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CONTROL OF ILLICIT TRAFFIC IN DANGEROUS DRUGS

ISSUE BRIEF NUMBER IB7606l

AUTHOR:
Harry Hogan

Government DiViSiOI'1

THE LIBRARY OF CONGRESS
CONGRESSIONAL RESEARCH SERVICE

MAJOR ISSUES SYSTEM

DATE ORIGINATED O9/O1/76
DATE UPDATED 06/01/83

FOR ADDITIONAL INFORMATION CALL 287-5700

0617

CRS- l IB7606l UPDATE-O6/O1/83

‘ISSUE DEFINITION

Suppression of illicit traffic is only one aspect of the general Federal
Government effort to prevent the abuse of narcotics and other dangerous
drugs, but in political significance it is undoubtedly paramount. Various
approaches to the problem have been suggested and tried since the first
explicitly anti-opium law was enacted in 1887. Major current proposals and
areas of investigation concern appropriate penalties for trafficking
offenses, the release of accused and convicted traffickers on bail and
through other release procedures, general sentencing reform, exclusionary
rule reform, the organization and policies of the Federal enforcement effort,
the financial activities of drug traffickers, forfeiture of trafficker
assets, marihuana eradication programs -- both foreign and domestic, and ways
of securing maximum cooperation in traffic control measures from the
countries figuring in either the production of dangerous drugs or their
transport into the United States.

BACKGROUND AND POLICY ANALYSIS

During the more than 100 years of Government attempts to control dangerous
drug use in the United States, a number of legislative approaches have been
tried. Until a decade or so ago, Federal interest was for the most part ‘I
the regulatory'area - in current terminology, "supply reduction", as oppos h
to "demand reduction." The Federal regulatory laws have been based both on
the tax power and on the power to regulate interstate and foreign commerce.
In a landmark enactment of 1970, these laws were consolidated and extensively
revised. Also important to the general effort to control abuse has been the
rapid expansion, during the past 15 years, of efforts to reduce the demand
for drugs through provision of assistance for treatment, research, training,
and education.

As for reducing the supply of drugs, in particular the narcotic drug
heroin, several issues have continually attracted interest in Congress in
recent years. Among the more recurrent are: (l) appropriate and effective
penalties for trafficking, (2) the possibility of preventive detention of
accused traffickers awaiting trial or sentence or pending appeal of sentence,
(3) organization of the executive branch effort to enforce the regulatory
statutes, and the specific enforcement policies pursued, (4) identification
of the most effective measures for curbing illicit international traffic and
ways to induce cooperation towards those ends by other countries, and (5)
methods of penalizing traffickers "through the pocketbook," including the
strengthening of criminal forfeiture provisions in both the Controlled
Substances Act and the Racketeer Influenced and Corrupt Organizations Act.

Although basic Federal authority over the drug industry derives from the
Food, Drug and Cosmetic Act of 1938, of which the earliest provisions were
enacted in 1906, the most important narcotic controls have been achieved
through separate and more restrictive statutes. The Harrison Act of 19. ,
supplemented through the years by a number of other statutes, was the
principal Federal narcotics law until the 1970 revision. The Harrison Act
was designed to curb access to narcotics through the imposition of a tax
along with strict procedures for its payment. Similar controls were applied
to marihuana in l937. A

'cRs- 2 1375051 UPDATE-O6/Ol/83

In the years following World War II, reports of a substantial increase in
aroin use were responsible for enactment of several measures intended to
strengthen anti-narcotics laws. These laws were generally characterized by
higher penalties, including one providing for the possibility of the death
sentence for an adult convicted of selling or giving heroin to a minor. In
1965, the Drug Abuse Control Amendments (to the Food, Drug and Cosmetic Act)
brought amphetmines, barbiturates and similar drugs under special, more
restrictive control.

During the l960s and early 1970s, the emphasis on supply reduction and
heavy penalties was challenged in Congress with growing frequency, and
legislation in that period reflected a greater concern with reduction of
demand, through the provision of treatment and rehabilitation services to
drug users. The Community Mental Health Centers Act of l963 ultimately
became the vehicle through which Congress established a specialized Federal
grant program for treatment of drug dependence, and the Narcotic Addict
Rehabilitation Act of 1966 authorized civil commitment (for treatment) of
addicts charged with Federal offenses, a new concept in the Federal justice
system with respect to disposition of the criminal addict.

Budget totals provide a good measure of the broadening, during the past
decade, of the Federal commitment to prevention of drug abuse: spending for
all activities related to this purpose rose from $74 million in FY69 to
approximately $850 million in FY82. Drug abuse "law enforcement" spending

.went from $37 million to $666 million during the same period. Estimated

total obligations for FY83 are $894 million, of which some $703 million are
ztended for law enforcement efforts.

In l970 the entire complex of Federal ‘narcotic and dangerous drug

regulatory law was consolidated and rewritten as the Controlled Substances

_1ct (CSA). In part the result of a 1968 Government reorganization that

merged several existing drug control bureaus into a new agency, the new act
not only instituted tighter controls over the pharmaceutical industry, but
also revised the existing penalties for narcotic and dangerous drug law
offenses.

The penalty revisions in the CSA included reduction of all first-time
simple possession offenses to the misdemeanor level; elimination of all
mandatory penalties except in cases involving a special category of
professional criminal; and the provision for possibility of probation,
suspended sentence, and parole for any offender except one sentenced under a
special professional criminal provision.

