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STAT Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 ~@& g G:: 4 Page(s) In Document Denied Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 CIA- RD PINSO 195900 1200070001 -4 LIGENCE AGENCY IRAL INITIO | Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : : WASHINGTON, D.C. 20505 General Counsel 1 December 1988 Judge, Attached is the memorandum you requested on the Drug Czar provisions of the recently enacted Omnibus Drug Control Bill. It attempts to capture the range of views on the subject. One piece of evidence that it has succeeded in doing so is that persons on both sides of the issues discussed have told me that the memorandum does not present their views strongly enough. Because you have asked the Ex Dir to review existing proposals for reorganization and make recommendations to you, this memorandum does not attempt to resolve the question of how best to organize CIA, and the Intelligence Community, to approach the counternarcotics problem. Until those decisions are made, it is probably premature to make any firm decisions on how CIA and the Intelligence Community should deal with the Drug Czar. Nonetheless, I thought it useful for you to be aware of the range of alternatives and begin thinking about the issues discussed in this memorandum. Please advise if you would like further information on the Act or the range of alternatives. RUSS STAT - Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 25X1 Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 ~@& V4 Next 18 Page(s) In Document Denied Pod Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 / io ~ : 7 ‘ Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 J ae: ER 88-4273x" 16 November 1988 MEMORANDUM FOR: Deputy Director for Intelligence Deputy Director for Science and Technology Inspector General Comptroller Director of Public Affairs : ADDO DC/ICS NIO/CN FROM: : Russell J. Bruemmer General Counsel John L. Helgerson Director of Congressional Affairs SUBJECT: Anti-Drug Abuse Act of 1988 | 1. The DCI has requested that we take the lead in | considering the implications,of, the "drug czar" provisions of the recently enacted Anti-Drug Abuse Act of 1988 and presenting him with options and alternatives, for implementing the Act. To begin that process, we are convening a meeting at 3: 30 p.m. on 21 November in the DCI Conference Room. x 2. At that meeting, OGC/OCA wilN provide a briefing on the drug czar provisions of the Act, including identification of open or ambiguous issues. We will also be discussing the preparation of an options paper for the DCI. Because of the nature of the issues that will be discussed, we request that senior level representation be involved in this discussion. 3. Please advise whether you or a designee will attend this discussion. Call one of us if you have any other questions. Russell #. Bruemmer y-., Jomnrvi. nergersow-[l01C cc: Ex, Dir A ( | SA/DDCI | | | 3 | : 08- | STAT . le pert | e STAT STAT STAT | Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 STAT ~@& 4 Next 4 Page(s) In Document Denied Pod Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 eroner 1h, 14955 those combined in illegal methamphetamine laboratories. produced extremely hazardous substances. (5) Tegal drug laboratories have been found in apartments, mote] rooms, motor homes, and dwellings in both urban and rura} settings. (6) Cleanup operations undertaken at the site of 8 seized illegal drug laboratory often neglect residual hazardous wastes which threaten the health of tnnocent tenants, homeowners, and livestock, as wel] as the water supply of surrounding communities. (7) IHegal drug laboratories are hazardous waste producers. (8) No Federal agency has been granted budgetary authority to provide for the ef- fective disposal and cleanup of hazardous waste produced by illegal drug laboratories. (9) The faflure to cleanup and dispose of hazardous waste produced by illegal drug SPR anes presents long-term health haz- a State and local authorities are current- ly ill-equipped to effectively cleanup and Gispose of hazardous waste produced by {lle- ga) drug laboratories. (c) ESTABLISHMENT OF TaGK Force.—There is established the Joint Federal Task Force on Nlegal Drug Laboratories (hereinafter in this section referred to as the “Task Force"). (d) APPOINTMENT AND MEMBERSHIP OF TASK Force —The members of the Task Force shall be appointed by the Administrators of the Environmental] Protection Agency and the Drug Enforcement Administration (hereafter in this section referred to as the “Administrators”). The Task Force shall consist of at least 6 and not more than 20 members. Each Administrator shall appoint one-half of the members as follows: (1) the tor of the Environmental] Protec- tion Agency shall appoint members from among Emergency Response Technicians and other appropriate employees of the Agency; and (2) the Administrator of the Drug Enforcement Administration shall ap- point ‘members from among Special Agents assigned to field divisions and other appro- Priate employees of the Administration. (e) Durres or Task Force.—The Task Force shal) formulate, establish, and imple- ment a program for the cleanup and dispos- al of hazardous waste produced by illegal drug laboratories. In formulating such pro- gram, the Task Force shall consider the fol- lowing factors: (1) The volume of hazardous wastes pro- duced by illegal drug laboratories. (2) The cost of cleaning up and disposing of hazardous waste produced by iegal drug laboratories. (3) The effectiveness of the various meth- ods of cleaning up and disposing of hazard- - waste produced by illegal drug laborato- es. (4) The coordination of the efforts of the Environmental Protection Agency and the Drug Enforcement Administration in clean- ‘ing up and disposing of hazardous waste ._ Produced by illegal drug laboratories. (3) The dissemination of information to law enforcement agencies that have respon- sibility for enforcement of drug laws. (f) GuipELines.—The Task Force shall rec- ommend to the Administration guidelines for cleanup of illegal drug laboratories to protect the public-health and environment. Not later than 180 days after the date of the enactment of this Act, the Administration shall formulate and publish such guidelines. (g) DEMONSTRATION PROJECTS.— (lL) ‘The Attorney Genera! shall make grants to, and enter into contracts with, State and local governments for demonstra- . tion projects to clean up and safety dispose of substances associated with illegal drug laboratories which mas present a danger to public health or the environment. (2) The Attorney Genera} may not under this subsection make a grant or enter into a contract unless the applicant for such as- ‘sistance agrees to comply with the guide- lines issued pursuant to subsection (e). (3) The Attorney Genera) shall, through grant or contract, provide for independent evaluations of the activities carried out pur- suant to this subsection and shall recom- mend appropriate legislation to the Con- (h) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated for the purpose of carrying out this section for fiscal year 1989, $5,000,000. d) Reports.—After consultation with the Task Force, the Administrators shal— (1) transmit to the President and to each House of Congress not later than 270 days after the date of the enactment of this Act @ report describing the program established by the Task Force under subsection (d) (in- cluding an analysis of the factors specified fn paragraphs (1) through (5) of that sub- section); (2) periodically transmit to the President and to each House of Congress reports .de- scribing the implementation of the program established by the Task Force under subsec- tion (e) (including an analysis of the factors specified in paragraphs (1) through (5) of that subsection) and the progress made in the cleanup and disposal of hazardous waste produced by illegal drug laboratories; and (3) transmit to each House of Congress a report describing the findings made as a result of the evaluations referred to in sub- section (gX3). G) Errecrrve Dare.—The provisions of this Act shall take effect October 1, 1988, or upon the date of enactment, whichever occurs later. ‘On page 169, after line 24, insert the fol- kowing new subsection: - (f) DESIGNATION OF AUTHORITY.—The Na- tional Forest System Drug Contro! Act of 1986 ts amended by inserting after section 15007 (16 U.S.C. 6591) the following new Bec. tion: “SEC. 15008. DESIGNATION AUTHORITY OF SECRE- TARY OF AGRICULTURE. “(a) PorPposE—it is the purpose of this sec- tion to authorized the Secretary of Agricul- ture to take actions necessary, in connection with the administration and use of the Na- tional Forest System, including the designa- tion of certain officers or employees of the Forest Service, to make law.enforcement op- erations more efficient. “(b) OFFICERS OF OTHER AGENCIES.—The Secretary of Agriculture is authorized to designate law enforcement officers of any other Federal agency, when the Secretary determines such to be economical and in the public interest, and with the concurrence of that agency to exercise the powers and au- thorities of the Forest Service while assist- ing the Forest Service in the Nationa! Forest System, or for activities administrat- -ed by the Forest Service. “(c) ACCEPTANCE BY ForEsT SERVICE.—The Forest Service is authorized to sccept law enforcement designation from any other Federal or State agency or political subdivi- sion thereof for the purpose of cooperating in the investigations and enforcement of the laws and regulations of any other Federal) or State agency or political subdivision there- of, when such investigation or enforcement is mutually beneficial to the Forest System and the cooperating agency, and on the es- tablishment of a memorandum of under- -standing or other cooperative agreement.”. On page 416, line 21, after “number” delete “and” and insert a ”,” Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA- RDP90G01353R001300070001 “4 191 UINGNESSIVINAL ARLCUVUAY OLCINALE On page 416 insert on line 21 after “demo- graphic characteristics,” ", socioeconomic. and other relevant characteristics” On page 416 after line 25, insert *(3) to the extent feasible the percentage of indi- viduals who complete the appropriate course of treatment through programs re ferred to in paragraph (1) who upon one year after completion require further treat- ment.” On page 417 of the bill, insert on Hne 2 after “care” “or treatment” On page 417 on line 5 after “complete” insert ‘‘and fall to complete.” On page 417 after line 25 insert “(12) to the extent feasible information shal) be pro- vided to determine whether clients subse- quently become tnvolved in crimina) act!vi- ties, drug use, and other information regard- ing the subsequent drug-related or criminal activities of individuals who have undergone a treatment program.”’ At the end of subtitie E of Title IV, insert the following new section: SEC. . DISCUSSIONS ON [NEGOTIATIONS FOR] AN INTERNATIONAL CRIMINAL COURT. It fs the sense of the Senate that the President should begin discussions with for- eign governments to investigate the feasibil- ity and advisability of establishing an inter- national criminal court to erpedite cases re- garding the prosecution of persons accused of having engaged in international drug trafficking or having committed interna- tional crimes. Such discussions shal! not in- clude any commitment that such court shal) have jurisdiction over the extradition of U.S. citizens and shal) assume that any international agreement shall recognize the rights and privileges guaranteed to U.S. citi- zens under the U.S. Constitution. At the appropriate place in the bill, insert the following new section: Sec. . The United States shall, in the case of the Chapare Regional Development Project, take the necessary steps to imple- ment expeditiously a new agreement with Bolivia which shal] provide for flexibility tn achieving coca eradication targets. Such Nexibility shal) be exercised only to the extent that good faith efforts continue to be made to achieve stated eradication goals. On page 337: In lines 15 through 19, strike all between “or” and “procedures”. On page 341, line 25, strike all beginning with “or” through “procdure” on page 342, line 3. On page 8, line 23, before the “;” insert, “including the Office of Comprehensive Schoo! Health Education upon its establish- ment”. On page 534, line 15, after “agencies” insert ‘‘, including Indian public housing au- thorities,”. At the end of Title IV, insert the follow- “Bubtitie F—Diplomatic Immunity Abuse Prevention Act" SEC. 4601. SHORT TITLE. This subtitle may be cited as the “Diplo- matic Immunity Abuse Prevention Act’. SEC. 4602. CRIMES COMMITTED BY DIPLOMATS. (a) Recorps.—The Foreign Missions Act (title Ht of the State Department Basic Au- thorities Act of 1956; 22 U.S.C. 4301 et seq.) ts amended by inserting after section 204A the foliowing new section: “CRIMES COMMITTED SY DIPLOMATS “Sec. 204B. The Director shall develop and maintain records on each incident in which there is involved an individual with immunity from the criminal jurisdiction of the United States who the Director reason- ably believes has committed a serious crimi- Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001- CONGRESSIONAL RECORD — SENATE D1019Z nal offense within the United States. Each such record shal) include— “(k) the identity of such tndividual: (2) the nature of the offense committed by such individuals, including whether such offenses were committed against property Or persons; (3) whether such offense involved reck- less driving or driving while intoxicated; and (4) the number and nature of al) other criminals offenses committed in the United States by such individual.”. Reso emee Lak § of the Diplomatic U.S.C. . peewee C. 254a et seq.) is “(L) by redesignating section 5 as section &a); and ; “(2) by inserting at the end the following new subsection: ee “(b) Crags Comrrren py DirrLomats.— “() Report.—Every 12 months after the ae of enactment of this Act, the Secretary of State shall submit to the NETESs ee describing— es : “{A) the incidents octuring during the preceding 12 months- which were recorded under section 204B of the Foreign Missions Act. including the information developed and maintained under such section: and eee fede beret indebtedness which is vidual or entity within the United States by a mission, members of the mission, or their families and for which re- Payment is in arrears by more than 86 menths. “(2) LAW ENFoRcEENy INDIVIDUALS.—The Secretary of State shall take such steps as may be necessary— “CA) to educate law enforcement officials on the extent of the tmmunity from crimi- na) jurisdiction provided to members of a mission and to family members of such pet eile: under the Vienna Convention; “(B) to assure that, in the event that an individual entitled to immunity from the criminal jurisdiction of the United States is believed to have committed a serious crime, the relevant law enforcement and prosecu- torial officials are fully informed of their rights to investigate, charge and, as war- ranted, prosecute the offense In question to the extent consistent with criminal immuni- ties established under the Vienna Conven- tion and other applicable international law. ‘(3) Discounacme rrosecurions.— “(A) No officer or employee of the Depart- ment of State may seek to discourage any investigation, charge, or prosecution by a Federal, State, or local government of — () an alien who is a member of a mission, “ap a family member of an alien de. bere in clause (i), or : “ any other alien not entitled to immu- nity from the crimina) jurisdi Uniueacn j ction of the “(B) No information shall be required to be submitted under paragraph (1) with re- spect to a specific individual if the Secretary of State determines and, within 30 days after the determination, reports to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that signifi- cant foreign policy considerations or the ns- nen penaenbuted 80 requires. OTIFICATION OF DIPLOMATIC CORPOS.— The Secretary of State shall notify the members of each mission in the United States of United States Policies relating to criminal! offenses (particularly crimes of vio- lence) committed by such members and the famity members of such members, including the policy of obtaining criminal indict- ments, requiring such membera to leave the country, and declaring such members per- sonal non grata.”. Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 SEC. 6663. REGISTRATION AND DEPARTURE PROCE- DURES FOR INDIVIDUALS WITH DIP- LOMATIC IMMUNITY. Section 3 of the Diplomatic Relations Act (22 US.C. 2548 et seq.) is amended by adding at the end thereof the following new subsection: ““(cK1) The Secretary of State shal) deve)- op and implement registration and depar- ture procedures for members of missions, and the family members of such members, in order to identify those individuals in the United States who are entitled to immunity from the crimina] jurisdiction of the United States. : “(2) No Individual shall enjoy diplomatic consular immunity in the United States ff at the time of his proposed accreditation there are pending against such individual charges of a serious criminal offense in any jurisdic- tion within the United States. ; “(3) The Secretary may waive paragraph (2) with respect to an individual if the Sec- retary determines, and reports to the Com- mittee on Foreign Affairs of the House of Representatives and the Committee on For- eign Relations of the Senate within 30 days after such accreditation, that such accredi- tations is required by significant foreign policy considerations or the national securi- ty.” ; SEC. 4604 WAIVER OF DIPLOMATIC IMMUNITY OR REMOVAL WHEN CHARGED WITH A SE- RIOUS CRIME (A) In Gewerat—The Foreign Missions Act is amended by inserting after section 2045, as added by section 502(a) of this Act, the following new section: “WAIVER OF DIPLOMATIC IMMUNITY OR REMOV- AL WHEN CHARGED WITH A SERIOUS CRIME “Sec. 204C. (a) Whenever there is proba- ble cause to believe that an individual who ts entitled to immunity from the criminal jurisdiction of the United States may have committed a serious criminal] offense (par- ticularly a crime of violence), the Secretary of State shall— “(1) immediately expel from the United States or request the foreign ministry of the country such individual represents to waive the immunity of that individual: “(2) through the appropriate United States foreign mission, promptly inform the foreign ministry of the offender's country of the United States Government's inten- tion actively to pursue compensation for all damages resulting from the actions of the offender; and “(3) if such waiver is denied, immediately declare such individual non grata or ensure the removal from the United States or, when appropriate, declare that the individ- ual’s principal sponsor is no longer accepta- ble as a diplomat or consular representative in the United States if there is a prima facie case against such individua! which, absent immunity from crimina) jurisdiction, would lead to prosecution. “(b) The Secretary of State shal] notify the Attorney General of each individual en- titled to immunity from the criminal juris- diction of the United States who voluntarily leaves, or is asked to leave, the United States because of that individual’s alleged involvement in @ serious criminal! offense in order to prevent permanently that person from reentering the United States.”. (b) Exctusion oy Ariens Previousry In- VOLVED r= A Srnious CRIMINAL OvFENSE Com- MITTED of THE Untren Srares.—Section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) is amended— CL) by striking out the period at the end of paragraph (33) and inserting in lieu thereof “sand”; and (2) by adding after paragraph (33) the fol- lowing new paragraph: ; October 14, 1988 “(34) Any alien with respect to whom the Secretary of State has notified the Attorney General under section 204C of the Foreign Missions Act because of that alien's alleged involvement in an offense defined in section 202(a9) of that Act, except that such alien may be admitted to the United States— “(A) with respect to any proceeding re- garding such crime, or “<(B) if the Attorney General, in consulta- tion with the Secretary of State, determines that admitting such individual into the United States is in the national interest.”. BEC. 4605. AUTHORITY TO INSTITUTE AND MAIN- TAIN CRIMINAL PROSECUTIONS. Section 5(a) of the Diplomatic Relations | Act (22 U.S.C. 254(a)), as amended by sec- tion 502(bX1) of this Act. is further amend- ed by inserting before the period at the end of the first sentence the following: “, except that, in the case of a criminal] proceeding, prosecution may be instituted and main- tained if no measure is taken in derogation of any immunities of any individual who ts entitled to immunity from the criminal ju- risdiction of the United States”. SEC. 4606. REVIEW OF UNITED STATES POLICY ON DIPLOMATIC IMMENITY. The Secretary of State shall review the policy of the United States of providing Privileges and immunities to foreign mis- sions, the members of the mission, their families, the diplomatic couriers, and others which result in treatment which ts more fa- vorable than the treatment required to be provided under the Vienna Convention on Diplomatic Relations. Within 180 days after the date of enactment of this Act, the Secre- tary of State shal? submit to the Congress a report including recommendations— (1) for such changes as may be necessary in such United States policy so that such privileges and immunities do not exceed United States treaty obligations; and (2) to promote the observance of United States law by foreign missions, the members of the mission, their families, the diplomatic couriers, and others. SEC. 4607. REVIEW OF PROCEDURES FOR ISSUING VISAS TO DIPLOMATS TO THE UNITED STATES AND THE UNITED NATIONS. In order to ensure conformity with the treatment accorded to United States diplo- -mats by other countries, the Secretary of State, in consulation with the Attorney ‘General, shall review the procedures, and make such changes in the procedures as may be necessary, for issuing nonimmigrant visas to the aliens described in subpara- graphs (A) and (G) of section 101(a(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a15)). Within 1 year after the date of enactment of this Act, the Secretary of State shall submit to the Congress a report on the results of such review and de- scribing the changes, if any, made in such procedures. SEC. 4608. LIABILITY INSURANCE TO BE CARRIED BY DIPLOMATIC MISSIONS. (&) RequrremeEnt.