Anti-Drug Abuse Act: memoranda, letters, resolution, and congressional record

M E M O R A N D U M

TO: REPUBLICAN SENATORS

FROM: STAFF TASK FORCE ON OMNIBUS DRUG BILL

SUBJECT: REPUBLICAN DRUG BILL

Attached is a summary of the Republican drug proposal which

will be released to the public at a press conference on Thursday.

The main focus of the bill is contained in three points:

1) DEMAND REDUCTION. By both applying a new policy toward

user accountability and by providing increased funding for

treatment, education and prevention, the bill seeks to create a

new attitude that while we will provide assistance to those

truely interested becoming drug-free, drug users must be made to

be responsible for their actions.

2) POST ARREST PROGRAMS. While Republican Senators are

proud of their record of leadership in enacting the strong

criminal penalties established in the Anti-Drug Abuse Act of

1986, prosecuting attorneys, the courts and the prison system are

experiencing massive increases in caseloads. To help alleviate

this additional burden, the bill directs new resources to these

"Post Arrest Programs" to ensure those arrested for drug crimes

will be prosecuted and, if convicted, will serve the stiff

sentences imposed by the 1986 law.

3) DOMESTIC ERADICATION. For the first time, the United

States has become a "drug source" exporting country for

marijuana, as well as a trans-shipping country for cocaine. In

addition, most of the so-called "designer drugs" sold in the

United States are manufactured here. If we are to be successful

in assisting other countries in eradicating drugs at the source

of production, we must also move aggressively to eliminate

illicit drug production in the United States. Therefore, the

bill would create a new "Precursor Chemical" program to help law

enforcement agencies track the essential components of drug

manufacturing, give increased authority to the law enforcement

personnel of the Border Patrol and the Forest Service, as well

establish a new Anti-Gang Program.

PROPOSED TIMING

The attached description of the legislation will be released

on Thursday at a press conference. If you wish to attend the

press conference, please contact the Press Office in the

Republican Leader's Office at X43538.

5 in thel Re

July 6, 1988

1988 Omnibus Anti-drug Bill

I. Demand Reduction:

A. Personal Accountability

B. Treatment, Education and Prevention

II. Post-Arrest Programs

III. Criminal Justice

IV. Proposal for a Drug Control Director

V. International

VI. Improvements in Justice Forfeiture

Funds

Law Enforcement

A. Immigration and Naturalization Service

B. Coast Guard

C. National Guard

D. Bureau of Alcohol, Tobacco and Firearms

E. National Forest Service

F. Drug Enforcement Agency

G. Federal Bureau of Investigation

H. Budget

Funding

VII.

VIII.

I. DEMAND

A. PERSONAL ACCOUNTABILITY

To reduce the demand for illegal drugs:

General

1. Makes a strong statement of opposition to

legalization and decriminalization of drugs.

2. Provides for a nationwide awareness campaign

concerning the new penalties for drug possession and use. This is

to give drug users notice that things have changed, that their

illegal activity will no longer be tolerated, and that it will be

subject to serious penalties.

Education/Youth

1. Conditions state participation in federal drug

programs upon the state's having put into effect, within two,'

years, procedures for suspending eligibility for a driver'p"

license for conviction of a drug offense.

2. Withholds highway funds from states which do not

randomly test a percentage of first-time drivers within the first

year of being licensed and to revoke driving privileges for

individuals found to be using drugs or driving under the

influence of drugs or alcohol. The Secretary of Transportation

would issue regulations to aid states in implementation. Testing

facilities would have to meet federal standards.

3. Withholds highway funds from states that: a) do

not administer drug tests to all drivers arrested for driving

under the influence of alcohol; b) that do not prosecute those

testing positive on drug tests and do not revoke or suspend for a

year driver's licenses for anyone convicted of drug possession;

and c) that do not require the successful completion of a drug

rehabilitation program as a condition of reapplication for a

driver's license.

4. Restricts Drug-Free Schools money to school systems

which have in effect policies to: a) notify a parent or guardian

and police when possession of a controlled substance by an

unemancipated minor is discovered; and b) separate offenders from

drug-free students.

5. Suspends eligibility for federal post-secondary

assistance (under Title IV of the Higher Education Act) to any

student convicted of a drug-related offense.

This would be PROSPECTIVE. All applicants start off with a clean

slate. Upon application for a student loan or other assistance,

the applicant receives notice that a future conviction on a

drug-related offense (state or federal) will result in loss of

eligibility for a certain period of time.

The same notice will suggest that any applicant who has a problem

with drugs should get treatment and will provide a listing of

available programs.

Upon first conviction for a drug-related misdemeanor, the person

loses eligibility for all federal student assistance unless he or

she successfully completes a drug treatment program.

If an individual completes a program and is subject to a second

conviction of a drug-related misdemeanor, or upon first

conviction for a felony, the person loses eligibility for two

years.

6. Authorizes the Secretary of Education to withhold

funds from colleges not in compliance with Higher Education Act

requirements for a drug-free campus and authorizes the Secretary

to promulgate regulations specifying the standards by which the

Department--and the public--can judge whether a particular

college or university is drug-free.

7. Authorizes drug testing in schools as an optional

component of drug-free campus programs.

Public Housing

The Department of Housing and Urban Development is currently

preparing final regulations, first proposed July 23, 1986, to

codify Public Housing Authority (PHAs) procedures for leases,

evictions, grievances hearings, and so forth. Even without these

regulatory changes, PHAs already have the authority to terminate

the tenancy of anyone engaged in criminal conduct. With the new

regulations, PHAs will have broad discretion to deal with any

criminal activity committed by tenants within or outside their

projects.

The following proposals are intended to supplement what should be

a tough crackdown by PHAs against illegal drugs in public

housing.

1. Requires an explicit no-drug clause in all new

leases in federally assisted PHAs.

2. Requires an expedited report to Congress from HUD

on the actual implementation of the forthcoming regulations to

ensure that they are being effectively used to ensure a drug-free

environment and protect persons in public housing.

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3. Requires all PHAs to have a residents' tenant

review committee to help screen out drug users and traffickers.

(Some PHAs are doing this already.) HUD may waive this

requirement for PHAs which make good faith efforts to form such

committees but (because of possible retaliation) fail to make

them work.

4. Requires all PHAs to terminate the tenancy of a

public housing tenant who is convicted in a State or federal

court of an offense related to the possession, use, manufacture,

sale, or distribution of a controlled substance.

5. Allows block grant funds under the Bureau of

Justice Assistance to be used to fight drugs in public housing.

Workplace

1. Conditions receipt of any federal contract or

assistance upon maintenance of a drug-free workplace.

2. Authorizes HHS, DoL, and Justice to develop

non-binding guidelines for employers and employees who desire

drug-free workplaces. ~ ~

3. Eliminates federal legal hurdles which prevent

private employers from conducting drug tests and disciplining

^ workers who fail drug tests.

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4. Expands OSHA authority to ensure drug-free

workplaces, including the designation of drug use in the

workplace as an occupational safety or health hazard, and data

collection on the use of drugs in the workplace. (As a component

of OSHA accident investigations, the agency could conduct

mandatory drug tests to determine whether drug abuse contributed

to the accident.)

5. Amends the Rehabilitation Act of 1973 to specify

that, for purposes of employment protections, the illegal use of

a controlled substance shall be considered to be prima facie

evidence of the endangerment of self or coworkers.

Under current law, drug addiction is considered a handicap,

covered by the anti-discrimination provisions of the

Rehabilitation Act. In employment, however, those protections do

not apply if the person's addiction endangers self or others.

Rather than remove drug addiction altogether from the coverage of

the Rehabilitation Act, illegal use of drugs--use, rather than

the fact of addiction--would be prima facie evidence of

endangerment of self or coworkers. This shifts the burden of

proof toward the person who is using illegal drugs, to show thatif

his usage is not endangering anyone in the workplace.

•liBS

Transportation

1. Includes the Danforth provision to require

substance abuse testing, including mandatory random testing, of

operators and other safety sensitive personnel of aircraft,

railroads, and commercial motor vehicles. These provisions would

give DoT broad testing authority over federally regulated

transport workers were passed 83-7 by the Senate in October, 1987

as part of H. R. 3051, the Air Passenger Protection Act. That

legislation is currently being stalled by the House.

2. Makes federal certification of a common carrier

dependent upon the carrier's commitment to a drug-free workplace.

This would require a good-faith effort on the part of the

carrier. In other words, it would not lead to the loss of

certification by an airline simply because a passenger smuggles

drugs. DoT would make the determination of non-compliance in

problem cases, using the guidelines developed under #2 in the

Workplace section.

3. Authorize the urban mass transit administration

(UMTA) to withhold funds from any mass transit system which has

not established a comprehensive detection, treatment and

enforcement program within 18 months after date of enactment.

4. Airport Drug Interdiction Zone—Increases the

authority and power of the U.S. Customs Service and the Federal

Aviation Administration to seize and search commercial aircraft

for illegal drugs and narcotics. The administrator of the FAA is

empowered to designate Airport Drug Interdiction Zones in

conjunction with the issuance of airport operating certificates.

This enables the Customs Service and the FAA to search and seize

commercial aircraft in these zones without probable cause; the

seizure to last no more than two business days. Commercial

airlines would be encouraged to enter written agreements of

participation with tjie FAA.

5. Airline Anti-Smuggling Amendment--Ensures greater

vigilance in interdicting illegal drug smuggling on commercial

aircraft by providing for formal and uniform procedures for the

inspection of commercial aircraft by the common carrier for

illegal narcotics smuggling into the United States. This

provision creates a standard by which airlines can measure

whether its precautions have satisfied the standard of care

prescribed by statute. A rebuttable presumption would"be

established in favor of an airline certified to be in compliance

with the anti-smuggling procedures that it has exercised the

highest degree of care and diligence in discovering whether

illegal narcotics are on board an aircraft. Furthermore, a

carrier found to be in compliance with these procedures would be

subject to a lower penalty schedule.

The Rights and Responsibilities of Citizenship

1. Denies all Federal Licenses for 10 years in the

case of felony convictions and 5 years for misdemeanor

convictions of drug or drug-related offenses (state or federal)y

This would apply when the license is given to an individual or to

a solely-owned corporation. It would not apply in cases where

the license is held by a company, one or more of whose officers

or owners was convicted.

2. Establishes as a general principle the loss of y.

ji£ eligibility for any federal benefit or entitlement for specified 1

periods of time depending upon the seriousness of the drug v

offense. Excludes safety net programs and earned benefits—e.g.,

veterans benefits, pensions, social security survivor's

benefits--would also be excluded.

Like the proposal concerning student loans, this provision is

prospective. It would make ineligible for certain benefits

someone who is, in the future, convicted of certain drug-related

offenses. However, in order not to penalize innocent third

parties (lending institutions), it would not terminate a

federally guaranteed loan if its beneficiary is convicted after

the loan has been made. —

3. Requires that notation be made on a passport if a

person has been convicted of a drug offense or has incurred a

forfeiture. In addition, revoke passports of convicted persons:

10 years in cases of felony convictions, 5 years in misdemeanor

convictions.

Miscellaneous

1. Requires implementation of the Domenici provision

in the 1986 bill establishing a commission to explore ways in

which the media glamorize or legitimate drug abuse and to

recommend remedies.

2. Requires mandatory drug testing for Members

.Congress and Congressional employees.

B. TREATMENT, ESUCATION AND PREVENTION

In general the bill expresses the Sense of the

Senate regarding its concern with respect to alcoholism and other

drug dependencies. Emphasis is placed on the consequences of

alcoholism and other drug dependencies and recognition is given

that they are treatable diseases and that there must be

opportunities for successful treatment and recovery. Such

treatment programs form the essential element to solving the

nation's drug problem.

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Department of Health and Human Services

1. Reauthorizes and continues the Alcohol, Drug Abuse

and Mental Health Services block grant. The funding of the

ADAMHA block is increased to $550 million of which at least 35

percent must be used for drug abuse treatment programs.

2. Authorizes an additional $20 million for states to

acquire, renovate, or construct substance abuse facilities.

3. Supplemental Drug Abuse Treatment

Funding--Reauthorizes $166 million and authorizes $234 million g

(attached to the ADMS block grant). $100 million will be *

set-aside for treatment programs for individuals within the

criminal justice system. In addition, an 80 percent/20 percent

federal/state match will be required for these supplemental

funds.

4. Restricts federal funding of state treatment

programs to programs which are shown to be effective by the

states under guidelines set by the Secretary of HHS and based on

a study by the Institute of Medicine.

5. Provides for the continuation of the Office of

Substance Abuse Prevention with funding of $45 million. $29.5

million will be available for targeted education, prevention and

treatment efforts for youth at high-risk for substance abuse.

6. Provides for the reauthorization of research

efforts through the National Institute on Drug Abuse and the

National Institute on Alcohol Abuse and Alcoholism. $183 million

is provided for the National Institute on Drug Abuse.

7. Reaffirms Senate support of S. 1220 which provides

$75 million for substance abuse treatment for IV-drug abusers who

are at high-risk of contracting AIDS.

8. Permits the Secretary of Health and Human Services

to approve national accrediting bodies for the certification of

approved laboratories for drug testing federal employees. In

addition, the Secretary is prohibited from reimbursing the

certification of laboratories.

9. Requires the Secretary of Health and Human Services

to report to Congress on the range of treatment programs for drug

abuse mandated under this Act. A method of measuring the

effectiveness of these programs shall be developed by the

Secretary and the results of such evaluations reported.