‘Within only a few years of enactment of the 1970 law, there were calls in
Congress and elsewhere for reinstatement of mandatory penalties, especially

for the narcotic trafficking offenses, and in 1973 the Nixon administration.

submitted a proposal to this effect. A companion measure provided for the
pre- and post-trial detention of persons charged with specified drug
trafficking offenses. The Ford administration sent up a bill with similar
provisions.

Proposals for reinstatement of mandatory penalties raise the following
guestions: (1) What are the proper and just penalties for the offense in
question? (2) Even if the offense is seen‘ as justifying a repressive
penalty, would the penalty actually serve the interests of society? (3) Are
heavy penalties an effective crime deterrent? (4) Regardless of deterrence
value, are heavy penalties justified on the ground that they remove a danger
to the community for a substantial period of time? (5) Is it the strict

cRs~ 3 IB7606l  UPDATE-O6/O1/83

statutory penalty or the certainty of punishment that acts as a cri
deterrent? (6) As long as arrest and conviction rates remain low, co

istatutory penalties have much impact? (7) Is it wise to limit judicial

discretion in the sentencing process? (8) Is there a solid basis for the
assumption that without mandatory penalties judges will fail to impose
appropriate sentences?

Proposals for preventive detention of certain high risk offenders have in
the past faced strong opposition on constitutional grounds. However, the
Drug Enforcement Administration contends that dangerous drug offenders are
unusually prone to return to illicit activity while awaiting trial or
sentence and that current bail release procedures are badly hindering the
Government's narcotics control effort. One answer to this complaint has been
that if the criminal justice process could be expedited, the release‘ periods
for such offenders would not be so lengthy; it was hoped by some that passage
of the "Speedy Trial Act of 1974" (P.L. 93-619) would solve the problem. A
central question is how effective that law will prove to be. Another is

whether there iS I10t some alternative t0 detention, SUCH as a pre-trial-

version of probation.

The third major theme of the debate over how to stem drug abuse concerns
the actual structure of the Federal effort. The so-called "law enforcement"
side of that effort has undergone a number of reorganizations in recent
years, but questions continue to be raised. These include: (1) Do the Drug
Enforcement Administration (DEA) and the Customs Bureau still have
jurisdictional difficulties despite Reorganization Plan No. 2 of l973, wh:
was supposed to solve this problem? (2) Is there sufficient coordination of
Federal law enforcement efforts in general? (3) Is there sufficient
commitment at the White House level? (4) What is the appropriate role of the
FBI in drug law enforcement? (5) Should all Federal activities concerned with
Srug abuse problems be centered in one agency, as recommended in 1973 by the
Hational Commission on Marihuana and Drug Abuse? Alternatively, should a
special "drug czar" office be established to formulate policy and to
coordinate activities of all operating drug enforcement agencies? (6) what is
the appropriate and most desirable relationship of DEA to local law
enforcement agencies?

A continuing concern of both Congress and the executive branch is how best
to secure the cooperation of other countries in the drug control effort. In
addition to diplomatic maneuvers and the operation of DEA agents overseas,
the United States presently provides direct monetary assistance to a number
of countries for narcotics control purposes. This "International Narcotics
Control Program" was established by a l97l amendment to the Foreign
Assistance Act; in recent years the program's reauthorization has been
limited to a period of one year at a time. One of the most important of the
efforts initiated has been the poppy eradication operation in Mexico,
involving massive spraying of herbicides during the growing seasons. U.S.
officials have for the most part been highly enthusiastic about the program,
generally crediting it with a substantial decline in the amount of Mexican
heroin coming into the United States. However, after a period of several
years grace, the vacuum thus created has been filled by imports f“ n
Southwest Asia.

Many drug source countries have been recipients of assistance provided
through the International Narcotics Control program, which has been
associated with a number of controversial issues. These have included (1)
the level of influence of Drug Enforcement Administration personnel in
shaping the ‘efforts assisted; (2) direct participation of _U.S. law

CRS- 4 IB7606l UPDATE-O6/Ol/83

enforcement officials in foreign drug law enforcement activities; (3) use of

,S.—supplied equipment and of U.S.-trained personnel for purposes other than
drug traffic control, particularly in support of non-democratic governments,
and (4) use of allegedly harmful herbicides in eradication programs. A
related issue is the general question of the diplomatic "linkage" of U.S.
concerns over the drug problem to all forms of U.S. assistance to, or other
accommodation of, drug source countries.

A major review of Federal drug traffic control efforts, completed by the
General Accounting Office in l979, acknowledged "positive results" but
characterized the gains as "fragile" and "requiring constant vigilance" for
these reasons:

-~ source countries move quickly to fill temporary drug
shortages,
-- trafficking patterns shift, and
-— the types of drugs consumed readily change.

Cited as inescapable factors were the enormous profits of drug trafficking,
the ease of smuggling drugs into the United States and of subsequent
distribution, and the social, economic, and political realities of most
drug-producing countries. The report called for a "much tougher and
consistent stance“ and the implementation of specific measures, including (1)
changes in Federal bail and sentencing practices, (2) State Department
preparation of "realistic" Country Narcotics Action Plans, (3) resolution of

)rder management "problems", and (4) clarification of the roles 'of various
government levels of drug law enforcement,-with increased reliance on State
and local levels. A more recent study by the same agency, yet to be
released, reportedly remains critical, citing in particular the absence of
roordinated, Government-wide policies and a lack of general cooperation among
operating-level agencies involved in drug law enforcement.

