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t 4-_1 EXCeyPt Approved For Release 2008/11/26: CIA-RDP95B00895R000200080018-7 f'4Tiv'~, 19 October 26, 1983 CONGRESSIONAL RECORD - SENATE tween the date of the House meeting, which I am told is November 16, even if that should not take place, we will still have a hearing on that issue before we are to recess for the Thanksgiving period. Mr. PRYOR. Mr. President, I appre- ciate the statement of the Senator from Wyoming and also his commit- ment. I wish all of our colleagues to know that Senator WARNER and I came to the Chamber with every intention of trying to do whatever it took with the yeas and nays, a germaneness fight, or whatever, to being this matter up and to have a showdown on it today be- cause we feel it is so important. But I do accept unreservedly the as- surance of the Senator from Wyo- ming. He is a man of great honesty, In- tegrity, and knowledge in the whole area of veterans' affairs. I do not want to extract one more drop of blood, so to speak, but I do wonder if my very good friend from Wyoming and perhaps if our chief co- sponsor. Senator WARNER,-of Virginia, might assure this Senator and this body that no burial will take place, in the meantime, such as the one we read about in the October 17 issue of the Washington Post involving a card- board coffin. Do the Senators feel that there are regulations or a monitoring device or an administrative procedure now in effect at least to carry us over until the time we have some final action on the legislation of this nature? Mr. SIMPSON. Mr. President, I am advised by the Veterans' Administra- tion just within the past hour that all of the regulations and administrative procedures are in place to assure that this type of thing does not happen again, and the general counsel of VA has assured us that that is in process and implemented within the VA. Mr. PRYOR. I deeply appreciate the remarks and the commitment from the distinguished Senator from Wyo= ming and, with the consent of my dis- tinguished colleague from Virginia, Senator WARNER, we will at this time pull this amendment down and, I hope, have a very good hearing on the merits of this issue at the proper time before Thanksgiving. Mr. WARNER. Mr. President, I re- spectfully agree with my distinguished colleague from Arkansas and indeed I think the purpose for which we came to the Chamber today has been prop- erly redressed by the distinguished chairman of the committee and al- though the ranking minority member, Mr. CRANSTON, of California, who is not present, I am sure the Senator from Wyoming will speak for him on this matter because the two of them provide a great deal of leadership in this area, and with the assurances that this incident will not happen again until such time as Congress has the opportunity to address and remedy this situation, I am quite agreeable not to press for the yeas and nays. &"657' Mr. SIMPSON. Mr. President, I AMENDMENT NO. 2443 deeply appreciate that action on (Purpose: To establish an Office on Nation- behalf of Senator PRYOR and Senator al and International Drug Operations and WARNER. Policy and a Commission on Drug Inter- _ ____ .,_ -I ._ . _ . . _ diction and Enforcement) I do speak for the Senator from Califor- nia, my colleague, Senator AL CRAN- STON. I appreciate the magnanimous action on the part of Senator WARNER, and please know that I remain a very accessible figure and should they wish to discuss those types of amendments at any future time, do not hesitate to contact me. And in the event they do not, I say to my colleague and seat mate, I shall never furnish him any further cigars. Mr. WARNER. Mr. President, I think we have a technical require- ment. If it is agreeable to the Senator from Arkansas, Mr. President, on behalf-of the distinguished Senator from Arkansas and myself we at this time ask unanimous consent that the amendment be withdrawn. The PRESIDING OFFICER. The amendment is withdraws. Mr. HATFIELD. Mr. President, we are down now to about the time of ending for the day's session according to the leadership. First of all, I thank the Senator from Arkansas, the Senator from Vir- ginia, and the Senator from Wyoming for working out this matter in an ami- cable satisfactory manner. Mr. President, I wish to propound an unanimous-consent request on a time agreement on the DeConcini-Baden amendment which has been cleared by both sides of the aisle. Mr. President, I ask unanimous con- sent that a half-hour time limit be equally divided. Mr. President, I withdraw my re- quest at this moment and suggest the absence of a quorum. The PRESIDING OFFICER. The clerk will call the roll. The legislative clerk proceeded to call the roll. Mr. HATFIELD. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. The PRESIDING OFFICER. With- out objection, it is so ordered. Mr. HATFIELD. Mr. President, I propound a unanimous-consent re- quest. I ask unanimous consent that on the Biden-DeConcini amendment that will be called up next that there be a time agreement of 20 minutes equally divided between the propo- nents of the amendment and the Sen- ator from South Carolina (Mr. TnuR- moND) to manage the time on the op- position side, with only a tabling motion that would be in order, and no amendments. The PRESIDING OFFICER. Is there objection? The Chair hears none, and it is so ordered. Mr. BIDEN. Mr. President, I send an amendment to the desk and ask for its immediate consideration. The PRESIDING OFFICER. The clerk will report. The legislative clerk read as follows: The Senator from Delaware (Mr. BIDEN), for himself, Mr. DaCoxczxi, Mr. Cxn.m, Mr. PILL, and Mr. NuNN proposes an amend- ment numbered 2443. Mr. BIDEN. Mr. President, I ask unanimous consent that further read- ing of the amendment be dispensed with. The PRESIDING OFFICER. With- out objection, it is so ordered. The amendment is as follows: At the appropriate place in the bill, add the following new account: Office of the Director-of National and In- ternational Drug Operations and Policy and the Commission on Drug Interdiction and Enforcement For salaries and expenses, not otherwise provided for, of the Office of the Director of National sad International Drug Operations and Policy and the Commission on Drug In- terdiction and Enforcement, $1,000,000: Pro- vided that (a) The Congress hereby makes the fol- lowing findings: (1) The flow of illegal narcotics into the United States is a major and growing prob- lem. (2) The problem of illegal drug activity falls across the entire spectrum of Federal activities both nationally and international- ly. (3) Illegal drug trafficking is estimated by the General Accounting Office to be a $79,000,000,000 a year industry in the United States. (4) The annual consumption of heroin in the United States is in the range of four metric tons, and annual. domestic consump- tion of cocaine is estimated to be forty to forty-eight metric tons. (5) Despite the efforts of the United States Government and other nations, the mechanisms for smuggling opium and other hard drugs into the United States remain virtually intact and United States agencies estimate that they are able to interdict no more than 5 to 15 per centum of an hard drugs flowing into the country. (6) Such significant indicators of the drug problem as drug-related deaths, emergency room visits, hospital admissions due to drug- related incidents, and addiction rates are soaring. (7) Increased drug trafficking is strongly linked to violent, addiction-related crime and recent studies have shown that over 90 per centum of heroin users rely upon crimi- nal acitivity as a means of income. (8) Much of the drug trafficking is han- dled by syndicates which results in in- creased violence and criminal activity be- cause of the competitive struggle for control of the domestic drug market. (9) Controlling the supply of illicit drugs is a key to reducing the crime epidemic con- fronting every region of the country. (10) The magnitude and scope of the prob- lem requires a director of National and In- ternational Drug Operations and Policy with the responsibility for the coordination and direction of all Federal efforts by the numerous agencies. .1 L CA Approved For Release 2008/11/26: CIA-RDP95B00895R000200080018-7 Approved For Release 2008/11/26: CIA-RDP95B00895R000200080018-7 S 14658 CONGRESSIONAL RECORD - SENATE (11) Such a director must have broad au- thority and responsibility for making man- agement, policy, and budgetary