CONTENTS Public Law 91-513-Comprehensive Drug Abuse Prevention and Control Act of 1970, Drug Abuse-Message from the President of the United States transmitting proposals 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 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 Drug legislation referred to the subcommittee during the 94th Congress Opening statement of Senator Birch Bayh, chairman. Statement submitted by Hon. Sheldon B. Vance, executive director, the President's Cabinet Committee on International Narcotics Control; and, senior adviser to the Secretary of State for International Narcotics Matters Enclosure: Letter of August 30, 1976, to Vice President Nelson A. Rockefeller, regarding fiscal year 1976 International Narcotics Control Program budget .. Acree, Vernon D., Commissioner of Customs, U.S. Department of the Treasury Bensinger, Peter B., administrator, Drug Enforcement Administration, U.S. Depart- Dickerson, G. R., Deputy Commissioner of Customs, U.S. Department of the Treasury. Dormer, Robert, staff attorney, NIDA, U.S. Department of Health, Education, and Page Miller, Donald E., Chief Counsel, DEA, U.S. Department of Justice Muellenberg, Kurt, Chief, Narcotic Section, DEA, U.S. Department of Justice Rauh, Carl Š., Principal Assistant U.S. Attorney for the District of Columbia. CHRONOLOGICAL LIST OF WITNESSES WEDNESDAY, JULY 28, 1976 Bensinger, Peter B., administrator, Drug Enforcement Administration, U.S. Depart- Prepared statement... Statistical data and exhibits Agents Trained Here Fight Drug War at Home Abroad, article by John O. Charts and graphs ...... Articles: Drug Enforcement Administration, news release of July 28, 1976..... The National Observer, May 1, 1976-Drug Busters' Aim: Hit the Big Boys ... Page 6 86 102 108 113 131 131 134 137 Chicago Tribune, July 5, 1976-Drug Enforcer Aims at "Mexican Connec- 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, 148 Prepared statement..... 151 Proposed rules Department of the Treasury, Customs Service (Fed. Reg., Vol. 41, 155 THURSDAY, AUGUST 5, 1976 DuPont, Dr. Robert L., director, National Institute on Drug Abuse; accompanied by 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 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 8. Panel discussion paper "Manifestations of Organized Crime-Narcotics"; pre- 10. Response to Mr. John Rector regarding: "some hypothetical examples of the 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 15. Memorandum of understanding between the Internal Revenue Service and the 16. Excerpt from the testimony of Mr. John R. Bartels before the Subcommittee To 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 19. Boating's Not Fun for Some, from the Washington Post, September 26, 1976 22. Letter of August 30, 1976 to John M. Rector from Vernon Acree with enclosures: 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. 272 275 APPENDIX PART 1-MATERIALS REGARDING DRUG CONTROL POLICY Identifying and Eliminating Sources of Dangerous Drugs: Efforts Being Made, The Problem of Heroin, by James Q. Wilson, Mark H. Moore, and I. David Wheat, 289 342 355 The Political Economy of Illicit Drugs, by Matthew G. Yeager, B.A., from 361 The Making of Policy Through Myth, Fantasy and Historical Accident: The The Drug Enforcement Agency Abroad, by Donald C. Johnson, from the Foreign 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 391 If the United States Is To Develop an Effective International Narcotics Control 396 Difficulties In Immobilizing Major Narcotics Traffickers-Report to the Congress 492 547 605 A Perspective on "Get Tough" Drug Laws, by The Drug Abuse Council, Inc., 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. Two Problems and a Lesson for the Draftsman of Drug Crimes Legislation, by The President's Crime Commission Task Force Report on Narcotics and Drug 718 750 762 778 845 863 877 The Role of the Law in Drug Control, by John Kaplan, from Drug Abuse Law 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 ....... 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 984 Narcotics Sentencing and Seizure Act of 1976, from Narcotic Drug Reporter, 985 |