SENATE BIPARTISAN DRUG BILL - S. 2852

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• Collection: General CIA Records
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• Release Decision: RIPPUB
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• Document Page Count: 5
• Document Creation Date: December 27, 2016
• Document Release Date: August 24, 2012
• Sequence Number: 23
• Publication Date: October 5, 1988
• Content Type: MEMO

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MEMORANDUM FOR: DDA
General Counsel
Comptroller
D/OL
NIO/Narcotics
FROM:
DGC/IO/OGC
DGC/AS/OGC
C/L&PLD/OGC
5 October 1988
OCA 3340-88
OCA FILE
STAT
Legislation Division STAT
Office of Congressional Affairs
SUBJECT: Senate Bipartisan Drug Bill - S. 2852
1. On 3 October 1988, the Senate bipartisan omnibus,
anti-drug bill was introduced: S. 2852, the "Omnibus Anti-
Substance Abuse Act of 1988." Copies of the bill and its
accompanying section-by-section analysis are attached.
2. The Senate would like to take up S. 2852 as soon as
possible. Consideration remains stalled, however, over the
procedures for scheduling controversial amendments (e.g., death
penalty). As of this date, no resolution has been reached. The
situation is very fluid, however, and events could move very
quickly if the impasse is broken.
3. Provisions of interest are discussed as follows.
Drug Czar
4. S. 2852's drug czar provisions are found in Sections 1001
- 1015. The S. 2852 czar, styled the "Director of National Drug
Control Policy" (D/NDCP), is given Cabinet rank and made a member
of the National Security Council. The Central Intelligence Agency
and all agencies of. the Intelligence Community are denominated as
"National Drug dontrol Program agencies", thereby bringing them
under the bill's jurisdiction.
5. The D/NDCP is responsible for preparing the National Drug
Control Strategy. Be is to assign roles for each agency under the
Strategy and may direct them to comply, subject to a right of
appeal to the President. He is to "direct and coordinate" drug
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supply reduction efforts, including intelligence. He is also to
prepare the "(C)onsolidated National Drug Control Program
(B)udget" and present it to the President for submission to
Congress.
6. Budget Authorities. The D/NDCP prepares this budget by
requiring each agency (down to the program manager level) with
responsibilities under the Strategy to submit to him the
corresponding part of its budget prior to its submission to their
superiors and before its submission to the Office of Management
and Budget (OMB). The D/NDCP may then approve or revise those
requests. He may also reprogram funds between programs up to a.
five percent ceiling. Agency heads have a right of appeal to the
President.
7. This statutory language, however, is conditioned by the
following language in the section-by-section analysis:
This (budget) process is not, however, intended to give
the Director dictatorial authority over the budgets of other
agencies. Rather, the Director is instructed to develop, in
consultation and cooperation with other agencies and
departments, a consolidated budget that reflects and implements
the priorities and policies set forth in the ... Strategy.
When developing the budgets of programs included in the
National Foreign Intelligence Program, the Director shall
consult not only with the agency involved but with the
Director of Central Intelligence as well. (emphasis added)
8. Personnel Authorities. The D/NDCP may obtain personnel
from aaencies only with the agency head's concurrence. however,
in an effort to make service with the D/NDCP attractive, Section
1006(f) provides that detailing agencies shall give preference in
promotions to their personnel previously detailed to the D/NDCP.
9. Intelligence Information Protection Provision.
Section 1007(a)(2) authorizes the Director of Central Intelligence
(DCI) to promulgate regulations to protect sources and methods of
intelligence information provided to the D/NDCP.
10. As expected, absent from the bill is the provision in
current law which protects the Director of Central Intelligence's
(DCI) special authorities vis a vis the Drug Policy Board.
11. The Drug Policy Board (National Drug Enforcement Policy
Board) is terminated. On the other hand, there is a five year
"sunset" provision for the D/NDCP itself, i.e., all of the
provisions of the bill related to "drug czar" expire five years
after enactment and would have to be specifically reenacted in
order to remain effective thereafter.
2
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R&D Facilities
12. Section 2989 of the bill carries over ,intact the
provisions of Section 4501 of an earlier draft of the Senate bill.
