
sial. The total expense of this package
in an age of budget deficits and provi-
sions dealing with new prison con-
struction, for example, are troubling
to me. No one expects the Congress to
adopt this bill in its entirety. As we
proceed, however, we can make adjust-
ments and amendments to the bill
which will make it even better. Intro-
duction of this legislation marks the
beginning of a congressional effort to
develop an effective national policy to
combat this epidemic. I will be work-
ing with the other sponsors of the bill
and with members of the Appropria-
tions Committee to accomplish this
goal.
? Mr. SARBANES. Mr. President, I
am pleased to join as an original co-
sponsor of legislation being introduced
today, the Omnibus Anti-Drug Abuse
Act of 1988. The legislation is a broad
comprehensive measure that seeks to
address the very serious problem of
drug abuse and drug trafficking that
threatens so many of our communities
and our citizens. In fact, it is a prob-
lem that is so pervasive that it threat-
ens the very fabric of our society.
This legislation is a much needed
continuation of the Anti-Drug Abuse
Act of 1986, which I supported and
which passed the Senate by an over-
whelming margin in the 99th Con-
gress. It continues the fight against
drug abuse and the harmful effect
that drug trafficking has on our coun-
try. The bill attempts, in a comprehen-
sive way, to address both the demand
and supply side of the problem, and to
significantly reduce both. It includes
provisions to enable us to fight the
drug menace at the local, State, and
Federal level, and at our borders.
I am pleased to see that a major em-
phasis is on providing resources to our
local and State law enforcement' agen-
cies to combat the problem where it is
really felt-in our neighborhoods and
communities. In fact, just after the ad-
ministration's budget for fiscal year
1989 was presented to Congress, the
the Governor of Maryland and the
Mayor of Baltimore alerted me to
their deep concerns that no funds
were included in the President's
budget for antidrug law enforcement
or for general law enforcement activi-
ties at the local and State level. The
State of Maryland estimates that one
out of five inmates enters the Mary-
land Division of Corrections on a drug-
related conviction. In addition, an esti-
mated 50 percent of the inmates in our
State have some kind of drug or alco-
hol related problem. The bill being in-
troduced today provides a block grant
to State and local governments for
which they must outline how they will
combat the drug problem using law
enforcement, education, and demand
reduction.
There are also several major provi-
sions in the legislation aimed at com-
bating the flow of drugs into this
country. First, the bill includes impor-
tant initiatives to encourage drug
source countries, especially in Latin
America, to eradicate their illicit drug
crops over a 3-year period. Second,
there is a significant enhancement of
Federal drug enforcement personnel
and operations money for the Drug
Enforcement Administration, Customs
Service, Border Patrol, and the Coast
Guard. These -agencies are absolutely
vital in terms of drug interdiction. I
think it is particularly significant that
funds and personnel are being recom-
mended for the Coast Guard when
just a short time ago it was announced
that drug interdiction efforts would be
reduced by 55 percent and a number
of important Coast Guard operations
would be closed, including the Curtis
Bay Coast Guard Yard in Baltimore.
The Omnibus Anti-Drug Abuse Act
of 1988 also includes much needed
funds for drug and alcohol abuse
treatment and rehabilitation, educa-
tion for our schools and communities,
and training for antidrug enforcement
personnel. Mr. President, this is a com-
prehensive bill that merits thorough
and expeditious consideration by the
March 23, 1988
Senate. It is a serious and significant
effort to address the drug problems in
our country.*
By Mr. D'AMATO (for himself,
Mr. DECONCINI, Mr. STEVENS,
Mr. DOLE, Mr. GRASSLEY, Mr.
TRIBLE, Mr. THURMOND, Mr.
MCCowNELL, Mr. NICKLES, Mr.
SYMMs, Mr. KARNES, Mr.
HELMS, Mr. HATCH, Mr.
GRAHAM, Mr. HECHT, and Mr.
PRESSLER):
S. 2206. A bill to amend the Con-
trolled Substances Act to provide for
the imposition of the death penalty
for the intentional killing of a law en-
forcement officer and for certain con-
tinuing criminal enterprise drug of-
fenses; to the Committee on the Judi-
ciary.
IMPOSITION OF DEATH PENALTY FOR KILLING OF
LAW ENFORCEMENT OFFICERS AND CERTAIN
CONTINUING CRIMINAL ENTERPRISE DRUG OF-
FENSES
Mr. D'AMATO. Mr.. President, I
commend my colleague from Arizona,
Senator DECONCINI, for his untiring
efforts to bring to this point what I
consider to be this Nation's most im-
portant undertaking.. That is, to see to
it that we pass legislation comprehen-
sive in nature and to fund that legisla-
tion to undertake a real war against
drugs. To date, we have heard many
proclaim that they want to take on
this crusade. There simply has not
-been enough action. There has been
great rhetoric, particularly before po-
litical campaigns, but little in the way
of action. We have heard a great deal
of concern about turf, about jurisdic-
tion, about who will get to do what.
However, we have heard little as it re-
lates to what is taking place on our
streets, in our neighborhoods and even
less as to the resulting loss of domestic
tranquility.
Mr. President, one need simply look
at Panama today to see this as an ex-
ample of what the narcotics trade can
and has done. Narco-militarism, which
is spreading in Latin America, is a far
greater threat, in my view, to our Na-
tion's stability and the stability of this
hemisphere than all of the Sandinis-
tas. But I am concerned as it relates to
that issue as well.
This bill, Mr. President, provides for
capital punishment in two cases. First,
for the drug kingpin who intentionally
murders or orders a murder as part of
a continuing criminal drug enterprise.
Second, for the intentional killing of a
policeman or other Federal, State, or
local law enforcement officer as part
of a continuing criminal drug- enter-
prise.
We have just seen the most incredi-
ble circumstance take place, one that
no one ever would have believed. We
have seen the intentional killing of a-
22-year-old law enforcement officer,
New York Police Officer Edward
Byrne, simply because the drug orga-
nization wanted to demonstrate that
they could and would kill a police offi-
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005ROO1300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
March 23, 1988 CONGRESSIONAL RECORD - SENATE
cer. This organization was outraged at
being harassed because some of their
members are being imprisoned for
drug dealing. This murder is some-
thing that no one could have ever con-
jured or believed would have taken
place.
Mr. President, I again pay tribute to
my colleague, Senator DECONCINI, for
his leadership in this effort, for his
tireless work and the work of his staff.
There is a lot more that can and
should be said. I intend to do that at a
later date, but I think it is now time
for action and for people of all parties
and all political persuasion to come to-
gether to meet the expectations of the
American public by a first step in
terms of enacting and funding this leg-
islation.
THE ANTI-DRUG ABUSE ACT OF 1988
The Anti-Drug Abuse Act of 1988
provides more than $2 billion over the
President's fiscal year 1988 budget re-
quest to attack both the supply of, and
demand for, drugs.
This bill contains 200 pages of initia-
tives to attack the many parts of this
grave threat.
These include:
DEMAND REDUCTION: TREATMENT
Bill provides $485 million over the
President's budget next year for alco-
hol and drug abuse treatment block
grants.
A $50 million increase for the alco-
hol, drug abuse and mental health
block grant, raising it from $508 mil-
lion to $558 million; and
A $435 million increase for the emer-
gency drug treatment block grant,
raising it from $165 million to $600
million.
For the first time, our bill commits
the Federal Government to help fund,
drug treatment center construction
and renovation on a large scale. It is
estimated that $60 million is needed to
build enough treatment centers to add
4,000 beds. Our bill permits up to $240
million for this purpose in fiscal year
1989. This would add 16,000 treatment
beds nationwide.
DEMAND REDUCTION: DRUG PREVENTION
Our bill increases the President's
drug education budget from $250 mil-
lion to $300 million,* a $50 million in-
crease in fiscal year 1989. It also tight-
ens controls so that school districts
will have to set goals for their pro-
grams, evaluate-their success and fail-
ure, and report on their efforts to cor-
rect program weaknesses.
SUPPLY REDUCTION.. DOMESTIC LAW ENFORCE-
MENT: STATE AND LOCAL DRUG ENFORCEMENT
ASSISTANCE
Our bill rescues the State and local
drug enforcement assistance program
from extinction. It provides $250 mil-
lion in fiscal year 1989; $500 million in
fiscal year 1990; and $750 million in
1991.
To ensure the quickest possible de-
livery of drug enforcement assistance
funds to cities with populations over
500,000, our bill requires the States to
make funds available to those cities
within 30 days of Justice Department
approval of a State's application.
FEDERAL LAW ENFORCEMENT BUDGETS ARE
INCREASED BY $800 MILLION
Coast Guard is transferred back to
the Department of of the Treasury;
$200 million for 4 new Federal prisons;
expedited deportation of criminal
aliens.
SUPPLY REDUCTION: INTERNATIONAL EFFORTS-
INTERNATIONAL ASSISTANCE
This bill provides $600 million over 3
years for a new - economic incentive
program to encourage drug source
countries-like Bolivia, Peru, and Co-
lombia-to eradicate 15 percent of
their drug crops in the first year, and
40 percent over a 3-year period.
There is now no such incentive pro-
gram. Our bill does not offer a "give-
away." To qualify for this assistance, a
country has to earn it. It has to eradi-
cate drug crops on a large scale.
EXAMPLE OF BOLIVIA
In 1987, Bolovia had 40,000 metric
acres of coca under cultivation. To _
qualify for aid under our plan, Bolivia
would have to eradicate 6,000 metric
acres next year. State Department fig-
ures indicate that our current strategy
is clearly not working: coca cultivation
in Bolivia is expected to increase by
4,000 metric acres next year.
It is time for a change.
