S. 1783 -- NATIONAL NARCOTICS ACT OF 1984

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90B01370R001101510060-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 21, 2016
• Document Release Date: February 4, 2009
• Sequence Number: 60
• Publication Date: February 15, 1984
• Content Type: MEMO

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15 February 1984
OLL 84-0661
C/PCS
C/ILD OGC
NIO/East Asia/Narcotics
Legislation Division
Office of Legislative Liaison
SUBJECT: S. 1783 -- National Narcotics Act of 1984
1. Attached for your review and comment is S. 1787, the
National Narcotics Act of 1984. Senator Biden's original bill
was amended on the floor to substitute a Department of Justice
(DOJ) compromise bill. S. 1787 passed the Senate in this
amended format on 7 February 1984, and was subsequently
transmitted to the House where it is pending before the House
Judiciary Committee, Subcommittee on Crime.
2. S. 1787 would establish in the Executive Branch, a
cabinet level board known as the "National Drug Enforcement
Policy Board." The Director of Central Intelligence would be a
member of this Board, and the Attorney General would serve as
Chairman.
3. In carrying out its responsibility to coordinate U.S.
operation and policy on illegal drug law enforcement, the Board
would be authorized to:
(1) review, evaluate and develop United States
Government policy, strategy and resources with respect
to illegal drug law enforcement efforts, including
budgetary priorities and a National and International
Drug Law Enforcement Strategy;
(2) facilitate coordination of all United States
Government efforts to halt national and international
trafficking in illegal drugs; and
(3) coordinate the collection and evaluation of
information necessary to implement United States
policy with respect to illegal drug law enforcement.
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The Chairman's principal roles include advising, supporting and
making recommendations to the Board. Further, the Chairman, on
behalf of the Board, is authorized to:
(1) direct, with the concurrence of the head of the
agency employing such personnel, the assignment of
government personnel within the United States
Government in order to implement united States policy
with respect to illegal drug law enforcement;
(2) provide guidance in the implementation and
maintenance of policy, strategy and resources
developed by the Board;
(3) review and approve the reprogramming of funds
relating to budgetary priorities developed by the
Board.
4. In general, the presence of the DCI on the Board, and
the more limited nature of the Board's and Chairman's authority
make the DOJ compromise a preferable alternative to the
original Biden "Drug Czar" bill. This preference is enhanced
by language in section 6 specifically stating that
"notwithstanding the authority granted [to the Board], the
Board shall not interfere with routine law enforcement or
intelligence decisions of any agency."
5. I would appreciate your views and comments on the
potential impact of this bill on Agency activities.
cc: D/OLL
DD/OLL
C/LEG/OLL
DISTRIBUTION:
Original - Addressees
V1 - OLL Chrono
1 - LEG File: Narcotics
1 - igne.r
(14 February 19.84).
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91066 CONGRESSIONAL RECORD - SENATE Februan? 7, 1,984
Mr. BAKER. We yield back that
time.
The PRESIDING OFFICER. All
time has been yielded back. The ques-
tion is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed
for a third reading and was read the
third time.
The PRESIDING OFFICER. The
bill having been read the third time,
the question Is, Shall the bill pass?
On this question, the yeas and nays
have been ordered, and the clerk will
call the roll.
The bill clerk called the roll.
Mr. STEVENS. I announce that the
Senator from Colorado (Mr. ARM-
sTRoNc), the Senator from Oregon
(Mr. HATFIELD), the Senator from Flor-
ida (Mrs. HAWKINS), the Senator from
Nevada (Mr. Hrclrr). the Senator from
Nevada (Mr. LABALT), the Senator
from Illinois (Mr. PERCY). and the Sen-
ator from Virginia (Mr. WARNER) are
necessarily absent.
I further announce that, if present
and voting, the Senator from Oregon
(Mr. HATFIELD), the Senator from Flor-
ida (Mrs. HAWKINS), the Senator from
Nevada (Mr. LnxALT), the Senator
from Illinois (Mr. PERcY), and the Sen-
ator from Virginia (Mr. WARNER)
would each vote "yea"
Mr. BYRD. I announce that the
Senator from California (Mr. CaAN-
STON), the Senator from Ohio (Mr.
GLENN). the Senator from - Colorado
(Mr. HART), the Senator from South
Carolina (Mr. Hou ios), and the Sen-
ator from Massachusetts (Mr. TsoN-
GAS) are necessarily absent.
I also announce that the Senator
from Vermont (Mr. LEAHY) is absent
because of illness in family.
The PRESIDING OFFICER (Mr.
BoscawrTz). Are there any other Sen- .
ators in the Chamber who desire to
vote?
