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February 2, 1983
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Approved For Release 2008/11/26: CIA-RDP95B00895R00020008005-81 S 916 CONGRESSIONAL RECORD ? SENATE February 2,1983 which the project involved is, or is to be, lo- cated (3) such grants shall be made on a compet- itive basis, taking into consideration? (A) the extent of need for emergency housing in the area where the project in- volved is, or is to be, located; (B) in the case of any nonprofit organiza- tion, the extent of the need for funding by such organization; (C) the extent of non-Federal assistance to be provided with respect to the project involved, including in-kind contributions by volunteers: (D) in the case of any nonprofit organiza- tion, the demonstrated capacity of such or- ganization to establish and maintain the project involved; and (E) any other terms and conditions pre- scribed by the Secretary to carry out the project involved in an effective, expeditious, and efficient manner; (4) such grants may be used for the pur- pose of rehabilitating existing structures in order to provide basic shelter, maintaining structures providing such shelter, and paying for utilities of such structures, and for other purposes (other than salaries and administrative expenses) prescribed by the Secretary consistent with the purpose of this Act; and (5) in the case of any structure that is re- habilitated with assistance under this Act, such structure shall be used for emergency housing for at least three years, or at least ten years in any case in which the rehabili- tation involved is substantial. REGULATIONS SEC. 3. The Secretary shall issue regula- tions with respect to the demonstration pro- gram established in section 2 not later than ninety days after the date of the enactment of this Act. REPORT TO CONGRESS SEC. 4. The Secretary shall submit to the Congress (1) not later than April 1, 1983, an interim report concerning the demonstra- tion program established In section 2; and (2) not later than December 1, 1983, a final report concerning such program. FUNDING OF DEMONSTRATION PROGRAM SEC. 5. Of the additional authority ap- proved in appropriation Acts and made available during fiscal year 1983 pursuant to section 5(c) of the Housing Act of 1937, the Secretary shall utilize $50,000,000 to carry out the provisions of this Act.o r. PELL (for himself and ECONCINI): bill to strengthen bail re- quirements for individuals charged with drug offenses and to coordinate the national and international drug enforcement efforts of the Federal Government, in order to reduce drug trafficking and drug-related crime; to the Committee on the Judiciary. SAIL REQUIREMENTS FOR INDIVIDUALS CHARGED WITH DRUG OFFENSES Mr. FELL. Mr. President, I introduce for appropriate referral a bill on behalf of the Senator from Arizona (Mr. DECoticttri) and myself. The PRESIDING OFFICER. The bill will be received and appropriately referred. Mr. FELL. Mr. President, today Sen- ator DECoacian and I are introducing the National and International Drug Operations and Policy Act of 1983. I have been pleased to work closely with Senator DECoriCiNi in developing the ideas for this legislation, which was in- cluded as an amendment to the Vio- lent Crime and Drug Enforcement Im- provement Act. That bill was vetoed by President Reagan, despite its over- whelming passage in both the Senate and House during the 97th Congress. Because Senator IDECortcrtu and I believe that a Cabinet-level "drug czar" is vital to an effective national attack on drug abuse and trafficking, we are reintroducing this legislation at the beginning of the 98th Congress. To the "drug czar" bill we have two other long overdue reforms of the criminal justice system which have been championed by Senator DECoN- CINI in past Congresses. I know every Member of the Senate is deeply concerned about the mount- ing crime epidemic confronting our so- ciety today. In the course of 1 year, 1 out of every 3 households in the United States is touched in some form by this crime epidemic. Much of the mounting crime rate can be directly traced to the recent un- precedented increase in illegal drug trafficking throughout the United States. We are literally being engulfed by a flood of illegal drugs that are en- tering the country by sea, by air, and at our borders. And we see the byprod- ucts of this problem daily in our own communities: In the stores and homes burglarized by addicts supporting their drug habit, and the Innocent citi- zens who are victimized by muggings, assaults, and other violent drug relat- ed crimes. Law enforcement officials estimate that between 40 and 60 percent of all serious crimes that occurred in the United States in 1981 were drug-relat- ed. Drug trafficking has become an $80 billion a year untaxed big business in the United States, producing an alarming increase in drug overdose deaths and addiction rates. We have an estimated 492,000 heroin addicts in this country, 90 percent of whom are believed to support their habit through criminal activity. Moreover, the Drug Enforcement Administration estimates that there are 15 million co- caine users in the United States con- suming approximately 60 metric tons of the drug each year. ? This is a problem that?by its very nature?local law enforcement is virtu- ally powerless to control. Nearly all the dangerous drugs consumed in the United States are smuggled into the country from other nations, notably from South America and the Caribbe- an area, as well as the "Golden Cres- cent" of Southwest Asia and the "Golden Triangle" of Southeast Asia. Earlier this week a United Nations Agency, ? the International Narcotics Control Board in Vienna, reported that the production of illegal drugs is growing throughout