This section denominates Central Intelligence Agency and National
Security Agency research and development (R&D) facilities as being
part of a group of federal R&D facilities to be included in a plan
to assist federal anti-drug law enforcement efforts. It also
gives the General Accounting Office (GAO) oversight of the
process. We are working with the Administration to address our
concerns with the provision.
Other Provisions
13. The foreign affairs provisions of the House-passed bill,
H.R. 5210, were incorporated into S. 2852 (Title IV). The
drug-free workplace provisions of H.R. 5210 were also incorporated
with a modification relating to law enforcement activities
(Sections 5201-09). Also included are various miscellaneous law
enforcement amendments (Sections 2601 - 2765). Of particular
interest in this regard are amendments relating to use of pen
registers for law enforcement purposes (Section 2696) and the
admission by the Department of Justice to permanent residence of
fifty aliens per year in connection with the Alien Witness
Cooperation Program (Section 2756). Also of interest is an
amendment to the Federal Rules of Criminal Procedure relating to
the manner in which the "public authority" defense is claimed by
criminal defendants in matters involving intelligence agencies
(Section 2757).
14. Please contact us if you have any questions.
Attachments
As stated
OCA/LEG/
Distribution:
Original -Addressees
1 - D/OCA
1 - DEL/OCA
_1 -
- OCA Records
1- OCA/Leg/Subject File: Narcotics
1 - Signer
1 - OCA Read
STAT
(27 September 1988) STAT
OGC
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STAT
STAT
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Uctober3 188 CONGRESSIONAL RECORD SENATE S 14115
REPORTS OF COMMITTEES
The following reports of committees
were submitted:
By Mr. BURDICK, from the Committee
on Environment and Public Works, without
amendment:
S. 2853. An original bill to amend the Safe
Drinking Water Act and the Federal Insecti-
cide, Fungicide and Rodenticide Act to pro-
tect ground water resources from contami-
nation by pesticides, to transfer the liability
for pesticide damages in certain circum-
stances from the user to the registrant, and
to preserve the authority of State govern-
ments to establish standards for pesticide
residues in food (Rept. No. 100-583).
By Mr. HOLLINGS, from the Committee
on Commerce, Science, and Transportation,
with an amendment in the nature of a sub-
stitute:
S. 2746. A bill to amend the Federal Avia-
tion Act of 1958 relating to aviation re-
search (Rept. No. 100-584).
By Mr. HOLLINGS, from the Committee
on Commerce, Science, and Transportation,
without amendment:
S. 2777. A bill to authorize a certificate of
documentation for the vessel Gipsy (Rept.
No. 100-585).
H.R. 2032. A bill to authorize the convey-
ance of the Liberty ship PROTECTOR
(Rept. No. 100-586).
By Mr. LEAHY, from the Committee on
Agriculture, Nutrition, and Forestry, with-
out amendment:
H.R. 2835. A bill to direct the Secretary of
Agriculture to release certain restrictions on
a parcel of land located in Henderson, Ten-
nessee.
By Mr. BURDICK, from the Committee
on Environment and Public Works, without
amendment:
H.R. 4365. A bill to designate the Sunder-
land National Salmon Station boated in Sun-
derland, Massachusetts, as the "Richard
Cronin National Salmon Station".
By Mr. LEAHY, from the Committee on
Agriculture, Nutrition, and Forestry, with
an amendment in the nature of a substitute:
S. 2437. A bill to direct the Secretary of
Agriculture to release a reversionary inter-
est of the United States in certain land lo-
cated in Oktibbeha County, Mississippi,
INTRODUCTION OF BILLS AND
JOINT RESOLUTIONS
The following bills and joint resolu-
tions were introduced, read the first
and second time by unanimous con-
sent, and referred as indicated:
By Mr. NITNN (for himself, Mr. BYRD,
Mr. Dots, Mr. MOYNIHAN, Mr.
Rusatan, Mr. DAMATO, Mr. Wilson,
Mr. GRAMM, Mr. FOWLER, Mr. Bunn,
ERs, Mr. MURKOWSKI, Mr. TRIBLE,
Mr. THURMOND, Mr. GRAHAM, Mr.
LAUTENBEAG, Mr. CHILES, Mr. DECON-
CINI, Mr. Dixon, Mr. BENTSEN, Mr.
BINGAMAN, Mr. EXON, Mr. SASSER,
Mr. ROTH, Mr. RIEGLE, Mr. BREAUX,
Mr. SPECTER, Mr. CONRAD, Mr. GORE,
Mr. DASCHLE, Mr. HOLLINGS, Mr.