decisions with respect to all Federal agencies involved in attacking this problem so that a unified and efficient effort can be made to elimi- nate the Illegal drug problem. (b) It is the purpose of the Office to insure- (1) the development of a national policy with respect to illegal drugs; (2) the direction and coordination of all Federal agencies involved in the effort to implement such a policy; and (3) that a single, competent, and responsi- ble high-level official of the United States Government, who is appointed by the Presi- dent, by and with the advice and consent of the' Senate, and who is accountable to the Congress and the American people, will be charged with the responsibility of coordi- nating the overall direction of United States policy, resources, and operations with re- spect to the illegal drug problem. (c)(1) There is establshed a Commission on Drug Interdiction and Enforcement (hereinafter referred to as the "Commis- sion") which shall be composed of: (A) Four members appointed by the Presi- dent, one of whom shall be designated by the President as chairman; (b) The Attorney General, the Secretary of the Treasury, the Secretary of Transpor- tation, and the Secretary of State; (c) Four members appointed by the Speaker of the House of Representatives from the membership of the House Commit- tee on the Judiciary; and (d) Four members appointed by the Presi- dent pro tempore of the Senate from the membership of the Senate Committee on the Judiciary. (2) Of amounts appropriated under this account $1,000,000 shall be available for the Commission established under this subsec- tion. (3) A majority of the Commission shall constitute a quorum for the transaction of its business, but the Commission may pro- vide for the taking of testimony and the re- ception of evidence at meetings at which there are present not less than four mem- bers of the Commission. (4) Each member of the Commission who is not otherwise in the service of the Gov- ernment of the United States be compensat- ed at a rate not to exceed the daily equiva- lent of the rate than payable for grade GS- 18 in the General Schedule under section 5332 of title 5, United States Code, for each day spent in the work of the Commission, shall be paid actual travel expenses, and per diem in lieu of subsistence expenses, when away from his usual place of residence, In accordance with chapter 57 of title 5, United States Code. Each member of the Commis- sion who is otherwise in the service of the Government of the United States shall serve without compensation in addition to that received for such other service, but while engaged in the work of the Commis- sion shall be paid actual travel expenses, when away from his usual place of resi- dence, in accordance with chapter 57 of title 5, United States Code. (5) It shall be the duty of the Commission to study and evaluate, in accordance with, but not limited to, paragraph (6), existing laws, policies, and procedures governing drug interdiction, Including existing au- thorities for domestic drug interdiction agencies, international drug eradication, crop substitution, and other cooperative programs in source and transshipment countries, and domestic and foreign intelli- gence-gathering programs for drug interdic- tion, and to make such administrative, legis- lative, and procedural recommendations to the President, the Director of the Office of National and International Drug Operations and Policy and to the Congress as are appro- priate. (6) In particular, the Commission shall- (a) conduct a study and analysis of the effect of provisions in current law which affect possession or transfer of controlled substances and other laws whose purposes are to deter drug trafficking into the United States; (b) conduct a study and analysis of cur- rent administrative and statutory obstacles to enhancing the gathering and tactical use of both domestic and foreign intelligence for use by Federal, state, and local drug in- terdiction agencies, including the appropri- ate role for the El Paso Intelligence Center (EPIC); (c) conduct study and analysis of the Posse Comitatus doctrine, including modifi- cations which would improve the use of mil- itary resources for drug interdiction and in- telligence purposes; (d) conduct a study and analysfl3 of coordi- nation between Federal, state, and local agencies involved in drug interdiction and intelligence gathering and how such coordi- nation can be improved; (e) conduct a study and analysis of the re- lationship between the different segments of enforcement of U.S. drug laws, particu- larly intelligence gathering, interdiction, prosecution, and results of prosecution, and recommend appropriate legislation and ad- ministration actions; (f) conduct a study and analysis of the al- location of Federal resources in the area of drug interdiction, and make appropriate rec- ommendations regarding a comprehensive, coordinated overview of Federal drug inter- diction and enforcement agencies' resource requirements rather than a piecemeal ap- proach to drug interdiction and enforce- ment budgeting; (g) recommend a coordinated approach to gathering and verifying drug interdiction seizure, arrest and prosecution statistics; (h) make a semiannual report to the House and Senate Committees on the Judi- ciary during the period before publication if its final report (described in subparagraph (I)); and (I) make a final report of its findings and recommendations to the President, to the Director of National and International Drug Operations and policy and each House of Congress, which report shall be published no later than January 20, 1985. (j) develop a coordinated interagency fed- eral strategy on narcotics control to be im- plemented by the Director of National and International Drug Operations and Policy beginning January 20, 1985. (7)(a) The Commission is authorized to appoint and fix the compensation of a staff director and such other additional person- nel as may be necessary to enable the Com- mission to carry out its functions without regard to the civil service laws, rules, and regulations. Any Federal employee subject to those laws, rules, and regulations may be detailed to the Commission without reim- bursement, and such detail shall be without interruption or loss of civil service status or privilege. (b) Staff members of the Committee on the Judiciary of the Senate or of the Committee on the Judiciary of the House of Repre- sentatives may be detailed to serve on the staff of the Commission by the chairman of the respective committee. Staff members so detailed shall serve on the staff of the Com- mission without additional compensation except that they may receive such reim- bursement of expenses incurred by them as the Commission may authorize. October 26, 1983 (8) The Commission may call upon the head of any Federal department or agency to furnish information and assistance which the Commission deems necessary for the performance of its functions, and the heads of such departments and agencies shall fur- nish such assistance and information, unless prohibited under law, without reimburse- ment. (9) The Commission is authorized to make grants and enter into contracts for the con- duct of research and studies which will assist it in performing its duties under this subsection. (10) The Commission is authorized to con- duct hearings and prepare written tran- scripts of the same. (11) The Commission shall cease to exist upon the filing of its final report, except that the Commission may continue to func- tion for up to 60 days thereafter for the purpose of winding up its affairs. (12) The Commission is authorized to pro- cure temporary and intermittent services of experts and consultants as are necessary to the extent authorized by section 3109 of title 5, United States Code, but at rates not to exceed the daily equivalent of the rate then payable for grade GS-18 in the Gener- al Schedule under section 5332 of such title. (13) There is authorized to be appropri- ated the sum of $1,000,000 for necessary sal- aries and expenses of the Commission. (d)(1) There is established in the execu- tive branch of the Government an office to be known as the "Office of the Director of National and International Drug Operations and Policy" (hereinafter in this heading re- ferred to as the "Office of the Director"). There shall be at the head of the Office of the Director a Director of National and In- ternational Drug Operations and Policy (hereinafter