Department of Education

1. Reaffirms Senate support of P.L. 100-297 which

reauthorizes $250 million for school and community based

education programs. This effort targets 70 percent of funds to

school-based education programs and 30 percent of funds to

community-based education efforts.

2. Requires the development of model criteria and

forms for the collection of data and information to evaluate

programs funded under this act. This will allow schools and

community-based organizations to share uniform data and

information with respect to the Drug-free Schools and Communities

Act.

Department of Labor

1. Authorizes $5 million for incentive grants to

employers to develop employee assistance programs for drug-abuse

treatment.

2. Authorizes $15 million for OSHA enforcement and

investigation to ensure a safe and healthy workplace.

Action Agency

Provides $5 million for two years to expand

volunteer efforts to support community anti-drug abuse efforts.

The bill also lifts the cap on three-year funding of

community-based volunteer efforts.

-wf Native American Program

•fc •

1. Extends and revises the authorization of

appropriations provisions of the Indian Alcohol and Substance

Abuse Prevention and Treatment Act of 1986.

2. Increases funding for the staffing of the 11 youth

regional treatment centers called for by the 1986 Anti-Drug Abuse

Act. Funding for rehabilitation and follow-up services for

Indian youth who are alcohol or substance abusers is also

increased.

3. Emphasizes the family component in the treatment of

youth alcohol and substance abuse. Studies have shown that the

inclusion of family members significantly increases the

effectiveness of such treatment.

II. POST-ARREST PROGRAMS

This aspect of the bill focuses significant new

resources on those portions of our criminal justice system which

administer post-arrest programs. Previous attempts to curb drug

abuse and trafficking have often failed to fully recognize the

critical necessity of balancing resources to meet the demands of

increased law enforcement placed upon those Federal entities at

the back end of the criminal justice pipeline, such as United

States Attorneys, United States Marshals, the Federal Prison

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System and the Federal Courts. Increased enforcement becomes

meaningless if we fail to provide sufficient funds for the

prosecution, conviction, and incarceration of drug violators.

The package includes: $44 million to finance 874

positions for United States Attorneys to assist in narrowing the

existing gap between arrests and prosecutions; $57.5 million for

programs of the United States Marshals Service in the areas of

judicial security and custody and transportation of unsentenced

prisoners; $200 million to the Federal Prison System for the

construction of four additional medium security prisons to

relieve problems currently being experienced with a system wide

60% rate of overcrowding in Federal penal institutions; and an

additional $166 million for the Federal Judiciary to meet the

anticipated case load resulting from increased arrests and

prosecutions.

United States Marshals Service Act of 1988

1. Codifies orders and regulations of the Attorney

General establishing the Marshals Service as a separate unit of

the Department of Justice and providing for its organizational

structure.

2. Enhances security and appropriate decorum in the

Federal courts by: a) restating the marshal's traditional and

premier responsibility of providing security for the courts and

executing court process; b) authorizing the Marshals to provide

personal protection to judges, U.S. Attorneys and other Federal

officials; and c) eliminating the statutory provision which

limits payment of court bailiffs to an unrealistically low level.

3. Provides explicit authority for the current

functions of the Marshals Service, including authority to: a)

carry firearms and make arrests; b) conduct fugitive

investigations; c) protect Federal witnesses and their

families; and d) provide for the transportation, maintenance and

housing of Federal prisoners awaiting trial and sentencing,

including entering agreements with states and localities to

obtain necessary jail space.

4. Creates a separate U.S. Marshal's office for the

Superior Court of the District of Columbia to ensure that both

the local D.C. court system and the Federal district and circuit

courts in D.C. receive the levels of attention they require.

5. Permits the marshals to recover the actual costs of

serving non-federal court orders or processes in private

litigation (currently borne by the taxpayers).

6. Furnishes the Marshals Service with explicit

contracting authority to provide for security guards and service

of process in non-criminal proceedings.

7. Protects the security and confidentiality of

ongoing criminal investigations by exempting from standard

Federal acquisition procedures the procurement of contract

services necessary to assist Federal law enforcement in seizing

and managing property related to criminal enterprises.

III. CRIMINAL JUSTICE

1. Death Penalty--establishes constitutional

procedures for the implementation of the death penalty for the

crimes for which it is currently authorized (murder, treason,

espionage) as well as for new crimes such as attempted

assassination of the President, drug related murder.

2. Habeas Corpus—prevents abuses in filing of habeas

petitions. Provides for the following reforms: a) establishes a

time period for the filing of habeas petitions--one year for

state level, two years for federal level; b) allows the federal

court to dismiss habeas petitions that have been "fully and

fairly" adjudicated in the state court; c) provides that claims

not raised in state court can not be raised in federal court; d)

allows the federal court to dismiss a habeas petition on the

merits even if state remedies have not been exhausted.

3. Exclusionary Rule--Codifies the Supreme Court

Decision in United States v. Leon (1984) which provides that a

search conducted pursuant to a warrant is valid if the law

enforcement officer exhibits an "objectively reasonable belief"

that the search is in conformity with the Fourth Amendment.

Extends this exception to warrantless searches. Also provides

that the exclusionary rule may not be used as a sanction for

nonconstitutional violations of a federal statute or rule, unless

the statute specifically provides for such a remedy.

4. Provides for drug tests as a condition for parole

or probation with revocation of parole or probation upon a

finding of drug use. Requires testing of all individuals on

probation, parole (approximately 74,800) or supervised release on

a random basis with everyone being tested at least once every 30

days. Tests to be financed by user fees.

5. Provides mandatory adult status for juveniles with

prior serious state or federal drug convictions.

6. Money Laundering Amendment--Includes changes to

current reporting requirement for cash purchases of consumer

goods of $10,000 or more by establishing stiff penalties for

retailers who fail to report; other improvements to money

laundering enforcement are also included.

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7. Criminal penalty for polluting U.S. lands in the

course of drug activities--Provides for a maximum of five years

imprisonment or a fine or both for persons who, in the course of

violating the controlled substances laws, place a pollutant on

U.S. lands.

8. Provides for mandatory sentences for selling drugs

to minors; 10 years without parole for the first offense, life

without parole for the second offense.

9. Provides enhanced penalties for drug violations

that involve the selling within certain distances of a school

yard; the use of juveniles in drug trafficking; the operation of

a common carrier under the influence of drugs or alcohol and

causing serious bodily injury.

10. Civil sanctions--Establishes additional civil

penalties for persons convicted of simple possession of heroin or

cocaine. First offense--up to $250,000; subsequent offenses—$1

million.

11. Minor and technical amendments to the 1986 Drug

Bill. Contains a provision to amend the controlled substances

laws to make it illegal to distribute, possess with intent to

distribute or import or extport certain amounts of marihuana

plants.

12. Precursor Drugs--Includes DEA Proposal to track

substances required for the manufacture of illicit drugs.

13. House probation--provides house probation as a

discretionary condition of probation, parole or supervised

released.

14. National Institute of Justice Research

Program—Authorizes $10 million to identify innovative solutions

to problems in the criminal justice system.

15. Three-time loser provision for drug dealers;

imposition of a life sentence without parole for dealers upon

their third conviction for a drug trafficking offense. (Current

law imposes a mandatory term of 15 years without parole for any

felon upon a third conviction, regardless of the type of crime

involved. This proposal would specify that three drug related

convictions would results in life imprisonment.).

16. Provides enhanced penalties, depending on the drug

and quantity, for persons who distribute or manufacture drugs

within 200 yards of a public housing project. This provision is

based on the schoolyard provision in current law.

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17. Drug Offenses within Prisons--Provides that persons

who manufacture or distribute drugs within federal prisons shall,

in addition to any other sentence, be imprisoned for 10 years.

Also, provides that inmates who use drugs shall, in addition to

any other sentence, be imprisoned for one year.

18. Public Safety Officers--Increases the death benefit*

for Federal public safety officers from $50,000 to $100,000.

19. Increases current mandatory sentences for using

firearms in the commission of a crime of violence or drug crime.

20. Pay for Prison--Direct the Attorney General to

prepare a plan which would require federal inmates to pay for the

costs of their incarceration or to work after their release to

pay for sudh costs.

PROPOSAL FOR A DRUG CONTROL DIRECTOR

1. Establishes a Cabinet level Director of Drug

Contr'bl within the Executive Office of the President, to be

appointed by the President with the advice and consent of the

Senate.

2. Authorizes the Director to appoint Deputy Directors

in the areas of drug law enforcement and drug demand reduction.

3. Designates the Director as the Chairman of the

National Drug Policy Board.

4. Transfers those responsibilities now assigned to

the Board to the Director, specifying that he carry them out

after consultation with the Board.

5. Authorizes the Director to review and modify

budgets of drug related programs before they are transmitted by

civilian agencies or departments to 0MB.

6. Authorizes the Director to transfer a certain

percentage of funds between drug related programs after notifying

the Appropriations Committees.

7. Designates the Director to serve as primary advisor

to the President and Congress on national and international drug

control programs and policies and on the implementation of those

policies.

8. Authorizes the Director to temporarily reassign

personnel between agencies, with the concurrence of those

agencies, in order to implement drug control policies.

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9- Authorizes the Director to assemble a staff to

assist him in carrying put his duties.

10. Abolishes the White House Drug Abuse Policy Office.

11. Adds the Director to the National Security Council.

12. Terminates the Director's office after six years

unless Congress determines that there is still a need for the

position.

V. INTERNATIONAL EFFORTS

1. Provides for the procurement of weapons to defend

aircraft involved in narcotics control efforts. $1 million for

FY88 and FY89 to arm, for defensive purposes, aircraft used in

narcotics control eradication or interdiction efforts. The funds

are to be used on existing aircraft, and not to be used for the

purchase of new aircraft. The Foreign Affairs Committee of the

House and the Foreign Relations Committee of the Senate shall be

notified at least fifteen days in advance of the use of these

funds.

2. Provides funds for pilot and aircraft maintenance

training for narcotics control activities. $2 million for FY88

and FY89 for training in the operation and maintenance of

aircraft used in narcotics control interdiction and eradication

efforts for countries in Latin America and the Caribbean.

3. Adds additional actions which the President shall

consider in determining whether countries are cooperating fully

with the United States: a) has adopted laws to enable law

enforcement officials to move more effectively against narcotics

traffickers, such as new conspiracy laws and new asset seizure

laws; b) has expeditiously processed U.S. extradition requests;

c) has not protected or given haven to any known drug traffickers

and has expeditiously processed U.S. extradition requests

relating to narcotics trafficking made by other countries; and d)

has investigated the murders of U.S. personnel working in drug

enforcement in that country who have been killed since 1985 and

brought to trial and effectively prosecuted those responsible for

such murders. Additionally, the criteria for entering into a

mutual legal assistance agreement is changed from "willingness of

such government to enter into" such an agreement to "has entered

into."

4. Expresses the Sense of the Senate that the

President should call for international negotiations for the

purpose of establishing an international drug force to pursue and

apprehend major international drug traffickers.

VI. IMPROVEMENTS IN JUSTICE FORFEITURE FUNDS

1. Currently, all expenditures from the Forfeiture

Fund are scored as if having been appropriated under Subcommittee

302(b) allocations. Therefore, expenditures related to

maintaining and disposing of assets, as well as funds shared with

state and local authorities, are scored against the Commerce

Justice and State Subcommittee in Appropriations. The change

would create permanent spending authority for the uncontrollable

costs of the fund including asset management expenses and the

sharing of payments with state and local agencies. This program

has successfully enhanced local law enforcement efforts by

recycling more than $100 million worth of criminal assets.

2. Stipulates that funds provided to state and local

governments for their share of the seized assets should be spent

to enhance the activities of law enforcement agencies.

3. a) Directs the Attorney General to consider

administrative changes that will increase the availability to

state and local police agencies of the federal asset forfeiture

laws; and b) Provides federal training for state and local asset

forfeiture officials in the art of finding assets of drug

dealers.

4. Expands the list of acceptable disbursements from

the asset forfeiture funds to include purchase of surveillance

equipment. This proposal will not increase the level of BA or

outlays.

5. Expands rewards for citizens who report drug

dealers to authorities. Funding would come from a pool of

forfeited assets, with rewards up to $250,000 at the discretion

of the Attorney General. (Current law permits the Attorney

General to authorize rewards up to $150,000 or 1/4 of forfeited

assets, whichever is less, payable from the assets seized in a

particular arrest.)

VII. LAW ENFORCEMENT

A. IMMIGRATION AND NATURALIZATION SERVICE

1. Authorizes $4^/:^ million to a) enhance criminal

investigations; b) p:^vidq 250/new border patrol agents and

equipment; c) provid<e rieV-^ositions for the inspection

division; d) design improvements to the San Clemente border

patrol station; e) training; and f) demand reduction.

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2. Exclusion or Deportation from U.S. of aliens

convicted for possession or use of certain controlled

substances--Provides for exclusion or deportation after serving

sentence in the U.S. while providing a mechanism to assure that

aliens are expeditiously deported in these cases.

3. Bars the reentry with visa of aliens deported on

criminal grounds.

4. Eliminates bond for deportation proceedings for

alien drug offenders.

5. Eliminates suspension of deportation

6. Bars asylum or withholding of deportation for alien

drug traffickers

7. Eliminates most of the exclusions, including the

drug exclusion, for deportation of a long-term permanent resident

of the U.S. when reentering the U.S. from a temporary visit

abroad. .

8. Eliminates waivers based on family ties for alien

drug traffickers.

9. Bars alien drug traffickers from voluntary

departure.

10. Increases penalties for failure to comply with

conditions of supervision.

11. Restricts the discretion of the courts to suspend

penalties of alien drug offenders who disobey a final deportation

order.

