STAT Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 0 <2 ?9e Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 3 November 1983 MEMORANDUM FOR: Director of Central Intelligence FROM: Acting Deputy Director, Office of Legislative Liaison SUBJECT: Hawkins-Percy Amendment to the Department of State Authorization Bill 1. Senators Paula Hawkins (R. F1.) and Charles Percy (R. 11. successfully sponsored an amendment to the State Department's Authorization Bill which requires the President to annually report to the Senate Committee on Foreign Relations and the House Committee on Foreign Affairs on the measures being undertaken to reduce illicit drug production and trafficking within each major illicit drug producing country. The President is required to set forth in this report a maximum amount of reduction to drug production which is achievable during the next fiscal year for each such country. If a country fails to meet those projected reductions, the President is required to suspend "all United States assistance to or for" such country. 2. A major problem is presented here because "United States assistance" is defined to include: of any kind, excepting food, medicine or disaster relief assistance, which is provided by any other means, by any agency or instrumentality ofithe United States Government to any foreign 3. The operative effect of this amendment would be to halt any form of assistance to liaison services, and intelligence activities or special activities in a country which fails to meet these projected reductions. 4. The amendment provides for an exception to the suspension of all U. S. assistance when the President reports in writing to the Speaker of he House and the Chairman of he Senate Foreign Relations Committee that the continuation of assistance is in the interest of national security. However, this kind of exception could be a flag as to the existence of Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 intelligence activities in these countries. Furthermore, it is unclear as to what extent the President would have to discuss in this exceptions report the existence or details of any ongoing intelligence activities. Therefore, we have drafted an amendment to the definition of "United States assistance" which would clearly exclude any form of intelligence related operational assistance. 5. Furthermore, the reporting required by this amendment would necessitate a large-scale expansion of our collection and analytical capabilities in the area of narcotics. Some of the information that would be needed we would not even be able to collect as a practical matter. Thus, the President's report would be barred on incomplete information and subject to error. 1 .. Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 STAT Approved For Release 2008/12/04 CIA-RDP95BOOBQ5R000206100003-0 Next 8 Page(s) In Document Denied <2 ?90 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 OLL 83?2653 26 October 1983 MEMORANDUM FOR: FROM: Legislation Division, OLL SUBJECT: Hawkins?Percy Amendment to the Senate State Authorization Bill 1. Attached for your information is a recent amendment added to the State Authorization Bill on the Senate floor. This amendment the Hawkins-Percy Diplomacy Against Drugs Amendment would link drug eradication efforts by foreign governments with bilateral U.S. assistance. The prospect for passage of this amendment, which is not in the House version of the State Authorization Bill, is presently unknown. 2. Under this provision, if a foreign country fails to achieve the projected reduction in illicit drug production contained in a report prepared by the President, then the President must suspend all "United States Assistance'I to that country, unless the foreign country failed for reasons beyond its control (weather, geography, political instability) or if continued assistance is in the national security interest of the U.S. "United States Assistance" is defined in this amendment to include assistance of any kind by any U.S. Government Agency. As presently worded, this prohibition would seem to apply to CIA-furnished assistance. 3. The ability of the President to continue assistance under a "national security" exemption mitigates the impact of this amendment. Nonetheless, we would appreciate your Office's assessment of the potential impact of this provision to complete our analysis of this amendment. Attachment cc: Liaison Division Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 STAT STAT STAT STAT - Approved For Release 2008/12/04 i il 11 tons need to uork democratic conv-qutntiy particularly pic (?origrers of the United voting to support the has been the Endowment and effectively to com; ranting cicznocrac all democratic and clsewhur ate with others in ad- tion. I wish full in your tions and ook forward to furth coopera tron wit those governments of Europe, I te that President ic success in a world filled with car and despise free societies. .ially hopeful that?by this tim olitical parties. labor and bus' United States will have rei signed to bolster democratic throughout the world. if this hat bipartisan Endowment leg- islation? Once this enacted. as I sta earlier. the For- by it their procedures. al programs and plans. To owever. we must first 'hich'I hope we can do exp - with the perfecting, techn' 3.1 bylaws. ini do that the bill gical Challenge" be prin in the RECORD. There being no objectio' the article was ordered to be pr? ted in the Roman. as follows: [From the Washingto 1983 MEL-rim; Moscow's I - omcrciu. CHALLENGE (By William Brock . Michael Samuelsl For the first ti \the United States D: an opportunity harness the exper' cc and energies of private sector in eeb ing the global i eological challenge esent- ed by the viet Union and allies. Whether or at that opportunit ecomes a reality dep ds on Senate proval this week of a . oposal to create National En- dowment rDemocracy. Promp passage of the le islation (S. 1342) will sen a strong messa to the world that the A a ?rlcan people intend to support the g-owth and deve pment of democratic plur. ism abroad. legislation 'mes. Sept. 29. tending in the Sena WI: id establish - National Endowment I mocracy as private, non-profit cor ion. It aoul receive an annual ap opri- ation from Congress and would sub- -gislation has been? ,question the relative distribution of fun Jt'Cl to Congressional ou-n?icw and guid- sure. The dowui ique feature of the proposed - is that all of the overseas r0- uould be designed and implen bor. the two political parties. a 6 others. The Endowment legislation specifically names four of the organizatio that would receive funds: the Center International Private Enterprise. the Trade Union Institute. and Democratic Institutes f7 fairs. Each of the politi . draw personnel uni Congressional separate Republican and International Af- party institutes will program ideas from r-oresentatives. academia. Center for International Pri- ise is part of the National erica. 0 her private sector groups suc as the edia. the legal profession co-ueratives. and academia are being encour. _ed to apply for funds. -Our involvement with National En- dowment for Democracy ems from a re- search study conducted. - th President Rea- gan's support. by the ipartisan American Political Foundation. addition to the two of us. the study gr- board also includes RNC Chairman 9 ank J. Pahrenkipf. Jr.. DNC Chairman harles T. Manatt. Sen. Christopher 'odd. President Lane Kirklan Rep. Dante Fascell. Richar V. Allen. other distinguished priv sector rep sentatives. This swup of business and labor lders. Repub? and Democrats. liber and conse ratives. strongly supports Endow- me concept. The Report. whi was pre- se ed to the Administration Congress midvApril. recommended establish- ent of the Endowment documented the many potential bene is of such pro- grams for the United St es and for demo- cratic forces around th - -'orld. The Endowment co cept is based on pr viding support for - at President Rea called~ in his spe to the British ment last y,ear infrastructure of racy? ?politic.al ies business asso free labor other ele Each of from th proposed Endowme fective means of communism is to so ess groups. labor unions er institutions emerge a . the forces of tyranny 'ely checked. government-to-gOve id are essential and shoul Some criticism has bee proposed Endowment in the earlier House vote. criticism reflects dome that the proposed dominated by one 1c partisan concer dowment would ty or the other. Som CONGRESSIONAL RECORD 19, 1.953 or tut-in husintss and l:.ihor uh cumulus art groundless. Roth political party institutes \e been designated to receive the sam unount of funding and have the same presentation on the proposed Endowme- board In the cases of business and lab . the appropriate Congressional cornmitt decided that. ini- tially, labor would elve a larger amount as recognition of work that regional labor training 1 tutes have already done in democratic trade unionism while opposi communism in Africa. Latin America, a . Asia. As the - Center's programs dc . - op. lube and business will receive eq 11- lent iding in future years. F?urth- . its broa bipartisan structure assures at no on grout) will be in a position to Co trol the posed Endowment. Congress uf course. -'ill exercise a strong oversigh function to ensure that the proposed E1 cowinent ade- quately coordinates progr and that all programs are in the natio 1 interest. Domestic concerns - de, It is long past time that the Ameriv?n private sector be- comes an essential effort to provide upport for democratic, pluralism worlo- ide. Indeed, the private sector is Am ican 'dernocratic pluralism. What better to confront our most dan- gerous adv rsaries than through our ow democra pluralist institutions? Mr. ERCY. I know of no obj on 15 side. PRESIDING OEF ere objection? If there . no objec- ion. the question is on . - iori sistance to any country not meeting pro- jected reductions in illicit drug produc- tion) Mrs. HAWKINS. Mr. President, I send an amendment to the desk and ask for its immediate consideration. The PRESIDING OFFICER (Mr. WILSON). The clerk will report. The bill clerk read as follow: The Senator from Florida. (Mrs. HAW- KINS). for herself and others, proposes an amendment numbered 2345. . . Mrs. HAWKINS. Mr. President. I ask unanimous consent that further reading of the amendment be dis- . pensed with. The PRESIDING OFFICER. With- out objection. it is so ordered. The amendment is as follows: At the bottom of page 48. add the follow? ing?. 'l?iru: VII-GENERAL Pnovrsrons INTERNATIONAL NARCUTICS ctmraor. SEC. 701. (11) Section 481ml of the Foreign Assistance Act of 196] is amended by strik- ing out the fourth and fifth sentences. Section 481 of such Act is. amended by redesignating subsections and as and respectively. Approved For Release 2008/12/04 .- ement of_the nationals . . Approved For Release 2008/12/04 1,9. 195.} (ciS1ction tilt is further amended by in- serting after subsection the following nev. subsections: "tbr Not later than January of each year. the President shall prepare and trans- mit to the Committee on Foreign Relations of the Senate and the Committee on For- eign Affairs of the House of Representatives 3. report on those measures being undertak- en and planned for the next fiscal year by each major illicit drug producing country for which the President is proposing to fur- nish- United States assistance for the next fiscal year. which measures are designed to prevent narcotic drugs or other controlled substances from being cultivated. produced. or processed illicitly. in whole or in part. in such country. or from being transported through such country to United States Gov- ernment personnel or their dependents or from entering the United States unlawfully. Based upon such measures being undertak- en and planned for each such country and based upon such other available informs. tion. the President sh 11 relininar determinail?? m? LEaium ount o; reduc mm in it left drug nro uction which is {chi-Heme the nex. ?scal ear fach maqgr 1 1 (H1 cm coun or 111 1c mte es assts ce 1 cm en. res1 en 3 a me the. amoun 0 each such pro- jected reduction in such report. The report shall also set forth the actual reductions in illicit drug production made by each major illicit drug producing country which has re- ceived United States assistance for the pre- ceding fiscal year. . ?