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CONTENTS

S. 3411, 94th Cong., 2d Sess., May 11, 1976—A bill to protect the public from traffickers

in heroin and other opiates, and for other purposes

Letter of July 9, 1976 to Hon. Mike Mansfield, Majority Leader, U.S. Senate from

Senators Birch Bayh, chairman, and Roman L. Hruska, ranking minority member,

Subcommittee To Investigate Juvenile Delinquency, regarding hearings on the

President's proposal, S. 3411...

Untimely and Unjustified Criticism of Drug Enforcement Administrator, remarks of

Senator Roman L. Hruska, from the Congressional Record, July 22, 1976

Unanimous-Consent Agreement-Committee Meetings, remarks of Senator Mike

Mansfield, Majority Leader, from the Congressional Record, July 23, 1976

Notice of Hearings on the Narcotic Sentencing and Seizure Act of 1976, S. 3411,

remarks of Senator Birch Bayh, from the Congressional Record, July 23, 1976 ....

Bayh Calls for Sensible Federal Drug Control Priorities, remarks of Senator Birch

Bayh, from the Congressional Record, August 3, 1976 ..

Letter of April 24, 1976 to the Vice President from the Attorney General, regarding

amending section 511(d) of the Comprehensive Drug Abuse Prevention and Control

Act of 1970

S. 3645, 94th Congress, 2d session, June 30, 1976—A bill to amend section 511(d) of the

Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 881(d))

to raise the monetary limit applicable to drug-related judicial forfeitures from $2,500

to $10,000........

Drug legislation referred to the subcommittee during the 94th Congress

Page

CHRONOLOGICAL LIST OF WITNESSES

WEDNESDAY, JULY 28, 1976

Bensinger, Peter B., administrator, Drug Enforcement Administration, U.S. Depart-
ment of Justice; accompanied by Kurt Muellenberg, Chief, Narcotic Section,
DEA; Donald E. Miller, Chief Counsel, DEA; and Carl S. Rauh, Principal
Assistant Attorney for the District of Columbia

Prepared statement...

Statistical data and exhibits

Agents Trained Here Fight Drug War at Home Abroad, article by John O.
Koehler, from the Atlanta Journal-Constitution, August 15, 1976.

Charts and graphs ......

Articles:

Drug Enforcement Administration, news release of July 28, 1976.....
National Council on Drug Abuse Newsletter of April 1976-New Direction
for DEA

The National Observer, May 1, 1976-Drug Busters' Aim: Hit the Big Boys ...
Article of May 17, 1976 on Pharmaceutical Manufacturers Convention-New
DEA Head, Peter Bensinger, Wants Realistic Quotas and Regs. He Tells
PMA Meeting; Establishing New Office of Compliance To Deal With
Manfacturers, Wholesalers and Practioners

Page

6

86

102

108

113

131

131

134

137

Chicago Tribune, July 5, 1976-Drug Enforcer Aims at "Mexican Connec-
tion"

138

Macdonald, David R., Assistant Secretary of the Treasury; accompanied by James F. Featherstone, Assistant Secretary for Enforcement; and Robert J. Stankey, Jr., staff member, U.S. Department of the Treasury

140

Prepared statement......

142

Acree, Vernon D., Commissioner of Customs; accompanied by G. R. Dickerson,
Deputy Commissioner of Customs, and, Ted Rojek, acting chief counsel for Customs,
U.S. Department of the Treasury..

148

Prepared statement.....

151

Proposed rules Department of the Treasury, Customs Service (Fed. Reg., Vol. 41,
No. 158, Friday, August 13, 1976) .

155

THURSDAY, AUGUST 5, 1976

DuPont, Dr. Robert L., director, National Institute on Drug Abuse; accompanied by
Dr. Robert Shellow, visiting scientist; and, Robert Dormer, staff attorney, NIDA,
U.S. Dept. of Health, Education, and Welfare
Prepared statement of Dr. DuPont.

Prepared statement of Dr. Shellow

219 222

276

LIST OF EXHIBITS

1. Response to query by Senator Bayh: Why is the previous conviction provision restricted to previous opiate felonies? Submitted by the DEA......

2. Response to query by Senator Bayh: Why is there no weight and purity "cutoff" for application of minimum mandatories? and Could a distinction be made so that only major traffickers would be covered by minimum mandatory sentences? Submitted by the DEA

3. Memorandum discussing legal and constitutional issues raised by the administration's pretrial detention provision, Title II, Narcotic Sentencing and Seizure Act of 1976, S. 3411. Submitted by the Office of the Assistant Attorney General, September 7, 1976.

