The
White House Office of National Drug Control Policy
(ONDCP), a former cabinet level component of the
Executive
Office of the President of the United States, was established
in 1988 by the
Anti-Drug Abuse
Act. Its stated goal is to establish policies, priorities, and
objectives to eradicate illicit
drug use,
manufacturing, and
trafficking,
drug-related crime and violence,
and drug-related health consequences in the U.S.
The office of Director of National Drug Control Policy is
colloquially known as the "Drug Czar", a term first used in the
media by then-Senator
Joe Biden in October
1982. In addition to running the ONDCP, the director evaluates,
coordinates, and oversees both the international and domestic
anti-drug efforts of
executive
branch agencies and ensures that such efforts sustain and
complement State and local anti-drug activities. The Director
advises the President regarding changes in the organization,
management, budgeting, and personnel of federal agencies that
effect U.S. anti-drug efforts; and regarding federal agency
compliance with their obligations under the National Drug Control
Strategy, an annual report required by law. The current director is
Gil Kerlikowske, who assumed the
office on May 7, 2009.
As of mid-2006, there were 111 full-time employees at ONDCP.
Congressional issues
Bi-partisan Support For Drug Czar
The
Anti-Drug Abuse Act of
1988, which created the Office of National Drug Control Policy,
was the product of bi-partisan support. It was co-sponsored in the
House of Representatives by parties' leaders,
Tom Foley and
Robert
Michel, and it passed by margins of 346–11 and 87–3 in the
House and Senate, respectively. Upon signing the law,
Ronald Reagan said, "This bill is the product
of a bipartisan effort."
Funding
In September 2002, the
Senate Appropriations
Committee recommended that salaries and expenses at ONDCP be
reduced from $26.6 million in fiscal 2006 to $11.5 million in
fiscal 2007, to "more closely reflect actual performance."
Committee members said they would request funding for a study of
ONDCP by the
National Academy of
Public Administration. They also ordered a
Government Accountability
Office study on the distribution of grants. Plus, they directed
the Director to provide quarterly updates on travel expenditures,
staffing levels and plans for future hirings.
High-Intensity Drug Trafficking Program
In 2005,
the Bush Administration proposed transferring the $225 million
High-Intensity Drug Trafficking Program from ONDCP to the Department of
Justice
. The program gives additional money to
communities with chronic illicit drug sales. According to the
Washington Post, "Many lawmakers oppose the transfer for
fear the program would become less of a priority."
Anti-legalization Policy
By law, the drug czar must oppose any attempt to legalize the use
(in any form) of illicit drugs.. According to the "Office of
National Drug Control Policy Reauthorization Act of 1998" the
director of the ONDCP
(12) shall ensure that no Federal funds appropriated to
the Office of National Drug Control Policy shall be expended for
any study or contract relating to the legalization (for a medical
use or any other use) of a substance listed in schedule I of
section 202 of the Controlled Substances Act (21
U.S.C.
812) and take such actions as necessary to oppose any
attempt to legalize the use of a substance (in any form)
that--
1. is listed in schedule I of section 202 of the Controlled
Substances Act (21 U.S.C. 812); and2. has not been approved for use
for medical purposes by the Food and Drug Administration;
Application of Anti-Lobbying Laws to the Office of National Drug
Control Policy's Open Letter to State Level Prosecutors, B-301022,
March 10, 2004
Finally, apart from considerations of whether any
particular law has been violated, you have asked whether the Deputy
Director's letter disseminated misleading information in connection
with statements relating to the debate over legalization of
marijuana.
Clearly, the Deputy Director's statements reflect one
perspective regarding marijuana-a perspective that is disputed by
others with different viewpoints.
However, ONDCP is specifically charged with the
responsibility for "taking such actions as necessary to oppose any
attempt to legalize the use" of certain controlled substances such
as marijuana /11/ -a responsibility which logically could include
the making of advocacy statements in opposition to legalization
efforts.
/12/ The Deputy Director's statements about marijuana
are thus within the statutory role assigned to ONDCP.
Given this role, we do not see a need to examine the
accuracy of the Deputy Director's individual statements in
detail.
/13/
Effectiveness of ONDCP
Extent of drug use in the U.S.
In September 2006, the office reported that the 2005 survey of
67,500 people found that 8.1 percent reported using an illicit drug
in the 30 days prior to being asked about their drug use, which
equates to 19.7 million people nationwide (age 12 and older). The
percentage was up slightly compared to 2004. Youth drug use
declined for the third year in a row. While the ONDCP measures
their efficacy against prior use statistics within the U.S., they
do not publicize how these statistics compare against other
countries at the time in their communications to the press. In
2008, ONDCP reported that actual youth drug use, as measured as the
percent reporting past month use, has declined from 19.4% to 14.8%
among middle and high school students between 2001 and 2007.