I call on the House and Senate lead-
ership to take up this drug bill at the
earliest opportunity. This bill hits
every important aspect of the anti-
drug effort and carefully allocates re-
sources between the supply and
demand sides of the drug problems. It
must be passed and enacted into law!
Mr. President, I ask unanimous con-
sent that the bill be printed in the
RECORD.
There being no objection, the bill
was ordered to be printed in the
RECORD, as follows:
S. 2206
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled,
TITLE I-DEATH PENALTY
SECTION 101. ELEMENTS OF OFFENSE.
Section 408 of the Controlled Substances
Act (21 U.S.C. 848) is amended by inserting
after subsection (b) the following:
"(c)(1) If, in the course of engaging in a
continuing criminal enterprise, a person in-
tentionally, or with reckless indifference to
human life, kills or participates substantial-
ly in the killing of any individual, that
person may be sentenced to death.
"(2) If, in the course of engaging in orga-
nized ongoing drug crime, a person inten-
tionally kills a Federal, State, or local law
enforcement officer engaged in, or on ac-
count of, such law enforcement officer's of-
ficial duties, that person may be sentenced
to death.
"(3) As used in this subsection-
"(A) the term 'Federal, State, or local law
enforcement officer' means an officer or
employee of the United States, a State, a
municipal corporation, a county, or other
political subdivision of a State, who has au-
thority under applicable law to enforce the
criminal laws of the United States or a
State; and
S 2891
"(B) the term 'organized ongoing drug
crime' means a felony violation of this title
or title III which is a part of a continuing
series of violations of this title or title III
which are undertaken with 5 or more per-
sons.".
SEC. 102. PROCEDURE APPLICABLE WITH RESPECT
TO THE DEATH PENALTY.
Section 408 of the Controlled Substances
Act (22 U.S.C. 848) is amended by adding at
the end the following:
DEATH PENALTY
"(f) A person shall be subjected to the
penalty of death for any offense under this
section only if a hearing is held in accord-
ance with this section.
"NOTICE BY THE GOVERNMENT IN DEATH
PENALTY CASES
"(g)(1) Whenever the Government intends
to seek the death penalty for an offense
under this section for which one of the sen-
tences provided is death, the attorney for
the Government, a reasonable time before
trial or acceptance by the court of a plea of
guilty, shall sign and file with the court,
and serve upon the defendant, a notice-
"(A) that tha Government in the event of
conviction will seek the sentence of death;
and
"(B) setting forth the aggravating factors
which the Government will seek to prove as
the basis for the death penalty.
"(2) The court may permit the attorney
for the Government to amend this notice
for good cause shown.
"HEARING BEFORE COURT OR JURY
"(h)(1) When the attorney for the Gov-
ernment has filed a notice as required under
subsection (f) and the defendant is found
guilty of or pleads guilty to an offense
under subsection (c), the judge who presid-
ed at the trial or before whom the guilty
plea was entered, or any other judge if the
judge who presided at the trial or before
whom the guilty plea was entered is unavail-
able, shall conduct a separate sentencing
hearing to determine the punishment to be
imposed. The hearing shall be conducted-
"(A) before the jury which determined
the defendant's guilt;
"(B) before a jury impaneled for the pur-
pose of the hearing if-
"(i) the defendant was convicted upon a
plea of guilty;
"(ii) the defendant was convicted after a
trial before the court sitting without a jury;
"(iii) the jury which determined the de-
fendant's guilt has been discharged for good
cause; or
"(iv) after initial imposition of a sentence
under this section, redetermination of the
sentence under this section is necessary; or
"(C) before the court alone, upon the
motion of the defendant and with the ap-
proval of the Government.
"(2) A jury impaneled pursuant to para-
graph t 1)(B) shall consist of 12 members,
unless, at any time before the conclusion of
the hearing, the parties stipulate with the
approval of the court that it shall consist of
any number less than 12.
"PROOF OF AGGRAVATING AND MITIGATING
FACTORS
"(i) Notwithstanding rule 32(c) of the Fed-
eral Rules of Criminal Procedure, when a
defendant is found guilty of or pleads guilty
to an offense under subsection (c), no pre-
sentence report shall be prepared. In the
sentencing hearing, information may be pre-
sented as to any matter relevant to the sen-
tence and shall include matters relating to
any of the aggravating or mitigating factors
set forth in subsections (1) and (m), or any
other mitigating factor. Where information
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
S 2892. CONGRESSIONAL RECORD - SENATE
is presented relating to any of the aggravat-
ing factors set forth in subsection (in), infor-
mation may be presented relating to any
other aggravating factor. Information pre-
sented may include the trial transcript and
exhibits if the hearing is held before a jury
or judge not present during the trial. Any
other information relevant to such mitigat-
ing or aggravating factors may be presented
by either the Government of the defendant,
regardless of its admissibility under the
rules governing admission of evidence at
criminal trials, except that information may
be excluded if its probative value is substan-
tially outweighed by the danger of unfair
prejudice, confusion of the issues, or mis-
leading the jury. The Government and the
defendant shall be permitted to rebut any
information received at the hearing and
shall be given fair opportunity to present
argument as to the adequacy of- the infor-
mation to establish the existence of any of
the aggravating or mitigating factors, and as
to appropriateness in that case of imposing
a sentence of death. The Government shall
open the argument. The defendant shall be
permitted to reply. The Government shall
then be permitted to reply in rebuttal. The
burden of establishing the existence of any
aggravating factor is On the Government,
and is not satisfied unless established
beyond a reasonable doubt. The burden of
establishing the existence of any mitigating
factor is on the defendant, and is not satis-
fied unless established by a preponderance
of the information.
"RETURN OF FINDINGS
"(j) The jury, or if there is no jury, the
court, shall consider all the information re-
ceived during the hearing. It shall return
special findings identifying any mitigating
factors, and any aggravating factors set
forth in subsection (1) or (m), found to exist.
If one of the aggravating factors set forth in
subsection (m)(1) and another of the aggra-
vating factors set forth in paragraphs (2)
through (7) of subsection (m) is found to
exist, a special finding Identifying any other
aggravating factor may be returned. A find-
Ing of such a factor by a jury shall be made
by unanimous vote. If an aggravating factor
set forth in subsection (m)(1) is not found to
exist or an aggravating factor set forth in
subsection (m)(1) is found to exist but no
other aggravating factor set forth in subsec-
tion (m) is found to exist, the court shall
impose a sentence, other than death, au-
thorized by law. If an aggravating factor set
forth in subsection (m)(1) and one or more
of the other aggravating factors set forth in
subsection (in) are found to exist, the jury,
or if there is no jury, the court, shall then
consider whether the aggravating factor or
factors found to exist sufficiently outweigh
any mitigating factor or factors found to
exist, or in the absence of mitigating fac-
tors, whether the aggravating factors are
themselves sufficient to justify a sentence
of death. Based upon this consideration, the
jury by unanimous vote, or if there is no
jury, the court, shall return a finding as to
whether a sentence of death is justified.
"IMPOSITION OF SENTENCE
"(k) Upon a finding that a sentence of
death is justified, the court shall sentence
the defendant to death. Otherwise the court
shall impose a sentence, other than death,
authorized by law.
"MITIGATING FACTORS
"(1) In determining whether a sentence of
death is to be imposed on a defendant, the
following mitigating factors shall be consid-
ered by are not exclusive:
"(1) The defendant was less than 18 years
of age at the time of the crime.
"(2) The defendant's capacity to appreci-
ate the wrongfulness of his conduct or to
conform his conduct to the requirements of
law was significantly impaired, but not so
impaired as to constitute a defense to the
charge. _
"(3) The defendant was under unusual
and substantial duress, although not such
duress as constitutes a defense to the
charge.
"(4) The defendant is punishable as a
principal (as defined in section 2(a) of title
18 of the United States Code) in the of-
fense, which was committed by another, but
the defendant's participation was relatively
minor, although not so minor as to consti-
tute a defense to the charge.
"(5) The defendant could not reasonably
have foreseen that his conduct in the course
of the commission of murder, or other of-
fense resulting in death for which the de-
fendant was convicted, would cause, or
would create a grave risk of causing, death
to any person.
"AGGRAVATING FACTORS FOR HOMICIDE
"(m) If the defendant is found guilty of or
pleads guilty to an offense under subsection
(c), the following aggravating factors shall
be considered but are not exclusive:
"(1) The defendant-
"(A) intentionally killed the victim;
"(B) intentionally inflicted serious bodily
injury which resulted in the death of the
victim;
"(C) intentionally engaged in conduct in-
tending that the victim be , killed or that
lethal force be employed against the victim,
which resulted in the-death of the victim.
"(D) intentionally engaged in conduct
which-
"(I) the defendant knew would create a
grave risk or death to a person, other than
one of the participants in the offense; and
"(ii) resulted in the death of the victim.
"(2) The defendant has been convicted of
another Federal offense, or a State offense
resulting in the death of a person, for which
a sentence of life imprisonment or a sen-
tence of death was authorized by statute.
"(3) The defendant has previously been
convicted of two or more State or Federal
offenses punishable by a term of imprison-
ment of more than one year, committed on
different occasions, involving the infliction
of, or attempted infliction of, serious bodily
injury upon another person.
"(4) The defendant has previously been
convicted of two or more State or Federal
offenses punishable by a term of imprison-
ment of more than one year, committed on
different occasions, involving the distribu-
tion of a controlled substance.,
"(5) In the commission of the offense or in
escaping apprehension for a violation of
subsection (c), the defendant knowingly cre-
ated a grave risk of death to one or more
persons in addition to the victims of the of-
fense.
"(6) The violation of this chapter In rela-
tion to which the conduct described in sub-
section (c) occurred was a violation of sec-
tion 405.