METZKNBAITM, Mr. QUAYLE. 41r.
Boscuivrrz, Mr. CHAF'EE, Mr. Cocx-
RAN, Mr. DOMEN/CI, Mr. GRAssLEY,
Mr. Hscu, Mr. HEINZ, Mr. KARNES,
Mr. MCCONNELL, Mr. PACKWOOD, Mr.
PRESSLER, Mr. Simpson, and Mr. STE-
VENS):
S. 2852. A bill to provide for an omnibus
Federal, State, and local effort against sub-
stance abuse, to provide for a cabinet-level
position to centralize and streamline Feder-
al activities with respect to both drug
supply?(interdiction and law enforce-
ment)?and drug demand (prevention, edu-
cation, and treatment), to expand Federal
support to ensure a long-term commitment
of resources and personnel for substance
abuse education, treatment, and rehabilita-
tion efforts, to strengthen and improve the
enforcement of Federal drug laws and en-
hance the interdiction of illicit drug ship-
ments, and for other purposes; placed on
the calendar.
By Mr. BURDICK from the Commit-
tee on Environment and Public
Works:
8.2853. An original bill to amend the Safe
Drinking Water Act and the Federal Insecti-
cide, Fungicide and Rodenticide Act to pro-
tect ground water resources from contami-
nation by pesticides, to transfer the liability
for pesticide damages in certain circum-
stances from the user to the registrant, and
to preserve the authority of State govern-
ments to establish standards for vesticide
residues in food; placed on the calendar.
By Mr. HATFIELD:
S. 2854. A bill to authorize the Environ-
mental Protection Agency to take certain
action to protect the environment; to miti-
gate water pollution; to reduce solid waste
and the cost in connection with the disposal
of such waste through recycling; and for
other purposes; to the Commis.sion on Com-
merce, Science, and Transportation.
By Mr. HEINZ:
S. 2855. A bill to designate Lock and Dam
7 on the Monongahela River in the Com-
monwealth of Pennsylvania the "Albert
Gallatin Lock and Dam"; to the Committee
on Environment and Public Works.
SUBMISSION OF CONCURRENT
AND SENATE RESOLUTIONS
The following concurrent resolutions
and Senate resolutions were read, and
referred (or acted upon), as indicated:
By Mr. DOLE for Mr. KARNES (for
himself and Mr. GRASSLEY):
S. Res. 484. A resolution to ensure corn
gluten exports to the European Community;
to the Committee on Finance.
By Mr. DOLE (for himself, Mr. ADAMS,
Mr ARMSTRONG, Mr. BAUCUS, Mr.
BEwTSEN, Mr. BIDER, Mr. BINGAMAN,
Mr. BO?rD, Mr. BOREN, Mr. BOSCH-
WITZ, Mr. BRADLEY, Mr. BREAUX, Mr.
BUMPERS, Mr. Buiuncx, Mr. CHAFEE,
Mr. Onus, Mr. COCHRAN, Mr.
COHEN, Mr. CONRAD, Mr. CRANSTON,
Mr. DAMATO, Mr. DANFORTH, Mr.
DASCHLE, Mr. DECONCLNI, Mr.
Dixon, Mr. DODD, Mr. DOMENIC', Mr.
DURENBERGER, Mr. Evans, Mr. Exon,
Mr. FOR), Mr. FOWLER, Mr. GARN,
Mr. GIXNN, Mr. GORE, Mr. GRAHAM,
Mr. GRAmm, Mr. GRASSLEY, Mr.
HARKIN, Mr. HATCH, Mr. HATFIELD,
Mr. HECHT, Mr. HEFLIN, Mr. HEINZ,
Mr. HELMS, Mr. HOLLINGS, Mr. HUM-
PHREY, Mr. INOUYE, MT. -JOHNSTON,
Mr: KARNES, Mrs. leASSEBAUM, Mr.
KASTEN, Mr. KENNEDY, Mr. KERRY,
Mr. LAUTENBERG, Mr. LEAHY, Mr.
