COMMENTS FOR SENATOR ERVIN

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80B01495R000900090012-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 17
• Document Creation Date: December 19, 2016
• Document Release Date: September 15, 2005
• Sequence Number: 12
• Publication Date: March 13, 1973
• Content Type: MFR

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has copies of the bill and Sam Ervin's
letter. He will consult with and others, send
comments to OLC, and info a copy to O/DDI.
Chief
Executive Staff
O/DDI
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03n 6- i
; l`Et P :SE + . OF 'II,:' 1 NIa,Em ST t~ 1 S
Tlii:'Rnaicoi,F introduced the folloWitqo- bill; Nv1iicli was read twice and referred
to the, Committee pin:. government Operatioxis
`1 transfer and reolwg ini e all existing. hi Y: err,(, - rtlont functioirs
of the Federal Government related to
trafcs kiintg in narcotic
and dangerous drugs in Division of Narcotics and Danger-
.1 V
' ous' Dr ugs esf blishecl in the `I{`erle al Bnrea i -of Investigation."
Drirg Abuse Law Enforcement R.eorganiz~tior A.ct of 1973"
tzves`of'the United States o
America in Congress assembled,
3 That this Act may be 'cited as' tire "T. decal Narcotics and
7
e it enacted by the'' Senate' ' and"Iloztse o f ' I 'epresenta `'
Ed.' 2. (a) As used. in this Act
(1) The term "narcotics and dangerous drugs" means_
controlled substances as defined in sections 10-t, 201, and
202 of the Controlled Substances Act.
Tz
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1 (2) The term "function" means power and duty; trans-
2 fer of a function, under any provision of law, of an agency or
3 the head of a department shall also be a transfer of all func-
4 tions? under such law which are exercised by any office or
5 officer of such agency or department.
7
~} e
9
+-.ice.. +>s..v i.au ri.i.L U 4.J ut3lA;r, ..L Ji yr 1 VL1V 1
SEC. 3.'' (a) The Gong ess hereby finds and declares--
(1) that the proliferation of narcotics and dan-
gerous drugs is the Nation's number one law enforce-
10 ment problem;
11 (2) that the enforcement of laws related to nar-
12 cotics and drug abuse is scattered widely throughout
13 several Federal departments and agencies;
14 (3) that overlapping jurisdictions, failure to share
15 intelligence and other information, general lack of coin-
16 munication and cooperation, and counterproductive
17 rivalries and competitiveness among law enforcement
18 agencies have resulted from this diffusion of efforts with-
19 in the Federal Government against trafficking in i rar
20 cotics and dangerous drugs;
21 (4) that many Americans are needlessly subjected
22 to narcotics addiction, drug abuse and to drug-related
23 crimes because of the bbreakdown in coordination ,among
24 Federal law enforcement agencies;
25 (5) that the Federal Bureau of Investigation is the
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Y~ e
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preeminent Federal law enforcement agency as a result
of its extensive manpower, laboratory, intelligence, and
investigative resources, .a.nd because of the high esteem
in -which it is held by many Americans for its efforts
against organized crime, internal subversion, and other
criminal assaults against the Nation;
(6) ti t the Federal ,Bureau of --Investigation has
never exercised jurisdiction in the area of narcotics and
drug abuse law enforcement;
(7) - that effective narcotics and drug abuse law
en-
forcement requires- establishment of a new division of the
12 Federal Bureau of Investigation. with. jurisdiction to into-
10? ;mite enforcement of all Federal narcotics and drug abuse
14 laws which is now exercised by other agencies, and to
15 issue policy directives governing the continued law en
21
forcement functions of certain agencies as provided in
this Reorganization Act, related to narcotics and dan-
gerous drugs;
(8) that the Federal Bureau of Investigation;
through the new division established in this Reorganizer-
tion Act, integrate the best of the manpower and exper-
tise that has been developed by other Federal agencies
in building its own capability to deal efecti~el,, -. itch all
aspects of the narcotics and drug enforcement problem,
including combating international and domestic traf-
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i n of. iiai e 9n(1 d1n0e Otis drub; laNvs, and e:cadi:-
fickiiig, im provin
Z7) Y the quality of State and local enforce-
SEC. 4. (a ): '1'11E~i e trc hereby transferred to the Atto'-
'1'7 NSTS+n Oi "T"U CTT()`TS~ F'PWAT Tj?,PiVS TRY DEP 1RTMENrU
enfo ccrrient'1evels
eitin narcotics aiid `drip; ted corricl>(.i(n at gill
1.11 'functions c of :the Secretar
of'the~'Treasury
which are administered''thfo,itgh 'or rith,respect to the
0. F~itroan`iof 'ston s''( slso heiei after referred to as the
;, ;"C'z`storrs Sex'vi(~e"}''~r l' which ii7~' TdJve 'iris sti attoi~s
by Officeof Inve tigation - (Ieargani.ation Plan
j l utnlier'eei=? . of 11965;'30? Fed. 'Reg` ?7035}' leading to
14 i'ixi?W's aii-&1arr'"'st9 forviol atiorisof triy 'Federal law of
15 ' the TJrt.tted'8tates'relating fo` trafckiii `'in t ,rcoties and
6 dngaroits''drltgs.