"(7) The defendant committed the offense
in an especially heinous, cruel, or depraved
manner.
"INSTRUCTION TO JURY ON RIGHT OF THE DE-
FENDANT TO JUSTICE WITHOUT DISCRIMINA-
TION
"(n) In any hearing held before a jury
under this section, the court shall instruct
the jury that in its consideration of whether
the sentence of death is justified it shall not
consider the race, color, national origin,
creed, or sex of the defendant. The jury
shall return to the court a certificate signed
by each juror that consideration of race,
color, national origin, creed, or sex of the
March 29, 1988
defendant was not involved in reaching his
or her Individual decision.
"SENTENCING IN CAPITAL CASES IN WHICH
DEATH- PENALTY IS NOT SOUGHT OR IMPOSED
"(o) If a person is convicted for an offense
under subsection (c) and the court does not
impose the penalty of death, the court may
impose a sentence of life imprisonment
without the possibility of parole.
"APPEAL IN CAPITAL CASES
"(p)(1) In any case in which the sentence
of death is imposed under this section, the
sentence of death shall be subject to review
by the court of appeals upon appeal by the
defendant. Notice of appeal must be filed
within the time prescribed for appeal of
judgment in section 2107 of title 28 of the
United States Code. An appeal under this
section may be consolidated with an appeal
of the judgment of conviction. Such review
shall have priority over all other cases.
"(2) On review of the sentence, the court
of appeals shall consider the record, the evi-
dence submitted during the trial, the infor-
mation submitted during the sentencing
hearing, the procedures employed in the
sentencing hearing, and the special findings
returned under this section.
"(3) The court shall affirm the sentence if
it determines that-
"(A) the sentence of death was not im-
posed under the influence of passion, preju-
dice, or any other arbitrary factor; and
"(B) the information supports the special
finding of the existence of every aggravat-
ing factor upon which the sentence was
based, together with or the failure to find-
ing any mitigating factors as set forth or al-
lowed in this section.
In all other cases the court shall remand
the case for reconsideration under this sec-
tion. The court of appeals shall state in
writing the reasons for its disposition of the
review of the sentence.".
Mr. DECONCINI. Mr. President, I
thank the Senator from New York for
his leadership in this area.
Mr. President, moments ago, I intro-
duced along with my good friend and
colleague Senator D'AMATO, the Anti-
Drug Abuse Act of 1988. In order to
further strengthen our law-enforce-
ment efforts against those who deal in
illegal drugs, I rise in support of the
amendment Senator D'AMATo has in-
troduced that will provide the kind of
deterrent that I believe would truly
send a message to drug traffickers and
drug dealers-the United States takes
this problem seriously, and we are
ready to deal with it in a serious
manner.
The D'Amato amendment would
amend the Controlled Substances Act
to provide for the imposition of the
death penalty for drug-related mur-
ders and for the intentional killing of
a law-enforcement officer as part of a
criminal drug enterprise.
Those who deal in illicit drugs have
demonstrated a total disregard for
human life. The Jamaican gangs, who
call themselves "posses", taken from
the old wild west movies, have taken
control of the "crack" trade in cities
across the country. They are better '
armed than the police-and it is not
unusual for them to be armed with
AK-47's or UZIS. Law enforcement ex-
perts believe they have been responsi-
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005ROO1300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
March 23, 1988 CONGRESSIONAL RECORD - SENATE
ble for at least 600 murders in the last
3 years.
Let me provide an example from Ari-
zona of the brutality and ruthlessness
of those who deal in drugs. Witnesses
recently testified in Tucson that a 17-
year-old Tucson High School student
was murdered because he owed his al-
leged killer $2 million and 4 kilos of
cocaine. The 18-year-old suspect in the
case told detectives that he put a wire
around the victim's neck and strangled
him while two other subjects beat
him.
Two years ago when the Senate was
working on the Anti-Drug Abuse Act
of 1986, the Senate refused to vote di-
rectly on the death penalty amend-
ment for drug traffickers and instead
used a procedural vote to sidestep the
issue. I voted against tabling the death
penalty amendment 2 years ago and I
believe the argument in favor of this
kind of deterrent is stronger than
ever.
The American people have consist-
ently demonstrated in opinion polls
that they strongly support the death
penalty. More than 80 percent of my
constituents in Arizona favor the
death penalty. Some argue that the
death penalty should not be imple-
mented because of the possibility of
mistake. I find this argument to be un-
convincing in light of the extensive
procedural safeguards for capital de-
fendants.
A chronology of the legal procedures
required and available to these defend-
ants would convince any reasonable
person that the system has done ev-
erything possible to minimize the pos-
sibility of mistake. It is my opinion
that this country is in dire need of the
protection afforded to society by the
death penalty amendment introduced
by Senator D'Ar To.
By Mr. MURKOWSKI:
S. 2207. A bill to amend title 38,
United States Code, to authorize the
Administrator of Veterans' Affairs to
provide assistance simians and dogs to
veterans, who by reason of quadriple-
gia, are entitled to disability compen-
sation under laws administered by the
Veterans' Administration.
ASSISTANCE ANIMALS TO CERTAIN SEVERELY
DISABLED VETERANS
? Mr. MURKOWSKI. Mr. President, I
am most pleased to rise today to intro-
duce a bill which will significantly im-
prove the quality of life and increase
the independence of certain severely
disabled veterans. This bill would au-
thorize the Veterans' Administration
[VA] to provide assistive animals to
certain quadriplegic veterans. These
assistive animals include specially
trained simians or canines.
Mr. President, some 2,300 quadriple-
gic veterans currently receive service-
connected disability compensation
from the VA. These veterans, disabled
during military service, suffer from pa-
ralysis affecting both arms and both
legs. These veterans are referred to as
"service-connected quadriplegics."
I believe that these veterans-who
are permanently disabled as a result of
military service-deserve our highest
priority. The Congress and the VA
must continue to explore all op-
tions which will assist these veterans
in maximizing their independence and
employment opportunities. I am
pleased that the VA-with the assist-
ance and support of the "Paralyzed
Veterans of America"-has historically
been in the forefront of innovative re-
search, treatment, and rehabilitation
activities relating to spinal cord inju-
ries.
Mr. President, last year the VA's
general counsel was asked for its views
as to whether the VA had the legal au-
thority to provide certain veterans
with specially trained simians, and in a
November 6, 1987 opinion, the VA
stated that "we do not find a satisfac-
tory basis in law to provide these aides
outside the research setting as a bene-
fit to veterans." The opinion conclud-
ed that specific statutory authority
would be necessary to furnish simians
to disabled veterans. Thus, to further
the goal of achieving independence for
disabled veterans, I am introducing
today a bill which would authorize the
VA to provide assistive animals to ser-
vice-connected quadriplegics.
Due to recent advances in medical
technology, a quadriplegic who sur-
vives the first year after injury has a
nearly normal life expectancy. New
technologies, among other things,
have assisted quadriplegics in improv-
ing their quality of life and provided
for greater employment opportunities:
A multitude of automobile adaptive
equipment provides independence and
opportunity; the Robotic Arm, an-
other VA technological invention, can
perform functional tasks by voice acti-
vated control; computers operated by
voice and "sip and puff" respiratory
control have provided improved com-
munication and job opportunities for
many quadriplegics. Wheelchair im-
provements have also dramatically in-
creased the mobility of a quadriplegic.
Today, there are wheelchairs for every
lifestyle-including a variety of sports
wheelchairs.
According to Spinal Cord Injury: the
Facts and Figures, 92 percent of all
Americans with spinal cord injuries
reside in private residences, generally
at home with family members or
friends who provide support and as-
sistance. It is estimated that a quadri-
plegic requires about 4 to 6 hours of
human help daily. This assistance is
provided by family members, friends,
or a paid caregiver and includes activi-
ties such as bathing, dressing, getting
into and out of a wheelchair and other
tasks.
However, there are an endless
number of small tasks with which the
quadriplegic may need assistance. For
the so-called "high level" quadriple-
gic-that is, those with little or no use
.of arms and no use of legs-tasks like
turning off and on lights, food prepa-
ration, opening and closing doors, re-
S 2893
trieving a small object, and grooming
are impossible to perform alone. The
question we must address is the way in
which helpful and cost-effective assist-
ance can be provided to veterans to ac-
complish these tasks.
One answer-which has been shown
to work-is to have certain types of
animals perform these routine manual
tasks. Research has indicated that cer-
tain breeds of monkeys and dogs are
well-suited for such a program.
Since 1977, through combined fund-
ing from the VA and the Paralyzed
Veterans of America, a private sector
organization known as "Helping
Hands" has been conducting research
relating to the training and use of
monkeys to perform small tasks for
quadriplegics. Dr. Mary Jane Willard,
a behavioral psychologist and founder
of "Helping Hands," noted that qua-
driplegics who reside at.home general-
ly have either too little or too much
help. On one hand, a significant
number of quadriplegics are left alone
for large amounts of time. The quadri-
plegic is lonely and often goes without
basic necessities such as food and
drink. For example, without a mouth-
stick, a quadriplegic cannot turn the
pages of a book or use the computer to
work; if the mouthstick drops, there is
no option but to wait until a time
when someone can retrieve it for him.
On the other hand, a family member
may totally devote him or herself to
the care of the quadriplegic, refusing
to leave the house because of concerns
that his or her loved one may need
something. Either situation is terribly
difficult and undesirable.
It was with these considerations in
mind that Dr. Willard. began to study
the use of animals in performing rou-
tine manual tasks for disabled persons.
Research conducted by Dr. Willard
and others has indicated that monkeys
can be successfully trained to perform
a multitude of tasks on verbal com-
mand and with the use of a laser
pointer. The first specially trained
monkey was placed with a quadriplegic
in 1979. The monkey's overall reliabil-
ity in performing tasks has been 94
percent. Currently, seven quadriple-
gics utilize monkeys to perform daily
living tasks.
