DRUG BILL AS PASSED BY CONGRESS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89T00234R000200260006-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 27, 2016
• Document Release Date: January 3, 2013
• Sequence Number: 6
• Publication Date: November 2, 1988
• Content Type: MEMO

t?-
Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200260006-2
2 November 1988
OCA 3641-88 -
MEMORANDUM FOR: (SEE DISTRIBUTION)
FROM: Legislation Division
Office of Congressional Affairs
SUBJECT: Drug Bill As Passed by Congress
1. Attached is H.R. 5210 (the "Anti-Drug Abuse Act of
1988"), the omnibus,, anti-drug bill as passed by the Congress
on 21 October 1988 and printed in the Congressional Record of
that date (pp. H11108 - .11227). Provisions of interest are as
follows.
"Drug Czar" - Title -I
2. Title I of the bill (Sections 1001-1012) creates the
position of "Director of National.Drug Control Policy" (D/NDCP),
commonly referred to as the "drug czar."
3. Cabinet Rank and NSC Advisor. Section 1002 provides
that the D/NDCP shall have a "supply reduction deputy" and a
"demand reduction deputy" and a "state and local affairs"
deputy. All four are to be appointed by the President and
confirmed by the Senate. The next President will appoint the
first D/NDCP and his deputies. The D/NDCP enjoys Cabinet rank
and, while not a member of the National Security Council, may
attend NSC meetings at the President's direction in his
capacity as principal advisor on national drug control policy.
4. The Office of National Drug Control Policy (ONDCP) is
to be located in the Executive Office of the President.
Section 1002(d) provides that location of the ONDCP in the
Executive Office shall in no way reduce Congressional access to
information in the ONDCP's possession.
5. D/NDCP Is A "Weak Czar." The D/NDCP is much closer to
the "weak czar" model of prior legislation rather than the
"strong czar" model. In fact, he is even "weaker" than some of
STAT
Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200260006-2
 Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200260006-2
the earlier "weak" czar models. His principal duties are to
promulgate annually the "National Drug.Control Strategy" and to
coordinate and oversee the efforts thereunder by "National Drug
Control Program (NDCP) agencies" (Sections 1003(b), 1005). In
the Strategy, the D/NDCP assigns NDCP agencies annual
responsibilities in the anti-drug effort. They, in turn, submit
to him annually a budget request to meet those responsibilities.
He uses those requests to prepare the annual National Drug
Control Program budget and transmit it to the President and the
Congress.
6. In contrast to the "strong czar" of prior bills,
however, the D/NDCP cannot modify an NDCP agency's budget but
can only make a "certification" as to whether it is adequate to
meet an agency's responsibilities under the Strategy
(Section 1003(c)). Similarly, the D/NDCP cannot reallocate
NDCP agency personnel or modify their policies or budgets. He,
can only make recommendations to the President on these
subjects (Section 1003(b)(4)). He may obtain personnel from
other federal agencies only with the agency head's concurrence
but, once assigned, may write their performance evaluation and
make performance awards to them. (Section 1003(d),(e)).
7. D/NDCP Controls Only "NDCP Agencies." Even these
limited powers cannot be exercised by the D/NDCP over all
federal agencies but only over NDCP agencies. Not all federal
agencies are NDCP agencies: only those so. designated by the
President or jointly by the D/NDCP and the agency head
(Section 1010(6)). Thus, in contrast to prior legislation in
this area, neither the Central Intelligence Agency or other
entities in the Intelligence Community come automatically under
the czar. They will become NDCP agencies and thus directly
subject to the czar only if the President so directs or the
"drug czar" and the Director of Central Intelligence agree.
One response to concerns about an intrusive future D/NDCP might
be to designate only parts of the Agency or the Intelligence
Community as NDCP agencies. It is not clear from the
legislation, however, whether a portion of an agency or
selected agency functions could be designated..
8. DCI Programmatic/Fiscal/Budgetary Protections Vis A Vis
D/ONDC. In addition to all of the above general limitations on
the D/NDCP, Section 1004(a)(2) of the bill specifically limits
his activities with respect to the Director of Central
Intelligence (DCI) and the Intelligence Community.
Section 1004(a)(2) provides that the D/NDCP shall exercise his
powers and duties "consistent with" the National Security Act
of 1947. This provision is intended to preserve the DCI's
programmatic and budgetary autonomy that flows from the 1947
Act. Moreover, although Section 1004 (a) (2) does not
Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200260006-2
 Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200260006-2
specifically mention Executive Order 12333 and the DCI's
authorities thereunder, an argument can be made that those
powers and duties are also encompassed by the "consistent with"
caveat of Section 1004(a)(2) since the Executive Order is
promulgated in part under authority of the 1947 Act.
