oversight

Drug Control: DOD Should Improve Its Oversight of the National Guard Counterdrug Program

Published by the Government Accountability Office on 2019-01-17.

Below is a raw (and likely hideous) rendition of the original report. (PDF)

               United States Government Accountability Office
               Report to Congressional Committees




               DRUG CONTROL
January 2019




               DOD Should Improve
               Its Oversight of the
               National Guard
               Counterdrug Program




GAO-19-27
                                               January 2019

                                               DRUG CONTROL
                                               DOD Should Improve Its Oversight of the National
                                               Guard Counterdrug Program
Highlights of GAO-19-27, a report to
congressional committees




Why GAO Did This Study                         What GAO Found
Since 1989, DOD has received billions          The Department of Defense (DOD) lacks current strategy and guidance to
of dollars to fund the National Guard’s        implement the National Guard counterdrug program. Although a number of key
participation in a counterdrug program         national-level strategies, such as the National Drug Control Strategy, have been
focused on domestic drug interdiction          updated since 2011 to address changing drug threats, GAO found that DOD’s
activities. DOD received $261 million          2011 Counternarcotics and Global Threats Strategy has not been updated to
for this program in fiscal year 2018.          reflect these changes. In addition, the National Guard lacks detailed procedures
This program provides military support         and processes for the states to implement the National Guard counterdrug
to assist state, local, and tribal law         program, such as how to conduct cross-state aerial reconnaissance. Without
enforcement organizations with
                                               current strategy or guidance, it will be difficult for the National Guard to operate
counterdrug activities and operates in
                                               its counterdrug program effectively.
54 states and territories across the
United States.                                 DOD’s processes to approve state counterdrug plans and distribute funding to
Senate Report 115-125 included a               the state-level counterdrug programs could be improved. Since at least 2009,
provision for GAO to evaluate the              DOD has provided funding to the states without first approving state plans for
National Guard counterdrug program.            counterdrug activities, as required by statute. GAO found that the delay in
This report (1) evaluates the extent to        approval of state counterdrug plans has worsened since fiscal year 2009; in
which DOD has strategy and                     fiscal year 2018, approval took over 9 months (283 days); see figure below. In
implementing guidance for the National         2018, DOD took some steps to address the timely review of state plans, but
Guard counterdrug program, and (2)             GAO found that those steps did not rectify the problem.
assesses DOD’s processes to approve
states’ counterdrug plans and                  Number of Days Between the Beginning of the Fiscal Year and when DOD Approved All State
                                               Counterdrug Plans, Fiscal Years 2009 through 2018
distribute funding to the program,
among other things. GAO reviewed
DOD’s counterdrug strategy and
guidance; DOD funding and personnel
data; and its processes to distribute
funding.

What GAO Recommends
GAO is making a total of five
recommendations, including, among
others, that DOD issue a strategic
framework that addresses current drug
threats, the National Guard issue
guidance with detailed procedures on
how states should administer the
program, DOD assess the revised
process for approving state plans, and
the National Guard incorporate DOD’s
strategic counternarcotics priorities into
its funding distribution process. DOD          GAO also found that the process used by the National Guard to distribute
concurred with GAO’s                           funding to the states within the program does not incorporate DOD’s strategic
recommendations.                               counternarcotics priorities, such as the U.S. southwest and northern border
                                               areas. GAO’s work on results-oriented management states that strategy should
                                               inform program activities and resourcing. Until National Guard’s process to
                                               distribute funding to state counterdrug programs is improved, it risks directing
                                               funding toward lower priority counterdrug activities at the expense of higher
View GAO-19-27. For more information,
contact Elizabeth Field at (202) 512-2775 or   priority activities.
FieldE1@gao.gov.
                                                                                          United States Government Accountability Office
Contents


Letter                                                                                 1
               Background                                                              5
               DOD Lacks a Current Strategy and Guidance for the National
                 Guard Counterdrug Program                                           12
               The National Guard Bureau Has Taken Steps to Improve the
                 Availability of Funds When Operating under Continuing
                 Resolutions                                                         18
               DOD Could Improve Its Processes for Approving and Distributing
                 Funds to State Counterdrug Programs                                 22
               Conclusions                                                           29
               Recommendations for Executive Action                                  30
               Agency Comments and Our Evaluation                                    31

