CABINET COUNSEL MEETING ON DRUG CZAR LEGISLATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85M00363R001002280006-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 20, 2016
• Document Release Date: January 14, 2008
• Sequence Number: 6
• Publication Date: October 14, 1983
• Content Type: MEMO

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t
SA/DCI
STAT
Office of General Counsel
Chief, Litigation & Legislation Division
SUBJECT: Cabinet Counsel Meeting on Drug Czar Legislation
1. Last year, the Violent Crime and Drug Enforcement Act
which contained the drug czar provisions also contained the
legislation we were seeking which would have made attacks upon
intelligence officials federal criminal offenses. Our comments
on the omnibus legislation which contained both of these
provisions (see attached enrolled bill letter) were, therefore,
hedged because we really wanted the President to sign the
measure.
2. This year the drug czar provisions are being considered
separately and there is no reasons not to fully support the
Justice Department's position. The DDCI might be called upon
to comment on the recommendations in the Craig Fuller
memorandum as it sets up the DCI system as the model for a
preferred anti-drug effort.
Attachment, a/s
DOJ Review Completed.
STAT
STAT
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The Puccl or of Ccntral 1n1cllgcncc
OGC 83-00049
11 January 1983
Honorable David A. Stockman
Director
Office of Management and Budget
Washington, D.C. 20503
This is in response to your request for the views of the Director of
Central Intelligence on Enrolled Bill H.R. 3963, the Violent Crime and Drug
Enforcement Improvements Act.
The Central Intelligence Agency strongly supports enactment of section
305 of the Bill, the "Federal Intelligence Personnel Protection Act." This
legislation would amend 18 U.S.C. S 1114 to provide federal criminal penalties
for acts of violence directed at United States intelligence personnel
engaged in the performance of their official duties... Federal law currently
provides no such criminal liability despite the compelling federal interest
in assuring the physical safety of Intelligence Community officers and
employees. Section 305 would correct'this serious anomaly by according
intelligence personnel the protections already available to many categories
of federal workers.
We are, however, concerned about section 307 of H.R. 3963, the "National
Narcotics Act of 1982," insofar as it would establish an Office of Director
of National and International Drug Operations and Policy. The authorities of
the proposed Director of this Office, including authority to "coordinate the-
collection and dissemination of information necessary to implement United
States policy with respect to illegal drugs" (? 307(d)(3)(D)), are broadly yet
ambiguously defined without reference to the authorities and responsibilities
of other senior government officials. In addition, there appears to be some
question as to whether the creation of this proposed new office would actually
have a positive impact on the fight against illegal drugs.
We understand that the Department of Justice and various federal law
enforcement agencies have very serious concerns with section -307 and other
aspects of the Bill. We must, therefore, defer to the judgment of -the
Department of Justice and the law enforcement agencies as to whether there are
defects in the Violent Crime and Drug Enforcement Improvements Act that outweigh
its positive features.
rely,
Willf.'h J. Ca
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ROUTING AND RECORD SHEET
0 4 JAN 1983
2 c- ~j I
Y~utq a-(-
COMMENi$ (Number each comment to show from whom
b whom. Draw a line ocross column after each comment.)
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STAT
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? ,~_:.: t U.S. I)epartnnent of Justice
Office of the Deputy Attorney General
The Deputy Attorney General
13
1983
MEMORANDUM TO: Craig Fuller
Assistant to the President for
Cabinet Affairs
FROM: Edward C. Schmults
Deputy Attorney Genera
RE; "Drug Tsar" Legislation: A Proposed
Administration Response
Background: For more than a year, there have been calls
in the Congress for creation of a "drug.tsar" to oversee and
coordinate all federal drug enforcement efforts. We have
consistently resisted these proposals, first on the Floor of
the Senate last year where a Biden "drug tsar" amendment to
the Violent Crime and Drug Enforcement Improvements Act was
accepted by a 2-1 margin despite Chairman Thurmond's efforts
on our behalf. During the "lame-duck" session of the 97th
Congress, the "drug tsar" proposal was attached to the "mini-
crime bill." As you will recall, the Biden bill would have
created a "super Cabinet-level" drug tsar with vague and
sweeping powers to "direct" departments and agencies to
carry out the policies he establishes including the power to
reach down.into departments and agencies and reassign enforce-
ment personnel. The President disapproved it primarily
because of this "drug tsar" provision.
Despite our continuing opposition to the "drug tsar"
concept, Senator Biden has succeeded in having his new "drug
tsar" bill (S. 1787) reported by the Senate Judiciary Committee
by a vote' of 12 to5 (3 of the 5 votes against were proxies
voted by Chairman Thurmond; in at least one case the proxy
was from a Senator who favors the tsar concept). The Biden
bill is substantially identical to the "tsar" provision of
the mini-crime bill pocket vetoed in January.
On the House side,'Congressman Hughes has had his version
of a "drug tsar" proposal (H.R. 3664) reported by the House
Judiciary Committee. The Hughes' bill builds upon an
existing structure (the White House Drug Abuse Policy Office)
rather than creating an entirely new structure.
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Senator Biden will, as part of his agreement with-Chairman
Thurmond, be able to bring his bill to the Senate Floor as a
separate bill upon completion of Senate consideration of the
President's crime package, possibly within a few weeks.
Congressman Hughes can be expected to try to get his bill
approved by the House before the Senate acts on the Biden
bill..-
prognosis: House and Senate Floor action on "drug tsar"
legislation is imminent and the result will almost certainly
be overwhelming approval by both bodies. The simplistic
and superficial appeal of the "drug tsar" concept appears
irresistible. Even if the President was to veto a "drug
tsar" proposal we must recognize that the vote we anticipate.
on initial passage would be so strong as to suggest concern
about a veto override. The Administration would suffer from
the public's confusion of vetoing a "crime" bill.
Moreover, the Democrat strategy may be to secure
Congressional approval of a bail, sentencing, forfeiture and
"drug tsar" package leaving the balance of the President's
anti-crime package to gather dust in the House Judiciary
Committee. .
A Revised Biden Bill. Despite the shortcomings of the
Biden~ "drug t:sar bill, t ere is reason to believe that Biden
may be willing to make a number of changes to accommodate our
concerns. In this regard, Biden has held out the intelligence
community as a model of a coordinated multidepartmental
effort. We believe his bill can be modified, therefore, to
make it.more consistent with the organization of the intelli-
gence community while at the same time bringing it more into
line with our current cabinet system.
Recommendation: We recommend that the Department of
Justice be authorized to approach Senators Thurmond and
Biden. We believe that a version patterned after the
Director of Central Intelligence model can be structured in
such a ,way as to provide a single witness to appear before
Congressional committees to. testify on anti-drug efforts and
accommodate-certain other concerns without unnecessarily
infringing on the important operational programs of the
several departments. In summary, an alternative approach
could be to establish a Drug Policy and Operations Board
chaired by the Attorney General and made up of members of the
Cabinet Council on Legal Policy. Such a board would set
drug policy and oversee drug enforcement operations through a
participatory process that respects the powers of Cabinet
officers to supervise the internal affairs of their departments.
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