(cxl) As soon as possible after the trans- mittal of a. report required by subsection - the designated representatives. of the President shall initiate appropriate consul- tations with the appropriate committees of the Congress. Such committees shall cause to be printed in the Congressional Record thesubstance of each consultation. After the President's designated rep- resentatives initiate appropriate consulta- tions. the appropriate committee of each House of Congress should hold a. public hearing to review the preliminary determi- nation of the President unless public dis?g- sure 01' the ro ected redbc- tions re . 21112110 ?(31 After the conclusion. of the hearings held under paragraph (2) or 90 days after the in?iation of appropriate consultations under paragraph (1). whichever occurs first. th 1 Committee on Forei- ouse- 0 cc on orei Affairs of the ac mm rug pro uc1n - I other prmislons of law if the report required to .- ors . sus end all gtates assistance tramw- ug pro uc1ng country and "12) the Secretary of the Treasury shall instruct each United States Executive Dir?c- tor of the international Bank for Recon- struction and Development. the Interna- tional Development Association. the Inter- or fin determination regar 1n th maximum amoun 0 re uc- 111c1t rug pro uc1on 1c CONGRESSIONAL RECORD SENATE An11r1c1n Dc \Pl oprno. nt Bani-1 and the Asian Bank to tote any loan or other utilization of the funds of the re- spective international financial institution to or for such major illicit drug producing country. - ee on orc1gn Retail o.1s of the that.?- "(Al such country did not achiese its pro- jected reduction in illicit drug production because of {Elli fl? 31211111111 llai such as anging Wea er conditions. geographic impediments. and political instability; or furnishing United States assistance or approving the extension of loans or the furnishing of financial or technical assist- ance by an international financial institu- tion to such country in the nat1onal secu rit terests of the War?'? ?Hlldiin-mmtes 111151- ance to a country is suspended or that the United States votes against the extension of loans or the utilization of funds of such in- ternational financial institution under sub- section such suspension shall continue in force and the Untied States shall contin- ue to cast such votes. as the case may be. until the President determines and reports in writing to the appropriate committees of? the Congress that? the government of such country has prepared. presented. and committed itself to a plan providing for the control. reduction, and gradual elimination of the illicit cultiva- tion. production. processing. transportation. and distribution of narcotic drugs and other controlled substances within an explicitly stated.- period of time. with implementation commencing prior to the renewal of assist, ance. or before the approval by the United States of the extension of any loan or the furnishing of any financial or technical as. sistance by an international financial insti- tution. to such country; and the government of such country has taken legal and law enforcement measures toenforce effective suppression of the illicit cultitation, production. processing. trans portation. and distribution of such- drugs or controlled substances} Section 481 of such Act is further amended by adding at the end thereof the following: As used in this section? . the term ?appropriate consultations' means discussions in person by designated representatives of the President. including the Assistant Secretary of State for Intema- tional Narcotics Control and appropriate representatives of the Department of Health and Human Services. the Depart- ment of the Treasury. the Department of Defense. and the Department of Justice. with members of the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Repre- sentatives to review the worldwide illicit drug production situation and the role that the furnishing of United States assistance to majorillicit drug producing countries and that United States contributions to interna- tional financial institutions should have in combating the entry of?illicit narcotics and other controlled substances into the United States. and to provide such members with? ?(Al a description of the nature of the if- licit drug production problem in each major illicit drug producing country for which the President is proposing to furnish United States assistance; "(Bl an analysis of the climatic. geograph- ic political economic. and social factors that affect the illicit drug production in each country with respect to which the Hillt') President is required to report to 111-; Con- gress under slil?tt?tidh "(Cl a description of the 1n?i?11 ioiog) Cployed to dt'te1mine the pro?t". 1d red uc- tions for each major illicit drug pro1i11c111g country for which the President is prop-3s ing to furnish United States assistance for the next fiscal year. and ?(Di an analysis of any additional United States aetiistance that would be required to achieve the projected reductions reported by the President to the Congress pursuant to subsection the term 'legal and law enforcement measures' means-? ?(Al the enactment and implementation of laws and regulations or the implementa? tion of existing laws and regulations to pro- vide for the progressive control. reduction. and gradual elimination of the illicit cultiva- tion, production. processing. transportation. and distribution of narcotic drugs and other controlled substances; and the effective organization. staffing. equipping. funding. and activation of those governmental authorities responsible for narcotics control: the term ?maj?or illicit drug producing country' means a country producing 10 metric tons or more of opium or opium de- rivative during a fiscal year or producing 500? metric tons or more of coca. or marijua- na (as the case may be) during a ?scal year. the terms ?narcotlc drugs' and ?other controlled substances? shall have the same meaning as is givento such terms by any ap plicable international narcotics control agreement or domestic law ofthe country or countries concerned?. subiect to the provi- sions of this Section; and the term ?United States assistance means any assistance of any kind. excepting food. medicine or disaster relief assistance. which is provided by grant. sale, loan. lease. credit. guaranty. or insurance. or by any other means. by any agency or instrumem tality of the United States Government to any foreign country. including? assistance under this Act (including programs under title IV of chapter 2 of part relating to the Overseas Private Invest- ment Corporation. but excluding programs under chapter 9 of part 1, relating to inter- national narcotics control assistance)? sales. credits. and guarantees under - the Arms Export Control Act; "(Cl sales under title I and title Ill and donations under title II of the Agricultural Trade Development and Assistance Act of 1954 of noufood c0mmodities: . "(Dl financing programs of the Commod- ity Credit Corporation for export of non- food commodities; financing under the Export-Import Bank Act of 1945; assistance under the Migration and Refugee Assistance Act of 1962; programs under the Peace Corps Act: "(Hi assistance under the Inter-American Foundation Act; and ?(Il assistance under the Mutual Educa- tion and Cultural and Exchange Act of 1961.". Mrs. HAWKINS. Mr.? President. today I am introducing an amendment to S. 1342. the Department of State authorization bill which is designed to combat. the corruption. violent crime. addiction. and health hazards victimiz- ing Florida and the rest of this coun- try as a result of the flow of illegal drugs from abroad. This amendment is cosponsored by Senators PERCY. BIDEN. Cocnaan. Concmr. D'Amaro. HUMPHREY. Morm- Approved For Release 2008/12/04 STAT Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 ?0 0 Next 12 Page(s) In Document Denied <2 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 (mm? farm-.1 ?r Approved For Release 2008/12/04 2f L. . .. . ifs-L. i Wain-3; uglc 3.13;: - 822ml 35:. 3.3. U-J-iay 1984 - the Honorable David A. Stockman* ?Director ?Office of Management and B?dget Hashington, 0.0. 20503 Dear Mr. Stockmapzr 0? - . . . 'Senatot Bidenis Drug Czarlaill,,s. 1797; is currently under considera ati. in the House of Representatives. While I certainly favor efforts 'to,igprove the Governmentis ability to cepe.with the drug problem, I am concerned that certain aspects of this Bill could inadvertently have a detrimental effect on intelligence activities. eSubsections 4 (3) and 4 (3) could be read as authorizing the Board and the Drug Czar to coordinate strategic narcotics intelligence activities abroad a reSponsibility currently exercised by the Director of Central Intelligence (DCI) in coordination with the Secretary of State. These activities are largelyiconducted by the same personnei who - ~are engeged in other intelligence pursuits, and the establishment of'a separate chain of authority for narcotics?related activities could disr?pt other intelligence activities and interfere with iiaison with ?erei n.intelligence seryices and the conduct of foreign affairs. The . Czar's authdrity to evaluate narcotics information might also be inter- determinations as to the use of narcotics If intEKfisence outside Of normal security channels independent of other intelligenqe_eoncerns, therehy jeooardizing intelligence scarces and methods. {.ff - i - 2 S??sections 4 and 4 (3) of the Bill conic interfere tith -?he;formulation of the Intelligence Community budget by aiving the Narcotics Board the_pouer to fund narcotics efforts out of 53227 appre- pri?ted for other intelligence projects vital to the securizx 5% this country.. I believe that robbing Peter to pay Paul is net - ne.ans?er hi the drug enrorcement instead. senior.officials i federal' agencies involved in drug_enforcemcnt should wort closely wizh members as Congr?sslo Obtain the necessarxfends to 33.3.0 ?re-3 . .. .I . Approved For Release 2008/12/64 1, In . a 7 .v Approved For Release 2008/12/04 Finally, subsection 4 of the Bill would interfere with the DCI's responsibilities for allocating intelligence assets -- in this? case, personnel. Because intelligence officers have multiple reSponsi- bilities, having them serve two masters would cause total confusion. Although subsection 4 provides that ?notwithstanding the authority granted in [Section 4 the Board shall not interfere with routine law enforcement or intelligence decisions of any agency,? it does not protect Intelligence Community interests because it covers only the Board's actions; the Czar apparently is not covered.' Horeover, it protects from interference only routine intelligence decisions. Nonrouti mised. ne,'indeed significant, intelligence decisions could be compro? One way to avoid the potential problems outlined above would be to urge the Congress to consider?e?panding the scope of the noninterference provision by striking the reference to ?intelligence decisions? in subsection 4 and by adding a new provision as follows: Nothing in section 4 shall limit the authorities provided . the Directonyef Central Intelligence by the National Security Act.of l947, as amended, the of l949, or any other statute or Executive Orderopen to any other suggestions regarding possible approaches to- resolving the issues raised in this letter. I hope that by working together we can reach an agreement with the Congress that will improve the effectiveness bf the Government's effort against dru at the same time protect intelligence interests. at. Mr. Jay 8. Stephens . l5 Deputy Associate Attorney General I i. 22' . . a Sincerely, trafficking and?. ?r - I Jenn u. ?c?ahon a Eirector of Central Intgix: I EXDIR OLL 06C HID/narcotics - ER File-(Corrected fm 15 Hay copy} Approved For Release 2008/12/04 .