During the past several years Congress has been working ‘on various
proposals for the revision and reform of the Federal Criminal Code. This
work continued in the 97th Congress. Several versions of code reform have
been proposed, in some cases involving such substantive changes in drug law
as a return to mandatory penalties for certain trafficking offenses and the
effective decriminalization of possession offenses involving small amounts of
marihuana. Ultimately, the legislative focal point of the 97th Congress was
an omnibus crime control bill passed by the Senate during the second session,
the "Violent Crime and Drug Enforcement Improvement Act of 1982" (S. 2572).
A number of the bill's provisions were included in a scaled-down version sent
to the President (H.R. 3963), who exercised a pocket veto, citing in

particular his objection to a provision that would have created a "drug czar"

office.

LEGISLATION

H.R. 53 (Bennett), S. ll46 (Bentsen, Deconcini, and Domenici)

Amends the Federal Aviation Act of 1958 to provide for the revocation of
airman certificates, and for additional penalties for the transportation by

aircraft of controlled substances, and for other purposes. H.R. 53
introduced Jan. 3, 1983; referred to Public Works and Transportation. 8.

1146 introduced Apr. 26, 1983; referred to Commerce, Science, and
Transportation. A

CRS- 5 IB7606l UPDATE-O6/Ol/B3

H.R. 2013 (Conyers) Related bills: S. 829/H.R. 2151, S. 830 .

Criminal Code Revision Act of 1983. Revises title 18 of the U.S. Code.
Transfers criminal penalty provisions of the Controlled Substances Act to the
revised title and makes some substantive changes. Introduced Mar. 9, l983;
referred to Judiciary.

H.R. 2282 (McKinney et al.)

Amends the Controlled Substances Act to provide for the therapeutic use of
marihuana and for other purposes. Introduced Mar. 23, 1983; referred to
Energy and commerce.

H.Res. 49 (Rangel and Gilman)

Provides for the continuance of the Select Committee on Narcotics Abuse
and Control. Introduced Jan. 31, 1983; referred to Rules. Reported March 7
(H.Rept. 98-4). Passed March 8, 1983.

S. 422 (Jepson and Thurmond)/H.R. 1255 (Hyde) Related bills: S. 109, S.
387, s. 721, H.R. 1661

Makes it a Federal offense to rob a pharmacy of a narcotic drug,
amphetamine or barbiturate that is listed in Schedules I through IV under the
Federal Controlled Substances Act. Introduced Jan. 26, 1983; referred to
Judiciary. I

S. ll7 (Chiles and Nunn)
Crime Control Act of 1983. .
Title I-Organized Crime Enforcement. Among other things, (1) grants

‘Limited Federal j1lI‘iSdiCtiOI1 over C3595 involving contract killings OI‘ murder -

for hire; (2) amends the obstruction of justice statute to cover informants
and potential witnesses as well as witnesses who actually are under subpoena
to testify; (3) amends the Freedom of Information Act to increase protection
of information that would identify confidential informants; (4) permits
Federal judges to seal those portions of wiretap documents that could reveal
ongoing criminal investigations or wire intercepts.

Title II-Bail Reform. Specifies that in setting the conditions of
release of persons charged with trafficking in certain narcotics and other
dangerous drugs the judicial officer shall consider the danger the defendant
might pose to the community if released. Sets forth circumstances in which a
drug law offender should be denied release prior to trial.

Title III -- Sentencing. Increases penalties for persons who commit
violent crimes with a dangerous weapon or a destructive device.

Title IV -- Habeas Corpus Reform. Revises Federal habeas corpus
statutes by eliminating purely technical challenges to convictions fairly
arrived at in a state court. Introduced Jan. 26, 1983; referred to

Judiciary.

. S. 215 (Thurmond, Biden et al.) Related bills: H.R. 1098, Title II of
S. ll7, S. 406

Amends the Bail Reform Act of 1966 to permit consideration of danger to
the community in setting pretrial release conditions, to expand the list of
statutory release conditions, to establish a more appropriate basis for

CRS- 6 IB7606l UPDATE-06/Ol/83

deciding on postconviction release, and for other purposes. Introduced Jan.
7, 1983; referred to Judiciary. Reported May 25 (S.Rept. 98-147).

S. 503 (Humphrey et al.)

Makes it unlawful to manufacture, distribute, or possess with intent to
distribute, a drug that is an imitation of a controlled substance or a drug
that purports to act like a controlled substance. Introduced Feb. 16, 1983;
referred to Judiciary.

S. 829 (Thurmond and Laxalt)/H.R. 2151 (Fish) Related bills: H.R. 2013,
S. 830

Comprehensive Crime Control Act of 1983. The following are the more
significant titles or provisions in relation to dangerous drug control:

Title I. Bail Reform. Related bills: Title II of S. 117, S. 215,
Title II of S. 830, H.R. 3005 . Amends the Bail Reform Act of 1966 to (1)
permit danger to the community to be considered in ‘determining whether to
release an accused individual pending trial, or, if release is appropriate,
in determining conditions for release (2) establish procedures for revocation
of release, and contempt-of-court prosecution, for committing a crime while
on release; (3) tighten the criteria for postconviction release pending
sentencing and appeal; (4) provide for consecutive sentences for persons
convicted of crimes committed on pretrial release; and (5) increase penalties
for jumping bail.

Title II. Sentencing Reform. Related bills: S. 668, Title II of S.
830, S. 1182 . Creates a determinate sentencing system, with no parole and
limited good time credits. Establishes a sentencing commission, to be
responsible for formulating guidelines to be used by the courts in
determining appropriate sentences.

Title III. Exclusionary Rule Reform. Related bill: S. l0l Narrows
the application of the court-made rule requiring suppression of improperly
seized evidence by allowing admission where the officers making the seizure
were proceeding upon a "reasonable, good faith belief" that they were acting
properly.

