LETTER TO MARK GREENBURG FROM (SANITIZED)

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CIA-RDP89T00234R000200250018-0
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December 27, 2016
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January 3, 2013
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18
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August 3, 1988
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LETTER
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Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200250018-0 \""J Central Intelligence Agency Washington . D. C.20S0S 3 August 1988 OCA 2598-88 The Honorable Mark Greenburg Special Assistant to the President Office of Legislative Affairs The White House Washington, D.C. 20500 Dear Mr. Greenburg: Following up on our recent conversation, I've enclosed some material on the "drug czar" issue. Current law (21 U.S.C. ?1203 (d) - copy enclosed) provides that the Drug Policy Board shall take no action inconsistent with the powers and duties of the Director of Central Intelligence under statute or Executive Order. Throughout the "czar v. board".debate, this caveat has been retained: S. 789, an early Biden bill, and H.R. 4916, the House Judiciary Committee's contribution to the House Democratic leadership's omnibus bill, both have it (copies enclosed). The provision, however, appears to be missing from the latest drafts of the "Byrd" and "Dole" Senate omnibus bills. We hope that in its discussions with the Senate on the "drug czar" portion of the bill, the Administration will support retention of this important provision. I look forward to discussing the issue with you after you. have had a chance to review the latest Congressional proposal. Office of Congressional Affairs Enclosures OCA/LEG Distribution: Original - Addressee 1 - D/OCA 1 - OCA Registry. (3 August 1988) STAT STAT OCA/Leg/.Subject File:_ Narcotics 1 - Signer 1 - OCA-Read STAT Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200250018-0 Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200250018-0 ive history and 1984 U.S.Code FOOD AND DRUGS 38 39 FOOD AND DRUGS tional Drug Policy Board" and by deleting "be" and inserting in lieu thereof "the National Drug policy Board." '21 * 1203 XECUTIVE ORDER NO. 12590 Aar. 26, 1987, 52 F.R. 10021 is President by e United States 72, 873, 1111, f title 21 of the 73, 1111, 1112, s title], and in ce of all drug al government, and international trafficking of illegal drugs and to reduce drug abuse;, (3) coordinate the collection and evaluation of information necessary to implement United States policy with respect to illegal drug law enforcement and to the reduction of drug abuse; -and (4) provide policy guidance to the agencies and facilitate resolution of differences in this area con- cerning interagency activities and other matters i of the follow- shall serve as Human Servic- ian; nt for National elligence; Vice President; e House Drug yard shall facili- tion of national tivities of Exec-. reduce the sup- ing internation- ition and edu- n, and research onsibilities, the p United States resources with lent, prevention abilitation, and ry priorities and (c) In order to help coordinate the activities of Executive departments and agencies with responsi- bility for drug law enforcement and drug abuse reduction, and to supervise implementation of the determinations of the Board, the Chairman shall: (1) advise the Board in matters concerning its responsibilities; (2) make recommendations to the Board for the coordination of drug enforcement and drug abuse reduction activities; (3) correlate and evaluate intelligence and other information to support the activities of the Board; (4) act as primary advisor to the President and the Congress on national and international pro- grams and policies and the implementation of those policies; and (5) perform such other duties as the President may direct.. (d) The Board shall carry out all duties and responsibilities of the National Drug Enforcement Policy Board, as set forth in Chapter XIII (The National Narcotics Act) of Title IT of Public Law 98-473 [this chapter]. (e) Nothing in this Order shall be deemed to affect the authorities or responsibilities of the Office of Management and Budget, or any Office or official thereof. Sec. 3. Coordinating Groups.. The Board shall establish a Drug Enforcement Coordinating Group and a Drug Abuse Prevention and Health Coordinating Group. The membership and chair- man of each Coordinating Group shall be desig- nated by the Chairman of the Board. Sec. 4. Conforming Amendments. (a) Section 1 of Executive Order No. 12368 [set out as a note under section 1112 of this title] is amended to provide as follows: The Office of Policy Development has been assigned to assist the President and the National Drug Policy Board in the performance of the drug policy functions contained in Section 201 of Title Ii of the Drug Abuse Prevention, Treatment, and Rehabilitation Act, as amended (21 U.S.C. ill 1). Within the Office of Policy Development, the Director of the Drug Abuse Policy Office shall be primarily responsible for assisting the President and the Board in the performance of those func- tions." (b) Section 2 of Executive Order No. 12368 is trts of all Exec- amended by deleting "Director 'of the Drug Abuse o halt national Policy Office" and inserting in lieu thereof "Na- "RONALD RFAOAN ? 