most of the world, overwhelming the resources presently devoted to containing the problem. Despite the best efforts of a number of agencies?and successful initiatives such as the Florida task force?we are losing the battle against drug traffick- ers. Efforts to curb drug trafficking in some areas have simply forced well-fi- nanced smugglers to find more ingen- ious methods and new routes. The best estimates are that we are stopping no more than 10 to 15 percent of all the dangerous drugs being smuggled into the United States, despite the fact that the money spent by the Federal Government to intercept drugs tripled from 1977 to 1981. Perhaps our most important failure has been the lack of a consistent and well-coordinated national strategy. No high-level official presently has the authority to set overall policy and to coordinate the many departments and agencies?spread throughout the Gov- ernment?with responsibilities in this area. Moreover, no official has the lead responsibility for overseas drug enforcement and spearheading greater international efforts to reduce drug trafficking. Besides the Justice Department, which includes the FBI and the Drug Enforcement Administration, the other principal departments involved in drug enforcement are the State De- partment, the Transportation Depart- ment, which includes the Coast Guard, the Treasury Department, which includes the IRS, the Customs Service and the Bureau of Alcohol, To- bacco, and Firearms, and the CIA. The bill Senator DaCoitaitt and I are introducing would provide the policy direction and coordination be- tween agencies that has been sorely lacking. It would establish within the executive branch a Cabinet-level posi- tion of the Director of National and International Drug Operations and Policy. The Director would report di- rectly to the President and be respon- sible for the development, review, im- plementation, and enforcement of all U.S. Government policy with respect to illegal drugs. Be or she would have the authority to bring the various agencies together, pooling their staffs and resources where appropriate, to act with a single voice and authority against drug traffickers. I would emphasize that this position does not entail additional bureaucracy, something we all want to avoid. There is nothing in our bill to prevent the President from designating someone already at the Cabinet level to fill this new position. Our bill will provide the leadership we must have to win the war against drug-related crime. We cannot rely on short-term success as we have had re- cently in Florida. We need a consistent attack on this problem at the highest levels of our Government, starting with a clearcut strategy for combating drug trafficking to all regions of the country. A Cabinet-level Director of National Drug Operations and Policy will provide the high-level, responsible Approved For Release 2008/11/26 : CIA-RDP95B00895R000200080035-8 February 2, 1983 Approved For Release 2008/11/26: CIA-RDP95B00895R000200080035-8 CONGRESSIONAL RECORD ? SENATE S 917 and effective leadership that is pres- ently lacking in the war on crime and drugs. I urge my colleagues to join Senator DECoNcrrn and me in support- ing the establishment of this badly needed position. Section 1 of this bill is a provision developed last year by Senator DECort- cum It requires that bail bonds for drug dealers and traffickers be set, at a minimum, at the street value of the drugs seized at the time of the arrest. This change in our criminal laws is necessary to strengthen the hand of prosecutors against drug traffickers who are readily able to meet current bail bond requirements and flaunt the Judicial system. The final section of the bill is Senator DaCoNcnit's Feder- al Diversion Act, establishing a Feder- al pretrial diversion program for non- violent first-time offenders. I ask unanimous consent that the full text of the bill be printed in the RECORD following the remarks of Sena- tor DECoactat. The PRESIDING OFFICER. With- out objection. it is so ordered. (See exhibit 1.) Mr. DECONCLNI. Mr. President, I am pleased to join my colleague, Mr. PELL, in reintroducing a bill that was overwhelmingly and repeatedly ap- proved by this body last year. The bill would create an Office of National and International Drug Operations and Policy. The Director of this Office would have the responsibility for de- veloping and coordinating the drug en- forcement activities of all Federal agencies. It is absolutely necessary that the United States have a coordinated and consistent direction to its drug en- forcement efforts. It is clear that we do not have this unified approach at present and I do not believe that we can until one individual is given the re- sponsibility to develop strategy and then monitor its implementation with authority to demand compliance to it. Establishment of a single responsible high-level official in the Government to provide leadership is the most con- structive step we can take to reduce the rampant criminal activity which results from the trafficking of drugs. The origin of this concept was the 1979 GAO report to Congress, "Gains Made in Controlling Illegal Drugs, Yet the Drug Trade Flourishes." In that report, the GAO found that organiza- tion difficulties between Federal agen- cies diluted our law enforcement ef- forts and that inconsistent and some- times conflicting drug policies resulted in no clear overall direction to our drug enforcement activities. The 1979 report stated: If any improvement is to be made in co- ordinating Federal drug control efforts, someone is needed who has a clear delega- tion of authority from the President to monitor activities and demand corrective ac- tivities. A soon-to-be-released GAO report in- dicates that little progress has been