Title IV. Forfeiture Reform. Related bill: Title III of S. 830
Amends both 18 U.S.C. 1963 (a provision of the Racketeer Influenced and
Corrupt Organizations Act) and the Controlled Substances Act to (1) provide
for the criminal forfeiture of the proceeds of racketeering or drug
trafficking activity, (2) establish the sanction of criminal forfeiture for

all felony drug :offenses, (3) in general facilitate forfeitures in
drug-related and racketeering cases, and (4) raise the ceiling on the value
of property subject to administrative forfeiture -- from $10,000 to $100,000.

o Title VII. Drug Enforcement Amendments. Part A. Controlled substance

penalties. Amends both the Controlled Substances Act and the Controlled
Substances Import and Export Act to (1) increase the maximum prison penalties
“fir trafficking in large (specified) amounts of an opiate, cocaine,
,nencyclidine (PCP), or LSD; (2) increase the fine level for trafficking in
any controlled substance; (3) increase prison penalties and fines for
trafficking in any amount of most non-narcotic substances in Schedules I or
II (includes LSD and PCP); (4) increase penalties for trafficking in
marihuana in amounts ranging from 50 to 454 kilograms; and (5) permit State
and foreign felony drug convictions to be considered under the enhanced

CRS- 7 IB7606l UPDATE-O6/01/83
sentencing provisions for repeat drug offenders.

Part B. Diversion control amendments. Among other things, (1) provides
for new emergency authority to bring an uncontrolled substance under
temporary control; (2) increases regulatory authority of the Drug Enforcement
Administration over practitioners (e.g., expands authority to revoke or
suspend registrations); (3) simplifies practitioner registration requirements
(allowing a 3-year life-span if determined appropriate); (4) expands
reporting requirements for drug distributors; clarifies the control of
isomers; and (5) authorizes a program of grants to State _and local
governments to assist them in thef suppression of diversion of controlled
substances from legitimate medical, scientific, and commercial channels.

Title XII. Foreign Currency Transaction Amendments. Related bill: S.
902 Amends the Currency and Foreign Transaction Reporting Act to make it
more difficult to transfer or transport out of the country currency derived
from drug trafficking. _Specifically, provides forl payment of rewards for
information leading to conviction of money launderers, establishes sanctions
for "attempted" illegal currency transactions, and authorizes border searches
related to currency transaction offenses.

Title XIV. Violent Crime Amendments. Part A. Extends existing Federal
jurisdiction over contract killings and violence related to racketeering
where travel across State lines is involved."

Part B. Creates sanctions for the offense,of soliciting the commissi
of a crime of violence. A

Part M. Related bill: H.R. 2643 Amends Federal extradition laws to
facilitate extradition of terrorists, narcotics traffickers, and other
unternational criminals to foreign countries with which the U.S. has an
extradition treaty. '

Title XV. Serious Nonviolent Offenses. Part C. Makes it an offense
to warn anyone that his property  is about to be searched by Federal
authorities.

Title XVI. Related bill: Title II of S. 830 Procedureal Amendments.
Part A. Prosecution of certain juveniles as adults. Amends the juvenile
delinquency chapter of title 18, U.S. Code, to lower the age at which an act
would be considered a crime if committed by an adult, and generally modifies
provisions that allow for special handling of juveniles, to encourage adult
treatment of offenders charged with crimes of violence or drug trafficking
offenses.

Part F. Witness Security Program improvements. Explicitly authorizes
witness relocation and protection and provides a procedure for handling civil
claims filed against protected witnesses.

The Senate bill, S. 829, introduced Mar. 16, 1983; referred to
Judiciary. H.R. 2151 introduced Mar. 16, 1983; referred to Judiciary.

S. 830 (Biden et al.) Related bills: S. 117, S. 215, S. 668, S. 829,
S. 1182, H.R. 2013, H.R. 3005

National Security and Violent Crime Control Act of 1983. The following
are the more significant titles and provisions in relation to dangerous drug
control:

CRS- 8 IB7606l UPDATE-06/01/83

Title I. Narcotics Law Enforcement. Subtitle A. National Narcotics
act of l983. Establishes a cabinet-level office of Director of National and
International Drug Operations and Policy to plan and coordinate drug law
enforcement efforts of the Federal Government.

Subtitle B. Illegal use of aircraft. Amends the Federal Aviation Act:
to provide for the revocation of an airman certificate, issued under the Act,
upon the conviction in any court of the holder for any violation of State or
Federal law relating to the transportation or distribution of a controlled
substance; to increase penalties for the manufacture, sale or use of a
fraudulent airman certificate or forflthe display on any aircraft of marks
that are false or misleading as to the nationality or registration of the
aircraft; and to make it a Federal offense to operate an aircraft to commit
or abet an act that violates Federal or State law relating to the regulation
of controlled substances, subject to penalties of up to 5 years in prison and
up to $25,000 for a first offense and double for a second.

Subtitle C. Mutual ‘assistance treaties. Calls upon .the Attorney
General t0 negotiate agreements t0 secure the cooperation Of foreign law
enforcement authorities t0 prevent the use Of foreign banking facilities as
havens for the proceeds Of crime.