LEVIN, Mr. LUCAS, Mr. MATSUNAGA,
Mr. MCCAIN, Mr. MCCLURE, Mr. MC-
CONNELL, Mr. MELCHER, Mr. Mrrz-
ENBAIJM, MS. MIKULSKI, Mr. MITCH-
ELL, Mr. MOYNIHAN, Mr. MURKOW-
sm. Mr. NICKLES, Mr. Nunn, Mr.
PACKWOOD, Mr. PEr.a., Mr. PRESSLER,
Mr. PROXMIRE, Mr. PRYOR, Mr.
QUAYLE, Mr. REID, Mr. RIEGEL, Mr.
ROCKEFELIXR, Mr. ROTH, Mr.
RUDMAN, Mr. SANFORD, Mr. SARBANES,
Mr. SASSER, Mr. SHELBY, Mr. SIMON,
Mr. SIMPSON, Mr. SPECTER, Mr. STAF-
FORD, Mr. STENNIS, Mr. STEVENS, Mr.
SYMMS, Mr. THURMOND, Mr. TRIBLE,
Mr. WALLOP, Mr. WAR/TER. Mr.
WEIGHER, Mr. WILSON, and Mr.
WLRTB):
S. Res. 485. A resolution commending
Robert C. Byrd for his exemplary service to
the United States Senate. the Congress, and
the people of the United States; considered
and agreed to.
By Mr. BYRD (for Mr. Housitcs (for
himself, Mr. Rinstr., Mr. Dawroani,
Mr. PRESSLER, Mr. WiRTH, Mr. Pow),
and Mr. GASH)):
S. Res. 486. A resolution to congratulate
the crew of the space shuttle Discovery on
the successful completion of its mission;
considered and agreed to.
By Mr. BOSCHWITZ:
S. Con. Res. 150. A concurrent resolution
concerning human rights of the Sikhs hi the
Punjab of India; to the Committee on For-
eign Relations.
STATEMENTS ON INTRODUCED
BILLS AND JOINT RESOLUTIONS
By Mr. NUNN (for himself, Mr.
BYRD, Mr. DOLE, Mr. MOYNI-
HAN, Mr. RUDMAN, Mr.
D'ArdAro, Mr. Witsoii, Mr.
GRAMM, Mr. FOWLER, Mr.
BUMPERS, Mr. MURKOWSKI, Mr.
TRIBLE, Mr. THURNIOND, Mr.
GRAHAM, Mr. LAUTENBERG, Mr.
CHILES, Mr. DECONCINI, Mr.
DIXON, Mr. BENTSEN, Mr.
BINGAMAN, Mr. EXON, Mr.
SASSER, Mr. ROTH, Mr. RIEGLE,
Mr. BREAUX, Mr. SPECTLH, Mr.
CoNrutn, Mr. GORE, Mr.
DASCHLE, Mr. HOLLLNGS, Mr.
METZ,ENBAUM, Mr. QUAYLE, Mr.
BOSCHWITZ, Mr. CHAFES,
COCHRAN, Mr. DomEract, Mr.
GRASSLEY, Mr. HATCH, Mr.
HECHT, Mr. HEINZ, Mr. KARNES,
Mr. MCCONNELL, Mr. PACK-
WOOD, Mr. PRESSLER, Mr. SIMP-
SON, and Mr. STEVENS):
S. 2852. A bill to?provide for an om-
nibus Federal, State, and local effort
against substance abuse, to provide for
a cabinet-level position to centralize
and streamline Federal activities with
respect to both drug supply?interdic-
tion and law enforcement?and drug
demand?(prevention, education, and
treatment)?to expand Federal sup-
port to ensure a long-term commit-
ment of resources and personnel for
substance abuse education, treatment,
and rehabilitation efforts, to strength-
en improve the enforcement of Feder-
al drug laws and enhance the interdic-
tion of illicit drug shipments, and for
other purposes; placed on the calen-
dar.
Statements on the introduction of
this legislation and a section-by-sec-
tion anaylsis of the bill appear else-
where in today's RECORD. The text of
the bill is as follows:
8.2852
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled,
SECTION I. SHORT TITLE.
This Act may be cited as the "Omnibus
Anti-Substance Abuse Act of 1988".
SEC. 2. ORGANIZATION OF ACT.
The organization of this Act is as follows:
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I October 8, 1988 CONGRESSIONAL RECORD ?SENATE 4'8114067
A
There being no objection, the Senate
proceeded to consider the resolution.