In addition-to performing important
tasks, the monkey also provides com-
panionship to the sometimes lonely
and isolated life of a quadriplegic. Re-
search has indicated that the neigh-
bors and community members were
fascinated with the monkey and this
fascination increased the opportunity
for social interaction of the quadriple-
gic. The monkey becomes the topic of
communication much like discussions
about pets or children often are
among parents and pet owners. Re-
search completed - in 1982 by Judith
Zazula found that monkeys performed
their tasks in a reliable and economic
fashion and that the animal encour-
aged interaction between the quadri-
plegic and the nondisabled public.
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
S 2894 CONGRESSIONAL RECORD - SENATE March 23, 1988
Equally as important, the owner de-
rived personal satisfaction from the
monkey.
There are, of course, costs associated
with training, equipping, and trans-
porting each monkey. While the cost
will decrease as the case load in-
creases, "Helping Hands" estimates
that if it can train and place 50 mon-
keys annually, the one-time cost would
be $11,000 each. The monkey has a
working lifetime of 20 years. Disney
World, Inc., has -spent nearly $100,000
in constructing a facility in Orlando,
FL, to breed and raise monkeys for
this project. Once established and run-
ning at full speed, this will reduce the
cost associated with this program.
In addition, Mr. President, a Califor-
nia-based nonprofit organization is in-
volved with training dogs for use by
disabled persons, including quadriple-
gics. This organization, known as
"Canine Companions for Independ-
ence," was recognized in 1987 by the
President's Committee on Employ-
ment of the Handicapped with the
Distinguished Service Award. This
very important organization trains
dogs to pull wheelchairs up inclines,
retrive dropped items, and turn lights
on and off.
I am pleased that the Paralyzed Vet-
erans of America have written to me
to express their support for this im-
portant legislation. I commend the
fine work of the PVA in their efforts
to provide greater independence for in-
dividuals with spinal cord injuries.
Mr. President, I urge my colleagues
to join with me in support of this leg-
islation.
Mr. President; I ask unanimous con-
sent that the research articles that I
have discussed, the PVA letter, the
VA's general counsel opinion on this
matter, and the text of the bill be
printed In.the RECORD.
There being no objection, the mate-
rial was ordered to be printed in the
RECORD, as follows:
S. 2207
Be it enacted by the Senate and House of
Representatives of the United - States of
America in Congress assembled,
SECTION 1. ASSISTIVE ANIMALS FOR CERTAIN DIS-
ABLED VETERANS.
(a) IN GENERAL.-Section 614 of title 38,
United States Code, is amended by adding
at the end the following new subsection:
"(c) The Administrator may provide sim-
ians and dogs specially trained as assistive
animals to any veteran who, by reason of
quadriplegia, is entitled to disability com-
pensation, and may pay travel and inciden-
tal expenses (under the terms and condi-
tions set forth in section 111 of this title) to
and-from such veteran's home that are in-
curred in connection with the veteran be-
coming adjusted to such simians or dogs, as
the case may be.".
(b) CLERICAL AMENDMENTS.-(1) The head-
ing of section 614 of title 38, United States
Code, is amended by striking out "seeing-
eye dogs" and inserting in lieu thereof "as-
sistive animals".
(2) the table of sections at the beginning
of chapter 17 of such title is amended by
striking out the Item relating to section 614
and inserting in lieu thereof the following:
"614. Fitting and training in use of prosthet-
TRAINING A CAPUCHIN (CEBUS APELLA) TO
PERFORM AS AN AIDE FOR A QUADRIPLEGIC'
(By Mary Joan Willard, Karen Dana, Lori
Stark, Jayne Owen, Judi Zazula, and Paul
Corcoran)
Abstract-Initial results of. a small pilot
project indicate that Cebus monkeys have
the potential to serve as animal aides for
quadriplegics. During the course of the pilot
project the investigators developed a set of
procedures for teaching a Cebus monkey a
variety of helping skills. Given a description
of those procedures, a college student with
no prior animal training experience was
able to teach a naive Cebus apella nine dif-
ferent complex behaviors in 25.5 hr of train-
ing over a period of two months.
INTRODUCTION
Recent medical progress has permitted
the survival of very severely disabled people
who, although totally paralyzed, retain un-
impaired cognitive and communication skills
and in many cases also have a normal life
expectancy. The most dramatic examples is
the high level quadriplegic after a cervical
spinal cord injury. In order to live independ-
ently outside of a chronic care institution,
such persons require a minimum of 4 to 5 hr
per-day of human help, generally obtained
by paying a "personal care attendant"
(PCA). The PCA assists with tasks such as
bathing, dressing, bowel and bladder rou-
tines, household tasks and errands and
transfers-into and out of a wheelchair.
Many PCA's provide indispensible services
and are highly motivated and, reliable. In
other cases, however, dependence upon a
PCA may be quite unsatisfactory. They are
always hard to find, turnover is high, they
may not arrive when scheduled, and in a few
cases PCAs have exploited handicapped in-
dividuals in various unfortunate ways. Fur-
thermore, regardless of the quality of PCA-
provided services, reliance upon a PCA Is
quite expensive. The PCA represents a
major expense for the handicapped individ-
ual and/or the health care system. Since
few quadriplegics can afford a full-time
PCA, many spend. major portions of their
waking hours unattended.
In 1977 P. Corcoran and I began investi-
gating the feasibility of training capuchin
monkeys as helpers for the severely dis-
abled. The target population we were inter-
ested In includes disabled individuals who .
are either totally paralyzed from the shoul-
ders down or have only very limited use of
their arms and legs. Most spinal-cord-in-
jured persons as well as a small proportion
of those with multiple sclerosis, muscular
dystrophy or cerebral palsy- fall into this
category.
BACKGROUND AND SUBJECTS
First Placement
In 1979, after taming and working with
several monkeys, we placed Hellion, a 2-
year-old Cebus albifrons with Robert F., a
23-year-old man who is paralyzed from the
shoulders down. Over the next 18 months
experimental equipment was added to his
electric wheelchair which enables him to
now direct, reward and punish his trained
capuchin. Robert uses a chin-controlled
wheelchair to move about his apartment. A
mini-laser pointer is mounted alongside the
chin control. Robert communicates his
needs by aiming the laser at the object he
wishes Hellion to manipulate. He combines
the laser beam with a verbal command to
' This research was funded by the Paralyzed Vet-
erans of America and bay the National Science
Foundation Grant No. PFR-800, 1938.
the monkey. -When Hellion successfully
completes a task, Robert rewards her by
triggering the release of a food pellet from
his wheelchair-mounted pellet dispenser.
Because Hellion's natural curiosity could
result in numerous messes in his apartment,
a system was developed to prevent Hellion
from destroying Robert's possessions. Hel-
lion was trained to avoid all contact with
pieces of furniture and miscellaneous per-
sonal effects upon which white stickers had
been placed. If she does touch a stickered
item, Robert is able to punish her by deliv-
ering either a warning tone or a tone plus
an elecric shock to her tail.
TABLE 1,.-TASKS AND PERFORMANCE RELIABILITY
[in percent]
Perform-
arice -
retiabil-
m'
1. Monkey opens the refrigerator door, removes a covered plastic
bowl and carries it to its owner's tray. Monkey then inserts
bowl in a slot in the tray and removes the lid ................................ 94
2., Monkey removes a spoon from the feeding tray and feeds its
owner. Owner requests each spoonful by making a clicking
sound with his mouth ....................................................................... 98
3. Monkey opens the refrigerator door, removes a bottle filled
with juice and carries it to the table. Monkey then inserts the
bottle into a slot in the tray, removes the plastic lid and inserts
a straw into the opening...... ............................................................ 95
4. Monkey removes the empty bowl, and/or bottle from the tray
and deposits it in a trash can .......................................................... 88
5. Monkey places tape cassette into a tape recorder so that the
cassette is correctly positioned for use............................................
100
6. Monkey retrieves a mouthstick and
ey -places the correct end in
its owner's mouth ............................................................................. 100
7. Monkey opens the bedroom door, which is then made
accessible to the owner in his wheechair ......................................... 100
8. Monkey turns a light switch on or off ........................................... 87
9. Monkey activates a mini-vacuum cleaner (modified battery-
operated "dustbuster") and pushes it wherever the laser
indicates. Monkey then returns it to its housing and turns it off.... 50
10. Monkey retrieves a dust rag and dusts wherever the laser
indicates ............................................................................................ 100
11. Monkey brushes the hair of its owner using a soft-bristled
hairbrush ........................................................................................... 88
12. Monkey moves objects from place to place following the laser
beam ........................................ :........................................................ 100
13. Monkey pushes the mounth and chin control arm on the
wheelchair within reach of its owner ............................................... 100
14. Monkey sits on the lap of its owner on command ........................ 97
15. Monkey returns to its cage on command and shuts the door
after entering, thereby locking the cage door .................................. 100
' A connect trial was one in which the monkey began the desired behavior
within 15 sec. of the initial command. Two hundred and seventy-two behaviors
were requested from the monkey over a period of 4 days. Two hundred and
fifty-seven behaviors were correctly completed giving the monkey an overall
reliability of 94 percent.
Hellion can perform a variety of tasks for
her paralyzed owner. Table 1 lists these
tasks and the reliability with which they are
performed.
