LETTER TO MARK GREENBURG FROM (SANITIZED)
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Case Number:
Publication Date:
August 3, 1988
Content Type:
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\""J Central Intelligence Agency
Washington . D. C.20S0S
3 August 1988
OCA 2598-88
The Honorable Mark Greenburg
Special Assistant to the President
Office of Legislative Affairs
The White House
Washington, D.C. 20500
Dear Mr. Greenburg:
Following up on our recent conversation, I've enclosed some
material on the "drug czar" issue.
Current law (21 U.S.C. ?1203 (d) - copy enclosed) provides
that the Drug Policy Board shall take no action inconsistent
with the powers and duties of the Director of Central
Intelligence under statute or Executive Order. Throughout the
"czar v. board".debate, this caveat has been retained: S. 789,
an early Biden bill, and H.R. 4916, the House Judiciary
Committee's contribution to the House Democratic leadership's
omnibus bill, both have it (copies enclosed).
The provision, however, appears to be missing from the
latest drafts of the "Byrd" and "Dole" Senate omnibus bills.
We hope that in its discussions with the Senate on the "drug
czar" portion of the bill, the Administration will support
retention of this important provision.
I look forward to discussing the issue with you after you.
have had a chance to review the latest Congressional proposal.
Office of Congressional Affairs
Enclosures
OCA/LEG
Distribution:
Original - Addressee
1 - D/OCA
1 - OCA Registry.
(3 August 1988)
STAT
STAT
OCA/Leg/.Subject File:_ Narcotics
1 - Signer
1 - OCA-Read
STAT
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ive history and
1984 U.S.Code
FOOD AND DRUGS 38
39 FOOD AND DRUGS
tional Drug Policy Board" and by deleting "be"
and inserting in lieu thereof "the National Drug
policy Board."
'21 * 1203
XECUTIVE ORDER NO. 12590
Aar. 26, 1987, 52 F.R. 10021
is President by
e United States
72, 873, 1111,
f title 21 of the
73, 1111, 1112,
s title], and in
ce of all drug
al government,
and international trafficking of illegal drugs and
to reduce drug abuse;,
(3) coordinate the collection and evaluation of
information necessary to implement United States
policy with respect to illegal drug law enforcement
and to the reduction of drug abuse; -and
(4) provide policy guidance to the agencies and
facilitate resolution of differences in this area con-
cerning interagency activities and other matters
i of the follow-
shall serve as
Human Servic-
ian;
nt for National
elligence;
Vice President;
e House Drug
yard shall facili-
tion of national
tivities of Exec-.
reduce the sup-
ing internation-
ition and edu-
n, and research
onsibilities, the
p United States
resources with
lent, prevention
abilitation, and
ry priorities and
(c) In order to help coordinate the activities of
Executive departments and agencies with responsi-
bility for drug law enforcement and drug abuse
reduction, and to supervise implementation of the
determinations of the Board, the Chairman shall:
(1) advise the Board in matters concerning its
responsibilities;
(2) make recommendations to the Board for the
coordination of drug enforcement and drug abuse
reduction activities;
(3) correlate and evaluate intelligence and other
information to support the activities of the Board;
(4) act as primary advisor to the President and
the Congress on national and international pro-
grams and policies and the implementation of
those policies; and
(5) perform such other duties as the President
may direct..
(d) The Board shall carry out all duties and
responsibilities of the National Drug Enforcement
Policy Board, as set forth in Chapter XIII (The
National Narcotics Act) of Title IT of Public Law
98-473 [this chapter].
(e) Nothing in this Order shall be deemed to
affect the authorities or responsibilities of the
Office of Management and Budget, or any Office
or official thereof.
Sec. 3. Coordinating Groups.. The Board
shall establish a Drug Enforcement Coordinating
Group and a Drug Abuse Prevention and Health
Coordinating Group. The membership and chair-
man of each Coordinating Group shall be desig-
nated by the Chairman of the Board.
Sec. 4. Conforming Amendments. (a) Section
1 of Executive Order No. 12368 [set out as a note
under section 1112 of this title] is amended to
provide as follows:
The Office of Policy Development has been
assigned to assist the President and the National
Drug Policy Board in the performance of the drug
policy functions contained in Section 201 of Title
Ii of the Drug Abuse Prevention, Treatment, and
Rehabilitation Act, as amended (21 U.S.C. ill 1).
Within the Office of Policy Development, the
Director of the Drug Abuse Policy Office shall be
primarily responsible for assisting the President
and the Board in the performance of those func-
tions."
