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The Anti-Drug Abuse Amendment Act, signed by President Ronald Reagan on November 18, 1988, revised the Anti-Drug Abuse Act of 1986 by closing real or perceived loopholes of that law. Major provisions included the creation of a new executive-level agency, the Office of National Drug Control Policy, whose director, appointed by the president, would lead a uniform national strategy to reduce drug use and availability, and would have unprecedented budgetary certification authority over other department and agency heads. The act also called for a “user accountability” program that established drug-free public housing, drug-free workplaces, and other similar measures. Another major provision in the act is the enactment of “conspiracy” laws in order to prosecute those with indirect involvement in a drug transaction. The act established civil penalties for “personal use” amounts of drugs. It also contained in it provisions against child pornography and warning labeling on alcoholic beverages.

Introduced by Speaker of the House Thomas A. Foley (D-WA) shortly before the 1988 presidential election, the Anti-Drug Abuse Amendment Act capitalized on the country's appetite for drug control. Drug policy remained the top political issue of importance, and Democrats and Republicans alike sought to ride the public sentiment to election day. The bill was a result of a compromise struck between the two parties, and in the signing ceremony, President Reagan, though elated over its passage, expressed disappointment over the easing of random drug testing and of dropped language in the final text that would have allowed constitutionally questionable evidence to be used in federal drug cases.

The Office of National Drug Control Policy

The first, and perhaps most notable, part of the law created the Office of National Drug Control Policy (ONDCP), whose director, known widely as the “drug czar,” is appointed by the president and serves in the Executive Office of the President. The act charges ONDCP with two responsibilities: (1) to transmit to Congress one anti-drug budget, and (2) to transmit to Congress a National Drug Control Strategy and other related documents. The law makes clear that the purpose of ONDCP is to coordinate a single drug policy among various executive branch departments and agencies, and that those department and agency heads must inform ONDCP of any changes of policy that might affect the National Drug Control Strategy.

The act also stipulated that ONDCP would be terminated in five years, but successive pieces of legislation have renewed the office and it currently exists under the leadership of its sixth director. The idea of ONDCP had surfaced before the act, pushed by then Senator Joe Biden (D-DE), and President Reagan was less than enthusiastic.

Other Provisions

A major provision in the act (Title V) concerned a wide mix of mandates classified under the category of “user accountability.” These included a declaration from Congress that legalization was “an unconscionable surrender” and the creation of a National Commission on Drug-Free Schools and other prevention and educational awareness programs. The most significant provisions under Title V concerned public housing, declaring that any criminal activity (including drug trafficking) be grounds for terminating tenancy and for the Department of Housing and Urban Development to fund grant programs to eliminate drug use and trafficking in public housing. The Drug-Free Workplace Act in Title V directed all federal grantees and contractors to institute a drug-free workplace program, mainly through education efforts and also through directing them to treatment if found to be in violation of drug laws. Title V also strips federal or state drug offenders of federal benefits (grants, contracts, loans, licenses, and public housing) but permits waivers for those entering treatment. The act also amends conspiracy laws to make it easier to criminalize those found to be in connection with the drug trade.

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