The result was announced-yeas 63,
nays 24, as follows:
[R.ollcall Vote No. 12 Leg.1
YEAS-63
Abdnor Exon Murkowski
Andrews Ford Nickles
Baker Garr Nunn
Bentsen Goldwater Pressler
Bingaman Gorton Pryor
Boren Grassley Quayle
Bradley Rai.ch Randolph
Byrd Berlin Roth
Chiles Heinz Rudman
Cochran Helms Sasser
Cohen Huddleston Simpson
D'Amato Humphrey Stafford
Danforth Jepsen Stennis
DeConcini Johnston Stevens
Denton Kasoebaum Symms
Dixon Kasten Thurmond
Dole Lean Tower
Dorwenici Long Tribie
Durenberger Lugar Wallop
East Mattingly Wilson
Evans McClure Zorinsky
NAYS-24
Baurus Inouye Moynihan
Bidcn Kennedy Packwood
Boschw?itz Lautenberg Pell
Bumpers Mathias Proxmire
Burdick Matsunaga Riegle
Chafee Melther Sarbenes
Dodd Metzenbaurn Specter
Eagleton Mitchell weicker
NOT VOTING-13
Armstrong
Hawkins
Percy
Cranston
Hecht
Tsongas
Glenm
Hollings
Warner
Hart
Laxalt
Hatfield
leaky
So the bill (S. 1764) was passed,
lollows
8. 1764
Mr. BAKER. I yield.
On another matter--
Mr. BYRD. Will the majority leader
proceed to lay down the drug czar bill?
I think It has been cleared on this side.
Be it enacted be the Senate and House of
Representatives - cif the United States of
America in Congress assembled, That this
Act may be cited as the "Exclusionary Rule
Limitation Act of 1983".
SEC. 2. (a) Chapter 223 of title 18, United
States Code, Is amended by adding at the
end thereof the following new section:
?93505. Umitation of the fourth amendment ex-
ehraionar7 rule
"Except as specifically provided by stat-
ute, evidence which is obtained as a result of
a search or seizure and which is otherwise
admissible shah not be excluded in a pro-
ceeding in a court of the United States if
the search or seizure was undertaken in a
reasonable, good faith belief that it was in
conformity with the fourth amendment to
the Constitution of the United States. A
showing that evidence was obtained pursu-
ant to and within the scope of a warrant
constitutes prima fade evidence of such a
reasonable rood faith belief, unless the war-
rant was obtained through intentional and
material misrepresentation:".
(b) The table of sections of such chapter is
amended by adding at the end thereof the .
following item:
"3505. Limitation of the fourth amendment
exclusionary rule.".
Mr. BAKER. Mr. President, I move.
to reconsider the vote by which the
bill was domed. - -
Mr. BYRD. I move to lay that
motion on the table.
The motion to lay on the table was
agreed to. _
ORDER OF PROCEDURE
Mr. BAKER. Mr. President, I wish
to make two or three announcements.
Mr. STENNIS. Mr. President, will
the Chair maintain order so that we
can hear?
The PRESIDING OFFICER. The
Senate will be in order.
Mr. BAKER. Mr. President, next, it
is the intention of the leadership on
this side to try to reach the so-called
drug czar bill. There is a budget waiver,
to accompany that bill. The chairman
of the committee has authorized me to
say on his behalf-and the manager of
the bill is here-that he does not
oppose the bill and is agreeable to its
passage by voice vote. Of course, any
Senator can ask for the yeas and nays
if he or she wishes, but it would be my
hope that we can pass that bill with
minimum debate, in the shortest time
possible.
After that, it is the intention of the
leadership on this side to try to reach
the death penalty bill. I hope it is pos-
sible to do that. I do not anticipate
that we will be in late tonight in that
event, but I do hope that we can lay
down the bill and have it pending
before we go out this evening.
Mr. BYRD. Mr. President, will the
majority leader yield?
Mr.. BAKER. Mr.' President, I ask
unanimous consent that the Senate
proceed to the consideration of Calen-
dar No. 645, Senate Resolution--824. a
budget waiver to accompany the drug
czar bill.
Mr. BYRD. I thank the majority
leader.
Mr. BAKER. I thank the minority
leader.
The PRESIDING OFFICER. The
resolution will be stated by title.
The assistant legislative clerk read
as follows:
A resolution (S. Res. 324) waiving Section
402(a) of the Congressional Budget Act of
1974 with respect to the consideration of S.
1787. -
The PRESIDING OFFICER. Is
there objection to the present consid-
eration of the resolution?
There being no objection, the resolu-
tion was -considered and agreed to, as
follows
S. Ras. 324
Resolved, That pursuant to section 402(c)
of the Congressional Budget Act of.1974.
the provisions of section 402(a) of such Act
are wavied with respect to consideration of
S. 1787. Such waiver is necessary because S.
1787, as reported, authorizes the enactment
of new budget authority which would first
become available in fiscal year 1984, and
such bill was not reported on or before Mpy
15, 1983, as required by section 402(a) of the
Congressional Budget Act of 1974 for such
authorizations.
The budget waiver will allow Senate con-
sideration for S. 1787. entitled the "National
Narcotics Act of 1983". The hill establishes
the Office of the Director of National and
International Drug Operations and Policy".
S. 1787 authorizes the appropriation of
$500.000 for fiscal year 1984, and such sums
as may be necessary for each of the four
succeeding fiscal years.
unanimous consent that the Senate
proceed to the consideration of Calen-
dar No. 359, S. 1787, to -establish an
office of the Director of National and
International Drug Operations and
Policy.