(b) Section 2 of Executive Order No. 12368 is
trts of all Exec- amended by deleting "Director 'of the Drug Abuse
o halt national Policy Office" and inserting in lieu thereof "Na-
"RONALD RFAOAN
? 1203. Responsibilities and functions of National Drug Enforcement Policy
Board
(a) Coordination of operations and policy
The Board shall facilitate coordination of United States operations and policy on
illegal drug law enforcement. In the furtherance of that responsibility, the Board
d to-
i
h
ze
or
shall have the responsibility, and is aut
(1) review, evaluate and develop United States Government policy, strategy
an resources with respect to illegal drug law enforcement efforts, including
budgetary priorities and a National and International Drug Law Enforcement
Strategy;
(2) facilitate coordination of all United States Government efforts to halt
national and international trafficking in illegal drugs; and necessary imple-
ment (3) coordinate United States epolicy~with respect evaluation
illegal drug law enforcet. (b) Duties of Chairman
the activities of the several departments and
ti
di
ng
na
For the purpose of coor
agencies with responsibility for drug law enforcement-and implementing the determi-
nations of the Board, it shall be the duty of the Chairman- .
(1) to advise the Board in matters concerning drug law enforcement;
(2) to make recommendations to the Board for the coordination of drug
enforcement activities;
(3) to correlate and evaluate intelligence and other information on drug law
enforcement to support the activities of the Board;
(4) to act as primary advisor to the President and Congress on national and
international illegal drug law enforcement programs and policies developed by
the Board under subsection (a) of this section and the implementation thereof;
and
(5) to perform such other duties as the President may direct.
(c) Authority of Chairman
In carrying out responsibilities under this section, the Chairman, on behalf of the
Board, is authorized to- such
(1) direct, with the concurrence of the head of the agency employing
personnel, the assignment of Government personnel within the United States
Government in order to implement United States policy with respect to illegal
drug law enforcement; .
(2) provide guidance in the implementation and maintenance of policy, strate-
gy, and resources developed under subsection (a) of this section;
(3) review and approve the reprogramming of funds relating to budgetary
priorities developed under subsection (a) of this section;
(4) procure temporary and intermittent services under section 3109(b) of Title
5, but at rates for individuals not to exceed the daily equivalent of the maximum
annual rate of basic pay payable for the grade of GS-18 of the General
Schedule;
(5) accept and use donations of property from all Government agencies; and
(6) use the mails in the same manner as any other department or agency of
the executive branch.
(d) Non-interference with operations of other agencies
'Notwithstanding the authority granted in this section, the Board and the Chairman
(shall not interfere - with routine law enforcement or intelligence decisions of any
'-agency and shall undertake no activity inconsistent with the authorities and responsi-.
bilitiea of the Director of Central Intelligence under the provisions of the National
Security_Act of 1947, as amended, or Executive Order 12333.
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STAT
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100TH CONGRESS
1ST SESSION
S*789
To provide the framework necessary to pursue a coordinated and effective
national and international narcotics control policy.
IN THE SENATE OF THE UNITED STATES
MARCH 19 (legislative day, MARCH 17), 1987
Mr. BIDEN (for himself, Mr. DECONCINI, Mr. CHILES, Mr. BYRD, Mr. NUNN, Mr.
LEAHY, Mr. KERRY, Mr. HEFLIN, Mr. METZENBAUM, Mr. MOYNIHAN, Mr.
DODD, Mr. PRYOR, Mr. FORD, MS. MIKULSKI, Mr. MELCHER, Mr. MATSU-
NAGA, Mr. BINGAMAN, Mr. ROCKEFELLER, Mr. SASSER, Mr. KENNEDY,
Mr. LEVIN, Mr. PELL, Mr. SIMON, Mr..HOLLINGS, Mr. MITCHELL, Mr.
GRAHAM, Mr. CRANSTON, Mr. INOUYE, Mr. FOWLER, and Mr. LAUTEN-
BERG) introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
A BILL
To provide the framework necessary to pursue a coordinated
and effective national and international narcotics control
policy.
1 Be it enacted. by the Senate and House of Representa-
2 tines of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the "National Narcotics Lead-
5 ership Act of 1987".
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1 SEC. 2. FINDINGS AND PURPOSE.
2 (a) FINDINGS.-The Congress hereby makes the follow-
3 ing findings:
(1) The flow of narcotics into the United States is
5 a major and growing problem.
(2) The problem of illegal drug activity and drug
7 abuse falls across the entire spectrum of Federal activi-
ties, both nationally and internationally.
