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May 24, 1988
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Ainee Declassified in Part - Sanitized Copy Approved for Release 2013/01/02 : CIA-RDP89T00234R000200240016-3 MEMORANDUM FOR: NIO/N C/SAS/DO AGC/DO C/ILD/OGC C/ALD/OGC C/ICAD/OGC FROM: 24 May 1988 OCA 1634-88 Legislation Division STAT Office of Congressional Affairs SUBJECTL Increased DoD Role in Drug Interdiction 1. On Thursday, May 12, 1988, during floor consideration of S. 2355 (the Department of Defense (DoD) authorization bill for fiscal year 1989) the Senate adopted an amendment which would increase DoD's role in the interdiction of drugs coming into the United States. A copy of the amendment as adopted is attached for your information. 2. You will note it requires the President to designate a "lead agency" which, the Senate recommends, be DoD. You will also note it requires the President to submit within thirty days of the enactment of the legislation a plan on how resources, including intelligence resources, will be deployed. 3. The Senate continues floor consideration of the bill with final passage expected in the very near future. The House version of this legislation, H.R. 4264, passed the House on 11 May 1988 and contained a similar provision. (See attached Congressional Record, dated Ma l'88 . H2992-2994. Attachments Declassified in Part - Sanitized Copy Approved for Release 2013/01/02 : CIA-RDP89T00234R000200240016-3 STAT '; ? Declassified in Part - Sanitized Copy Approved for Release 2013/01/02 : CIA-RDP89T00234R000200240016-3 S 5752 CO6IRESSIONAL RECORD ? SENATLK) May 18,', 1888 Mr. DOLE. lir. President. I yield 5 minutes to the Senator from Califor- nia. The PRESIDING OFFICEEt. The Senator from California. IMGENDMENT NO. 2069 Mr. WILSON. Mr. President. I send an amendment to the desk and ask for Its immediate consideration. The PRESIDING OFFICER. The clerk wM report. The asidstant legislative clerk read as follows: , The Senator from California (Mr. Wilson), for himself, Mr. Num:, Mr. Waimea, Mr. DaCcorcurt, "Mr. D'Assaro, Mr. GRAHAM, Mr. Thasumogro, Mr. Qualm Mr. Dots, Mr. Swam& Mr. Boscawrra Mr. DIXON, Mr. RIINTSEN, Mr. TRIBLE, Mr. Duasacrsznala, Mr. GRAMM, Mr. DORE, and Mr. WIRTH proposes an amendment num- bered 2069. Mr. WILSON. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with. The PRESIDING OFFICER. With- out objection, it is so ordered. - The amendment is as follows: On page 171, between lines 2 and 3, insert the following new sections: SEC. 931. DRUG ENFORCEMENT ASSISTANCE (a) FENDINGS.?The Congress finds that? (1) the transport f weapons, drugs, and other contraband, as well as terrorists, across the borders of the United States con- stitutes a threat to the national security*, (2) a mission of the armed forces of the United States will be to assist Federal law enforcement agencies responsible for the interdiction of illicit drugs entering the United States by an aircraft or vessel: (3) the additional resources and funds nec- essary to carry out this section should be made available to the Department of De- fense; and (4) activities under this section by mem- bers of the armed forces should be carried out to the maximum extent practicable in consultation and cooperation with appropri- ate law enforcement agencies. (b) GUIDELINES TO THE MILITARY DEPART- NtEZZTS.?ZeCtioTt 113 of title 10, United States Code, is amended by adding at the end of the following new subsection: "(k) The Secretary of Defense with the advice and assistance of the Chairman of the Joint Chiefs of Staff, shall provide an- nually to the Secretaries of the military de- partments and to the Commanders of the Combatant Commands written guidelines to direct the effective detection and monitor- ing by the Army, Navy, Air Force, and Marine Corps of all potential aerial and niaritime threats to the national security of the United States. Such guidelines shall in- clude guidance on the specific force levels and specific supporting resources to be made available for the period of time for which such guidelines are to be effective.". (C) LEAD AGENCY FOR DETECTION.?(1) Not later than 30 days after the date of enact- ment of this Act, the President shall desig- nate a single lead agency for detection and monitoring of aerial and maritime transit of illegal drugs into the United States. (2) It is the sense of the Congress that the Department of Defense has unique capabili- ties, experience, equipment, and trained per- sonnel and has contributed to the detection and monitoring of aerial and maritime tran- sit of illegal drugs into the United States, and the President shall give priority consid- eration to these factors in making the desig- nation required by paragraph (I). (d) COMMAND. CONTROL, COMMUNICATIONS,. END irprzimasucc Nrrwoax.?(1) Not later than 90 days after the date of enactment of this Act, the President shall report to Con- gress his plan for integration by the Depart- ment of Defense of command, con- trol, communications, and intelligence assets of the United States dedicated to the -interdiction of illegal drugs. ? (2) Not later than 120 days after submis- sion of the report required by paragraph (1), the President Shall report to Congress his plan for assignment of the responsibility for operating the command, control, com- munications, and intelligence network de- scribed in paragraph (1). (e) Mason= RADAR DOVERAGE.?As soon as practicable after the date of enactment of this Act, the President shall deploy radar surveillance aircraft in sufficient numbers to provide an appropriate increase in the flying hours dedicated to drug Interdiction. An appropriate increase of flying hours Shall be dedicated to assistance to civilian agencies responsible for drug interdiction. An appropriate Increase of flying -hours Shall be dedicated to such assistance along the Southwest border of the United States until such time as the aerostat radar surveil- lance systems that, as of the date of enact- ment of this Act, are planned for installs- don along such borders, are fully operation- al. (f) LOAN OF Ptrasurr Aracrtarr.?The De- partment of Defense shall make available to the Coast Guard and Customs Service rotor wing and fixed wing aircraft of the armed forces to be used by such agencies in the pursuit of aircraft or vessels involved in ille- gal drug operations. (g) DRUG INTERDICTION ASSISTANCE.?