—Section 6 of the Diplo- matic Relations Act (22 U.S.C. 254e) is amended by adding at the end thereof the following new subsection: “(d) The Director of the Office of Foreign Missions shall, by regulations, establish, and take such steps as he deems necessary to ensure compliance with, liability insurance requirements which can reasonably be ex- pected to afford adequate compensation for injury to person or property resulting from or arising out of the activities of a mission. members of the mission and their familes. and individuals described in section 19 of the Convention on Privileges and Immuni- ties of the United Nations of February 13. 4 . . FE. a oo eh at aT om wr PTD hee October 14, 1988 1946. other than Mability relating to risks Geacribed in subsection (b)."”. (>) Conrornminc AmmepMeEnr.-—Subsection (a) of such section is amended by striking out “subsection (b)" and inserting in leu thereof “subsections (b) and (d)"’. SEC. 4465. DIPLOMATIC POUCHES. The President shall— (1) take such steps as may be necessary to prevent the use of diplomatic pouches for the Micit transportation of narcotics, explo- sives, and weapons and any material used to foster terrorism into the United Btates: and (2) seek in appropriate fora: the adoption of measures which will ensure that diplo- matic pouches are not used to smuggle illicit Darcotics, explosives, weapons. and any ma- terials used to foster terrorism. SEC. 6616. DEPINTTIONS. (a) Forrice Missrons Act AMENDED.—Sec- tion 202(a) of the Foreign Missions Act is amended— (i) by striking out “and” at the end of paragraph (7). (2) by striking out the period at the end of paragraph (8) and inserting in Neu thereof a pemicolon: and (3) by adding at the end thereof the fol- lowing new paragraphs: <9) the term ‘serious criminal offense’ means— “(A) any felony; “(B) any crime of violence, as defined in section 16 of title 18, United States Code; or “(C) reckless driving or driving while in- toxicated or under the influence of alcoho) or drugs which involves personal] injury: and (10) the term ‘individual entitled to im- munity from the crimina} jurisdiction of the United States‘ means any individus] who is not subject to such criminal jurisdiction as a result of international obligations of the United States arising from multilateral agreements, bilateral agreements, or inter- nationa! law.”'. (>) Diplomatic RELATIONS ACT AMENDED.— Section of the Diplometic Relations Act (22 US.C. 2548) is amended— Q)) by striking out “and” st the end of paragraph (3); (2) by striking out the period at the end of paragraph (4) and inserting in lieu thereof and”; and (3) by adding at the end thereof the fol- lowing new paragraph: “(5) the term ‘serious criminal offense’ means— “(A) any felony’ “(B) any crime of violence, as defined in section 16 of title 18, United States Code; or ““C) reckless driving or driving while tn- toxicated or under the influence of alcohol or drugs which involves persona! injury; and “(6) the term ‘individual entitled to immu- nity from the criminal jurisdiction of the United States’ means any individual who is not subject to such criminal jurisdiction as a result of international obligations of the United States amrising from -multilatera! agreements, bilateral agreements, or inter- national] law.’’. (c) DEFINITION oF FAMILY MEMBERS.— Paragraph (2) of section 2 of the Diplomatic Relations Act (22 U.S.C. 2548) is amended to Tread as follows: “(2) the term ‘family’, subject to further limitation by the Secretary of State where warranted by reciprocity or exceptional cir- cumstances, means— “CA) the spouse of a member of a mission described in paragraph (1A) and his ar her unmarried children under 21 years of age, who are not members of some other house- hold, and who reside exclusively in the prin- -€ipal's household, if the spouse or children are not nationals of the United States; Dedlassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 CONGRESSIONAL RECORD — SENATE “(B) the spouse of a member Of a mission Gescribed in paragraph (1B) and his or her unmarried children under 21 years of age, who are not members of some other house- hold. and who reside exclustvely in the prin- elpal's household, if the spouse or children are not nationals or permanent residents of the United States: “(C) the unmarried children of a member of a mission described in paragraph (1A) who are under 23 years of age and attending an institution of higher education on a full- time basis. if they are not nationals of the United States; “(D) the unmarried children of a member of a mission described tn paragraph (1B) who are under 23 years of age and attending an institution of higher education on a full- time basis, if they are not nationals or per- manent residents of the United States; and *(E) under exceptional) circumstances and with the express advance approval of the Department of State, other persons who are not members of some other household, who reside exclusively in the principal's house- hold, and who are recognized by the sending State as members of the family forming part of the household.”. At the appropriate place in the bill, add the following: Stic. .Bense of the Senate relating to Il- legal drug activities. Whereas there has been a severe, cancer-. like groxth of youth gangs who abuse, transport, and traffic tn illegal drugs: Whereas such youth gangs engage in acts of violence, often on a random basis, result- ing in death or serious bodily injury to thousands of people, as well as terrorizing tens of thousands of others; and Whereas such youth gangs heve spread their activities from Southern California to more than 50 cities throughout the United States, thereby clearly indicating that the threat posed by these gangs is national! in nature, requiring a strong federa) response; Furthermore, whereas, the nation's insu- lar territories and commonwealths of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Mariana Islands and Palau face the growing threat from drugs, and are on the frontier of iliega] drug ship- ments to the mainland:.. Whereas, roughly 80% of the drugs coming to the island of Puerto Rico are for transshipment to the mainland “United States, and the two year old drug fighting unit that coordinates Puerto Rico’s drug en- forcement has seized rugs with a value in excess of $1.6 billion, most of which other- wise would have flooded the streets of American cities: and Whereas, the insular governments have demonstrated their commitment to the war on drugs by committing significant re- sources to this challenge and the Nation must commit ttself to further assistance to the insular areas, and to coordinating their efforts with the nationa! anti-drug effort; Purthermore, whereas, stopping drugs at the source is one of the critical elements of our government's war on drugs; and Whereas, the State Department's Bureau of International Narcotics Matters Airwing Operations ts an important tool of our gov- ernment’s policy against nercotics traffick- ing. ‘Jt is, therefore, the sense of the Benate that the Director of National Drug Control Policy, (the Director), should review the entire drug contro] problem to determine priorities for new resources or shifting of existing resources, giving particular atten- tion to: 2) assistance to the insular territorial and commonwealth governments of Puerto Rico, Virgin Islands, Guam, American Samos, Marians Islands and Palau; § 16193 €2) assistance to the State Department's Bureau of International Narcotics Matters Atrwing Operations: and (3) assistance to contro!) the present and growing threat posed to the nation by youth gangs which traffic in legal drugs. Based upon his findings, the Director should consider, as mecessary. recommend- ing significant resources in addition to those specifically allocated tm this Act. utilizing his authority to reprogram or transfer monies, and requesting a reallocation of monies by the Congress. At the sppropriate pisce in the bill, insert the following: SEC . INCREASED PENALTIES POR CERTAIN &E- RIOU'S CRACK POSSESSION OFFENSES. (a) Section 404(a) of the Controlled Sub- stances Act (21 U.S.C. 844(a)) ls amended by inserting after the second sentence the fol- lowing new sentence: “Notwithstanding the preceding sentence. @ person convicted under this subsection for the possession of & substance which contains cocaine base shall be fined under title 18. United States Code. or imprisoned not less than 5 pears and not more than 20 years. or both, if the convic- tion is a first conviction under this subsec- tion and the amount of the mixture or sub- stance exceeds 5 grams. if the conviction is efter a prior conviction for the possession of such 8 mixture or substance under this sub section becomes fins) and the amount of the mixture or substance exceeds 3 grams. or if the conviction is after 2 or more prior con- victions for the possession of such a mixture or substance under this subsection become fina) and the amount of the mixture or sub- stance exceeds 1 gram.” 1) Delete "', or to have used,” wherever it appears (page 2 lines 7 & 19, page 3 line 13) (2) Add at the end the following: “(d) Errecrive Darz.—The amendments in this section shall apply to offenses occuring or completed on or after January 1, 1989 except in cases involving parole where the g@mendments in this section shal! apply upon the date of enactment.” At the appropriate place in the bil, insert the following new section: SEC. .- REVOCATION OF PROBATION. PAROLE. AND SUPERVISED RELEASE FOR USE OR POSSESSION OF A CONTROLLED SUBSTANCE. (a) ProgaTion.—(1) Section 3563(a) of title 18, United States Code. is amended by— (A) striking “and” after the semicolon in paragraph (1); CB) striking the period at the end of para- graph (2) and inserting "; and”; and (C) inserting after paragraph (2) the fol- lowing: : “(3) for a felony, a misdemeanor, or an in- fraction, that the defendant not possess ille- gal controlled substances.” (2) Section 3565(s) of title 18, United States Code, is amended by adding et the end thereof the following: “Notwithstana- ing any other provision of this section, if a defendant is found to be in passession of a controlled substance, thereby violating the eonditian imposed by section 3563(a)(3), the court shall revoke the sentence of probation and sentence the defendant to not less then one-third of the original) sentence.”