Statement of Administration Policy: S. 2852 - Omnibus Anti-Substance Abuse Act of 1988

(Senate)
(Nunn (D) Georgia and 48 others)

The Administration strongly supports and urges Congress to enact effective and responsible anti-drug legislation. The President, in a statement on September 29, 1988, urged enactment of a bill to "strengthen our ability to combat the production, trafficking and use of illegal drugs." Such legislation should be designed to achieve the six major goals that the President outlined in 1986: (1) drug-free workplaces; (2) drug-free schools; (3) expanded treatment for drug users; (4) strenghtened drug law enforcement; (5) increased international cooperation; and (6) increased public awareness and prevention.

The continued health and personal safety of all Americans depends upon the prompt and favorable consideration by Congress of comprehensive anti-drug legislation. Time is of the essence. Consistent with the foregoing, the Adminstration strongly supports enactment of a sound, prudent, and effective anti-drug bill without further delay.

— Essential Provisions of Any Anti-Drug Legislation

On September 22, 1988, the House of Representatives passed H.R. 5210, the "Omnibus Drug Initiative Act of 1988." This measure — which the President called a "good bill" on October 4th — contains a number of essential provisions. Chief among these are provisions that would: permit the imposition of the death penalty in Federal cases for drug-related murders; significantly improve the search for truth in the criminal justice system by reforming the so-called "exclusionary rule;" establish requirements for drug-free workplaces throughout the Nation; and increase the accountability of drug users to society for the consequences of their use of illegal drugs.

The Senate's version of anti-drug legislation should, at a minimum, incorporate reforms in each of these important areas. As introduced, the Senate bill does address the death penalty and drug-free workplaces. It does not, however, contain the comprehensive House provisions on user accountability; nor does it reform the exclusionary rule. It should be amended accordingly.

In addition, the Administration urges the inclusion of a provision reforming the procedures by which Federal courts review the incarceration of convicts through the use of the writ of habeas corpus.

— Drug Czar

The Administration believes that a decision should not be made at this time to establish a single officer with government-wide authority over Federal assets deployed by the various agencies with authority to combat illegal drugs — often called a "drug czar" — until a new President has been elected and has had an opportunity to make recommendations to Congress in that regard. Consequently, the Administration recommends that these provisions of S. 2852 be deleted.

— Other Provisions

In addition, the Senate should delete provisions that would: shift grant authorities from block grants back to restrictive categorical grants; attach conditions to Federal grants that are unrelated to the purposes of the grants; require the IRS to reimburse State and local government law enforcement agencies for taxes collected as a result of information supplied to the IRS by such agencies; inappropriately earmark funds for international narcotics control programs; add more criteria for the President to consider in certifying cooperating drug countries; and force mandatory rehabilitation of drug users in the transportation workplace. The Administration strongly opposes an amendment that may be offered by Senator Kerry to require foreign banks to report United States currency transactions. This provision is unenforceable and counterproductive to ongoing international efforts to combat money laundering.

— Bipartisan Budget Agreement

The Administration urges Congress to ensure that funding in anti-drug legislation is consistent with the Bipartisan Budget Agreement reached last November by the President and the Bipartisian Joint Leadership of the Congress. The Administration urges the Congress to enact responsible anti-drug legislation that is consistent with the achievement of both a drug-free America and a reduced Federal budget deficit. The Administration will continue to work with the Congress to identify necessary offsets to ensure that anti-drug legislation complies fully with the Bipartisan Budget Agreement.

Without appropriate offsets, funding for anti-drug programs could cause a sequestration under the Gramm-Rudman-Hollings law. In that event, the President's senior advisers would recommend that, in order to avoid a sequester, he veto the legislation.

— Revenue Initiatives

The Administration is aware that consideration is being given to "paying" for some or all of this drug bill through an IRS/U.S. Attorneys or other revenue initiatives. If new revenue initiatives are to be considered, the Administration believes that care must be exercised. Other revenue initiatives in recent years have already required the IRS to pursue many areas of abuse and revenue potential. In addition, any increases in funding for IRS revenue-producing programs must take into account costs to taxpayers, IRS program limitations, and the necessity of carrying out a balanced program of tax administration.