The General Problem
The training strategies used in teaching
Hellion were based upon the principles of
behavior modification (Skinner, 1938, 1951;
Honig & Staddon, 1977). Although these
basic principles of learning provided a guide,
working out the step-by-step procedures for
teaching specific tasks involved a consider-
able amount of trial and error. What we felt
we needed was a standard set of procedures
which could be used by almost anyone to
teach a tame Cebus monkey some basic
helping skills. Such a set of procedures
would allow inexpensive replications of the
results we had achieved with Hellion. What
follows is a description of those procedures
as they were used by an inexperienced train-
er to teach a "naive" monkey a basic set of
skills.
Su Su is an 8-year-old female Cebus
apella. Work with two Cebus apellas and
four Cebus albifrons led the investigators to
conclude that apellas have an activity level
roughly one-fourth that of the more acro-
batic and somewhat hyperactive albifrons.
The attention span of the-apella also ap-
pears to be much longer. The phlegmatic
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005ROO1300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
March 23, 1988 CONGRESSIONAL RECORD - SENATE
temperament of the apella suggests that
they will make significantly better animal
aides.
Su Su was purchased from a zoo where
she had lived for two years: Although she
had been a pet prior to her placement in the
zoo, the details of her pre-zoo life are un-
known. After she was purchased, all of her
teeth were extracted, thereby eliminating
any possibility that she might bite her
trainer or future owner. She then lived for
several months in the home of a volunteer
who spent approximately 1 hr with her each
day, accustoming her to close contact with
humans. When she began her training in
January of 1981, she had become a tame
and friendly animal.
The Trainer
Kathy is a 21-year-old college student who
volunteered to train a monkey. She had
worked for one year as a veterinary's assist-
ant but had no animal training experience.
Kathy was given a 50-page manual of train-
ing instructions. She was supervised on an
"as needed" basis. Kathy received a total of
2 hrs of assistance from an experienced
trainer, primarily in the initial stages of
training.
TRAINING PROCEDURES
Training Room
The sight or sound of people walking or
talking easily disrupted the early training.
Therefore, initially a 25-ft square window-
less closet was used as the training site.
Once a behavior had been mastered, howev-
er, extraneous. auditory and visual stimuli
were far less disruptive, and the later stages
of training were conducted in a large but
sparsely furnished office.
Food Deprivation and Rewards
Su Su was deprived of food for approxi-
mately 16 hr before each training session.
Small amounts of peanut butter or bananas
were then used to reward Su Su for success-
ful performance during the session.
The Sessions
Sessions varied in length from 20 to 60
min. The average session was 35 min. Typi-
cally trainer and monkey spent at least 90
percent of their time on task behavior. If
the monkey appeared distracted, confused,
or not hungry the session was discontinued
and rescheduled. Approximately 15 percent
of the sessions had to be rescheduled.
Conditioned Reinforcer
Skinner (1951) noted that optimal learn-
ing occurs when a reinforcer follows the
target behavior within two-fifths of a
second. Following Skinner's suggestion the
trainer repeatedly paired the sound of a
clicker noisemaker with the delivery of a
small amount of food. Approximately 100
such pairings took place over the course of
two 20-min sessions. By the end of the
second session the monkey would look
toward the trainer and approach her when-
ever she sounded the clicker. The trainer
then used this same noise in subsequent
training to give immediate feedback to the
monkey. It was followed by a bit of food a
few seconds later.
Imitation
The first training objective was to teach
the monkey to imitate the trainer in per-
forming a simple task. The trainer gave the
command "do this" and simultaneously
dropped a rubber stopper into a 20X8 inch
shallow box. Initially the monkey was re-
warded if she merely touched the stopper.
The trainer then repeated the desired be-
havior and rewarded successive approxima-
tions until the monkey consistently picked
up and dropped the stopper into the box
when given the command. The large box
was replaced with a smaller box and then,
after several more correct trials, with a bowl
8 inches in diameter. The monkey was con-
sidered, to have mastered the task when
nine out of ten trials were correct. It took 18
min for Su Su to master this first task.
The trainer next substituted a plastic lid
for. the stopper and rewarded the monkey
for placing this new object in the bowl.
After several successful trials she set both
the lid and the stopper before the monkey
some 18 inches apart. The trainer now se-
lected one or the other of these two objects,
dropping it into the bowl as she said "do
this." The trainer then replaced the object
and waited for the monkey to imitate her.
The monkey was ignored for 30 sec (a "time
out") if either the incorrect object or both
objects were selected. The trainer then re-
peated the demonstration. If the monkey se-
lected the correct object, the trainer imme-
diately sounded the clicker but withheld the
food reward until the monkey also dropped
the object into the bowl.
Once the monkey demonstrated the con-
sistent ability to discriminate between the
two objects and imitate the trainer's ac-
tions, a third object was added and the proc-
ess begun once again. Through further imi-
tation of the trainer, the monkey was even-
tually taught to select one of five different
objects and place it in one of two different
bowls. The monkey took a total of 135 min
in mastering this imitation task, and an ad-
ditional 45 min was spent in practice and
review.
Fetching
Su Su next learned to retrieve a small
object and place it in the trainer's hand. In
teaching this task, the trainer took advan-
tage of a skill Su Su had already acquired.
The trainer began by giving the command
"do this" and then dropped a rubber stop-
per into a small bowl. After the monkey had
correctly imitated this behavior several
times, the trainer cupped her hand inside
the bowl. The monkey was then rewarded
each time she placed the stopper into this
hand/bowl combination.
Once the monkey was performing the task
without hesitation, the bowl was removed.
The monkey was now rewarded for imitat-
ing the trainer in placing the stopper into
the trainer's cupped hand. After the
monkey had done this several times success-
fully, the trainer changed command from
"do this" to "fetch." After several more suc-
cessful.trials, the imitative stimulus was dis-
continued, and the trainer simply prompted
the fetching behavior by touching or point-
ing to the stopper while saying "fetch" as
she extended her other hand.
Because the fetching response was often
carelessly performed, the trainer began to
withhold reinforcement if the stopper fell
out of her outstretched hand. In these in-
stances, the monkey was required to pick up
the stopper again and place it in the open
hand before receiving a reward. Next, the
trainer varied the location of the stopper,
although at no time was it placed more than
a few feet from the trainer.
Once the monkey had been trained to per-
form. this task reliably, the trainer substi-
tuted a series of small objects for the stop-
per, one at a time, until the monkey would
retrieve any small object placed within the
immediate vicinity of the trainer. Su Su
mastered this task within 17 min.
Fetching in Response to the Laser Beam
For this task, the trainer began by reduc-
ing the light in the training room by substi-
tuting a 15-watt bulb for the normal 100-
watt light. She then placed the rubber stop-
per on the floor and directed a flashlight
beam at it. Extending her hand palm-up,
she gave the command to "fetch." After sev-
S 2895
eral successful trials, the trainer substituted
a lid for the stopper and again directed the
flashlight beam at this new target. Once the
monkey had retrieved this second object
several times, the trainer placed. both ob-
jects on the floor 18 inches apart and direct-
ed the flashlight at one of them. She gave
the command to "fetch", with her out-
stretched hand held equidistant between
the two objects. If the monkey chose the
lighted object, she was immediately reward-
ed. If she selected the incorrect object, the
trainer withdrew her hand and the flash-
light and ignored the monkey for 30 sec.
Once Su Su was consistently retrieving
the lighted object, a 0.5 milliwatt helium
neon laser was substituted for the flash-
light. The laser projected a 1/9 inch diameter
bright red dot onto the target. The monkey
first spent several minutes trying to eat the
dot, but then began to retrieve the object
upon which the dot rested. Additional ob-
jects were added and trials given until the
monkey could retrieve the correct object
from among a dozen placed about the room.
It took Su Su 145 min to master this task.
Another 120 min were spent practicing this
task in a variety of settings.
Changing the Location of Small Objects
Su Su was next taught to pick up a small
object and move it to locations indicated by
the laser beam. Once again, parts of an old
task were used to teach this new task. The
trainer first had the monkey retrieve a
rubber stopper highlighted by the laser
beam. This was repeated several times. The
trainer then substituted the command
"change" for "fetch" and simultaneously
moved the laser beam from the stopper to
her outstretched hand the moment the
monkey picked up the stopper.
After several successful trials in which Su
Su transferred the stopper to the trainer's
hand, the trainer substituted a shoe box for
her hand. She again aimed the laser at the
location to which the monkey was to trans-
port the object. After several trials in which
the monkey correctly picked up the stopper,
carried it over, and placed it in the shoe
box, the lid of the shoe box was substituted
for the box itself. Later a piece of cardboard
was substituted for the lid. Still later the
size of the target was reduced even further
as the cardboard was torn in half, and then
into quarters. Finally the cardboard was re-
moved entirely, leaving the beam of light on
the floor (directly in front of the trainer) as
the only clue to where the stopper was to be
placed.
After several successful trials in which the
monkey transferred the stopper to the
lighted spot, the trainer increased the diffi-
culty of the task by requiring the monkey to
move the stopper approximately a foot to
her left or to her right. The monkey was
not rewarded until she had placed the stop-
per directly in the path of the beam. Other
small objects were later substituted for the
stopper, one at a time, so that the monkey
was given the opportunity to move any one
of the variety of objects from one spot on
the floor to another.
Su Su mastered this skill in 120 min. An-
other 95 min were spent practicing this
newly-mastered task in a variety of settings,
which included instances of placing objects
on top of pieces of furniture.
Removing a Plastic Bottle from a Refrigera-
tor, Placing It in a Slot on a Feeding Tray,
Opening the Lid and Inserting a Straw
For this chain of tasks, the last step was
taught first, then the next to the last step,
and so on until the monkey had mastered
the entire sequence.
The last step is inserting a straw into an
open container. The trainer slid the bottle
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
S 2896 CONGRESSIONAL RECORD - SENATE
into Its slot in the feeding tray and began by
demonstrating a modified version of the
target behavior. She . inserted a 3 inch
length of straw into the opening and re-
warded the monkey for successful imita-
tions. The trainer gradually increased the
length of the straw until the monkey could
insert a 12 inch length of plastic without
difficulty.