The PRESIDING OFFICER. The
bill will be stated by title.
The assistant legislative clerk read
as follows:
A bill (S. 1787) to establish an office of
the Director of National and International
Drug Operations and Policy.
The PRESIDING OFFICER. Is the
objection to the present consideration
of the bill?
There being no objection, the Senate
proceeded to consider the bill. - - t -
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February 7, 1984 CONGRESSIONAL RECORD - SENATE S 10C7
LEBANON will not be, since any Senator can ask and recent studies have shown that over e0
Mr. BAKER. Mr. President, about 45 for it. It does not appear likely. percent of heroin users rely upon criminal
minutes ago I talked to the Vice Presi- Mr. FORD. Mr. President, will the activity as means of ec trafficking Is han-
Senator yield for a question?
of the dent d States the tele- died by syndicates, a situation which results
phone. , and d he he indicated at t that time Mr. BAKER. I yield. in increased violence and criminal activity
that the President was prepared to Mr. FORD. Do we have an estimate because of the competitive struggle for con?
make a speech on national television, of the time for this piece of legisla- trol of the domestic drug market.
from California, about the situation in tion? (9) Controlling the supply of illicit drugs
Lebanon. As most Members know now, Mr. BAKER. Mr. President, I yield 1s a key to reducing the crime epidemic con-
that television address did not occur. I to the distinguished manager of the fronting every region of the country.
cannot tell the Senate why it did not. bill on this side to give us ah estimate (10) The magnitude and scope of the prob.
of how long it will take. lem requires the establishment of a Nation-
technical . Perhaps there were o Mr. SIMPSON. Mr. President, the al Drug Enforcement Policy Board, chaired
In any event, Senators ators s sho uuldon ld be e manager was sitting in his office 20 by the Attorney General, to facilitate co-
aware of the fact that a written state minutes ago when he was advised of ordination of all Federal efforts by relevant
ment by the President on the Lebanon is particular effort. agencies.
situation was released by the White his in this (11) Such a board must have responsibili-
House about 15 minutes ago. I will at- Therefore, afole really cannot add A half much ty for coordinating the operations of Feder-
tempt to have copies of that statement of a o rere, , I rh that question. al agencies involved in attacking this prob-
available for Senators as soon as possi- hour, equally divided. lem through the development of policy and
Mr. FORD. Under those CirCUm- resources, so that a unified and efficient
ble. stances, it appears to be very short. effort can be undertaken.
Mater the following occudeoed,) Mr. BAKER. I hope it will not take (b) It is the purpose of this Act to insure-Mr.
Presi- Mr. BAKER. has just annu ed a even a half hour. Rather than try to (1) the maintenance of a national and in-
Reagan p just an o e clear a unanimous-consent agreement, ternational effort against illegal drugs;
phhaased d and and measured redeployment a t of which might take longer than a half (2) that the activities of the Federal agen-
the marine contingent of the Multina- hour, I will just sit down and hope ties involved are fully coordinated; and
tional Forces in Lebanon from their (3) that a single, competent, and responsi-
location adjacent to the airport to the things go well. ble high-level Board of the United States
ships offshore. I commend the Presi- Mr. SIMPSON. Mr. President, since Government, chaired by the Attorney Gen-
dent for this prudent and timely the bill has been laid before the eral, will be charged with this responsibility
action given the difficulty of the cir- Senate. I submit to the body an of coordinating United States policy with re-
cumstances we find now in Beirut. amendment, 'which has been con- spect to national and international drug law
I continue to hope that President curred in by the managers of the bill, enforcement.
Gemayel can weather this crisis and and ask for Its immediate considera- I SEc. 3. There is established in the execu-
tion. ? ,.tive branch of the Government a Board to
provide Lebanon a government, free of The PRESIDING OFFICER. The be known as the "National Drug Enforce-
foreign interference, which will allow amendment will be stated. ment Policy Board" (hereinafter in this Act
the Lebanese to recapture control of The assistant legislative clerk read referred to as the "Board"). There shall be
their own destiny. at the head of the Board a Chairman who
as follows: _ shall be the Attorney General (hereinafter
The Senator from Wyoming (Mr. SiMP- in this Act referred to as the "Chairman").
NATIONAL NARCOTICS ACT SON). for Mr. THURMOND, proposes an amend- In addition to the Chairman, the Board
The Senate continued with the con- ment numbered 2700. shall be :comprised of the Secretaries of
sideration of S. 1787. Mr. SIMPSON. Mr. President, I ask State, Treasury, Defense. Transportation,
Mr. BAKER. Mr. President, I hope unanimous consent that the reading of Health and Human Services, the Director of
the amendment be dispensed with. the Office of Management and Budget and
co can croo nsideration n o of this matter. expeditiously with the The PRESIDING OFFICER. With- the Director of Central Intelligence and
co such other officials as may be appointed by
Before that. I inquire of the manag- out objection, it is so ordered. the President. Decisions made by the Board
ers on both sides if they or anyone else The amendment is as follows: pursuant to section 4(a) of this Act shall be
anticipate a rollcall vote on this meas- On page 1, strike out line 3 and all that acknowledged by each member thereof in
ure. follows through line 20 on page 7, and insert writing.