1203. Responsibilities and functions of National Drug Enforcement Policy Board (a) Coordination of operations and policy The Board shall facilitate coordination of United States operations and policy on illegal drug law enforcement. In the furtherance of that responsibility, the Board d to- i h ze or shall have the responsibility, and is aut (1) review, evaluate and develop United States Government policy, strategy an resources with respect to illegal drug law enforcement efforts, including budgetary priorities and a National and International Drug Law Enforcement Strategy; (2) facilitate coordination of all United States Government efforts to halt national and international trafficking in illegal drugs; and necessary imple- ment (3) coordinate United States epolicy~with respect evaluation illegal drug law enforcet. (b) Duties of Chairman the activities of the several departments and ti di ng na For the purpose of coor agencies with responsibility for drug law enforcement-and implementing the determi- nations of the Board, it shall be the duty of the Chairman- . (1) to advise the Board in matters concerning drug law enforcement; (2) to make recommendations to the Board for the coordination of drug enforcement activities; (3) to correlate and evaluate intelligence and other information on drug law enforcement to support the activities of the Board; (4) to act as primary advisor to the President and Congress on national and international illegal drug law enforcement programs and policies developed by the Board under subsection (a) of this section and the implementation thereof; and (5) to perform such other duties as the President may direct. (c) Authority of Chairman In carrying out responsibilities under this section, the Chairman, on behalf of the Board, is authorized to- such (1) direct, with the concurrence of the head of the agency employing personnel, the assignment of Government personnel within the United States Government in order to implement United States policy with respect to illegal drug law enforcement; . (2) provide guidance in the implementation and maintenance of policy, strate- gy, and resources developed under subsection (a) of this section; (3) review and approve the reprogramming of funds relating to budgetary priorities developed under subsection (a) of this section; (4) procure temporary and intermittent services under section 3109(b) of Title 5, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for the grade of GS-18 of the General Schedule; (5) accept and use donations of property from all Government agencies; and (6) use the mails in the same manner as any other department or agency of the executive branch. (d) Non-interference with operations of other agencies 'Notwithstanding the authority granted in this section, the Board and the Chairman (shall not interfere - with routine law enforcement or intelligence decisions of any '-agency and shall undertake no activity inconsistent with the authorities and responsi-. bilitiea of the Director of Central Intelligence under the provisions of the National Security_Act of 1947, as amended, or Executive Order 12333. Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200250018-0 STAT Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200250018-0 100TH CONGRESS 1ST SESSION S*789 To provide the framework necessary to pursue a coordinated and effective national and international narcotics control policy. IN THE SENATE OF THE UNITED STATES MARCH 19 (legislative day, MARCH 17), 1987 Mr. BIDEN (for himself, Mr. DECONCINI, Mr. CHILES, Mr. BYRD, Mr. NUNN, Mr. LEAHY, Mr. KERRY, Mr. HEFLIN, Mr. METZENBAUM, Mr. MOYNIHAN, Mr. DODD, Mr. PRYOR, Mr. FORD, MS. MIKULSKI, Mr. MELCHER, Mr. MATSU- NAGA, Mr. BINGAMAN, Mr. ROCKEFELLER, Mr. SASSER, Mr. KENNEDY, Mr. LEVIN, Mr. PELL, Mr. SIMON, Mr..HOLLINGS, Mr. MITCHELL, Mr. GRAHAM, Mr. CRANSTON, Mr. INOUYE, Mr. FOWLER, and Mr. LAUTEN- BERG) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide the framework necessary to pursue a coordinated and effective national and international narcotics control policy. 1 Be it enacted. by the Senate and House of Representa- 2 tines of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the "National Narcotics Lead- 5 ership Act of 1987". Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200250018-0 n Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200250018-0 1 SEC. 2. FINDINGS AND PURPOSE. 2 (a) FINDINGS.-The Congress hereby makes the follow- 3 ing findings: (1) The flow of narcotics into the United States is 5 a major and growing problem. (2) The problem of illegal drug activity and drug 7 abuse falls across the entire spectrum of Federal activi- ties, both nationally and internationally. (3) Illegal drug trafficking is estimated to be a 10 $100,000,000,000 a year industry in the United 11 States. 