Anti-marijuana advertising
In August 2001, the office told a Congressional committee that its
National Youth Anti-Drug Media Campaign "has been the most visible
symbol of the federal government's commitment to drug prevention,"
and that the office was "investing $7 million a year in performance
measurement to determine the effectiveness" of the campaign. The
statement by said "We believe there is a strong body of evidence
that indicates the campaign is working, as planned, to change drug
attitudes, intentions and use."
In 2002, according to a multiyear study by the research firm hired
by the office, teenagers exposed to federal anti-drug ads were no
less likely to use drugs for having viewed them, and some young
girls said they were even more likely to give drugs a try. Walters
blamed poor ads that weren't resonating with teenagers. Walters
promised in Senate testimony in 2002 that he would show results
within a year or admit failure, and Congress agreed to extend the
campaign through 2003 while cutting funding for the ads from $170
million in 2002 to $150 million in 2003. An entirely new
advertising campaign was created.
In February 2005, a research company hired by the office and the
National Institute on
Drug Abuse reported that the government's ad campaign aimed at
dissuading teens from using marijuana, a campaign that cost $1.4
billion between 1998 and 2006, did not work: "greater exposure to
the campaign was associated with weaker anti-drug norms and
increases in the perceptions that others use marijuana." The
research company was paid $42.7 million for the five-year study.
After the February 2005 report was received, the office continued
the ad campaign, spending $220 million on the anti-marijuana ads in
fiscal years 2005 and 2006.
Other
According
to the University of
Michigan
's annual Monitoring the Future report, the number
of young people using drugs in the U.S. declined by 23 percent
between 2001 and 2006 , though there is no evidence to suggest that
government anti-drug programs that were started at the turn of the
millennium helped cause this drop.
While
cocaine production in Colombia
initially
decreased with the onset of Plan Colombia, the United Nations declared that in 2005, despite
record levels of eradication by the U.S., coca production increased
to about 330 square miles .
Controversies
Paying for embedded anti-drug messages in television shows
In 2000, the
Federal
Communications Commission, in response to a complaint by the
National
Organization for the Reform of Marijuana Laws, sent inquiries
to five major television networks about ONDCP's practice of
offering millions of additional advertising dollars to networks
that embedded anti-drug messages in their programming. The House
Committee on Government Reform's Subcommittee on Criminal Justice,
Drug Policy and Human Resources held hearings on the matter on July
11, 2000.. In December of that year, the FCC ruled that the
networks should have identified the Office of National Drug Control
Policy as the sponsor of the television programs.
Government as Scriptwriter
In the spring of 1998, the ONDCP began to develop an accounting
system to decide which network shows would be valued and for how
much. Receiving advance copies of scripts, they assigned financial
value to each show's anti-drug message. Then they would suggest
ways that the networks could increase the payments they would get.
The
WB network's senior
vice president for broadcast standards Rick Mater admitted, "The
White House did view scripts. They did sign off on them -- they
read scripts, yes."
Running the campaign for the ONDCP was Alan Levitt, who estimated
that between 1998 and 2000 the networks received nearly $25 million
in benefits.
One example was with
Warner
Brothers' show,
Smart Guy.
The original script portrayed two young people using drugs at a
party. Originally depicted as cool and popular, after input from
the drug office, "We showed that they were losers and put them
[hidden away to indulge in shamed secrecy] in a utility room. That
was not in the original script."
Other shows including
ER,
Beverly Hills 90210,
Chicago Hope,
The Drew Carey Show and
7th Heaven also put anti-drug
messages into their stories.
State and local decriminalization ballot measures
In December 2002, the
Marijuana
Policy Project, filed a complaint with the
Nevada Secretary of State accusing
the Drug Czar John Walters of illegally campaigning against its
2002 ballot initiative to decriminalize possession of up to 3
ounces of
cannabis in that state.
Specifically, MPP argued that Nevada
campaign finance laws required the Drug
Czar to reveal how much taxpayer money he had spent to defeat the
initiative. In April 2003, the
Nevada Attorney General concluded
that the Drug Czar was not required to comply with Nevada's
campaign finance laws. MPP filed a
writ
of mandamus as an appeal of the decision.
The Nevada Supreme
Court
issued an order declaring that MPP had "set forth
issues of arguable merit" in its writ; however, on August 18, 2004,
the Court declared that it was "not satisfied that [the] court's
intervention by way of extraordinary relief is
warranted".
A February
24, 2005 MPP press release announced that the group had filed
similar complaints in Montana
, Oregon
, and
Alaska
, accusing the Drug Czar of failing to make legally
required campaign expense disclosures :
- On October 5, 2004, the drug czar traveled to Oregon for
the purpose of opposing Measure 33, a ballot measure designed to
expand the state's medical marijuana program. On October
6, ONDCP Deputy Director Scott Burns traveled to Montana to
campaign against Initiative 148, the medical marijuana measure
passed by voters in November. And on October 13 and 14,
Burns traveled to Alaska to oppose Measure 2, a measure to allow
the state to tax and regulate the sale of marijuana. All
of these trips were widely reported in the local press as being
campaign stops in opposition to the reform initiatives.