Title II. Bail, Sentencing, and Criminal Procedure Reform. Subtitle A

-- Bail reform. Amends the Bail Reform Act of 1966 to (1) permit potential
danger to the community to be considered in determining whether to release an
zcused individual pending trial or, if release is appropriate, in
determining conditions for release (creates a rebuttable presumption that an
individual is a potential danger to the community if he falls into one of 6
specified categories, which include persons who have committed a serious drug

trafficking offense), (2) tighten the criteria for post-conviction release.

pending sentencing and appeal, (3) establish procedures for revocation of
release, and contempt-of-court prosecution, for committing a crime while on
release; (4) provide for consecutive sentences for persons convicted of
crimes committed on pretrial release; and (5) increase penalties for jumping

Subtitle B -— Sentencing reform. Creates a determinate sentencing
system, with no parole and limited good time credits. Establishes a
sentencing commission, to be responsible for formulating guidelines to be
used by the courts in determining appropriate sentences. Requires. maximum
penalties for repeat offenders charged with a crime of violence or a drug
trafficking offense.

Subtitle D -- Violent Juvenile Reform Act of 1983. Amends the juvenile

idelinquency chapter of Title 18, U.S. Code, to lower the age at which an act

would be considered a crime if committed by an adult and generally modifies
provisions that allow for special handling of juveniles, to encourage adult
treatment of offenders charged with crimes of violence or drug trafficking
offenses. .

Subtitle E -- Federal Diversion Act. Establishes a new program of
ffender diversion for persons charged with non-violent crimes -- emphasizing
rehabilitative services provided under supervision.

Title III. Organized Crime. Subtitle A -- Narcotics law enforcement
policy goals and report requires the Attorney General to submit (l) within 90
days and thereafter annually, a report explaining how any proposed

CRS- 9 IB7606l UPDATE-06/01/83

reorganization of the Drug Enforcement Administration and Justice Departme““
narcotics control policy and organized crime control policy generally will
accomplish certain specified goals, and (2) within 60 days, "a complete
report on the status of organized crime" in the Nation.

Subtitle C -- Criminal forfeiture. Amends both 18 U.S.C. 1963 (a
provision of the Racketeer Influenced and Corrupt Organizations Act) and the
Controlled Substances Act to (1) provide for the criminal forfeiture of the
proceeds of racketeering or drug trafficking activity, (2) “establish the
sanction of criminal forfeiture for all felony drug offenses, (3) in general
facilitate forfeitures in drug-related and racketeering cases, and (4) raise
the ceiling on the value of property subject to administrative forfeiture —=
from $10,000 to $100,000. Introduced Mar. 16, 1983; referred to Judiciary.

S. 902 (Roth, Rudman, et al.) Related bill: Title XII of S. 829

Amends the Currency and Foreign Transactions Reporting Act to (1) raise
the dollar amount in connection with which a report must be filed with the
Government prior to the transport of money or monetary instruments out of the
U.S. -- from $5,000 to $10,000, (2) make it illegal to attempt to carry out
an amount in excess of $10,000 absent the required report, (3) allow Treasury
Department officials to pay a reward to informants for information which
leads to a recovery of a fine, civil penalty or forfeiture under the act
whenever the amount of recovery exceeds $50,000 and (4) increase the
penalties and fines for failing to file the necessary currency reports.

Amends the Racketeer Influenced and Corrupt Organizations Act to I
make criminal violations of the Currency and Foreign Transactions Reporting
Act one of the categories of criminal acts covered by the definition of
"racketeering activities." Adds major violations of the CFTR Act to the
enumerated statutes under the Federal wiretapping statute. Introduced Mar.
i3, 1983; referred to Judiciary.

S. 1143 (Hawkins)
Conditions U.S. assistance to any country that is a major producer of
opium, coca, or marihuana on reductions by that country in the levels of such

production. Introduced Apr. 26, 1983; referred to Foreign Relations.

S. 1192 (Thurmond and Biden)/H.R. 2894 (Fish) Related bill: H.R. 2912
(Rodino)

Department of Justice Appropriation Authorization Act, FY84. For the

Drug Enforcement Administration, authorizes $275.6 million. For_ Organized
Crime Drug Enforcement, authorizes $89.9 million. As reported, H.R. 2912

authorizes $284.5 million for the DEA and $89.9 million for OCDE. S. 1192
introduced May 2, 1983; referred to Judiciary. H.R. 2894 introduced May 4,
1983; referred to Judiciary. H.R. 2912 introduced May 4, 1983; referred to
Judiciary. Reported May 16 (H.Rept. 98-181). ’

S. 1347 (Percy)/H.R. 2992 (Zablocki and Broomfield)

International Security and Development Cooperation Act of 1983. W5+h
respect to the international narcotics program under the Foreign Assista. 2
Act, authorizes appropriations of $53,030,000 for FY84. As reported, both
the House and Senate bills require the President to suspend all U.S.
assistance to any country when he determines that the government of the
country has failed to take adequate measures to prevent narcotic or other
dangerous drugs, produced or processed illicitly in such country, from being
smuggled into the U.S. An end of the suspension would require a presidential

CRS-10 2 IB7606l UPDATE—06/O1/83

determination that the country's government had taken certain specified

teps, along with a report to Congress on the matter. The Senate bill
provides further that Congress, through a concurrent resolution, may direct
the President to suspend assistance under the section. S. 637 introduced

Mar. 1, 1983; referred to Foreign Relations. S. 1347, a clean bill, reported
in lieu of S. 637 May 23 (s.Rept. 98-146). H.R. l850  introduced iMar. 2,
1983; referred to Foreign Affairs.. H.R. 2992, a clean bill, introduced in
lieu of H.R. 1850 May 12, 1983. Reported May 17 (H.Rept. 98-192).

HEARINGS

U.S. Congress. House. Select Committee on.Narcotics Abuse and
Control.

~~—-~ Bail reform and narcotics cases. Hearing, 97th Congress, lst
session. Washington, U.S. Govt. Print. Off., 1981- 117 p.