made since the 1979 report. Only 16 percent of the marihuana and less than 10 percent of the heroin, cocaine, and dangerous drugs that are entering this country are seized through total drug enforcement efforts. The draft GAO report indicates that the Federal Government's fragmented system of drug enforcement and interagency competition has limited the effective- ness of drug interdiction efforts. The 1983 GAO report reaffirms its above- quoted recommendation of 1979 and further recommends that "the Presi- dent make a clear delegation of re- sponsibility to one group to monitor and evaluate activities (in drug law en- forcement) and demand corrective ac- tions." The bill we are introducing today would simply codify the GAO recom- mendation and grant this responsibili- ty to a new and =alined executive branch official. The bill also includes the provisions of two bills that I introduced in the 97th Congress. One provision, which is also aimed at fighting drug trafficking, would require that bail bonds for drug dealers and traffickers be set, at a minimum, at the street value of the drug seized at the time of arrest. The street value of the drug would be de- termined at the detention hearing at which bail would be set. The drug dealer and trafficker is the linchpin in these smuggling oper- ations. However, once apprehended the dealer or trafficker can often draw on larger financial resources to meet the bail bond imposed with very little effect on those resources. Once on the street, the dealer disappears or promptly returns to his former busi- ness. With this proposed legislation. we hope to end the outrageous flaunt- ing of our bail bond system. We are proposing a realistic approach to insure that the purposes of the bail bonding system, assurance of appear- ance and protection of the community, are truly met. The only constitutional right con- ferred by the bail provision of the eighth amendment is that bail not be excessive. Bail is not excessive when the amount set is reasonable under the circumstances to guarantee the ap- pearance of the accused at trial. With large resources at his command, the dealer and trafficker can easily meet large bonds, even those in excess of $1 million. Mr. President, the struggle against drug smuggling has been long and ex- pensive, and it will continue to be long and expensive until we begin to con- trol aspects of this insidious traffic with practical and direct devices like those embodied in this proposed legis- lation. Mr. President, in addition to the two provisions I have already discussed, as has been pointed out by the distin- guished Senator from Rhode Island, this bill includes the Federal Diversion Act of 1983. This legislation was passed by the Senate on two occasions and permits the prosecutor's office to have some procedure set up to divert certain offenders who are nonviolent offenders who have no record of past criminal participation. The concept is known as the "diversion project" in many States, including the State of Arizona, where it has been used most successfully. It has operated success- fully in Michigan and several other States. I hope the Judiciary Committee will give prompt attention to this entire package which has been introduced by the Senator from Rhode Island. It is long overdue. We were 'most dismayed that the President vetoed the crime package that Congress passed in the waning days of the 97th Congress. it was the only major legislation dealing with crime and the prevention of crime that came out of the 97th Congress, and the President elected to veto it. We are now seeking and searching for leadership. I hope the administra- tion will look at this piece of legisla- tion carefully and will reassess its ob- jections to the Office of National and International Drug Operations and Policy. I think that if they will take the time to read the 1979 GAO report to Congress, entitled "Gains Made in Controlling Illegal Drugs, Yet, the Drug Traffic Flourishes," they will learn a lot about the coordination problems and will decide to support this legislation. The Senator from Rhode Island and 132 other Members of the Senate voted for this provision last September, and it also was passed by the House of Representatives. There being no objection. the bill was ordered to be printed in the RECORD, as follows: 8. 406 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That sub- section (b) of section 3146 of title 18, United States Code, is amended by adding at the end thereof the following: "Notwithstand- ing subsection (a), in a case that involves an offense for which a maximum term of im- prisonment of ten years or more is pre- scribed in the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Sub- stances Import and Export Act (21 U.S.C. 951 et seq.), or section 1 of Public Law 96- 350 (21 U.S.C. 955a), the judicial officer shall require the execution of a bail bond in an amount equal to or above the street value of the drugs seized incident to the arrest. The street value of the drugs shall be determined at a detention hearing by the judicial officer and subject to verification by expert testimony.". Sec. 2. Sections 2 through 8 of this Act may be cited as the "National and Interna- tional Drug Operations and Policy Act of 1983". Sec. 3. (a) The Congress hereby makes the following findings: (1) The flow of illegal narcotics into the United States is a major and growing prob- lem. (2) The problem of illegal drug activity falls across the entire spectrum of Federal activities both nationally and international- ly. (3) Illegal drug trafficking is estimated by the General Accounting Office to be an Approved For Release 2008/11/26: CIA-RDP95B00895R000200080035-8 Approved For Release 2008/11/26: CIA-RDP95B00895R000200080035-8 S 918 CONGRESSIONAL RECORD ? SENATE 