(1) Section 374(c)(2) of title 10, United States Code, is amended by inserting at the end thereof the following new subparagraph: ? "(C) Equipment operated by or with the assistance-of personnel of the Department of Defense for the purpose of monitoring and communicating the movement of air and sea traffic (including equipment operat- ed by or with the assistance of personnel as- signed under subsection (a)) may be used to, Intercept vessels and aircraft for the pur- pose of identifying and communicating with such vessels and aircraft and directing such vessels and aircraft to a location designated by appropriate civilian drug enforcement of- ficials.". (2) Section 374(c)(1) of title 10, United States Code, is 'amended by? (1) striking out "In an emergency circum- stance, equipment" and inserting in lieu thereof "Equipment": and (2) striking out "determine an emergency circumstance exists" and inserting in lieu thereof "approve such assistance". (3) Section 379 of title 10, United States Code, is amended by inserting the following new subsections at the end thereof: ''(e) Under regulations jointly prescribed by the Secretary of Defense and the Secre- tary of Transportation in consultation with the Attorney General, members of the armed forces who? "(1) are assigned to duty on vessels of the Navy to which a member of the Coast Guard has been assigned under this section. "(2) have been provided with appropriate training in the law enforcement functions of the Coast Guard, and "(3) have been designated by an author- ized member of the Coast Guard to perform the law enforcement functions of the Coast Guard may, outside the United States, assist or perform any of the law enforcement func- tions of the Coast Guard under section 89 of title 14, United States Code. - "(f) Upon motion by the Attorney Gener- al or his designee, any civil action, claim, or proceeding brought against any member of the armed forces arising from such mem- ber's performance of duties under this chap- ter shall be deemed an action exclusively against the United Stateri and the United States shall be substituted as s party de- fendant. The United States shall be entitled 'to all defenses otherwise available to an em- ployee of the United States under state or Federal law as well as defenses to which the United States is independently entitled.". (h) ENHANCED DRUG INTEDICITON AND EN- FORCENEENT ROLE FOR THE NATIONAL GUARD.? (1) PREAMBLE.?Congress having made a finding that "the transport of weapons, drugs, and other contraband, as well as ter- rorists, across the borders of -the United States constitutes a threat to the national security," the Secretary of Defense is direct- ed to urge the Governors of the several states to provide plans for participation by the National Guard in performing the ob- jectives of this law. (2) IN GENERAL.?(A) The Secretary of De- fense may provide to the Governor of a State who submits a plan to the Secretary under paragraph (B) sufficient funds for the pay, allowances, clothing, subsistence. gratuities, travel, and related expenses of personnel of the National Guard of such State used for the purpose of drug interdic- tion and enforcement operations and for the operation and maintenance of the equipment and facilities of the National Guard of such State used for such purposes. (B) The Secretary may provide funds under paragraph (A) to the Governor of a State who submits a plan to the Secretary specifying how personnel of the National Guard of such State are to be used in drug enforcement and interdiction operation by a National Guard of a State unless? (I) such operations are conducted at a time when personnel of the National Guard of the State are not in Federal service; and (ii) participation by a National Guard per- sonnel in such operations is service in addi- tion to annual training required under sec- tion 502 of title 32, United States Code. (C) Before funds are provided to the Gov- ernor of any State under this section, the Secretary of Defense shall consult with the Attorney General of the United States re- garding the adequacy -of the plan submitted by the Governor to the Secretary. (3) Sonacs or FUNDS.?(A) Of the amounts appropriated pursuant to section 301(a), up to $30,000,000 shall be available for the pur- poses specified in paragraph (1). (B) Of the amounts appropriated for Na- tional Guard Personnel, Army, and National Guard Personnel, Air Force, for fiscal year up to $30,000,000 shall be available for the purposes specified in paragraph (1). (4) REPORT.?