- - -. ll h?I I Approved For Release 2008/12/04 2 Central Intelligence Agency . Executive Registry 84- 2209/3 20 July 1984 The Honorable David A. Stockman Director, Office of Management and Budget Washington, D.C. 20503 Dear Mr. Stockman: This letter responds to 0MB's request for comments on Assistant Attorney General McConnell's 2 July letter to you regarding CIA's concerns with Senator Biden's narcotics bill. Despite the differences between CIA and the Department of Justice regarding the impact of Senator Biden's bill on the Intelligence Community, I do agree with the Department of Justice that it would be inappropriate to seek to amend Senator Biden's narcotics bill at this time since the bill does not appear to be moving. In fact. I did not suggest in my letter of 17 May that our preposed amendment be raised with Congress before it appeared likely that the House of Representatives would act on this legislation. Rather, it was my purpose to state for the record the serious intelligence concerns with this legislation. He again must note that the Senate Bill S. 1787 would seriously and adversely affect (I) the responsibilities to coordinate intelligence collection and protect intelligence sources and methods. (2) his responsibilities in connection with the Intelligence Community budget, and (3) his equities regarding the assignment of Intelligence Community-personnel. As a member of the Cabinet Council on Legal Policy, we learned of Justice's alternative to S. 1787 but were never given the opportunity to review the specific proposal and didn't learn of the details of the .legislation until it passed the Senate. Requests by our General Counsel to obtain access to the proposal from Justice were denied. I would hope that the time afforded by the congressional delay in acting on this legislation will enable us to reach an accommodation Approved For Release 2008/12/04 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 -2- tnat will alleviate our concerns. I have instructed my staff to work with Department of Justice in reaching an Administration position that Hill accommodate intelligence concerns. Sincerely, STAT (I Jonn N. McMahon Deputy Dir ctor of Central Intelligence cc Assistant Attorney General, Office of Legislative and Intergovernmental Affairs Distribution_py Jul 84 Orig - one - CC - Asst - DDCI - EXDIR - - OGC - Narcotics - EXEC REGISTRY FILE . . Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 my a 98TH CONGRESS 2W 5. 1787 IN THE HOUSE OF REPRESENTATIVES FEBRUARY 9, 1984 Jointly referred to the Committees on the Judiciary and Energy and Commerce AN ACT To establish a National Drug Enforcement Policy Board. Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assembled, That this Act may be cited as the ?National Narcotics Act of 1984?. SEC. 2. The Congress hereby makes the following ?ndings: - (1) The flow of illegal narcotics into the United States is. a major and growing problem. (2) The problem of illegal drug activity falls across the entire spectrum of Federal activities both nationally and internationally. Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 4 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 {90346301903th -(3) Illegal drug trafficking is estimated by the General Accounting Office to be an $80,000,000,000 per annum industry in the United States. (4) The annual consumption of drugs has reached epidemic proportions. (5) Despite the efforts of the United States Gov- ernment and other nations, the mechanisms for smug- gling opium and other hard drugs into the United States remain virtually intact and United States agen- cies estimate that they are able to interdict no more than 5 to 15 percent of all hard drugs flowing into the country. . i (6) Such significant indicators of the drug problem as drug-related deaths, emergency room visits, hospital admissions due to drug-related incidents, and addiction rates are soaring. (7) Increased drug trafficking is strongly linked to violent, addiction-related crime and recent studies have shown that over 90 percent of heroin users rely upon criminal activity as a means of income. (8) Much of the drug trafficking is handled by syn- dicates, a situation which results in increased violence and criminal activity because of the competitive strug- gle for control of the domestic drug market. Approved For CIA-RDP95800895R000200100003-0 Approved For Release 2008/12/04 3 (9) Controlling the-supply of illicit. drugs is a key to reducing the crime epidemic confronting every region of the country. (10) The magnitude and scope of the problem re- quires the establishment of a National Drug Enforce- ment Policy Board, chaired by the Attorney General, to facilitate coordination of all Federal efforts by rele- vant agencies. (11) Such a Board must have responsibility for co- ordinating the operations of Federal agencies involved in attacking this problem through the development of policy and resources, so that a unified and efficient effort can be undertaken. It is the purpose of this Act to insure? (1) the maintenance of a national and internation- al effort against illegal drugs; (2) that the activities of the Federal agencies in- volved are) fully coordinated; and (3) that a single, competent, and responsible high- leuel Board of the United States Government, chaired by the Attorney General, will be charged with this re- sponsibility of coordinating United States policy with respect to national and international drug law enforce- ment. 1787 RFH Approved For Release 2008/12/04 Approved For Release 2008/12/04 woo-4650190359? 4 SEC. 3. There is established in the executive branch of the Government a Board to be known as the ?National Drug Enforcement Policy Board? (hereinafter in this Act referred to as the ?Board?). There shall be at the head of the Board a Chairman who shall be the Attorney General (hereinafter in this Act referred to as the ?Chairman?)i In addition to the Chairman, the Board shall be comprised of the Secretaries of State, Treasury, Defense, Transportation, Health and Human Services, the Director of the Office of Management and Budget, and the Director of Central Intelligence and such other officials as may be appointed by the President. Decisions made by the Board pursuant to section 4(a) of this Act shall be acknowledged by each member thereof in writ- ing. . SEC. 4. The Board shall facilitate coordination of United States operations and policy on illegal drug law en- forcement. In the furtherarice of that responsibility, the Board shall have the responsibility, and is authorized to? (1) review, evaluate and develop United States Government policy, strategy and resources with re? spect to illegal drug law enforcement efforts, including budgetary priorities and a National and International Drug Law Enforcement Strategy; I737 Approved For Releeise 2008/12/04 Approved For Release 2008/12/04 1 (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 in- formation necessary to implement United States policy with respect to illegal drug law enforcement. For the purpose of coordinating the activities of the several departments and agencies with responsibility for drug law enforcement and implementing the determinations of the fl 10 Board, it shall be the duty of the Chairman? ll 11 (1) to advise the Board in matters concerning 3 12 drug law enforcement; ii 13 (2) to. make recommendations to the Board for the 14 14 coordination of drug enforcement activities; 3 15 (3) to correlate and evaluate tintelligence and a 16 other information on drug law enforcement to support if 17 the activities of the Board; 18 (4) to act as primary adviser to the President and 19 Congress on national and international illegal drug law 20 enforcement programs and policies developed by the 21 Board under subsection of this section and the im- 22 plementation thereof; and 23 (5) to perform such other duties as the President 24 may direct. 1737 are Approved For Release 2008/12/04 Approved For Release 2008/12/04 6 1 In carrying out responsibilities under this section, the 2 Chairman, on behalf of the Board, is authorized to? 3 (1) direct, with the concurrence of the head of the 4 agency employing such personnel, the assignment of 5 Government personnel within the United States Gov- 6 ernment in order to implement United States policy 7 with respect to illegal drug law enforcement; 8 (2) provide guidance in the implementation and 9 maintenance of policy, strategy, and resources devel? 10 oped under subsection of this section; 11 (3) review and approve the reprograming of funds 12 relating to budgetary priorities developed under subsec- 13_' . tion of this section; 14 (4) procure temporary and intermittent services 15 under section'3109(b) of title? 5i of the United States 16 Code, but at rates for individuals not to exceed the 17 daily equivalent of the maxir?hum annual rate of basic 18 pay payable for the grade of of the General 19 Schedule; 20 (5) accept and use donations of property from all 21 Government agencies; and 22 (6) use the mails in the same manner as any other 23 department or agency of the executive branch. 1787 RFH Approved For Release 2008/12/04 V-I Wm? Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 com-ammuxwwm tiNotwithstanding the authority granted in subsection of this section, the Board shall not interfere with routine law eanr 'm'I sham-nugaim- I- '_Ii 7 If n' The Administrator of the General Services Adminis- tration shall provide to the Board on a reimbursable basis such administrative support services as the Chairman may request. SEC. 5. The Chairman shall submit to the Congress, within nine months after enactment of this Act, and biannual? ly thereafter, a full and complete report re?ecting United States policy with respect to illegal drug law enforcement, plans proposed for the implementation of such policy, and, commencing with the submission-of the second report, a full and complete report reflecting accomplishments with respect to the United States policy and plans theretoforc submitted to the Congress. SEC. 6. Title II of the Drug Aliuse Prevention, Treat- ment and Rehabilitation Act (21 U.S.C. 1112) is amended by adding at the end of section 201 (21 U.S.C. 1111) a new subsection as follows: Support to National Drug Enforcement Policy Board. One of the duties of the White House Office of Drug Abuse Policy shall be to insure coordination between the Na- tional Drug Enforcement Policy Board and the health issues associated with drug abuse. 