Appendix I     National Guard Counterdrug Program Funding by Project Code            33



Appendix II    Overview of State Counterdrug Program Planned Support Activities,
               Fiscal Year 2018                                                      38



Appendix III   Process to Fund the National Guard Counterdrug Program                40



Appendix IV    Funding Provided by the Department of Defense under Congressional
               Appropriations                                                    42



Appendix V     Threat-Based Resource Model                                           43



Appendix VI    Comments from the Department of Defense                               48



Appendix VII   Status of October 2015 Recommendations on National Guard
               Counterdrug Program                                                   51




               Page i                                              GAO-19-27 Drug Control
Appendix VIII   GAO Contact and Staff Acknowledgments                                  52


Tables
                Table 1: Summary of Title 32 and Title 10 Authorities for Use of
                        the National Guard                                               7
                Table 2: Executive Branch Strategies Addressing U.S. Drug
                        Threats, 2012 through 2018                                     13
                Table 3: National Guard Bureau Publications                            17
                Table 4: Department of Defense’s (DOD) Budget Request for the
                        National Guard Counterdrug Program, Fiscal Years 2004
                        through 2018                                                   34
                Table 5: Congressionally-Directed Increases for the National
                        Guard Counterdrug Program, Fiscal Years 2004 through
                        2018                                                           35
                Table 6: Total Budget Authority for the National Guard
                        Counterdrug Program, Fiscal Years 2010 through 2017            36
                Table 7: Obligation Amounts for the National Guard Counterdrug
                        Program, Fiscal Years 2010 through 2017                        37
                Table 8: State Plans’ Mission Categories and Support Activities        38
                Table 9: Funding Provided by the Department of Defense (DOD)
                        for the National Guard Counterdrug Program under
                        Congressional Appropriations in Fiscal Years 2014
                        through 2018                                                   42
                Table 10: Fiscal Years 2015 through 2018 Threat-Based
                        Resource Model Percentages by State or Territory
                        Program                                                        44
                Table 11: Fiscal Years 2012 through 2018 Planned Funding, by
                        State or Territory Program                                     46
                Table 12: Status of Recommendations from GAO, Drug Control:
                        Additional Performance Information Is Needed to Oversee
                        the National Guard’s State Counterdrug Program, GAO-
                        16-133 (Washington, D.C.: October 2015)                        51

Figures
                Figure 1: Program Funding in DOD’s Drug Interdiction and
                         Counterdrug Activities, Defense Account in Fiscal Year
                         2018                                                            9
                Figure 2: DOD’s Budget Requests and Congressionally-Directed
                         Increases for the National Guard Counterdrug Program,
                         Fiscal Years 2004 through 2018                                10


                Page ii                                              GAO-19-27 Drug Control
Figure 3: National Guard Counterdrug Program Obligation
         Amounts and Total Budget Authority Amounts, Fiscal
         Years 2010 through 2017                                        19
Figure 4: Number of National Guard Personnel Performing State
         Drug Interdiction and Counterdrug Activities by Month,
         Fiscal Years 2012 through 2018                                 20
Figure 5: Department of Defense’s Process for Approving State
         Drug Interdiction and Counterdrug Activities Plans             24
Figure 6: Number of Days Between the Beginning of the Fiscal
         Year and when the Department of Defense Approved All
         State Drug Interdiction and Counterdrug Activities Plans,
         Fiscal Years 2009 through 2018                                 25
Figure 7: Steps in the Process to Fund the National Guard
         Counterdrug Program                                            41




Page iii                                              GAO-19-27 Drug Control
Abbreviations

ASD (HD&GS)                Assistant Secretary of Defense for Homeland
                           Defense and Global Security
CR                         Continuing Resolution
DASD (CN&GT)               Deputy Assistant Secretary of Defense for
                           Counternarcotics and Global Threats
DOD                        Department of Defense
OMB                        Office of Management and Budget
OUSD (C)                   Office of the Undersecretary of Defense,
                           Comptroller




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Page iv                                                            GAO-19-27 Drug Control
                       Letter




441 G St. N.W.
Washington, DC 20548




                       January 17, 2019

                       The Honorable James M. Inhofe
                       Chairman
                       The Honorable Jack Reed
                       Ranking Member
                       Committee on Armed Services
                       United States Senate