in this section referred to as the "Deputy Director") to assist the Direc- tor in carrying out the Director's functions under this. (2) The Director and the Deputy Director shall be appointed by the President, by and with the advice and consent of the Senate. The Director and the Deputy Director shall each serve at the pleasure of the President. No person may serve as Director or Deputy Director for a period of more than four years unless such person is reappointed to that same office by the President, by and with the advice and consent of the Senate. The Director shall be entitled to the com- pensation provided for in section 5313, title 5, United States Code. The Deputy Director shall be entitled to the compensation pro- vided for in section 5314, title 5, United States Code. (3) The Director shall serve as the princi- pal director and coordinator of United States operations and policy on illegal drugs. (4) The Director shall have the responsi- bility, and is authorized to- (a) implement the strategy recommended pursuant paragraph c(6); (b) thereafter, revise any such strategy and develop, review, implement and enforce all United States government policy with re- spect to illegal drugs and narcotics; (c) direct and coordinate all United States Government efforts to halt the flow into, and sale and use of illegal drugs within the United States; (d) develop in concert with governmental entities budgetary priorities and budgetary allocations of entities of the United States Government with respect to illegal drugs; and (e) coordinate the collection and dissemi- nation of Information necessary to imple- ment United States policy with respect to il- legal drugs. Approved For Release 2008/11/26: CIA-RDP95B00895R000200080018-7 Approved For Release 2008/11/26: CIA-RDP95B00895R000200080018-7 October 26, 1983 CONGRESSIONAL RECORD - SENATE S 14659 (5) In carrying out his responsibilities egy and plan prepared by the Commis- forcement caucus so ably cochaired by under paragraph (4), the Director is author- sion. ized to- Senator HAWKINS and DECONCINI (a) direct, with the concurrence of the Mr. President, the drug coordinator which includes 46 Senators; 34 Repub- head of the agency employing such person- amendment is familiar to all my col- licans and 12 Democrats. In a letter to nel, the temporary reassignment of govern. leagues as it is was something that was the President dated December 29, ment personnel within the United States passed by this body last year by a vote 1982, encouraging him to sign into law Government in order to implement United of 63 to 33. This measure was passed an eight part crime bill, the caucus en- States policy with respect to illegal drugs; overwhelmingly by the House and for- dorsed the provision that would "Es- (b) procure temporary and intermittent warded to th P i e res dent where it was services under section 3109(b) of title 5 of pocket vetoed last January, along with the United States Code, but at rates for in- dividuals not to exceed the daily equivalent other crime fighting initiatives. of the maximum annual rate of basic pay The purpose of this amendment is payable for the grade of GS-18 of the Gen- two fold: First, it will establish a cabi- eral Schedule; net-level office to be called the Office (e) accept and use donations of property of National and International Drug from all government agencies; and Operations and Policy. The Director (d) use the mails in the same manner as and Deputy Director would be ap- any other department or agency of the ex- pointed by the President by and with ecutive branch. the advice and consent of the Senate. (6) Notwithstanding any other provision of law, rule, or regulation to the contrary, The Director would have authority to: the Director shall have the authority to - Develop, review, implement, and en- direct each department or agency with re- force U.S. Government policy with re- sponsibility for drug control to carry out the spect to illegal drugs; direct and co- policies established by the Director consist- ordinate all U.S. Government efforts ent with the general authority of each to halt the flow into, and sale and use agency or department. of illegal drugs within, the United (7) The Administrator of the General States; develop in concert with other Services Administration shall provide to the Director on a reimbursable basis such ad. Federal entities concerned with drug ministrative support services as the Director control the budgetary priorities and may request, allocations of those entities with re- (8) The Director shall submit to the Con- spect to illegal drugs; and coordinate gress, by January 1, 1986, and annually the collection and dissemination of in- thereafter, a full and complete report re- formation necessaary to implement flecting accomplishments with respect to U.S. policy with respect to illegal the United States policy and plans thereto-drugs. fore submitted to the Congress. (9) For the PurPoge' of carrying out the Second, this amendment calls for function of the Office there are authorized the establishment of a National Com- to be appropriated $500,000 for fiscal year mission which for the first time, will 1985, and such sums as may be necessary for develop a comprehensive, coordinated each of the four succeeding fiscal years, to strategy and plan to be implemented be available until expended. by the Office of,the Drug Coordinator. (10) This subsection shall be effective Jan- Mr. President, the 97th Congress uary 20, 1985. concluded that Federal coordination Mr. BIDEN. The reason the Senator and leadership of drug control is such from Arizona and I and others such as a complex and diverse job that it re- Senator PELL, Senator CHILES, and quires the attention and responsibility Senator MOYNIHAN who are cospon- -of one person. Cabinet-level status for sors, and Senator NUNN are proposing this individual is necessary so that it is this amendment is that this is a clear that this individual reports di- matter which has been debated in the rectly to the President and has suffi- past on the floor of the Senate and cient clout to impose a truce on inter- has passed overwhelmingly. agency fueding, to insure maximum The distinction is we have made the participation of all agencies and to al- amendment we believe even more pal- locate budgetary resources in a effi- atable by tying together the original cient and effective manner. amendment with an amendment by These comments were echoed by the distinguished Senator from Arizo- Senators DECONCINI, HATCH, and SPEC- na which calls for the setting up of a TER during markup of this amendment commission to study how best to in the Judiciary Committee. attack the drug problem plaguing this Senator DECONCINI stated, "Anyone country, that looks at this problem will see that I will ask the Senator from Arizona coordination is anything but good." to speak to that in the time we have. Senator HATCH said he hoped that But suffice it to say that one of the the administration would not veto this criticisms of the bill the last time in bill because "It is a good idea and it is the discussion with the administration time we got on with the war on narcot- and others was the fact that we were ics." moving precipitantly in restoring the Senator SPECTER discussed with the chain of drug matters in this adminis- committee members his efforts to per- tration. suade the President to support this The beauty of this amendment is in bill last Congress and indicated that the wisdom of the Senator from Arizo- "the cause is not lost and I think we na which will be in place for 1 year ought to persevere." and it would not be until the end of The Judiciary Committee acted on that Commission at which time a this legislation by voting it out of com- report would go to the so-called drug mittee, by a vote of 12 to 5. coordinator who would then be re- Additional support for this amend- sponsible for implementing the strat- ment comes from the Senate drug en- tor." Additional support for this concept comes from the General Accounting Office in their report dated June 13, 1983, entitled, "Federal Drug Interdic- tion Efforts Need Strong Central Oversight." In this report GAO criticized the fragmentation of the Federal drug in- terdiction effort which is split among three separate agencies in three execu- tive departments, each having differ- ent program goals and priorities. GAO recommended to the President: That he direct the development of a more definitive