Mr. SIMPSON. Mr. President, I in lieu thereof the following: That this Act SEC. 4. (b) For the purpose of coordinating
stand here as one who is filling in for may be cited as the "National Narcotics Act the activities of the several departments
of
the chairman, Senator THURMOND, and 198 and agencies with responsibility drug
SEC. 2 2. . (a) The Congress hereby makes the law enforcement and implementing the de-
the chairman of the subcommittee, following findings: terminations of the Board, It shall be the
Senator HATCH. It is my understanding (1) The flow of illegal narcotics into the duty of the Chairman-
that Senator BIDEN will be the floor United States is a major and growing prob- (1) to advise the Board in matters con-
manager on the other side. lem. cerning drug law enforcement;
I have an amendment which I will (2) The problem of illegal drug activity (2) to make recommendations to the
falls across the entire spectrum of Federal Board for the coordination of drug enforce-
chairman on behalf of the committee activities both nationally and international- meet activities;
chairman which I understand has ly. -been agreed to. There will not be a (3) Illegal drug trafficking is estimated by (3) to correlate and evaluate intelligence
rollcall vote requested by the major- the General Accounting Office to be an and other information on drug law enforce-
It y. and I cannot speak for the minor- $80,000,000,000 per annum industry in the ment to support the activities-of the Board;
ity Members, Senator BIDEN for not United States. (4) to act as primary adviser to the Presi-
(4) The annual consumption of drugs has dent and Congress on national and interna-
beulg present. reached epidemic proportions. tiona) illegal drug law enforcement pro-
Mr. KENNEDY. Mr. President, will (5) Despite the efforts of the United grams and policies developed by the Board
the Senator yield? States Government and other nations, the under subsection (a) of this section and the
Mr. SIMPSON. I yield. echanisms for smuggling opium and other implementation thereof; and
Mr. KENNEDY. It is my under- m hard drugs into the United States remain (5) to perform such other duties as the
standing that the Senator from Dela- virtually intact and United States agencies President may direct.
ware does not think a rollcall vote is estimate that they are able to interdict no (a) The Board shall facilitate coordination
necessary. I do not know if other more than 5 to 15 percent of all hard drugs of United States operations and policy on il-
Members will request it. Senator flowing into the country. legal drug law enforcement. In the further-
BrDEN indicated to me earlier that he (6) Such significant indicators of the drug ance of that responsibility, the Board shall
did not feel it was necessary. problem as drug-related deaths, emergency have the responsibility, and is authorized
Mr. BAKER. Mr. President, it ap- room visits, hospital admissions due to drug- to-
related incidents, and addiction rates are (1) review, evaluate and develop United
pears that there will not be a rollcall soaring. States Government policy, strategy and re-
vote. I caution Senators that the lead- (7) Increased drug trafficking is strongly sources with respect to illegal drug law en-
ership cannot guarantee that there linked to violent, addiction-related crime forcement efforts, including budgetary- pri-
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a itvoa CONGRESSIONAL RECORD - SENATE February, 7, 1984
orities and a National and International which is chaired by the Attorney Gen- bated this thing so many times and we
Drug Law Enforcerent strategy; eral.
ime already. I will not take
(2) facilitate coordination of all United This is the board charged with devel- a lot of tit twice
-States Government efforts to halt national
and international trafficking - In illegal oping policy with respect to strategy But I would like to point out that
drugs: and and budgetary priorities aimed at fa- the administration did move some on
(3) coordinate the collection and evalua- Cilitating this coordination between this but they did not propose much
tion of information necessary to implement the law enforcement agencies. It will more than establishing a board that nited Unit IdwStWes poI cytwith respect to illegal coordinate the gathering and evalua- already exists. Senator TmuRMoiD's
(c) In carrying out responsibilities under Don of intelligence in this area. amendment give the Attorney Gener-
this senior the ourtrmsp, behalu d the As chairman of the board, the Attor- al, the chairman of the board, the au-an of Board is authorized to- ney General will be the primary advis- thoiify to carry out policy and budget
(1) direct. with the concurrence of the er to the President, and he is also au- decisions approved by the board. The
bead of the agency employing such person- thorized to provide guidance relating Attorney General also becomes, by
nel. the assignment of government person- to those Matters. Including reviewing statute, the primary adviser to the
net within the United States Government in programs and reprograming. and the President and the Congress on drugs,
order rto im ement States board would be required to report to The reason that is important is we
meat: Congress biannually. would like to be able to call somebod
(2) provide guidance in the Implements- The amendment simply then goes on --- _ ~_ - -- Y
- ---` """ """` "? ??' -' and who is on second and what the
(a) of this section; genre decisions of any agency.