9. DCI Information Protection Authorities Vis A Vis D/ D P.
Section 1002(a) also provides that the DCI shall prescribe such
regulations as may be necessary to protect intelligence
information. This is intended to provide a mechanism by which
the DCI can protect intelligence information furnished to the
D/NDCP. It is in addition to the more general limitation on
the D/NDCP's information-acquisition powers contained in
Section 1002(a)(1). That section provides those powers are
"subject to laws governing disclosure of information." This
limitation would include the laws governing the disclosure of
intelligence information.
10. Taken together., these provisions appear to give the
DCI and the Intelligence Community a great deal of flexibility
in dealing with the D/NDCP when he is finally selected. In
practice, much will obviously depend on who is selected for
D/NDCP, how the office is constituted and how much Presidential
support the D/NDCP enjoys. We understand there is discussion
of promulgating an Executive Order as a D/NDCP "charter." The
relationship between the D/NDCP and the Intelligence Community
would likely be set out in such a document. A final decision
.on the matter, however, would not likely be made by this
Administration.
11. Abolition of Existing Federal Anti-Drug Structures.
Section 1007 of the Act provides that thirty days after the
first D/NDCP is confirmed by the Senate, the Drug Policy Board
and the White House Office of Drug Abuse Policy are terminated
(with the Board's records going to the D/NDCP) and the National
Narcotics Act of 1984 is repealed.
12. Sunset Provision. Section 1009 provides that five
years after the date of enactment, Title I is repealed. In
effect, this means the entire D/NDCP structure will. go out of
existence in five years unless specifically reauthorized by the
Congress.
Foreign Relations - Title IV
13.. Title IV deals generally with international narcotics
matters.
Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200260006-2
 Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200260006-2
14. Latin American Regional Anti-Narcotics Ford.
Subtitle B of Title III contains provisions prodding the
Administration to establish a multi-lateral Latin American
anti-narcotics. strike force.
15. Funding Restrictions On Individual Drug-Producing &
prug-Transiting Countries. Subtitle D conditions certain
United States aid to selected drug producing and drug-
transiting countries and levies new Congressional reporting
requirements with respect to others. The countries involved
include: Boliva (Section 4302); Peru (Section 4303); Mexico
(Section 4304); Columbia (Section 4305), Pakistan (Section
4306); Afghanistan (Section 4308) and Laos (Section 4309).
None of these restrictions involve intelligence activities.
16. Reporting Requirements Tightened. Subtitle E tightens
the procedures for making various narcotics-related foreign
assistance certifications to the Congress.
17. Miscellaneous Provisions. Subtitle F contains
miscellaneous narcotics provisions.
18. Department of State Provisions. Subtitle G contains
various narcotics provisions related to activities of the
Department of State. Section 4601 makes the Secretary of State
responsible for "coordinating" all United States government
anti-narcotics foreign aid but excludes any intelligence
activities (This parallels a provision related to the
Department's role in anti-terrorism assistance). Section 4603
denies passports to certain convicted.drug dealers. Section
4604 requires selected federal agencies to participate in a
program to develop machine-readable visas. Section 4605
requires the Department to step up its work in the drafting and
execution of anti-drug extradition and mutual legal assistance
treaties and model anti-drug laws for use by foreign
countries. Section 4607 is a sense-of-Congress statement, that
more Drug Enforcement Agency (DEA) agents ought to be assigned
overseas.
19. International Banking Matters.. Subtitle H deals with
international banking matters and includes provisions prodding
the Secretary of State to negotiate a tougher money-laundering
treaty with major foreign banking nations.
20. Intelligence Community Anti-Narcotics Role.
Subtitle F is a sense of the Congress resolution that the
Intelligence Community should become more involved in efforts
to combat illicit international drug trafficking. This version
deleted a reference to the use of covert action to combat
narcotics trafficking that had been contained in the original
House-passed provision.
Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200260006-2
 Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200260006-2
"Drug-Free Workplace" - Title V
21. Subtitle D of Title V contains the so-called
"drug-free workplace" provisions, Section 5152 (contracts) and
Section 5153 (grants), that were discussed in previous
memoranda.
Title VI
22. Intelligence Community R&D Centers. The attached
version of the bill as,printed in Congressional Record
mistakenly included two versions of the so-called Intelligence
Community R&D Centers provision ("Use of Existing Federal
Research and Development Facilities for Civilian Law
Enforcement"): Section 6163 and Section 7605.. The latter
contains the.language in subsection (d) stating that the
provision gives the General Accounting office no more access to
Intelligence Community facilities than it otherwise would have.