--—-- Cocaine: a major drug issue of the seventies.
Hearings, 96th Congress, lst session. Washington,
U.S. Govt. Print. Off., 1980. 142 p.

--—-- DEA/FBI reorganization. Hearing, 97th Congress, 2d session.
Washington, U.S. Govt. Print. Off., 1982. 37 p.

--—-- Federal drug strategy: vprospects for the 1980's. Hearing, 96th
Congress, 2d session. Washington, U.Sl Govt. Print. Off., 1980.
164 p. .

--—-- Federal drug strategy-1981. Hearing, 97th Congress, lst
session. Washington, U.S. Govt. Print. Off., 1982. 54 p.

Financial investigation of drug trafficking. Hearing, 97th Congress,
lst session. Washington, U.S. Govt. Print. Off., 1981. 150 p.

--—-- Impact of Federal budget cuts on local narcotics law enforcement.
Hearing, 97th Congress, lst session. Washington, U.S. Govt. Print.
Off., 1981. 99 p.

—-~-- Investigation of narcotics trafficking proceeds
(Chicago, Ill.). Hearings, 95th Congress, lst session.
Washington, U.S. Govt. Print. Off., 1978. 289 p.

-5--— Sentencing practices and alternatives in narcotics cases. Hearing,
97th Congress, lst session. Washington, U.S. Govt. Print. Off.,
1981. 108 p.

U.S. Congress. Senate. Committee on Appropriations. Subcommittee
on State, Justice, Commerce, the Judiciary, and Related
Agencies. Federal drug enforcement and supply control efforts.
Hearing, 96th Congress, lst session. Washington, U.S. Govt.
Print. Off., 1980. 325 p.

U.S. Congress. Senate. Committee on Government Operations.
Permanent Subcommittee on Investigations.
Illegal narcotics profits. Hearings, 96th Congress, lst
 session. December 1979. Washington, U.S. Govt. Print. Off.,
1980. 507 p.

REPORTS

CRS-ll IB7606l

97th Congress,
Print. 0ff.,

International narcotics trafficking.
lst session. November 1981. Washington,
1981. 630 p.

Hearings...
U.S. Govt.

Congress. Senate. Committee on Government Operations.
Subcommittee on Reorganization, Research, and International
Organizations. Hearings, 93d Congress, lst session. April 1973.

2 parts. Reorganization Plan No. 2 of 1973. Washington,
UOSO    
Congress. Senate. Committee on the Judiciary.

Subcommittee on Constitutional Rights.
Preventive detention. Hearings, 91st Congress,
May and June 1970. Washington, U.S. Govt. Print.
1970. 1356 p.

2d session.
0ff.,

lst session.
Off., 1973.

Hearings ,
Washington ,

Speedy trial.
April 1973.

93d Congress,
U.S. Govt. Print.

Committee on the Judiciary.
Subcommittee on Criminal Justice. Forfeiture of narcotics
proceeds. Hearings, 96th Congress, 2d session. Washington,
U.S. Govt. Print. Off., 1981. 165 p.

Congress. genate.

Committee on the Judiciary. Subcommittee
Reform of the Federal
2d session, on 8.
Off., 1974.

Congress. senate.
on Criminal Laws and Procedures.
criminal laws. Hearings, 93d Congress,
and S. 1400. Washington, U.S. Govt. Print.
6805-7672 p. .

Part 10--Provisions relating to complicity, conspiracy,
drugs, government operations, Indians, insanity, intoxication,
jurisdiction, national security, obscenity, and offenses
against the person.

1

Congress. Senate. Committee on the Judiciary. Subcommittee

to Investigate Juvenile Delinquency.

Stopping "mother ships" -- a loophole in drug enforcement.
Hearing, 95th Congress, 2d session, on S. 3437. Aug. 22, 1978.
Washington, U.S. Govt. Print. Off., 1978. 118 p. *

AND CONGRESSIONAL DOCUMENTS

UOSO

Congress. House. Committee on Government Operations.

Dis approving Reorganization Plan No. 2 of 1973 (Drug
Enforcement Administration); report to accompany H.Res. 382.
Washington, U.S. Govt. Print. Off., 1973. 30 p. (93d Congress,
1st session. House. Report no. 93-228)

Military assistance to civilian narcotics law enforcement:
an interim report. Washington, U.S. Govt. Print. Off.,
1982. 23 p. (97th Congress, 2d session. House. Report
no. 97-921)

Congress.
Commerce.
Act of 1970;

House. Committee on Interstate and Foreign
Comprehensive Drug Abuse Prevention and Control
report to accompany H.R. 18583. Washington,

UPDATE-06/01/83

House

.level of drug trafficking in South Florida.

-HOUSE.

CRS-12 IB76061 UPDATE-06/01/83

UOSC
House.

Govt. Print. 2d session.

Report no.

Off., 1970.
91-1444)

(9lst Congress,
2 parts.

Criminal Code Revision Act of
6915. Washington, U.S. Govt.
(96th Congress, 2d session. House.

Committee on the Judiciary.
1980. Report to accompany H.R.
Print. Off., 1980. 758 p.
Report no. 96-1396)

Congress. House. Select Committee on Narcotics Abuse
and Control. Investigation of narcotics trafficking and
money laundering in Chicago. Washington, U.S. Govt. Print.
Off., February 1978. 43 p.

At head of title: 95th Congress,
print. 6
"Serial no.

1st session. Committee
SCNAC-95-1-16"

Problems of law enforcement and its effort to reduce the
Washington,

U.S. Govt. Print. Off., August 1978. 19 p.
At head of title: 95th Congress, 2d session. Committee
print.