(3) review and approve the reprogram- game plan Is
Mr. President, I move the adoption
ming of funds relating to budgetary prior- of the amendment, unless there is fur- I concur with this compromise be
ities developed under subsection (a) of this then dis ,,,,~;~ cause it gives the Attorney General
Bretton, The PRESIDING OFFICER. The sufficient clout to clearly bring coordi-
(4) procure temporary and intermittent question is on agreeing and central management to our
services under section 3109(b) of title 5 of to the amend- omnibus drug problem.
the United States Code, but at rates for in- meat of the Senator from Wyoming.
dividuah not to exceed the daily equivalent The amendment (No. 2700) was Mr. PELse Mr. President, I strongly
of the maximum annual rate of basic pay agreed to. support the compromise proposal to
payable for the grade of GS-18 of the Gen- Mr. SIMPSON. Mr. President. I sug- establish a National Drug Enforce-
eral Schedule; gest the absence of a quorum. ment Policy Board. This is a proposal
(5) accept and use donations of property The PRESIDING OFFICER. The Senator -DicCoxcllrl, Senator BII N
from all government agencies; and clerk will call the roll. and I Initiated several
(S) use the malls in the same manner as years ago and
any other department or agency of the ex- The assistant legislative clerk p'ro. certaintly the need for this Cabinet.
ecutive branch. ceedtd to call the roll. level Board is greater today than ever
(d) Notwithstanding the authority grant- Mr. BIDEN. Mr. President, I ask before. The Senate has passed virtual.
ed in subsection (a) of this section, the unanimous consent that the order for ly identical proposals by solid major-
Board shall not interfere with routine law the quorum call be rescinded. - sties on two separate occasions, and I
enforcement or intelligence decisions of any The PRESIDING-OFFICER. With- am hopeful that on this third effort
agency. out objection, it Is so ordered. we will be successful in enacting this
(e) The Administrator of the General
Services Administration shall provide to the Mr. BIDEN. Mr. President, it seems long needed initiative into law.
Board on a reimbursable basis such adminis- as though this is going to be a good The legislation we are proposing is
trative support services as the Chairman day for' the Senate and I hope the really very simple. At least 15 separate
may request. country. although I db not want to Federal agencies play a role in drug
Sac. 5. The Chairman shall submit to the equate the two. After some time, the enforcement, and these agencies are
Congress. within nine months after enact- President just announced that there is spread through six different depart-
ment of this Act, and biannually thereafter, going to be a phase withdrawal of the ments. Coordination and leadership of
a full and complete report reflecting United marines from Lebanon and after a our drug enforcement programs is
States policy with respect to illegal drug law ]
enforcement. Plans proposed for the imple- anger period of time, it looks like we such a complex and diverse job that it
mentation of such policy, and, commencing have some unanimity on the so-called requires the principal attention and
with the submission of the second report, a drug czar bill. responsibility of one person within the
full and complete report reflecting pewee- I am prepared on behalf of myself Cabinet. The General Accounting
plishments With repect to the United States and Senator DECONCIxl and Senator Office, in a report last summer enti-
policy and plans theretofore submitted to PELL, who were deeply involved in this tled "Federal Drug Interdiction. Ef-
the Congress. legislation for the past several
SEC. 6. Title II of the Drug Abuse Proven- years, forts Need Strong Central Oversight,"
Lion. Treatment and Rehabilitation Act (21 accept the amendment. that has strongly criticized the fragmentation
US.C. 1112) is amended by adding at the been put forward by Senator SILpsox of the Federal antidrug effort. The
end of section 201 (21 U.S.C. 1111) a new on behalf of Senator THURMOND and GAO recommended that the President
subsection (d) as follows: others. develop an overall national strategy
??(d) Support to National Drug Enforce- Mr. President, I commend Senator that better defines the roles of the
went Policy Board. One of the duties of the T UluroND for his initiative in this Many agencies involved with this prob-
White House Office of Drug Abuse Policy area. It is not everything I wanted, but lent. The GAO also called for a clear
sham be to Insure coordination between the it is pretty darn close, delegation of responsibility to one in-
National Drug law- Enforcement Policy 'I think we made a good compromise - dividual to lead and coordinate Feder-
Board and the health issues associated with
drug abuse. here. What. we have essentially done a] drug enforcement programs.
Sac. 7. This Act shall be effective January here is what we tried-and I must .I do not believe that any Member of
20, 1985. admit Senator TH VRMOND and I both the Senate would dispute the need for
Amend the title to read as follows: -To es- tried-to convince the President to do a more aggressive national attack on
tablish a National Drug Enforcement Policy a year and some months ago in the the drug trafficking problem. Drug
Board,". Oval Office just before we recessed trafficking and abuse are no longer a
Mr. SIMPSON. Mr. President, with which was to essentially establish for problem that is contained in our large
the adoption of this amendment, the drug area the equivalent of a DCI, cities; the health impairment and
which, as I say, has been concurred in Director of Central Intelligence, and crime that flow from this problem are
by Senator BIDEN, the floor manager with the sam
t
f
h
e
ype o
aut
ority. -evident today in every neighborhood
of the bill, and by Senator TnURMOND, Without taking the time of the in the United States. We have enjoyed
the floor manager on this side, this is Senate, because I know a number of successes in containing the
problem
simply the amendment which sets up my colleagues have to catch planes such as the much-heralded Florida
the drug enforcement policy board, and have places to go, and since we de- Task Force, but in reducing- the prob-
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February 7, 1984 CONGRESSIONAL RECORD - SENATE S 1069
km in that area we have seen trailick- The PRESIDING OFFICER. If bknown "Nat~~aDrug Enforce-this Act ing activity shift to other regions of there be no further amendment to be went Policy the a~ (herein Thorn shall be
the country. proposed, the question is on the en- referred to as
the bead s the Board a Chairman who
last fall I conducted a hearing of grossment and the third reading of shall be the Attorney General (hereinafter
the Foreign Relations Committee in the bill. in this Act referred to as the "Chairman").