The next to the last step in the chain was
removing the lid from the bottle. Because
the monkey was to do this only when the
bottle was properly Inserted into its holder,
the bottle was always inserted into the feed-
ing tray before the monkey was given the
opportunity to unscrew the lid. The trainer
first tightened the lid slightly and then
demonstrated the twisting motion necessary
to unscrew it.
At first the monkey was rewarded for any
twisting action, even if it did not result in
removing the lid. During any trials in which
she removed the lid, the monkey was given
the plexiglass straw and required to insert it
in the bottle before receiving her reward.
The rightness with. which the lid was at-
tached was gradually increased until she
demonstrated the ability to unfasten a se-
curely closed top. Because the 12 oz square
container was to be inserted into a square
slot in the tray, the monkey was able to grip
the lid with both hands and to exert the
force necessary to unscrew the top without
also turning the bottle.
The third from the last step in the chain
was inserting the square bottle into its
proper slot. A square opening 1.5 times as
large as the bottle was cut into the bottom
of a shoe box. When inverted, the box pre-
sented an opening into which the bottle
could easily be guided. The trainer demon-
strated the desired behavior and rewarded
the monkey for successful imitations. Once
she had mastered this, the size of the open-
ing was gradually reduced until the monkey
could guide the bottle into a snug enclosure
without difficulty.
The actual opening in the feeding tray
was then substituted for the shoe box.
Every time the monkey successfully
dropped the bottle into the slot in the feed-
ing tray, the trainer required that the
monkey then unscrew the lid and insert the
straw before she gave the monkey her
reward. When necessary, the trainer
prompted the monkey to complete the
entire chain of these behaviors by simply
tapping the lid or straw to draw the mon-
key's attention to the next step in the se-
quence.
The last step in the training process was
removing the bottle from a refrigerator and
carrying it to the table in preparation for
inserting it into the feeding tray. The train-
er first placed the bottle 2 ft from the feed-
ing tray on the table and rewarded the
monkey when she completed the chain from
that point. Next the trainer placed ? the
bottle on a chair next to the table and re-
quired the monkey to pick it up, place it on
top of the table, and follow through in car-
rying it to the tray. Finally the bottle was
placed on the floor several feet from the
chair. If the monkey hesitated, the trainer
prompted her behavior by directing the
laser beam in front of the monkey to indi-
cate where she was to go.
Opening the refrigerator door was made
easy by placing several strips of tape across
the magnetic lock. Seated on the floor, the
trainer gave the command "do this" while
placing her fingers in the door crack. She
then gently pried the door open. The
monkey was rewarded for successful imita-
tions. The strips of tape were gradually re-
moved one at a time until the monkey could
brace herself and tug open a securely closed
door. Once she was proficient at this task,
every instance of opening the door was fol-
lowed by the trainer directing a laser beam
at the bottle located on the bottom shelf.
She was required to complete the entire
chain before receiving a reward. Small
amounts of liquid were added to the bottle
until Su Su could easily. carry and manipu-
late the container when it held 12 oz of
liquid. Su Su mastered the entire chain in
240 min. An additional 55 min. were spent in
practice and review.
Su Su was also taught to retrieve a bowl
with a detachable lid and a sandwich holder
and place them in their proper slots in the
feeding tray. Because the training proce-
dures so closely resemble those followed in
teaching her to retrieve and position a
bottle in the feeding tray, they will not be
described here.
Su Su mastered retrieving, positioning and
opening the bowl in 40 min. She learned to
transport and position the sandwich holder
in 40 min.
RETRIEVING A MOUTHSTICK
Many quadriplegics use a mouthstlck to
type, operate a speaker phone, and turn the
pages of a book. If this tool is dropped, they
are unable to retrive it without assistance.
Su Su was taught to retrieve a mouthstick
from the trainer's lap or from the floor.
The trainer began by sitting in a chair at
a desk and placing the monkey on the desk
top. The trainer then held a pencil with one
end wrapped in tape several inches from her
open mouth. She said "do this" and inserted
the taped end into her mouth. Next, con-
tinuing to hold the pencil lightly, the train-
er waited for the monkey to touch the
pencil and then guided it into her ovm
mouth. The trainer gradually decreased the
amount of guidance she provided until the
monkey would insert the mouthstick into
the trainer's mouth on her own.
The trainer slowly_ increased the distance
between her own mouth and where she
placed the pencil until the monkey was able
to pick it up from the desk and properly
insert it. If at any time the monkey at-
tempted to insert the untaped end in first,
the trainer closed her mouth and refused to
accept it, and instead gently turned the
pencil around in the monkey's hands,
prompting her to try again. The task was
considered to have been mastered when the
trainer was able to drop the mouthstick on
the desk, her lap, or the floor, give the com-
mand "mouth," and have the monkey prop-
erly retrieve it. Su Su mastered this task in
25 min. Another 25 min was spent in review.
Dusting Furniture or Cleaning Up Small
Spills
For, this task, the monkey was taught to
push a dust cloth along a flat surface fol-
lowing a laser beam. The trainer began by
inserting her hand into a cotton potholder
mitten and placing the mitten on the floor.
Giving the command "do this," she then
pushed the mitten with her other hand,
sliding it several inches across the floor.
At first the monkey was rewarded for
touching the mitten. If the monkey at-
tempted to pick it up, the trainer pressed it
tightly against the floor. The monkey could
now only employ a sliding motion to move
it. As more of the monkey's attempts took
the form of pushing movements, the trainer
withdrew her hand from the mitten.
Once the monkey was consistently able to
push the cloth several inches, the trainer in-
troduced the laser beam as a target. The
beam was directed a few inches in front of
the mitten. The monkey had only to push
the mitten a very short distance before it
intercepted the light. As soon as the mitten
did cross the beam, the trainer immediately
sounded the clicker. The distance between
the beam and the mitten was gradually in-
March 23, 1988
creased until the monkey had learned first
to look for the beam and then to push the
cloth toward it. The trainer then began to
move the beam, requiring that the monkey
follow it back and forth across the floor sev-
eral times before receiving a reward. It took
45 min for the monkey to master this task.
Another 30 min were spent in practicing it
on various surfaces.
Vacuuming
A small non-electric carpet sweeper was
modified for use by the monkey. Seated on
the floor, the trainer began by placing her
leg across the base of the sweeper leaving
only the T-bar handle accessible. Saying "do
this," the trainer placed both of her hands
on the handle. The monkey was rewarded if
she placed one or both hands in the same
position. Once the monkey had learned to
position her hands correctly, the trainer re-
moved her leg from the base of the sweeper.
Saying "do this," the trainer now pushed
against the handle until the sweeper had
moved several inches. The monkey was ini-
tially rewarded. for any forward pushing,
but the distance she was required to travel
before receiving a reward was gradually in-
creased. If the monkey stopped short of the
desired distance the trainer prompted a
second or third push by tapping the handle
and giving the command "vac."
Once the monkey had learned to push the
sweeper several feet consistently, the laser
.beam was introduced as a target. As in
teaching dusting, the trainer directed the
beam 1 to 2 ft in front of the monkey and
sounded the clicker the moment the clean-
ing instrument intersected the beam. Once
the monkey had learned to readily follow
the beam in a straight line, the trainer
began to direct the beam in a wide arc. She
gradually increased the sharpness of the
turns until the monkey could follow the
beam back and forth across the floor with-
out difficulty. Su Su mastered this task in
230 min. An additional 80 min were spent In
review and practice under a variety of condi-
tions.
CONCLUSION
Thus far Su Su has spent 25.5 hr in train-
ing. Her education is still incomplete. Over
the next few months she will be (1) taught
to avoid any pieces of furniture on which
white stickers have been pasted; (2) trained
in several obedience behaviors via avoidance
conditioning; (3) trained to use a specially
designed toilet which is part of her cage;
and (4) given 20 to 40 hr Of supervised prac-
tice in the home of her new quadriplegic
owner.
It is yet too early to evaluate the costs and
benefits associated with owning a simian
aide. Cebus monkeys do, however, have a
life expectancy of 30 years, which means
they should be able to serve their owners
over a very long period of time. The costs
associated at least with the laboratory stage
of training are surprisingly low. Kathy's
training of Su Su demonstrates that even an
inexperienced volunteer is capable of
achieving sophisticated results with the
proper set of instructions.
Should simian aides prove practical, our
long term goal is to establish a non-profit
program similar to a guide-dog school. How-
ever, a number of questions need to be an-
swered before such a project can be under-
taken. They include: (1) Does the gender of
the monkey affect its performance as an
aide? (2) Should the males undergo castra-
tion or the females ovariotomies? If so at
what age? (3) At what age should a monkey
be removed from a breeding colony to be
raised by humans? (4) Is there a small
monkey suitable than the Cebus apelia to
act as a helper for quadriplegics?
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005ROO1300070005-1
 6 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
March 23, 1988
CONGRESSIONAL RECORD -- SENATE
Areas we are now.working on include: (1)
refining and standardizing the equipment
used by a manlmonkey team; 42) developing
a ,comprehensive list of behaviors useful to
quadriplegics -which monkeys are capable of
performing; .(3) refining the procedures used
in the later stages of training, Including the
transfer of control from a trainer to a dis-
abled owner; and (4) training and placing a
sufficient number. of monkeys with disabled
owners that we can evaluate the costs and
benefits associated with using a simian aide.
The capuchins s potential to help the par-
alyzed is exciting. As man and monkey work
together :daily constantly practicing old
tasks and occasionally adding :new ones, the
resulting symbiotic relationship promises to
be a unique andincreasingly -complex one.