Federal drug strategy that stipulates the roles of the various agencies with drug enforcement re- sponsibilities. That he make a clear delegation . of responsibility to one individual to oversee Federal drug enforcement pro- grams. Mr. President, the Reagan adminis- tration has taken many promising ini- tiatives in the area of drug law en- forcement. The President is to be com- mended. for committing the additional resources that resulted in the creation of the South Florida Task Force. The Reagan administration has also com- mitted itself to funding two nation- wide task force programs instituted within the past year, the organized crime drug enforcement program (OCDE) and the national narcotics border interdiction system (NNBIS). Despite these actions, I believe the administration's antidrug effort falls short in one crucial respect: the lack of central direction. At least 15 Federal agencies play a role in the regulation of commerce in dangerous drugs or in the enforcement of other restrictions designed to reduce the abuse of such drugs. These agencies are located in six different departments. Under such circum- stances, it is inevitable that divergen- cies as to priorities will arise and that there will be conflicting interpreta- tions of national policy. Included in this amendment is an ex- cellently drafted provision of Senator DECONCINI. Senator DECONCINI pro- poses the establishment of a commis- sion to review and recommend changes in our drug enforcement and interdic- tion policy and to develop a compre- hensive plan and strategy to be imple- mented under the direction of the drug coordinator. Senator DECONCINI has in the past so accurately stated, that we need a comprehensive strategy for attacking the drug problem. We also need a single person of cabinet rank to carry out that strategy. We be- lieve this amendment will resolve the Approved For Release 2008/11/26: CIA-RDP95B00895R000200080018-7 Approved For Release 2008/11/26: CIA-RDP95B00895R000200080018-7 S 14660 CONGRESSIONAL RECORD - SENAT October 26, 1983 problem of an ineffective strategy and and other illicit drugs that end up in grams or bureaucracy; indeed our lack of central direction. the hands of young and middle aged amendment explicitly states that FLEXIBLE TO APPOINT ATTORNEY GENERAL Americans. someone serving in the Cabinet, such Mr. President, the amendment I pro- We voted unanimously last year to as the Attorney General, could serve pose is written to provide flexibility in increase budgets for Federal agencies in this coordinating capacity. its implementation. It does not speci responsible for drug interdiction and In the past several years, drug traf- fy, for example, that the proposed enforcement. And, last year we voted ficking has become a problem that is office must be a part of the Executive in a bipartisan manner in favor of this national in scope. We cannot rely Office of the President. very amendment. We have agreed that upon the kind of short-term successes Under the provisions of the amend- drug control is unique in both the we have had with the Florida task ment, the President would be free to danger it poses to the social fabric of force. What is needed is consistent appoint an incumbent such as the At- the Nation and in the necessary com- attack on this problem at the highest torney General as Director of the cen- plexity of how our Government levels of our Government, starting tral. drug agency if, in his judgment, should respond. with a clearcut strategy for combating that were the soundest course. The Until there is one individual who can drug trafficking in every region of the sole purpose of the proposed legisla- say to Congress and the American country. tion is to provide sufficient authority people, this is the plan and this is how I urge my colleagues to join in sup- to a single official, one who clearly has we will implement the plan. It will porting this amendment to provide the the President's attention, for the uni- continue to be business as usual with strong leadership we must have if we fied direction of Federal efforts to our drug control program: Completion, are to win the war against drug traf- curb the traffic in illegal drugs. duplication, and inefficiency. fickers, and I yield the remainder of COMPARISON WITH DIRECTOR OF CENTRAL I ask all my colleagues again, for my time to the Senator from Dela- INTELLIGENCE their support in adopting this amend- What we are seeking in the amend- ment. Ware. re. BIDEN. Mr. President, I yield to ment is to strengthen central direction I now yield 2 minutes to the Senator Mr. Arizona. of the antidrug effort. The Director from Rhode Island. the M Senator from A A I thank the Sena created by this amendment is to the Mr. PELL. I thank my colleague drug law enforcement community from Delaware. Mr. President, I rise in tor from Delaware. what the Director of Central Intelli- strong support of the amendment of- We have gone round and round on gence (DCI) is to the intelligence com- fered by the Senator from Delaware the subject of drug interdiction in this munity. It is envisioned that both es- and the Senator from Arizona. Last body for a number of years. We passed tablish general policies and priorities, year, Senator BIDEN, Senator DECON- out what is known as the comprehen- approve budget submissions, and pre- CINI, and I offered a similar amend- sive drug coordinator, as the Senator pare a governmentwide program by ment to the Violent Crime and Drug from Delaware pointed out and as it which the Chief Executive may dis- Enforcement Improvements Act. Re- was pointed out by others. charge responsibilities the Constitu- grettably, the President vetoed this This, as the Senator from Delaware tion explicitly vests in him. bill because of his opposition to the points out, is far more palatable I be- There are four major aspects of the "Drug Czar" provision. lieve because it creates a commission drug problem: Foreign eradication or In the intervening year, our experi- which is very similar to the commis- crop substitution in the source coun- ence has been that the drug traffick- sion that was created for immigration tries, interdiction of drugs before they ing problem has grown substantially. and refugees. It is patterned after reach the U.S. borders and streets of As a result of the so-called Florida that. our cities, enforcement and investiga- Task Force, we have seen trafficking I think we know the success of that tion of those individuals involved in acitivity shift to other regions of the commission which brought about the drug trafficking in this country, and country. In the Northeast, for in- Comprehensive Immigration Reform collection of intelligence useful in in- stance, there has been a great increase Act that passed this body and is now terrupting the flow of drugs at each of in coastal drug smuggling over the stalled in the House of Representa- these stages. The Director will oversee past year. Figures made available to tives. the development and implementation me this week by the Drug Enforce- I think this combination gives us the of a plan that addresses all of these as- ment Administration in Boston dem- best of both worlds, an opportunity to pects. He will have the authority, with onstrate how dramatic the change has oversee through the commission and consultation from the agencies and de- been: in 1981, seizures of marihuana in the creation of the drug coordinator partments involved, to prioritize the amounted to 28 tons, a figure which at the determination of that commis- Federal effort devoted to all aspects of increased to 211 tons in 1982. Already sion. the drug effort. this year, 170 tons of marihuana have I want to thank the Senator from In seeing that the agencies and de- been seized along the New England leadership. partments are coordinating and com- coastline. Delaware for President, his l lee plain English, this mitting their resources in unison with I do not believe any Member of the ameMr. ndment creates a new Drug Com the overall Federal antidrug program Senate would dispute the need for a mission and establishes a so-called the Director will exercise authority more aggressive national attack on the m c our similar to that which the Director of drug trafficking problem. Our under- Drug coordinator or of o ex- believe briefly ur Central Intelligence has in coordinat- funded Federal law enforcement agen- national C Czar why drug as I strongly effort. he the c c Let me that both Ing Federal