12. Permits deportation for possession of firearms.

13. Provides for summary exclusion for narcotic

possession at port.

14. Provides wiretap authority for INS.

15. Expands INS authority for RICO violation.

16. Bars asylum and withholding of deportation for any

aliens convicted of an aggravated felony.

17. Authorizes the INS to access the National Crime

Information Center data base and other law enforcement

computerized indexes.

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18. Subject to the supervision of the Attorney General,

provides general law enforcement authority to immigration

officers permitting them to enforce criminal violations of

federal law encountered during the course of their duties,

subject to the supervision of the Attorney General.

19. Permits limitation or denial of nonimmigrant visas

to nationals of major drug producing or drug-transit countries

which have neither cooperated fully with the United States nor

have taken adequate steps on its own to prevent drug related

activities.

20. Requires certified copies of conviction records to

be provided to INS.

21. Requires the stamping of passports of drug

convicted aliens at time of attempted entry into the United

States.

B. COAST GUARD

1. Coast Guard Law Enforcement Detachments (LEDET's)

on Navy Vessels--Amends 10 U.S.C. 379 and 14 U.S.C. 637 to give

Navy commanding officers and those acting under their orders,

including Coast Guard LEDET's, the authority and protection

currently in 14 U.S.C. 637 to shoot at vessels without being

subject to personal liability when a Navy ship has a Coast Guard

LEDET attached. (Submitted to Congress by the Secretary of

Transportation 21 December 1987. Referred to the Senate

Committee on Armed Services 16 February 1988)

2. Requires the Secretary of Treasury, in consultation

with the Secretary of Transportation, to submit draft legislation

to Congress to restrict the ports of entry for vessels from drug

producing countries, to require advance notification of arrival

from these vessels, and to subject those vessels t-o quarantine

and inspection. Also allows the Secretary to promulgate and

charge fees for inspection services, as appropriate.

3. Crime of Possession--Amends the crime of possession

under 21 U.S.C. 844 to include extraterritorial possession by a

U.S. citizen or resident alien aboard any vessel or aircraft

subject to the jurisdiction of the United States. (Submitted to

Congress by the Secretary of Transportation 21 December 1987.

Referred to the Senate Committee on Armed Services 16 February

1988.)

4. Amends the Maritime Drug Enforcement Act (46 U.S.C.

1901 et seq., previously 21 U.S.C. 955a): a) extends the

Maritime Drug Enforcement Act to U.S. citizens aboard the vessel

of any nation; and b) amends the Act to require operators of

vessels which would otherwise be considered U.S. vessels, but for

a valid foreign registry, to raise that foreign registry issue at

the time of boarding.

16

-tip??

' —

1 5. Provides $6 Million for 200 additional law

enforcement personnel.

C. NATIONAL GUARD

2. Provides $60 million to be allocated between

National Guard, Army: National Guard Personnel and Allowances,

Air National Guard: Military Pay and Allowances, and Army Guard:

Operations and Maintenance, as directed by Chief, National Guard

Bureau.

D. BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

1. Provides $20 million for 500 additional special

agent positions to enforce: a) 18 U.S.C. 924c--Use of a firearm

in the commission of a crime; and b) 18 U.S.C. 924e--three time

loser in possession of a firearm, approximately 80% of such case

are drug related.

2. Provides $1.5 million for: a) reimbursement of

overtime pay for state and local law enforcement when such

enforcement is used to assist BATE; and b) to underwrite

equipment for state and local law enforcement to allow BATF to

work together with the state and local enforcement agencies.

E. NATIONAL FOREST SERVICE

1. Grants general arrest authority to Forest Service

law enforcement officers outside of the National Forest System

with the exception of offenses falling under Title 21, the

Controlled Substances Act, where Forest Service personnel are to

act under cross-designation from DEA as provided by an MOU.

2. Authorizes the Secretary of Agriculture to deputize

law enforcement officers of any other Federal agency, when the

Secretary determines deputization to be economical and in the

public interest, and with the concurrence of that agency, to

exercise the powers and authorities of the Forest Service while

assisting the Forest Service in the National Forest System, or

for activities administered by the Forest Service.

3. Enhances the booby-trap provisions of the 1986

Anti-Drug Abuse Bill.

F. DRUG ENFORCEMENT AGENCY

1. Provides $31 million to DEA for its airwing and

technical support to bring the Agency to the President's budget

request.

17

2. Provides $3 Million for El Paso Intelligence

Center. EPIC coordinates all drug-related intelligence.

3. Provides $45 million for domestic investigations.

This includes implementation of the precursor chemical provisions

and $6 Million for anti-gang activities.

G. FEDERAL BUREAU OF INVESTIGATION

1. Provides $38 million for 910 additional special

agent and support personnel positions to enable the FBI to

effectively implement the National Drug Strategy over the period

from 1989-1991.

H. BUDGET

Requires the Administration's budget submitted to

the Congress include a summary of Federal expenditures for drug

enforcement, by agency, in each budget submission for the

immediately preceding and upcoming fiscal years.

VIII. FUNDING

The total levels of spending and funding in the

omnibus anti-drug bill are consistent with the procedures and

spending limitations for an anti-drug initiative agreed to by the

Senate and House in the Conference Report on the Fiscal Year 1989

Budget Resolution.

JOHN C. STENNIS. MISSISSIPPI. CHAIRMAN

r ROBERT C BYRD. WEST VIRGINIA

WILLIAM PROXMIRE, WISCONSIN

DANIEL K liNOUYE, HAWAII

ERNEST F. HOLLINGS, SOUTH CAROLINA

LAVYTON CHILES, FLORIDA

^ J BENf^TT JOHNSTON, LOUISIANA

QUENTIN N BURDICK, NORTH DAKOTA

PATRICK J LEAHY, VERMONT

JIM SASSER, TENNESSEE

DENNIS DECONCINI, ARIZONA

DALE BUMPERS, ARKANSAS

FRANK R, LAUTEN8ERG, NEW JERSEY

TOM HARKIN, IOWA

BARBARA A MIKULSKI, MARYLAND

HARRY REID, NEVADA

MARK 0 HATFIELD, OREGON

TED STEVENS, ALASKA

LOWELL P WEICKER, JR., CONNECTICUT

JAMES A McCLURE, IDAHO

JAKE GARN, UTAH

THAD COCHRAN, MISSISSIPPI

ROBERT W KASTEN, JR., WISCONSIN

ALFONSE M. D AMATO, NEW YORK

WARREN RUDMAN, NEW HAMPSHIRE

ARLEN SPECTER, PENNSYLVANIA

PETE V. DOMENICI, NEW MEXICO

CHARLES E GRASSLEY, IOWA

DON NICKLES, OKLAHOMA

FRANCIS J SULLIVAN, STAFF DIRECTOR

J. KEITH KENNEDY, MINORITY STAFF DIRECTOR

Dear Colleague:

lanited 3tatts tean

ma ig COMMITTEE ON APPROPRIATIONS

WASHINGTON, DC 20510-6025 iO- OS

March 17, 1988

5-

S.

On Wednesday, March 23, 1988 we will Introduce the "Omnibus

Anti-Drug Abuse Act of 1988" -- a comprehensive bill that will

attack the national drug abuse and drug trafficking problem on

multiple fronts. We hope that you will join us in resurrecting

the momentum of the successful, bipartisan Anti-Drug Abuse Act

of 1986 (P.L. 99-570) and cosponsor this important follow-on

legislation.

The bill that we will introduce next Wednesday contains

a number of new, innovative and balanced approaches to addressing

both the demand and supply sides of the narcotics problem. A

detailed summary of the bill is attached for your reference,

but here are a few of the highlights of what this important legislation

does:

° Resurrects and streamlines the State and Local narcotics

control grant program by providing $1.5 billion over

3 years, including $250 million next year, to help State

and local law enforcement agencies attack the drug problem

where it is most acute -- at the local level;

° Provides $600 million over three years for a new international

economic incentive grant program to encourage drug source

countries, particularly in Latin America, to eradicate

40 percent of their illicit drug crops over a three year

period;

° Launches a major frontal assault on the demand side of

the drug threat, by providing an aditional $485 million

over the President's budget next year for alcohol and

drug abuse bloc grants, including, for the first time,

authority to spend up to 40 percent of these grants for

construction of new and renovation of existing alcohol

and drug treatment facilities;

° Increases the President's drug education effort by $50

million in fiscal 1989 and tightens controls so that

the most effective and innovative programs are funded

and closely monitored.

° Increases funding authorization for additional drug enforcement

personnel, drug interdiction asssets, and operations

money for the Coast Guard, the D.E.A., the Customs Service,

Border Patrol, and other law enforcement bureaus; and

(2)

° Authorizes, for the first time, $400 million over three

years for direct assistance to State and local governments

for construction of new jails and prisons and aid to

eliminate jail overcrowding (80-20 matching program/Federal-State)

It is our hope that the House and Senate leadership will

move promptly to take up this omnibus drug bill at the earliest

opportunity this Spring so that the Budget Committees, the Appropriations

Committees, and the appropriate authorizing committees can incorporate

the provisions of this bill into their legislative plans for

fiscal year 1989 and beyond. We believe that our bill hits every

important aspect of the anti-drug effort and carefully allocates

resources between the supply and demand sides of the drug problems.

On March 23rd, at 2:00 P.M. in Room SD-192, Dirksen Senate

Office Building, we will be holding a press conference following

the introduction of the bill. You are, of course, cordially

invited to attend and participate in that event. If you or your

staff have any questions about the bill or our strategy for moving

this legislation through the Congress this year, please call

on us or the following members of our staffs: Bobby Mills of

Senator DeConcini's Appropriations staff, 4-6280; Tim Carlsgaard

of Senator DeConcini's staff, 4-4521; or Morgan Hardiman of Senator

D'Amato's staff, 4-6542.

We look forward to your cosponsorship and participation

in the Wednesday press conference.

With best wishes.

United States Senator United States Senator

simnnaT-v Analysis of the Omnibus Anti-Drug Abuse Act of 1988

Title I— Drug Enforcement and Personnel Enhancement

Subtitle A. Asset Forfeiture Fund Amendments Act of 1988.

— makes certain changes to the Treasury and Justice

Department Asset Seizure funds to allow those funds to be

more easily provided to state and local agencies which

contributed to the seizure

— allows some of those funds from the Justice account to be

used for prison construction.

— removes caps from those funds and takes the use of those

funds off-budget.

Subtitle B. State and Local Narcotics Control Assistance.

— authorizes the Bureau of Justice Assistance (which expires

this year) and requires that the BJA Administrator be

appointed by the President with the advice and consent of the

Senate

— requires each state to submit a "master" plan or strategy

which encompasses demand reduction, education, and law

enforcement programs and delineates 30 different purposes for

which these funds can be used

— establishes an expedited grant system for metropolitan

areas with a population over 500,000.

— provides accountability by implementing reporting and

feedback requirements (providing funds to carry out the

same), while identifying those programs which are successful,

with the intent of encouraging similar programs.

— sets up a three-year approach by which a program funded in

the first year would receive the same funding for the

following two years, and authorizes $250 million the first

year, $500 million the second year, and $750 million in the

third year.

— authorizes $100 million in fiscal 89, $150 million in

fiscal 90, and $200 million in fiscal 91, for criminal

justice facility construction for state and local

governments.

Stibtitle C. Chemical Diversion and Trafficking Act of 1988.

— identicial to S1861, a bill to suppress the diversion and

trafficking of precursor chemical and other chemicals used in

the illicit manufacture of controlled substances.

Subtitle D. Comprehensive Federal Law Enforcement Officer

Improvements Act of 1988.

— makes certain provisions for law enforcement officers,

including increased death benefits for all federal, state,

and local officers.

— establishes a National Advisory Commission on Law

Enforcement to report to the President within six months.

Subtitle E. Deportation of Convicted Foreign Drug Inmates.

— provides for the deporation of "violent criminal aliens"

who have been convicted of an aggravated violent felony,

while providing safeguards.

1

Subtitle F. Customs Enforcement Amendments Act of 1988

— provides for the inspection of vessels by Customs officers

under certain conditions on the high seas.

— clarifies current law regarding transfer of seized assets

to contributing state and local law enforcement agencies and

foreign governments.

— authorizes the Secretary of State of revoke the passport

of any individual convicted of a felony narcotics violation.

Subtitle H. Authorization of Additional Appropriations for

Drug Enforcement Personnel, Fiscal Year 1989

— Coast Guard. $45 million and 800 FTE's above the

President's request.

— Border Patrol. $20 million and 500 FTE's above

President's request.

— INS. $3 million and 50 criminal investigator FTE's above

President's request.

— ATF. $8 million and 140 FTE's over President's request,

including 10 FTE's to establish a Bureau of Alcohol, Tobacco,

and Firearms Drug Educations officers program, and certain

reimbursements for state and local personnel.

— DEA. $60 million and 224 FTE's above the President's

request, including five FTE's for program similar to above.

— FBI. $38 million and 400 FTE's above the President's

request, including five FTE's for program similar to above. ;

— Marshals Service. $73.8 million above the President's

request to be used as follows:

1) $11.5 and 230 FTE's for asset seizure and

forefieture activities ^ .

2) $30.7 and 20 FTE's for jail cell renovations

including Cooperative Agreement Program projects.

3) $10 million and 188 FTE's for criminal justice , T

support activities. -

4) $6.2 million and 104 FTE's for protection of

the federal judiciary and federal courts due to

increased drug-related trials.

5) $4.6 million and 60 FTE's for Witness Security

Program.

6) $10.8 and 139 FTE's for fugitive programs. ' 1.