12 (4) The annual consumption of heroin in the 13 United States remains in the range of four metric tons, 14 sustaining one-half a million addicts, while cocaine con- 15 sumption has increased sharply, with approximately 16 five million to six million Americans using cocaine 17 regularly. 18 19 (5) Drug abuse poses a threat to our most pre- cious resource, our young people; with almost two- 20 thirds of the graduating high school class of 1985 21 having used an illicit drug and 17 percent having used 22 cocaine, the highest rate ever recorded since the 23 survey has been taken. 24 (6) Such significant indicators of the drug problem 25 as drug-related deaths, emergency room visits, hospital Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200250018-0 Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200250018-0 2 3 s 4 5 6 7 8 a 9 d 10 11 ,e 12 ,, 13 1- 14 Y 15 ae 16 17 18 19 20 3d 21 _ie 22 23 m 24 ;al 3 admissions due to drug-related incidents, and addic-O'on rates are soaring. (7) Increased drug trafficking is strongly linked to violent, addiction-related crime and studies have shaawn that over 90 per centum of heroin users rely upon criminal activity as a means of income. (8) Much of the drug trafficking is handled by sy- dicates which results in increased violence and criminal activity because of the competitive struggle for control of the domestic drug market. (9) Any effective solution to the Nation's drug problem must involve a comprehensive approach from all levels of government, combining rigorous law en- forcement and supply reduction initiatives with efforts to reduce the demand for drugs through education, re- search, and treatment. (10) The magnitude and scope of the problem re- quires a Director of National Drug Control Policy with the responsibility for the coordination and direction of all Federal efforts by the numerous agencies. (11) Such a director must have broad authority and responsibility for making management, policy, and budgetary decisions with respect to all Federal ag(,n- cies involved in attacking this problem so that a unified Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200250018-0 Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200250018-0 4 1 and`,-efficient effort can be made to eliminate the illegal 2 drug, problem. 3 (b) PURPOSE.-It is the purpose of this Act to ensure- 4 (1) the development of a national policy with re- 5 spect to drug abuse and control; 6 -.(2) proper direction and coordination of all Feder- 7 al -.agencies involved in the effort to implement such a 8 policy; and 9 (3) that a single, competent, and responsible high- 10 level official of the United States Government, who is 11 appointed by the President, by and with the advice and 12 consent of the Senate, and who is accountable to the 13 Congress and the American people, will be charged 14 with the responsibility of coordinating the overall direc- 15 tion of United States policy, resources, and operations 16 with respect to drug control and abuse. 17 SEC. 3. ESTABLISHMENT OF OFFICE. 18 (a) ESTABLISHMENT OF OFFICE.-There is established 19 in the executive branch of the Government an office to be 20 known as the "Office of the Director of National Drug Con- 21 trol Policy" (hereafter in this Act referred to as the "Office of 22 the Director"). 23 (b) DIRECTOR AND DEPUTY DIRECTORS.-(1) There 24 shall be at the head of the Office of the Director, a Director Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200250018-0 Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200250018-0 5 al 1 of National Drug Control Policy (hereafter in this Act re- 2 ferred to as the "Director"). 3 (2) There shall be two deputy. directors of the Office of e- 4 Director (hereafter in this Act referred to as the "Deputy 5 Directors") as follows: 6 (A) A Deputy Director for Demand Reduction to 7 be responsible for prevention, treatment, research, and 8 private sector initiatives; and h- 9 (B) A Deputy Director for Drug Law Enforce- 10 ment to be responsible for domestic drug law enforce- ad 11 ment, border interdiction, and international narcotics ~e 12 control programs. ed 13 The Deputy Directors shall assist the Director in carrying 14 out the Director's functions under this Act. ns 15 SEC. 4. APPOINTMENT AND DUTIES OF THE DIRECTOR AND 16 DEPUTY DIRECTORS. 17 (a) . APPOINTMENT.-(1) The Director and the Deputy ed 18 Directors shall be appointed by the President, by and with be 19 the advice and consent of the Senate. ,n- - 20 (2) The Director and the Deputy Directors shall each of 21 serve at the pleasure of the President. No person may serve 22 as Director or a Deputy Director for a period of more than ;re 23 four years unless such person is reappointed to that same ,or 24 office by the President, by and with the advice and consent of 25 the Senate. No person shall serve as Director or a Deputy Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200250018-0 Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200250018-0 6 1 Director while serving in any other position in the Federal 2 Goverment. 