intelligence responsibil- cies are fighting a war against a well- plain la needed and why I believe both they ities. This does not mean the Director organized, well-financed, $80-billion-a- should be considered in tandem today. will involve himself with day-to-day year industry. What we are seeking to command decisions or interfere with do with this amendment is to provide COMMISSION ON DRUG INTERDICTION AND individual agency tasks. the high level authority that has been ENFORCEMENT Mr. President, we in the Congress lacking from a program that involves Mr. President, I am recommending have decided that the problem of drug more than a dozen agencies spread the creation of a new Commission on abuse has reached such a dismal state throughout the entire Government. Drug Interdiction and Enforcement. It that we must take immediate action. This amendment would provide for a is my hope that this Commission will Only last week, we voted 96 to 0 in 1-year study of our current drug en- attract the congressional, administra- favor of an amendment to the State forcement capabilities, to be followed, tion, and private sector experts in the Department authorization bill offered in January of 1985 by the establish- field to develop for the first time a by Senator HAWKINS that would cut ment of a Cabinet level office to have comprehensive, coordinated strategy off aid to nations not making legiti- the lead authority over the various for waging an all-out war on intercept- mate progress in curtailing the cultiva- agencies involved in this effort. We are ing drugs M they come across our bor- tion and production of heroin, cocaine, not seeking to create any new pro- ders. Approved For Release 2008/11/26: CIA-RDP95B00895R000200080018-7 Approved For Release 2008/11/26: CIA-RDP95B00895R000200080018-7 October 26, 1989 CONGRESSIONA L D UG AIL 11ul- oLi iuea or creating a ther side yields time, time wi border interdiction system (NNBIS), a centralized office for directing our na- ll be charged equally against both sides. program designed to mobilize re- tional drug effort is certainly not a sources to attack the drug smuggling new idea in this Chamber. The so- Mr. BIDEN. Mr. President, I see the problem around all of the U.S. bor- called drug czar was a key part of the Senator from South Carolina is pre- ders. I have repeatedly applauded the crime bill that President Reagan pared h to respond. Let me discuss some Vice President's efforts to focus the vetoed last year, but more important- South the arguments the Senator fthm power and resources of the Federal ly, it is a concept that has been recog- South Carolina may raise against this Government on this sinister drug nized as essential to our war against amendment. problem and I will continue to support drugs in both Houses of Congress. Just Mr. Presidene, one nt the arguments his program. However, despite the as I believe a Commission on Drug In- thority of the am endment is that the au- y the Attorney General would good intentions of the President, the terdiction is needed to map out a com- be undermined. Vice President, and our individual prehensive drug strategy, so, too, do I be drug interdiction agencies, there is believe that a drug coordinator is the I want s discusssionsmake with the clear throughout still the clack of a coordinated, needed to implement such a strategy . wt g with still the critical tic strategy for attacking in the Federal Government. tion, including our meeting with the str strategy for The Gov- The Director of National and Inter- President, that I had no objection to the drug smuggling problem. for a "war national Drug Operations and Policy the Attorney General serving as the ten ernment drugs" needs the to same prepare way for a "wwould be a Presidential appointee, chief coordinator. I believe there is for war against an enemy prepares the confirmed by the Senate, and would sufficient flexibility in the amendment United States. serve as the principal director and co- to permit this. We need a national and internation- ordinator of U.S. operations and policy The second argument the Carolina guished al game plan nfor ational andin drug in- on illegal narcotics and drugs. Clearly, may make Senator from South bring thal game plan warfare, this amendment would not be estab- may ms this bill would bring the including bolster- lishing a large new bureaucracy to White House into day-to-day law en- ing our international intelligence- compete with existing Federal respon- forcement decisions. gathering systems; providing existing sibilities in the drug area. To the con- I have made clear in the past it was military aircraft, radar, and other teary this small bffice would serve as a cated never our intent that this office be lo- equipment to our civilian law enforce- vehicle for cutting through the tradi- am not the White House. Indeed, I ment agencies for drug interdiction tional "turf" battles among drug -en- from ot the where that idea came purposes; establishing tough, interna- forcement agencies and help to coordi- rein an first place. This bill would tional drug eradication programs in nate the Federal drug effort and mobi- create anc of office a the executive source and transshipment countries; lize all assets of the Federal Governbrnch of Government not in the Br- and developing a coordinated system ment against this devastating menace. sides ecutive Office of the President. Be- for allocating Federal drug enforce- Mr. President, I will not burden my sides unlike White House staff this in- ment resources to the agencies and lo- colleagues with the numerous reports dividual would be appointed with the cation where the drug smuggling and studies that show the seriousness advice and consent of the Senate and threat is most acute. - of the drug problem in this country. therefore would be appearing before We do not have such a war plan, but Suffice it to say that the drug threat the Senate committee on a regular we desperately need one. The Vice to this country is staggering and get- basis. President cannot do it alone. The indi- ting worse. The cost of drug abuse to ARGUMENT AGAINST vidual law enforcement agencies the economy has been estimated at The bill would take away the indi- cannot do it on their own. The mili- $25.8 billion a year; the drug traffick- vidual authority of other Cabinet tary cannot db it alone. The Vice ing industry is an $80 billion a year members and Agency heads. President and other key players in-the empire; and as much as 70 percent of Federal drug interdiction effort need a all violent crime in the United States RESPONSE national strategy to put into effect. I is directly related to drugs. To attack Now I hha always thought that be was am confident that the Commission on this violent problem in our country, subject clear that such direction would be Drug Interdiction and Enforcement we need tough new measures; we need and if clarify appeal tlanguage is necessary will give the administration and the someone in charge full time who can and make that cl think that would Congress the blueprint for a successful cut through the bureaucratic and turf be make that clear I thinthat would "War on Drugs," a war that we can snarls that have plagued our dru that the As a epractical matter ultimately wii~j, effort to date; and we need a commis at is how tDCI enforces tasking nforces tasking Mr President, this Commission lion to map out a national war plan the i requirements ine llige community. the ity. For exam- for of nce would be a truly bipartisan mix of ex- attacking the drug problem from ple, the DCI the Secretary For parts from the administration, the all fronts. This amendment will get t, if Treasury DCI to place orders its the highest Congress, athe the ball rolling in this direction. the Congress, and n of the on collecting intelligence on heiof 16 , rpri ri vat embers sector. It Mr. President, the Vice President ity In- o a anal bl banking an on the the the has done a fine job in the drug inter- Amtorg activities th Soviet ing four Cabinet members, four from diction area, but he needs help, full- Government) ( and arm cr the o the the House Judiciary Committee, four time help that can devote every day of overnmntl and the Secretary of tfrom the Senate Judiciary Committee, the week to coordinating our war on Treasury feels it Department's more important to use and four members appointed by the drugs and to implementing a national out the what Chase Manhattan resources to find President, Including