                       The Honorable Adam Smith
                       Chairman
                       The Honorable Mac Thornberry
                       Ranking Member
                       Committee on Armed Services
                       House of Representatives

                       Since 1989, Congress has provided billions of dollars to the Department
                       of Defense (DOD) to fund the National Guard’s participation in domestic
                       drug interdiction and counterdrug activities. The type of military support
                       provided by the National Guard can range from reconnaissance to
                       analytical support, but it generally reflects the drug interdiction priorities of
                       the Governors of the 50 states, the District of Columbia, and three U.S.
                       territories; the capabilities of each state’s National Guard; and the needs
                       of interagency partners. These interagency partners include state, local,
                       and tribal law enforcement organizations, as well as several federal
                       agencies— including the Departments of Justice, Homeland Security, and
                       Treasury—all of which are involved in efforts to disrupt and dismantle the
                       infrastructure of major drug-trafficking organizations. According to the
                       National Guard Bureau, in fiscal year 2017, the National Guard
                       counterdrug program employed over 3,700 personnel who supported law
                       enforcement’s efforts to remove over 3.3 million pounds, or nearly $11.2
                       billion, in illicit drugs from U.S. communities. 1 In addition to providing
                       support to law enforcement partners, the National Guard Bureau operates
                       five counterdrug schools that provide training in drug interdiction and




                       1
                        Department of Defense, 2019 National Guard Bureau Posture Statement Focused on
                       Readiness.




                       Page 1                                                       GAO-19-27 Drug Control
counterdrug activities. 2 According to the National Guard Bureau, these
schools trained over 41,400 law enforcement officers, community based
organization members, and military personnel in fiscal year 2017. 3

Senate Report 115-125 accompanying a bill for the National Defense
Authorization Act for Fiscal Year 2018 contained a provision that we
evaluate the National Guard counterdrug program and its approach to
resource allocation. 4 This report: (1) evaluates the extent to which DOD
has strategy and implementing guidance for the National Guard
counterdrug program, (2) describes the actions taken by the National
Guard Bureau to improve the availability of funds when operating under
continuing resolutions, and (3) assesses DOD’s processes to approve
states’ counterdrug plans and distribute funding to the program.

To address our objectives, we reviewed documentation and interviewed
officials from the Office of the Deputy Assistant Secretary of Defense for
Counternarcotics and Global Threats; the National Guard Bureau; select
state counterdrug programs; Office of the Under Secretary of Defense,
Comptroller; and Army and Air National Guard Budget Execution Offices.
Our analysis of the National Guard counterdrug program focused on Title
32 state activities, which includes five specific projects: 1) state plans, 2)
counterdrug schools, 3) counterthreat finance, 4) linguist support, and 5)
linguist and data analysis. 5



2
 The five counterdrug schools are: 1) Multi-jurisdictional Counterdrug Task Force Training,
Starke, Florida; 2) Midwest Counterdrug Training Center, Johnston, Iowa; 3) Regional
Counterdrug Training Academy, Meridian, Mississippi; 4) Northeast Counterdrug Training
Center, Fort Indiantown Gap, Pennsylvania; and 5) Western Regional Counterdrug
Training Center, Tacoma, Washington.
3
 Department of Defense, 2019 National Guard Bureau Posture Statement Focused on
Readiness. According to DOD officials, these figures include law enforcement officers,
community-based organization members, and military personnel trained on-site and by
mobile training teams. Officials from the Office of the Deputy Assistant Secretary of
Defense for Counternarcotics and Global Threats stated that they are concerned that a
high percentage of the instruction hours provided by the National Guard counterdrug
schools have been for commonly expected law enforcement training contracted at the
state level to non-government civilian instructors to provide training not organic to the
DOD.
4
 S. Rep. No. 115-125, at 247 (2017).
5
 See appendix I for a description of the five projects that make up the National Guard
counterdrug program’s Title 32 activities.