i
(2) : i' ll ? o'the`r' fitnottons' of the 'Ciistom.s "Service and
the Commissioner of Customs determined `by the Direc-
tor" of the ' Ofce,? of `Afiquageinent: and Bu get to be cl
-
i
rd tl r 'elated to functions transferred by paragraph (1) :
`of this ~ section' Nothing in this section shall be construed
to preclude the ; Customs Service from conducting
hivestigations; making seizures
and arrests related to,
fsriiiigglirtg of coiat l_)i nd'othert.har narcotics
rind dan
,,'. gei~otis clr ags, 1 (B) to iiiiircau of. N icoties a itl
2 1_ angerous ~ )mugs, (2) of the Office of Drug A hrisc, L;~NV
3 fiforceuien,t,, and (3) of the Offlcc for National _Narcotics
4
Intelligc rice. r
(e) The, Bureau of Narcotics and Dangerous Drags, the
O i:c~e _of ~I)r ib Abuse I aW .Eiiforcecmnt,,: arrcl., the:. ce of
7 Na,t orral ~T4a cotics Intelligence, .including the Offices of
S Director of each o'these agencies, are herebyabolisheci:. The
,.>
9 Attorney General shall make such provision as ,he may 'deem
1 11. necessary with.-respect to terminating the of fairs of these
11 agencies not.other.wise .provided for, in?the Act.,
I : ; (f) , `I'lie At toz ney .,General shall delegate to, the, Di ecto?
13 of :tlic Fecler?al ,.Bureau of Investigation. authority ,over furrc;-
14 Lions performed by the Immigration and NaturalizOien 801%v-
15 , ice,. including functions perfu:t?mecl dry, tthe Border Patrol,
JIG related to trafficking ,in narcotics and danger0us.drugs- across
1.7 the,borders of, the- United States at places, ether than, parts -of
18 entry. The Immigration and Naturalization Service, including
19 the Border Patrol, shall perform functions related to enforc,u-
20 went of any law of the United Stites pertaining to narcotics
2.1 and dangerous drugs con:5istOnt with policy, directives tlvtt
22 slidlt be issued from time to time by the Di[NNctoi? of the Fedf-
23 cral BureaLti of Investigation.
24 (g) The Attorney General shall delegate to the Director
2~ of
pprove or 2e~e s a1 Ct }1 ~2 ~~ i~ l BO LIa5I 0YOga9096me-4
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1 tio-as performed by the Law E tiforeenie.ta.t Assistanee Adiuiii-
2 ..istrtatioaa ,related to the awarding of block grants for the
plaruaing,, establishment, and operation of narcotics a:a:ad dati-
4 g ero rus drug enfor-ce:men:t, units. at . the State and. local levels,
5 ` pursuant t o . parts . B and C of : title I of the Omnibus Crin e
q Control anti Saf&-Streets.Act.of 1968 (Public.;Law 92-351;
7 82 Star. 17 )The. Law
Enforcement Assistance Admini--
8 "tration shall perform such functions consistent with. :poliey di-
rectiYes, : that shall be, . issued. from, time., . to time, by the At-
,;.torney General.. after.. consultation withthe Director .oft 'e
11 T'ederal Bureau, of Investigation.;
12 (h) The Attorney General shall promulgate reguiatiohgg-
.or,:the, puxpose'.of, delegating uthor tyT ;not otherwise P161
14 ;, vided in ,ths,.,sectron but::necessary for. achieving the ob
15 jectives of this Reorganization Act.
16 a r . ,,POLICY DIRECTIVES : TO, TI3E ; TRANSPORTATION
17. ,DEPARTMENT a. .
18, SEC. 3..; The President, After consultation with the A't
9 torney; General, . shall direct . the Secretary of Transportat o .