. «b) Supervissp Revegase.—{1) Section 3583(d) of title 18, United States Code, ts amended in the first sentence by ‘striking the period and inserting “and that the de- fendant not possess Mllegal controlled sub- stances.”. -(2) Bection 3583 of title 18, United States Code, is amended by adding at the end thereof the following: “(g) DsE or ConrRoLien SUBSTANCES. —if the defendant ts found to be in the posses- sion of s wontrolled substance the court -Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 20 October 1988 OCA 3509-88 STAT we MEMORANDUM FOR of Central Intelligence FROM: STAT Deputy Director for Legislation Office of Congressional Affairs SUBJECT: Omnibus Drug Legislation - Status Report 1. It appears that the "logjam" in negotiations on omnibus, anti-drug legislation has been broken and that a compromise version will be soon ready for House and Senate floor consideration, perhaps as early as this evening. 2. The bill will contain a "drug czar" provision. Our concerns with respect to the czar, however, have been alleviated. 3. This “compromise czar" will be closer in substance to the House "weak czar" than the Senate "Strong czar." He will not have budgetary authority nor overwhelming programmatic authority. In addition, the bill will contain a provision protecting intelligence sources and methods and a provision requiring the czar to exercise his authorities in a manner consistent with the the provisions of the National Security Act of 1947. This latter provision addresses our programmatic concerns. 4, We also understand Chairman Stokes may make a statement on the House floor during consideration of the bill to the effect that adoption of the czar provision is not intended to detract from the ~DCI's budgetary authorities. OCA/LEG, (20 October T9888) : STAT Distribution: Original -. Addressee OCA Records - OCA/Leg/Subtect File: Narcotics - Signer _ . STAT - OCA Read L- HO-L@ CR. C-lO8-7p Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 bed ad fet et bed te t Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 é * ; mn 27 September 1988 OCA 3222-88 fEMORANDUM FOR: Director of Central Intelligence STAT ROM: Deputy Director for Legislation Office of Congressional Affairs SUBJECT: © Status of Representative Alexander's "Anti-Stonewalling Act" Amendment 1. At the last minute, a compromise was proposed on the Alexander "Anti-Stonewalling Act" amendment: Representative Alexander would withdraw the original amendment and a substitute (copy attached), acceptable to both him and the Administration, would be included in the "leadership amendment" to be offered prior to final adoption of the bill. 2. We reviewed the substitute and advised the White House that, although we preferred no legislation on the subject, we could live with the substitute. The bill subsequently passed on 22 September with the substitute amendment being adopted. 3. The provision is open to further dilution and or deletion in Senate or in conference. STAT Attachment OCA/LEG, (27 September 1988) STAT Distribution: Original - Addressee _ i is! v5) - D/OCA | STAT OCA Records - OCA/Leg/Subject File: Narcotics - Signer = Read BREE Ee ee ' L-IlOvER Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 ea i Lie eee ae _ Coyle Onin ue ) Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : AOR Le a ore Ce BF bea i] WwW $ + wH 7922 (5) The dissemination of information to Jaw enforcement agencies that have respon- sibility for enforcement of drug laws. (a) GuipeLines.—The Task Force shall recommend to the Administrators guide- lines for cleanup of Hlega) drug laboratories to protect the public health and environ- ment. Not later than 180 days after the date of the enactment of this Act, the Adminis- trators shall formulate and publish such guidelines. (e) DEMONSTRATION PROJECTS.— (1) The Attorney General shall make grants to, and enter into contracts with, State and loca) governments for demonstra- tion projects to clean up and safely dispose of substances associated with illegal drug laboratories which may present a danger to public health or the environment. (2) The Attorney Geneal may not under this subsection make a grant or enter into a contract unless the applicant for such as- sistance agrees to comply with the guide- lines issued pursuant to subsection (d). (3) The Attorney Genera) shall, through grant or contract, provide for independent evaluations of the activities carried out pur- suant to this subsection’ and shall recom- mend appropriate legislation to the Con- gress. ({f) Purpinc.—Of the amounts made avail- able to carry out the Controlled Substances Act for fiscal year 1989, not less than $5,000,000 shall be made available to carry out subsections (d) and (e). (d) Reports.—After consultation with the Task Force, the Administrators shal]— (1) transmit to the President and to each House of Congress not later then 270 days _ after the date of the enactment of this Act a report describing the program established by the Task Force under subsection (c) (in- cluding and analysis of the factors specified in paragraphs (1) through (5) of that sub- section); (2) periodically transmit to the President and to each House of Congress reports de- scribing the implementation of the program established by the Task Force under subsec- tion (c) (including an analysis of the factors specified in paragraphs (1) through (5) of that subsection) and the progress made in the cleanup and disposal of hazardous waste produced by illegal drug laboratories; and (3) transmit to each House of Congress & report describing the findings made as & result of the evaluations referred to in sub- section (e)(3). Page 178, line 14, strike out “$620,551.000" and insert in lieu thereof “$625.551,000"". Page 375, after line 2, inse atet-a KI—INFORMATION ON ILLEGAL FOREIGN DRUG ACTIVITIES SEC. 11001. COOPERATION BETWEEN AGENCIES AND WITH CONGRESS. (a) REQUIREMENT FOR INTERAGENCY Coopr- ERATION.—Any officer or employee in the ex- ecutive branch who, in the course of his or her official duties, obtains information about illegal foreign drug activities shall promptly furnish such information, in ac- cordance with the procedures established by the President pursuant to subsectioh (b9(1), to the head ‘of an agency designed by the President pursuant to subsection (c2). (b) ESTABLISHMENT OF REPORTING PROCE- DURES AND DESIGNATION OF RECIPIENT AGEN- cies.—Not later than 60 days after the date of the enactment of this Act, the Presi- dent— (1) shall establish procedures for furnish- ing information pursant to subsection (a), (2) shall designate one or more agencies as an agency to which such information is to be furnished (such agencies to include, as the President determines appropriate, agen- cies involved in the formulation of United CONGRESSIONAL RECORD — HOUSE State foreign policy, agencies involved in the enforcement of Federa) drug laws, the agency in which the officer or employec who obtains the information serves or is em- ployed. or other agencies). (3) shall establish procedures for the shar- tng of information furnished to an agency pursuant to this section with other agencies. where appropriate; and (4) shall notitfy the Congress of the pro- cedures 80 established and the agencies 80 designated. ; The President shall review such procedures and designations once each year and may, on the basis of the review, change any such procedure or designation, with notification as provided in paragraph (4). (c) DEFINITIONS.—AS used in this section— (1) the term “agency”’ means 8 depart- ment, agency, Or establishment in the exec- utive branch of the Government, (2) the term “controlicd substance” has the same meaning as fs provided in section 102 of the Controlled Substances Act (21 U.S.C. 802), (3) the term “illegal foreign drug activi- ties” means activities occurring primarily. outside the United States which. if they oc- curred in the United States: would be a felony under— (A) the Controlled Substances Act (21 U.S.C. 801 et seg.) or the Controlled Sub- stances Import and Export Act (2) U.S.C. 951 et seq.); (B) any other Federal law involving con- trolled substances, or (C) Subchapter H of chapter 53 of title 31, United States Code (commonly referred to es the “Bank Secrecy Act”), section 1956 or section 1957 of title 18, United Siates Code (commonly referred to as the “Money Laun- dering Act”), or any other provision of title 18, United States Code. if the violation is re- lated to illicit production of or trafficking in a controlled substance; and (4) the term “officer or employee in the executive branch” means an appointed offi- cer or an emplovee in the executive branch of the Government, and a member of a uni- formed service. Page 2, immediately after the item relat- ing to title X, insert the following: Title KJ—Information on lega) Foreign | Drug Activities 3 The CHAIRMAN. Without objec- tion, the reading of the amendments wil] be dispensed with, and the amend- ments will be printed in the RECORD. There was no objection. The CHAIRMAN. Pursuant to the le, the gentleman from Washington {Mr. Fo.ey] is recognized for 30 min- utes in support of his amendments. Mr. FOLEY. Mr. Chairman, I yield 15 minutes to the gentleman from Florida [Mr. McCottum]). Mr. McCOLLUM. Mr. Chairman, I am delighted to accept that, except I was wondering if I could claim the Atime designated for the gentleman from Illinois [Mr. MICHE:] as his des- gnee. The CHAIRMAN. The Chair would state under the rule the gentleman from Washington (Mr. Fo.ey] is enti- tled to 30 minutes and the gentleman from Mlinois {Mr. MICHEL] is entitled to 30 minutes. As the Chair understood it, the gen- tleman from Washington [Mr. Fo.ey] was yielding 15 minutes of his time. Mr. FOLEY. Mr. Chairman, if the Chair will indulge me, 1 understood September 22, 1988 that the total time was half an hour. The Chair is correct; it is half an hour on each side, 50 J will claim the full 30 minutes, and the gentleman from Florida (Mr. McCoL._umM) can claim the ful) 30 minutes on his side. The CHAIRMAN. Without objec- tion. the gentleman from Florida (Mr. McCoLium} may contro} the time of the gentleman from Illinois {Mr. MICHEL). There was no objection. The CHAIRMAN. The gentleman from Washington [Mr. Fo.rey] will be recognized for 30 minutes and the gen- tleman from Florida {Mr. McCoLLuM} will be recognized for 30 minutes. The Chair recognizes the gentleman from Washington (Mr. Fo.ey]. Mr. FOLEY. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, the amendmerit before us is offered on my behalf and ‘that of the gentleman from Ilinois {Mr. MicHEL], the Republican leader. It includes a number of individual pro- posals offered by Members on both sides of the aisle which have been con- solidated in one package. Each of them has been cleared with not only the gentleman from Illinois {Mr. MicHEL] and myself, but with the leadership of ‘the subcommittees of the various committees involved with this bill. Mr. Chairman, while I intended to recognize a few Members present on the floor who wish to speak to specific proposals included in this amendment, let me say before doing so that 1 ‘am deeply appreciative of the cooperation of the gentleman from Illinois [Mr. MICHEL], the Republican leader, and of the leadership of the subcommit- tees. In particular I would like to mention the gentleman from New York (Mr. RANGEL] and the gentleman from New Jersey (Mr. HUGHES], as well as the gentleman from Florida [Mr. McCo.- LUM] on the Republican side. They have all worked very assiduously on this legislation and have had the prin- cipal responsibility for the managing of the bill during its consideration by the House. Mr. Chairman, I yield 2 minutes to the gentleman from California (Mr. ANDERSON]. (Mr, ANDERSON asked and was given permission to revise and extend his remarks.) Mr. ANDERSON. Mr. Chairman, there are many questions that have been asked, or need to be asked, about how we deal with the problem of drugs in our country. For example, is urina}- ysis or any drug analysis reliable? Is random urinalysis without probable cause for suspected drug use constitu- tional, ethical, or effective? Should an employee be disciplined if his urine tests positive for marijuana as a result of inhaling secondary smoke at a rock concert? Do positive drug test results indicate impairment at work? Regard- less of where one stands on the drug ‘. Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 STAT Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 ~@ gY g & Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 Next 1 Page(s) In Document Denied Declassified in Part - Sanitized Copy eee for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 —? | WCM11001A 1 —s to’: information about illegal foreign drug activities. N (b) REQUIREMENT FoR INTERAGENCY COOPERATION.--Any officer 3 or employee in the executive branch who, in the course of his 4 or her official duties, obtains information. about appegen 5 foreign drug activities shall promptly furnish such 6 information, in accordance with the procedures established by 7 the President pursuant to subsection (c) (1), to the head of 8 an agency designated by the President pursuant to subsection 9 (c)(2). 10 -(c) ESTABLISHMENT OF Reeeerive PROCEDURES AND DESIGNATION ‘11 OF RECIPIENT AGENCIES. --Not later than 60 days after the date 12 of the enac tient of this Act, the President-- 13 (1) shall establish procedures for furnishing 14 information pursuant to subsection (b); | 15 (2) shad designee one or more agencies as an agency 16 to which such information is to be furnished (such 17 agencies to include, as the President determines 18 appropriate, agencies involved in the formulation of 2-19 United States foreign policy, agencies involved in the 20 enforcement of Federal drug laws, the agency oA which the 21 officer or employee who obtains the saeormation serves or 22 is employed, or other agencies); 23 (3) shall establish procedures for the sharing of 24 information furnished to aA agency pursuant to this 25 section with other ‘agencies, where appropriate; and- Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 Declassified in Part . Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 ets, WCM11001A | ; 1 | (4) shall notify the Congress of the procedures so 2 established and the agencies so designated. 3 The President shall review such procedures and designations 4 once each year and may, on the basis of the review, change 5S any such procedure or designation, with notification as | 6 provided in paragraph (4). | 7 (d) DEFINITIONS.--as used in this section-- 8 (1) the term ~*agency’’ means a department, agency, 9 or establishment in the executive branch of the 10 Government; | ll (2) the term ** controlled substance has the same 12 meaning as is provided in section 102 of the Controlled 13 Substances Act (21 U.S.C. 802); 14 (3) the term ~ illegal foreign drug activities ° 15 means activities occurring primarily outside the United 16 States which, if. they occurred in the United States, , 17. would be a felony under-- 18 _ (A) the Controlled Substances Act (21 U.S.C. 801 19 et seq.) or the Controlled Substances Import and 20 . Export Act (21 U.S.C. 951 et seq.); 21 | ~ (B) any other Federal law involving controlled 22 | substances; or | 23 . (C) subchapter II of chapter 53 of title 31, 24 United States Code (commonly referred to as the 25 ~* “Bank Secrecy Act’), section 1956 or section 1957 Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 : ml WCM11001A 4 i of title 18, United States Code (commonly referred to 2 , ¢ as the “‘Money Laundering Act’’), or any other 3 provision of title 18, United States Code, if the 4 violation is related to illicit production of or 5 trafficking ina eontrebied substance; and 6 (4) the term ‘‘officer or anpiezes in the executive 7 branch ~ means an appointed officer or an employee in the 8 executive branch of the Government, and a menbete of a 9 uniformed service. 7 | Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 STAT | Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 - CIA-RDP90G01353R001300070001-4 ~@& g Next 8 Page(s) In Document Denied g & Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 tee OTN ((iCWlie¢ a tl J vO, iVvv Of 54 (2) Paragraph (1) does not limit the authority of the Secre- tary to expend Federal funds to administer and provide over- sight of the clinical laboratory certification process. - An amendment to be offered by Representative Alexander of Arkansas or his designee to be debatable for not to exceed 20 minutes, equally divided and controlled by the proponent of the amendment and a member opposed thereto. Page 402, after line 25, insert the following: TITLE XI—INTERAGENCY COOPERATION RELATING TO INFORMATION ‘ON ILLEGAL FOREIGN DRUG ACTIVITIES SEC. 11001. SHORT TITLE. This title may be cited as the ‘“‘Anti-Stonewalling Act of 1988”. SEC. 11002. INTERAGENCY COOPERATION RELATING TO INFORMATION ON ILLEGAL FOREIGN DRUG ACTIVITIES. (a) In GeneRaL.—Any officer or employee in the executive branch of the Government, who, in the course of the official duties of such officer or employee, obtains information about illegal for- eign drug activities shall promptly furnish such information through the head of the agency in which the officer or employee ‘serves or is employed— (1) to the head of any other agency designated under subsec- tion (b); and (2) upon request of a committee of the Congress or of the Comptroller General, as the case may be, to such committee or to the Comptroller General. ; (b) DESIGNATIONS.—-Not later than 60 days after the date of the enactment of this Act, the President shal]l— . (1) designate agencies involved in the formulation of United States foreign policy or the enforcement of Federal drug laws to receive information under subsection (a)(1); and (2) notify the Speaker and the minority leader of the House of Representatives, the President pro tempore and the minori- ty leader of the Senate, and the Comptroller General of such designations. The President shall review such designations once each year and may, on the basis of the review, change any designation, with noti- - fication as provided in paragraph (2). (c) NoNDISCLosURE.—Except with respect to the disclosure of in- formation to the General Accounting Office, notwithstanding sub- section (a), the head of an agency may withhold the disclosure of '. information that, as determined by the head of the agency— ) may jeopardize a United States foreign intelligence or counterintelligence activity or source; (2) may jeopardize a law enforcement investigation; or . _ (3) may adversely affect the national defense or security of the United States. ‘The authority to make such a determination may not be delegated. Any such determination shall be communicated in writing to the President, who may direct the head of the agency to furnish the information under such procedures and safeguards as the President may specify. Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 ™ Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 a od 55 (d) APPLICABILITY OF SECTION 716 oF TiTLe 31, Unitep STATES ' Cope.—If information requested by the Comptroller General under subsection (a) is not furnished within a reasonable time, section 716 of title 31, United States Code, shall apply to such request. (e) DUTY OF THE PRESIDENT.—In the event the President with- holds information from a committee of the Congress for any of the reasons set forth in subsection (c), the President shall transmit in writing to the chairman and ranking minority party member of such committee a statement of the reasons for the decision. If the information concerns a United States foreign intelligence or coun- terintelligence activity or source, the President shall promptly inform the chairman and ranking minority party member of the Permanent Select Committee on Intelligence of the House of Rep- resentatives and the Select Committee on Intelligence of the Senate of the nature of the information withheld. This section does not waive or otherwise alter any right or procedure that the Con- gress or any committee of the Congress may otherwise have to re- ceive such information. ; (f) DeEFINITIONS.—As. used in this section— : (1) the term “officer or employee in the executive branch of the Government” means an appointed officer in the executive branch of the Government, an employee in the executive branch of the Government, and a member of a uniformed serv- ice; and (2) the term ‘‘agency” means a dependent, agency, or estab- lishment in the executive branch of the Government. O Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 STAT Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 ~@& V4 Next 4 Page(s) In Document Denied Pod Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 Copy Approved for Re ee CEES pes 01300070001-4 54 (2) Paragraph (1) does not limit the authority of the Secre- tary to expend Federal funds to administer and provide over- sight of the clinical laboratory certification process. An' amendment to be offered by Representative Alexander of Arkansas or his designee to be debatable for not to exceed 20 minutes, equally divided and controlled by the proponent of the amendment and a member opposed thereto. Page 402, after line 25, insert the following: TITLE XI—INTERAGENCY COOPERATION RELATING TO INFORMATION ON ILLEGAL FOREIGN DRUG ACTIVITIES SEC. 11001. SHORT TITLE.. ‘ - This title may be cited as the ‘“‘Anti-Stonewalling Act of 1988”, SEC. 11002. INTERAGENCY COOPERATION RELATING .TO INFORMATION i ON ILLEGAL FOREIGN DRUG ACTIVITIES. (a) In GeneRAL.—Any officer or employee in the executive branch of the Government, who, in the course of the official duties of such officer or employee, obtains information about illegal] for- eign drug activities shall promptly furnish such information through the head of the agency in which the officer or employee serves ‘or is employed— , (1) to the head of any other agency designated under subsec- tion (b); and (2) upon request of a committee of the Congress or of the Comptroller General, as the case may be, to such committee or to the Comptroller General ; (b) DEsiGNaTIoNs.