(3) Illegal drug trafficking is estimated to be a
10 $100,000,000,000 a year industry in the United
11 States.
12 (4) The annual consumption of heroin in the
13 United States remains in the range of four metric tons,
14 sustaining one-half a million addicts, while cocaine con-
15 sumption has increased sharply, with approximately
16 five million to six million Americans using cocaine
17 regularly.
18
19
(5) Drug abuse poses a threat to our most pre-
cious resource, our young people; with almost two-
20 thirds of the graduating high school class of 1985
21 having used an illicit drug and 17 percent having used
22 cocaine, the highest rate ever recorded since the
23 survey has been taken.
24
(6) Such significant indicators of the drug problem
25 as drug-related deaths, emergency room visits, hospital
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2
3
s
4
5
6
7
8
a
9
d
10
11
,e
12
,,
13
1-
14
Y
15
ae
16
17
18
19
20
3d 21
_ie 22
23
m 24
;al
3
admissions due to drug-related incidents, and addic-O'on
rates are soaring.
(7) Increased drug trafficking is strongly linked to
violent, addiction-related crime and studies have shaawn
that over 90 per centum of heroin users rely upon
criminal activity as a means of income.
(8) Much of the drug trafficking is handled by sy-
dicates which results in increased violence and criminal
activity because of the competitive struggle for control
of the domestic drug market.
(9) Any effective solution to the Nation's drug
problem must involve a comprehensive approach from
all levels of government, combining rigorous law en-
forcement and supply reduction initiatives with efforts
to reduce the demand for drugs through education, re-
search, and treatment.
(10) The magnitude and scope of the problem re-
quires a Director of National Drug Control Policy with
the responsibility for the coordination and direction of
all Federal efforts by the numerous agencies.
(11) Such a director must have broad authority
and responsibility for making management, policy, and
budgetary decisions with respect to all Federal ag(,n-
cies involved in attacking this problem so that a unified
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4
1 and`,-efficient effort can be made to eliminate the illegal
2 drug, problem.
3 (b) PURPOSE.-It is the purpose of this Act to ensure-
4 (1) the development of a national policy with re-
5 spect to drug abuse and control;
6 -.(2) proper direction and coordination of all Feder-
7 al -.agencies involved in the effort to implement such a
8 policy; and
9 (3) that a single, competent, and responsible high-
10 level official of the United States Government, who is
11 appointed by the President, by and with the advice and
12 consent of the Senate, and who is accountable to the
13 Congress and the American people, will be charged
14 with the responsibility of coordinating the overall direc-
15 tion of United States policy, resources, and operations
16 with respect to drug control and abuse.
17 SEC. 3. ESTABLISHMENT OF OFFICE.
18 (a) ESTABLISHMENT OF OFFICE.-There is established
19 in the executive branch of the Government an office to be
20 known as the "Office of the Director of National Drug Con-
21 trol Policy" (hereafter in this Act referred to as the "Office of
22 the Director").
23 (b) DIRECTOR AND DEPUTY DIRECTORS.-(1) There
24 shall be at the head of the Office of the Director, a Director
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5
al 1 of National Drug Control Policy (hereafter in this Act re-
2 ferred to as the "Director").
3
(2) There shall be two deputy. directors of the Office of
e- 4 Director (hereafter in this Act referred to as the "Deputy
5 Directors") as follows:
6
(A) A Deputy Director for Demand Reduction to
7
be responsible for prevention, treatment, research, and
8
private sector initiatives; and
h-
9
(B) A Deputy Director for Drug Law Enforce-
10
ment to be responsible for domestic drug law enforce-
ad
11
ment, border interdiction, and international narcotics
~e
12
control programs.
ed
13 The Deputy Directors shall assist the Director in carrying
14 out the Director's functions under this Act.
ns 15 SEC. 4. APPOINTMENT AND DUTIES OF THE DIRECTOR AND
16 DEPUTY DIRECTORS.
17 (a) . APPOINTMENT.-(1) The Director and the Deputy
ed 18 Directors shall be appointed by the President, by and with
be 19 the advice and consent of the Senate.
,n- - 20 (2) The Director and the Deputy Directors shall each
of 21 serve at the pleasure of the President. No person may serve
22 as Director or a Deputy Director for a period of more than
;re 23 four years unless such person is reappointed to that same
,or 24 office by the President, by and with the advice and consent of
25 the Senate. No person shall serve as Director or a Deputy
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6
1 Director while serving in any other position in the Federal
2 Goverment.
3 (3) The Director shall be entitled to the compensation
4 provided for in section 5312 of title 5, United States Code.