1787 RFH STAT Approved For Release 2008/12/04 8 SEC. 7. This Act shall be effective January 20, 1985. Passed the Senate February 7 (legislative day, Febru- ary 6), 1984. Attest: WILLIAM F. HILDENBRAND, Secretary. Approved For Release 2008/12/04 STAT Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 ?0 0 Next 3 Page(s) In Document Denied <2 ?90 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 1? Approved For Release 2008/12/04 g. ?S?r?ulg 513:1: 1934 . - ihe?Honbrab1e David A. Stockman- 91' rec tor ??ffice of-Hanagement and Budget Washington, D. C. 20503 Dear Mr. Stockman: . -_Sena+ or Biden' 5 Brug Czar'1Bi11,,S. is currentty under considere 'ati. .in the House of Representatives. Hhi1e I certain1y favor efforts ?to 1qprove the Government' 5 ability to cope with the drug prob1em, I am concerned that certain a5pects of this Bi11 cou1d inadvertent1y have?a detrimenta1 effect on inte11igence activities. Subsections 4 (31 and 4 (3) cou1d be read as authorizing the Beard and the Drug Czar to coordinate strategic narcotics int e11igence activities abroad a reSponsibi1ity curren t1y .ercised by the Director of Centrai Inte11igence (DCI) in coordination with the Secretary of State. These activities are 1arge1y conducted by the same personnel who - ~are engaged in other inte11igence pursuits, and the establishment of'a separate chain of authority for narcotics- -re1ated activities cou1d disrupt other inteiligence activities and interfere with 1ia1 son with forei n. int e1ligence services and the conduct of foreign affairs. The . Czar' authdrity to eva1uate narcotics informati-on night a1so be inter- preted as entit1ing,n_im .to make determinations as to the cse or narcotics. . - 1ntoTTigence outside or normai securitv channe1s independent of other 1nt?1113ence concerns therehijeopatdizing ge -_ce sou.*cgs and met ods 4 a . - Babsections 4 (11 and 4 (c1 of the B111 cou1c interfere 91th ?the formuiation of the Inte11ig_ence Community budget by 31:13; the Narcotics Board the power to fund narcotics efforts out of zone: aggro- p.riated for other projects vita1 to the secs:*i:g of this .countrx I beiieve that tobbing Peter to pay Pau1 is net tne. the drug en: orcement probiem. instead. senior of ?iciais in Se 39811131135 1'1: Dive-d in drug enfOICe 11.41. should Kori: 510591) 3,511,, warmers Congress to obtain the necessa13 fund .s to ?;ombit .the dr'g orehiee. - . - . . .a-nr . 'Approved For Release r. 74:1? Mr. Jay B. Stephens 5' Approved For Release 2008/12/04 Finally, subsection 4 of the Bill would interfere with the DCI's responsibilities for allocating intelligence assets in this~ case, personnel. Because intelligence officers have multiple reSponsi~ bilities, having them serve two masters would cause total confusion. Although subsection 4 provides that "notwithstanding the authority granted in [Section 4 the Board shall not interfere with routine law enforcement or intelligence decisions of any agency,? it does not protect Intelligence Community interests because it covers only the Board's actions; the Czar apparently is not covered.? Moreover, it protects from interference only routine intelligence decisions- Honroutine, indeed significant, intelligence decisions could be compro- misedavoid the potential problems outlined above would be to urge the Congress to consider?e?panding the scope of the noninterference provision by striking the reference to "intelligence decisions? in subsection 4 and by adding a new provision as follows: Nothing in section 4 shall limit the authorities provided . the Directoei?f Central Intelligence by the National Security Act.of 1947, as amended, the CIA Act of l949, or any other statute or Executive Orderopen to any other suggestions regarding possible approaches to. resolving the issues raised in'this letter. I h0pe that by working together we can reach an agreement with the Congress that will improve the effectiveness of the Government's effort.against drug trafficking and'. at the same time protect intelligence interests. 7 Sincerely, \e . John N. ?c?ahon . ?Deputy Director of Central Intelligence_f,f? Deputy Associate Attorney General 7 --DCI- - DDCI OLL 06C . - MIG/Narcotics - -. - ER File-(Corrected Fm l5 Hay.copyl I Approved For Release 2008/12/04: Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 Approved For Release 2008/12/04 Central Intelligence Agency m1.? . ., Executive Registry 84- 2209/3 20 July 1984 The Honorable David A. Stockman Director, Office of Management and Budget Washington, D.C. 20503 Dear Mr. Stockman: This letter responds to 0MB's request for comments an Assistant Attorney General McConnell's 2 July letter to you regarding CIA's concerns with Senator Biden's narcotics bill. Despite the differences between CIA and the Department of Justice regarding the impact of Senator Biden's bill on the Intelligence Community, I do agree with the Department of Justice that it would be inappropriate to seek to amend Senator Biden's narcotics bill at this time since the bill does not appear to be moving. In fact, I did not suggest in my letter of 17 May that our proposed amendment be raised with Congress before it appeared likely that the House of Representatives would act on this legislation. Rather, it was my purpose to state for the record the serious intelligence concerns with this legislation. We again must note that the Senate Bill S. 1787 would seriously and adversely affect (1) the responsibilities to coordinate intelligence collection and protect intelligence sources and methods. (2) his responsibilities in connection with the Intelligence Community budget, and (3) his equities regarding the assignment of Intelligence Community-personnel. As a member of the Cabinet Council on Legal Policy. we learned of Justice's alternative to S. 1787 but were never given the bpportunity to review the specific proposal and didn't learn of the details of the .legislation until it passed the Senate. Requests by our General Counsel - to obtain access to the proposal from Justice were denied. I would hope that the time afforded by the congressional delay in acting on this legislation will enable us to reach an accommodation Approved For Release 2008/12/04 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 tnat will alleviate our concerns. I have instructed my staff to work with Department of Justice in reaching an Administration position that Will accommodate intelligence concerns. Sincerely. STAT John N. McMahon Deputy Dir ctor of Central Intelligence cc Assistant Attorney General, Office of Legislative and Intergovernmental Affairs Distribution by Jul 84 Orig - 0MB - CC - Asst 1 --DCI - DDCI - EXDIR . OLL - STAT - OGC MID/Narcotics - EXEC REGISTRY FILE Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 98TH CONGRESS 21) SESSION 0 1 787 IN THE HOUSE OF REPRESENTATIVES FEBRUARY 9, 1984 Jointly referred to the Committees on the Judiciary and Energy and Commerce AN ACT To establish a National Drug Enforcement Policy Board. Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assembled, That this Act may be cited as the ?National Narcotics Act of 1984?. I . SEC. 2. The Congress hereby makes the following ?ndings: - (1) The flow of illegal narcotics into the United States is?a major and growing problem. (2) The problem of illegal drug activity falls across the entire spectrum of Federal activities both nationally and internationally. Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 ?hi i Approved For Release 2008/12/04 2 1 (3) Illegal drug trafficking is estimated by the 2 General Accounting Office to be an $80,000,000,000 3 per annum industry in the United States. 4 (4) The annual consumption of drugs has reached 5 epidemic proportions. 6 (5) Despite the efforts of the United States Gov- ernment and other nations, the mechanisms for smug- 8 gling opium and other hard drugs into the United 9 States remain virtually intact and United States agen- 10 cies estimate that they are able to interdict no more 11 than 5 to 15 percent of all hard drugs flowing into the country. I 13 (6) Such significant indicators of the drug problem 14 as drug-related deaths, emergency room visits, hospital 15 admissions due to drug-related incidents, and addiction 16 rates are soaring. 17 (7) Increased drug trafficking is strongly linked to 18 violent, addiction-related crime and recent studies have '19 shown that over 90 percent of heroin users rely upon 20 criminal activity as a means of income. 21 (8) Much of the drug trafficking is handled by syn- 22 dicates, a situation which results in increased violence 23. and criminal activity because of the competitive strug- 24 gle for control of the domestic drug market. Approved For ReleaseZp?O?HZ/M CIA-RDP95800895R000200100003-0 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 3 (9) Controlling the-supply of illicit. drugs is a key to reducing the crime epidemic confronting every region of the country. (10) The magnitude and of the problem re- quires the establishment of' a National Drug Enforce- ment Policy Board, chaired by the Attorney General, to facilitate coordination of all Federal efforts by rele- vant agencies. (11) Such a Board must have responsibility for co- ordinating the operations of Federal agencies involved in attacking this problem through the development of policy and resources, so that a unified and efficient effort can be undertaken. It is the purpose of this Act to insure?? (1) the maintenance of a national and internation- al effort against illegal drugs; (2) that the activities of the Fe'?eral agencies in- volved are fully coordinated; and (3) that a single, competent, and responsible high- level Board of the United States Government, chaired by the Attorney General, will be charged with this re- sponsibility of coordinating United States policy with respect to national and international drug law enforce- ment. 5 1787 RFH Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 4 SEC. 3. There is established in the executive branch of the Government a Board to be known as the ?National Drug Enforcement Policy Board? (hereinafter in this Act referred to as the ?Board?). There shall be at the head of the Board a Chairman who shall be the Attorney General (hereinafter in this Act referred to as the ?Chairman?)i In addition to the Chairman, the Board shall be comprised of the Secretaries of State, Treasury, Defense, Transportation, Health and Human Services, the Director of the Of?ce of Management and Budget, and the Director of Central Intelligence and such other officials as may be appointed by the President. N) Decisions made by the Board pursuant to section 4(a) of this 03 Act shall be acknowledged by each member thereof in writ- ing. . SEC. 4. The Board shall facilitate coordination of l-lD-l United States operations and policy on illegal drug law en- forcement. In the furtherance of that responsibility, the HH 03%] Board shall have the responsibility, and is authorized to? CO (1) review, evaluate and develop United States to 0 Government policy, strategy and resources with re- N) spect to illegal drug law enforcement efforts, including N) budgetary priorities and a National and International 03 Drug Law Enforcement Strategy; Approved For CIA-RDP95800895R000200100003-0 Approved For Release 2008/12/04 5 1 (2) facilitate coordination of all United States 2 Government efforts to halt national and international 5 3 trafficking in illegal drugs; and ll 4 (3) coordinate the collection and evaluation of in- 5 formation necessary to implement United States policy ll 6 with respect to illegal drug law enforcement. 7 For the purpose of coordinating the activities of the 8 several departments and agencies with responsibility for drug 9 law enforcement and implementing the determinations of the I: 10 Board, it shall be the duty of the Chairman? 11 (1) to advise the Board in matters concerning 12 drug law enforcement; 13 (2) to make recommendations to the Board for the 14 coordination of drug enforcement activities; 15 (3) to correlate and evaluate tintelligence and 16 other information on drug law enforcement to support 17 the activities of the Board; 18 (4) to act as primary adviser to the President and 19 Congress on national and international illegal drug law 20 enforcement programs and policies developed by the 21 Board under subsection of this section and the im- 22 plementation thereof; and 23 (5) to perform such other duties as the President 24 may direct. 