ACS NO NL'EDGEMEN4a5
Kathleen Waugh attends the University
of Massachusetts. Throughout the training
program her patience and good humor in-
spired us When we most needed encourage-
ment. It is impossible to express our debt to
her.
REFERENCES
Honig, W. &. J. E. R. Staddon (eds.), 1977.
"Handbook of Operant Behavior." Prentice-
Hall, New Jersey.
Skinner, B.F., 1938. "The Behavior of Or-
ganisms: An Experimental Analysis." Apple-
ton-Century-Crofts, New York.
1951..13ow to teach animals. Set.
Amer-,185: 26- 29.
A CAPUCHIN MONKEY AS AN AIDE TO A QUAD-
RIPLEGIC INDIVIDUAL: AN INITIAL EVALUA-
TION
(Judith Lee Zazula, Tufts University Master
Thesis, 1982)
'ABSTRACT
In a previous Pilot study, a capuchin
monkey .was trained to retrieve objects, acti-
vate household appliances, and feed a
human being. The purpose of this study was
to evaluate the effectiveness of the use of
that monkey as a supplementary aide to a
quadriplegic young man. The intent was to
determine if monkey assistance would be an
effective method of increasing a handi-
capped individual's ability to interact with
his environment.
The evaluation Was divided into the areas
of (a) task performance, (b) attitudes
toward the disabled, (c) undersirable
monkey behaviors, (d) cost effectiveness,
and (e) the disabled owner's.subjenlve ap-
praisal. Data collection methods included
personal interviews, observation during
baseline and experimental periods trine in-
volving the monkey and one not), and a
record review.
The results indicate that task behaviors of
the quadriplegic individual increased -when
he received assistance from his animal aide.
More people were found to initiate verbal
interaction with the human subject in
public when he was :accompanied by the
monkey. Specific annoying behaviors that
the animal engaged in were identified by
the disabled owner and his human attend-
ant. Additionally, the estimated cast of
monkey assistance in feeding was less- than
the cost of human assistance in the same ac-
tivity. The disabled owner's subjective ap-
praisal revealed that the use of a monkey
aide had an overall positive effect on his
aged interaction between its disabled owner
and the nondisabled public, negative
monkey behaviors were tolerable, and the
human subject derived personal satisfaction
from his simian aide.
The findings of . this initial evaluation
imply,that the use of a capuchin monkey as
an aide to,a quadriplegic individual is a fea-
sible method of supplementing the assist-
anceprovided `by a part time human attend-
ant.
CAPUCHIN MONKEYS AS AmEs FOR
'QUADRIPLEGICS _
(Mary Joan Willard, Ed.D, and Paul
Corcoran,'M;D.) -
Pilot project research has shown that.cap-
uchin monkeys have the potential to be .as
valuable to high-level quadriplegics as guide
dogs are now to the blind. Current .goals and
the progress made on each Is as .follow:s:
1. The standardization of training proce-
dures for teaching monkeys a basic reper-
toire of skills. Approximately two-thirds of
the training procedures used in teaching a
basic repertoire of skills have been -stand-
ardized, and are described Ina 100-page Il-
lustrated training manual. By .following ,the
Instructions in this manual, inexperienced
college students have successfully trained
naive monkeys with only occasional help
from a training supervisor.
2. The redesign of equipment which allows
the disabled user to direct, reward, and
punish his animal helper. The shock/buzz
remote-control harnesses used to discipline
the monkeys have been reduced in size and
weight. A variable-level shock control has
been added to the unit. Powder reward dis-
pensers which frequently clogged have been
replaced with inexpensive manually operat-
ed liquid-reward dispensers.
3. A directory of new skills which can be
taught to monkeys. Only four new behav-
iors have been added to the 'basic list. It
seems as if most high-level quadriplegics
share many of the same basic needs.
4. Placement of 3-4 monkeys,per year with
new owners. Three additional placements
have been made since June of 1982. Feed-
back has resulted in a better understanding
of the type of situation in which these
animal aides can be'of most value.
5. The evaluation of all placements. A pro-
posal is being prepared for submission to
the VA Prosthetic and Sensory Aids Service
requesting an independent evaluation - of
simian aides.
B. A cost/benefit analysis. for the disabled
recipient and the health care system. Pre-
liminary results indicate the financial and
psychosocial benefits derived from owning a
simian aide outweigh the costs. A more
formal analysis awaits data that will be col-
lected during the Independent evaluation.
I. An analysis of the type of organization
Which can train and place simian aides on a
larger scale. A detached outline -of an orga-
nization has not only been drawn up, but es-
tablished. Helping Hands. Simian Aides for
the Disabled, Inc. was incorporated in New
York State in October of 1382 as a nonprof-
it organization.
THE PSYCHOSOCIAL IMPACT?OF SIMIAN AIDES
ON QUADRIPLEGICS
(M.J. Willard, Alice Levee, and Lauren
Westbrook)
ABSTRACT
In 1977 Willard and Cocoran began inves-
tigating the feasibility of training capuchin
monkeys' as sides for quadriplegics. Their
throughout the day without having to rely
on human assistance. By 1984, seven quadri-
plegics were living and working with simian
aides. These individuals had not only
achieved greater independence, but they re-
ported a variety of psychological and social
changes. Tame, affectionate capuchins pro-
S 2897
vided companionship and :recreation. The
quadriplegics', social -world expanded as
their monkeys attracted strangers and en-
tertained .riends.71ie :simian aides seemed
to hold'a"position in their owners affections
somewhere between? that of a treasured pet
and a human child.
BACKGROUND ON THE'PROBLEM
To live outside -of a chronic care institu-
tion, a high level quadriplegic requires a
minimum of 4 to ,6 hours per day of human
help. The disabled Individual usually re-
ceives this help from one or more family
members. Twho must snake drastic changes in
their own lives to provide it, or from a paid
personal care attendant (PCA). The relative
or PCA assists with tasks such as bathing,
dressing, bowel :and bladder routines, house-
hold tasks, and transfers into and oat of a
wheelchair.
In addition to these essential tasks, which
are usually performed in the morning -and
again at night, a quadriplegic needs help to
achieve countless small tasks during the
course of the day. Putting a book or ,maga-
zine on a -reading stand, placing -a cassette
into a tap recorder, getting a drink, eating a
meal, retrieving a fallen mouthsttck, and
opening a door are .all tasks that require as-
sistance.
Few quadriplegics have families willing 4or
able to Provide constant access to help, and
fewer .still can afford full-time paid attend-
ants. Many simply do ;without. These indi-
viduals are surviving, but the quality of
their'lives leaves room for a great deal of
improvement. ,
SIMIAN AIDES .
in 197.9, after training and working with
several monkeys, Willard and Cocoran
placed Hellion, a 2-year-old CCebus albs ronms'
with .Robert F., a.23-year-old man who is
paralyzed from the shoulders down. Robert
lives in his own apartment with the aid oof a
PCA. His live-in attendant works full time
at a nearby hospital and Robert is alone ap-
proximately 9 hours per day. 5 days per
week.
To communicate his needs to his 16--pound
animal aide, Robert aims a small harmless
laser pointer at the object he wants her to
manipulate. The laser is mounted on the
chin control mechanism of his wheelchair.
He uses the laser beam plus a verbal com-
mand to .indicate what the animal is to do
With the object. When Hellion has complet-
ed a task, Robert rewards her with the re-
lease-of a food pellet from the dispenser
mounted on his wheelchair.
In addition to the tasks. illustrated, Hel-
lion -can retrieve a fallen mouthstiek and
place the correct end in Robert's mouth.
She can remove a sandwich- held in a sand-
wich holder from the refrigerator and place
it on a tray allowing Robert to eat. Should
he want a drink, she can place a drink con-
tainer on the feeding tray, open it, and
insert a straw. She can turnlights on or off
or use a rag to clean up spills and dust fur-
niture. Because she can move small objects
from place to place following a laser beam.
Robert can-direct Hellion to place selected
books on a reading stand or throw waste-
papers in the trash. She will come when
called and return to her cage, locking the
door behind her when given a command to
do so. -
TRAINING TECHNIQUES
The training - tractegies used in teaching
Hellion were based upon, the principles of
behavior: modification. Alt - igh these basic
principles of learning provided a guide,
working nut the step-by-step procedures for
teaching specific tasks involved a consider-
able amount of trial.:and'error. All-but two
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005ROO1300070005-1
S 2898 CONGRESSIONAL RECORD - SENATE
behaviors are maintained using reward
alone. The exceptional behaviors, returning
to the cage and avoiding marked objects and
areas, must be performed with 100% reli-
ability and, therefore, are maintained
through threat of punishment. Robert can
deliver a warning tone or a warning tone
and a mild electric shock to the base of Hel-
lion's tail if she disobeys these two com-
mands.
PSYCHOSOCIAL IMPACT
Initially, we were more concerned with
the practical aspects of simian aide usage.
The 7 placements made over the past 5
years have allowed us to experiment with
new behaviors, and with the species, age,
and sex of the monkeys. They have also led
to equipment refinement and the develop-
ment of improved training techniques. This
work had led us to conclude that simian
aides can be cost effective, reliable, and very
appropriate helpers for some portion of the
quadriplegic population.
Despite our task-oriented focus, it has
become increasingly apparent that these
animals are providing much more than a
means to increase independence. In examin-
ing the literature on pet therapy, we found
that the psychosocial impact of animals on
the aged, imprisoned, and the handicapped
has been explored. Observations made on
the quadriplegic/simian interactions have
convinced us that this partnership repre-
sents one of the most unique and dramatic
illustrations of the human/animal bonding
phenomena.