Page 2                                                              GAO-19-27 Drug Control
In addition, we used a non-generalizable sample of 9 of the 54
participating states, territories, and the District of Columbia as case
studies and interviewed officials in those states to get their perspectives
on strategy, policy, guidance, and funding for the program. The nine
states we included in our review were: Alaska, California, Maine,
Mississippi, Missouri, New Mexico, New York, Tennessee, and Texas. To
select these case studies for our sample, we relied on five criteria. First,
we selected states from each of the four counterdrug program regions:
Northeast, Northwest, Southeast, and Southwest. Second, we selected
both low and high drug threat level states from each region, as
determined by the National Guard Bureau’s funding distribution model
known as the threat-based resource model in 2018. Third, we selected
states that experienced large fluctuations in their threat level between
fiscal years 2016 and 2018 as a consequence of changes to the National
Guard Bureau’s threat-based resource model for fiscal year 2018, such
as the expansion in the number of drug threat variables in the model and
the institution of seizure thresholds to better distinguish which drug
seizures would be considered within the model. Fourth, we selected
states that received what National Guard Bureau officials referred to as a
“functional” level of funding for fiscal year 2018, meaning that funding was
provided at a level necessary to support two counterdrug missions in that
state or territory, regardless of its threat level. Finally, we selected from
states that have an international border and that border international
waters.

To address our first objective, we reviewed DOD’s 2011 Counternarcotics
and Global Threats Strategy and other executive branch strategy
documents, including the Office of National Drug Control Policy’s National
Drug Control Strategy and geographic drug control strategies. We
evaluated DOD’s strategy to determine the extent to which it aligned with
current national-level strategies and drug threats. We also reviewed a
DOD Inspector General assessment of the National Guard counterdrug
program that addresses the counternarcotics and global threats strategy.
In addition, we reviewed whether the National Guard Bureau has issued
guidance on counterdrug support in accordance with Chief National
Guard Bureau policy that assigns responsibility for the issuance of
supporting guidance for the National Guard counterdrug program.

To address our second objective, we analyzed DOD’s budget requests
and congressionally-directed increases for fiscal years 2004 through




Page 3                                                  GAO-19-27 Drug Control
2018. 6 We also analyzed the National Guard counterdrug program’s total
budget authority and obligation amounts by project code and calculated
overall obligation rates for fiscal years 2010 through 2017. 7 Further, we
examined the number of personnel on-orders by month supporting
National Guard counterdrug program activities for October 2012 through
August 2018. Finally, we reviewed DOD’s process to distribute funds to
the National Guard counterdrug program and funding received under
each appropriation period—including continuing resolutions and final
appropriations—for fiscal years 2014 and 2018, including the timing and
amount of funds received.

To address our third objective, we reviewed DOD’s process for approving
state drug interdiction and counterdrug activities plan submissions and
distributing funding to state counterdrug programs for fiscal years 2009
through 2018. 8 We compared DOD’s process for approving state plan
submissions to the law governing the use of funds for state counterdrug
activities and to DOD policy. Finally, we examined the National Guard
Bureau’s threat-based resource model and its process to distribute
funding to the program and assessed it based on GAO’s work on results-
oriented management.

We assessed the reliability of the following types of data on the National
Guard counterdrug program: DOD’s budget requests and
congressionally-directed increases for fiscal years 2004 through 2018;
total budget authority and obligations amounts for fiscal years 2010
through 2017; program personnel on orders by month for October 2012
through August 2018; threat-based resource model percentages for fiscal
years 2015 through 2018 and planned funding levels by state or territory
program for fiscal years 2012 through 2018; and state plans approval
dates for fiscal years 2009 through 2018. 9 We assessed the reliability of
all sources of data by examining them for missing values, outliers, and
obvious errors as well as by interviewing knowledgeable agency officials

6
 Throughout this report, we refer to the funds Congress has appropriated above budget
request levels for the National Guard counterdrug program as congressionally-directed
increases.
7
 Total budget authority is the authority to incur obligations and pay expenses.
8
 Throughout this report, we refer to state drug interdiction and counterdrug activities plans
as state plans.
9
 We analyzed National Guard counterdrug program data based on the availability of
complete and reliable data from DOD.




Page 4                                                              GAO-19-27 Drug Control
                      regarding their accuracy and completeness. For data on DOD’s budget
                      requests, congressionally-directed increases, total budget authority, and
                      obligation amounts, we examined other sources that provide the same
                      types of data to ensure consistency. In addition, we also assessed data
                      on DOD’s budget requests and congressionally-directed increases by
                      comparing them to amounts presented in a prior GAO report. 10 We
                      determined that all the data we report on were sufficiently reliable for the
                      purposes of our review.