(A) Not later than 90 days after the date of enactment of this Act. the President shall submit to Congress a report on the potential effectivnesss of using mem- bers of the National Guard and the Re- serves for drug interdiction efforts, consist- ent with applicable law, along the borders and at the points of entry of the United States. (B) The report described in paragraph (A) shall include consideration of the potential for the long-term use of National Guard units of Arizona, Texas, California, Oklaho- ma, New Mexico, Tennessee; South Caroli- na, Florida, Virginia, New York, Georgia, and other states as appropriate, to perform drug interdiction operations, consistent with applicable law, coordinated by the Chief, National Guard Bureau, the Director of Op- eration Alliance Joint Command Group, and the Command. Communications, Control, Declassified in Part - Sanitized Copy Approved for Release 2013/01/02 : CIA-RDP89T00234R000200240016-3 Declassified in Part - Sanitized Copy Approved for Release 2013/01/02 : CIA-RDP89T00234R000200240016-3 May 13, 1988 CerlIGRESSIONAL RECORD ? SENAlLIfi and Intelligence Centers at March Air Force Base. California and Richmond Heights, Florida. Ruts or ConsTaucnoa.?Nothing in this section or in the amenchnents made by this section shall be construed to limit the authority of the executive branch in the use of Department of Defense personnel or equipment for law enforcement purposes otherwise authorized by law. (.0 Reimer By THE Pazsmswr.?Not later than September 1, 1988, the President shall submit a report to Congress containing leg- islative proposals, including budgetary re- quests, to enhance the capability of the De- partment of Defense to perform the func- tions described in this section. Mr. WILSON. Mr. President, I rise to urge adoption of the amendment which I offer on behalf of myself and SeMIMS NUNN, WARNER, DECoNcuu, D'AmATo, GRAHAM, THURMOND, CHILES, DOLE, SASSER, BOSC.HWITZ, DIXON, BENTSEN, TRIBLE, DURENBERGER, and GRAMM. Mr. President, let me begin by giving credit where It is due to those who have participated in a strenuous and extensive negotiation not only with each other but with officials of the Department of Defense and the De- partment of Justice. We are offering today legislation that gives the prom- ise not of ending the tragedy of -drugs In America but one that can make a very significant improvement in our ability to combat that problem. I fully expect that later in this ses- sion as part of a comprehensive effort by the Congress we will submit legisla- tion dealing with the necessity of cur- tailing demand. But let me just say, Mr. President, that it is simplistic and misses a signif- icant point to simply announce that were there not the demand, not the market for drugs in America, there would be no problem. There is necessarily a very definite and a tragic relationship between the flood of drugs that is available in this Nation and the increasing addiction, because that flood of drugs not only feeds an appetite, but it is used to create a market. Unhappily, tragically, the market for these drugs are the most vulnerable in our society?the youngest, the poorest, the most sus- ceptible. And they are found not just in the inner city or in the suburbs, but also in rural areas. They are found in virtually every economic stratum of our society. The one distinguishing characteristic they have is that they are young. I will tell you that I am not terri- bly?I am saddened?but not terribly eager to spend time on someone who is 40 years old who has decided that he is going to do something dangerous with his health. I am concerned about chil- dren-9, 10, 11 year old children. What we are saying, Mr. President, is that local law enforcement in this Nation is overwhelmed. There is a reason that street cops and policy chiefs and sheriffs are the ones urging that we do something to curtail demand by education, by prevention, by treatment and rehabilitation. It is because they are in the business of Interdicting the supply, trying to stop it from ever reaching the market?the market that exists on school grounds and play grounds. Mr. President, in order to make their job far less dangerous, far less chal- lenging, and far less expensive to the taxpayer, we are bound and deter- mined to do what we can to interdict the supply of drugs beyond the bor- ders of the United States. Why? For the very simple reason that for every dollar that we expend on interdiction of supply beyond the borders of the United States, we have better than doubled the return for that same dollar invested in local law enforce- ment efforts which, Mr. President, is no pejorative commentary on the local law enforcement. To the contrary, it Is, rather, a commentary on the over- whelming odds that ate faced by police departments and sheriff depart- ments all across this land once they are compelled to deal with this trage- dy at retail. What we are attempting to do here is to deploy the assets of the military, very considerable assets, in particular having to do with a capability for sur- veillance, for detection, for tracking of maritime vessels and aircraft by which the great majority of drug smuggling into the United States is accom- plished. And it is for that reason that this amendment Is before us. The amendment contains findings by the Congress, specifically that the transport of drugs and contraband is, In fact, a menace to national security. It is a serious threat, Mr. President. The chairman of the Armed Services Committee and the cosponsor of this amendment spends a great deal of time, as do I and some of the others on this floor, worrying about other risks to national security. But to use the el- oquent phrase that he employed the other day, we are dealing with nothing less than chemical warfare against the youth of this Nation, against the future leadership of America. So it is appropriate that Congress find that the drug traffic constitutes a threat to national security and that a mission of the Armed Forces of the United States shall be to assist Federal law enforcement agencies responsible for the Interdiction of those drugs en- tering the United States by aircraft or vessel. This will provide guidelines to the military departments. It will require that the President submit to the Con- gress a plan that will -best integrate