Numerous studies on the theraputic uses
of pets have documented the psychological
changes that can occur with the acquisition
of a pet. Lima State Hospital for the Crimi-
nally Insane uses pets as catalysts for ther-
apy. This treatment has been effective with
depressed, suicidal, and introverted patients
Lee (1982) reports that the pets alleviate
loneliness, hopelessness, and boredom, while
simultaneously increasing self-esteem and
stimulating a less self-focused and a more
responsible attitude in the patients. Feld-
mann (1977) reports that responsibility for
the welfare of a pet can help the owner feel
significant, nurturing, and needed. Upon re-
ceiving her simian aide, a 35-year-old quadri-
plegic told her sister. "I feel as if I'm getting
the child I never thought I'd be able to
have."
Fox (1981) and Levison (1970, 1972) have
studied the effects of pets on the elderly
and found that the major benefits of the
pet/owner relationship include companion-
ship, affection, stimulation, and emotional
security. Even more so than the elderly,
high-level quadriplegics are restricted in the
activities they can engage in. Much of their
time is spent at home, where rooms are
wheelchair accessible, adaptive equipment is
set up, and a daily routine of human assist-
ance is provided. Such confinement often
leads to isolation and loneliness. The
mother of a 27-year-old quadriplegic partici-
pant observed.
He was hurt 5 years ago. His friends
gradually stopped coming around. There's
just his family now, and that monkey. They
do everything together. I can't tell you how
much she means to him.
The animal aides are working creatures
who demand active owners. A quadriplegic
must direct, reward, and discipline his
monkey many times during the day. Main-
taining task performance, dealing with be-
havior problems, and teaching new tasks are
complex skills which require attentiveness,
creativity, and problem-solving. This mental
and emotional stimulation can help allevi-
ate the boredom and depression associated
with isolation and restricted activities.
March 23, 1988
were neutral but over a period of months
have become very attached to her. The
sixth attendant did not like her H but now
tolerates her, and the seventh person dis-
liked her from day one: She quit.
Simian aides can also contribute to the
richness of these on-going relationships.
One full time attendant said of his employ-
er,
He is not always the most stimulating
person. We just can't have that much in
common. But that monkey has kept us to-
gether. We talk about her all the time: about
the cute things she does and how other
people react to her. Whenever anyone calls
or stops by, they ask about H. (the monkey).
He (my employer) has a million funny
stories to tell and people love to hear them.
More than one observer has commented
on the obvious pride a quadriplegic takes in
his simian aide. Ownership itself is part of
the source. They possess something unusual
that others want to touch, admire. and play
with. Their own expertise is another source
of pride. They have become knowledgeable
about primate training, care, and personali-
ty. Others seek them out, valuing their in-
formation and showing genuine interest in
their stories.
It is fairly recent medical progress which
has permitted the survival of these severely
disabled people. As of 1979 there were
75,000 spinal cord injured quadriplegics in
the United States, and every year the
number grows. Over 80% of those injured
are under 40 years of age. In many cases
these individuals have a normal life expect-
ancy. Society is just beginning to provide
for more than custodial care. Simian Aides
are one option which not. only helps with
daily care, but has profound effects on the
quality of their lives as well.
ACKNOWLEDGMENTS
This work was supported by the Veterans
Administration and the Dodge Foundation.
REFERENCES
Dejong, G. and Wenker, T. (1979) Amen-
dant care as a prototype independent living
service. Archives of Physical Medicine and
Rehabilitation 60:477-462.
Feldmann, B.M. (1977) Why people own
pets. In: The Handbook of Animal Welfare
Biomedical Psychological and Ecological As-
pects of Pet Problems and Control, Allen,
W. and Westbrook, L. (eds.), Gerald STM
Press, New York.
Fox, M. (1981) Relationships between the
human and nonhuman animals. In: Interre-
lationships Between People and Pets. Fogle,
S. (ed), Thomas, Springfield, Illinois.
Goffman, E. (1963) Stigma: Notes on the
Management of Spoiled Identity. Prentice-
Hall, Englewood Cliffs, New Jersey.
Hunt, P. (1966) Stigma. Geoffrey Chap-
man Ltd., London.
Lee, D. (1982), Lima State Hospital Pet
Therapy Program, private correspondence.
Levinson, B.M. (1970) Nursing home pets:
a psychological adventure for the patient.
Part I The National Humane Review 58
(455): 14-16.
Levinson, B.M. (1972) Pets and Human
Development, Thomas, Springfield, Illinois.
Marinelli, R. and Dell-Orto, A. (Eds.),
(1977) Psychological and Social Impact of
Physical Disability, Springer, New York.
Roessler, R. and Bolton, B. (1978) Psycho-
logical Adjustment to Disability, University
Park Press, Baltimore.
Shontz, F.C. (1974) The Psychological As-
pects of Physical Illness and Disability,
Macmillan, New York.
Smith-Hanen, S. (1976) Socialization of
the physically handicapped. Journal of Ap-
plied Rehabilitation Counseling. 7: 131-141.
Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005ROO1300070005-1
In a study examining attending care for
the disabled, DeJong and Wenker (1979)
found that self-management of even a small
part of one's personal care was critical to a
sense of self-worth. and independence.
Shontz (1975) found that individuals who
control their own life experiences maintain
a higher morale than those who feel totally
controlled by outside events. A quadriplegic
is dependent upon his family and attend-
ants for everything from bowel and bladder
care to each bite of food he consumes. It is
an unusual person who is comfortable with
asking for help 20, 30, or 40 times per day.
Feelings of imposition and helplessness
are not part of the monkey/quadriplegic re-
lationship. Controlling a wheelchair-mount-
ed food dispenser gives the quadriplegic
power. The monkey is eager to perform,
knowing she will be immediately reinforced.
Thus the quadriplegic enjoys the role of di-
rector and benefactor. All owners have re-
ported playing fetch and reward games with
their animal aides. Much as a dog owner
might throw a stick for his pet whenever
chores are not needed, quadriplegics direct
and reward for the fun of it. A part-time at-
tendant for a quadriplegic observed that her
employer had less trouble keeping attend-
ants now that she has a simian aide.
Instead of giving us orders for every little
thing she'd ask the monkey to do some-
thing. It seems to meet some of her needs
for control, and it made life a lot easier for
us.
SOCIAL BENEFITS
The difficulty experienced by the disabled
in meeting people is well documented (Mari-
belil and Dell-Orto, 1977; Roessler and
Bolton, 1978; and Smith-Hanen, 1976).
Strangers feel guilty and uncomfortable in
the presence of the handicapped (Goffman,
1963) and as a result generally avoid interac-
tion with them. Such avoidance exacerbates
the isolation and loneliness suffered by
many handicapped people, and may encour-
age further social withdrawal (Hunt, 1966).
Animals give others an acceptable reason to
make contact and ease the awkward initial.
interaction. Each of the 7 participants in
this program have spontaneously comment-
ed on the effect their monkeys have in at-
tracting others. One quadriplegic said.
Whenever I'm lonely, I go outside with my
monkey. Everybody thinks she's beautiful
and wants to know all about her.
In a study by J.L. Zazula in 1982, ap-
proach behavior toward a quadriplegic with
and without his monkey was assessed by
measuring the number of people who initi-
ated conversation with the quadriplegic in a
public shopping center in the absence of the
monkey, only 2 strangers spoke to the quad-
riplegic within a period of one hour. Howev-
er, with a monkey seated in his lap, 71
strangers initiated a conversation with the
owner within a one-hour period. In fact,
Zazula reports that her quadriplegic subject
chose whether to bring his monkey on a
public excursion or into his front yard, de-
pending on how much attention he felt like
receiving that day.
Monkeys not only attract attention, but
their presence can minimize the salience of
their owner's handicap. With little atten-
tion being paid to his paralysis, a qaudriple-
gic is free to express his own individuality.
This is no small achievement for someone
who must deal each day with other people's
prejudices concerning the handicapped.
Most, though not all, relationships are im-
proved by the acquisition of a simian aide.
One participant spoke. of the mixed and
evolving reactions of her 7 part-time attend-
ants,
Two immediately loved H. (the monkey)
and thought she was a great help. Three
 Declassified and Approved For Release 2012/08/28: CIA-RDP90M00005R001300070005-1
March 23, 1988 CONGRESSIONAL RECORD -- SENATE S 2899
Zazula, J. (1982) A capuchin monkey as an
aide to a quadriplegic individual: Animal
evaluation, Masters Thesis, Tufts Universi-
ty.
THE USE OF CAPUCHIN MONKEYS AS AIDES TO
QUADRIPLEGICS
BACKGROUND ON QUADRIPLEGICS
Recent medical progress has permitted
the survival of very severely disabled people
who, although totally paralyzed, have
normal cognitive and communication skills.
In many cases, severely disabled individuals
also have a normal life expectancy. The
most dramatic example Is the high level
spinal 'cord injured quadriplegic who is para-
lyzed, in varying degrees, from the shoul-
ders down. As of 1979, 'here were 75,000
spinal cord injured quadriplegics in the
United States. Eighty-two percent of them
were men and most were young. Fifty per-
cent were between the ages of 15 and 25 at
the time of their injury (Nat. Spinal Cord
Injury Data Research Center, 1979).
To live outside of a chronic -care institu-
tion, a high level quadriplegic typically re-
quires a minimum of four to six hours a day
of human help. The disabled individual usu-
ally receives this help from one or more
family members who must make idrastic
Changes in their own lives to provide it,
and/or from paid personal care attendants
(PCA). The relative or PCA assists with
tasks such as bathing; dressing, bowel and
bladder routines, household tasks, and
transfer into and out of a wheelchair.
In addition to these .essential tasks, which
are usually performed in the morning and
again at night, a high level quadriplegic
may require help to perform