5 The Deputy Directors shall be entitled to the compensation
6 provided for in section 5314 of title 5, United States Code.
7 (b) FUNCTION OF DIRECTOR.-The Director shall serve
8 as the principal director and coordinator of United States op-
9 erations and policy on drug control and abuse.
10 (C) RESPONSIBILITIES OF DIRECTOR.-The Director
11 shall have the responsibility, and is authorized to-
12 (1) develop, review, implement, and enforce
13 United States Government policy with respect to drug
14 control and abuse;
15 (2) direct and coordinate all United States Gov-
16 ernment efforts to halt the importation, manufacture,
17 distribution, and use of illicit drugs within the United
18 States;
19 (3) direct and coordinate all United States Gov-
20 ernment efforts and programs to reduce the demand for
21 illicit drugs through education, prevention, research
22 and treatment;
23 (4) develop in concert with other governmental
24 entities budgetary priorities and budgetary allocations
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7
1
of entities of the United States Government with re-
,al
2
spect to drug control and abuse;
3
(5) prepare a National and International Drug
Dn
4
Control Strategy as provided in section 5; and
le.
5
(6) coordinate the collection and dissemination of
6
information necessary to implement United States
le.
7
policy with respect to drug control and abuse.
8
(d) POWERS OF DIRECTOR.-In carrying out his re-
ip-
ted
3v-
for
'rch
ins
9 sponsibilities under subsection (c) the Director is authorized
10 to-
11 (1) direct, with the concurrence of the Secretary
12 or Director of the Cabinet level agency employing such
13 personnel, the temporary reassignment of Government
14 personnel within the United States Government . in
15 order to implement United States policy with respect
16 to drug control and abuse;
17 (2) procure temporary and intermittent services
18 under, section 3109(b) of title 5 of the United States
19 Code, but at rates for individuals not to exceed the
20 daily equivalent of the maximum annual rate of basic
21 pay payable for the grade of GS-18 of the General
22 Schedule;
23 (3) accept and use donations of property from all
24 Government agencies; and
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L~J
1 (4) use the mails in the same manner as any other
2 department or agency of the Executive Branch.
3 (e) AUTHORITY OF DIRECTOR.-Notwithstanding any
4 other provision of law, the Director shall have the authority
5 to direct each department or agency with responsibility for
6 drug control to carry out the policies established by the Di-
7 rector consistent with the general authority of each agency or
8 department.
9 (f) INTELLIGENCE AUTHORITY.-Notwithstanding any
10 other provision of law, the Director shall undertake no activi-
11 ties inconsistent with the authorities and responsibilities of
12 the Director of Central Intelligence under the provisions of
13 the National Security Act of 1947, as amended, or Executive
14 Order 12333.
15 (g) GENERAL SERVICES ADMINISTRATION SUP-
16 PORT.-The Administrator of General Services shall provide
17 to the Director on a reimbursable basis such administrative
18 support services as the Director may request.
19 SEC. 5. PREPARATION AND SUBMISSION OF; NATIONAL AND
20 INTERNATIONAL DRUG CONTROL STRATEGY
21 , (a) DEVELOPMENT AND SUBMISSION OF THE DRUG
22 STRATEGY.-(1) The Director shall submit to the Congress,
23 within 180 days after the date of enactment of this Act, and
24 on February 1st of each year thereafter, a full and complete
25 National and International Drug Control Strategy (hereafter
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JULY 6, 1988
H.R. 4916, As ORDERED REPORTED BY THE COMMITTEE ON-THE
JUDICIARY ON JUNE 30, 1988
AMENDMENT IN THE NATURE OF A SUBSTITUTE, INCORPORATING ALL-
AMENDMENTS AGREED TO BY THE COMMITTEE ON THE JUDICIARY
[NOTE: THIS DOCUMENT HAS NOT BEEN TECHNICALLY CORRECTED,]
Strike out all after the enacting clause and insert in
lieu thereof the following:
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ER4916A
1 Section 1956(a) of title 18, United States Code, is
2 amended by adding at the end the following:
3 (3) Whoever knowingly conducts or attempts to conduct a
4 financial transaction that in whole or in part involves the
5 proceeds of specific unlawful activity with intent to violate
6 section 7201 or 7206 of the Internal Revenue Code of 1986
7 shall be sentenced to a fine under this title or in an amount
8 not more than twice the value of the monetary instrument or
9 funds involved in the transaction, whichever is greater, or
10 imprisonment for not more than 20 years, or both.".