Subtitle I. 1

— authorizes $150 million for new federal prison ' i'""

construction

Subtitle J.

— authorizes rewards for information on narcotics fugitives

— prohibits dangerous weapons in federal courthouses

establishes Marshals Service offices in foreign countries

for fugitive apprehension programs

— authorizes payments to state and local jurisdictions for

the housing and care of persons in Marshals Service custody.

t

• ' Title II. International Narcotics Control and Assistance to

^ Foreign Countries

Siobtitle A. International Drug Eradication Improvement

Program

— establishes an International Special Operations Drug

Eradication Squadron wihtin State for use in source

countries.

— authorizes an additional $12 million for the procurement

of aircraft, equipment, O&M, and salaries and expenses for

the Squadron

— requires the Secretary of State to establish strict

criteria and guidelines for employing the squadron.

Subtitle B. International Narcotics Matters Improvement and

Special Assistance Programs.

— establishes a three-year grant program under AID for

source countries which meet specific eradication goals (15

percent verifiable in the first year, 40 percent by the third

year to be determined by DEA)

— authorizes $200 million for the program for each of the

three years

— directs the Comptroller General to monitor the program,

and provides for a panel of Administration and Congressional

representatives to assess the program after three years.

Subtitle C. Amendments to Foreign Assistance Act of 1961, as

Amended.

— implements certain changes to the reporting requirements

of the Act concerning the cooperation of source and

transshipment countries in narcotics control.

Subtitle D. International Narcotics Hatters Authorization of

Appropriations.

— authorizes $138 million in the first year and $150 million

for the second year for INM

— $500,000 to be used for coca eradication research

— $900,000 to provide protective equipment for aircraft used

in narcotic eradication and interdiction efforts in source or

transshipment countries upon notification of Congress

— $2 million to be used for training in foreign countries

relating to narcotics control

— allows funds withheld from non-cooperating countries to be

used for narcotics control in cooperating countries.

— provides certain assistance for Bolivia; limits amount of

funds which can be made available to Mexico; provides other

foreign assistance programs involving education and

reporting.

Subtitle E. Latin American Anti-Drug Strike Force

— creates within State an Ambassador at Large and

Coordinator for Western Hemisphere Anti-Drug Efforts

— directs the Joints Chiefs of Staff to develop a plan for a

Latin American strike force to eradicate and interdict

narcotics in the Western Hemisphere (outside the U.S. and its

territories)

3

— would involve Latin American personnel using U.S.-provided

resources

• '

Title III. Drug Interdiction Asset Improvement and i.

Enhancement.

Subtitle A. Coast Guard.

— provides $186 million for marine and air interdiction

assets and for O&M.

Subtitle B. Customs.

— provides $110 million for Air Interdiction assets and $15

million for salaries and expenses.

Subtitle C. Department of Defense.

— provides $75 million for four aerostats, $15 million for

surveillance flights and related purposes, and $10 million

for assets in establishing the Latin American Strike Force.

Subtitle D. DEA.

— provides $84 million for the establishment of an

International Drug Intediction helicopter force similar to

OPBAT; $4 million will go to EPIC for enhancing tactical

intel1igence.

Subtitle E. INS/Border Patrol

— $10 million for Border Patrol equipment.

Subtitle F. Establishment of Interagency Southwest Border

Drug Interdiction Mobile Corridor Task Force.

— provides $15 million for 100 Border Patrol, 25 Customs,

and 25 DEA agents assigned to two mobile corridor operations

forces, with line authority given to joint commanders.

Subtitle G. U.S.-Bahamas Drug Interdiction Task Force.

— authorizes $13 million for joint efforts.

Subtitle H. Special Drug Interdiction Suppoirt.

— authorizes grant programs for procuement of assets to to

Puerto Rico ($7 million), Jamaica ($7 million), Dominican

Republic ($5 million), Hawaii ($7 million).

Title IV. Demand Reduction.

Subtitle A. Treatment and Rehabilitation.

— authorizes $20 million for grants to emphasize community

based residential treatment services such as halfway houses

and therapeutic communities, including the purchase of land

and construction of facilities.

Subtitle B. Alcohol and Drug Abuse Treatment and

Rehabilitation Act of 1988.

— authorizes $558 million in first year, and $583 million in

the second year, and $608 million in the third year for

Alcohol, Drug Abuse and Mental Health Bloc Grant program

— authorizes $600 million in the first year, $625 million in

the second year, $650 million in the third year for S^lbstance

Abuse Emergency Drug Treatment Programs.

"W Ww 4:

' ' Subtitle C. Drug-Free Schools and Communities Act Amendments

of 1988.

— authorizes $300 million in the first year, $350 million in

the second year, and $350 million in the third year with

specific reporting and accountability requirements.

Title V. National Drug Enforcment Agency Reorganization and

Coordination.

Subtitle A. National Border Coordination and Reorganization

Act of 1988.

— establishes Office of Enforcement and Border Affairs

within the Department of the Treasury, and places Coast Guard

and Customs within that office.

Subtitle B. Department of Defense Drug Interdiction

Reorganization.

— establishes within ISA a Deputy Assistant Secretary for

International Drug Interdiction and Enforcement with the

overall duty of DoD drug interdiction and enforcement

activities.

Subtitle C.

— establishes Senate Select Committee on Narcotics

Title VI. Research and Development for Law Enforcement

Agencies

Subtitle A. Establishment and Development Programs to Assist

Federal Law Enforcement Agencies.

— directs the establishment of a Research and Technology

Group under the National Drug Policy Board and creates an

advisory board to report to the Group

— designates 10 existing facilities under the Departments of

Defense, Justice, and Energy and other agencies as "National

Technology Development Centers" to develop technologies for

federal law enforcement applications.

Sxibtitle B. Cargo Container Drug Detection Research and

Deve1opment.

— authorizes $5 million for developing technology.

Title VII. Drug Enforcement Training Improvement.

Siibtitle A. The Federal Law Enforcement Training Center

Improvement Act of 1988.

— expands and improves the Federal Law Enforcement Training

Center, and provides an additional $10 million for fiscal 89,

a total of $45 million in fiscal 90, and a total of $50

million in fiscal 91.

Subtitle B. Department of Justice Training Facilities

Improvement Act of 1988.

— provides an additional $10 million for existing Justice

facilities, and $10 million for new facilities.

Subtitle C.

— provides a total of $11 million to establish a foreign

language training program for special agents of federal

civilian drug enforcement agencies within the Departments of

Defense and State.

5

Subtitle D. Special Training Centers. •

— provides $10 laillion for the establishment of a National ^

Training Center in El Reno, Oklahoma, to train Federal,

state, and local prison officials in drug rehabilitation

programs targeted to criminals convicted of drug-related

crimes.

Subtitle VIII. Drug Testing in the Private Workplace.

— requires that laboratories performing drug testing for the

private workplace meet certain minimum standards, and that no

action be taken against an employee or applicant based on a

test from a laboratory not meeting those minimum standards.

Title IX. Congressional Policy Regarding Additional Funding

For Fiscal Year 1989 For Anti-Drug Abuse Progreims.

— provides for the continuity of funding for the programs

authorized in the Act.

6

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S 2856

The message, also, announced that

the House disagrees to the amendment

of the Senate to the bill (H.R. 1212) to

prevent the denial of employment opportunities

by prohibiting the use of

lie detectors by. employers involved in

or affecting interstate commerce; it

agrees to the conference asked by the

Senate on the disagreeing votes of the

two Houses thereon, and appoints Mr.

HAWKINS, Mr. ^MARTINEZ, Mr. V/ILLIAMS,

Mr. JEFFORDS, and Mr. GUNDERsoN

as managers of the conference on

the part of the House. ;. :

The ; message further annoraceq

that pursuant * tb\ section 143 of the

Nuclear Water Policy Act, as amended

CONGRESSIONAL RECORD — SENATE March 23, 1988

issue as to the need to continue them

and to maintain their security. Those

activities are in plain view from the

heights of the Groom Mountain addition.

Important national security secrets

could well be compromised u porsons

without appropriate security

clearances and a need-to-know were

able to view them; The sole purpose of

withdrawing this area is to create a

buffer zone from which such persons

can be excluded, for the visual protection

of these military activities.

Since the current withdrawal expires

March 31 of this year, the committee

did not prepare a report so that the

measure can be considered by the

10

illCcioUJ.v; 'ii

by,Son,502YXPGbliV-^w^^^^^^^^

the Speikeriappoihtslviththe-coriCTirp^h^ approve the bill and

rthenecSee bnfa tteh.e t hPere fsoiUdeonwt ipnrgo, t,otetmhepMoroen ;io-^^ ; steivnd^, It ta- the ^Ree^siddeenntt boeefioorree the

tored Retrievable'^^Storalg^';.R March 31 deadline.®

Commission: Mr. Victor-GIlinskyJbf'^ .

Glen Echo, MD, Mr. ilUex Radiri: of j •

Washington, DC, and' Mir:' Dale' * J

Klein of Austin. TX. .

ENROLLED JOINT RESOLUTIONS SIGNED -

At 3:27 p.m., a message from the

House of Representatives, delivered by

Mr. Hays, one of its reading clerks, announced

that the Speaker has sighed Bureau of Mines;

the following enrolled Joint resolu- ^ Anson Franklin, of Virginia, to be an

tions: ^ Assistant Secretary of Energy (Congre^lon-

SJ. Res.-185. Joint r^luUon to designate al. Intergovernmental and Public Affairs),

the period commencing on May 2,1988, and and

EXECUTIVE REPORTS OP

, C O M M I T T E E S

TTie following executive reports of

coinmittees were submitted:

By Mr. JOHNSTON, from the Committee

on Energy and Natural Resources:

T S Ary, of Oklahoma, to be Director of

ending on May 8, 1988. as •^National .Drinks

ing Water Week": and

Ernest C. Baynard in. of Virginia, to be

an Assistant Secretary of Energy (Environ-

SJr, Res. 255. Joint resolution to authorizement. Safety and Health),

and request the President to Issue a 'procla-- (Xhe above nominations were reportmatloh

designating April 24 through April with the recommendation that they

30. 1988. as "National Organ and Tissue ^ confirmed, subject to the nominees'

Donor A^eness Week'V vv ; commitment to respond to requests to

appear and testify before any duly

: RHPbRTS .OF COMMli iJtiiES

The iollowing reports, of comixilttees

were submitted: ; - M* '

By Mr. JOHNSTON, from^thc Committee

on Energy and Natural Resources.-.with an

amendment in the nature of < a substitute

and with a preamble:, . . . v-

SJr. Res. 231: A joint resolution to author-

- ize the entry Into force of the "Comp^ of

Free Association" between the United

Staples and the Government of Palati.' and

constituted committee of the Senate.)

By Mr.. PELL, from the Committee on

Foreign Relations: '

April Catherine Olasple, of California, a

Career Member of the Senior Foreign Service,

Class of Counselor, to be Ambassador

Extr«)rdlnajy and Plenipotentiary of the

United Stat^ to the Republic of Iraq;

Contributions are to be reported for the

period beginning on the first day of the

fourth calendar year preceding the calendar

States Goveiimient Palati," Q£m A • _ nomAi nation aAMn#d® ending on t4"h Vle ^

for other purposes (Rept. No.lOO^). ^^te of the nomination.

By Mr. JOHNSTON, From the Committee .

on Energy and Natural Resoui^ without

amendment:

S. 1508: A bOl to withdraw and reserve for

the Department of the Air Force certain

Federal lands within Lincoln County, ^

Nevada, and for other purpo^ - spi^none. Father deceased 1964~Jame8

Nominee AprU Glasple.

Post Ambassador to Iraq.

1. Self, none.

2. Spouse, hot married.

3. Children and Spouses, no children.

4. Parents, mother. Margaret Rose Gla-

# Mr. JOHNSTON. Mr. - President,'

this morning, the Committee on

Energy and Natural Resources reported

out S. 1508 by a roUcall vote of 18

to 0. S. 1508 would withdraw approximately

89,000 acres of land near

Groom Mountain, NV, as an addition

to Nellls Air Force Base.

Withdrawal of the Groom Mountain

addition was originally sought , by the

Departments of the Air Force and Interior

because certain highly, classified

military activities are being carried out

in the open at a nearby location on

the Nellis Range. Appropriate^ Members

and staff of the Congress; are

aware of those activities. There is no

Glasple.

5. Grandparents, all deceased.

6. Brothers and Spouses, none.

7. Sisters and Spouses, none.

INTRODUCTION OP BILLS AND

JOINT RESOLUTIONS

The following bills and joint resolutions

were Introduced, read the first

and second time by unanimous consent,

and referred as indicated:

By Mr. DECONCINI (for himself. Mr.

D'AMATO. Mr. DIXON. Mr. MOYNIHAN.

Mr. GRAHAM. Mr. DOMENICI. Mr.

- DOLE, Mr. WILSON, Ms. MIKULSKI,

Mr. KERRY; Mh SPECTER. Mr. MURKOWSKI.

Mr. ROCKEFELLER. Mr. BENTSEN,

Mr. HATFIELD. Mr. PRESSLER. Mr.

HEINZ. Mr. COCHRAN. Mr. REID. Mr.

HEFUN, Mr. WEICKER, Mr. GRASSLEY.

Mr. RUDMAN. Mr. STEVENS. Mr.

INOUYE. Mr. TRIBLE, Mr. BINGAMAN.

Mr. BREAUX, Mr. SARBANES, Mr. DANFORTH,

Mr. STENNIS, Mr. MCCONNELL.^

Mr. HELMS. Mr. PELL. Mr. THURMOND,

Mr. KARNES, Mr. NICKLES, Mr.