Use of video news releases
In 2005, the
Government
Accountability Office found that the ONDCP had violated
domestic
propaganda and publicity
prohibitions by preparing prepackaged
news stories that did not disclose to
television viewers that the government had produced them, had
illegally spent appropriations to develop, produce and distribute
the covert propaganda but use of the term "Drug Czar" in the "Video
News Releases" had not constituted unlawful
self-aggrandizement.
ONDCP supporters such as Representatives
Tom Davis and
Mark Edward Souder have dismissed such
criticism on the grounds that the ONDCP is expressly authorized by
law to conduct anti-drug media campaigns. According to Susan A.
Poling, managing associate general counsel at the GAO, "What is
objectionable about these is the fact the viewer has no idea their
tax dollars are being used to write and produce this video
segment.".
Blocking viewer responses to ONDCP ads on YouTube
In September 2006, the ONDCP began running anti-drug messages
through the
YouTube System. In response,
many YouTube users began uploading rebuttals and "low-rating" the
public service
announcements. Consequently, since mid-September 2006, the
ONDCP has removed the ability to directly evaluate, rate or comment
on any of their messages. Users still post their own responses
separately however.
List of Directors
The title of Director, as well as the office, was created by the
Anti-Drug Abuse Act of 1988. The
position had
cabinet-level
status from 1993 to 2009.
Legislation and Executive Orders
See also
References
- Maintland, Leslie. (October 9, 1982) New York Times
U.S. plans a new drive on narcotics.
Section: 1; Page 18. (noting, "But Senator Joseph R. Biden Jr., the
Delaware Democrat who is a strong advocate of antinarcotics
efforts, said today that he thought no program could work without a
Cabinet-level "drug czar" in charge to coordinate the work of
various agencies.")
- Joe Biden Coined The Term "Drug Czar", Wrote Laws Banning
Drug Paraphenilia
-
http://politicalticker.blogs.cnn.com/2009/05/07/senate-confirms-new-drug-czar
- Kevin Freking, "Panel Advises Cutting Salaries at Agency",
Washington Post, September 12, 2006
- Bill History for H.R. 5210, the Anti-Drug Abuse Act
of 1988.
- Major Congressional Actions for H.R. 5210, the Anti-Drug
Abuse Act of 1988.
-
{http://www.reagan.utexas.edu/archives/speeches/1988/111888c.htm
President Reagan's signing statement]
- The Drug Czar is required by law to lie
- Title VII Office of National Drug Control Policy
Reauthorization Act of 1998
- Application of Anti-Lobbying Laws to the Office of
National Drug Control Policy's Open Letter to State Level
Prosecutors, B-301022, March 10, 2004
- Kevin Freking, "Drug Use Up for Boomers, Down for Teens",
Washington Post, September 7, 2006
- Office of National Drug Control Policy Executive
Office of the President: CURRENT STATE OF DRUG POLICY: SUCCESSES
AND CHALLENGES, March 2008
- "National Youth Anti-Drug Media Campaign: How to
Ensure the Program Operates Efficiently and Effectively",
Testimony to Congress, August 1, 2001
- Shawn Zeller, "Ads, Drugs & Money", Government
Executive magazine, September 19, 2003
- Ryan Grim,
A
White House Drug Deal Gone Bad: Sitting on the Negative Results of
a Study of Anti-Marijuana Ads, Slate magazine,
September 7, 2006
- "Monitoring the Future" (MTF) survey, December 2006
- "Coca production up despite record eradication"
(MSNBC), June
2006
- "FCC Sends Formal Inquiries To Five Television Networks
Allegedly Involved In ONDCP Payola Scandal", NORML news
bulletin, April 20, 2000
- "House Committee To Hold July 11 Hearing On ONDCP Payola
Scandal; Salon.com Writer Who Broke The Story Will Face-Off Against
Drug Czar", NORML news bulletin, June 29, 2000
- "FCC Rules In Favor of NORML", NORML News
Bulletin, December 28, 2000
- FCC termination of investigation of February 17, 2000
complaint by NORML, letter dated December 20, 2000
- Prime-time propaganda, January
13, 2000, Salon.com
- "MPP's first victory in 'War on Drug Czar' campaign is
short-lived; Nevada Supreme Court order allows Drug Czar to ignore
state campaign finance laws", Marijuana Policy Project
- War
On Drug Czar
- Christopher Lee, "Anti-Drug Office's Videos Defended: Davis Says
Ruling That Law Was Violated Is Wrong", Washington
Post, February 4, 2005
- Christopher Lee, "Anti-Drug Office's Videos Defended: Davis Says
Ruling That Law Was Violated Is Wrong", Washington
Post, February 4, 2005
- White House Anti-Drug Office Begins Posting Videos
on YouTube. Press Release, Office of National Drug Control
Policy, September 19, 2006
External links