the Commission strategy. By creating a commission in out what Chase Mattan has done Chairman. The Commission will evalu- and a drug coordinator we will be overextending itcen to eal Mahe ate U.S. policies governing drug inter- g cans the Secretary can app diction, international drug eradication, helping the President, the Vice Presi- y al to the diction, dent, the Attorney General, and, most President. gn and domestic intelligence-gath- importantly, the country in launching ering strategies, and oiRGUMENT AGAINST elements that must other f developed important mp t full-scale, full-time warfare against The administration has not had a build a truly national strategy to drugs. chance to explain their objections. combat drug smuggling. A final report I urge the adoption of my amend- RESPONSE combat drug miggli n would final report ment. The fact I am now listing arguments from the be sub- mitted concurrently to the Congress mainder of our time? Mr. BIDEN. May we reserve the re- made by the administration indicates and the administration by no later The PRESIDING OFFICER. Who listiforotheo committee the ti n stand than January 20, 1985. yields time? places just in the last year in which Mr. President, back in March of ----.. E RECORD - SENATE S 14661 CTOR OF NATIONAL year, the Vice President announced INTERNATIONAL R --- ------ Approved For Release 2008/11/26: CIA-RDP95B00895R000200080018-7 Approved For Release 2008/11/26: CIA-RDP95B00895R000200080018-7 S 14662 CO,.ORESSIONAL RECORD - SENATE October 26, 1983 the President or a member of the ex- We have reported a crime package, a Mr. STENNIS. Mr. President, I am ecutive branch has commented on this very fine package, which is ready to be totally opposed to drug traffic of any proposal. taken up at any moment that those on kind or the illegal sales or anything Department of Justice letter to the the other side withdraw their objec- else. We are bothered with it down in chairman dated September 30, 1982. tions. Mississippi. It seems as though Florida The President's memorandum of dis- We passed out several separate bills. has been more successful in banning approval in vetoing the crime bill We passed one out on capital punish- them and dealing with them. They dated January 14, 1983. ment, we passed one out on the exclu- changed and they come around our Countless news articles about the sionary rule, we passed one out with way now, come through south Missis- veto of the crime bill during the week respect to habeas corpus, we passed sippi. So I am totally opposed to it. of January 15. one out with respect to the Federal But the way to get at it is to get a Testimony by the Attorney General Tort Claims Act, and we passed one bill that is really put together by the and FBI Director Webster at an orga- out on the drug czar. Judiciary Committee and by the Sena- nized crime and drug trafficking hear- The reason they were not included tor from Delaware. There is no more ing on January 27, 1983, in this package is they are all contro- effective man in this party than he is, Testimony by Carlton Turner, Direc- versial, and if any one had been at- and experienced, too. for of the Office of Drug Abuse Policy tached to this crime package, there So let us put together a bill that will on February 17, 1983 before the House would have been a tussle and a fight be effective and brought about in the Judiciary Committee hearing entitled over that, and I am very pleased the right way, rather than the hurry- "coordination of drug enforcement ef- committee agreed unanimously, all of scurry thing here, putting it in an ap- forts". I the members of the committee, on the propriations bill. Senate Judiciary hearing on S. 829 crime package. We will just have to be firmer, I say the Comprehensive Crime Control Act But on these matters they are to the chairman of the committee. He of 1983 on May 4, 1983 when the At- highly controversial, and that is the is very effective in this, but we will torney General and Rudolph Guiliant, reason we sent them out separately. just have to be more firm with refer- former associate attorney general tes- The distinguished Senator from ence to so many of these amendments. tified. Delaware can bring this bill up, and I They have a lot of worth in them, but ARGUMENT AGAINST am sure will bring it up, in due time. it is the wrong place. The bill would create an unnecessary So this is not the appropriate place for We do not want to have to put a sign and costly layer of bureaucracy. this legislation. up down in the Appropriations room RESPONSE Mr- President, last year this was that says: "This was once the Appro- This is the argument that most trou- added to the crime package and the priations Committee room, but now it bles me. The whole purpose of this bill President vetoed the crime package. i is legislation on any subject anybody is to give one person authority to cut am confident that if we add this par- wants. Bring it in." through existing bureaucratic barriers ticular amendment to this appropri- So I think we will not delay the ef- to coordination. Indeed this adminis- ation bill the President will veto it. As fectiveness of the bill one bit to defeat tration's answer, like those in the past. I say, he has already vetoed a similar this, not on the merits, as I am insist- has been to create coordinating groups one last year. ing, but on procedure and get even a and councils. Indeed, we now have at He is against the crime czar. He has better bill with the sponsorhips of the least eight groups or councils or com- a setup which he thinks is working Senator from Delaware and those mittees that purport to coordinate the nicely. He does not want it interfered working with him, Senator DECONCINI activities of the nine Cabinet and 33 with. So why run the risk of killing from Arizona, and others. agencies involved in drug control and the supplemental bill, which has so I yield the floor. prevention. This is decision by consen- many valuable things in it, lust to put Mr. BIDEN. Mr. President, just one sus that leaves no one responsible and in this one little thing? I think it is a closing comment. I do not concede the is not efficent. The public would like mistake. Therefore, for those reasons, notion that the President will neces- to know and Congress would like to I oppose the amendment and hope it sarily veto this bill. I have been in dis- know, who is in charge? will be tabled. cussions with the administration. Let us be serious. We are not talking The PRESIDING OFFICER. Who They have been much more inclined here about more government-the yields time? to discuss the creation of such a posi- office in question need not be large. Mr. BIDEN. Mr. President, I yield tion as I have proposed. Indeed, its responsibilities could be myself such time as I may need. So although that might happen, and performed by personnel borrowed Mr. President, this is not the crime it did happen in the past, I do not from existing agencies. Also, we could bill. The Senator from South Carolina think we can say that with absolute do away with some of these layers of is absolutely correct. We agreed to not certainty, it will happen again. coordinating groups and councils that put this in the crime 'bill. But the Mr. President, I am prepared to vote. only further confuse the policy agreement we had was and remains Mr. STENNIS. Mr. President, if the making process. we are talking about that all those so-called controversial Senator would yield, it is correct, is it making the Government we have work amendments, this being one of those, not, that his bill is S. 1787, which is on right, and do the job it is supposed to could be moved in any way which the the calendar? do. not increasing its size. authors of those amendments felt ap- Mr. BIDEN. That is correct. Mr. President, I withhold the re- propriate, other than the crime bill. Mr. President, I am prepared to vote. mainder of my time and I yield the That is what we are doing there today. Mr. THURMOND. Mr. President, I floor. Mr. President, unless the Senator yield to the distinguished chairman of Mr. THURMOND. Mr. President, I from Georgia or the Senator from Ari- the Appropriations Committee. yield myself such time as I may re- zona would like some time, I am pre- Mr. HATFIELD. Mr. President, I quire. pared to yield back the time and vote would only say as a matter of record I rise in opposition to this amend- on the amendment. that I have discussed this matter with ment and I do