DURENBERCER. Mr. HECHT, and Mr.

C^RANSTON):

S 2205 A bill to enact the Omnibus Anti-

Drug Abuse Act of 1988, and for other purposes;

to the Committee on the Judiciary.

By Mr. D'AMATO (for himself, Mr.

DECONCINI. Mr. STEVENS, Mr. DOLE,

Mr. GRASSLEY, Mr. TRIBLE. Mr.

THURMOND, Mr. MCCONNEXL, Mr. \

NICKLES, Mr. SYMMS, Mr. KARNES.

Mr. HELMS. Mr. BLATCH, Mr. GRAHAM.

Mr. HECHT. and Mr. PRESSLER):

S. 2206. A bill to amend the Controlled

Substances Act to provide for the imposition

of the death penalty for the intentional

killing of a law enforcement officer and for

certain continuing criminal enterprise J^up

offenses; to the Committee on the Judiciary.

By Mr. MURKOWSKI: „ ^

S 2207 A biU to amend title 38, United

States Code, to authorize the Administrator

of Veterans* Affairs to provide assistive simians

and dogs to veterans who. by reason of

quadriplegia, are entitled to disability compensation

under laws admlnistei^

Veterans' Administration; to the Committee

on Veterans Affairs.

By Mr. STEVENS (for himself. Mr.

MuRKOWSKi, Mr. NICKLES, and Mr.

BOREN): , J S. 2208. A blU to aUow Alaska NaUves and

Oklahoma's Indians to qualify for w^te

water treatment assistance; to the Select

Committee on Indian Affairs.

By Mr. RIEGLE (for himself. Mr.

HOLLINGS. Mr. DANFOKTH, and Mr.

PRESSLER) (by request): " ' ,

S 2209. A bill to authorize appropiiatloi^

to the National Aeronautics and Space Administration

for research and development,

space flight, control and data communications,

construction of facilities, and rese^ch

and program management, and for other

purposes; to the Committee on Commerce,

Science, and Transportation.

By Mr. GRAMM (for himself, Mr.

MELCHSR, Mr. NICKLES. Mr. KARNES.

Mr. PRESSLER, Mr. DURENBERCER, Mr.

HELMS, Mr. THURMOND, Mr. QUAYLE,

Mr, BOND, Mr. GRASSLEY, Mr. COCHRAN.

Mr. WARNER, Mr. HATCH, Mr.

Boscuwrrz, Mr. MCCLURE, Mr.

KASTEN, Mr. DIXON, Mr. HOLLINGS.

Mr. TRIBLE, Mr. MCCONNELL. Mr.

/ SYMMS, and Mr. BREAUX):

S. 2210. A bm to amend the Revenue Act

of 1987 to delay until October 1, 1988, the

Imposition of the tax on diesel and aviaUon

fuels at the wholesale level; to the Committee

on Finance.

By Mr. GLENN (for himself, Mr,

BRADLEY. Mr. CHIILES, Mr. DECONCINI.

Mr, DURENBERCER. Mr. HEINZ,

Ivir. PACKWOOD. Mr. WARNER, and Mr.

WILSON): ' , ^ . S jr Res. 278, A joint resolution designating

November 20-26. 1988, as "National

Family Care^vers Week";,toihe Committee

. on the Judiciary.

SUBMISSION OF CONCURRENT

AND SENATE RESOLUTIONS

The foUowliig concurrent resolutions

and Senate xe^lutions were read, and

referred (or acted upon), as indicated:

lEnited States Senate

WASHINGTON, DC 20510

Dear Colleague:

April A, 1988

We are writing to invite you to become an original cosponsor

of a resolution declaring September 15, 1988 as "National

D.A.R.E. Day." D.A.R.E., an acronym for Drug Abuse Resistance

Education, is an educational program that teaches students the

skills necessary to say no to drugs.

The D.A.R.E. program was originally developed in Los Angeles

as a cooperative effort of the LA Police Department and the

Unified School District. It is now being taught in more than 495

communities in 34 states (listed on back). Additionally, a pilot

program is being tested for use internationally in the Department

of Defense Dependent Schools. To date, almost 1.5 million

students have participated in the D.A.R.E. program with an

estimated 500,000 additional students expected to be reached in

1988-89.

D.A.R.E. consists of 17 lessons, taught once a week over the

course of a semester. The subjects highlighted include: Drug Use

and Misuse, Resistance Techniques, Assertive Response Styles,

Managing Stress Without Taking Drugs, Decision Making and Risk

Taking, Media Influences on Drug Use, and Resistance to Gang

Pressure. The semester long program is targeted to fifth and

sixth graders, but programs are available for kindergarten

through junior high school students and their parents.

Independent research shows that not only has the D.A.R.E.

program successfully helped students resist drugs, it has also

contributed to improved study habits and grades, decreased

vandalism and gang activity, improved relations among ethnic

groups, and a more positive outlook on the part of students

toward police and school.

If you would like to cosponsor this resolution, or are

interested in more information about D.A.R.E., please contact Tim

Carlsgaard (DeConcini) at 4-4521.

Sincerely

Dennis DeConcini

United States Senate

Strom Thurmond

United States Senate

|°I?M K!'

LOO TH CONGRESS

D SESSION S. Amend. No. '

ft

'''

IN THE Senate

for himself, Mr. DeConcini, Mr. Wilson, and others

Mr.D'Amato introduced the following bill; which was referred to

the Committee on

A BILL

To amend the Controlled Substances Act to provide for the

imposition of the death penalty for the intentional killing

of a law enforcement officef'and for certain continuing

criminal enterprise drug offenses.

Be it enacted by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

2

1 SECTION 1. ELEMENTS OP OFFENSE.

2 Section 408 of the Controlled Substances Act (21 U.S.C.

3 848) is amended by inserting after subsection (b) the

4 following:

5 (c)(1) If, in the course of engaging in a continuing

6 criminal enterprise, a person intentionally, or with reckless

7 indifference to human life, kills or participates

8 substantially in the killing of any individual (other than a

9 participant in such criminal enterprise), that person may be

10 sentenced to death.

(2) If, in the course of engaging in organized ongoing

12 drug crime, a person intentionally kills a Federal, State, or

13 local law enforcement officer engaged in, or on account of,

14 such law enforcement officer's official duties, that person

15 may be sentenced to death.

16 '(3) As used in this subsection—

17 ''(A) the term 'Federal, State, or local law

18 enforcement officer' means an officer or employee of the

19 United States, a State, a municipal corporation, a

20 county, or other political subdivision of a State, who

21 has authority under applicable law to enforce the

22 criminal laws of the United States or a State; and

23 (B) the term organized ongoing drug crime means a

24 felony violation of this title or title III which is a

25 part of s continuing series of.violations of this title

1 or title III which are undertaken with 5 or more

2 persons.".

3 SEC. 2. PROCEDURE APPLICABLE WITH RESPECT TO THE DEATH

4 PENALTY.

5 Section 408 of the Controlled Substances Act (22 U.S.C.

6 848) is amended by adding at the end the following:

7 ''HEARING REQUIRED WITH RESPECT TO THE DEATH PENALTY

8 (f) A person shall be subjected to the penalty of death

9 for any offense under this section only if a hearing is held

10 in accordance with this section.

11 'NOTICE BY THE GOVERNMENT IN DEATH PENALTY CASES

12 (g)(1) Whenever the Government intends to seek the

13 death penalty for an offense under this section for which one

14 of the sentences provided is death, the attorney for the

15 Government, a reasonable time before trial or acceptance by •

16 the court of a plea of guilty, shall sign and file with the

17 court, and serve upon the defendant, a notice—

18 '(A) that the Government in the event of conviction

19 will seek the sentence of death; and

20 ^(B) setting forth the aggravating factors which the

21 Government will seek to prove as the basis for the death

22 penalty.

23 (2) The court may permit the attorney for the

24 Government to amend this notice for good cause shown.

25 "HEARING BEFORE COURT OR JURY

1 (h)(1) When the attorney for the Government has filed a

2 notice as required under subsection (f) and the defendant is

3 found guilty of or pleads guilty to an offense under

4 subsection (c), the judge who presided at the trial or before

5 whom the guilty plea was entered, or any other judge if the

6 judge who presided at the trial or before whom the guilty

7 plea was entered is unavailable, shall conduct a separate

8 sentencing hearing to determine the punishment to be imposed.

9 The hearing shall be conducted—

10 '(A) before the jury which determined the

11 defendant's guilt;

12 (B) before a jury impaneled for the purpose of the

13 hearing if—

14 (i) the defendant was convicted upon a plea of

15 guilty;

16 ^^(ii) the defendant was convicted after a trial

17 before the court sitting without a jury;

18 ^^(iii) the jury which determined the defendant's

19 guilt has been discharged for good cause; or

20 *'(iv) after initial imposition of a sentence

21 under this section, redetermination of the sentence

22 under this section is necessary; or

23 '(C) before the court alone, upon the motion of the

24 defendant and with the approval of the Government.

25 ^'(2) A jury impaneled pursuant" to paragraph (1)(B) shall

consist of 12 members, unless, at any time before the

conclusion of the hearing, the parties stipulate with the

approval of the court that it shall consist of any number

less than 12.

\ \

PROOF OF AGGRAVATING AND MITIGATING FACTORS

''(i) Notwithstanding rule 32(c) of the Federal Rules of

Criminal Procedure, when a defendant is found guilty of or

pleads guilty to an offense under subsection (c), no

presentence report shall be prepared. In the sentencing

hearing, information may be presented as to any matter

relevant to the sentence and shall include matters relating

to any of the aggravating or mitigating factors set forth in

subsections (1) and (m), or any other mitigating factor.

Where information is presented relating to any of the

aggravating factors set forth in subsection (m), information

may be presented relating to any other aggravating factor.

Information presented ma^' include the trial transcript and

exhibits if the hearing is held before a jury or judge not

present during the trial. Any other information relevant to

#

such mitigating or aggravating factors may be presented by

either the Government or the defendant, regardless of its

admissibility under the rules governing admission of evidence

at criminal trials, except that information may be excluded

if its probative value is substantially outweighed by the

danger of unfair prejudice, confusion of the issues, or

6

1 misleading the jury. The Government and the defendant shall

2 be permitted to rebut any information received at the hearing

3 and shall be given fair opportunity to present argument as to

4 the adequacy of the information to establish the existence of

5 any of the aggravating or mitigating factors, and as to

6 appropriateness in that case of imposing a sentence of death.

7 The Government shall open the argument. The defendant shall

8 be permitted to reply. The Government shall then be permitted

9 to reply in rebuttal. The burden of establishing the

10 existence of any aggravating factor is on the Government, and

11 is not satisfied unless established beyond a reasonable

12 doubt. The burden of establishing the existence of any

13 mitigating factor is on the defendant, and is not satisfied

14 unless established by a preponderance of the information.

15 ''RETURN OF FINDINGS

16 * (j) The jury, or if there is no jury, the court, shall

17 consider all the information received during the hearing. It

18 shall return special findings identifying any mitigating

19 factors, and any aggravating factors set forth in subsection

20 (1) or (m), found to exist. If one of the aggravating factors

21 set forth in subsection (m)(l) and another of the aggravating

22 factors set forth in paragraphs (2) through (7) of subsection

23 (m) is found to exist, a special finding identifying any

24 other aggravating factor may be returned. A finding of such a

25 factor by a jury shall be made by unanimous vote. If an

7

1 aggravating factor set forth in subsection (m)(l) is not

2 found to exist or an aggravating factor set forth in

3 subsection (m)(l) is found to exist but no other aggravating

4 factor set forth in subsection (m) is found to exist, the

5 court shall impose a sentence, other than death, authorized

6 by law. If an aggravating factor set forth in subsection

7 (m)(l) and one or more of the other aggravating factors set

8 forth in subsection (m) are found to exist, the jury, or if

9 there is no jury, the court, shall then consider whether the

10 aggravating factor or factors found to exist sufficiently

11 outweigh any mitigating factor or factors found to exist, or

12 in the absence of mitigating factors, whether the aggravating

13 factors are themselves sufficient to justify a sentence of

14 death. Based upon this consideration, the jury by unanimous

15 vote, or if there is no jury, the court, shall return a

16 finding as to whether a sentence of death is justified.

17 ''imposition of sentence

18 ^(k) Upon a finding that a sentence of death is

19 justified, the court shall sentence the defendant to death.

20 Otherwise the court shall impose a sentence, other than

21 death, authorized by law.

22 "mitigating FACTORS

23 ^ (1) In determining whether a sentence of death is to be

24 imposed on a defendant, the following mitigating factors

25 shall be considered but are not exclusive:

8

^^(1) The defendant was less than 18 years of age at

the time of the crime.

'(2) The defendant s capacity to appreciate the

wrongfulness of his conduct or to conform his conduct to

the requirements of law was significantly impaired, but

not so impaired as to constitute a defense to the charge.

''(3) The defendant was under unusual and substantial

duress, although not such duress as constitutes a defense

to the charge.

^^(4) The defendant is punishable as a principal (as

defined in section 2(a) of title 18 of the United States

Code) in the offense, which was committed by another, but

the defendant's participation was relatively minor,

although not so minor as to constitute a defense to the

charge.

{5) The defendant could not reasonably have

foreseen that his conduct in the course of the commission

of murder, or other offense resulting in death for which

the defendant was convicted, would cause, or would create

a grave risk of causing, death to any person.