                      We conducted this performance audit from August 2017 to January 2019
                      in accordance with generally accepted government auditing standards.
                      Those standards require that we plan and perform the audit to obtain
                      sufficient, appropriate evidence to provide a reasonable basis for our
                      findings and conclusions based on our audit objectives. We believe that
                      the evidence obtained provides a reasonable basis for our findings and
                      conclusions based on our audit objectives.



Background
National Guard        The National Guard counterdrug program is part of DOD’s broader
Counterdrug Program   counterdrug mission, which focuses on supporting local, state, federal,
                      and foreign government agencies in addressing the illegal drug trade and
                      narcotics-related terrorism. 11 The program was originally conceived as a
                      reconnaissance support mission largely focused on marijuana eradication
                      efforts. In 1977, the Hawaii National Guard became the first state National
                      Guard to assist law enforcement agencies in counterdrug missions.
                      Hawaii law enforcement officials sought Hawaii National Guard helicopter
                      transport to support Operation Green Harvest, a marijuana eradication
                      mission. By 1984, four additional states’ National Guards were supporting
                      state law enforcement agencies with counterdrug efforts. That number
                      grew to 32 states in 1988. However, this assistance was limited in scope
                      and generally conducted as Guard units performed normal training


                      10
                        GAO, Drug Control: Additional Performance Information Is Needed to Oversee the
                      National Guard’s State Counterdrug Program, GAO-16-133 (Washington, D.C.: Oct. 21,
                      2015).
                      11
                         According to DOD officials, DOD conducts its counterdrug mission in two primary areas:
                      detecting and monitoring drug trafficking into the United States and sharing information on
                      illegal drugs with U.S. and foreign government agencies.




                      Page 5                                                             GAO-19-27 Drug Control
                           activities, and costs associated with this assistance were paid for by the
                           states.

                           The National Defense Authorization Act, Fiscal Year 1989 tasked DOD
                           with the mission to ensure the availability of military support to law
                           enforcement agencies nationwide. 12 This law established DOD as the
                           single lead agency of the federal government for the detection and
                           monitoring of aerial and maritime transit of illegal drugs into the United
                           States, 13 and it amplified the National Guard’s role as a support agency
                           for state law enforcement in counterdrug support missions under the
                           Governor of each state, territory, and the District of Columbia. By 1994,
                           the program was in operation in 54 states and territories across the
                           United States.

                           As of fiscal year 2018, National Guard Bureau policy allows state
                           counterdrug programs to perform 15 support activities grouped into five
                           broad mission categories—(1) technical support (including linguist and
                           translator, operational and investigative case and criminal analyst, and
                           counterthreat finance support), (2) general support (including domestic
                           cannabis suppression and eradication operations and transportation
                           support), (3) reconnaissance and observation (including ground and
                           aerial reconnaissance), (4) civil operations and coalition development,
                           and (5) counterdrug training. 14


Legal Authorities of the   The National Guard counterdrug program conducts activities under the
National Guard             authority of two titles in the United States Code—Title 32 and Title 10.
                           Section 502 of title 32 allows a member of the National Guard to be
Counterdrug Program
                           ordered to full-time National Guard duty status under regulations

                           12
                            Pub. L. No. 100-456, § 1104 (1988).
                           13
                             Id. at § 1102(a), repealed by Pub. L. No. 101-189, § 1202 (1989) (codifying this
                           provision at 10 U.S.C. § 124).
                           14
                              Chief National Guard Bureau Instruction 3100.01A, National Guard Counterdrug
                           Support (June 22, 2015). The Office of the Deputy Assistant Secretary of Defense for
                           Counternarcotics and Global Threats recategorized counterthreat finance activities in
                           fiscal year 2018 and beyond to, according to DOD officials, more accurately reflect the
                           type of National Guard investigative case analysis support provided to law enforcement.
                           The program also includes a mission category for internal program management. Since
                           this mission category does not provide support to interagency partners, we did not include
                           it in our analysis. For an overview of approved counterdrug support activities, see
                           appendix II.




                           Page 6                                                             GAO-19-27 Drug Control
prescribed by the Secretary of the Army or Secretary of the Air Force. In
addition, Section 112 of title 32 authorizes personnel of the National
Guard of a State, under regulations prescribed by the Secretary of
Defense, to be ordered to perform full-time National Guard duty under
section 502 for the purposes of carrying out drug interdiction and
counterdrug activities in accordance with state plans. 15 Section 112 also
authorizes the Secretary of Defense to provide funds to support the
approved drug interdiction and counter-drug activities plan of state
governors.