4. U.S. Attorney's Use of Preventive Jailing Rises, Unit Told, from the Washington Post, by Timothy S. Robinson, June 23, 1976; and Guilt Pleas, Convictions Up, from the Washington Post, by Timothy S. Robinson, September 26, 1976....... 5. Response to query by Senator Bayh: Why are amphetamines, barbiturates, and cocaine not included in the coverage of this bill? and Does this gap contravene the spirit of the Convention on Psychotropic Substances? Submitted by the DEA

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LIST OF EXHIBITS—Continued

6. Response to query by Senator Bayh: What would be the effect of this bill on third parties, not involved in trafficking, whose property is seized? Submitted by the DEA

7. Response to query by Senator Bayh: Could the resources (seized moneys) from
forfeiture of proceeds of drug transactions be used to finance Government drug
programs, enforcement, or treatment? Submitted by the DEA...

8. Panel discussion paper "Manifestations of Organized Crime-Narcotics"; pre-
pared by Henry S. Dogin, acting administrator, DEA, October 2, 1975
9. Cabinet Committee for Drug Law Enforcement-the President's memorandum on
the responsibilities of the committee and the designation of its members. Dated
May 12, 1976 and released May 13, 1976.....

10. Response to Mr. John Rector regarding: "some hypothetical examples of the
mitigating circumstances in the Title I mandatory minimum provisions."
Submitted by the DEA

11. Statement of Jacques Kiere, director, El Paso Intelligence Center, DEA, before the Subcommittee on Investigations of the House Armed Services Committee, November 19, 1975, regarding exchange of weapons for drugs......

12. "The Prosecutor and Drug Abuse," remarks of Assistant Attorney General Richard L. Thornburgh to the Fifth Controlled Substances Conspiracy Conference, July 22, 1976

13. An American Gestapo, from Playboy magazine, by Frank Browning, February 1976.

14. The Drug Vigilantes, from Newsweek magazine, by Pete Axthelm with Anthony
Marro, August 16, 1976

15. Memorandum of understanding between the Internal Revenue Service and the
Drug Enforcement Administration, dated July 27, 1976; with Appendix I-
Disclosure and exchange of information, and Appendix II—Internal Revenue
Code, section 6851. Termination of taxable year

16. Excerpt from the testimony of Mr. John R. Bartels before the Subcommittee To
Investigate Juvenile Delinquency, March 5, 1975, with subsequent disclosure of
original budget request of DEA and the use for $40 million more than OMB
allowed

17. Memorandum of law on Customs Border Search Authority, submitted by Mr. Ted Rojek, Acting Chief Counsel for Customs, U.S. Department of the Treasury

18. Memorandum of law on Export Searches by Customs Agents, submitted by
Mr. Ted Rojek, Acting Chief Counsel for Customs, U.S. Department of the
Treasury

19. Boating's Not Fun for Some, from the Washington Post, September 26, 1976
20. NARC v. NARC; and the American Connection, from the Washington Monthly,
by John Rothchild and Tom Ricketts, June 1972 .....
21. Briefing Paper-Guns to Mexico. Articles: Gun Smuggling to Mexico Rises;
Smuggling of Guns Reported on Rise; and, New Evidence Discovered in Guns-
for-Grass Deals..

22. Letter of August 30, 1976 to John M. Rector from Vernon Acree with enclosures:
"Illicit Traffic in Firearms" and memo of June 29, 1976 from the Chief of the
Smuggling Branch regarding testimony before the Department of Defense
Arms, Ammunition, and Explosives Security Committee
23. Cabinet Committee on Drug Abuse Prevention, Treatment and Rehabilitation—
the President's memorandum on the responsibilities of the committee and the
designation of its members. Dated May 12, 1976. Released May 13, 1976
24. Analysis of the effects of judicial and proposed legislative actions on IRS' ability to
conduct an effective Narcotics Traffickers Tax Program, submitted by Mr.
Robert Dormer, staff attorney, NIDA, U.S. Department of Health, Education,
and Welfare

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25. National Institute on Drug Abuse: Heroin Indicators Trend Report. DHEW Publication No. (ADM) 76–315, printed 1976

239

26. The Harris Survey-Close Vote on Marijuana Law; January 26, 1976.
27. Federal drug abuse research expenditures by SAODAP, NIMH, and NIDA for
fiscal years 1971 through 1976, submitted by Dr. Robert Shellow