''AGGRAVATING FACTORS FOR HOMICIDE

(m) If the defendant is found guilty of or pleads

guilty to an offense under subsection (c), the following

aggravating factors shall be considered but are not

exclusive:

1 (1) The defendant—

2 (A) intentionally killed the victim;

3 ^(B) intentionally inflicted serious bodily

4 injury which resulted in the death of the victim;

5 (C) intentionally engaged in conduct intending

6 that the victim be killed or that lethal force be

7 employed against the victim, which resulted in the

8 death of the victim.

9 (D) intentionally engaged in conduct which—

10 (i) the defendant knew would create a grave

11 risk of death to a person, other than one of the

12 participants in the offense; and

13 ^^(ii) resulted in the death of the victim.

14 (2) The defendant has been convicted of another

15 Federal offense, or a State offense resulting in the

16 death of a person, for which a sentence of life

17 imprisonment or a sentence of death was authorized by

18 statute.

19 * (3) The defendant has previously been convicted of

20 two or more State or Federal offenses punishable by a

21 term of imprisonment of more than one year, committed on

22 different occasions, involving the infliction of, or

23 attempted infliction of, serious bodily injury upon

24 another person.

25 (4) The defendant has previously been convicted of

10

1 two or more State or Federal offenses punishable by a

2 term of imprisonment of more than one year, committed on

3 different occasions, involving the distribution of a

4 controlled substance.

5 (5) In the commission of the offense or in escaping

6 apprehension for a violation of subsection (c), the

7 defendant knowingly created a grave risk of death to one

8 or more persons in addition to the victims of the

9 offense.

10 ''(6) The violation of this chapter in relation to

11 which the conduct described in subsection (c) occurred

12 was a violation of section 405.

13 (7) The defendant committed the offense in an

14 especially heinous, cruel, or depraved manner.

15 INSTRUCTION TO JURY ON RIGHT OF THE DEFENDANT TO JUSTICE

16 WITHOUT DISCRIMINATION

17 (n) In any hearing held before a jury under this

18 section, the court shall instruct the jury that in its

19 consideration of whether, the sentence of death is justified

20 it shall not consider the race, color, national origin,

21 creed, or sex of the defendant. The jury shall return to the

22 court a certificate signed by each juror that consideration

23 of race, color, national origin, creed, or sex of the

24 defendant was not involved in reaching his or her individual

25 decision.

11

1 ''SENTENCING IN CAPITAL CASES IN WHICH DEATH PENALTY IS NOT

2 SOUGHT OR IMPOSED

3 (o) If a person is convicted for an offense under

4 subsection (c) and the court does not impose the penalty of

5 death, the court may impose a sentence of life imprisonment

6 without the possibility of parole.''.

7 "APPEAL IN CAPITAL CASES

8 ^(P)(l) In any case in which the sentence of death is

9 imposed under this section, the sentence of death shall be

10 subject to review by the court of appeals upon appeal by the

11 defendant. Notice of appeal must be filed within the time

12 prescribed for appeal of judgment in section 2107 of title 28

13 of the United States Code. An appeal under this section may

14 be consolidated with an appeal of the judgment of conviction.

15 Such review shall have priority over all other cases.

16 ''(2) On review of the sentence, the court of appeals

17 shall consider the record, the evidence submitted during the

18 trial, the information submitted during the sentencing

19 hearing, the procedures employed in the sentencing hearing,

20 and the special findings returned under this section.

21 (3) The court shall affirm the sentence if it

22 determines that—

23 (A) the sentence of death was not imposed under

24 the influence of passion, prejudice, or any other

25 arbitrary factor; and

12

1 (B) the information supports the special

2 finding of the existence of every aggravating factor

3 upon which the sentence was based, together with or

4 the failure to finding any mitigating factors as set

5 forth or allowed in this section.

6 In all other cases the court shall remand the case for

7 reconsideration under this section. The court of appeals

8 shall state in writing the reasons for its disposition of the

9 review of the sentence.''.

Proclamation

National Drug-Free America Week, 1988

A Procianation

The consequences of illegal drug use have reached epidemic

proportions and are of major concern to all Americans. Illegal

drug use is one of the greatest causes of preventable illness,

disability, and death in our society. It is a public healththreat

at every level—in our homes, schools, communities,

businesses and workforce. Illegal drug use among high risk

youth, including dropouts, continues to be--of major concern.

It is estimated that alcohol and illegal drug use cost society

nearly $100 billion dollars in lost productivity each year. It

undermines our economy, threatens our national security, ruins

and destroys lives, including those of our young people.

Illegal drug use affects each and every American. It does not

discriminate with regard to age, gender, or socio-economic

status.

o According to the latest survey research data, twentythree

million Americans age 12 and over currently use

illicit drugs.

o A recent nationwide survey conducted by WEEKLY P.ZADSR

of 68,000 4th graders found that 34S^ report peer

pressure to try wine coolers, ^1% to smoke, and 2A% to

use crack or cocaine.

o The 15-24 year-old age group is dying at a faster rate

than any other age group. Accidents, homicides, and

suicides'are the leading causes of death among these

young Americans. Many' of t.hese deaths are related to

alcohol and illegal drug use.

o Illegal drug use can spread the deadly AIDS virus

through needle sharing. The intravenous drug user

population accounts for 25% of all AIDS patients.

o According to a research study of 440 highway fatalities

in one State, 4 out of 5 male drivers killed in vehicle

accidents were under the influence of alcohol,

/jparijuana and/or other drugs at the time.- >

o Marijuana and cocaine have become increasingly more

potent. In recent years, the purity of "street

cocaine" has increased, and now ranges from to 955^

pure; and, the potency of marijuana being used today is

275% more potent than the marijuana that was used a

decade ago.

The probiem is not insurmountable however. Americans have begun

to confront this malignant scourge. Me can afford to be pleased

with the important strides all of us have made together in our

efforts to prevent illegal drug use. We can safely say from our

research that prevention education programs have played an

integral role in the results we have achieved. Part of the

impact is evidenced in the latest national survey results.

o Since 1979 the national high school seniors survey has

shown a steady decrease in the use of marijuana on a

daily basis concurrent with thS^increased awareness of

the health consequences of marijuana.

o Use of marijuana in 1987 by high school seniors is at

the lowest level in 11 years.

o The percent of high school seniors associating great

risk with trying cocaine once or twice rose from 3496 in

1986 to 485^ in 1987.

o The 1987 data shows for the first time a significant

drop in the use of cocaine.

o Illicit use of stimulants and sedatives continues to

decline among high school seniors, college students,

and young adults in general.

o Finally, according to the WEEKLY READER survey, 4th

graders themselves believe that the most effective

approach to keep kids from using drugs and alcohol is

teaching them the facts about drugs, with 5596 thinking

it "works v^ry well."

These encouraging developments are due to tenacious efforts by

thousands of concerned parents, educators, business leaders,

private sector organizations, and State and Federal government.

We are developing a sense of responsibility, both individually

and collectively. Such promising news continues to give credence

to our position of the importance of prevention education

efforts.

Despite these important gains, we must not become complacent.

The. foundation is laid; we must continue to build. We'haven't

finished the battle; but, we have mobilized the troops. Public

opinion polls continue to show that the American people believe

illegal drug use is one of the most serious domestic problems

facing the nation. Witn interest at a fever pitch, businesses,

private sector organizations, concerned parents, youth, and

educators are rallying to host town meetings, conferences, and

fundraising activities that support community drug prevention.

We must build upon these efforts which have laid the*foundation

for a drug-free America.

The National Federation of Parents for Drug-Free Youth (KFP), a

nationwide parents' organization, has seized upon this nonentun,

by declaring October 23-30, 19SS, as National "Red Riboon Week"—

a conprehensive public education and fundraising drive, involving

thousands of parent groups across the country. It is a tine when

we look to additional outstanding grotips such as the Anerican

Council for Drug Education, the Just Say No Foundation, the

National Parents Resource Institute for Drug Education (PRIDE),

TARGET, the National Orine Prevention Council, the Elks, and

others to continue to exercise leadership, creativity, and

determination in achieving a drug-free America. Through all of

their efforts we reinforce the right of each and every American

to live in a drug-free family, to live in a drug-free community,

to learn in a drug-free school, to work in a drug-free workplace,

and to travel on drug-free highways, waterways, railways, and

airways. Such campaigns are critical in our fight to build a

drug-free America.

We must get the message across that any use of an illegal drug is

unacceptable. . .that there is no safe use of these drugs. . .and

that illegal drug use will not be tolerated. Our society at

every ievei must develop an absolute intolerance of illegal

drugs. There are no spectators in this fight. We can meet the

challenge; we can win the fight; and we can be proud of ourselves

and this great country. We must continue to strive toward our

goal of a drug-free nation with fervor and commitment. Although

we do not expect one "Drug-Free America Week" will solve the

proble.m, it is our intent to focus the resolve of the American

people on forming a singular 'collective movement that will

continue to fight illegal drug use...a lifetime of commitment is

what is required of each and every American.

To mobilize and involve all Americans in efforts directed at

preventing illegal; drug usei the Congress by House Joint

Resolution XXX, has designated' the week of October 23 through

October 30, 1938, as National Drug-Free America Week. I urge

Governors and Mayors across America to declare simultaneous weeks

within their States and municipalities. I call upon all

Americans to join me in observing this week with aoorooriate

efforts which support community drug prevention, including town

meetings, conferences, rallies, and fundraising activities. I

aiso encourage every American during this week to join the NFP in

s Red Ribbon and red clothing, symbolizing their

commitment to a healthy, drug-free lifestyle.

IN W.»IN£.SS iHiLR£.Oi?, I have hereunto set my hand this th day of

(month) , in the year of our Lord nineteen hundred and eightyeight,

and of the Independence of the United States of America

the two hundred and thirteenth.

S.J. RES.

DRUG-FREE AMERICA WEEK

IN THE SENATE OF THE UNITED STATES

May 26, 1988

Mr. Stevens and Mr. DeConcini (for themselves, and Mr.

Stennis, Mr. Thurmond, Mr. Garn, Mr. Burdick, Mr. Inouye,

Mr. Hollings, Mr. Dole, Mr. Packwood, Mr,. Roth, Mr. Chiles,

Mr. Weicker, Mr. Stafford, Mr. Johnston, Mr. McClure, Mr.

Chafee, Mr. Riegle, Mr. Hatch, Mr. Lugar, Mr. Matsunaga, Mr.

Sarbanes, Mr. Wallop, Mr. Durenberger, Mr. Cochran, Mr.

Boschwitz, Mr. Warner, Mr. Heflin, Mr. Pryor, Mr. Mitchell,

Mr. D'Amato, Mr. Dixon, Mr. Dodd, Mr. Grassley, Mr. Fasten,

Mr. Murkowski, Mr. Nickles, Mr. Symms, Mr. Hecht, Mr.

Trible, Mr. Wilson, Mr. Evans, Mr. Gramm, Mr. McConnell, Mr.

Adams, Mr. Bond, Mr. Conrad, Mr. McCain, Mr. Reid, Mr.

Shelby, Mr. Wirth.

A Senate Joint Resolution to designate October 24-30,

1988 as Drug Free America Week.

WHEREAS, illicit drug use and alcohol abuse has reached '

epidemic proportions and is of major concern to all

Americans;

WHEREAS, illegal drug use and alcohol abuse is a major

public health threat and is one of the largest causes of

preventable disease, disability, and death in the United

States today;

WHEREAS, drug and alcohol abuse cost American society

nearly $100 billion a year in lost productivity;

WHEREAS, illegal drug use does not discriminate on the

basis of age, gender, or socio-economic status as evidenced

by the following statistics:

(1) ,^23 million Americans age 12 and over currently use

'illicit drugs,

(2) a nationwide Weekly Reader survey revealed that of

the 68,000 4th graders polled, 34 percent reported

peer pressure to try wine coolers, 41 percent to

smoke, and 24 percent to use crack or cocaine,

(3) the 15-24 year old age group is dying at a faster

rate than any other age group because of

accidents, homicides, and suicides, much of which

is related to drug and alcohol abuse;

WHEREAS, the problem is not insurmountable. Americans

have begun to lay the foundation; however, we must continue

to build on the important strides we have made in our

efforts to prevent illegal drug use and alcohol abuse. The

most recent national polls reveal that progress has been

made:

(1) since 1979, there has been a steady decline in the

use of marijuana on a daily basis among high

school seniors, and in 1987, marijuana use among

this group was at its lowest level in 11 years,

(2) in 1987 there was a significant drop in the use of

cocaine, and the number of high school seniors

associating great risk with trying cocaine once or

twice rose from 34 percent in 1986 to 48 percent

in 1987, and

(3) illicit use of stimulants and sedatives continues

to decline among high school seniors, college

students, and young adults in general;

WHEREAS, the American people indicate that drug abuse is

one of the most serious domestic problems facing this nation

according to public opinion polls and have begun to take

steps to fight it;

WHEREAS, the National Federation of Parents for

Drug-Free Youth has declared October 23-30, 1988 as National

Red Ribbon Week — a comprehensive public education and

fundraising drive, involving thousands of parent groups

across the country;

WHEREAS, other outstanding groups such as the Council

for Drug Education, the Just Say No Foundation, the National

Parents Resource Institute for Drug Education, TARGET, the

National Crime Prevention Council, the Elks, and others have

demonstrated leadership, creativity, and determination in

achieving a drug free America;

WHEREAS, we must get the message across that any use of

an illegal drug is unacceptable — that there is no safe use

of these drugs -- and that illegal drug use will not be

tolerated;

WHEREAS, drug and alcohol abuse undermine our economy,

threaten our national security, affect productivity, and

ruin and destroy lives;

THEREFORE BE IT RESOLVED, that the week of October

24-30, 1988 be designated as Drug-Free America Week. The

Senate of the United States recognizes and commends the hard

work and dedication of concerned parents, educators,

business leaders, private sector organizations, and

government leaders and urges them to continue their

tenacious efforts. The Senate urges these groups to sponsor

town meetings, conferences, and fundraising activities that

support community drug and alcohol education and to observe

Drug Free America Week with other appropriate activities,

events, and educational campaigns;

AND BE IT FURTHER RESOLVED, that every American is

encouraged to wear red during the Drug-Free America Week to

symbolize their commitment to a healthy, drug-free

lifestyle.