3 (3) The Director shall be entitled to the compensation 4 provided for in section 5312 of title 5, United States Code. 5 The Deputy Directors shall be entitled to the compensation 6 provided for in section 5314 of title 5, United States Code. 7 (b) FUNCTION OF DIRECTOR.-The Director shall serve 8 as the principal director and coordinator of United States op- 9 erations and policy on drug control and abuse. 10 (C) RESPONSIBILITIES OF DIRECTOR.-The Director 11 shall have the responsibility, and is authorized to- 12 (1) develop, review, implement, and enforce 13 United States Government policy with respect to drug 14 control and abuse; 15 (2) direct and coordinate all United States Gov- 16 ernment efforts to halt the importation, manufacture, 17 distribution, and use of illicit drugs within the United 18 States; 19 (3) direct and coordinate all United States Gov- 20 ernment efforts and programs to reduce the demand for 21 illicit drugs through education, prevention, research 22 and treatment; 23 (4) develop in concert with other governmental 24 entities budgetary priorities and budgetary allocations Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200250018-0 Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200250018-0 7 1 of entities of the United States Government with re- ,al 2 spect to drug control and abuse; 3 (5) prepare a National and International Drug Dn 4 Control Strategy as provided in section 5; and le. 5 (6) coordinate the collection and dissemination of 6 information necessary to implement United States le. 7 policy with respect to drug control and abuse. 8 (d) POWERS OF DIRECTOR.-In carrying out his re- ip- ted 3v- for 'rch ins 9 sponsibilities under subsection (c) the Director is authorized 10 to- 11 (1) direct, with the concurrence of the Secretary 12 or Director of the Cabinet level agency employing such 13 personnel, the temporary reassignment of Government 14 personnel within the United States Government . in 15 order to implement United States policy with respect 16 to drug control and abuse; 17 (2) procure temporary and intermittent services 18 under, section 3109(b) of title 5 of the United States 19 Code, but at rates for individuals not to exceed the 20 daily equivalent of the maximum annual rate of basic 21 pay payable for the grade of GS-18 of the General 22 Schedule; 23 (3) accept and use donations of property from all 24 Government agencies; and Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200250018-0 n Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200250018-0 L~J 1 (4) use the mails in the same manner as any other 2 department or agency of the Executive Branch. 3 (e) AUTHORITY OF DIRECTOR.-Notwithstanding any 4 other provision of law, the Director shall have the authority 5 to direct each department or agency with responsibility for 6 drug control to carry out the policies established by the Di- 7 rector consistent with the general authority of each agency or 8 department. 9 (f) INTELLIGENCE AUTHORITY.-Notwithstanding any 10 other provision of law, the Director shall undertake no activi- 11 ties inconsistent with the authorities and responsibilities of 12 the Director of Central Intelligence under the provisions of 13 the National Security Act of 1947, as amended, or Executive 14 Order 12333. 15 (g) GENERAL SERVICES ADMINISTRATION SUP- 16 PORT.-The Administrator of General Services shall provide 17 to the Director on a reimbursable basis such administrative 18 support services as the Director may request. 19 SEC. 5. PREPARATION AND SUBMISSION OF; NATIONAL AND 20 INTERNATIONAL DRUG CONTROL STRATEGY 21 , (a) DEVELOPMENT AND SUBMISSION OF THE DRUG 22 STRATEGY.-(1) The Director shall submit to the Congress, 23 within 180 days after the date of enactment of this Act, and 24 on February 1st of each year thereafter, a full and complete 25 National and International Drug Control Strategy (hereafter d in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200250018-0 Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200250018-0 JULY 6, 1988 H.R. 4916, As ORDERED REPORTED BY THE COMMITTEE ON-THE JUDICIARY ON JUNE 30, 1988 AMENDMENT IN THE NATURE OF A SUBSTITUTE, INCORPORATING ALL- AMENDMENTS AGREED TO BY THE COMMITTEE ON THE JUDICIARY [NOTE: THIS DOCUMENT HAS NOT BEEN TECHNICALLY CORRECTED,] Strike out all after the enacting clause and insert in lieu thereof the following: Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200250018-0 Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200250018-0 ER4916A 1 Section 1956(a) of title 18, United States Code, is 2 amended by adding at the end the following: 3 (3) Whoever knowingly conducts or attempts to conduct a 4 financial transaction that in whole or in part involves the 5 proceeds of specific unlawful activity with intent to violate 6 section 7201 or 7206 of the Internal Revenue Code of 1986 7 shall be sentenced to a fine under this title or in an amount 8 not more than twice the value of the monetary instrument or 9 funds involved in the transaction, whichever is greater, or 10 imprisonment for not more than 20 years, or both.". 