1731 mm Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 6 1 In carrying out responsibilities under this section, the 2 Chairman, on behalf of the Board, is authorized to? 3 (1) direct, with the concurrence of the head of the 4 agency employing such personnel, the assignment of 5 Government personnel within the United States Gov- 6 ernment in order to implement United States policy 7 with respect to illegal drug law enforcement; 8 (2) provide guidance in the implementation and 9 maintenance of policy, strategy, and resources devel- 10 oped under subsection (a)i of this section; 11 (3) review and approve the reprograming of funds 12 relating to budgetary priorities developed under subsec? 13-, tion of this section; 14 . (4) procure temporary and intermittent services 15 under section 3109(b) of title 5g of the United States 16 Code, but at rates for individuals not to exceed the 1'7 daily equivalent of the maximum annual rate of basic 18 pay payable for the grade of of the General 19 Schedule; 20 i (5) accept and use donations of property from all 21 Government agencies; and 22 (6) use the mails in the same manner as any other 23 department or agency of the executive branch. 1787 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 Iv-cam-r-I .. :1 ?1 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 p?d CD (I) <1 01 Cub-N) 7 Notwithstanding the authority granted in subsection of this section, the Board shall not interfere with routine law enforcementer?in-telligence decisions of any agency. i The Administrator of the General Services Adminis- tration shall provide to the Board on a reimbursable basis such administrative support services as the Chairman may request. SEC. 5. The Chairman shall submit to the Congress, within nine months after enactment of this Act, and biannual? 1y thereafter, a full and complete report reflecting United States policy with respect to illegal drug law enforcement, plans proposed for the implementation of such policy, and, commencing with the submission'of the second report, a full and complete report reflecting accomplishments with respect to the United States policy and plans the?retofore submitted to the Congress. SEC. 6. Title II of the Drug Abuse Prevention, Treat- ment and Rehabilitation Act (21 U.S.C. 1112) is amended by adding at the end of section 201 (21 U.S.C. 1111) a new subsection as follows: Support to National Drug Enforcement Policy Board. One of the duties of the White House Office of Drug Abuse Policy shall be to insure coordination between the Na- tional Drug Enforcement Policy Board and the health issues associated with drug abuse. 1787 RFH STAT flan-$1. . . 1 A: 4? Approved For Release 2008/12/04 8 1 SEC. 7. This Act shall be effective January 20, 1985. Passed the Senate February 7 (legislative day, Febru- ary 6), 1984. Attest: WILLIAM Secretary. gppgeyeqfor Release 2008/12/04 CIA-RDP95800895R000200100003-0 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 156 (W) Cum?ru?gmzAgny OLL 84?3394 18 September 1984 Ms. Deborah K. Owen Majority General Counsel Committee on the Judiciary United States Senate 2226 Senate Dirksen Office Building Washington, D.C. 20510 Dear Ms. Owen: As I indicated to you earlier, we have several important intelligence concerns with respect to proposed legislation establishing a new policy board to coordinate Federal efforts to combat drug abuse. These concerns are reflected in the enclosed letter of Chairman Boland of the HPSCI to Representative Hughes. We have been in contact with Mark Gitenstein and Scott Green with respect?to our concerns, and they have informally indicated that they Mould be willing to consider an amendment that would accommodate intelligence equities. We intend to meet with them shortly to work out specific language, and I will keep you apprised as to our efforts in this regard. Sincerely, STAT Legislation Division Office of Legislative Liaison Enclosure I Distribution: Original Addressee - 1 - - OLL Chrono LEG Subject (Narcotics) - DP Signer '18 Sept 84) STAT Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 ling?: League. IAII. Mm? do: mmem? Approved For Release 2008/12/04 CIA-RDP95BOOBQ5RDOOZOO100003-0 - ?fn?gu? U.S. HOUSE OF REPRESENTATIVES [If-Jinn ma.? . PERMANENT SELECT communes . . nut-nu motion?" . ON IHTELUGENCE '5 1/ - i 3 mars?" WASHINGION. o.c. 20515 .0. STD-P, In. m. mirmugmz" Septenber 10, 1981? um" mun. Honorable William J. Hughes Chairman, Subcommittee on Crime Committee on the Judiciary .207 Cannon House Office Building Hashington, D. 20515 Dear Mr. Chairman: H.R. #028, which would establish a high level Office of Drug Abuse Policy for coordination of all federal efforts to combat drug abuse, will be ?considered by the House today. In light of its imminent passage and your future conference discussions on resolving the differences between H.R. 4028 and its Senate counterpart, it is important that you be aware of several intelligence concerns raised by that bill, S. 1787. Unlike the coordinating and leadership role H.R. h028 would give the Director of a new Office of Drug Abuse Policy (DDAP), S. 1787 invests the Chairman of a National DrugrEnforcement Policy 3rd with final budgetary, personnel and other authorities over agencies, including intelligence agencies, contributing to the national drug effort. Such authority, in my view, is inappropriate and inevitably will intrude into intelligence matters having no bearing on narcotics intelligence matters. It could also involve the Chairman of the NDEPB unnecessarily in matters directly affecting intelligence sources and methods. Since H.R. 4028 avoids such concentration of power in the person of the Director of the DDAP, I urge that in negotiations with the Senate, you insist on the House approach to these matters. An explicit disclaimer that the Director of Central Intelligence's authorities are not affected by any House-Senate compromise bill would be one way to accomplish this. H.R. ADZB now contains such a disclaimer relating to the authorities of the Secretary of Defense and the Administrator of the Veteran's Administration. I or the Committee staff would be happy to expand on these concerns at your convenience. With every good wish, I am Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 -l Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 Mooring Central new 18 SEP 1984 0LL: 84-3488/1 The Honorable Edward P. Boland. Chairman Permanent Select Committee on Intelligence House of Representatives Washington, D.C. 20515 Dear Mr. Chairman: I have just received a copy of your letter to Chairman Hughes of the Judiciary Subcommittee on Crime regarding H.R. 4028, and I want to thank you for your strong effort to protect the DCI's authorities and to avoid the difficulties that a poorly drawn drug czar bill might cause to U.S. intelligence efforts. Your letter exemplifies intelligence oversight at its best, and I want you to know that the . Director and I are most appreciative of your leadership. 4; Thanks again. Sincerely, STAT John N. McMahon Deputy Director of Central Intelligence Distribution: Original - Addressee 1 - DCI EXDIR - ER C/Liaison C/Leg. OLL Subject OLL Chrono Sept 1984) STAT I Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 Approved For Release 2008/12/04 CIA-RDP95300895R00020010000356 3 W) CuM?WH%mmAgmy OLL 84?3388 17 September 1984 Ms. Charlene L. Vanlier Minority Associate Counsel Subcommittee on Crime Committee on the Judiciary Cannon House Office Building Washington, D.C. 20515 Dear Ms. Vanlier: Per our telephone conversation of 14 September, I.am enclosing a copy of a letter by Chairman Boland of the HPSCI to Congressman Hughes on H.R. 4028 and S. 1787. Since we do have intelligence concerns regarding this legislation, I would very much appreciate your continuing to keep me informed of the status of negotiations between the House and Senate on these bills. I would also like to meet with you at your convenience so that I can more fully explain our concerns with the legislation and possible amendments that would alleviate our concerns. Finally, I very much would welcome any help or advice you can give us on how intelligence equities can best be protected in a House-Senate Conference. Sincerely, STAT Legislation Division Office of Legislative Liaison Enclosure Distribution: Original Addressee - - OLL Chrono - LEG Subject (Narcotics) - DP Si ner (17 Sept 84) STAT F4H14F4FJH I Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 non-?mm. unnou. KY. AN Y. wrcu: r-owwt a; u: umuon. mo. 31035333555333? U.S. HOUS OF REPRES ENTATIVES w, PERMANENT SELECT COMMITTEE 1' "w .l urn-?rm ON INTELUGENCE 3 L. wumu mmwunsr. v4. mu. YOUNG. Iru. WASHINGTON. DC. 20515 30! SIUHP, MHZ. munu r. PL THOMAS LATIHER. DIRECTOR moan J. own. cum couusn Septenber 10, 1984 STEVEN K. ICRIY, COUNSEL Honorable William J. Hughes Chairman, Subcommittee on Crime Committee on the Judiciary 207 Cannon House Office Building Washington, D. C. 20515 Dear Mr. Chairman: H.R. 4028, which would establish a high level Office of Drug Abuse Policy for coordination of all federal efforts to combat drug abuse, will be Qconsidered by the House today. In light of its imminent passage and your future conference discussions on resolving the differences between H.R. 4028 and its Senate counterpart, it is important that you be aware of several intelligence concerns raised by that bill, S. 1787. Unlike the coordinating and leadership role H.R. 4028 would give the Director of a new Office of Drug Abuse Policy (ODAP), S. 1787 invests the Chairman of a National Drug Enforcement Policy Board (NDEPB) with final budgetary, personnel and other authorities over any agencies, including intelligence agencies, contributing to the national drug effort. Such authority, in my view, is inappropriate and inevitably will intrude into intelligence matters having no bearing on narcotics intelligence matters. It could also involve the Chairman of the NDEPB unnecessarily in matters directly affecting intelligence sources and methods. Since H.R. 4028 avoids such concentration of power in the person of the Director of the ODAP, I urge that in negotiations with the Senate, you insist on the House approach to these matters. An explicit disclaimer that the Director of Central Intelligence's authorities are not affected by any House?Senate compromise bill would be one way to accomplish this. H.R. 4028 now contains such a disclaimer relating to the authorities of the Secretary of Defense and the Administrator of the Veteran's Administration. I or the Committee staff would be happy to expand on these concerns at your convenience. With every good wish, I am so WM DWARD P. 0L CHAIRMAN Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 . 1.- 93m CONGRESS 2D 813331013 Jointly referred to the Committees on the Judiciary an?l Energ) and Com meme;- '2 3 33 5 .- "?139 Approved For Release 2008/12/04 CIA-RDP95BOO895R000200100003-0 I . IN, THE HOUSE OF REPRESENTATIVES FEBRUARY 9,1981 181133313: . - To establish a National Drug Enfm cement Policy Board - . Be it enacted by 1713 Senate and Home of Represente- tines of the Uirited Siatee of America. 1'71 Congresls assembled, Thet this Act may be eited 33 the at1one. Nereeties Act of 1 1334". . . - .2 SEC. 2 The Concress hereby maltes the 2311331111.,- I, -. 3-. (1) The ?ow ot' illegal harcoties into The problem of illegal drug ectivity falls . MiApproved Fer Release 2008/12/04. RDP95BO0895R000200100003- 0 Wri??qifi?t?uf MR 93?: V. 1 the United . Stete3' 13 emejor 3.111l gromng problem. . -- - .- acress the entire spectrum of Federal activities hoth I 113110111111}: 3.116. internatiorlally23322 a 40 . ?r ?it \L-u V31 - Ll" aw $913.1: I?vv?gqu-..: .3- ?ag? =91 . '31' . v.12? Approved For Release 2008/12/04 ?10".epidemic proportions. 