^United States

^of America

Vol. 134

(Congressional "Record PROCEEDINGS AND DEBATES OF THE 100't°h CONGRESS, SECOND SESSION

WASHINGTON, THURSDAY, JUNE 9, 1988 No. 84

Senate

Mr. HECHT. Mr. President, I rise

today to reiterate my strong support

for my collea^e Senator D'AMATO'S

bill relating to the imposition of the

death penalty for drug traffickers.

Every day ^ newspapers and on televisions

across the United States, we

are reminded that drug use and drug

abuse in this country is totally out of

control. Quite frankly, Mr. President,

I am getting a bit tired of hearing impassioned

speeches about the war on

drugs without any effort to back up

this rhetoric with action on any level.

As far as I am concerned, the time for

lipservice to the drug problem has expired,

and now our strong words must

be followed by strong action. That is

why I am supporting this legislation

which will undoubtedly send a strong

signal to those who participate in the

illicit drug trade.

Mr. President, I am pleased that the

Senate has an opportunity to act in a

manner which is consistent with the

antidrug rhetoric which we so often

hear these days, and I am hopeful

that the results of this vote will reflect

the Senate's unyielding commitment

to putting our money where our

mouth is.

Two years ago, the President's Commission

on Organized Crime released

some alarming statistics: There are approximately

one-half million heroin

addicts in this country; 5 million regular

cocaine users; and over 20 million

regular marijuana users. We all know

that the drug use problem is bad, but

the fact is, it is getting worse. Mr.

President, police officers. Customs

agents, and others involved in narcotics

interdiction efforts are being brutally

murdered by those involved in

the drug trade, and I, for one, know

that it is our duty to ensure that these

courageous men and women have not

died in vain.

Mr. President, you know as well as I

do that the drug lords and their dealers

live by their own rules. These

people certainly do not live by the

laws which decent and honest citizens

live~by. No, quite the contrary, these

people live by their own code of behavior—

a code that says that torture is

OK—a code that says murder is OK—a

code that, quite frankly, says that anything

is OK as long as they can get

away with It because it is just part of

doing business. Well, I say that it is

not OK and it is time to shut down

this illegal business. Mr. President, the

message of the U.S. Senate should be

perfectly clean Drug dealers and drug

traffickers and their lawless actions

are not welcome in this country.

Mr. President, the drug problem Is

very complex and must be dealt with

on all levels. It should be clear to all of

my colleagues that the effects of drug

use and, abuse can be seen in every

community in America. Day after day,

one life after another is destroyed by

tlie drug traffickers.

Mr. President, many people say they

are against drug use, but few pecHole

will back up that talk with concrete

and offensive action. In addition to

the current bill being debated, I believe

that the Congn^ must look at

expanding a change in the current attitudes

toward drugs. We could throw

dollar after dollar at drug interdiction

prc^rams, intelligence gathering activity,

source country eradicatiem, but

what will be the result? Mr. President,

this money would have little effect in

this country. Why, Mr. Pi^sident? Because

the heart of the drug problem

lies within our borders. The prcbiem

lies in the individual hearts and minds

of American citizens. We cannot stop

the drug abuse problem as long as

Americans maintain an attitude that

the use of drugs is an acceptable practice

for some people.

Mr. President, I, for one, do not believe

that infrequent use of cocaine or

crack on Wall Street, or marijuana

smoking while driving a train or flying

an ain>lane, or poE^ing barbituates

during a school recess is acceptable.

Those who advocate this type of recreational

use are doing more harm to

framing attitudes in this country than

anyone else, and so, Mr. President, the

recent talk about legalization of drug

Ls ridiculous in my mind. Drugs are

bad, Mr. President. Drugs wreck and

destroy otherwise productive lives, Mr.

President, drugs km.

I couM not stand here today and

have a clear conscience if I did not do

everything possible to help save the

lives of Ainerican citizens, especially

the young Americans, whose lives are

frequently stolen from them befdre

they are even old enough to know

better. That is what we are really talking

about, Mr. President. We are talking

about saving lives. The lives of our

children. Mr. President, and the lives

of all people and have; been affected

by the drug trade. I .know that wre

cannot possibly do enough in our

effort to save the lives which are being

destroyed every day in this country,

but when an opportunity such as this

comes before us, we must make every

effort to move in the right direction.

This bill represents one step in our

antidrug efforts, but I believe that this

step is an important and critical one.

Mr. President, 2 weeks ago I stood

here and told my colleagues about the

heart-wrenching letters which I receive

almost every day from Nevada

paients who have painfully discovered

that their children are using drugs. It

is these children who are the victims

of the drug trade arid it is on their

behalf that I stand here today. I believe

strong and effective action Is necessary

if we are to be serious in our

commitment to stopping the dnig epidemic.

This legislation is designed to

severely punish those involved in the

drug trad#,-and I believe that we must

not stop short in our effort to battle Illegal

druiSB.

The only ^ay to win the war on

drugs is to fight back with more

strength, conviction and determination

than the' drug lords and their

dealers. This means attacking the

problem on every level. This is not an

easy war. It Is not a war without cost,

but it is a war that we will win. Mr.

President, on behalf of our children it

is a war we must win.

Mr. President, this legislation is vitally

important, and I believe it will

send a strong signal to those involved

in the drug trade. The bill Imposes the

most severe penalty which we know;

the death penalty. But, when I consider

the number of lives damaged or destroyed

by those traffic drugs into and

through this country, even the death

penalty does not seem severe enough.

Mr. President, I once again say to

my Senate colleagues that the time for

tough talk has expired; we must now

show tough action, and we must work

together in our fight to win the war on

drugs. I ask my colleagues to join me

in supporting this important bill;

July 12.1388 CONGRESSIONAL RECORD

only because the 1986 black rates had been

so high. In the metropolitan area the black

rate fell from roughly 26% to 19%; in the

city alone, it dropped from 27% to 19%. The

1987 level is still far too high, keeping Milwaukee

among the leaders in black unemplo3mient.

And Joblessness leads to a host of

other problems: broken families, deteriorated

neighborhoods, welfare and crime.

What must be done? Federal policy must

be re-directed at creating jobs, particularly

in the Midwest. State and local officials

must focus efforts on putting jobs in black

communities. Public officials must crack

down on employers who discriminate. And

government should require wider adoption

of affirmative action plans.

Additionally, officials should step up

plans to bus Inter City job seekers to outlying

employment. They should also be more

aggressive about another strategy for

matching jobs with job seekers: opening

low-income housing in the suburbs. Businesses

need to do more. The schools must do

a better job of preparing young people for

work.

Now Is no time to relax in the fight

against black unemployment; now is the time

to step up the fight.

MORNING BUSINESS

The PRESIDING OFFICER. Under

the previous order there will now be a

period for the transaction of morning

business for not to extend beyond the

hour of 9:15 am., with Senators permitted

to speak therein for not to

exceed 1 minute each.

THE REPUBLICAN ANTI-DRUG

INITIATIVE

Mr. KARNES. Mr. President, at a

press conference held last Thursday,

our distinguished minority leader unveiled

the Republican antidrug initiative.

On Friday Senator DOLE inserted

into the RECORD a summary of the Republican

omnibus antidrug bill. I was

pleased to be at the press conference

with several of my colleagues to express

my strong endorsement of the

Republican package. At that time I

made the following statement:

The Republican initiative being proposed

today is our best hope, our best blueprint

for a real war on drugs. If we are serious

about winning this war, then the Congress

must pass this legislation.

Before today, there have been other measures

introduced find enacted to fight the

growing drug problem. This year we'll spend

more than $3 billion to educate the public

about the dangers of drug use and abuse.

But it's obvious we're not doing enough,

we're not waging a real war on drugs.

Tve often believed that with every right a

citizen of our Nation enjoys, there is also a

responsibility. And with every responsibility

there Is a consequence. To enjoy our rights

we must be responsible for our actions. If we

aren't, then we must pay some kind of price.

It's obvious to me that our previous antidrug

efforts haven't made those who do

drugs, or deal in drugs, pay a price. We

haven't hit them where it hurts.

This Republican initiative will accomplish

that goaL It will truly make drug users and

dealers pay a price. All the rights that

might be important to a person—driving a

car, going to school, "having a place to live,

having a job—would be In jeopardy with

this initiative.

And our measure has muscle. We would

withhold r vital funds from states, federal

contractors and our entities who don't join

this war on drugs by following to the letter

the provisions outlined in this measure. We

revamp the criminal justice laws, and

strengthen current anti-drug efforts by

giving more authority and more funds to

federal and state agencies who are at the

Iront lines of this battle.

This is a massive piece of legislation that

responds to a massive problem. Let's face it,

our previous efforts haven't even come close

to effective dealing with the problem. While

they were well-intended, they fell far short

of having any impact in reducing drug usage

or drug dealing.

The time has come to stop pussy-footing

around. If we're serious about a real war on

drugs, we'll pass this legislation, I hope our

Democratic colleagues will join us in this

effort.

Mr. President, this Republican initiative

targets two important areas

which have largely been neglected by

other antidrug bills and, to a large

degree, by the Federal Government's

antidrug programs—stopping the

demand for drugs by focusing on drug

users and improving enforcement by

strengthening the criminal justice

system.

When the Republicans last controlled

the Senate In 1986, the Congress

and the Reagan aclministration

worked in concert to produce the

bough Anti-Drug Abuse Act. This legislation

provided stiff penalties for violations

of drug statutes. Increased Federal

funding for Interdiction, required

cooperation from foreign governments

seeking assistance from the United

States, and authorized badly needed

funding for additional education, prevention.

and treatment programs.

The Reagan administration has implemented

a strong comprehensive

antidrug strategy that is more extensive,

better funded, and better coordinate

than any previous anticrime or

antidrug program in our Nation's history.

It combines International cooperation,

interdiction, criminal Investigation,

and other enforcement programs,

as well as treatment, prevention,

education, and research efforts.

Federal spending for antidrug programs

has soared since President

Reagan took office, from $1.1 billion

in fiscal year 1981 to $3.3 billion In

fiscal year 1988. At the same time a

nationwide campaign of public information

and education about drugs has

turned the tide of public opinion from

resignation and indifference to intolerance

toward illicit drugs and drug

abuse. Today most Americans are

aware of the tremendous costs to

themselves and their families and to

our society from drug use.

They heed and are teaching their

children to follow First Lady Nancy

Reagan's sage advice: "'Just Say No to

Drugs."

Well meaning and necessary as the

Federal Government's efforts have

been, they are not sufficient to do the

job alone. If we are to win the war on

drugs in America, we must not only

educate our citizens about the dangers

SENATE S9295

of drug abuse and act to limit the

supply of drugs—we must also stop the

demand for drugs. We must redirect

our attention to the drug user. We

must deprive the sellers and buyers

and so remove the profits from the illegal

drug trade.

The 23 million Americans who regularly

use drugs are not hardened criminals.

They are average taxpaying citizens

with homes, families and jobs.

For this reason, our antidrug bill

would apply the kind of sanctions

which combine the motion of measured

response with zero tolerance

toward drugs. Our objective is to deter

drug usage by convincing the user that

he must change his behavior and that

If he continues to use drugs illegally

he can expect certain harsh penalties.

The success of our efforts will depend

on our capacity to apprehend and

prosecute more drug users and punish

those caught, without exception.

A full-scale assault on the demand

for drugs will require a tremendous

undertaking, further straining the limited

resources of our criminal justice

system. We must provide the necessary

additional funding and make the

requisite changes in our laws to enable

law enforcement officers, prosecutors

and judges to bring drug users and

traffickers to justice. At the same

time, we must continue our efforts in

education, prevention, rehabilitation

and research aimed at helping drug

users to kick their deadly habit. Our

goal must be to make our schools,

transportation systems, workplaces,

and prisons drug free.

Recently I spoke with Omaha's

Chief of Police Robert Wadman, a nationally

recognized expert on law enforcement.

Pointing to the large

number of -crimes in Omaha connected

to drug abuse, he labeled current drug

interdiction programs ""a total failure"

because they do nothing about

demand reduction. According to national

statistics, about 35 percent of

State prison inmates were under the

influence of illegal drugs at the time

they committed a crime, and almost

half of those criminals serving time

for robbery, burglary, theft or a drug

offense were daily drug users. Nebraska

follows the national pattern. Chief

Wadman also indicated that about 22

percent of traffic fatalities were

caused by driving while under the Influence

of drugs. He strongly endorsed

efforts aimed at stopping the demand

for drugs as well as the supply.

Mr, President, I ask unanimous consent

to Insert in the RECORD a short

article from the Omaha World Herald

about the connection between the rise

in crime and drug use.