In addition, Title 10 allows the Secretary of the Army or Air Force to order
a member of the National Guard, under the Secretary’s jurisdiction, to
active duty with the consent of the member and the governor of that
state. 16 Under Section 284 of title 10, DOD provides support to a number
of partners, such as federal agencies, in their counterdrug activities, at
times using National Guard personnel on active duty. Table 1 provides a
summary of the Title 32 and Title 10 authorities.

Table 1: Summary of Title 32 and Title 10 Authorities for Use of the National Guard

                                          Title 32                          Title 10
 Command and control                      State governor                    President
 Duty status                              Full-time National Guard duty     Active duty in Reserves of
                                                                            Army and Air Force
 Where duty is performed                  Within the United States, U.S.    Worldwide and within the
                                          territories and possessions,      U.S.
                                          and the
                                          District of Columbia
Source: GAO analysis of National Guard statutory authorities. I GAO-19-27




15
  Governors and the Commanding General of the National Guard of the District of
Columbia each submit a state drug interdiction and counter-drug activities plan that,
among other things, specifies how National Guard personnel within their state are to be
used in drug interdiction and counter-drug activities and includes a certification that those
operations are to be conducted at a time when the personnel involved are not in Federal
service.
16
  10 U.S.C. § 12301(d).




Page 7                                                                           GAO-19-27 Drug Control
Funding for the National   To fund DOD’s counterdrug mission, Congress appropriates amounts to
Guard Counterdrug          DOD’s Drug Interdiction and Counterdrug Activities, Defense account. 17
Program                    The categories of activities funded by the account include: detection and
                           monitoring; international support; intelligence, technology, and other;
                           domestic support, which includes the National Guard counterdrug
                           program; and drug demand reduction. 18 Of all the activities, the domestic
                           support activity, which includes the National Guard counterdrug program,
                           receives the largest amount of funding from DOD’s Drug Interdiction and
                           Counterdrug Activities account. In fiscal year 2018, Congress
                           appropriated about $934.8 million to the Drug Interdiction and
                           Counterdrug Activities, Defense account, 19 of which about $261.4 million,
                           or 28 percent, was appropriated for the National Guard counterdrug
                           program. 20 Figure 1 shows the program funding in DOD’s Drug
                           Interdiction and Counterdrug Activities Account for fiscal year 2018.




                           17
                             This account, originally called Drug Interdiction, Defense, was established by the
                           Department of Defense Appropriations Act, 1989.
                           18
                             For fiscal year 2018, the National Guard counterdrug program is comprised of five
                           projects: state plans, counterdrug schools, counterthreat finance, and two projects that
                           provide linguist support to law enforcement partners. Throughout this report, we refer to
                           these projects collectively as the National Guard counterdrug program.
                           19
                             The $934.8 million appropriated amount does not include any Overseas Contingency
                           Operations funding.
                           20
                             About $236.4 million was appropriated for the state-level National Guard counterdrug
                           programs, and $25 million was appropriated for the National Guard counterdrug schools
                           program.




                           Page 8                                                             GAO-19-27 Drug Control
Figure 1: Program Funding in DOD’s Drug Interdiction and Counterdrug Activities,
Defense Account in Fiscal Year 2018




Note: Overseas Contingency Operations funding is not included in this analysis.



DOD’s budget request to the President for the National Guard
counterdrug program was generally steady from fiscal year 2004 through
fiscal year 2012, but was reduced significantly in fiscal year 2013. 21 Since
then, congressionally-directed increases have generally accounted for 50
percent or more of the program’s total funding, as shown in figure 2
below. 22




