Milder Drug Bill Clears House, 391 to 23

The House Wednesday approved a package of anti-drug legislation that is much milder than the bill it passed several weeks ago but that still contains a provision allowing the death penalty to be imposed for some drug-related crimes.

The bill, which reflects an election-year rush to meet growing public concern about illegal drugs, faces the threat of a potentially fatal filibuster by opponents of the death-penalty provision in the Senate. The legislation, which passed on a 391-23 vote, authorizes $1.8 billion for drug enforcement, education and prevention.

Controversial Provisions

But stripped from the measure were several of the most controversial provisions included in a version passed by the House several weeks ago. Among them were amendments allowing courts to use illegally obtained evidence under some circumstances and requiring the544041324smugglers.

However, House leaders insisted that the bill would not pass the chamber unless it included the provision that allowed the use of capital punishment against so-called drug “kingpins” whose operations cause a death.

“It was a hopeless cause,” said Rep. Don Edwards (D-San Jose), who had opposed the death-penalty provision. “Everybody knew it was the only way to get the bill through.”

Rep. George W. Gekas (R-Pa.), who had sponsored the death penalty amendment in earlier House consideration of the measure, insisted that it was “exactly what is required as weaponry in this war on drugs.”

However, attorneys who have prosecuted drug cases say that capital punishment, as it would be applied under the amendment, would be more symbolic than practical.

Death Penalty Backed

“I’m glad to see the death penalty in the bill but I’m not sure it will have much practical impact,” said James P. Walsh Jr., chief of the major narcotics violators unit in the U.S. attorney’s office in Los Angeles. “It would be extremely hard to prove that someone in one of these (drug) organizations caused someone else to be murdered.”

A House aide agreed that most drug bosses “are insulated from what happens on the street. It will be very hard to prove who gave the directions to have someone killed.”

Nevertheless, organizations that oppose capital punishment have fought hard to prevent the death penalty from gaining any foothold in federal law. There are state laws allowing the death penalty in 37 states, but the capital punishment provisions in federal law were invalidated by the Supreme Court in 1972.

Although the death penalty has received broad support in the Senate, more than two dozen senators have threatened to filibuster any legislation that includes the provision. With only days remaining in the legislative session, such a move could kill the bill.

Sen. Evans’ Warning

Sen. Daniel J. Evans (R-Wash.), one of the opponents, warned that “those who insist on keeping the death penalty . . . will be responsible for (the entire bill’s) death.”

The bill authorizes $350 million in grants for law enforcement in individual states; $110 million to be used against international narcotics trafficking; $200 million for drug rehabilitation programs; $140 million for the construction of prison space for drug traffickers; $60 million for 400 new Drug Enforcement Administration agents, and $31 million to hire additional federal prosecutors for drug cases.