—Not later than 60 days after the date of the enactment of this Act, the President shall— - (1) designate agencies involved in the formulation of United States foreign policy or the enforcement of Federal drug laws to receive information under subsection (ail); and ; (2) notify the Speaker and the minority leader of the House of Representatives, the President pro tempore and the minori- ty leader of the Senate, and the Comptroller General of such designations. 2s ‘The President shall review such designations once each year and may, on the basis of the review, change any designation, with noti-’ fication|as provided in paragraph (2). (c) NONDISCLosURE.—Except with respect to the disclosure of in- ‘formation to the General Accounting Office, notwithstanding sub- section (a), the head of an agency may withhold the disclosure of information that, as determined by the head of the agency— (1) may jeopardize a United States foreign intelligence or counterintelligence activity or source; (2) may jeopardize a law enforcement investigation; or (3) may adversely affect the national defense or security of the United States. The authority to make such a determination may hot be delegated. Any such determination shall be communicated in writing to the President, who may direct the head of the agency to furnish the information under such procedures and safeguards as the President may specify. os ‘Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 ority of the Secre- and provide over- rocess. tive Alexander of not to exceed 20 proponent of the RELATING TO JG ACTIVITIES . ling Act of 1988”. : TO INFORMATION in the executive the official duties i about illegal for- such information fficer or employee ated under subsec- Yongress or of the such committee or er the date of the ulation of United Federal drug laws ; and ader of the House -e and the minori- ‘r General of such ice each year and zmnation, with noti- .e disclosure of in- :withstanding sub- i the disclosure of 1e agency— gn intelligence or tigation; or mse or security of 7 not be delegated. in writing to the icy to furnish the is as the President 55 (d) Appuicapiyiry oF Section 716 or TrrLe 31, Unirep STATES Copr.—If information requested by the Comptroller General under subsection (a) is not furnished within a reasonable time, section 716 of title 31, United States Code, shall apply to such request. (e) Dury oF THE PREsIDENT.—In the event the President with- holds information from a committee of the Congress for any of the reasons set forth in subsection (c), the President shall transmit in writing to the chairman and ranking minority party member of such committee a statement of the reasons for the decision. If the information concerns a United States foreign intelligence or coun- terintelligence activity or source, the President shall promptly inform the chairman and ranking minority party member of the Permanent Select Committee on Intelligence of the House of Rep- resentatives and the Select Committee on Intelligence of the Senate of the nature of the information withheld. This section does not waive or otherwise alter any right or procedure that the Con- gress or any committee of the Congress may otherwise have to re- ceive such information. (f) DEFINITIONS.—As used in this section— (1) the term “officer or employee in the executive branch of the Government” means an appointed officer in the executive branch of the Government, an employee in the executive precy et the Government, and a member of a uniformed serv- ice; an (2) the term “agency” means a dependent, agency, or estab- lishment in the executive branch of the Government. O Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 i STAT Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 ~@O g Next 2 Page(s) In Document Denied g & Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 : Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 OCA 88-3001 8 September 1988 MEMORANDUM FOR: -The Director FROM: John L. Helgerson Director of Congressional Affairs SUBJECT: “"Anti-Stonewalling" Amendment 1. The letter that you and the Attorney General have now signed opposing the "Anti-Stonewalling” amendment will be delivered by the White House to all House Members in their morning mail. In talking with the Legislative Affairs people at he White House, we both believe it would be useful for you and the Attorney General to call personally as many key Members as possible to underscore our reservations about that amendment. 2. I have made no commitment to the White House but would recommend that you call as many of the following as you feel comfortable doing: Majority Leader Tom Foley Minority Leader Bob Michel HPSCI Chairman Louis Stokes HPSCI Ranking Minority Member Henry Hyde Foreign Affairs Chairman Dante Fascell 8 Foreign Affairs Ranking Minority Member Bill Broomfield -3, With the Republicans we can expect that they will oppose the amendment but it would be good to invigorate them. With the Democrats we can reasonably hope to talk them into sitting on the sidelines. Our hopes for defeating the amendment rest on the Democratic leaders' willingness to refrain from making it a partisan issue. , : 4. The many amendments to the Omnibus Drug Bill are now being considered on the House floor. At the current pace it is likely that the Alexander amendment will be addressed late Friday afternoon. 5. I have attached talking points for your use in making these calls. John//L. Helgerson Attachment STAT STAT Pet Ne IF Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 STAT Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 ~@& © Next 1 Page(s) In Document Denied Pod Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 uy , es in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 oS OCA 2983/88 | Py 2 a Office uf the Attorney General Washington, B. 0. 20530 8 September 1988 The Honorable Jim Wright Speaker House of Representatives Washington, D. C. 20515 Dear Mr. Speaker: The Administration strongly supports ana urges Congress to act swiftly to adopt effective and responsible legislation to combat drug abuse. United States law enforcement and intelligence agencies have devoted and will continue to devote substantial efforts toward achievement of the vital national objective of halting the flow of illegal drugs. The amendment proposed to be offered by Congressman Bill Alexander to the Omnibus Drug Initiative Act of 1988 (H.R. 5210) will weaken the hand of the United States in the battle against illegal drugs. The Alexander Amendment is both unwise and impermissibly encroaches on the President’s constitutional authority. _ The amendment requires Executive Branch personnel obtaining information about “illegal foreign drug activities” to forward such information promptly to the head of their agencies. In turn, the agency heads must furnish it to law enforcement agencies specially designated by the President and, upon request, to any committee of the Congress or the General Accounting Office (GAO). If the agency head personally determines that disclosure of the information risks specified damage to national security or law enforcement interests, he need not disclose the demanded information to a congressional committee, but he nevertheless must furnish it to the GAO. The amendment also provides for lawsuits by the GAO against Federal agencies to secure information covered by its provisions. The Alexander amendment would diminish the ability of the United States to collect narcotics intelligence. Sources of foreign narcotics intelligence, including cooperating foreign government agencies, would be less likely to share sensitive narcotics intelligence with U.S. agencies if it must be disseminated on demand to the General Accounting Office and, in r] itn Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 / i of PY aa 1 H William H. Webster Becassifed in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 -2- many cases, to multiple congressional committees. The proper executive-legislative arrangements for handling sensitive narcotics intelligence in a responsible and secure fashion are those specified by Title V of the National Security Act of 1947, under which the Director of Central Intelligence and the heads of intelligence agencies keep the congressional intelligence committees fully and currently informed of intelligence activities, including narcotics intelligence. The prospect of lawsuits between the GAO and intelligence agencies over some of the most sensitive national security information in the possession of the United States presents a substantial danger of unauthorized disclosure of sensitive information. Congress recognized this danger when it enacted the General Accounting Office Act of 1980 that provided for the exemption of intelligence information from the GAO’s current authority to bring suits to obtain information. The inter-agency reporting requirements established by the amendment will disrupt effective, carefully crafted mechanisms for secure dissemination of narcotics intelligence within the U.S. Government. These mechanisms ensure that sensitive narcotics intelligence is disseminated to law enforcement agencies and that the information is properly protected from unauthorized disclosure. In addition to its practical flaws, the amendment impermissibly encroaches on the powers of the President under the Constitution to faithfully execute the laws, to supervise his subordinates in the Executive Branch, to preserve the integrity of executive deliberations, and to protect national security information. We urge the House not to adopt the Alexander Amendment. Sincerely, 1 birth 6 lnk Director of Central Intelligence Attorney cc: The Honorable Bill Alexander Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 Y? | ; Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 * fe ; ; ; eee! SUBJECT: "Stonewalling Act" Proposed by Congressman Bill Alexander (H.R. 5210) Distribution: (OCA 2983/88) Original - Rep. Jim Wright 1 - Rep. Alexander 1 - David Addington/White House 1 - Greg Jones, OMB 1 - Mike Wermuth, DOJ Ll i 1 1 - DCI - DDCI Ct - =~ D/ZOCA 1 - OCA ‘Registry. 