LETTER TO MARK GREENBURG FROM (SANITIZED)
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CIA-RDP90M00005R001500090011-0
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K
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Document Creation Date:
December 27, 2016
Document Release Date:
August 23, 2012
Sequence Number:
11
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Publication Date:
August 3, 1988
Content Type:
LETTER
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Central Intelltence Aisenc-y
Mtshinglml) C 70505
The Honorable Mark Greenburg
Special Assistant to the President
Office of Legislative Affairs
The White House
Washington, D.C. 20500
Dear Mr. Greenburg:
UCA FILE
3 August 1988
OCA 2598-88
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 STAT
OCA/LE6
(3 August 1988)
Distribution:
Original - Addressee
1 - D/OCA
- OCA R-e-gistry
11- OCA/Leg/Subjebt File: Narcotics
1 - Signer
1 - OCA Read
STAT
STAT
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FOOD AND DRUGS
ive history and
1984 US.Code
:XECUTIVE ORDER NO. 12590
Aar. 26, 1987, 52 F.R. 10021
TIONAL DRUG
is President by
United States
72, 873, 1111,
title 21 of the
73,1111,1112,
s title]. and in
ice of all drug
-al goverrunent,
.There is hereby
cy Board ("the
I of the follow.
shall serve as
Human Servic-
Ian;
Y;
.3 Urban Devel-
ttion;
3f Management
nt for National
elligence;
Vice President;
e House Drug
President may,
tard shall facili-
tion of national
livities of Exec-
reduce the sup-
ing internation-
ition and edu-
n, and research
onsibilities, the
p United States
resources with
;sent, prevention
abilitation, and
ry priorities and
sets of all Exec-
o halt national
38
POLICY BOARD
and international trafficking of illegal drugs and
to reduce drug abuse;
(3) coordinate the collection and evaluation of
information necessity 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
affecting two or more agencies.
(c) In order whelp 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 II 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
I 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. 1111).
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
amended by deleting "Director of the Drug Abuse
Policy Office" and inserting in lieu thereof "Na-
89 FOOD AND DRUGS
nous! Drug Policy Board" and by deleting "be"
and inserting in lieu thereof "the National Drug
policy Board."
'21 ?1203
'RONALD REAGAN
ti 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
glegal drug law enforcement In the furtherance of that responsibility, the Board
shall have the responsibility, and is authorized to?
(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
(3) coordinate the collection and evaluation of information necessary to imple-
ment United States policy with respect to illegal drug law enforcement
(b) Duties of Chairman
For the purpose of coordinating the activities of the several departments and
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.
(e) Authority of Chairman
In carrying out responsibilities under this section, the Chairman, on behalf of the
Board, is authorized to?
(1) direct, with the concurrence of the head of the agency employing such
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-
bilities 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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II
100TH CONGRESS
1ST SESSION
S.789
To provide the framework necessary to pursue a coordinated and effective
national and international narcotics control policy.
IN TIM 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. IIEFLIN, 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. FELL, 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 tives 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".
STAT
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4
ER4916A
JULY 6, 1988
H.R. 4916, AS ORDERED REPORTED BY THE COMMITTEE ONIThE
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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LATVIDIL MGM rapI WASHFAX MEIcinr num
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TRCM
STAT
01 AUG 1088
STAT
IMMEDIATE
Legislation Division
Office of Congressional Affairs
CENTRAL INTELLIGENCE AGENCY
Tel No.
SUBJECT
Material on the "drug czar" issue.
CLASS I F I CATICh
PACTS
15'
UNCLASSIFIED
SENT TO:
DELTVER TO:
TXTENSION
'0104
ark Greenbu
g
The White House
456-6782
1-07
EW'
,
,
-
- ....... .
REMARKS:
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