"serial no. SCNAC-95-2-5"
----- Summary of testimony and findings and conclusions
resulting from oversight hearings on narcotic abuse and
control; interim report. Washington, U.S. Govt. Print.
Off., Mar. 1, 1977. ’87 p. (95th Congress, lst session.
Report no. 95-32) '

Congress. Senate. Committee on Government Operations.
Permanent Subcommittee on Investigations. Federal narcotics

enforcement; interim report. Washington, U.S. Govt. Print. Off.,
1976. 191 p. (94th Congress, 2d session. Senate. Report no.
94-1039)

Illegal narcotics profits. Washington, U.S. Govt. Print

Off., 1980 144 p. (96th Congress, 2d session. Senate
Report no. 96-887)
Congress. Senate. Committee on Government Operations.

Subcommittee on Reorganization, Research, and International
Organizations. Reorganization Plan No. 2, establishing a
Drug Enforcement Administration in the Department of Justice.

Washington, U.S. Govt. Print. Off., 1973. 58 p. (93d Congress,
lst session. Senate. Report no. 93-469)

Congress. Senate. Committee on the Judiciary. Controlled
Dangerous Substances Act of 1969; report to accompany S. 3246.
Washington, U.S. Govt. Print. Off., 1969. 165 p. (9lst Congress,
lst session. Senate. Report no. 91-613) -

Congress. Senate. Committee on the Judiciary. Criminal
Code Reform Act of 1979; report to accompany S. 1722.

Washington, U.S. Govt. Print. Off., 1980. 1507 p.
(96th Congress, 2d session. Senate. Report no. 96-553)

Criminal Code Reform Act of 1981; report to accompany S. 1630.

Washington, U.S. Govt. Print. Off., 1982. 1569 p.

(97th Congress, lst session.

CRS-l3 IB7606l UPDATE-O6/O1/83

Senate. Report no. 97-307)

CHRONOLOGY OF EVENTS

03/23/83

03/16/83

01/14/83

12/20/82

l0/14/82

09/30/82

09/03/82

05/26/82

05/21/82

The White House announced the creation of a new drug
interdiction group headed by Vice-President George
Bush. To be known as the National Narcotics Border
Interdiction System (NNBIS), it will coordinate

the work of Federal agencies with responsibilities
for interdiction of sea—borne, air-borne and
across-border importation of narcotics and other
dangerous drugs -- principally the Customs Service, the
Coast Guard, and the armed services. A
The Administration's omnibus crime control bill was
introduced in both Senate and House (S. 829/H.R. 2151).
An alternative bill was introduced by a group of

Senate Democrats, led by members of the Judiciary
Committee (S. 830).

President Reagan withheld his approval of H.R.
thus exercising a pocket veto. He was especially critical
of a provision establishing a "drug czar" office to
coordinate Federal drug law enforcement, and of the
absence of provisions dealing with certain major

crime and drug control problems.

3963:

A scaled-down version of the Violent Crime and Drug
Enforcement Improvement Act (H.R. 3963) was cleared
for the President.

President Reagan announced a major new drive against
illicit drug trafficking. The program involves
creation of 12 regional task forces and will reportedly
require the hiring of 1,200 new investigators and
prosecutors.

The Senate passed S. 2572, the Violent Crime and

Drug Enforcement Improvement Act and added the bill's
contents to H.R. 3963, which was also passed and
returned to the House.

The President approved the Tax Equity and Fiscal
Responsibility Act, which contains provisions designed
to remove impediments to Internal Revenue Service
cooperation with other Federal law enforcement agencies.
The changes are considered to be of special significance
in relation to Federal efforts to curb illicit drug
traffic.

An omnibus crime and drug control bill (S. 2572/H.R.
6497) was introduced in both the Senate and the

House. Sponsored by a number of committee chairmen and
ranking minority Members, the Senate bill was placed
directly on the calendar. -

The National Narcotics Intelligence Consumers Committee

01/28/82

01/21/82

12/01/81

08/19/81

06/19/81

06/16/81

09/25/80

01/17/80

01/30/78

08/02/77

CRS-14 IB7606l UPDATE-06/Ol/83
(NNICC) released its report on drug trafficking in
1980. The retail value of drugs supplied to the
illicit U.S. market in 1980 was in the range of $79
billion, according to the report, up from $65 billion
in 1979. Increases in estimated cocaine and marihuana
imports accounted for most of the difference in the

totals for the two years.

President Reagan announced the establishment of a
special task force to combat illicit drug traffic in
South Florida. Composed of officials from a number
of Federal agencies, who will work with State and
local authorities, the task force is headed by Vice
President Bush.

The Attorney General announced that the FBI had been
given concurrent jurisdiction with the Drug Enforcement
Agency (DEA) over the investigation of violations of
Federal dangerous drug laws. The DEA Administrator will
report to the Attorney General through the FBI Director.

The President signed P.L. 97-86, which contains a provision
authorizing certain kinds of cooperation by the Armed Services
with civilian law enforcement authorities for specific
purposes, including drug law enforcement.

The final report of the Attorney General's Task Force
on Violent Crime was released. The report

emphasizes the seriousness of illicit drug traffic and
the importance of a clear and consistent enforcement
policy. Recommendations included support of the use
of herbicides for drug crop eradication, support for
the use of military resources for drug interdiction,
and calls for changes in law and practice with respect
to bail, sentencing, and exclusion of evidence.

The Justice Department announced that the FBI's chief
investigator of organized crime, Francis M. (Bud)
Mullen Jr., would be named acting administrator of the
Drug Enforcement Administration.

