LETTER TO MARK GREENBURG FROM (SANITIZED)

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CIA-RDP90M00005R001500090011-0
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RIPPUB
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K
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5
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December 27, 2016
Document Release Date: 
August 23, 2012
Sequence Number: 
11
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Publication Date: 
August 3, 1988
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LETTER
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Declassified in Part - Sanitized Copy Approved for Release 2012/08/23: CIA-RDP90M00005R001500090011-0 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 Declassified in Part - Sanitized Copy Approved for Release 2012/08/23: CIA-RDP90M00005R001500090011-0 Declassified in Part - Sanitized Copy Approved for Release 2012/08/23: CIA-RDP90M00005R001500090011-0 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. __Declassified in Part - Sanitized Copy Approved for Release 2012/08/23: CIATRDP90M00005R001500090011-0 _ Declassified in Part - Sanitized Copy Approved for Release 2012/08/23: CIA-RDP90M00005R001500090011-0 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 Declassified in Part - Sanitized Copy Approved for Release 2012/08/23: CIA-RDP90M00005R001500090011-0 Declassified in Part - Sanitized Copy Approved for Release 2012/08/23: CIA-RDP90M00005R001500090011-0 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: Declassified in Part - Sanitized Copy Approved for Release 2012/08/23: CIA-RDP90M00005R001500090011-0 LATVIDIL MGM rapI WASHFAX MEIcinr num IIPLA IMP irk/P. 1111k1P. aim. um. omioff.,.. Declassified in Part - Sanitized Copy Approved for Release 2012/08/23: CIA-RDP90M00005R001500090011-0 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: Declassified in Part - Sanitized Copy Approved for Release 2012/08/23: CIA-RDP90M00005R001500090011-0