680,000,000.000 a year industry in the United States. (4) The annual consumption of heroin in the United States is in the range of four metric tons, and annual domestic consump- tion of cocaine is estimated to be sixty metric tons. Moreover, there are estimated to be about four hundred and ninety-two thousand known heroin addicts in the United States and about fifteen million co- caine users. (5) Despite the efforts of the United States Government and other nations, the mechanisms for smuggling opium and other hard drugs into the United States remain virtually intact and United States agencies estimate that they are able to interdict no more than 10 to 15 per centum of all hard drugs flowing into the country. (6) Such significant indicators of the drug problem as drug-related deaths, emergency room visits, and hospital admissions due to drug-related incidents, and addiction rates are soaring. (7) Increased drug trafficking is strongly linked to violent, addiction-related crime and recent studies have shown that over 90 Per centum of heroin users rely upon crimi- nal activity as a means of income. It is esti- mated that between 40 and 80 per centum of all serious crimes that occurred in the United States in 1981 were drug related. (8) Much of the drug trafficking is han- dled by organized crime networks and syndi- cates which results in increased violence and criminal activity because of the competitive struggle for control of the domestic drug market. (9) Controlling the supply of illicit drugs is a key to reducing the crime epidemic con- fronting every region of the country. (10) The magnitude and scope of the prob- lem requires a Cabinet-level Director of Na- tional and International Drug Operations and Policy with the responsibility for the coordination and direction of all Federal ef- forts by the numerous agencies. (11) Such a Director must have broad au- thority and responsibility for making man- agement, policy, and budgetary decisions with respect to all Federal agencies involved in attacking this problem so that a unified and efficient effort can be made to elimi- nate the illegal drug problem. (b) It is the purpose of this Act to insure? (1) the development of a national Policy with respect to illegal drugs; (2) the direction and coordination of all Federal agencies involved in the effort to implement such a policy; and (3) that a single, competent, and responsi- ble Cabinet-level official of the United States Government, who is appointed by the President, by and with the advice and consent of the Senate, and who is account- able to the Congress and the American People, will be charged with the responsibil- ity of coordinating the overall direction of United States policy, resources, and oper- ations with respect to the illegal drug prob- lem. Sec. 4. There is established in the execu- tive branch of the Government a Cabinet- level office to be known as the "Office of the Director of National and International Drug Operations and Policy" (hereinafter in this Act referred to as the "Office of the Di- rector"). There shall be at the head of the Office of the Director a Director of National and International Drug Operations and Policy (hereinafter in this Act referred to as the "Director"). There shall be a Deputy Di- rector of National and International Drug Operations and Policy (hereinafter in this Act referred to as the "Deputy Director") to assist the Director in carrying out the Direc- tor's functions under this Act. Sec. S. (a)(1) The Director and the Deputy Director shall be appointed by the Presi- dent, by and with the advice and consent of the Senate. The Director and the Deputy Director shall each serve at the pleasure of the President. No person may serve as Di- rector or Deputy Director for a period of more than four years unless such person is reappointed to that same office by the President, by and with the advice and con- sent of the Senate. The Director shall be en- titled to the compensation provided for in section 5311, title 5, United States Code. The Deputy Director shall be entitled to the compensation provided for in section 5313, title 5, United States Code. (2) Nothing in this Act or any other provi- sion of law shall prohibit the appointment as Director or Deputy Director of any person whom the President has previously appointed, by and with the advice and con- sent of the Senate, to another Cabinet-level office. Any such person shall serve as Direc- tor or Deputy Director without compensa- tion. (b) The Director shall serve as the princi- pal director and coordinator of United States operations and policy on illegal drugs. (c) The Director shall have the responsibility, and is authorized to? (1) develop, review, implement, and en- force United States Government policy with respect to illegal drugs; (2) direct and coordinate all United States Government efforts to halt the flow into, and sale and use of illegal drugs within the United States; (3) develop in concept with governmental entities budgetary priorities and budgetary allocations of entities of the United States Government with respect to illegal drugs; and (4) coordinate the collection and dissemi- nation of information necessary to imple- ment United States policy with respect to il- legal drugs. (d) In carrying out his responsibilities under subsection (c) the Director is author- ized to? (1) direct, with the concurrence of the head of the agency employing such person- nel, the temporary reassignment of govern- ment. personnel within the United States Government in order to implement United States policy with respect to illegal drugs; (2) procure temporary and intermittent services under section 3109(b) of title 5 of the United States Code, but at rates for in- dividuals not to exceed the daily equivalent of