20, with; respect,: to; the following functions related to trafficki.iig]
2.1- .narcotics and. dangerous- drugs :
22 (1) Operations of the Coast 0uard in the
99
'neat of any law of the United States relating to trraf-.
licking; in narcotics and dangerous drugs.
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5-
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tration in the enforcement of any law of the United
States relating to traflieking in narcotics and dangerous
drugs.
POLICY DIRECTIVES TO THE STATE DEPARTMENT
SEC. 9. The President, after consultation With the At-
torney General, shall direct the Secretary of State with re-
_spect to; the following functions related to traffrck.in in
8 narcotics and dangerous drugs.
(1) Operations -of: the Agency, for International De-
10 velopnieiit in supplying economic and technical assistance to
foreign governments for development of narcotics control
12
Relations` generally With foreign governments for
the purpose of coordinating control 'of international narcotics
15 traffic.
16 POLICY DIRECTIVES TO TIIE CENTRAL INTELLIGENCE
17 AGENCY
1#i ri
P
d
f
programs.
13
14
19
resi
ent, a
ter consultation wrth the At-
SEC. 10. the
torney General, shall direct the Director of the Central
20 Intelligence Agency with respect to all of the Director's
21 functions related to trafficking in narcotics and dangerous
22
drugs.
23
> DIRIECI
POLICY ) rI7ES' TO O TIFF, SECRETARY SECRETARY >Y OF l DEFENSE
24 'SEC. 11. The President, after consultation with the
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11.
_ respect to all of the Secretary's functions related to t.raf-
2 ficking in narcotics and dangerous drugs.
3 POLICY DIRECTIVES TO THE TREASURY DEPARTDILENT
4 SEC. 12. The President, after consultation with the
5 Attorney General, shall direct the Secretary of the Treasury
6 with respect to functions administered through or with
7 respect to the Internal Revenue Service that relate to traf-
YV
8 fickinb in narcotics and dangerous drugs.
9 POLICY CO14IMVIITTEE ON NARCOTICS AND DANGEROUS DI,'UGS
10 SEC. 13. (a) -There is establisheda policy Committee on
11 Narcotics and Dangerous Drugs.
12 (b) The Attorney General shall be Charm= of the
13 Committee. The Director of the Federal Bureau. Of In-
14 vestigation shall be Vice Chairman of the Committee. The
1,5 Associate Director for Narcotics and Drug Abuse of the
1G Federal Bureau of Investigation shall be Executive Director
17 of the Committee.
(c) Members of the Committee sliall be appointed by
19 the President from all departments and agencies and their
20 subdivisions, which., under the provisions of tills: RReorgani-
21 nation Act,. have functions related to trafficking in narcotics
22 and dangerous drugs and of such other departments and
2 agencies. and their subdivisions, as the President, after
2.t coll"10tfltion with the Attorney Celucrial tr s l ( tt~~~~r
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1 (d) Tli ComiuittOe s MR meet front time to lime to
2 expedite and coordinate the 1-ol~icr directives issued by the
3 1-)resident. after consullittion with the Attorney General.
4
TRANSi?LIi INNA`UT.ER8
5 SEC. 1.4. (a) The Attorney" Cierieral, in -cons altation
with.-the Director of the Federal Bureau ofJnvestiptio-ft
'shall establish standards and procedures for the selection of
8
personnel of the Bureau, of Customs in, tlre: !Treasaty De-
9 partment, and of the Bureau of Narcotics and Dangerous
10 Drags in the Justice Departnieiit to be transferred to the.
11 Federal Bureau of Investigation in accot?dance with the
12 provisions. of this ;)oction. Criteria for such' - tandards and,
13 procedures shall: reflect. consideration of each employee's
14 record in meeting the responsibilities of, and possessirig the
15 skills for, effective investigation related to trafficking of
16 narcotics and dangerous. drugs. All personnel. selected for.
17 transfer shall be without reduction in classification or com-
18 pensation for one year after such transfer, except that the
19 Attorney General shall have hill authority to assign person-
20 eel during such one year period in order to efficiently carry
21 out functions transferred ender this Reorganization Act.