The PRESIDING OFFICEit. The
question Is on agreeing to the resolu
tion.
The resolution (S. Res. 485) w
unanimously agreed to.
The preamble was agreed to.
The resolution, with its preamble,
reads as follows:
S. RES. 485
Whereas the close of the 100th Congress
represents the completion of the service of
Robert C. Byrd as Majority Leader of the
United States Senate; and
Whereas he has performed -the duties of
Majority Leader with diligence, grace, and
consummate patience, thereby facilitating
the important business of the Senate; and
Whereas Robert C. Byrd has demonstrat-
ed not only a mastery of the rules and pro-
cedures of the Senate, which he has used to
promote the orderly debate and resolution
of the complex public policy issues con-
fronting our Nation, but also an unparal-
leled knowledge and appreciation of the his-
tory of the United States Senate and its role
in our democracy; and
Whereas throughout his service in the
Senate he has vigilantly defended the Con-
stitutional prerogatives of the Congress; and
Whereas his efforts to work with the
Speaker and other leaders of the House of
Representatives has established a new level
of cooperation and coordination between
the two Houses; and
Whereas Robert C. Byrd has had a long
and distinguished record of public service to
the people of West Virginia and the United
States, having held more elective offices
than any other individual in the history of
West Virginia, being the only West Virgin-
ian to have served in both Houses of the
State legislature and in both Houses of the
United States Congress, and having served
in the leadership of the Senate for the past
21 years; and
Whereas in the long tradition of Leader-
ship of the United States Senate, the service
by Robert C. Byrd to the Senate, the Con-
gress, and the Nation will stand as a bench-
mark for future leaders; and
Whereas the respect, trust, and confi-
dence which his colleagues feel toward
Robert C. Byrd is a testament to the integri-
ty, humanity, and good will which he dis-
plays to all around him; Now therefore, be it
Resolved,
That the Senate of the United States ex-
presses its deep appreciation to Robert C.
Byrd for his dedication to the ideals of rep-
resentative democracy and for his outstand-
ing service to the United States and its citi-
zens.
UNANIMOUS-CONSENT
AGREEMENT?RULE XXII
The PRESIDING OFFICER. The
majority leader.
Mr. BYRD. Mr. President, I ask
unanimous consent that Senators
MOYNIHAN and NIINN and Rinniarl arid
D'AmAro and WILSON and GRAN and
any other Senators who are cospon-
sors of the bipartisan drug bill that is
about to be introduced may be recog-
nized for the introduction of that
measure and may speak on it, notwith-
standing rule XXII, but that the time
be charged against the 30 hours under
cloture.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
The Senator from Georgia tMr.
Noma ?
OMNIBUS AN'II-SUBSTANCE
ABUSE ACT OF 1988 -
Mr. NUNN. Mr. President, on behalf
of Senator BYRn, Senator DOLE,
myself, Senator MOYNIHAN, Senator
RUDMAN, Senator D'Aawro, Senator
WnsoN, Senator Chums, and numer-
ous others on both sides of the aisle, I
send a comprehensive drug bill to the
desk, together with a section-by-sec-
tion analysis, and ask that the matter
be printed and ask that the bill be re-
ported.
Mr. President, I will just introduce
the bill at this point.
The PRESIDING OFFICER. The
bill will be received and appropriately
referred.
There being no objection, the sec-
tion-by-section analysis was ordered to
be printed in the RECORD, as follows:
SECTION-BY-SECTION OP THE NATIONAL
Nsaccrrics Lraosasinp ACT
SUBTITLE I OF TITLE /
Sec. 1001. Short Title.?This section sets
forth that this title may be cited as the "Na-
tional Narcotics Leadership Act of 1988."
Sec. 1002. Findhigs.?This section sets
forth findings that highlight the scope of
the drug problem; the need for maximum
coordination and leadership among all levels
of government and the private sector in
fighting drug trafficking and abuse; the fact
that past efforts?particularly federal ef-
forts?have been hampered by lack of co-
ordination, leadership, and long-range plan;
the necessity of placing one Cabinet-level
official in charge of the entire federal drug
control program; and that said official must
have the authority to develop and imple-
ment, in consultation with appropriate
agency heads and outside experts, s re-
search-based long-range national anti-drug
strategy with the ,complete support and and
backing of the President.