it for several reasons. I ask for the yeas and nays on the not only the distinguished chairman The first is that it is not the appropri- amendment, of the Judiciary Committee but also ate legislation for this amendment. I The PRESIDING OFFICER. Is with Senator LAXALT, who has a keen want to say this: That on the calendar there a sufficient second? There is a interest in this bill. Senator LAXALT now we have a bill by the able and dis- sufficient second. has authorized me to indicate that tinguished Senator from Delaware, S. The yeas and nays were ordered. this amendment, which would provide 1787, which was reported from the Ju- Mr. THURMOND. Mr. President, I an automatic triggering mechanism, as diciary Committee and which ' can be will yield to the able Senator from I understand it, to put into place a co- considered in due time. Mississippi. ordinator for drug control at the end Approved For Release 2008/11/26: CIA-RDP95B00895R000200080018-7 Approved For Release 2008/11/26: CIA-RDP95B00895R000200080018-7 October 26, 1988 CONGRESSIONAL RECORD - SENATE S 14663 of a specified period of time, would be of Mexico as the prime supplier of the This is not the place for it here. The subject to veto by the President and, U.S. market for heroin created a President will, in my opinion, veto this on that basis, he is opposing the vacuum filled by poppy-growers in whole bill, so why run the risk? amendment. Southwest Asia, particularly Pakistan. Furthermore, we think the bill that As I say, I am merely authorized to Once again, I took to the road, secur- is being worked on now by the distin- make that communication to the body ing commitments from General Mo- guished Senator from Delaware with of the Senate at this time. harnmad Zla,-ul-Haq of Pakistan to the administration might be worked I yield back my time. take hold of the heroin problem. To out, something might be worked out. Mr. MOYNIHAN. Mr. President, I rise in sof this amendment to my knowledge, however, heroin con- Why go and pass this now, because rise support create Office of the Director of to tinues to flow from Southwest Asia. later, if the administration is not and eof the D Drug Opea- The resources of our Nation's drug en- pleased, they will certainly veto it. ationstional Such r office wi provide forcement agencies are being taxed ac- It seems to me the logical thing to needed coordination amongst the vide cordingly. do is give the Senator from Delaware eral Federal agencies that battle drug This history suggests the complexity more time to work with the adminis- abuse and drug-related crime in this of the task confronting those who tration on this particular matter. It is country, would lead the fight against drug traf- objectionable on this piece of legisla- By virtually any measure, this ficking and abuse. From the time the tion. The chairman and the manager Nation is barely holding its own poppies are cut in Pakistan or the can- of the bill is against it. The ranking against illicit drug use and commercial nabis is harvested in Colombia, to the member on the Appropriations Com- activity. In the last 13 years, Congress time that a young man or woman.pur- mittee is against it. The Judiciary has enacted a number of measures de- chases and consumes the drug on an Committee chairman is against it. We signed to reduce both the supply of inner-city street, at least seven Federal hope the Senate will table it. and the demand for drugs. These in- agencies have sought unsuccessfully to Mr. President, I move to table the clude the Foreign Assistance Act of halt its flow. Consider the organiza- amendment. 1971, which authorized suspension of tions that get involved at one time or The PRESIDING OFFICER. Time foreign aid to countries not cooperat- another-the Internal Revenue Serv- on the amendment has not been yield- ing in attempts to reduce the flow of ice, the Federal Bureau of Investiga- ed back. illegal drug traffic to the United tion, the U.S. Customs Service, the Mr. THURMOND. Mr. President, I States, while financing eradication Coast Guard, the Drug Enforcement yield back N. I i . programs in cooperative supplier-na- Administration, the Food and Drug Mr. BIDE yield bacMr. k Pre den. tions; the Reorganization Plan No. 2 Administration, and the U.S. Attor- Me THURMOND. nd President, I of 1973, to coordinate the efforts of ney's Office, to name but seven that move BIDEN. table the amemnt, many of the agencies related to the come to mind immediately. My Mr. President, I ask for prevention of illicit drug traffic; and at Each to these organizations does the the yeas Rand ES DI. least 55 other major and minor anti- very best job that it can. But I suggest The PRESIDING OFFICER. Is ffia t secoient second? There is a drug measures. we are in need of some coordination of there Yet-the supply and use of many dan- these agencies. As early as 1963, Presi- suffcient second. gerous drugs is rising and will continue dent Kennedy's Advisory Commission The yeas and nays were ordeR. to do so. The National Narcotics Intel- on Narcotic and Drug Abuse, known as The PRESIDING OFFICER. The question ligence Consumers Committee report- the Prettyman Commission, noted the is on agreeing to the motion ed that in 1981, the supply of heroin several agencies involved and deplored of tile Senator from South Carolina in the United States rose to 4.0 metric the f ragmentation `'HVthe Se ao rafro the amend we tons; for cocaine, that figure was 34-45 . The Commission of the Senator from Delaware metric tons; for hashish, 200 metric recommended the creation of a single (Mr. BIDEN), The yeas and nays have metr and for for hashish, upwards of new agency that would encompass the been ordered and the clerk will call tons; almost This unbelievable committee t metric noted a worsen- reaus, offices, and divisions of five dif- The assistant legislative clerk called tons. on of heroin and cocaine abuse in ferent cabinet departments. As the the roll. ig1, and predicted that the abuse in drug problem has worsened in the en- Mr. STEVENS. I announce that the ue to dtt that the situation would and least suing 20 years, the coordination has Senator from North Dakota (Mr. AN- continue n1985. The tin a to costs o to at least also deteriorated-despite the rhetoric DREws), the Senator from Kansas (Mr. are virtually incalculable, because of of every President since Kennedy. DOLE), the Senator from Minnesota the enormous amounts of crime, The establishment of an Office of (Mr. DURENBERGER), and the Senator health problems, and decreased pro- the Director of National and Interna- from Arizona (Mr. GOLDWATER) are health that accompany their use, tional Drug Operation and policy necessarily absent. Nevertheless, the General Accounting would not, by any means, eliminate Mr., CRANSTON. I announce that Office estimates that we are faced the problem of illicit drug activity. the Senator from South Carolina (Mr. with an $80 billion-a-year industry. My Indeed, many specific changes in laws, HOLLINGS) and the Senator from Mas- concern with the 'dangers of illicit such as reform of bail and sentencing sachusetts (Mr. TsoNGAS) are necessar- drug activity is long standing. While procedures as well as forfeiture regula- ily absent. serving as President Richard Nixon's tions, are needed badly. Nevertheless, I also announce that the Senator Assistant for Urban Affairs, I investi- the prospects for coordination raised from Michigan (Mr. RIEGLE) is absent gated the close relationship between by this proposal represent one immedi- because of illness in the family. many of the problems facing our ate and positive step that the Senate The PRESIDING OFFICER (Mr. cities, especially crime, and the prolif- can take in the increasingly difficult JEPSEN)? Is there any other Senator in eration of narcotics such as heroin. I struggle against drugs. the Chamber who desires to vote? traveled extensively to Calcutta, Istan- Mr. THURMOND. Mr. President, I The result was announced-yeas 40, bul, and Paris, in an effort to sever the will not take all of that time. I simply nays 53, as follows: "French Connection." With the coop- want to say that it has been a pleasure [Rollcall Vote No. 317 Leg.] eration of the French Government, we to work with the distinguished Sena- YEAS-40 did mana t t ge o s em the flow of heroin tor from Delaware, who is the ranking entering the United States via France. member of the Judiciary Committee. The beast is not easily put off. When In every way I could, I have