PROVIDE US INFORMATION ON DRUG SMUGGLING CASES THAT HAVE BEEN DELAYED
OR THAT THE GOVERNMENT HAS LOST OR NOT PROSECUTED DUE TO PROBLEMS IN
MEETING THE BURDEN OF PROVING THAT A VESSEL WAS STATELESS (TRANSCRIPT,
PP. 138-141).
I do not know of any cases that have been lost or not prosecuted due
to problems in meeting the burden of proving that a vessel was stateless.
The problem is that in requiring the government to produce certification
of the record search by the claimed country and authentication of all
documents involved, it is often difficult to accomplish this in the
timely fashion required by our criminal process. This also requires the
cooperative efforts of foreign governments. Although most countries are
generally prompt in their reply, others, because of antiquated record
processes, are extremely slow to respond and cause delays and tremendous
additional work by Coast Guard legal staffs, Department of State personnel
and prosecutors in follow-up action. International standards require an
affirmative claim to registry in order to claim the protection of high
seas freedoms and require evidence of such registry to be maintained
aboard. Instituting a similar standard in our prosecution actions would
insure moving cases promptly to conclusion, thus reducing cost and
providing a more effective deterrent, it would also serve as a warning to
smugglers who seek to hide behind false registration claims.
OPENING STATEMENT FOR AFTERNOON SESSION BY
CHAIRMAN CHARLES B. RANGEL
GOOD AFTERNOON LADIES AND GENTLEMEN.
THIS MORNING THE SELECT COMMITTEE BEGAN ITS EXAMINATION OF
THE DRUG LAW ENFORCEMENT ASPECTS OF THE ADMINISTRATION'S
STRATEGY FOR PREVENTION OF DRUG ABUSE AND DRUG TRAFFICKING,
PROMULGATED BY THE PRESIDENT LAST FALL. WE HEARD FIRST
FROM THE DRUG ENFORCEMENT ADMINISTRATION, OUR NATION'S
LEAD NARCOTICS ENFORCEMENT AGENCY.
WE CONTINUE OUR INQUIRY THIS AFTERNOON WITH A REVIEW OF THE COAST GUARD'S ROLE IN THE STRATEGY FOR DRUG LAW ENFORCEMENT. AS THE FEDERAL AGENCY WITH PRIMARY JURISDICTION FOR MARITIME LAW ENFORCEMENT, THE COAST GUARD SHOULDERS THE MAJOR RESPONSIBILITY FOR INTERDICTING DRUG SMUGGLING BY SEA, PARTICULARLY MARIHUANA.
THE CHALLENGES CONFRONTING THE COAST GUARD IN PERFORMING
THIS TASK ARE ENORMOUS. FIRST, THE QUANTITIES OF DRUGS
INVOLVED ARE STAGGERING. AMERICANS CONSUME, AT A MINIMUM,
AN ESTIMATED 9,600-13,900 METRIC TONS OF MARIHUANA EACH YEAR.
OVER 90 PERCENT OF THIS MARIHUANA IS SUPPLIED FROM FOREIGN
SOURCES, AND APPROXIMATELY 60 PERCENT OF THE MARIHUANA
SMUGGLED INTO THE UNITED STATES IS TRANSPORTED BY SEA.
SECOND, THE COAST GUARD'S RESOURCES ARE LIMITED AND THE
COAST GUARD IS RESPONSIBLE FOR A NUMBER OF OTHER IMPORTANT
MISSIONS, SUCH AS SEARCH AND RESCUE AND FISHERIES ENFORCE-
MENT, IN ADDITION TO DRUG INTERDICTION. OVER THE PAST
FIVE YEARS, THE COAST GUARD'S OPERATING EXPENSES BUDGET
HAS INCREASED ALMOST 65 PERCENT IN TERMS OF ABSOLUTE
DOLLARS BUT THE PURCHASING POWER OF THOSE DOLLARS HAS
REMAINED RELATIVELY STATIC. IN 1981, THE COAST GUARD HAD
TO CURTAIL PACIFIC DRUG LAW ENFORCEMENT PATROLS BY 90
PERCENT BECAUSE IT COULD NOT AFFORD TO BUY FUEL. MOREOVER,
MANY OF THE COAST GUARD'S VESSELS AND AIRCRAFT ARE OLD AND
REQUIRE EXTENSIVE AND COSTLY MAINTENANCE, REDUCING THEIR
"AVAILABILITY FOR ENFORCEMENT AND OTHER MISSIONS.