11 TITLE VI--DRUG,CZAR-\ 12 SEC. 601. ESTABLISHMENT OF. OFFICE. 13 (a) ESTABLISHMENT OF OFFICE.--There is established in the 14 Executive Office of the President an office to be known as 15 the '*Office of Anti-Drug Operations and Policy" (hereafter 16 in this title referred to as the '*Office".). 17 (b) DIRECTOR AND DEPUTY DIRECTORS.--(1) There shall be at 18 the head of the Office a Director (hereafter in this title 19 referred to as the "Director"). 20 (2) There shall be two deputy directors of the Office 21 (hereafter in this title referred to as the "Deputy 22 Directors") as follows: 23 (A) A Deputy Director for D4mand Reduction to be 24 responsible for prevention, treatment, research, and 25 private sector initiatives; and Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200250018-0 Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200250018-0 ER4916A 1 (B) A Deputy Director for Drug Law Enforcement to be 2 responsible for domestic drug law enforcement, border, 3 aerial, and maritime interdiction, and international narcotics control programs. The Deputy Directors shall.assist the Director in carrying' 6 out the Directors functions under this title. 7 SEC. 602. APPOINTMENT AND DUTIES OF THE DIRECTOR AND OTHER 8 PERSONNEL OF THE OFFICE. 9 (a) APPOINTMENT.--(1) The Director and the Deputy 10 Directors shall be appointed by the President, by and with 11 the advice and consent of the Senate. (2) The Director and the Deputy Directors shall each 13- serve at the pleasure of the President. No person shall serve 15 as Director or a Deputy Director while serving in any other position in the Federal Government. 16 (b) FUNCTION OF DIRECTOR.--The Director shall serve as 17 the principal director and coordinator of United States 18 operations and policy on drug control and abuse. 19 (c) RESPONSIBILITIES OF DIRECTOR.--The Director shall 20 have the responsibility, and is authorized to-- 21 (1) develop, review, implement, and enforce United 22 States Government policy with respect to drug control and 23 abuse; 24 (2) direct and coordinate all United States 25 Government efforts to halt the importation, manufacture, Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200250018-0 Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200250018-0 ER4916A 50 1 distribution, and use of illicit drugs within the United 2 States; 3 (3) direct and coordinate all United States 4 Government efforts and programs to reduce the demand for 5 illicit drugs through education, prevention, research and 6 treatment; 7 (4) develop in concert with other governmental 8 entities budgetary priorities and budgetary allocations 9 of entities of the United States Government with respect 10 to drug control and abuse; 11 (5) prepare a National and International' Drug Control 12 Strategy as provided in section 703; and 13 (6) coordinate the collection and dissemination of 14 information necessary to implement United States policy 15 with respect to drug control and abuse. 16 (d) POWERS OF DIRECTOR.--In carrying out responsibilities 17 under subsection (c) the Director is authorized to-- 18 (1) employ and prescribe the functions of such 19 additional officers and employees, including attorneys, 20 as are necessary to perform such responsibilities; 21 (2) direct the temporary reassignment of Government 22 ? personnel within the United States Government in order to 23 implement United States policy with respect to drug 24 control and abuse; 25 (3) procure temporary and intermittent services under Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200250018-0 Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200250018-0 EER4916A 1 section 3109(b) of title 5 of the United States Code, but 2 at'-rates for individuals not to exceed the daily 3 equivalent of the maximum annual rate of basic pay 4 payable for the grade of GS-18 of the General Schedule; 5 (4) accept and use donations of property from all 6 Government agencies; and 7 (5) use the mails in the same manner as any other 8 department or agency of the executive branch. 9 (e) AUTHORITY OF DIRECTOR.--Notwithstanding any other 10 provision of law, the Director shall have the authority to 11 direct each department or agency with responsibility for drug 12 control to carry out the policies established by the Director 13 consistent with the general authority of each agency or 14 department. 15 (f) INTELLIGENCE AUTHORITY.--Notwithstanding any other 16 provision of law, the Director shall undertake no activities 17 inconsistent with the authorities and responsibilities of the 18 Director of Central Intelligence under the National Security 19 Act of 1947 or Executive Order 12333. 20 (g) GENERAL SERVICES ADMINISTRATION,SUPPORT.--The 21 Administrator of General Services shall provide to the 22 Director on a reimbursable basis such administrative support 23 services as the Director may request. 24 (h) ACCESS BY CONGRESS.--The location of the Office in 25 the Executive Office of the President does not affect access Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200250018-0