the maximum annual rate of basic Pay payable for the grade of GS-18 of the Gen- eral Schedule; (3) accept and use donations of property from all government agencies; and (4) use the mails in the same manner as any other department or agency of the ex- ecutive branch. (e) Notwithstanding any other provision of law, rule, or regulation to the contrary, the Director shall have the authority to direct each department or agency with re- sponsibility for drug control to carry out the Policies established by the Director consist- ent with the general authority of each agency or department. (f) The Administrator of the General Services Administration shall provide to the Director on a reimbursable basis such ad- ministrative support services as the Director may request. SEC. 6. The Director shall submit to the Congress, within nine months after enact- ment of this Act, and annually thereafter, a full and complete report reflecting United States policy with respect to illegal drugs, plans proposed for the implementation of such policy, and, commencing with the sub- February 2, 1.983 mission of the second report, a full and com- plete report reflecting accomplishments with respect to the United States policy and plans theretofore submitted to the Con- gress. SEC. 7. For the purpose of carrying out this Act, there are authorized to be appro- priated $500,000 for fiscal year 1984, and such sums as may be necessary for each of the four succeeding fiscal years, to be avail- able until expended. SEC. 8. This title may be cited as the "Fed- eral Diversion Act of 1983." SEC. 102. The Congress finds and declares that: (1) in the interest of operating the Federal criminal justice system efficiently, protect- ing society, and deterring individuals charged with violating criminal laws from future criminal acts can be served by creat- ing alternatives to prosecution; and (2) such alternatives can be accomplished in appropriate cases without losing the gen- eral deterrent effect of the criminal justice system. SEC. 103. (a) Title 18 of the United States Code is amended by adding immediately after chapter 209 the following new chapter. "CHAPTER 210?DIVERSION "Sec. "3201. Definitions. "3202. Admission to diversion program. "3203. Voluntariness of waiver of rights. "3204. Inadmissibility of diversion informa tion. "3205. Constitution and dismissal of charges. "3206. Termination; review; completion; withdrawal. "3207. District panel. "3208. Authority of the Attorney General. '13201. Definitions "As used in this chapter, the term? "(1) 'eligible individual' means any person against whom a prosecutable case exists for an offense against the United States where? "(A) the alleged offense did not involve the threat or infliction of serious bodily injury to other persons; "(B) it is reasonably foreseeable that the person will not commit violent acts if ad- mitted to a diversion program; "(C) the person has not exhibited a con- tinuing pattern of criminal behavior; "(D) the person meets the criteria estab- lished by regulations issued by the Attorney General and guidelines established by the attorney for the Government in the district where the indictment, information, or com- plaint is filed; and "(E) the person is admitted to participa- tion in a diversion program by the attorney for the Government in the district in which the indictment, information, or complaint is filed; "(2) 'diversion program' may include, but is not limited to. medical, educational, voca- tional, social, and psychological services; corrective and preventative guidance, train- ing. and counseling; provision for residence In a halfway house or other suitable place; other services designed to protect the public and benefit the individual; restitution to vic- tims of the offense or offenses charged; and uncompensated service to the community; "(3) 'diversion plan' means a written agreement, signed by the eligible individual, defense counsel, diversion administrator, and the attorney for the Government, that states those elements of a diversion program in which the eligible individual will partici- pate to assure that he will lead a lawful life, and states the length of time required to complete the plan; but in no event shall a diversion plan exceed twelve months except Approved For Release 2008/11/26: CIA-RDP95B00895R000200080035-8 uary 2, 1983 Approved For Release 2008/11/26: CIA-RDP95B00895R000200080035-8 CONGRESSIONAL RECORD ? SENATE S 919 J allow the person admitted sufficient time to make restitution; and "(4) 'diversion administrator' means a person designated by the Attorney General, after consultation with the district planning group, as administrator of the diversion pro- gram; except that in those districts in which a chief pretrial services officer has been ap- pointed by a panel consisting of the chief Judge of the circuit, the chief judge of the district, and a magistrate of the district (or their respective designees), the chief pre- trial services officer shall also serve as the diversion administrator. '13202. Admission to diversion program "(a) The diversion administrator or his as- sistants shall, to the extent possible, upon arrest or the issuance of a summons or as soon thereafter as possible, review the alle- gations against each person charged with a criminal offense against the United States and interview each person who he believes may be eligible for diversion. The diversion administrator shall then make a report to the attorney for the Government on the elf, gibility of each person charged. A person who has not had the anegations against him reviewed may request to be considered for admission by application to the diversion administrator. The attorney for the Govern- ment may require further investigation by the diversion administrator of