and employ the military and civilian assets at our command. It expresses the sense of the Senate that the De- partment of Defense has unique capa- bilities, experience and equipment to participate in the kind of detection that is necessary if we are to stop drugs before they gain entrance to our Nation, stop them beyond our borders. It looks to the expertise which the military holds by virtue of their expe- rience and equipment in con-ha-tan_ S 5753 control and communications. It pro- vides for airborne radar coverage, par- ticularly of the southwestern border, until such time as aerostats can be em- ployed and put in place there because of the special vulnerability of that very porous, very mountainous stretch of terrain_ ? It requires that the military loan adequate rotor and fixed wing aircraft to engage in the pursuit and surveil- lance of suspected aerial smugglers. It permits the use of military pesonnel who have been cross-sworn by the Coast Guard to have the same law en- forcement abilities beyond the borders of the United States?not within, but beyond?as may be necessary in order to assist the Coast Guard and other law enforcement activities primarily employed in the interdiction of drugs from achieving their mission. Mr. President, there was great debate as to whether or not we should Involve the military. We have had that debate before. Indeed, there are some converts to the cause. At one time some time ago, I thought it inappro- priate that the military be involved, that we should, rather simply, give greater assets to the civilian law en- forcement agencies charged with that primary responsibility. Mr. President, what has happened in the interval is that the drug traffic into the United States has reached floodtide. The problem has reached crisis proportions and it is necessary for us to deal with it in a timely fash- ion. We cannot ignore it. We cannot Ignore the availability of the assets at our command. So let me simply give to the chair- man of the Armed Services Committee my sincere thanks for his cooperation, and to Senator DEConcirn, Senator D'AMATO, and Senator GRAHAM, who were central to these negotiations, who worked long and hard hours to- convince the Department of Defense. The PRESIDING OFFICER. The, time of the Senator has expired. Mr. WILSON. I ask unanimous con- sent that my time be extended by 2 minutes. Mr. DOLE. I cannot do that. We have nine Senators, trying to divide 22 minutes between them. Mr. WILSON. Very well. I will be compelled to shorten my thanks to the distinguished Senators who participat- ed in this. I simply ask that their hard work be rewarded, as it should be, and more importantly, America's youth be protected by an "aye" vote. The PRESIDING OFFICER. Who yields time? Mr. DOLE. How much time remains? The PRESIDING OtoleICER. There are 21 minutes remaining. Mr. DOLE. The Senator from Cali- fornia took 9 minutes. We are going to have a real problem here. I yield 5 minutes to the Senator fi cm New York, hoping he will not use it ell. Declassified in Part - Sanitized Copy Approved for Release 2013/01/02 : CIA-RDP89T00234R000200240016-3 ? Declassified in Part - Sanitized Copy Approved for Release 2013/01/02 : CIA-RDP89T00234R000200240016-3 SUBJECT: Increased DoD Role in Drug Interdiction OCA/LEGi (24 May 1988) Distribution: Original - Addressees 1 - D/OCA (w/atts) 1 - DDL/OCA w/o atts) 1 - C/EPS DO (w/atts) 1 - (w/o atts) 1 - (w/o atts) 1 - OCA_Registry_(ds atts) OCA/Lg,g/Subject File: - Signer (w/o atts) 1 - OCA Read (w/o atts) Declassified in Part - Sanitized Copy Approved for Release 2013/01/02 : CIA-RDP89T00234R000200240016-3 STAT STAT STAT Declassified in Part - Sanitized Copy Approved for Release 2013/01/02 : CIA-RDP89T00234R000200240016-3 '112992. NGRESSIONAL RECORD ? HOUSE May 5, 1988 (i) RADAR covnucta?As soon as practica- ble after the date of the enactment of this for Navy other procurement is hereby in- Act, the President shall deploy radar air- creased by $45,000.000 for Draeurement of two aerostat radar surveillance sYttems. Mn page 3. strike lines 21-24. , CO the -Committee of the Whole now is whether or not this amendment to the amendment is germane, The Chair is prePared to sule.. ? Does the gent-l= from Odifornia 1:Mr. &Malin desire to- be heard on the point of order? - - -vseiuisistrraity nnaiiinr ? Mr. BADRANL No, Mr.' Chairnian, have a parlianientary inquiry. ? - The CHAIRMAN-pro tempore. The gentleman will state it. ' -Mr. -RADHAM:--Mr. -,-Ch-airmatt,, my parliamentarY,Mquiry is`that allusiOn Was Made to the ? fact ,that ? wit had - a ,deadlbxe for .subtnitting ainenchnetiti. Is it not true that there was?no 'dead- line for submitting ainendinents? The CHAIRMAN pro teMPore. That would be -a question' the gentleman -would have to 'ask the -Rules Commit-, tee. ? Mr. .RADHAM. ?I tried, -Mr. Chair- man, Lord know I tried. The CHAIRMAN 'pro tempore Clear of Illinois). The Chair is not Pre- pared to rule on that question. The Chair is- prepared to rule on the point of order. ? i ? The Chair has examined both the amendment to the amendment and the amendment Itself, and as the gen- tleman from Wisconsin [Mr. Awns) very clearly points, out, the amend- ment to .the amendment .now. pending on which .a -noirit.-al order has been raised is very clearly beyrind 'the scoPe of the original amendnumt:Therefore. -the Chair sustains the liointef order. For what purpose 'does the 'gentle- man ,frora Alabama. (Mr.' DICKINSON]. rise? , ? ? " AISENDXSNT OFFERED ST IER. DICSINSDN TO THE ? duntstatarr maim IT ate. ASPIN Mr. -DICKINSON. Mr. Chairman, I offer an 'amendnient to the -amend- ment. ' ? 