272

275

APPENDIX

PART 1-MATERIALS REGARDING DRUG CONTROL POLICY

Identifying and Eliminating Sources of Dangerous Drugs: Efforts Being Made,
But Not Enough-Report to the Congress by the Comptroller General of the Page
United States, June 7, 1974

The Problem of Heroin, by James Q. Wilson, Mark H. Moore, and I. David Wheat,
Jr
"Dope Fiend" Mythology, by A. R. Lindesmith

289

342

355

The Political Economy of Illicit Drugs, by Matthew G. Yeager, B.A., from
Comtempory Drug Problems, Summer 1975.

361

The Making of Policy Through Myth, Fantasy and Historical Accident: The
Making of America's Narcotics Laws, by Anthony Saper, from the British
Journal of Addicition, Vol. 69, No. 2, June 1974.....

The Drug Enforcement Agency Abroad, by Donald C. Johnson, from the Foreign
Service Journal, November 1975.....

377

384

A Demonology of Dope-Szasz bids us to rid ourselves of old follies, but all he offers us are new ones, by Solomon H. Snyder, from Psychology Today, February 1975.

388

Color it Black: The Failure of Drug Abuse Policy, by David L. Lewis, from Social
Policy, Vol. 6(5): 26–32, March-April 1976

391

If the United States Is To Develop an Effective International Narcotics Control
Program, Much More Must be Done-Report to the Congress by the
Comptroller General of the United States, July 29, 1975.....

396

Difficulties In Immobilizing Major Narcotics Traffickers-Report to the Congress
by the Comptroller General of the United States, Dec. 21, 1973.....
Efforts To Stop Narcotics and Dangerous Drugs Coming From and Through
Mexico and Central America-Report to the Congress by the Comptroller
General of the United States, Dec. 31, 1974.......
Federal Drug Enforcement: Strong Guidance Needed—Report of the Comptrol-
ler General of the United States, Dec. 18, 1975.......

492

547

605

A Perspective on "Get Tough" Drug Laws, by The Drug Abuse Council, Inc.,
May 1973..

703

The Irrationality of a Law Enforcement Approach to Opiate Narcotics, by Stuart M. Israel with Ronald F. Denardis, from the Journal of Urban Law, Vol. 50:63, 1973.

Images of Crime and the Criminal: The Dope Fiend Mythology, by Charles E.
Reasons, from the Journal of Research in Crime and Delinquency, July 1976
The Uses and Relative Hazard Potential of Psychoactive Drugs, by Samuel Irwin,
Ph. D., from the Bulletin of the Menninger Clinic, Vol. 38(1):19-48, 1974......
Coercion to Virtue: The Enforcement of Morals, by Jerome H. Skolnick, from
Drug Abuse Law Review, 1971.

Two Problems and a Lesson for the Draftsman of Drug Crimes Legislation, by
Michael P. Rosenthal, from Drug Abuse Law Review, 1971
The Effect of Drugs on Criminal Responsibility, Specific Intent, and Mental
Competency, by Kenneth C. Baumgartner, from Drug Abuse Law Review,
1971

The President's Crime Commission Task Force Report on Narcotics and Drug
Abuse: A Critique of the Apologia, by Irving Lang, from Drug Abuse Law
Review, 1971

718

750

762

778

845

863

877

The Role of the Law in Drug Control, by John Kaplan, from Drug Abuse Law
Review, 1972-1973..

892

Marketing and Distributing Heroin: Some Sociological Observations, by Lawrence John Redlinger, Ph. D., from the Journal of Psychedelic Drugs, Oct.-Dec., 1973

932

Statements for the record regarding S. 3411:

From Hon. Hugh Scott, U.S. Senator from the State of Pennsylvania .......
From the International Association of Chiefs of Police, Inc......
From James M. Cannon, Assistant to the President for Domestic Affairs,
Executive Director, Domestic Council and James T. Lynn, Director,
Office of Management and Budget ......

955

964

966

From Hon. Edward M. Kennedy, U.S. Senator from the State of Massachu

setts.

983

Drug Abuse Levels Said To Be "Plateauing," DEA and IRS Agree To
Revive Tax Enforcement Program, from Criminal Justice Newsletter, May
10, 1976......

984

Narcotics Sentencing and Seizure Act of 1976, from Narcotic Drug Reporter,
Aug-Sept. 1976

985

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