a. person being considered for admission with the consent of that person. If the attorney for the Government determtnes that a person is suitable, the diversion administrator shaD prepare a diversion plan. Upon agreement of the attorney for the Government, diver- sion administrator, eligible person, and de- fense counsel about the elements of the plan, the attorney for the Government shall assign supervision of the plan to the diver- sion administrator. A determination of eligi- bility or suitability by the attorney for the Government shall not be subject to review except as otherwise provided bg law. "(b) The diversion administrator shall report to the attorney for the Government on the progress of the person in carrying out his plan in a manner and at times the attorney for the Government and diversion administrator deem appropriate and shall at the same time provide a copy of each such report to the person and defense counsel. '1 3203. Voluntariness of waiver of rights "No person shall be admitted to a diver- sion program unless he has voluntarily agreed to participate and has received a copy of his diversion plan, and has vohmtar- ny waived, in the presense of a judge or magistrate and with the advice of counsel (except in a case where counse) has been voluntarily waived), all applicable statutes of limitations and his right to a speedy trial for the period of diversion. '13204. Inadmissibility of diversion information "Whenever a person is admitted is a di- version program and his diversion plan is later terminated or the person withdraws and prosecution is resumed, any statement made or other information given by the person in connection with the determina- tion of his eligibility or suitability for the program, any statement made by the person while participating in an activity of the pro- gram, and any statement, report or other in- formation concerning his participation in the program shall not be admissible against the person on the issue of his guilt of the offense that was the basis for diversion in any judicial proceeding in which he is ac- cused of the offense. This section shall not be construed to limit the admissibility of any information for purposes of impeach- ment. '13205. Continuation and dismissal of charges "In each case involving a. person who is admitted to a diversion program under this chapter, the criminal charges against the person shall be continued without final dis- position for the period agreed upon in the diversion plan, unless the admission is ter- minated, completed earlier, or the person withdraws pursuant to section 3208 of this chapter. Upon the expiration of the diver- sion period, the attorney for the GoVerm- ment shall file a dismissal with prejudice as provided in section 3208(C). Nothing in this. paragraph shall be construed to limit fur- ther investigation of the offense charged or presentation of evidence to a grand jun, during the diversion period. '13206. Termination; review; completion; with- drawal -(a) If the attorney for the Government finds the person is not fulfilling his obliga- tions ander the gdart or has dbcoeered facts previously unknoem to him demonstrating that the person is not suitable for diversion. the attorney for the Government may resume prosecution. The attorney for the Government shall make a written sts.tensent of the factual basis for his determination to, resume prosecution and transmit copies to the person and to defense counsel. The person and defense counsel shall thereafter be notified of their opportunity to appear before the attorney for the Government and the diversion administrator to contest the determination within a reasonable time as established by the Attorney General. "(b) If the person fails to contest the de- termination of the attorney for the Govern- ment within the time specified, no farther review of the determination shall be grant- ed. If, on the appearance of the person and defense counsel before the attorney for the Government and the diversion adtairdstra- tor. the attorney for the Government deter- mines that prosecution shall be resumed. the person may petition the court for review. If the court finds that no fact exists upon which the attorney for the Govern- ment could base a determination to resume prosecution, the court shall order that the meson be allowed to fulfill his obligations under the plan or &all dismen the charges if the court finds that ail such obligations have been fulfilled. In a proceeding under the provisions of this subsection,,, evidence shall be admissible regardless of its admissi- bility in a trial on the offense. "(c) If the diversion administrator certi- fies to the attorney for the Government at any time during the period of diversion that the person has fulfilled his obikattletss and successfully completed the plan, said if the attorney for the Government concurs, the attorney for the Government shall file, by leave of court, a dismissal with prejudice of the indictment, Information, or complaint against the person. "(d) A person participating in a diversion plan may withdraw at any time, and the at- torney for the Government may resume prosecution. "(e) Whenever a diversion plan is termi- nated or the person withdraws before com- pletion of the plan and the prosecution is resumed resulting in a. conviction, the court shall consider the length and nature of the defendent's participation in the plan and may credit such participation as time served toward any sentence of probation or incar- ceration. "03207. District panel "(al The panel established by section 9 (b) of this title, together with the 'Overdo administrator and such other individuate as the panel may appoint, shall constitute a di- version advisory committee. The panel may appoint individuals representing agencies to