'The CHAIRMAN pro -tempore. The Clerk will report the amendment. ASPIN. Mr. Chairman, I reserve a point of order-against the amend- ment until we haven chance to see it The CHAIRMAN-pro tempore. The gentleman from Wisconsin reserves a point of order on the,amendment. The Clerk read as follows: '- Amendment' offered byMr. DimEntsox to the amendment offered by Mr. Assnr: the end of the amendment,,add the follow- ing new sectinn: ? ' SEC. 1662. usa ov mum roams FOR 1177ERDIC- . TION OF NA2carics AT 11N/TED STATES BORDERS. ? (a) Osamu. Itzeurazassr.? (1) Aurnoarry To LOCATE, PURSUE, AND snot AIRCRAFT AND vasszt.s.?Within 30 days after the date of the enactment of this Act, ? the President shall deploy equipment and Personnel of the Armed Forces sufficient to halt the unlawful penetration of United States borders by aircraft and vessels carry- ing narcotics. Such equipment and person- nel shall be used to locate, pursue, and seize such vessels and aircraft and to arrest their crews. Military personnel may not make ar- rests of crew members of any such aircraft or vessels SI ter the crew members have de- parted the aircraft or vessels, unless the military personnel are in hot pursuit, (4) The amount 'provided in section 102(4) craft in sufficient numbers so that during the hours of darkness there is continuous serial radar coverage of theamithern border of the United States. ? (3) Poasorr a15casire.7-The Presjdent also shall deploy sufficient -lumbers of rotor :wing and fixed wing aircraft to, prime and seise intruding aircraft detected by the .radar aircraft referred to In paragraph (2). The: President shall '12SB personnel 'and equipment of the United States Customs ;Service and the Coast Guard to assist in car- rying Out this paragraph. . (4) Um or.srarionsintuuta AND In carrying carrying =tills Act, the President shall -me members of the National Guard and the 'Reserves.?The tours of such members *ball correspond to their4training commitments and shall be considered to .be within their .mission. The President shall withhold -.Fed- eral funding from any "National Guard unit whose State commander does not cooperate with the drug Interdiction programrequired by tfilt Act. ..? . ? - (5) Itxrxwma?The expenses of tarrying Out this Act shall be borne by the Depart-. ment of Defense. ' - - - ? - (b) 46-DAT Dirsourra?The Secretary of Defense shall substantially halt the =law- ful penetration of United /States borders by aircraft and ? vessels!. carrying narcotics within 45 days after the date of .the enact- znent of this Act. . _ , (C) REPORT.7-AS 110011 AS practicable after the date 'of the enactment of this Act, the President 'shall report to Congress the fol- - (t)'ine effect on military readiness of the drug hatertlictkarprogram required by this Act -and thecosts In the &maga procure- ment, operation and maintenance.!and per- sonnel which'are necesiary to restore readi- ness to the level existing before commence- ment of such program. (2) The number of aircraft, vi4siels, and persons interdicted during the oneration of the *drug interdiction - program and the number of arrest and convieticart resulting front such program. ? " (3) Recommendations for any chang'M in existing law-that may be necessary to mere efficiently, carry out this program. (d) RICQUZST Pormrso?Within 90 -days after the date of the enactment of this 'Act. -the President shall submit to Congress a re- . - guest for? r(1) the .amount of funds spent as a result of :the drug interdiction program required by this Act: and - ? ' ? ? (2) the amount of funds needed to contin- ue operation of the program through fiscal Yes= 1988 and 1989. Stich. request shall include amounts neces- sary to restore the readiness of the Armed Forces to the level existing before com- mencement of the program. (e) Bower Roaussrs.?The 'President shall submit in his budget for fiscal year 1990 for the Department of Defense a re- ouest for funds for the ? drug Interdiction program required by this Act In the form of a separate budget function. (1) This section shall expire on September 30, 1989. On page 1, line 6, strike "$90,000,000" and' insert -"$125,000,000", and strike "two" and insert "three". On page 1, line 12, strike "$42,000.000" and insert "$70,000,000", and strike "six" and insert "ten". On page 1, line 15, strike $8,000,000 and Insert $25.000,000. On page 1. after line 16, insert the follow- ing: ? 1110 - Mr. DICKINSON' (during the read- ing), Mr. Chairman.'1 -ask nnanimOus 'consent that the dment to the amendment be-considered its read and - printed In e Racoan. The CHAIRMAN pro3empore (Mr. .011AT of MInois). Is there objection to ?the request?ef the gentleman from -AlabamarY- "` 1 ? . . ? ECKART: Idit."4 Chairman, 1 ObjeCt. - The 'CHAIRMAN ?pre.teinpore. -Ob- lation itheard: ?. 1 - - The Clerk will read. 'The Clerk Completed readirig the amendment trithe amendment. . - ?The CHAIRMAN insitemPore. the gentleman-from Wisconsin (Mr. lAsritrl insist on his point of order -or reserve his point of order? ? Mr. ASPIN. Mr. Chairman, we are Still looking at it to see whether it is germane. We still want to reserve the point-of order. - - - ? - The CHAIRMAN pro -tempore. The gentleman *from Wisconsin (Mr. ASPritl reserves his point of order. ? The gentleman from Alabama (Mr. -2Ditsattsins1s is recognized for 5 min- utes: - ? -; ? ? 