22 After such one-year period the A,ttoruey. Cene;rii,l, in c~:ne
23 sultation. with (lie Director, shall establish appropriate status
24 for all transferred personnel within the Federal Bureau of
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(b) All orders, determinations, rules, regulations, per-
mits, contracts, certificates, licenses, and privileges
(1)
which have been issued, made, granted, or allowed to be-
corne effective in the exercise of functions which are trans-
ferred under this Act by the Treasury Department and the
state Department any functions of which are transferred
-71, by this Ae .7 and (2)'i which are in effect: at the time this Act
S,-takes effect; shall continue in effect according to their terms
until -modified, termina..ted;` superseded, set aside or i?e-
10
11 petent jurisdiction, or by operation of law:'
12
The provisions of this Act shall not affect any''
' proceedings' pending at the'tirrre this Act tapes effect before
14 any ''department or agency, functions' of which are trans
15 ferred by this Act; except tb.nt such proceedings, to the ex-
16 tent that -they relate `4o functions so
1-7: continued before the Justice
transferred, shall be
Department:-' Orders shall be
18 issued in such proceedings, appeals shall 'be taken -therefrom,
19 and payments shall be made pursuant to such orders, as if
20 this Act had not been. enacted; and orders issued in any such
21 proceedings shall continue in effect until modified, term!-
22 nated, superseded, or repealed by the Justice. Denartnmtent
by a court of competent jurisdiction, or by operation of Lim)%
24 (d) The provisions of this Act shall not affect suits
25 eol'A$W&~L~ I eI s14)20d5/I1/2bisCl9 DRko$OOf495RQQQ 0 990012-4
pealed by the Justice. Department; by 'any court of earn=
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I all such suits proceedings shall be had, appeals taken, and
2 judgment rendered, in the' same manner and effect as if
3 this Act had not been enacted; except that if before the date
4 on, which this Act takes effect, any department or agency
5 (or officer thereof in his official capacity) is a party to a
6 suit involving functions transferred to the Justice Depart-
7 anent, then such suit shall be continued by the Justice De-
8 partment, No cause of action, and no suit, action, or other
9 proceeding, by or against the Treasury Department and the,
10 State Department (or officer thereof in his official capacity )
11 functions of which. are transferred by this Act shall abate
12 by reason of the enactment of this Act. Causes of actions,
13 suits, actions, or other proceedings may be asserted by or
14 against the United States or, the Justice Department as may
15 be appropriate and, in any litigation pending when this Act
16 takes effect, the court may at any time, on its own motion
17 or that-of any party, enter an order which will give effect
18 to the provisions of this paragraph.
19 (e) Such further measures and dispositions as the Di-
20 rector of the Office of Management and Budget shall deem.
21 to be necessary in. order to effectuate the transfers provided
22 in this section shall be carried out in such manner as he may
23 direct and by such agencies as he shall designate.
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 SAM J. ERVIN, JRA111S?.SM I4 For lease 2005/11/23: CIA-RDP80B0149 ii 000900090012-4
JOHN L. MC CLELLAN. ARK. ~ 'CHJA1RLES H. PERCY, ILL.
HENRY M. JACKSON, WASH. JACO' K. JAVITS, N.Y.
EDMUND B. MUSKIE, MAINE EDWARD J. GURNEY, FLA.
ABRAHAM RIBICOFF, CONN. WILLIAM B. SAXSE, OHIO
LEE METCALF, MONT. WILLIAM V. ROTH, JR., DEL.
JAMES B. ALLEN, ALA. BILL BROCK, TENN.
LAWTON CHILES, FLA.
SAM NUNN, OA.
WALTER D. HUDDLESTON, KY.
ROBERT BLAND SMITH, JR.
CHIEF COUNSEL AND BTAFF DIRECTOR
COMMITTEE ON
GOVERNMENT OPERATIONS
March 5, 1973
Director
Central Intelligence Agency
Washington, D. C. 20505
Re: S. 94+2
Dear Mr. Schlesinger:
Attached is a copy of a bill which has been referred to
this committee for consideration.
It will be helpful if you will give the committee the
benefit of your views regarding the provisions of this bill, and
your recommendations as to committee action.
Please transmit your reply in quadruplicate.
Thanking you for your cooperation, I am
Sincerely yours,
Sam J. Ervin, Jr.
Chairman
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STAT
ROUTING AND RECORD SHEET
SUBJECT: (Optional)
S. 942
FROM:
Legislative Counsel
EXTENSION
6136
NO. OLC 73-0193
DATE
13 March 1973
TO: (Officer designation, room number, and
building)
DATE
OFFICER'S
COMMENTS (Number each comment to show from whom
RECEIVED
FORWARDED
INITIALS
to whom. Draw a line across column after each comment.)
DDI
We would appreciate your
2
comments and suggestions for
the preparation of a reply to
Senator Ervin.
Assistant Ldigislative Counsel
5.
att.
6.
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