Sec. 1003. Purposes.?This section sets
forth the purposes of this Title. While the
purposes are, for the most part, self explan-
atory, several points deserve attention.
First, the Director for National Drug Con-
trol Policy must report directly to the Presi-
dent on drug control matters. The Director
will be required to make difficult budget
and policy decisions that may require agen-
cies to undertake extensive revisions in their
current drug policy. It is absolutely essen-
tial that the Director have the complete
confidence anbd support of the President if
he is to make these difficult budget and
policy decisions. The second point is that
this official must, be accountable- to Con-
gress and?ultimately?to tile American
people. At this time, the Attorney General,
as chairman of the National Drug Policy
Board, is not available to come before Con-
gress on a regular basis to discuss drug con-
trol efforts. And the Vice Chairman of the
Policy Board, the Secretary of Health and
Human Services, has never testified before
Congress solely on the drug issue. The Di-
rector and the Deputy Directors must be
available to consult with Congress on a fre-
quent basis, testifying before appropriate
Committees, and presenting the federal gov-
ernment's unified strategy on drug control.
The Director must also be honest and
candid in discussing the drug issue. Drug
abuse in America will not go away over-
night; it will take years. if not decades, to
change attitudes and decrease drug use. To
-sustain public support for the nationislanti-
drug strategy. the Director 7nust,be honest
? and frank about OUT successes-and failures.
and about what It will take?and how long?
to decrease drug abuse. Finally, any nation-
, al effort must contain a coordinated strate-
gy between agencies at the federal, state
and local levels. With so much of the re-
sponsibility for drug control falling within
the jurisdiction of state and local govern-
ments, the national strategy must take into
account the role that such governments
play in drug control.
Sec. 1004. Definitions.?This section sets
forth the definitions of six terms as used in
this title. In general, the terms have been
worded broadly to ensure that all efforts to
reduce the supply of and demand for drugs
are included in the jurisdiction of the Direc-
tor of National Drug Control Policy. Any in-
terpretation of such definitions should give
deference to this broad interpretation. In
addition, the term "drug" means the same
as the term "controlled substance" as de-
fined in the Controlled Substances Act. As a
result, the Director's jurisdiction does not
extend to alcohol abuse programs and thus
nothing in this Title shall be construed to
reduce the priority of alcohol abuse pro-
grams in the federal government. It is the
Intent of this Title, however, that alcohol
and drug programs should be fully coordi-
nated, particularly with respect to drug and
alcohol abuse education, prevention and
treatment programs.
Sec. 1005. Establishment of Office: (a) Es-
tablishment of Office.?This subsection es-
tablishes an Office of National Drug Con-
trol Policy within the Executive Office of
the President. The Office has been placed in
the Executive Office of the President to
ensure that the Office receives a top priori-
ty within the executive branch. Such place-
ment is consistent with the Director's au-
thority and responsibility to report directly
to the President on drug control matters.
(b) Director and Deputy Directors.?This
subsection creates a Director to head the
Office and two deputy Directors, one for
drug demand reduction and the other for
drug supply reduction, to assist the Direc-
tor. In addition, the deputy directors may be
assigned such other responsibilities under
this Title as the Director may require.
(c) Bureau of State and Local Affairs.?
This subsection creates a Bureau of State
and Local Affairs within the Office of the
Director to be headed by an Associate Direc-
tor. The Associate director should report di-
rectly to the Director. This office should
provide high-level attention within the
Office to the needs and views of state and
local drug control officials, particularly in
preparing the state and local component of
the National Drug Control Strategy.
Sec. 1006. Appointment and Duties of the
Director, Deputy Directors and Associate,
Director: (a) Appointment.?This section
provides that the Director, the Deputy Di-
rectors and the Associate director shall be
appointed by the President, by and with the
advice and consent of the Senate. This sec-
tion further provides that these officials
serve at the pleasure of the President and
that no person shall serve as Director,
Deputy Director or Associate Director for a
period of more than four years unless they
are reappointed by the President and recon-
firmed by the Senate. The latter provision
allows for greater accountability on the part
of the Director, the Deputy Directors and
the Associate Director to the President and
Congress. Finally. the Director, Deputy Di-
rectors and the Associate Director are pro-
hibited from serving in any other position in
the federal government. For example, the
President could not appoint a sitting Attor-
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