We had worked with the intelligence committees to have this
language included in the bill. We understand that the final
version of the bill as transmitted to the President will
contain only the Section 7605 version of the provision.
21. Domestic Money-Laundering Provisions. Subtitle E of
Title VI contains various provisions that attempt to impede
money-laundering by imposing new reporting requirements on
financial institutions with respect to certain currency and
coin transactions. Section 6184 extends various provisions of
the Bank Secrecy Act to "bank-like" institutions.
22. Right to Financial Privacy Act Amendments.
Section 6186 of the bill amends the Right to Financial Privacy
Act to allow bank regulatory agencies to furnish to law
enforcement agencies for law enforcement/prosecutive purposes
records compiled in the course of regulatory activities that
indicate the commission of a federal crime.
23. Unauthorized Possession of Firearms in Federal
Facilities. Section 6215 contains a,provision prohibiting the
unauthorized possession of firearms in federal facilities and
requiring the posting of appropriate notices at such facilities.
24. Miscellaneous Personnel Benefits For Justice
Personnel. Section 6281 authorizes the extension to personnel
of the Department of Justice stationed overseas the benefits
currently enjoyed by similarly situated members of the Foreign
Service as contained in selected provisions of Section 901 of
the Foreign Service Act of 1980. These benefits are currently
enjoyed to varying degrees by employees of Intelligence
Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200260006-2
 Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200260006-2
Community agencies. Section 6401 authorizes the payment of
bonuses of up to 25% of base pay to employees of the Federal
Bureau of Investigation and the Drug Enforcement Administration
who use a language other than English in the performance of
their duties.
25. Notice of "CIA Defense". Section 6483 of the bill
amends the Federal Criminal Rules of Procedure to..require a
federal criminal defendant to give pretrial notice of an
intention to assert the affirmative "public authority" defense
that he acted on behalf of an intelligence agency, i.e., the
so-called "CIA defense". This provision is similar to one the
Intelligence Community sought to have presented to the Congress
several years ago.
26. Crimes Against Intelligence Community Employees/
Officials. Currently, the provisions of .18 U.S.C. ?1114 make
it a crime to kill designated federal employees officials.
Among those so designated are officers and employees of
Intelligence Community agencies. Section 6487 of the bill
expands this protection by adding to the list of prohibited
acts attempts to resist, oppose, impede, intimidate or interfere
with such persons in the performance of. their official duties.
It extends these protections to persons who suffer such acts
because they formerly occupied the designated positions and to
persons who suffer such acts because they are an immediate.
family member of a person who occupies or occupied a designated
position.
Title VII - Additional Miscellaneous Provisions
27. Obstruction of a Federal Audit. Section 7078 makes it
a crime to obstruct "with intent to deceive or defraud the
United States" a person "employed on a full- or part-time or
contractual basis to perform an audit or quality assurance
inspection for or on behalf of the United States". We defer to
the Offices of General Counsel and Inspector General as to
whether this encompasses Agency Inspector General audits.
28. Locksmithing Devices. Section 7090 restricts the
mailability of locksmithing devices.
29. Pen Registers ,& Trap/Trace Devices. Section 7091
appears to loosen certain restrictions governing use of these
devices.
Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200260006-2
 Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200260006-2
Provisions Deleted From Final Bill
30. Alexander "Anti-Stonewalling Act" Amendment. The
modified version of this provision that was contained in the
House-passed bill was dropped from the final bill.
31. Justice Admission of Aliens Authority. The Senate
version of the bill had contained authority for the Department
of Justice to admit to permanent resident alien status certain
aliens participating in the Alien Witness Cooperation Program.
This provision was dropped from final version of the bill.
32. Please call us if you have any questions. We will
advise you when the President acts on the bill as well as the
status of any technical changes in the version transmitted to
him for action.
Distribution:
Original - OCA Records
1 - D/OCA
1 - DDL/OCA
1 - DDA
(1 November 1988)
General Counsel
Inspector General
Comptroller
EA/DS&T
EA/DDI
SA/DDO.
D/OL
NIO/N
C/LA/DO (w/out attachment)
C/EPS,[=DO
DGC/IO/OGC
DGC/AS/OGC
DGC/Lit&ICA/OGC
C/L&PLD/OGC
C/Lit/OGC
DC/Lit/OGC
OGC
OCA/Leg/Subject File: Narcotics
Signer
OCA Read
STAT
STAT
STAT
STAT
STAT
Declassified in Part - Sanitized Copy Approved for Release 2013/01/03: CIA-RDP89T00234R000200260006-2