which persons are referred under a diver- sion program pursuant to this chapter. The group shall plan the implementation of the diversion program for the district and review on a regular basis the administration and progress of such program. The group shall report to the Attorney General at times and in a manner as the Attorney Gen- eral shall prescribe. "(b) Members of the group shall not be compensated, but may be reimbursed pursu- ant to section 3208 for reasonable expenses incurred by them in carrying out their duties as members of the committee. "53208. Authority of the Attorney General "(a), In carrying out the provisions of this chapter, the Attorney General shall? "(1) reimburse agencies of the judicial branch of the Government for the cost of services of United States probation officers, pretrial service officers, and employees ether than Judges. magistrates, or !Federal public defenders, necessary to carry out the purposes of this chapter; "(2) employ and fix the compensation of such persons as he determines necessary to carry out the purposes of this chapter, with- out regard to the provisions of title 5, Milted States Code, relating to appoint- ments in the competitive services and the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to Classi- fication and General Schedule pay rates; "(3T acquire such facilities, services, and materials as he determines necessary to carry out the purposes of this chapter; and "(4) enter into contracts and either agree- ments without regard to adveetisiag require- ments for the acquisition of such personnel, facilities, services, and materials which he determines necessary to carry out the pur- poses of this chapter. "(b) In addition to the responsibilities de- scribed in subsection (a), the Attorney Gen- eral shall? "(1) issue, within one hundred and eighty days after the effective date of this section, regulations for use by the United States at- torneys governing recommendations of per- sons to diversion programs; "(2) conduct research and prepare concise annual reports for the President, the Con- gress, and the Judicial Conference showing the progress of all Aversion programs in ful- filling the purposes set forth in this chap- ter; "(3) provide for the audit of any funds ex- pended under the provisions of this chapter other than funds expended to provide for defense counsel; "(4) be authorized to accept voluntary and uncompensated services; and "(5) promote the cooperation of the De- partment of Justice, local diversion pro- grams, and all agencies which provide edu- cation, training, counseling, legal, employ- ment, or other social services under any Act of Congress to assure that eligible individ- uals admitted to diversion programs can benefit to the extent possible." (b) The table of chapters for title 18, United States Code, and for part II of title 18, United States Code, are each amended by inserting immediately after the item re- lating to chapter 209 the following: "210. Diversion 3201.". Sac. 9. This Act shall be effective October 1, 1983. By Mr. NUNN (for himself and to improve the enforce- export administration laws, and for other purposes; to the Corn. Approved For Release 2008/11/26: CIA-RDP95B00895R000200080035-8 Approved For Release 2008/11/26 : CIA-RDP95B00895R000200080035-8 S 920 CONGRESSIONAL RECORD ? SENATE on Banking, Housing, and airs. bill to control the distribu- itive technical research re- ports, to protect technical data from theft under certain circumstances, and r purposes; to the Committee ciary. ill to limit the Freedom of Act to U.S. citizens and certam ? ers; to the Committee on the Judiciary. LEGISLATION TO HALT THE FLOW OF U.S. TECHNOLOGY ABROAD Mr. NUNN. Mr. President, on behalf of myself and Senator CHILES, I am today introducing three bills designed to halt the flow of American high technology and defense secrets to the Soviet Union and other Communist bloc countries. The bills that I now propose in an attempt to blunt the So- viet's drive to acquire U.S. technology are entitled, "The Export Administra- tion Enforcement Act of 1983," "The Technology Security Enforcement Act of 1983," and "The Citizens Informa- tion Act of 1983." This legislative package is the out- growth of extensive hearings held by the Senate Permanent Subcommittee on Investigations resulting from an 18- month investigation by the minority staff of the subcommittee under my direction as ranking minority member. In 5 days of hearings in May 1982, some 26 witnesses testified and 38 ex- hibits were received, resulting in a hearing record of more than 600 pages. The central point of the staff inves- tigation and subcommittee hearings was that the Soviet Union and its sat- ellite states were unable to develop and manufacture sufficient quantities of high-technology equipment to sup- port their military and industrial needs. As a consequence of this defi- ciency, we learned that the Soviets rely extensively on high technology from the United States and its major trading partners. Information developed in the inves- tigation indicated that the Soviets have made the acquisition of U.S. technology, both classified and unclas- sified, an important priority. Their effort to obtain American microelec- tronic, laser, radar, and precision man- ufacturing technologies is massive, well planned and well managed. The Soviets technology acquisition pro- gram has a high priority within the Kremlin and has been approved by senior Communist Party and govern- ment officials. The testimony and evidence at the subcommittee hearings indicated that the Soviets are increasingly adept at obtaining American technical know- how, while all too often the U.S. re- sponse has been inadequate to the challenge. I must say, Mr. President, that this inadequate response has been bipartisan