THIRD, THE NATURE OF DRUG SMUGGLING ACTIVITY IS CONSTANTLY
CHANGING TO AVOID LAW ENFORCEMENT PRESSURE. PRIOR TO THE
INITIATION OF THE VICE PRESIDENT'S SOUTH FLORIDA TASK FORCE
ON CRIME, MOST OF THE MARIHUANA SMUGGLED INTO THE UNITED
STATES ENTERED FLORIDA THROUGH THE CARIBBEAN. AS A RESULT
OF THE CONCENTRATION OF FEDERAL RESOURCES IN SOUTH FLORIDA,
HOWEVER, DRUG SMUGGLING ROUTES ARE SHIFTING TO THE PACIFIC
AND NORTHWARD ALONG THE ATLANTIC COAST. UNLIKE THE CARIBBEAN,
THERE ARE NO NATURAL "CHOKE POINTS" ON THESE NEW ROUTES THAT
SMUGGLERS MUST PASS THROUGH, THUS INCREASING THE DIFFICULTY
OF DETECTING AND INTERCEPTING DRUG SMUGGLING ACTIVITY.
WE CONGRATULATE THE COAST GUARD FOR WHAT IT HAS BEEN ABLE
TO ACCOMPLISH IN THE AREA OF NARCOTICS INTERDICTION WITHIN
THE LIMITS OF ITS RESOURCES. PRIOR TO THE SOUTH FLORIDA
TASK FORCE OPERATION, THE COAST GUARD WAS INTERCEPTING
APPROXIMATELY 15 PERCENT OF THE SEABORNE MARIHUANA TRADE.
AS A RESULT OF BEEFING UP ITS RESOURCES IN THE SOUTHEASTERN
UNITED STATES TO SUPPORT THE TASK FORCE, THE COAST GUARD
ESTIMATES THAT ITS MARIHUANA INTERDICTION RATE HAS DOUBLED,
A CONSIDERABLE IMPROVEMENT.
DESPITE THIS IMPROVEMENT, MUCH MORE NEEDS TO BE DONE IF WE
ARE TO REDUCE SIGNIFICANTLY THE ILLICIT SUPPLIES OF DRUGS
ENTERING OUR COUNTRY. THE PURPOSE OF OUR HEARING TODAY IS
TO REVIEW THE COAST GUARD'S DRUG ENFORCEMENT RESPONSIBILITIES,
HOW THOSE RESPONSIBILITIES ARE CARRIED OUT, AND WHAT NEEDS
TO BE DONE TO IMPROVE COAST GUARD'S NARCOTICS CONTROL CAPA-
BILITIES. SPECIFICALLY, WE WANT TO FIND OUT WHAT ROLE THE
COAST GUARD PLAYED IN THE DEVELOPMENT OF THE 1982 FEDERAL
DRUG STRATEGY. WE ALSO WANT TO DISCUSS THE COAST GUARD'S
PARTICIPATION IN THE SOUTH FLORIDA TASK FORCE AND FIND OUT
WHAT THE COAST GUARD'S RESPONSIBILITIES WILL BE IN THE NEW
ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES AND THE NATIONAL
NARCOTICS BORDER INTERDICTION SYSTEM RECENTLY ANNOUNCED BY THE
PRESIDENT. WE WANT TO REVIEW THE STATUS OF COAST GUARD
RESOURCES TO MEET THE GROWING DEMANDS OF DRUG INTERDICTION,
AND WE WANT TO DETERMINE THE EFFECTIVENESS OF CERTAIN STATUTORY
CHANGES ENACTED TO ENHANCE COAST GUARD'S HIGH SEAS DRUG ENFORCE-
MENT EFFORTS AND FACILITATE MILITARY ASSISTANCE TO DRUG LAW
ENFORCEMENT AGENCIES. WE ALSO WANT TO KNOW HOW, AND HOW WELL,
THE COAST GUARD IS COORDINATING ITS DRUG ENFORCEMENT ACTIVITIES
WITH OTHER FEDERAL AGENCIES. MOST OF ALL, WE WANT TO GET THE
COAST GUARD'S ASSESSMENT OF THE DRUG TRAFFICKING PROBLEM,
WHAT IS NEEDED TO COMBAT IT EFFECTIVELY, AND WHAT WE ON THE
SELECT COMMITTEE CAN DO TO HELP PROVIDE THE TOOLS THAT ARE
I AM PLEASED TO WELCOME OUR WITNESS THIS AFTERNOON,
ADMIRAL JAMES S. GRACEY, COMMANDANT OF THE . S. COAST
GUARD. ADMIRAL GRACEY, LET ME THANK YOU AT THE OUTSET
FOR THE EXTENSIVE BACKGROUND MATERIALS YOU PROVIDED TO
THE COMMITTEE, AND ALSO THANK YOU FOR THE COOPERATION
YOU HAVE EXTENDED TO THE COMMITTEE. WE LOOK FORWARD TO
YOUR TESTIMONY.
BEFORE WE HEAR FROM ADMIRAL GRACEY, I INVITE MY COLLEAGUES
ON THE COMMITTEE TO MAKE OPENING STATEMENTS.
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