2 . (3) Illegal drug trafficking is estimated by the General Accounting Office to bean $80,000,000,000 per annum industry in the United States. (4) The annual consumption of drugs has reached (5) Despite the efforts of the United States Gov- ernment and other nations, the mechanisms for smug- gling opium and other hard drugs into the United States remain virtually intact and United States agene cies estimate that they are able to interdict no more than 5 to 15 partent of all hard drugs ?owing into the country Such significant indicators of the drug problem as drug-related deaths, emergency reom visits hospital admissions due to drug?related incidents, and addiction - rates are soaring. - - (7) Increased drug traificking is strongly linked to violent, addiction-related crime and recent studies have. . shown that over 90 percent of heroin users rely upon .- criminal activity as a means of income. (8) Much of the drug traf?cking ls handled by 1 dicates, a situation which results in increased violence . and criminal - activity because of the competitive strug-. gle for control Of the domestic drug market. - - Approved For CIA-RDP95800895R000200100003-0 10_ 11 . '12 713 15 17 2'0 '21. 23" ?24 wood-J 61-01 14sec Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 3 (9) Controlling thesupply of illicit drugs is a key to reducing the crime epidemic confronting ever)" region of the country. (10) The magnitude and scope of the problem re- quires the establishment of a fational Drug Enforce- ment Policy Board, chaired by the Attorney General, to facilitate coordination of all Federal efforts by rele- vant agencies. (11) Such a Board must have responsibility for ca- ordinating the operations of Federal agencies involved. - in attacking this problem through the development of . pohcwai) that a unified and efficient effort can he undertakenthe purpose of this Act to insure?? (1) the maintenance of a national and internation? al effort against illegal drugs; (2) that the activities of the Federal agencies in? . volved are fully coordinated; and (3) that a single, competent, and responsible high? - level Board of the United States Government, chaired lay the Attorney General, will be charged with this re- sponsibility of coordinating United States polio} with respect to national and international drug law enforce; ment. 173'! RFH Approved For Release 2008/12/04: CIA-RDP95800895R000200100003-0 STAT atlas Approved Fer Release 2008/12/04 2 -134 I I 4 - 3. There is established 111 the exccutire branch of i the Government a Board to be known as the ?Ta'ational Drug Enforcement Policy Board? (hereinafter this Act referred to as the ?Board?). There shall he at the head of the Board a this Act referred to as the In addition to the Chairman, the Board shall be comprised of the Secretaries of A State, Treasury, Defense, Transportation, Health and?Chairman who shall be the Attorney General (hereinafter in 6 '1 8 9 . ?Hunian Services, the Director of the Office of Management 7- . 10. and Budget, and the Director of Central Intelligence and I I 1 - 11 such other officials as may be appoznted by the President. 12 Decisions made the Board pursuant to section 4(a) of this 1! '7 13 . Act shall be acknowledged by each member?thereof 1n writ- 15. SEC. 4. The Board shall facilitate coordination of 16 United States operations and policy on illegal drug law en- L33: . 1ft forcernent. In the furtherance of that responsibility, the - 18 Board shall have the responsibility, . . i 19,? (1) rewewrexr-aluate- and . 20 - Govemm8nt policy strategy an w" 21 spect to illegal drug law enforcement efforts, 3 UNCODED 1 22 budgetary-TMies an ?a 23 Drug Law Enforcement Strategy; Approved For Release CIA-RDP95800895R000200100003-0 Approved For Release 2008/12/04 CIA-RDP95800895R0002001000031787 RFH Approved For Release 2008/12/04. CIA- RDP95BOO895R000200100003- 0 f; 1 (2) facilitate coordination of all United States i! 2 Govermnent efforts to halt national and international - it 3 trafficking in illegal drugs; and STAT 4 andm'erf in- i! 1: '5 formation/mecwsary to implement United States policy 6 'with respect to illegal drug law enforcement. 7 For the purpose of coordinating the activities of the 8 several departments and agencies with responsibility for drug E: . 3 9 law enforcement and implementing the determinations Board, it shall he the duty of the Chairman?' J: '11 (1) to? advise the Board in .matters concerning 3 12' drug law enforcement; 13 (2) to make recommendations to the Board for the i . . 14 "hoordination of drug enforcement aetivities; . i _15 (3) Meg evaluate'iateRigeaee?and- -- 1i) . . 16 :ether- information on drug law enforcement to support :l the activities of the Board; i 18' to act as primary adviser to the Bresident and 19 Congress on national and internaticinal illegal drug law I 20 enforcement programs and policies developed by the . 21 Board under subsection of this section and the 1m- 22 . plementation thereof; and I '23 (5) to perform such other doties as the Bresident 24 ma direct. ?'th . is; Approved For Release 2008/12/04: CIA-RDP95800895R000200100003-0 4:1? 6 In carrying out responsibilities under this section, the - I STAT Chairman?a? oar IS authorised 1 2 3 (1) direct, with the concurrence of the head of the A i STAT ment 0 . 4 agency employing such personnel; the 7 . I 5 Government personnel within the United States Gov? 6 ernment in order to implement United States policy 0.1.. ivith resect to illegal drug law enforcement; 8 (2) A - the implementation and 7 STAT 9- I maintenance of polio}- strategy, and resources dei'el? I I i STAT 10 oped under subsecti of this section; . VO/(il/? .. 11 (3) review m- he re-rowmm 01 ds I I STAT 12 1613.th to t- email I '1an - .iun; 14 Z. I (4) procure temporary and intermittent. services - .v 15 . under section 3109(1)) of title 5 of the United States i '16 - Code, but at rates for individuals not to exceed. the t. i I 17 daily equivalent of the maximum annual rate of hasic . 1 18 I. pey payable for the grade of 63?18 of the General - -. 19 :f Semene; 2O 7 (5) accept and use donations of property from all 21 1 - Government agencies; and I 22 i i (6) use the mails' the seine runner as any other 23 1' department or agency of the executive brerieh._ 1737 RFH i i i 7 Approved For Release 2008/12/04. . . .. . -, . 1. - bun" . I 51"? . a Approved For Release 2008/12/04: CIA- RDP95800895R000200100003 0 to the United subsection as followzs - - - . 4 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 7 . the authorita- ranted 1n subsectmn?h (a)Aof this secti011,Athe inter ere with ?H-t-ille]_ law eniorcement o'r intelligence decisions of any'agency. - - The Administrator of the General Services Adminis- tration shall provide to the Board on a reimbursable basis such administrative support services as the Chairman may rvithin nine months after enactment of this . ly thereafter, a full and complete repo )?t?re ectmg me - STAT . States policy with respect to illegal drug law enforcement plans proposed for the implementation of such pol1c3', and, commencing with the submission of the second report, a full and complete report reflecting accomplishments with respect the congress. SEC. ,6 Title II of the Drug Abuse Prevention, Treat- ?1 l'rnent and Rehabilitation Act (:21 U. S.0. 1112) is amended by adding at the end of section 201 (21 US. 0. 1111) a. new- A ?(Ell Support to National Drug Enforcement Policy: Board. One of the duties of the White House Office 01 t'Dl'ug .- 3.7. Abuse Policy shall be to insure coordination between the Na? . . tional Enforcernent Policy Board andthe health 1ssues associated with-drug abuse. . (- nun-r nc-u sad. 5. The Chairman shall submit Congress, - - I W'uwI?u request: . Approved For Release 2008/12/04 8 . . SEC. 7. This Act shall be effective Januaryr 20, 1985. Passed the Senate _Febr?ary 7 (legislative day, Febru- ary 6), 1984:. - Attest: WILLIAM Secretary. I. I I ?pimthv . . see-- - I. Iat'?'l0.1-: ain't-'00-'Oul'0atol negamtvv Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 . 98m CONGRESS ls'r SESSION . . 4028 To amend the Drug Abuse Prevention, Treatment, and Rehabilitation Act to revise the authority of the Of?ce of Drug Abuse Policy, to establish a Deputy Director for Drug Abuse Prevention and a Deputy Director for Drug Enforcement in the Of?ce, and for other purposes. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 29, 1983 Mr. HUGHES (for himself, Mr. SAWYER, Mr. SMITH of Florida, Mr. GILMAN, Mr. SHAW, Mr. SCHUMER, Mr. RonINo, Mr. RANGEL, Mr. MICA, Mr. GUARINI, Mr. YOUNG of Missouri, Mr. ENGLISH, Mr. ALBOSTA, Mr. Mr. ROE, Mr. TOBRICELLI, Mr. GLICKMAN, Mr. LEVINE of California, Mr. FAS- OELL, Mr. FEIGHAN, Mr. MCGRATH, Mr. MATSUI, Mr. FAUNTBOY, Mr. CHAPPIE, Mr. TOWNS, Mr. COUGHLIN, Mr. ORTIZ, Mr. PARRIS, Mr. SCHEUER, Mr. OXLEY, Mr. SAM B. HALL, Ja., Mr. LEWIS of Florida, Mr. AKAKA, and Mr. PRITCHARD) introduced the following bill; which was re- ferred jointly to the Committees on the Judiciary and Energy and Commerce A BILL To amend the Drug Abuse Prevention, Treatment, and Reha- bilitation Act to revise the authority of the Office of Drug Abuse Policy, to establish a Deputy Director for Drug Abuse Prevention and a Deputy Director for Drug Enforce- ment in the Office, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 That title II of the Drug Abuse Prevention, Treatment, and Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 2 Rehabilitation Act (21 U.S.C. 1112) is amended to read as follows:' i - 0F have. ABUSE POLICY ?Sec. ?201. Of?ce of Drug Abuse Policy. ?202. Concentration of Federal effort. ?203. Acceptance of uncompensated services. ?204. Notice relating to the control of dangerous drugs. ?205. Statuory authority unaffected. ?206. Annual report. ?207. Authorization of appropriations. 201. Office of Drug Abuse Policy The Of?ce of Drug Abuse Policy in the Execu? tive Of?ce of the President shall be headed by a Director appointed by the President. The President may appoint the Vice President to be the Director. Any other appointment shall be made by and with the advice and consent of the Senate. Under the Director shall be a Deputy Director for Drug Abuse Prevention and a Deputy Director for Drug En- forcement, each appointed?by the President by and with the advice and consent of the Senate. The Director may delegate to each Deputy Director such of the authority to carry out section 202 as the Director considers appropriate. The Presi- dent may direct the Director or a Deputy Director to repre- sent the Government of the United States in discussions and negotiations relating to drug abuse functions. Unless the Director is the Vice President, the Di- rector shall be compensated at the rate of pay in effect for level I of the Executive Schedule and each Deputy Director Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 my, m- 'rwrw?n?m . Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 3 shall be compensated at the rate of pay in effect. for level of the Executive Schedule. In carrying out section 202, the Director may "employ and prescribe the functions of such of?cers and em- ployees, including attorneys, as are necessary to perform the functions vested in him by such section. The location of the Of?ce in the Executive Of?ce of the President shall not be construed as affecting access by the Congress or committees of either House (1) to informa- 10 tion, documents, and studies in the possession of, or conduct- 11 ed by or at the direction of the Director or a Deputy Direc- 12 tor, or (2) to Office personnel. 13 202. Concentration of Federal effort 14 I The Director shall?? 