21
  From fiscal years 2013 to 2016, DOD reduced its budget request for domestic
counterdrug efforts such as those supported by the National Guard counterdrug program.
DOD officials stated that to address spending limits required by the Budget Control Act of
2011, some programs had to be reduced in order to maintain support for higher priority
U.S. programs aimed at supporting Afghanistan operations and to address drug cartel
violence in Mexico and Central America that were destabilizing the region and threatened
to spill over into the United States. The Budget Control Act of 2011, Pub. L. No. 112-25
(2011), amends the Balanced Budget and Emergency Deficit Control Act of 1985, Pub. L.
No. 99-177 (1985), codified at 2 U.S.C. § 901, and provides that new budget authority
may not exceed the discretionary spending limits for a fiscal year. Subsequent
amendments have revised the discretionary spending limits and extended the
sequestration of direct spending through fiscal year 2027. See Bipartisan Budget Act of
2018, Pub. L. No. 115-123, § 30101 (2018); Bipartisan Budget Act of 2015, Pub. L. No.
114-74, § 101 (2015); Bipartisan Budget Act of 2013, Pub. L. No. 113-67, § 101 (2013).
22
  Appendix I provides additional information on DOD’s budget requests and
congressionally-directed increases for the National Guard counterdrug program and
counterdrug schools program.




Page 9                                                                    GAO-19-27 Drug Control
Figure 2: DOD’s Budget Requests and Congressionally-Directed Increases for the National Guard Counterdrug Program,
Fiscal Years 2004 through 2018




                                       In fiscal year 2018, the Senate Committee on Appropriations expressed
                                       concerns that DOD reduced overall funding for the National Guard
                                       counterdrug program from the fiscal year 2017 enacted levels and failed
                                       to include an individual budget line in its budget request for the National
                                       Guard counterdrug schools program. 23 DOD’s budget request for fiscal
                                       year 2018 was about $116.4 million, while the final appropriation
                                       designated $261.4 million for the program—approximately a 125 percent
                                       increase.



                                       23
                                          S. Comm. on Appropriations, 115th Cong., Explanatory Statement for the Department of
                                       Defense Appropriations Bill, 2018 (2017) (accompanying the recommendations of the
                                       Chairman of the Senate Appropriations Committee). According to DOD officials, DOD
                                       requested funding for the counterdrug schools program in fiscal year 2018; however,
                                       Congress desired greater visibility for the program in the form of a separate budget line
                                       item. DOD officials stated that Congress’s request for greater visibility was partially
                                       addressed in the fiscal year 2019 budget request and has now been fully implemented for
                                       the fiscal year 2020 budget request.




                                       Page 10                                                          GAO-19-27 Drug Control
Roles and Responsibilities   On July 31, 2002, the Deputy Secretary of Defense issued a
                             memorandum that, among other things, assigned responsibility for DOD’s
                             counternarcotics program to the Deputy Assistant Secretary of Defense
                             for Counternarcotics. 24 The responsibilities include developing and
                             implementing DOD’s counternarcotics policy, conducting analyses,
                             making recommendations, and issuing guidance regarding DOD’s
                             counternarcotics plans and programs. In addition, the office is responsible
                             for coordinating and monitoring DOD’s counternarcotics plans and
                             programs to ensure adherence to this policy.

                             Chief National Guard Bureau Instruction 3100.01A, National Guard
                             Counterdrug Support, establishes policy and assigns responsibilities for
                             the National Guard counterdrug program. 25 The instruction assigns the
                             Director of the National Guard Domestic Operations and Force
                             Development as the proponent for the program. The Director’s
                             responsibilities include publishing supporting documents for the
                             instruction, verifying that the plans outlining each state’s proposed
                             activities are consistent with annual instructions published by the Office of
                             the Deputy Assistant Secretary of Defense for Counternarcotics and
                             Global Threats and are processed efficiently and on-time, and conducting
                             periodic evaluations of program operations at the state level.




                             24
                              Deputy Secretary of Defense Memorandum, Department of Defense Counternarcotics
                             Policy (July 31, 2002). Today, the official is named the Deputy Assistant Secretary of
                             Defense for Counternarcotics and Global Threats.
                             25
                               Chief National Guard Bureau Instruction 3100.01A, National Guard Counterdrug
                             Support (June 22, 2015). This instruction applies to National Guard personnel when not in
                             federal service.




                             Page 11                                                           GAO-19-27 Drug Control
DOD Lacks a Current
Strategy and
Guidance for the
National Guard
Counterdrug Program
DOD Counternarcotics   DOD’s 2011 Counternarcotics and Global Threats Strategy, the governing
and Global Threats     strategy for the National Guard counterdrug program, is outdated and
                       does not reflect current drug threats outlined in more recent executive
Strategy Is Outdated   branch strategies. 26 While the 2011 Counternarcotics and Global Threats
                       Strategy shares common themes with the updated executive branch
                       strategies, such as the importance of combatting transnational criminal
                       organizations involved in drug trafficking, it has not been updated to
                       reflect changes in the drug threats faced by the United States that are
                       outlined by the more recent executive branch strategies. Table 2 provides
                       details on national-level strategies that have been released since 2011.