Rhode Island on the sources of the The bill was ordered to be engrossed In addition to the Chairman. the Board
drug trafficking problem in New Eng- for a third reading and was read the shall be comprised of the Secretaries of
land. Testimony clearly indicated that third time. State. Treasury. Defense. Transportation.
coastal smuggling of drugs has in- The PRESIDING OFFICER. The Health and Human Services the Director of
creased significantly in New England bill having been read the third time, the Office of Management and Budget and
since the marshaling of Federal ef- the question is, Shall it pass? the Director of Central Intelligence and
forts in south Florida. While the law So the bill (S. 1787). as amended, such other officials as many be appointed
was passed as follows: by the Precedent. Decisions made by the
enforcement personnel who testified board pursuant to section Us) of this Act
where uniform in citing the successes S.1787 shall be acknowledged by each member
that have been achieved, they were Be it enacted by the Senate and House of thereof in writing.
frank to admit that-as far as putting Representatives of the United States of Sec. 4. (b) For the purpose of coordinating
a dent in drug trafficking operations- America in Congress assembled, That this the activities of the several departments
we are only touching the tip of an ice- Act may be cited as the "National Narcotics and agencies with responsibility for drug
de-
berg. Just last week the President re Act of 1984". law enforcement and implementing the de-
Sec. 2. (a) The Congress hereby makes the terminations of the Board. it shall be the
leased a budget which reduces funding following findings: duty of the Cbab'rnan-
for the Coast Guard, the agency prin- (1) The now of illegal narcotics Into the (1) to advise the Board in matters con-
cipally concerned with stopping coast- United States is a major and growing prob- cerning drug law enforcement;
al drug smuggling. It is anticipated lem of illegal drug activity . (2) to make recommendations to the
that the budget recommendations will The problem Board for the coordination of drug enforce-
result in the cut of over 650 military falls across the entire spectrum of Federal ment activities;
billets and about 100 civilian positions. activities both nationally and international- (3) to correlate and evaluate intelligence
ly. These cuts will have a real impact on and other information on drug law enforce-
the Illegal drug trafficking Is estimated by eal to support tactivities of the Board;
the Coast Guard's law enforcement ef- the General Accounting Office to be an ment as t the h primary adviser to the Presi-
that and underscore the fact $80.000,000.000 per annum industry in the (4) to act and t as national and the Prna-
drug on law national and i enforcement rna-
that our overtasked and underfunded United States. dent boast and Congress
agencies are outmatched in fighting a (4) The annual consumption of drugs has Illegal
reached epidemic proportions. grams and policies developed by the Board
war against a well-organized, well-fi- (5) Despite the efforts of the United. under subsection (a) of this section and the
nanced 880 billion a year industry. States Government and other nations. the implementation thereof; and
What we are seeking to do with this mechanisms for smuggling opium and other (5) to perform such other duties as the
bill is to provide the high level of lead- bard drugs into the United States remain President may direct.
ership that has been lacking from our virtually intact and United States agencies (a) The Board shall facilitate coordination
drug control efforts,?and I am satisfied estimate that they am able to interdict no of United States operations and policy on 1I-
that the Cabinet level Board-which more than 5 to 15.percent of all hard drugs legal drug law enforcement. In the further-
will be chaired by the Attorney Gener- flowing into the country. once of that responsibility, the Board shall
(6) Such significant indicators of the drug have the responsibility. and is authorized
al-will have the necessary power to
to drug- to-.