1 - OCA/Leg STAT Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 ere —— OCA 2483/1 88 Offire of the Attorney General Washington, B.C. 20530 8 September 1988 The Honorable Robert H. Michel Minority Leader ; U. S. House of Representatives Washington, D. C. 20515 Dear Mr. Leader: The Administration strongly supports and urges Congress to act swiftly to adopt effective and responsible legislation to combat drug abuse. United States law enforcement and intelligence agencies have devoted and will continue to devote substantial efforts toward achievement of the vital national objective of halting the flow of illegal drugs. The amendment proposed to be offered by Congressman Bill Alexander to the Omnibus Drug Initiative Act of 1988 (H.R. 5210) will weaken the hand of the United States in the battle against illegal drugs. The Alexander Amendment is both unwise and impermissibly encroaches on the President’s constitutional authority. _ The amendment requires Executive Branch personnel obtaining information about “illegal foreign drug activities” to forward such information promptly to the head of their agencies. In turn, the agency heads must furnish it to law enforcement agencies specially designated by the President and, upon request, to any committee of the Congress or the General Accounting Office (GAO). If the agency heaa personally determines that disclosure of the information risks specified damage to national security or law enforcement interests, he need not disclose the demanded information to a congressional committee, but he nevertheless must furnish it to the GAO. The amendment also provides for lawsuits by the GAO against Federal agencies to secure information covered by its provisions. The Alexander amendment would diminish the ability of the United States to collect narcotics intelligence. Sources of foreign narcotics intelligence, including cooperating foreign government agencies, would be less likely to share sensitive narcotics intelligence with U.S. agencies if it must be disseminated on demand to the General Accounting Office and, in \ Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 % Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 e Foy 1 -_ 2 - oe ' * ry many cases, to multiple congressional committees. The proper . executive-legislative arrangements for handling sensitive narcotics intelligence in a responsible and secure fashion are those specified by Title V of the National Security Act of 1947, under which the Director of Central Intelligence and the heads of intelligence agencies keep the congressional intelligence committees fully and currently informed of intelligence activities, including narcotics intelligence. The prospect of lawsuits between the GAO and intelligence agencies over some of the most sensitive national security information in the possession of the United States presents a substantial danger of unauthorized disclosure of sensitive information. Congress recognized this danger when it enacted the General Accounting Office Act of 1980 that provided for the exemption of intelligence information from the GAO’s current authority to bring suits to obtain information. The inter-agency reporting requirements established by the amendment will disrupt effective, carefully crafted mechanisms _ for secure dissemination of narcotics intelligence within the U.S. Government. These mechanisms ensure that sensitive narcotics intelligence is disseminated to law enforcement agencies and that the information is properly protected from ' unauthorized disclosure. In addition to its practical flaws, the amendment impermissibly encroaches on the powers of the President under the Constitution to faithfully execute the laws, to supervise his ~ subordinates in the Executive Branch, to. preserve the integrity of executive deliberations, and to protect national security information. . We urge the House not to adopt the Alexander Amendment. Sincerely, William H. Webster Director of Central Intelligence cc: The Honorable Bill Alexander Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 SUBJECT: "Stonewalling Act" Proposed by Congressman Bill Alexander (H.R. 5210) Distribution: (OCA 2983/1 88) Original - Rep. Robert Michel 1 - Rep. Bill Alexander 1 - David Addington/White House 1 - Greg Jones, OMB 1 - Mike Wermuth, DOJ ‘ 1 =- DCI 1 = DDCI <i- ER_ — ‘ex -l = D/OCA 1 - OCA Registry 1 - OCA/Leg | STAT Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 | 2 Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 OCA. 88-3002 8 September 1988 MEMORANDUM FOR: The Director FROM: John L. Helgerson Director of Congressional Affairs SUBJECT: Joint Letter on "Anti-Stonewalling Act" Amendment 1. David Addington, Deputy Assistant to the President for Legislative Affairs, has crafted the attached letter concerning’ the "Anti-Stonewalling" Amendment. The White House urges that the Attorney General and you sign it and have it delivered to the Speaker today as various amendments to the Omnibus Drug Bill are now being considered by the House. 2. I recommend you agree to sign this letter. I have left a copy with Russ Bruemmer to be sure he has no problem. Although brief, it makes the important points and avoids the long and complicated explanation of constitutional issues that Justice had wanted to include. 3. The White House has asked that the original of the letter be produced by the Attorney General's office as he is the Senior Cabinet level signer. Once he has signed this afternoon, the letter will come here for your signature and forwarding to Congress. | 4. Ptease-bet-mé-kKnow quickly L£-1—-may—communreate—y Ours | approval-of—this—draftt—to-get the process—in-motion~s~ : Johwv/T. Helgerson STAT Attachment D/OCA/JLH; (8 Sep 88) Py, ae Distribution: 9) Original - DCI - DDCI (w/att) - EXDIR (w/att) - ER (w/att) — General Counsel ae - OCA Record (w/att) - JLH Chrono (w/att) - Reader Library PR ER ee i nm: ees a Be Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 STAT Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 ~@& 4 Next 1 Page(s) In Document Denied Pod Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 ~ Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 £. is ~via! SUBJECT: (Optional) Sen. Byrd's letter regarding Drug Czar portion of the Omibus Anti-Drug Legislation FROM: NO: John L. Helgerson OCA 2950-88 pare —s 0.2 SEP 1989 TO: J: (Officer designation, room number, and | lgeate | building) OFFICER'S | COMMENTS (Number each comment to show from whom INITIALS to whom. Draw a line across column after each comment.) 1. Executive Registry 3. Executive Director a ar a 5. ; Deputy Director of Central Intelligence 7. ; Director of Central Intelligence g = % ® o STAT Ong wletr doom | pow! is A[d&e/ | | { g 8 é & be | ~~ STAT Lk L-H0 -1e a a | CR: C-l08 -IR | . Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 STAT Pod Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 . 2. hess Ty, Declassified in Part - - Sanitized Copy merare Sena oo CIA-RDP90G01353R001300070001-4 7 ” 5 Washington. D.C. 20505 06 SEP 7688. The Honorable Robert C. Byrd Majority Leader . United States Senate Washington, D.C. 20510 Dear Senator Byrd: I write as head of the Intelligence Community to express my concern about the "drug czar" portion of the omnibus, anti-drug legislation currently being drafted in the Senate. When the Congress created the Drug Policy Board in 1984, it adopted a provision that preserved, vis-a-vis the Board, the authorities of the Director of Central Intelligence (DCI) in the areas of program and budget management and intelligence information protection: 21 U.S.C. §1203(d). When "drug czar" legislation was again introduced in this Congress, many of the bills (including S. 15 and S. 789) contained provisions virtually identical to 21 U.S.C. §1203(d). Recent drafts of the bipartisan staff working group on the "drug czar" portion of the omnibus bill, however, indicate that while the "intelligence information protection™ aspect of existing law was retained, DCI program and budget management authorities were deleted. I commena the recognition of the importance of protecting sensitive intelligence information. I ask, however, that 21 U.S.C. §1203(d): in its entirety be restored to the bipartisan draft and preserved in any final legislation on this subject. As you know, the position of DCI was created after World War II in recognition of lessons, painfully learned, that _ intelligence activities must be centrally directed. These lessons are as cogent today as they were some forty years ago. Indeed, the size and complexity of the demands placed upon the Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 5 Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 ry Intelligence Community to support our nation's policymakers make it even more important that the DCI retain his authorities to manage Community programs and allocate budgetary resources accordingly. I recognize the importance the President, Congress and the American people place on fighting drugs. The Intelligence Community, for its part, has increased its efforts in this area and will continue to do so. In the long run, however, weakening the DCI's authorities will not enhance the nation's capabilities to fight the war on drugs. I have no doubt, though, that it will have an adverse impact on our ability to provide timely and meaningful intelligence information. Thank you for the opportunity to comment on this important legislation. Both my staff and I stand ready to discuss the matter with you or your staff at your convenience. The Office of Management and Budget advises that there is no objection to the submission of this report. A copy of this letter is being provided to Senators Dole, Nunn, Glenn, Thurmond, Roth, Boren, and Cohen. Sincerely yours, /s} William H. Webster William H. Webster Director of Central Intelligence 4 e Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 “9 * a . OCA 2950-88 SUBJECT: Sen. Byrd's letter regarding Drug Czar portion of the Omnibus Anti-Drug Legislation OCA/LEG/ (2 September 1988) Distribution: Original - Addressee 1 - DCI 1 - DDCI i - EX_ DIR fl - EX REG - D/OCA - General Counsel - DDL/OCA ) - DGC/IO/CGC C/EPS, /DO - Comptroller D/OL - C/ILD/OGC OCA/Records OCA/Leg/Subject File: Narcotics 7 Signer - OCA Read PE HR REE Ree \ Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 STAT STAT . STAT Declassified in Part F Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 . ao™! 