7? Mr. DICKINSON.Chairtnalvin Support of the amenctment'and in op- position to the,point of order that was made 'on the initial amendment-that it was:permanent law and ft exceedecU the I year of the bill, this amendment simply changes the that An: stead of being ,permanent law it con- forms to the objection previously raised. The amendment Covers only:1 , year, the life of this bill. WeijiWife done our ,best to conform it to nietit the ob- jection previously raised. For that reason we think that it is in Of-der on the points of objection raised before -and we would urge the accept- ance of the amendment. Mr. Chairman, I reserve the balance ofmy time.. The CHAIRMAN pro teinpoie. Does any Member desire to rise in opposi- tion to the pending amendment to the amendment? ? ? ? Does the gentleman' from Wisconsin [Mr. Awns) rise in opposition- to 'the amendMent? . ? - Mr. ASPIN, Mr. Chairman, I Move to s'trike the last word. Mr. Chairman, I yield to the gentle- man from Ohio (Mr. ECKERT]. Mr. ECKART. I thank the gentle- man for yielding. Mr. Chairman, on the gentleman's reservation ,of the point of order, I would like to draw to the attention of the Chair two matters. One is the lan- guage ? relative to posse comitatus. That is a matter which is not within the exclusive jurisdiction of the Com- mittee on Armed Services. It belongs _ - Declassified in Part - Sanitized Copy Approved for Release 2013/01/02 : CIA-RDP89T00234R000200240016-3 Declassified in Part - Sanitized Copy Approved for Release 2013/01/02 : CIA-RDP89T00234R000200240016-3 itir46474W.8714Tg. ? INGREssi- ? - ? "gr 1,4 I ? -7 T., .1:0184110'.4i:ttefereiceiboilbe,Cctin- -a very,,vertimpo ..'rtinatilittie and iacatif::4: thotrilbt;;; ? therefone:f thing that Ithouldlititheklialt WietihY Might rdiihtion'thattheother amen6. 17,3,-.4117 notwitliiic',the couzze oidadoPe,s,of trying to fa-rde an amendment We rare anent triggered this antendment.--c,"f;?7 ..?$-.=.411040Titligrakrili iitainteadbient. , going to have to st2Ike ecraiOtb If the "tint of aidei;da sustain-id:1i " parts 2ifti it, .1 Wtiiild intent to Offek the &Mir- tion taid dhanges a number ielitairitttO ,lnakeitgOtirrierie We .are goingtnoirW-pnly:iiiinetaithent *Which the.:chadr- PYgmr-MentslOrAerAcesandriatOlel '",up With stanething that Is nOt obis to 'veninjuat'itiluded. 4 -.12 z ? " ' ? ' lOfothe-Delilutnlelit?-OT.14'exe*k.k theldb:iind we *Anita hive th_ 7:43=The-trelitaltmArl'*0 leinPOie! The thareas an" .ktdit of the kentlemanifitanNikonsin - ? *ladditiorialt.iedlon.1117..the :ainetidnaint -aft. ' DiCiUNSONZi'Ate expl*ii,Doei the gen- j whlh dais with The dradretloDs4sliDi,.--* will the .gentleifian, yield to ine? tlemitri-.:1!rolfn ;Dtmas- , i.flhority :that * 'commander Inal0finre. mr, Aspw. !yield/CI:he "gezitaaiin.,% Statl.inOte to strike the lest ward?,;- ? ' ..vnieir-1 " 4.?&n2 Atabeint -2 Chairman, I ? " rAfte rrecurom.laupro.:.reverumgliaatair4"?! ,,t-iptc.,:-DiciaNsoN,:ir thing the -ten: -EnOve to atilke the teirditimate ward. ' *irsiek't6711he0etleral;ilatketti-=--. 74-44 ? zhijitnan. we 22gire made Copies It:Cleaziy 'that Is lf.nlatterAliat?la ? ? '-of? "Ahe ,laririended :iaddback package - ? -_1131734a0Prse e the gentleman is saying. it Was not , available to theldhairman of the nOro?: IgetitieTikuilA?vasDPDPIai.',1,1unsuT4 -intent or desire lizi?Prollong disedisenin ? iiiittee. and be indicated Initially" that **L:' on the bill. LetsseinmtaaY in response he had ziO objection itat. I hope that to the-points that the _gentleman would be the case, -61 ,the everrt?the ????7 '1'?-?1 W"i" raised, however, thatkreosallize Mere -point istsf tinier -anstained to the AheY 'seet'"11 Iherfevelthel 'the **-#12e--' will be a _separate drug hill on Which amendment now -Pending, so that we tn3111 Altd3azeir4:effal.7el'eel: there will he an onsiortunity tb could get ..on with the 'balance of the IlaraY Dermditheeeoureettria'sectve with an of these matters. Thisamerid- the Ainendraerd originally effered by getatiatitut Afrom misotoristfoind ? meat would not have come up- if tlie UM.- 'M. Mr. Chairman, -would the gentlemanyield? - ?thattbe poirdocifirliderlhat'flie gett diairman had not "Teed with 'The thanatetwill.ainertJahanig.-tin Iatt Ale gentleman fronrOzegon AuComl Mr.-. DICKINSON_A, !yield to ?ehe chairman,of - the coairolttee, the ,gen- uphadtryltheichab....?. tiske certain amonnt of the SDI -?fact, Aspix,,,agr..chuirtnittA:let ?,,na?t - money and Plug Winks the addsliadk ? uemanliteD wise0DAD UAL Aselni. just wint mut that the premem :that packagelor tinig interdon. ?Agtrai. . I thank the gentleman we are -having with the germaneness If that had not been tin order, this. for Yielding. ? here is the =act problem ;that ive amendment would not have come sp. Mr. Chairman, let me propose intim interest of not 'spending the entire day incve :with.ltrying to -deal ,with tbla ? So for That reason the gentlemazi on this issue, let me propose that the Issue on thistili.fiVe conidposag207 tat from Illinois and .the gentleman from the end of the .dgy hew ,entimp.agth California though well, if that is problem Is that the language of This amenchnelit - in several places ;goes ?anamendment that is_gemratre to this going-to bend e invrderwe think our bill. :We -will. raise 70_ other -points:4f aDiendment !should be ,me order:" -12e2Snd the scope 61 the bill " 9rder.4.11.4tentlen3anwilloorrectluzage .Eam awry catne?Cpotoo. 1"c141"slcetla'`re ? VMuld Propose& this point that Nvill Inialt. atid.*es,a twain; sold,so rather It had been dealt with in theca-- drop inypaint of -order Tan the amend- forth. dinat:ynourse of business. Butrsincelt ment, we rWill accept the ? amendment 4Bventartilly "we anaillind up with an was not since -the other drug interfilo? - amemment which is?7t.eititine to this den money. -was 4njected. tile g,m13,, and do the bestwe nan;With it in 'con- ference and we will deal With thelssue biliQatithla time:stint itlatiota?Connire. man from Illinois and the-gentleman .,,,,,,_, _. ...,,?,? henSive entitach to'tbe dritg.prtiblem from ACalifurnia and the - gentleman "Ll'" "` '''''"'' "'"* ' a'amild think' betlaer deal with it?to the"rug bill coining yap and itls Erring Ict Imo& OM-antra Of from Arkansas felt ft was ,ttnely -fair ,.,._ ? --.,. the PrOVISIODS :4bat':.:41e:igentUttnain that their amendmentbe considered. -,,,,,,`"""' ro..0,,..,-0. ce....m....?