DEA Administrator Peter B. Bensinger confirmed that
he would leave office July 10 at the request of the
Administration.

House Judiciary Committee reported H.R. 6915,
the criminal code revision bill.

The Senate Judiciary Committee reported
S. 1722, a bill for reform of the Federal Criminal
Code.

Senate passed S. 1437, amended, a bill for reform
of the Federal Criminal Code.

Congress received Presidential message on drug
abuse announcing general policy emphases, the
outline of a forthcoming Administration narcotics

CRS-15 ' 1375051 UPDATE-O6/01/83

trafficking control bill, and support for the
concept of Federal "decriminalization" of possession
of small amounts of marihuana (H.Doc. 95-200).

07/29/76 4- House voted to establish the Select Committee on

Narcotics Abuse and Control, charged with conducting
a general investigation of Federal drug abuse
control efforts and with making recommendations for
appropriate action to the standing committees with
relevant jurisdiction.

07/01/73 -- The Bureau of Narcotics and Dangerous Drugs and several
other agencies were merged into the Drug Enforcement
Administration, by Reorganization Plan No. 2 of 1973.
The new agency absorbed a number of Customs Bureau
officials.

02/07/72 —- President signed the Foreign Assistance Act of 1971
(P.L. 92-226), which contained a provision establishing
a program of assistance designed to encourage
international narcotics control.

10/27/70 -- President signed the Comprehensive Drug Abuse Prevention
and Control Act of 1970, an omnibus bill containing
the Controlled Substances Act, which consolidated and
revised the Federal narcotics and dangerous drug control
laws. '

04/08/68 -- The Federal Bureau of Narcotics (Treasury Department)
and the Bureau of Drug Abuse Control (HEW) were merged
into a new agency in the Justice Department, the
Bureau of Narcotics and Dangerous Drugs.

ADDITIONAL REFERENCE SOURCES

Bonnie, Richard J. Marijuana use and criminal sanctions.
Charlottesville, the Michie Company, 1980. 264 p.

Morgan, H. Wayne. Drugs in America. A social history: 1800-1980.
Syracuse, N.Y., Syracuse University press, 1981. 233 p.

National Task Force on Cannabis Regulation. The regulation and
taxation of cannabis commerce. ? December 1982. 64 p.

Research Triangle Institute. Drug use and crime: report of the panel on
drug use and criminal behavior. Washington, U.S. Department of
Commerce, September 1976. 561 p. (Prepared for the National
Institute on Drug Abuse; reproduced by the National Technical
Information Service under series number PB—259 167) (LRS76-17535)

U.S. Department of Justice. Attorney General's Task Force on
Violent Crime. Final report. Washington, U.S. Govt. Print.
Off., Aug. 17, 1981. 94 p. I

U.S. General Accounting Office. Drug control in South America
having limited success--some progress but problems are
formidable; report to the Congress by the Comptroller

‘General of the United States.

U.S.

CRS-16 1375051 UPDATE—06/Ol/83

Washington 1978.

(LRS78-5366)

37 p.
"GGD-78-45, Mar. 29, 1978"

Efforts to stop narcotics and

dangerous drugs coming from and through Mexico and Central
America (Drug Enforcement Administration, Department of
Justice, Department of State); report to the Congress by
the Comptroller General of the United States. Washington
1974. (B-175425) 50 p.

Federal drug enforcement: strong guidance needed (Departments
of Justice and the Treasury); report by the Comptroller
General of the United States. Washington 1975. (GGD-76-32) 91 p.

Gains made in controlling illegal drugs, yet the drug trade
flourishes; report to the Congress by the Comptroller General
of the United States. Washington 1979. (GGD-80-4). 214 p.

If the United States is to develop an international narcotics
control program, much more must be done; report to the
Congress by the Comptroller General of the United States.

Washington 1975. (ID—75—77) 89 p.

Illegal entry at United States-Mexico Border--multiagency
enforcement efforts have not been effective in stemming the
flow of drugs and people; report to the Congress by the
Comptroller General of the United States. Washington
1977.‘ 107 p.

"GGD-78-17, Dec. 2, 1977" (LRS77-16284)

Library of Congress. Congressional Research Service.
Federal laws relating to the control of narcotics
and other dangerous drugs, enacted
1961-1981; brief summaries by Harry Hogan.
Sept. 9, 1982. 29 p.

CRS Report 82-148 Gov

Washington

Federal Controlled Substances Act (Titles II and III, P.L.

91-513): summary and legislative history by Harry Hogan.

Washington April 9, 1980. 76 p. I
CRS Report 80-74 EPW

National Narcotics Intelligence Consumers Committee.
Narcotics intelligence estimate. The supply of drugs to

the U.S. illicit market from foreign and domestic sources.
Washington Drug Enforcement Administration 1978 + (annually)

Office of Drug Abuse Policy. Border management and

interdiction: an interagency review. Washington
Sept. 7, 1977. 59 p. plus appendices.
International narcotics control policy. Washington

March 1978. 95 p.

Supply control: drug law enforcement;
Washington December 1977. 61 p.-

an interagency review.
+ appendices.

President's Domestic Council. Drug Abuse Task Force.

CRS-17‘ IB7506l UPDATE-06/01/83

White paper on drug abuse. Report to the President...
Washington, U.S. Govt. Print. Off., September 1975. 116 p.

U.S. President. Office of Policy Development.
Drug Abuse Policy Office. Federal strategy for prevention of drug
abuse and drug trafficking, 1982. Washington, U.S.
Govt. Print. Off., 1982. 75 p.

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