15 establish policies for, objectives of, and prior- 16 ities for, Federal drug abuse functions; ,1 17 coordinate and oversee the performance of 18 drughabuse tunctlons by rederal departments and agen- STAT 19 cies to insure the implementation of the policies, objec- 20 tives, and priorities established under paragraph i 21 make such recommendations to the President 22 respecting? 23 changes in the organization, manage- 24 ment, and budgets of artments and 1 STAT 25 agencies engaged in drugabuse functlons, and Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 Approved For Release 2008/12/04 4 .1 a the allocation of personnel to and within 2 such departments and agencies, 3 as the Director determines are appropriate to irnple- 4 ment the policies, priorities, and objectives established 5 under paragraph and 6 consult with and assist State and local gov- 7 ermnents respecting their relations with Federal de? 8 partments and agencies in the performance of drug 9 abuse functions. STAT 10 To carry out subsection the Director shall? 11 review the regulations guidelines, require? 12 ments, criteria, and procedures of Federal departments 13 and agencies applicable to the performance of drug 14 abuse Iunctlons; STAT 15 conduct, or provide for, evaluations of (A) the 16 performance of drugdbuse functions by Federal deparfTAT 17 ments and agencies, (B) the results achieved by such 18 departments and agencies in the performance of such 19 Junctions; 20 seek to assure that Federal departments and 21 agencies, in the performance of drug abuse functions, 22 construe drug abuse as a health problem requiring 23 treatment and rehabilitation through a broad range of 24 community health and social services; Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 - HHh?ll?li-li-ll-ll?l wwr?LH HOQDOD 22 23 24 25 .v to-pww?lq! Approved For Release 2008/12/04: CIA-RDP95800895R000200100003-0 5 review the annual budgets submitted to the Office of Management and Budget for the Federal de- partments and agencies engaged in drug abuse lunc- tions and make recommendations to the President re- specting such budgets before they are submitted to the Congress; and review the allocation of personnel to and by 'such departments and agencies. Federal departments and agencies engaged in drug abuse functions shall submit to the Director such information and reports as may reasonably be required to carry out this section. 203. Acceptance of uncompensated services ?In carrying out section 202, the Director may accept and employ in furtherance of the purpose of such section vol- untary and uncompensated services notwithstanding section 1342 of title 31 of the United States Code. 204. Notice relating to the control of dangerous drugs ?Whenever the Attorney General determines that there is evidence that? a drug or other substance, 'which is not a controlled substance, has a potential for abuse, or a controlled substance should be transferred 'or removed from a schedule under section 202 of the Controlled Substances Act, i Approved For Release 2008/12/04 Approved For Release 2008/12/04 6 he shall, prior to initiating any proceeding under section 201(a) of such Act; give the Director timely notice of such determination. Information forwarded to the Attorney Gener- al pursuant to section 201(f) of such Act shall also be for- warded by the Secretary of Health and Human Services to the Director. 205. Statutory authority unaffected ?Nothing in this title shall be construed to limit the au- thority of the Secretary of Defense with respect to the oper? ation of the Armed Forces or the authority of the Administra- tor of Veterans? Affairs with respect to the furnishing of health care and related services to veterans. 206. Annual report ?The Director shall submit to the Congress, prior to March 1 of each year, a written report on the activities con- ducted under this title. The report shall specify the objec- tives, nature, and results of such activities, and shall contain an accounting of funds expended under this title. 207. Authorization of appropriations ??There is authorized to be appropriated for the Of?ce of Drug Abuse Policy, $500,000 for fiscal year 1984 and $500,000 for fiscal year 1985.?. SEC. 2. Section 102 of the Drug Abuse Prevention, Treatment, and Rehabilitation Act (21 U.S.C. 1102) is amended by striking out ?and? at the end of paragraph (3), Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 Approved For Release 2008/12/04 7 1 by striking out the period at the end of paragraph (4) and 2 inserting in- lieu thereof a semicolon, and by'adding after -, . - 3* paragraph (4) the following: ii ?4 coordination of law enforcement efforts of all 5 Federal law enforcement agencies and cooperation and 6 sharing of drug enforcement intelligence with State and 7 local law enforcement agencies; 8 coordination of all international, multilateral, 1 9 and bilateral efforts to suppress drug traf?cking, to I 10 control cultivation of crops that arematerials for, controlled substances, and to control pre- i 12 cursor chemicals and other chemicals essential for the 13 manufacture and processing of controlled substances; 14 and 15 increased cooperation among nations in car- 16 tying out the Single Convention on Narcotics, the Con- .: 17 vention on Substances, and any other in? 18 ternational effort to control the traffic and abuse of i 19 controlled substances?. 20 Subsections and of section 103 of such Act 21 (21 U.S.C. 1103) are each amended by striking out ?traffic 22 prevention? each place it occurs and inserting in lieu thereof 23 ?enforcement?; 24 (2) Section 103(c) of such Act is amended?? .Hl?mmw F- Approved For Release 2008/12/04 'Q'n?gl?f' .ui? . u; a: 2-232 - .. Jury?; w, 43?'h?i 5 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003inserting before the semicolon in paragraph the following: ?and other investigations and prosecutions of individuals involved in drug offenses?; (B) by amending paragraph to read as follows: the coordination of the drug enforce- ment activities of Federal agencies and depart- ments;?; and (C) by striking out ?or? at the end of paragraph (1), by striking out the period at the end of paragraph (2) and inserting in lieu thereof or?, and by adding at the end the following: the interdiction of the illicit commerce in con- trolled substances and the suppression of the cultiva- tion of crops that are, or are the raw materials for, controlled substances?. (0) Section 103 of such Act is amended by adding at the end the following: The term ?drug? means a controlled substance. The term ?controlled substance? has the same mean- ing as is prescribed for such term'by section 102(6) of the Controlled Substances Act?. Section 301 of such Act (21 U.S.C. 1161) is amended by striking out ?traffic prevention? and inserting in lieu thereof ?enforcement?. Approved For Release 2008/12/04 CIA-RDP95BOOSQ5R000200100003-0 15 16 17 Approved For Release 2008/12/04 9 (2) Sections 303 and 304 of such Act (21 U.S.C.-1163, 1164) are each amended by striking out ?traf?c prevention? each place it occurs and inserting in lieu thereof ?enforce- ment?. Section 5312 of title 5, United States Code, is amended by adding at the end the following: ?Director, Office of Drug Abuse Policy.?. Section 5314 of such title is amended by striking out ?Director of the Of?ce of Drug Abuse Policy.?. (B) Such section 5314 is further amended at adding at the end the following: ?Deputy Director for Drug Abuse Prevention, Of?ce of Drug Abuse Policy. ?Deputy Director for Drug Enforcement, Of?ce of Drug Abuse Policy?. (3) Section 5315 of such title is amended by striking out ?Deputy Director of the Office of Drug Abuse Policy.?. 0 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 STAT 1 4 SEP 1984 MEMORANDUM FOR: Director Office of Legislative Liaison FROM: STAT Legislation Division Office of Legislative Liaison SUBJECT: Drug Czar Legislation 1. This memorandum is to bring you up-to-date on the status of the Drug Czar legislation in Congress and to propose various options to fix the legislation so that it will not adversely affect DCI equities. 2. On 11 September 1984, the House of Representatives passed H.R. 4028 (the "Hughes 3111') which would establish an Office of Drug Enforcement Coordination. Other legislation dealing with the same subject matter, S. 1787, (the ?Biden Bill") has already passed the Senate. Because these bills are very different, it will be necessary to have a conference in the near future to reconcile the differences. 3. The DDCI has gone on record with OMB as opposing the Biden Bill because it would adversely impact on the DCI's authority with respect to budgetary and personnel matters, and protection of sources and methods. With respect to the Hughes Bill, the authority of the Drug Czar is much more limited than in the Senate bill, and it is the Opinion of OGC and the undersigned that this legislation would not significantly affect DCI authority. At our request, Chairman Boland has sent the attached letter to Representative Hughes outlining our concerns with the Biden Bill and suggesting that in any compromise with the Senate, a provision should be included stating that the DCI's authority will not be affected. I have also discussed this matter with Senator Biden's staff, and they indicated that they would be willing to insert language in their bill requiring that the Drug Czar recognize the DCI authorities. Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 4. Before proceeding further in negotiations with the Congressional staff, it is necessary for this Agency to determine how explicit the disclaimer regarding the DCI authorities should be. In the DDCI's letter to OMB, it was suggested that the following disclaimer should be put into the Biden Bill: INothing in section 4 shall limit the authorities provided the Director of Central Intelligence by the National Security Act of 1947, as amended, the CIA Act of 1949, or any other statute or Executive Order." The DDCI did indicate, however, that he was open to other suggestions as to how Senator Biden's bill could be amended to alleviate our concerns. In discussions with Senator Biden's staff, they indicated their willingness to consider the following types of disclaimer: In carrying out their responsibilities under this section, both the Board and the Chairman shall recognize the duties and responsibilities of the Director of Central Intelligence under the National Security Act of 1947, as amended, (including the protection of sources and methods) or any other law, Executive Order, regulation or directive.I You will notice that this proposed amendment is not as explicit a disclaimer as the proposed amendment originally suggested in the DDCI letter to ONE. Senator Biden's staff indicated that they probably would not accept such an explicit disclaimer. The issue that needs to be decided is whether we should insist upon language that would explicitly except the DCI from the powers of the new Drug Czar, or whether we should compromise on language that does not explicitly except the DCI from the Drug Czar Bill. If we choose the former course of action, we run the risk that we will get no legislative fix and would have to then recommend the Presidential veto of the Drug Czar legislation. If we choose the latter course of action, we probably will be successful in amending the bill, but the DCI's authorities, vis-a-vis the Drug Czar, would be open to some Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 debate. I believe that this matter should be discussed with the DDCI since he has expressed an interest in this piece of legislation. STAT Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 i743, EXECUTIVE OFFICE OF THE PRESIDENT ., OFFICE OF MANAGEMENT AND BUDGET WASHINGTON. no 20503 I 1:913mestth I LEGI SLATIVE REFERRAL EMORANDUM TO: Legislative Liaison Officer De artment of Justice LQ?Etral Intelligence Agency