_,.... ,..._ ,....,1,.... from Calidonria?latr. animal had in 'Mr. ASPIN. Bet :me reclaim-my timp "" ? L''''''''''''`'"'-'''"' '"`` ''.-/ ' ''''' The from I appreciate it. L.I. think that - his amendment: We are int :going to ? anti-let me zespond to 'the gentlenian is a fair 'deal and we-Should do it. be able . to ;deal ,...i with. - the -: Pinter from Alabama that what we -were deal-' aniel2dronnt 'An ???._ s:Zill, ;the JEEDDier- lea w?th in this bills:ad toilet we derdt Mr' 118751* Mr" "Charthnah' I with- Rolrinsort .amenament in this hillhe- with in the add back amendments was" ,r).,,, draw thepoint of order. - cause in -order--ta .-..ket? the thing ?ger-: -money elitteated.dor ?certain' kinds -of "-i,?.4.-ncrimilm,,,,RMANi7mA,..?temPGre- The thane to this Z111-1Ve ase going have- pieces of equipment...:And In our add- r-,'-' - ? - -- The question is on the amendinent to alter it In wich-a way that we are back package We had 250 million dol. gOing to end up:not doing whatIoe hirs-svorthacecponrnpntt,hat could be offered by the gentleman from Ala- bama (Mr. Dimansorti to the amend- gentleman :from California or the igen- used for drug intyrdiction. The gentle- ,,,,,,,i. ,,,m,?,...,4 h, the iy?,tumuu., fm,n, tleman froncirkiiisaawould?want to ? man from Alabama; when we canteen ? offered by ------- do. ? - - - Wisco Mir Aseml - - ?_.,- ,- - ? ? .-. ?. ? ;?? the floor. it& morning, hail an amend- . zulis - ? As pm]. " We are 'Is= having a look , at the meetthat would add another 025 roil- ' 'The ,nuestion Was taken; ,'Tind the ? problem and see ?whether in ?fact we 'Ilan. ? Chairman pro temPore ? announced that 4he A s can make It an emendinent that isger- .The ? gentleman groni Aushams.c M Preared to have it. mane. But 4t _semis ? to sue we are amendment was ? 'certainly ? consident ' ,escoatrzavtim trying to torce:ocanething Gin :tone ? -and within the purview if this corn- Mr. SHAW- Mr. Chairman- I demand which slim:13121ot be forced because we mittee; it was ? consistent with the a recorded vete. ? are going to end up doing something amendment, .it was clearly a germane A recorded vote was ordered. that does not make any sense and we amendment and we clearly would have The little was taken by electronic are .not going bribe able todeal with it had in chance to have the gentleman device, and there were-ayes 385, noes inn comprehensiv.e waY. * _ ? from Alabaniaa amendment. 23, notivoting 23; as follows: _ The gentleman hoin Alabama :knows What the gentleman from California (Roll iNo. 1053 that his colleague from Alabama, the has ts an amendment that goes beyond . AYES-3B5 chairman of the investigating subman- the issue of funding ships and planes Anney /Barnard mittee, and the people on the invest- and goes into the issue of other parts Ackerman Archer gating subcommittee, - the chairman of the drug-fighting problem, of who Akaka Alexander Aspin Barton Bartlett and I are all committed to a thorough is to make arrests, what the policy is Anderson Atkins Bateman examination of this issue of the use of going to be and that is what makes Andrews AuCoin the military .in the drug interdiction this-germaneness problem. Annunzio Badham Anthony Baker Be!:nett lie: ? Ivy problem. It is a complicated issue and Mr. DICKINSON. I understand. Applegate Ballenger lit r( Declassified in Part - Sanitized Copy Approved for Release 2013/01/02 : CIA-RDP89T00234R000200240016-3 " Declassified 11 :GUM in Part - Sanitized Copy Approved for Release 2013/01/02 : CIA-RDP89T00234R000200240016-3 CONLiSSIONAL RECORD --HOUSE C--) May 5, 1988 Berman Bevil( Bill:akis BlileY Bothlert Boggs Boland Bonker Borski Bosco Boucher Boxer Brennan Brooks Broomfield Brown (CA) Brown (CO) Bruce Bryant' ' Buechner Bunning Burton Bustamante Byron ? Callahan Campbell Cardin Carper Carr Chandler Chapman enaPPell' Cheney Clarke Clay? Clement Clinger Coats Coble Coelho Coleman (MO) Coleman (TX) ? Collins ? Combest Conte / Cooper Coughlin Courter Coyne Craig Crane ? ' Dammeyer:: Auden Davis (fl) ? Davis (Mb ; ? de Is Garga DePasto . Delay Derrick ' DeWine Dickinson Dicks DioGuardi ? Dixon Donnelly _? Dorgan (ND) Dorn= (CA) Dowdy : DoWneY Dreler?- Dint= DWyet ? Dyson Early Eckert Edwards (01K) Emerson English Erdreich - E3137 Evans ? Pascen . Faxen Patio' Fetch= Fields Fish. . Flippo Ford (MD Ford (TN) Frenzel GalleglY Gallo Gaydos Oeldensot Gukas Gephardt Gibbons GILman Gingrich Glickman Gonzalez Goodllng Gordon Gradlson Grandy Grant Gray (IL) Gray (PA) Green Gregg Guerin! Gunderson Hall (OH) Hail (TX) Hamilton Hammerachmidt Hansen Harris Haktert - Hatcher Hayes (IL) Harts (LA) Heiler Hefner Henry Berger Hertel Mier Hochbrueckner Holloway Hopkins Horton Houghton. Royer Hitbbard ,HUckaby Hughes ' ! Hunter . - Hutto Hyde ? Inhofe Ireland Jacobs Affords . (hulking jokunion (CT) ? Johnson max Jones (NC)- ? Jones (TN) Ants ? Kanjorski Hatitur ? Kssich Kastenmeier Kemp Kennedy ? Kennelly Kiklee - Kleczka Kolbe Holt Kannyu ? - Kostmayer . KYI Lagtemarislzm Lancaster Lantos Latta Leach CIA) Leath (TX) Lehman (CA) Leland Lent' Levin (MI) . Levine (CA) ? Leiria (CA). Lewis (1%) Martin (KY) Martinez Matsui NI a mu les Marzoli McCandless McCloskey McCollum McCrery McCurdy McDade McEwen McGrath McHugh McMillan (No) McMillen (MD) Meyers Mt urns Michel Miner (OH) Miller (WA) Moakley ? Molinari Mollohan MontgomerY Moody Moorhead Morella Morrison (WA) litrazek Murphy ' Murtha Nagle Natr.her Neal Nelson ? Nichols- Nielson ? Nowak Oskar Obey Olin Ortiz; Oxley Packard Panetta Parris Pocharart Patterson Peloti Peruty PePlier Perkins Petri ? Pickett Pickle Porter Price . Purnell Quillen Rahall nattie Ravenet Resula - Rhode. ? Richardson Ridge Rinaldo Ritter Roberts Robinson