There being no objection, the article

was ordered to be printed in the

RECORD, as follows:

S 9296

IProm the Omaha World Herald. July 11

1988]

July 12,1988

ASSOCIATION BETWEEN DRUG USE AND CRIME

ROSE, REPORT SAYS

WASHINGTON.--The association between

drug use and crime rose sharply during a 12-

LrepTo rted Sunday. in 1986, the government

About 35 percent of the nation's state

prison inmates in 1986 were under the influillegal

drug at the time they committed

the crime for which they were then

incarcerated, the Justice Department's

Bureau of Justice Statistics said. Twelve

years earlier, the proposition was about 25

percent, while in 1979 it was 32 percent,

^^he survey also found that many inmates

• ^cagraeenr st ob eugsaen d. rugs only after their criminal

tl^e inmates

who had ever used a major drug such as

heroin, cocaine, methadone, POP or LSD

after their first arrest.

About 60 percent of those who had ever

used a_major drug regularly did not do so

until after their first arrest.

In addition, about one-seventh of the inmates.

13 percent, seem to fit the pattern of

drug addicts who committted crimes to support

their habits, said the bureau's director

Steven Schlesinger. '

This group was in prison for such crimes

as robbery, burglary or theft and they were

among the 19 percent of the inmates who

said they were daily users of heroin, cocame

methadone. PCP or LSD in the

month before they committed a crime

'^hose serving sentences

for robbery, burglary, theft or a drug

oHense were daily users of some illegal

In addition, the 1986 survery of 13.700 inthat

about 43 percent of

them said they were daily users of some ille-

^1 drug in the month before they commit-

The su^ey also found that the greater

° major drugs by an offender, the

Mr. KARNES. Mr. President. I be-

Ililw ^®Ptiblican initiative

meets the requirements of a successful

strategy for achieving a drug-free

America. To reduce the demand for il-

CONGRESSIONAL RECORD ^ SENATE M : ^

all new lease^ln Pedera" housing\|i'! a."three time loser" rule,

thorities. ^ith mandatory life Imprisonment

t o ^ h a v e ' ^ t e n a n f a u t h o r i t i e s drug traffickers

legal drugs, the GOP package pro-

. poses to:

Condition State participation in Federal

c^g programs upon the States

adoptmg procedures for suspending a

dnver s license of anyone convicted of

a drug offense.

Withhold highway funding from

for ^ Provide drug testing

for drunk driving,

revoke driver's licenses from those

- fosting positive for drug use. and re-

r .^eappli^tion for a licensAe .C ondition of

Restrict fiinds under the Drug Free

Schools Act to schools that have a

policy of separating drug offenders

from other students and parent notification

when drug use is detected

Suspend eligibility for loan assist-

^i^e^ ^ convicted of drug of-

Require the Secretary of Education

to withhold funds from colleges that

fail to provide a drug-free camnus

under the Higher Education Act.

— review committees to

to dealers and

to terminate tenancies of residents

convicted of drug offenses.

vf? block grant assistance to

drugs in public housing and prolenL

" drug-related viodepartments

to

develop guidelines for securing druefree

workplaces.

Authorize private employers to conduct

random drug testing of employees

without the fear of legal battles.

Expand OSHA's authority to investigate

businesses with a history of

safety problems possibly caused by

drug use and to undertake other measures

to rid workplaces of drugs.

Mandate drug testing for critical

workers in the transportation industry.

including airline pilots, truck drivers

and rail engineers.

Authorize UMTA to withhold funds

from any mass transit system that

fails to implement drug enforcement

and treatment programs.

Withhold Federal licenses, contracts

grante and entitlement eligibility from

convicted drug offenders, excluding essential

safety net programs and

earned benefits.

Implement random testing of Memst^

fs ^-^id congressional

Provide for a nationwide awareness

campaign for 6 months prior to implementing

new penalties for drug possession

and use, to give drug users notice

that a zero tolerance policy is in effect

and their illegal activities, if continued,

will be subject to serious sanctions.

The Republican package proposes

impressive new resources for post

arrest programs. Additional funding is

desperately needed to meet the demands

being placed on Federal law enf

the prison system

and the judiciary as a consequence of

stepped-up efforts against drug traffickers

_ and users. Prosecuting attorho^^

i'K ® officials

in^vt ^'^P^riencing overwhelming

mcreases in c^eloads. These addition-

Pf funding

ensure that those

^^ted for drug crimes will be prosecuted

and. If convicted, will serve the

A /• sentences imposed under the

Anti-Drug Abuse Act of 1986

supply of drugs, the

Kepublican package would:

Provide bounties for citizens who

^^Port drug dealers to the police.

Provide mandatory stiff sentences

for those who sell drugs to minors.

Provide the death penalty for drugrelated

murder.

Reform habeas corpus and the exclusionary

rule to aid in drug enforcement

and conviction.

FTovide heavier civil penalties for

heroin or cocaine possession.

-— vilc * lor c

PP,?y'pted a third time.

ir.r^ enhanced penalties for selling

drugs near yards or public housing

projects; using juveniles in drug trafficking

and operating common carriers

under the influence of drugs or alcohol.

Provide criminal penalties for polluting

Federal lands in the course of

drug activities.

Provide mandatory adult status

for juveniles with prior drug convictions.

Track precursor chemical substances

needed for the manufacture of illegal

drugs.

Clamp down on drug distribution in

Federal prisons and extend sentences

of inmates who use drugs. Make drug

testing a condition for parole or probation.

Strengthen the direction, supervision

and coordination of Federal antidrug

programs by establishing a Cabinetdevel

Director of Drug Control

within the Executive Office of the

President. The Director will head the

rational Drug Policy Board and will

advise the President and Congress on

domestic and international drug policies

and programs and see to their implementation.

Make improvements in Justice forfeiture

funds, increase the availability

of Federal asset forfeiture laws to

State and local police agencies and

stipulate that the funds provided to

state and local authorities for their

share of seized assets should be spent

on bringing drug criminals tb justice.

Enlarge and strengthen the legal authority

of the Immigration and Naturalization

Service to stop drug smuggling

and prosecute alien drug traffickers.

Provide major new funding and in-

^eased authority for the Coast

Guard, the National Guard, the Customs

Service, the FBI, the Drug Enforcement

Agency, the Bureau of Alcohol,

Tobacco, and Firearms, and the

U.S. Forest Service to carry out their

drug enforcement activities.

The Republican program is estimated

to cost $2.4 billion. In the conference

report on the fiscal year 1989

budget resolution, additional funding

up to $2.6 billion in budget authority

and $1.4 billion in outlays were provided

for antidrug efforts once an emer

gency is declared. The levels of snend

ing andTunding in this omnibus antidrug

bill are consistent with those oro

visions. Moreover, forfeiture fum^"

from seized assets of drug dealers wiU

help allay the costs of State and local

authorities for investigating, prosS

ing. and incarcerating drug law

tors. Finally, the savings thatTanyiif

businesses, government

will realize if the Republican infnfr^^

is enacted will more th^n t

costs Of the enthe program.'^^''

July 12, 1988 CONGRESSIONAL RECORD — SENATE S 9297

Mr. President, this Republican initiative

is an excellent blueprint for success

in our national war on drugs. It is

designed to secure drug-free schools,

workplaces, transportation, housing,

and prisons and ultimately ensure a

drug-free society. I applaud the distinguished

minority leader for his leadership,

diligence, and hard work in putting

together this package. I hope that

our Democratic colleagues will join us

Republicans in this effort, so that we

can enact a tough bipartisan package

that will reflect our dual emphasis on

limiting the supply of drugs and halting

the demand for drugs. If we work

together constructively, we can

produce a truly effective antidrug program

which we can all be proud of and

v/hich we can confidently predict will

lead us to a drug-free America by the

end of this century.

report for duty. One member of the

>1947 force later recalled, "there were

only about 100 of them working.

About 50 never came to town."

tion, and the intention of other Senators,

to give the Senate a chance to do

just that, as soon as we can.

BICENTENNIAL MINUTE

JULY 12, 1947: FORMER CAPITOL POLICEMAN

SHOOTS AT SENATOR

Mr. DOLE. Mr. President, 41 years

ago today, on July 12, 1947, a former

Capitol policeman, attempted to assassinate

Senator John W. Bricker of

Ohio. The assailant fired twice at

Bricker, who was on his way to the

Senate Chamber to answer a quorum

call. The first shot just missed his

head as he was making his way toward

the old monorail subway in what is

now known as the Russell Building. As

Bricker crouched under the car's front

seat and called to the operator to

"step on it," the second shot whistled

above his head. When he-arrived at

the Capitol, he cooly phoned his secretary

on another matter and forgot to

mention the incident. When the operator

returned the car to the office

building-end of the line, he found the

gunman waiting. The assailant then

exited and took a cab to his wife's

home, where he was apprehended. -

Asked why he attempted to shoot

Bricker, the assailant observed that he

was "trying to refresh his memory."

Senator Bricker interpreted this to be

a reference to his role, as attorney

general of Ohio, in liquidating a savings

and loan association 15 years earlier,

when the assailant had suffered

financially from that action. Later, as

a Capitol policeman, the man had

once accosted Bricker outside the

Senate Chamber to air this grievance.

Bricker had also been responsible for

removing him from the Capitol Police

Force in favor of his own patronage

appointee.

After his scare. Senator Bricker

urged increased security measures and

an end to the practice of selecting

police on a patronage basis. He also

called for an increase in the size of the

police force on the Hill. The Senate

Sergeant at Arms, in defense of hi^

men, accurately explained that his

force was "spread pretty thin." At that

time, police rolls carried the names of

157 men. Of that number, several

dozen were allegedly not required to

DEMOCRACY AND DIPLOMACY—

SANDINISTA STYLE

Mr. DOLE. Mr. President, a delegation

of Nicaraguan Democratic opposition

leaders were supposed to go to

Costa Rica today, to discuss with

President Arias the internal political

situation in Nicaragua. They won't be

able to make the trip, since several of

them are among the approximately 40

opposition leaders thrown in jail yesterday—

for the crime of engaging in a

peaceful rally, demanding their

human rights. ,

The only independent paper m Nicaragua,

La Prensa, would have gone to

press today, to report on the rally and

the arrests. But its readers will look in

vain for it on the stands, since the

.paper has been shut down by the Sandinistas—

for the crime of reporting

the truth. . • — ' "

The only independent radio station

in Nicaragua, Catholic Radio, would

likely have reported today on the demonstrations,

the arrests and the shutdown

of La Prensa. But listeners

turning their dials in search of the

morning news broadcasts will be out of

luck, since the Sandinistas have closed

down Catholic Radio—for the crime of

broadcasting the truth.

And the American Ambassador and

his staff would have been occupied

today keeping us informed of evolving

events. But they will be too busy packing,

since the Ambassador and seven

others have been ordered out of the

country—for the diplomatic crime of

observing and reporting on repeated

Sandinista lies and oppression.

Mr. President, the difference between

Violetta Chamorro, the editor

of La Prensa, and the others who have

been shut down and jailed—the difference

between them and Daniel Ortega

is clear and simple. They believe in the

truth, and Daniel Ortega lives by lies.

The difference between the Democratic

opposition inside and outside

Nicaragua, and the Sandinistas, is

clear and simple. The opposition believes

in freedom, and the Sandinistas

do not.

The difference between the Central

American democracies who are signatory

to the peace accords, and the Sandinista

regime in Nicaragua, is clear

and simple. The democratic countries

permit their own people their liberty,

and they keep their word. The Sandinistas

do not.

Mr. President, the Sandinistas are

different from us. We want freedom

and independence for Nicaragua. And

they want tyranny, and are willing to

sell out Nicaraguan sovereignty in exchange

for Soviet arms and rubles.

The Sandinistas are dictators. They

are liars. The are Communists.

That is the truth. It is about time we

acted on that truth. And is my Inten-

CRISIS IN NICARAGUA

Mr. McCAIN. Mr. President, I rise to

discuss a very serious event that h^

taken place in the last few days in

Nicaragua, events that should be

alarming to all of us who are concerned

about this Nation's national security

interests in Central America,

and indeed throughout this hemi-;

sphere.

Let me just remind you of the events

of the last few days. The Sandinista

government has broken up a government-

approved demonstration with

tear gas and clubs.

On television, we watched innocent

Nicaraguan civilians, who were exercising

their basic human rights of

peacefully demonstrating, being

gassed, beaten, and clubbed in the

streets.

• Forty-eight opposition members

have been arrested and thrown in jail,

without charge. These 48 opposition

members are leaders and courageous

Nicaraguans who are seeking the guarantees

that were affirmed by their

government in the signing of the Esquipulas

agreement.

La Prensa, the only newspaper in

Nicaragua that is truly independent,

has been shut down indefinitely—

clearly a violation of any semblance of

human rights. I grieve for Mrs. Violato

Chamorro and her family, who have

sought courageously for many years to

allow the people of Nicaragua to have

access to a free and independent press.

Catholic Radio has been shut down

for 2 weeks. For what reason? Some

vague and undetermined reason described

by the Sandinista government,

I believe, as suctions contrary to the

best interests of the state. If that is

not classic Marxist dialog. I have never

heard it.

Seven U.S. diplomats have been expelled,

including our Ambassador. Of

course, that is a serious situation. But

let us not be diverted by the departure

of our Ambassador and seven officers

from what is happening in Nicaragua

today, and that is that we are seeing a

clear abrogation of the Esquipul^

agreement, the agreement made in

1979, when the Sandinistas came to

power, and the rapid disappearance of

any semblance of human rights in

Nicaragua.

Mr. President, the responsibility for

this turn of events, in my view, directly

rests on the Congress of the United

States, which made this course of

events almost inevitable when we cut

off aid to the Contras.

In conversations with the leader on

this side of the aisle and other Members

of the Senate, I think we ought to

seriously contemplate attaching that

amendment to any of the bills we are

considering this week, calling for a resumption

of aid to the Contras as soon