admissions deaths, due e to drug- emergency
both establish national and implement room em o visitsas, hospital drug-related
room s (1) review, evaluate and develop United
a more effective drug enforcement related Incidents, and addictfon rates are States Government policy, strategy and re-
policy. soaring. sources with respect to illegal drug law en-
We have all seen the effects of drug (7) Increased drug trafficking is strongly forcement efforts. including budgetary pri-
trafficking in our communities, and we linked to violent, addiction-related crime critics and a National and International
all recognize that-by its very nature- and recent studies have shown that over 80 Drug Law Enforcement Strategy:
Cannot be percent of heroin users rely upon criminal (2) facilitate coordination of all United
the reached sources by of local this law problem enforcement. activity as a means of income. States Government efforts to halt national
(8) Much of the-drug trafficking is ban- and international trafficking in Illegal
This bill is a first step in an all out na- died by syndicates, a situation which results drugs: and
tional attack on the drug trafficking In increased violence and criminal activity (3) coordinate the collection and evalua-
menace, and I urge each of my col- because of the competitive struggle for con- flan of information necessary to implement
leagues to join in providing the strong trot of the domestic drug market. United States policy with respect to illegal
leadership that is essential to dealing (9) Controlling the supply of illicit drugs drug law enforcement
with this growing national problem. is.a key to reducing the crime epidemic eon- (c) In carrying out responsibilities under
fronting every region of the country. this section. the Chairman. on behalf of the
Mr. BIDEN. Mr. President, as far as (10) The magnitude and scope of the prob- Board is authorized to-
this side of the aisle is concerned. I do lem requires the establishment of a Nation- (1) direct with the concurrence of the
not know that anyone wishes to speak al Drug Enforcement Policy Board, chaired head of the agency employing such person-
or seeks a rollcall vote. I am prepared by the Attorney General, to facilitate co- net, the assignment of government person-
to yield back all of my time and voice ordination of all Federal efforts by relevant nel within the United States Government in
vote this if that is agreeable with the agencw& (11) Such a god must have reaponsibtli- order to implement United States pohcy
manager, Senator SIItPSON. ty for coordinating the operations of Peder- with respect to Illegal d law enforce-
Mr. SIMPSON. Mr. President, I have aI agencies involved in attacking this prob% m t provide guidance in the implear-enta-
nothing further to add on behalf of 1em through the development of policy and tion (2)
and maigance policy. strategy
the floor manager of the bill except to resources, so that a unified and efficient and resdues developed under subsection
say, as a member of the Judiciary effort can be undertaken. (a) of this section;
(b) It is the purpose of this Act to insure-
Committee, that I have personally ob-
(1) the maintenance of a national and in (3) review and approve the reprogrsrn-
aernauiona, clans a5- uacaaa --is- ties developed er subsection (a) of this
Senator BIDEN have worked so closely (2) that the activities of the Federal agen und
on this measure. We have a fine result, ties Involved are fully coordinated; and section;
in my mind. I commend them both. (3) that a single, competent, and responsi- (4) procure temporary and intermittent
knowing that it has been something of ble high-level Board of the United States services under section 3109(b) of title 5 of
great interest to them. It has been a Government, chaired by the Attorney Gen- rhea United Stattes Code. but attlrratesf for
nt
privilege to be involved in it as a eral, will be charged with this responsibility the al
member of the committee. of coordinating United States policy with re- of the maximum annual rate of basic pay
spect to national and international drug law payable for the grade of GS-la of the Gen-
There are no requests for a rolleall enforcement. eras Schedule;
vote on this side of the aisle. 'I yield Sec. 3. There is established in the execu- (5) accept and use donations of property
back the balance of my time. Live branch of the Government a Board to from all government agencies; and L,
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 S 1070
(6) use the mails in the same manner as
any other department or agency of the ex-
cutive branch.
(e) The Administrator of the General
Service Administration shall provide to the
Board on a reimbursable basis such adminis-
trative support services as the Chairman
may request.
SEC. 5. The Chairman shall submit to the
Congress. within nine months after enact-
ment of this Act, and biannually thereafter,
a full and complete report reflecting United
States policy with respect to illegal drug law
enforcement, plans proposed for the imple-
mentation of such policy, and, commencing
with the submission of the second report, a
full and complete report reflecting accom-
plishments with respect to the United
States policy and plans theretofore submit-
ted to the Congress.
SEC. 6. Title II of the Drug Abuse Preven-
tion. Treatment and Rehabilitation Act (21
U.S.C. 1112) is amended by adding at the
end of section 201 (21 U.S.C. 1111) a new
subsection (d) as follows:
(d) Notwithstanding the authority grant-
ed in subsection (a) of this section, the
Board shall not interfere with routine law
enforcement or intelligence decisions of any
agency.
'(d) Support to National Drug Enforce-
ment Policy Board. One of the duties of the
White House Office of Drug Abuse Policy
shall be to insure coordination between the cited by the Commission are the 1983
National Drug Enforcement Policy Board Massachusetts Nutrition Survey which
and the health issues associated with drug found 9.8 percent of the children stud-
abuse. ' fed to be chronically malnourished
SEC. 7. This Act shall be effective January and 12.2 percent to be anemic; a na-
20.1985. tional survey of 400,000 low income
Mr. BAKER. Mr. President, I ask children, conducted by the Center for
unanimous consent that the order for Disease Control, found that 8.5 per-
the quorum call be rescinded. cent of those child en were stunted
The PRESIDING OFFICER. With- and 7 percent were anemic.
out objection, it is so ordered. According to 96cial service workers
ORDER OF PROCEDURE
Mr. BAKER. Mr. President, in a few
moments I am going to attempt to get
to the death penalty bill, but I do not
anticipate completing action on that
measure tonight. Therefore, may I an-
nounce that there will be no more
record votes today.
Mr. President, the managers of that
measure are not here. I wish to talk to
the minority leader before we proceed.