Department of Defense National Security Council Department of Transportation SUBJECT: Department of the Treasury?views on S. 1787. The Office of Management and Budget requests the views of your agency on the above subject before advising on its relationship to the program of the President, in accordance with OMB Circular A response to this request for your views is needed no later than September 5, 1984 Questions should be referred to Gregory Jones (395?3856), the legislative analyst in this office. James/ C?7M/urrf or for Assistant Dire Legislative Reference Enclosures - cc: Richard Williams Frank Kalder _Russ Neeley Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 Approved For Release 2008/12/04 STAT DEPARTMENT OF THE TREASURY OFFICE OF THE GENERAL COUNSEL WASHINGTON. D.C. 20220 AUG 23 1884 Director, Office of Management and Budget Executive Office of the President Washington, DC 20503 Attention: Assistant Director for Legislative Reference Dear Sir: This responds to your request for the Treasury Department's views on the Department of Justice's letter on S. 1787. The Department of the Treasury continues to oppose legislation that would create a new bureaucracy with policy and budgetary control over the departments and agencies with major responsibilities in the fight against drug abuse and drug trafficking. To this end, we have previously objected to H.R. 4028 which, like S. 1787, would supplant some of the existing coordination mechanisms that this Administration has initiated in its overall drug strategy. While we can understand the Department of Justice's view that S. 1787 may be the lesser of two evils, we nevertheless believe that the bill should be considered on its own. We strongly object to S. 1787 because it would authorize an unnec- essary intrusion into the budgetary, and hence policy, decisions of other departments and agencies. We take specific exception to Section which alters the existing review procedure for budgetary decisionwmaking with regard to reprogramming. The changes in authority that S. 1787 would accomplish are unnecessary ones. The existing coordination mechanisms, such as the Cabinet Council on Legal Policy (CCLP), the Drug Supply Reduction Work Group of the CCLP, the Organized Crime Drug Enforcement Task Forces, and the National Narcotics Border Interdiction System, all of which this Administration has carefully developed over the last three and a half years, are now providing the necessary policy review functions that S. 1787 endeavors to create. What is more, these coordinating mechanisms accomplish their purpose in a way that allows each department and agency the degree of autonomy necessary to carry out the functions it is charged by law to perform. As a further indication that the intent of this bill is mnguided, the major Federal initiatives directed against drug-related crime in the past three years have been pursuant to an overall strategy, approved at the White House level, that recognizes and utilizes the unique contributions that each department and agency brings to the overall effort. Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 The carefully-struck balance between the degree of interagency coordination and the retention of the ability of each participating entity to determine, within broad policy goals established by the President, how to apply its resources, has been a central principle of this Administration's drug enforcement strategy to date. It would be unwise to risk upset? ting this balance in the manner proposed by S. 1787. For these reasons, Treasury cannot agree with the position taken by the Justice Department with respect to S. 1787 and recommends that this Administration strenously Oppose this bill, as well as any legislation that would similarly compromise the authority of Federal departments and agencies with responsibil- -ities in drug enforcement. Sincerely yours, 2.. a) xman Deputy General Counsel Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 Approved For Release 2008/12/04 Wno?xf?? 011/4) EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON.D.C. 20503 UMSUH 2 August 13, 1984 LEGISLATIVE REFERRAL MEMORANDUM TO: Legislative Liaison Officer Department of Justice - Department of Defense Central Intelligence Agency Department of Transportation Department of the Treasury National Security Council Department of State SUBJECT: Agency letters (State, Treasury, CIA, and DOD) on 1787, the "drug czar" bill The Office of Management and Budget requests the views of your agency on the above subject before advising on its relationship Eolghe program of the President, in accordance with OMB Circular FYI: up RESPONSE NEEDED AT THIS TTME. Direct your questions to Gregory Jones (395 3 6), of this office. Jam . Assistant Director for Legislative Reference Enclosures cc: A. Curtis F. Kalder R. Neely P. Hughes Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 Approved For Release 2008/12/04 I CIA-RDP95B00895R000200100003-0 United States Department 0 Stale Wshington, 20520 STAT AUG 8 1984 Dear Mr. Stockman: The Department of State has been asked to comment on a Department of Justice letter to you, dated July 2, con- cerning S. 1787, the so-called "drug czar" bill. The Department of State has consistently opposed such legislation, including H.R. 3963 which the President vetoed in 1983 on the recommendation of several Departments including State. We recently conveyed to you a response to Senator Thurmond in which the Department opposed H.R. 4028, another proposal to create a drug czar. The Department was not consulted on the negotiations which led to S. 1787 prior to its passage February 7, nor did we obtain a draft of the Administration's language from Justice until after the bill had been passed. However, our views on predecessor drafts were made well known at meetings of the Cabinet in October, 1983, at which we said that the establishment of a drug czar is unnecessary and duplicative of the current Federal narcotics coordinating process. The subject bill, while providing for a Board whose members would include the Secretary and the Director of Central Intelligence, would confer certain powers upon the Attorney General, separate from the Board's powers, and these authorities would have the effect of making the Attorney General the drug czar. International narcotics control is an important foreign policy issue and, as clearly provided for in law, is an area for the Department to establish foreign policy direc- tives. Given the vital importance of coordinated management of overall US bilateral relations with a dozen or more narcotics source countries, it would be inappropriate for another Cabinet officer to be establishing policy on narcotics-related foreign policy issues. The Honorable David A. Stockman, Director, Office of Management' and Budget. Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 -2- Moreover, as we said last October, we believe that, if negotiations commence again with the Congress, the Department of State and others should also be actively involved in developing the Administration's position; that the negotiating position developed in behalf of the Administration should not be limited to or even begin with the position Justice negotiated with the Senate but should contain the widest base of possible options for the President, including enhancement of the current Cabinet Council coordinating mechanism; and, the negotia- tions should involve the several key members of Senate and House who have influence on such legislation. Sincerely, M74 .. W. Tapley Bennett, Jr. Assistant Secretary Legislative and Intergovernmental Affairs I Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 Approved For Release 2008/12/04 Central Intelligence Agency 20 July 1984 The Honorable David A. Stockman Director, Office of Management and Budget Washington, D.C. 20503 Dear Mr. Stockman: This letter responds to 0MB's request for comments on Assistant Attorney General McConnell's 2 July letter to you regarding CIA's concerns with Senator Biden's narcotics bill. Despite the differences between CIA and the Department of Justice regarding the impact of Senator Biden's bill on the Intelligence Community, I do agree with the Department of Justice that it would be inappropriate to seek to amend Senator Biden's narcotics bill at this time since the bill does not appear to be moving. In fact, I did not suggest in my letter of 17 May that our proposed amendment be raised with Congress before it appeared likely that the House of Representatives would act on this legislation. Rather, it was my purpose to state for the record the serious intelligence concerns with this legislation. We again must note that the Senate Bill S. 1787 would seriously and adversely affect (1) the responsibilities to coordinate intelligence collection and protect intelligence sources and methods, (2) his responsibilities in connection with the Intelligence Community budget, and (3) his equities regarding the assignment of Intelligence Community personnel. As a member of the Cabinet Council on Legal Policy, we learned of Justice's alternative to S. 1787 but were never given the opportunity to review the specific proposal and didn't learn of the details of the legislation Until it passed the Senate. Requests by our General Counsel to obtain access to the proposal from Justice were denied. I would hope that the time afforded by the congressional delay in acting on this legislation will enable us to reach an accommodation Approved For Release 2008/12/04 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 -2- that will aileviate our concerns. I have instructed my staff to work with Department of Justice in reaching an Administration position that accommodate intelligence concerns. Sincereiy, STAT John N. McMahon Deputy Dir ctor of Centrai cc Assistant Attorney Genera], Office of Legisiative and Intergovernmentai Affairs Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0 GENERAL COUNSEL OF THE DEPARTMENT OF DEFENSE WASHINGTON. DC. 20301 STAT 2 0 JUL 1984 Honorable David A. Stockman Director, Office of Management and Budget Washington, D. C. 20503 Dear Mr. Stockman: This is in response to your request for the views of the Department of Defense on Central Intelligence Agency report dated 17 May 1984, regarding S. 1787, 98th Congress, a bill, "To establish an office of the Director of National and International Drug Operations and Policy." While the Department of Defense favors efforts to improve the Government's ability to deal with the narcotics problem, and is dedicating increased efforts to that end, the Department of Defense is also concerned that certain aspects of S. 1787 could impact adversely on the Department's primary defense responsibilities. The Department of Defense is concerned that subsections of the bill could provide the proposed National Drug Enforcement Policy Board with powers that might interfere with correct expenditure of defense resources as authorized and appropriated by Congress. Further, subsections of the bill might interfere with responsibilities vested in the Department of Defense for the assigned missions of the United States operating forces. On those subsections of the bill addressing the collection of foreign intelligence, the Department of Defense fully agrees with the Central Intelligence Agency report and believes the views expressed therein would equally apply to subsections of S. 1787 impacting on Department of Defense responsibilities. Also, we concur in the proposed revision of paragraph 4(d) of the bill, with addition of the following clause at the end of the revised language: or provided the Secretary of Defense by statute or Executive Order." Sincerely, Chap an E. Cox Approved For Release 2008/12/04 CIA-RDP95800895R000200100003-0