Roan* Roe Rogers - Ross. Rostenkovidd Roth Hookers& Rowland (CT) Rowland it3A) Russo . - Sabi Lewis (GA) - Buten ? Lightfoot , &hatter Lipinaki Schmitt Livingston Schneider 1.4oyd *-, Sehgeeties Lott Sebuettg Lowery (CA) / &hulas Seitunsar Luken:Thomas Senesultrennes Lukens. Doosild Sharp Luncen .. Shaw Meats, ? Shan Madigan ? iiihniasnui Manton. ?Shags, Martinet -fitkersti Iltsstin (It). Itialiao Skaggs Skeen Skeen Skelton Slattery Slaughter (NY) Slaughter (VA) Smith (FL) Smith (IA) Smith (NE) Smith (NJ) ,., Smith (TX) Smith. Denny (OR) Smith, Robert (NH) Smith, Robert (OR) Snowe Solam Solomon Spence Spmtt St Germain Staggers Stallings Stangeiand Stenholm Stratton Stump Sundquist Swindall Synar Tallon Tauke Tauzin Taylor Thomas (CA) Thomas (GA) Torres Torricelli Volluner Visclosky Mr. ASPIN. Mr. Chairman, I yield 6 Vucanovich minutes to the gentleman from Wash- Walsren ington [Mr. Dicks]. Watkins Walker (Mr. DICKS asked and was given Waxman permission to revise and extend his re- Weber marks.) Wheat Mr.-DICKS. Mr. Chairman, for the Whittaker Whitten last decade there has been no more di- visive issue before this House than Wise ICBM modernization. Believe me, I Wolf know. Wortley Once again, we are debating how Wolpe . Wyden and whether We should proceed to Towns Wylie Traficant Yatron make our missiles mobile, in order to Traxler yo (Aii) , reduce their vulnerability. I am con- Upton? young al.,) - vinced there is real value inthia -effort, Valentine . Vander Jairt - especially with the- prospect of ? a 50- .. . percent rednetion" in stratekic forces. ? . NOE8-23 - . If we are not careful, we could wind up with a situation where the tempta- tion to strike first in. a crisis is in- creased, rather. than yeduced after a single-Twiflagreare'bhoeana sys- tems while foregoing highly survivable temalesnidmtes.o-Thi,:fosemwilultoidlesreco.ta:nef highly: beard sys- course the worst of all _worlds would be If the Soviets were smart enough to deploy only small mobile and- we were not. _ V. - - . That' is -why. -I continue to be a strong proponent- of the small ICBM. Jeffery Record; a ?16iag-time, and con- servative; military analyst' noted in a- recent article r in" the - Loa '.-Angeles Timm- - ' - L.:., , ? - , . Betlenson. Lowry (WA) Savage Bonior ? Markey Stark Conyers Mineta ? Studds - Dellums Morrison (CT) Swift Dymally Oberstar. Vento Edwards (CA) Pease - Weiss Frank . Roybal Williams Lehman (FL) Sabo . NOT VOTING-23 ? Foley; Givens inn Hawkins ? Rail Lantice Stokes . - Mack Sweeney ' Udall Miller (CA) - Weldon , Myers , Yates _ Owens (NY) ' " ? . 4 ' ? 0 1144. Messrs.- FRANK. svirpt, DWG-. ALLY, ? SAVAGE0 and VENT10'; changed their votes. frni 'aye" Biaggi Bilbray Bonner Crockett, Daub Dingell-. Duncan. Flake ???-? ??? . ? ???? Messrs:- - ATOLKM:ER,-* LACIOM.AW SING... MURPHY, -TOWNS... rid PETRI changed 'their votes f't;tm' "no" to "aye,;" . , ' . So the amendritent to the- amend- ment agreedta; _ The result ? of -the vote was an- nounced tis above recorded. - The CHAIRMAN:pro tempore. (Mr.? GRAY 01'11113101S): Does the gentleman from Wisconsin EMr.,'ASPIN1 detire to debate his amendment? :. ?? '?-? - Mr. ASPIN. No; Mr. Chairman.- I. yield back the balance of my tine. The CHAIRMAN pro tempore. Does-. the-, gentleman from Alabama Mr. Drciansowl desire to debate the amendment, as amended? ? .4.. Mr. DICKINSON:: NO; Mk. Chair-. man. I yield back the balance df my time. The CHAIRMAN pro tempore.f-The question is on the amendment offered" by the gentleman from Wigeonsin AsPntl, as amended.'- ? r ? The--amendment, ea- amended, .was agreed to.. ? --`.? : ? -The CHAR:16'4JAN. Pro tem-Ofe. It-18' . now 'iri order. to -debatje:th& subject matter of ballistic missiles:- .- .Pursuant to the House Resolution 4343? the gentleman front 'Wisconsin? (Mr; Astrizil Will _beyecognized for 45: minutes and the gentleman from ? barna- Mr. Dram/sox) will fbe ? redly.- : *zed for &minute& The Chair recognizes the gentleman front Wi....mbs. Mr. Amyl. ? Given the Prostiectslor 60-percent cut in' strategic nuclear weave-tit the rationale for Midgetinanti greater today than when first recommended by the..? Bcowcroft Commis- sion. DeplOthent of, say,-250 to 600 single; warhead Midgetman would also distribute remaining Iand-based ICI3M warheads over a much rarger number Of launcher. This in- flation of "aim points" would make it virtu; ally hinxissible for the Soviets to ."clean out".-the entire'. U.S. land-based ..ICBM force in a single stroke. ;? - The single warhead siltall ICBM re- stores survivability. to' the land-based leg because it is highly -mobile and with Only One warhead it is not an in- viting target- MX rail-mobile is slow, vulnerable and With'. 10 waiVids a higlaly-Inorative target. ' _ - ? General" Senwcroft * reaffirmed hit ? ComMission's positionTin? a -December 9, 1987, letter to Chairman Ntrzot when he Ailed, ? We *mid Stress, once again, that it Is vital for the:Nation'iseanity that "we have un- derway a program for long term ICBM- surf. VivabilitY. to hedge aglinst-long4enn vtither- sbilitY of onr?fOrisi While there are Minis': passible appreaches to the 1111-fillinent of - this cons' 'idling -need; the lanai, mobile ICBM is currently-Abe most promising. In that respect, thesall garrison basing for:the - ary, 'While possessing attractive features,-is not *Substitute, for the =Pill mobile TOM, In as inneli as It reoxiires'elselbaint Warning y " me tOachieve dumb/sanity. . 4 This last pOint le the crux of ,the debate: Rail' garriSon gets- you also, - lady nothing" Prcitettion against the so.callid. bolelaliVthe Vile 4 attack. In fact by behiCvOinetable to such in initlirOViding some Declassified in Part - Sanitized Copy Approved for Release 2013/01/02 : CIA-RDP89T00234R000200240016-3