7 qo 5 CENTRAL INTELLIGENCE AGENCY Director of Congressional Affairs OCH &6- 2953 2 September 1988 NOTE TO:. The Director The Deputy Director This morning we finally got OMB's approval to send this letter to the Congress regarding our reservations about the overall “drug czar’ bill, which under- cuts DCI authorities. This letter has been coordinated with Russ Bruemmer and Leo Hazelwood. I recommend you sign it so that we can deliver it to Congressional offices no later than Tuesday, as the legislation will move the middle of next week. ae This letter does not discuss the separate "anti-stonewalling amendment" that demands all Federal employees report illegal foreign drug activities to the Congress and GAO. We are still consulting ~ with Justice and the White House on that subject and will have a separate letter, to a somewhat different set of Congressional players, ready to sigt\early next week. STAT Jona... Helgerson Attachment STAT Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 mn utd 1\CA AL 2 Declassified in Part - Sanitized =o) Approved for ie 2013/02/07 : REMARKS: FROM: ROOM NO. BUILDING EXTENSION | Declassified in Part - Sanitized Copy AppIO oved for Release 2013/02/07 : gies (47) ICIA-RDP90G01353R001300070001-4 'AY BE USED. J TID— \<t Danl ChAvane nen Declassified in Part - - Sanitized | Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 NSA DIA Washington,DC 20505 25 August 1988 OCA 2863-88 Mr. James Murr Assistant Director, Legislative Reference Office of Management and Budget Washington, D.C. 20503 Dear Mr. Murr: I write to advise you of the opposition of the Central Intelligence Agency to the "Anti-Stonewalling Act of 1988" (House Report No. 100-861, pp. 54-55), an amendment to be offered by Representative Alexander to the omnibus, anti-drug legislation that will probably be considered by the House of Representatives when it returns to session in September. The amendment would require any Executive Branch employee obtaining information about "illegal. foreign drug activities" to forward such information promptly to his agency head. The agency head, in turn, would be required to furnish it to Presidentially-cGesignateG law enforcement agencies and, upon reguest, to any committee of Congress and/or the General Accounting Office (GAO). Information could be withheld from the Presidentially-designated agencies under certain limited circumstances but only by the agency head on a non-celegabile basis and only after notification to the President. The information would have to be disclosed, upon request, to any committee of the Congress and to the GAO. The President could ‘withhold the information but would have to report to the Congress on his. reasons therefor. GAC could sue to obtain the information in accordance with the provisions of 31 U.S.C. §716 et sec. Our reasons for opposing this amendment are as follows: Congressional Reporting Requirements Our primary concern is with those portions of the amendment dealing with the Congress. Most important, the key phrase ~ "information about illegal foreign drug activities" could be /L- jo-5R Declassified in Part - Sanitized Copy Approved for Release 2043/03/07 : GiA- RDP90G01353R001300070001 -4 STAT Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 routinely to Congressional reguesters raw, unevaluated intelligence reports. Currently, it is not our practice to forward such unevaluated reports on any subject to the Congress, even to the intelligence oversight committees. The proposed amendment would constitute a radical change in this area and would raise serious questions regarding the protection of sensitive intelligence sources and methods. | interpreted as requiring intelligence agencies to provide | Moreover, by permitting any committee of the Congress to obtain such information on Gemand, the provision, in effect, gives every committee oversight of intelligence matters in this area. .This, too, ‘would be a radical departure from present practice, breaching the understanding between the Executive and Legislative Branches that oversight of en beh Agence:.’ activities be confinec to the two intelligence committees. Under present law (Title V of the National Security Act), the Director of Central Intelligence and the heads of the various agencies in the Intelligence Community are required to keep the committees "fully and currently informed" of -intelligence matters. Pursuant to this provision, the Agency ane the Community routinely provide the committees with a large body of narcotics intelligence information otherwise falling within the scope of the amendment. The amendment is thus, to some extent, duplicative of existing law. The provision creates broad new rights of access for the General Accounting Office. (GAO) to Executive Branch information, most especially intelligence information. Ags subsection (c) of the provision indicates, that right is, in fact, superior to the right of a Congressional committee to obtain the information. Moreover, GAC would be given the right to sue the agency. involved to obtain the information in accordance with the provisions of 31 U.S.C. §716. This raises the prospect of a lawsuit between two branches of government — over some of what could be the most sensitive information in the possession of the United States. Involvement of GAO in the process is particularly objectionable to the Agency since we have historically taken the position vis-a-vis GAO that Congressional oversight of intelligence activities should be limited to the intelligence committees. The amendment does make provision for withholding information from the Congress but it is not satisfactory. Although not clear on the face of the provision, it appears that if an agency wishes to withold information, it must go through the cumbersome process of obtaining Presidential Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 approval. In the event the President chooses to witholéd information requested, he must notify the chairman and ranking minority member of the committee involved (the intelligence committees if it involves intelligence matters). We also see this scheme as sowing. the seeds of future problems similar to those currently facing the Executive Branch with respect to Congressional notification of intelligence activities. These range from technical questions of the content and form of the notification to broader questions of what the Congress can do upon receipt of notification and the President's countervailing constitutional authorities in the area. In short, rather than helping to dampen any future conflicts, it will serve to institutionalize and sharpen then. Intra-Executive Branch Reporting Requirements We are also concerned with the intra-Executive Branch reporting requirements which the amendment would create. Insofar as the amendment creates such requirements for intelligence information, it unnecessarily duplicates long-standing, carefully-crafted administrative mechanisms for reporting -such information within the Executive Branch. These inclucGe the requirement in Executive Order 12333 for Intelligence Community agencies to report to the Attorney General information which comes to their. attention concerning federal crimes. They also include other such mechanisms which allow for the sharing of narcotics intelligence information with law enforcement agencies while, at the same time, protecting intelligence sources and methods from disclosure. In fact, the Agency and the Community already share intelligence -information of this sort on a routine basis and will undoubtedly share more in the upcoming years. In this regard, I note that the conferees on the Fiscal Year 1989 Intelligence Authorization bill in their conference report have requested the Director of Central Intelligence, the Secretary of Defense and the various law enforcement agencies to develop by 1 March 1989 a plan to expand cooperation even further. (House Report No. 100-879, pf. 22.) The statutory scheme with which the amendment would replace these administrative mechanisms is, by nature, inflexible. Mandatory involvement of the President and various agency heads agas to its inflexibility. More important, however, the scheme is an attempt to resolve by fiat that which has been an historical conflict between two constitutional areas of Presidential authority: his powers and duties to enforce the Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 “ td 5) . laws of the United States, and his powers and duties to conduct the foreign relations and national defense of the United States. By mandating the reporting of such information to law enforcement agencies, the provision subordinates the President's national security powers and duties to his law enforcement powers and duties. We believe the conflict in this area is best handled on a case-by-case basis under existing mechanisms with vltimate resort to the President, if necessary. A statutory reporting scheme favoring law ‘enforcement over national security would be an ill-advised constraint on Presidential flexibility. We are’ also concerned with the term chosen to describe the information that “trips" the reporting requirement: "illegal foreign drug activities." This term is vague and subject to any number of interpretations. These will undoubtedly lead to underreporting or overreporting, which, in turn, will lead to further conflict within the Executive Branch and with the Congress. I also note that there are some units of the Intelligence Community thet are specifically tasked to collect narcotics intelligence information. This provision could undoubtedly be interpretecG by some as requiring the entire product of these units to be usec for law enforcement purposes. Again, we believe the uses of intelligence information vis-a-vis law enforcement activities should be established on a case-by-case basis, rather than by an inflexible rule. Representative Alexander's introductory remarks (Congressional Record, 11 August 1988, pp. H 6848-54) indicate he introduced the amendment in reaction to positions taken by the Executive Branch in response to Congressional and GAC efforts to obtain information on various topics, including the Grug trafficking in Central America and the relationship of the United States Government to Panamanian General Manuel Noriega. The Agency has coopereted and continues to cooperate with the intelligence committees in response to their inguiries in Pere areas. Because of this, and our historical position vis-a-vis GAO, we indicated to GAO that we were not able to eooperate in their investigation. We hope that Representative Alexander's concerns can be addressed other than through legislation. In any event, however, we trust that the Administration will take every appropriate action to oppose this provision. The Director of Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 ey # Declassified in Part 7 Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 " * : a Central I ntelligence is prepared personally to contact appropriate Congressional leaders as a part of coordinated Administration action to oppose this amendment. Thank you for the opportunity to comment on this important piece of legislation. ; Sincerely, STAT Jony Lb. bere ne at Director of Congressional Affairs Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 ~ eras > : Declassified in Part = Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 s@ ae 3 SUBJECT: Anti-Stonewalling Act of 1988 D/OCA/JLH] (24 Aug 88 STAT Distribution (External) : 1 - David S. Addington (The White House) 1 - Nicholas Rostow (NSC) 1 - Barry Kelly (NSC) 1 - (NSA) qe (DIA). STAT 1 - (IC Staff) 1 - J. Edward Fox (State Department) \ Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 e+ » Declassified in Part = Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 q » , : SUBJECT: Anti-Stonewalling Act of 1988 D/OCA/JLH) 24 Aug 88 STAT Distribution: Crig - addressee 1 - DCI 1 - DDCI ] - EXDIR Ad o jRR 1 - DDO 1 - General Counsel 1 - D/OCA 1 - DDL/OCA 1 - OCA Records 1 - Chrono ; STAT 1 - OCA/LEG Subj. File 1 - OCARead 6 Declassified in Part - Sanitized Copy Approved for Release 2013/02/07 : CIA-RDP90G01353R001300070001-4 |