in nature. We are talk- ing about a problem not just of this current administration but of prior ad- ministrations. One of the first improvements the Government must make is to strength- en its intelligence capabilities. The way high-technology export controls are administered now, too many items are controlled, and because the Gov- ernment tries to control too many commodities, it fails to keep- track of those products the Soviets desire most. These bills I propose today should be the first step toward a greater aware- ness of the problem of coordinating our intelligence to respond to the spe- cific thrusts of the Soviets acquisition scheme. Through this legislation we call upon the President to respond to the current threat of Soviet technology ac- quisition by improving the way high- technology controls are currently ad- ministered. Frequently, the assertion was made at the hearings that the United States may be trying to control too many commodities. Because it tries to do too much, the Government actu- ally ends up controlling fewer goods. An improved system of export regula- tions would focus on only those high- technology items the Soviets want and must have. Mr. President, that is what this legislation calls for. Through such a system, the number of controlled Items would be reduced as the protec- tion increases since the law enforce- ment response would not be spread as thin. At the same time, foreign com- merce would improve with the elimi- nation of the needless redtape and reg- ulations. Witnesses from the defense and in- telligence communities testified that the Soviets view American technology as their own resources, to be utilized whenever needed. By relying on American technical development, the Soviets save time, resources, and tre- mendous amounts of research and de- velopment costs. If they used our tech- nology to enhance the lives of their people, the problem would not be so serious. But what we have learned is that the Soviets devote very little of our technology to consumer products. Instead, they make military applica- tions of it in virtually every instance. Little of it benefits the Soviet consum- er or private citizen. This total empha- sis upon their war-making capabilities forces us to upgrade our own military capability. Like a "Catch-22," we thereby end up competing with our own technology. Mr. President, this vicious and costly circle must be broken. The three bills I now introduce can play a significant role in breaking such a vicious circle. The thrust of the first bill I propose today, the Export Administration En- forcement Act of 1983, is to correct some of the problems now facing the U.S. law enforcement community in its attempt to check the illegal flow of high technology. It amends the Export Administration Act of 1979 in certain specific areas that our investi- gation showed were critical for im- provement of our law enforcement re- sponse. February 2, .1. Specifically, the bill makes unlawful the possession, or attempted posses- sion, of restricted technological goods with an intent to export those goods. Hearing evidence established the many difficulties law enforcement au- thorities encounter in the prosecution and investigation of export offenses. One of the main problems lies in the absence of any criminal offense until a suspect actually "exports" the tech- nology in question. This part of the legislation would finally give the criminal law enforcement community a realistic tool to fight the criminal ex- porter who utilizes all of the advan- tages of our highly mobile 20th cen- tury to evade detection and apprehen- sion. Second, this bill would transfer the criminal enforcement component of the Export Administration Act from the Departmnent of Commerce to the Customs Service. The Department of Commerce presently maintains pri- mary law enforcement responsibility, with secondary jurisdiction resting in the Customs Service. However, evi- dence developed at the hearings, and through the detailed minority staff in- vestigation, revealed a lack of tradi- tional law enforcement capabilities at the Department of Commerce. These include shortages in manpower, equip- ment, fundamental law enforcement training, and experience. It was the finding of the minority staff of the Permanent Subcommittee on Investigations that the national se- curity implications of enforcement of the Export Administration Act are too important to be entrusted any longer to the Commerce Department as pres- ently organized. For three decades this important enforcement function has resided with the Commerce Depart- ment. Three decades is sufficient time to allow reasonably capable officials to perfect the most challenging task. But In this case, after three decades, seri- ous procedural and operational prob- lems still exist in the Commerce De- partment. Mr. President, the evidence strongly suggests that the Commerce Depart- ment to date has been unable to en- force the Export Administration Act in the face of mounting Soviet efforts to secure sensitive American technol- ogy. This bill would place the enforce- ment of this most serious defense of our Nation's security in the Customs Service which has established a note- worthy track record in their enforce- ment of the similar Arms Export Con- trol Act and other criminal statutes. Additionally, this bill broadens the enforcement tools currently available to the U.S. Customs Service. It gives our customs officers the express au- thority for warrantless arrest and search and seizure in cases of out- bound cargo and persons where they have reasonable cause to believe high technology is about to be smuggled out of the country. I should emphasize that this new section is equivalent to Annroved For Release 2008/11/26 : CIA-RDP95B00895R000200080035-8