11 TITLE VI--DRUG,CZAR-\
12 SEC. 601. ESTABLISHMENT OF. OFFICE.
13 (a) ESTABLISHMENT OF OFFICE.--There is established in the
14 Executive Office of the President an office to be known as
15 the '*Office of Anti-Drug Operations and Policy" (hereafter
16 in this title referred to as the '*Office".).
17 (b) DIRECTOR AND DEPUTY DIRECTORS.--(1) There shall be at
18 the head of the Office a Director (hereafter in this title
19 referred to as the "Director").
20 (2) There shall be two deputy directors of the Office
21 (hereafter in this title referred to as the "Deputy
22 Directors") as follows:
23 (A) A Deputy Director for D4mand Reduction to be
24 responsible for prevention, treatment, research, and
25 private sector initiatives; and
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ER4916A
1 (B) A Deputy Director for Drug Law Enforcement to be
2 responsible for domestic drug law enforcement, border,
3 aerial, and maritime interdiction, and international
narcotics control programs.
The Deputy Directors shall.assist the Director in carrying'
6 out the Directors functions under this title.
7 SEC. 602. APPOINTMENT AND DUTIES OF THE DIRECTOR AND OTHER
8 PERSONNEL OF THE OFFICE.
9 (a) APPOINTMENT.--(1) The Director and the Deputy
10 Directors shall be appointed by the President, by and with
11 the advice and consent of the Senate.
(2) The Director and the Deputy Directors shall each
13- serve at the pleasure of the President. No person shall serve
15
as Director or a Deputy Director while serving in any other
position in the Federal Government.
16
(b) FUNCTION OF DIRECTOR.--The Director shall serve as
17
the principal director and coordinator of United States
18
operations and policy on drug control and abuse.
19
(c) RESPONSIBILITIES OF DIRECTOR.--The Director shall
20
have the responsibility, and is authorized to--
21
(1) develop, review, implement, and enforce United
22
States Government policy with respect to drug control and
23
abuse;
24
(2) direct and coordinate all United States
25
Government efforts to halt the importation, manufacture,
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ER4916A
50
1 distribution, and use of illicit drugs within the United
2 States;
3 (3) direct and coordinate all United States
4 Government efforts and programs to reduce the demand for
5 illicit drugs through education, prevention, research and
6 treatment;
7 (4) develop in concert with other governmental
8 entities budgetary priorities and budgetary allocations
9 of entities of the United States Government with respect
10 to drug control and abuse;
11 (5) prepare a National and International' Drug Control
12 Strategy as provided in section 703; and
13 (6) coordinate the collection and dissemination of
14 information necessary to implement United States policy
15 with respect to drug control and abuse.
16 (d) POWERS OF DIRECTOR.--In carrying out responsibilities
17 under subsection (c) the Director is authorized to--
18 (1) employ and prescribe the functions of such
19 additional officers and employees, including attorneys,
20 as are necessary to perform such responsibilities;
21 (2) direct the temporary reassignment of Government
22 ? personnel within the United States Government in order to
23 implement United States policy with respect to drug
24 control and abuse;
25 (3) procure temporary and intermittent services under
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EER4916A
1 section 3109(b) of title 5 of the United States Code, but
2 at'-rates for individuals not to exceed the daily
3 equivalent of the maximum annual rate of basic pay
4 payable for the grade of GS-18 of the General Schedule;
5 (4) accept and use donations of property from all
6 Government agencies; and
7 (5) use the mails in the same manner as any other
8 department or agency of the executive branch.
9 (e) AUTHORITY OF DIRECTOR.--Notwithstanding any other
10 provision of law, the Director shall have the authority to
11 direct each department or agency with responsibility for drug
12 control to carry out the policies established by the Director
13 consistent with the general authority of each agency or
14 department.
15 (f) INTELLIGENCE AUTHORITY.--Notwithstanding any other
16 provision of law, the Director shall undertake no activities
17 inconsistent with the authorities and responsibilities of the
18 Director of Central Intelligence under the National Security
19 Act of 1947 or Executive Order 12333.
20 (g) GENERAL SERVICES ADMINISTRATION,SUPPORT.--The
21 Administrator of General Services shall provide to the
22 Director on a reimbursable basis such administrative support
23 services as the Director may request.
24 (h) ACCESS BY CONGRESS.--The location of the Office in
25 the Executive Office of the President does not affect access
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