For the moment, I suggest the absence
of a quorum.
The PRESIDING OFFICER. The
clerk will call the roll.
The assistance legislative clerk pro-
ceeded to call the roll.
Mr. BAKER. Mr. President, I ask
unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
ROUTINE MORNING BUSINESS
Mr. BAKER. Mr. President, the
leadership on this side still intends to
go or attempt to go to the death penal-
ty bill tonight. While we try to get
managers here and on deck, I ask
unanimous consent that there be a
period for the transaction of routine
morning business not to extend past
the hour of 7 p.m., in which Senators
may speak.
The PRESIDING OFFICER. With-
out objection. it is so ordered.
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REPORT OF THE CITIZENS' COM-
MISSION ON HUNGER IN NEW
ENGLAND
Mr. KENNEDY. Mr. President, yes-
terday the Citizens' Commission on
Hunger in New England released its
report, "American Hunger Crisis: Pov-
erty and Health in New England." The
Commission, composed of 25 eminent
individuals and experts in the fields of
medicine and nutrition and chaired by
Dr. Larry Brown of the Harvard
School of Public Health, has gathered
concrete data documenting the tragic
reality of hunger in our country.
The Commission's principal findings
are that:
Hunger exists in every State in New
England, has been growing at a steady
pace over the past 3 years and shows
no sign of diminishing.
A new class of poor people who have
never been poor or hungry before has
recently emerged and appears to be
growing.
There is a Browning body of evidence
that malnutrition is becoming a seri-
ous problem among poor children in
the United States. Among the studies
and doctors who testified before the
Commission, it is nearly impossible for
the elderly poor to eat adequately
under current economic conditions.
These findings should not surprise
the Members of this body and they are
certainly no surprise to me. During
the last 2 years almost a dozen inde-
pendent studies conducted by the Con-
ference of Mayors, the Center on
Budget and Policy Priorities, the Food
Research and Action Center, and
other groups have produced clear, con-
vincing, and overwhelming evidence
that hunger exists and that the
number of hungry people in America
is growing.
In December I submitted my own
report, "Going Hungry in America," to
the Senate Labor Committee detailing
my own findings and recommenda-
tions following 5 days of hearings
around the country, and in which I
reached the same conclusions about
the seriousness of the hunger crisis.
Only one report, the report issued by
President Reagan's Task Force on
Food Assistance Programs, has
reached a contrary conclusion.
As we begin this year's budget
debate, all of us in the Congress have
a responsibility to act in light of the
growing body of evidence on the
extent of hunger in our' society. In its
excellent new study, the New England
commission carefully examines the
history of the Government's response
to the problems of the needy and
1,984
places the blame for the current
hunger crisis squarely on the shoul.
ders of the Federal Government.
Regressive policy choices have cre-
ated the hunger problem and there is
no secret about what must now be
done. Increased funding for Federal
food assistance programs-most of
which must be reauthorized In this
Congress-can make the difference.
Congress has the power to put
America back on the path of progress
toward the eradication of hunger. I
welcome the report of the citizen's
commission as an important new con-
tribution to our understanding of the
issue.
On behalf of the commission chair-
man, Larry Brown, of the Harvard
School of Public Health, I am today
providing each Member of the Senate
with a copy of the report. I urge all of
my colleagues to read It with the care
it deserves.
HEALTH CARE FOR AMERICA'S
DISABLED VETERANS: THE
GRACE COMMISSION THREAT
Mr. CRANSTON. Mr. President, this
morning at a joint hearing of the
House and Senate Committees on Vet-
erans' Affairs, the National Command-
er of the Disabled American Veterans,
Dennis A. Joyner, presented that great
organization's legislative recommenda-
tions for 1984. In his very excellent
testimony, Commander Joyner fo-
cused on the threat to veterans' pro-
grams posed by a number of the rec-
ommendations of the President's Pri-
vate Sector Survey on Cost Control-
the so-called Grace Commission.
My statement for the joint hearing
responded to the DAV testimony on
that point, and I would like to reiter-
ate for the information of my col-
leagues and the public part of my re-
marks.
Mr. President, I had to agree with
-the DAV's National Commander that
the threats to Veterans' Administra-
tion health care and benefits programs
that he identified are quite real and
current.
Last week, Office of Management
and Budget Director David Stockman,
appearing before the Senate Budget
Committee, testified that the Grace
Commission proposals for veterans'
.programs are receiving serious consid-
eration. On February 2, Mr. Stockman
-stated:
While major strides in budget control
have been achieved over the past three
years, it should not be concluded that all
savings possibilities have been exhausted.
[T]he Grace Commission report con-
tains literally hundreds of suggestions .
which, after further analysis and refine-
ment, can be expected to generate substan-
tial savings proposals for next year's budget.
In particular, the following eight budget
categories illustrate the opportunities for
significant future savings beyond the limit-
ed measures proposed in the 1985 budget.
. [T]hey illustrate both the major op).or-
tunities as well as the kind of hard choices
which will face the Administration ang1 :.;A-
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CONGRESSIONAL RECORD - SENATE February 7,