tried to Mexico became the new center of the work with him and we got his bill out heroin trade, we worked with the of the committee. It is now on the cal- Mexican Government to coordinate a ender. It can reach the Senate in due swift and decisive response. The exit time. Abanor Garn Laxalt Armstrong Gorton Long Baker ey Lugar Cocf a Hatfield Mathias h n Hecht Mc clure Danforth Helms Murkowskl Denton Jepsen Nickles E at Kassebaum Packwood v Evans Kasten Percy Approved For Release 2008/11/26: CIA-RDP95B00895R000200080018-7 Approved For Release 2008/11/26: CIA-RDP95B00895R000200080018-7 S 14664 CONGRESSIONAL RECORD - SENATE October 26, 1983 Pressler Symms Warner tions involved and can act on pending In short, for those Senators who Quayle Thurmond Weicker Rudman Tower Wilson legislation on this issue, without the have not yet made up their minds on Stennis Trible undue pressure of new rules already the underlying issues and want to Stevens Wallop having been issued by the FCC. insure full, unfettered Senate review NAYS-53 I will comment on the merits of the before their options are even partially Baueus Eagleton Mattingly matter briefly. However, I would first foreclosed, retention of the Stevens Bentsen Exon Melcher like to address a jurisdictional issue amendment in the supplemental bill is Biden Ford Metzenbaum that has been raised as a basis for de- clearly the appropriate position. Bingaman Glenn Mitchell leting the Stevens amendment. The As for myself, however, after many Boren Hart Moynihan Boschwitz Committee has scheduled months of careful consideration of the Bradley adleytz Hatch Nunn Hawkins Pell hearings soon for legislation on this arguments offered by both sides, I be- Bumpers Heflin Proxmire matter introduced by the Senator lieve that the repeal or dilution of the Burdick Heinz Pryor from California (Mr. WILSON), which I financial interest rules poses substan- Chid Huddleston Randolph have cosponsored. Senators seeking to Byrd Humphrey y Roth tial dangers to the public interest and Cohen Inouye Sarbanes delete the Stevens provision suggest that the proponents of change have Cranston Johnston Sasser that it would defeat the Commerce not met their burden of showing what D?Amato Kennedy Simpson Committee's jurisdiction by prejudg- public DeConcini Lautenberg Specter ing the issue. On the contrary, Mr. benefits justify risking the very Dixon Leahy Stafford dangers that the rule has protected us Dodd Levin Zorinsky President, the provision insures not from for over a decade. Domenici Matsunaga only that the committee can hold For the past 11 years, the financial NOT VOTING-7 hearings on legislation, but also that interest and syndication rules have Ararews Goldwater Tsongas both the committee and the full protected hundreds of independent Dole Hollings Senate will be able to decide whether television stations throughout the Durenberger Riegle to pass it, before they are faced with country. They have also offered some So the motion to lay on the table preemptive action by the FCC. protection to numerous small- and amendment No. 2443 was rejected. An alternative approach may be pro- medium-sized independent television The PRESIDING OFFICER. The posed as a substitute for the Stevens program producers. The rules have question now is on agreeing to the amendment. This approach would protected both groups from the inher- amendment. The yeas and nays have leave the FCC free to issue its new ent dangers of the television networks been ordered. rules, but would prevent the imple- exercising their marketpower and Mr. BIDEN addressed the Chair. mentation of rules for the same period their ability to chill the competitive The PRESIDING OFFICER. The as the Stevens amendment. challenge posed by independent sta- Senator from Delaware is recognized. The argument is that by letting the tions to network affiliates and net- Mr. BIDEN. Mr. President, I ask FCC further revise its proposed new work owned stations. unanimous consent that the order for rules, we would be able to know what The effort to repeal these rules has the yeas and nays be vitiated. compromises the television networks marched under the popular banner of The PRESIDING OFFICER. Is might be willing to let the Commission "deregulation." As my colleagues there objection? The Chair hears make in its earlier proposals. know, I have championed true deregu- none, and it is so ordered. The answer to that suggestion is know,, where that means a return to Mr. BAKER addressed the Chair. simple. It is in fact a clever effort to free market competition in that indus- The PRESIDING OFFICER. The prevent the Congress from exercising try and palpable benefits to the gener- majority leader is recognized. its legislative prerogatives, uncon- al public. Mr. BAKER. Mr. President, since strained by an agency fait accompli. of television programing, that vote has been vitiated, I wish to Once the FCC formally promulgates In the announce there will be no more record new rules we will doubtless hear argu- the power three case over access networks s have have a ci unique l que votes tonight. ments that the Senate should hesitate pow powemovinng toonomm constraints an the Mr. President, I yield the floor. to overturn a formal ruling by the cess. exercise the Mr. BIDEN. Mr. President, I move FCC and should let the process of ju- undue Removing realistically be consithatdered power o power cannot nnot considered d c re the amendment. dicial review of that ruling take its aov real in any meaningful sense at this The PRESIDING OFFICER. If normal course without legislative in- develop- there is no more debate, the question terference. Moreover, those arguments time. tents There the may growth be future alternative evelop- is is on agreeing to the amendment. will be made by some of the very same markets for television programs that The amendment (No. 2443) was people who now suggest that letting agreed to. the formal FCC rule go forward will will significantly dilute this unique r. HATFIELD. Mr. President, I better preserve the status quo and network power; but that time has not move to reconsider the vote by which leave the Senate free to block unwise yet arrived. the amendment was agreed to. FCC action. It should be remembered, too, that Mr. BIDEN. I move to lay that Nor is this a case where the Senate the networks enjoy their special power motion on the table. would be acting without the benefit of by virtue of their operation on Gov- The motion to lay on the table was the relevant agency expertise and ernment controlled and granted broad- agreed to. record in this matter. There is a volu- cast frequencies. NETWORK FINANCIAL INTEREST RULES minous hearing record as well as Absent the present rules, I believe Mr. KENNEDY. Mr. President, the equally extensive comments by both there is a substantial risk that the net- Appropriations Committee has added sides on the proposed rules. The FCC works could extract unfair concessions a provision to the supplemental bill of- and other agencies have stated their from independent producers-specifi- fered by the Senator from Alaska, analysis of the issues. tally, that the producers give up more which deals with the so-called network To be candid, at this point we are of their rights to syndication profits financial interest rules of the Federal only talking about changes that the from their programs after network Communications Commission: The Commission might make as a matter showing, than they would voluntarily Stevens committee amendment places of political compromise in order to choose to sell. a 6-month moratorium on any FCC re- temper congressional reaction. Of Similarly, there is a substantial risk vision of those rules. course, if the FCC has second that the networks could hinder the I strongly support the Stevens provi- thoughts about its proposed rule and access of independent television sta- sion in the committee bill and urge my wants to revise it, that can be commu- tions to the syndication programing colleagues to defeat efforts to repeal nicated to the Senate without a formal that has enabled them to thrive over or to dilute it. All this provision does is final promulgation, for us to consider the past decade. The new FCC-pro- to preserve the status quo, so that the when we review the advisability of any posed syndication safeguard does not Senate can review the important ques- change in the rules. avert that danger. Approved For Release 2008/11/26: CIA-RDP95B00895R000200080018-7