                       26
                        Department of Defense Counternarcotics and Global Threats Strategy (Apr. 27, 2011).




                       Page 12                                                        GAO-19-27 Drug Control
Table 2: Executive Branch Strategies Addressing U.S. Drug Threats, 2012 through 2018

 Strategy                                             Source                         Releases since 2011           Purpose
 National Drug Control Strategy                       Office of National Drug        2012, 2013, 2014, 2015,       Outlines the President’s drug policy to
                                                      Control Policy                 and 2016                      reduce illicit drug use and its
                                                                                                                   consequences in the United States
 National Security Strategy                           President                      2015 and 2017                 Describes international interests,
                                                                                                                   goals, and objectives of the United
                                                                                                                   States that are vital to national security
                                                                                                                   and plans for achieving them
 National Defense Strategy                            Secretary of Defense           2012 and 2018                 Outlines the President’s strategic
                                                                                                                   direction and priorities for the
                                                                                                                   Department of Defense
 National Southwest Border                            Office of National Drug        2013 and 2016                 Outlines the Federal, State, local, tribal
 Counternarcotics Strategy                            Control Policy                                               and international actions that will
                                                                                                                   reduce the flow of illicit drugs, cash,
                                                                                                                   and weapons across the southwest
                                                                                                                   border of the United States
 National Northern Border                             Office of National Drug        2012 and 2014                 Outlines plans for preventing the illegal
 Counternarcotics Strategy                            Control Policy                                               trafficking of drugs across the northern
                                                                                                                   border of the United States
 Caribbean Border                                     Office of National Drug        2015                          Outlines the United States’ framework
 Counternarcotics Strategy                            Control Policy                                               for reducing the threats associated
                                                                                                                   with drugs at the Caribbean border
Source: GAO analysis of national-level strategies. I GAO-19-27




                                                                 The Office of National Drug Control Policy released a new National Drug
                                                                 Control Strategy each year between 2011 and 2016. 27 Each update
                                                                 discussed the threat posed by opioids, which the 2016 update labeled as




                                                                 27
                                                                   The Office of National Drug Control Policy is a component of the Executive Office of the
                                                                 President. This office is responsible for, among other things, overseeing and coordinating
                                                                 implementation of national drug control policy and responding to emerging threats related
                                                                 to illicit drug use. 21 U.S.C. § 1702(a).




                                                                 Page 13                                                            GAO-19-27 Drug Control
the greatest drug threat facing the nation. 28 The 2017 National Security
Strategy also addressed opioids by emphasizing the need to dismantle
transnational criminal organizations that feed the illicit opioid epidemic. 29
However, DOD’s 2011 Counternarcotics and Global Threats Strategy
does not address the domestic opioid epidemic. In addition, the 2016
National Southwest Border Counternarcotics Strategy states that the
increased role of Mexican heroin manufacturers and traffickers is altering
previously established trafficking patterns. While the 2011
Counternarcotics and Global Threats Strategy considers the illicit
trafficking of cocaine from the Southwest border, it does not consider
changes in the heroin threat. 30 Further, because DOD’s Counternarcotics
and Global Threats Strategy has not been updated, it does not take into
consideration other strategies that have since been issued, such as the
2015 Caribbean Border Counternarcotics Strategy. 31 According to officials
from the National Guard Bureau, DOD’s 2011 counternarcotics strategy
only addresses the National Guard counterdrug program in a limited
capacity and therefore they are challenged to provide strategic direction
to the state counterdrug programs.

DOD’s 2011 Counternarcotics and Global Threats Strategy states that
officials will ensure that the strategy remains consistent with and
integrates key DOD and executive branch strategies, such as National
Drug Control Strategy. It also states that, given the dynamic environment
within which the challenges related to the flow and impact of illegal drugs
exist, the strategy is meant to be a living document, to be modified

28
  The United States has experienced a recent rise in opioid use involving the abuse of
prescription drugs and more traditional illicit opioids, such as heroin. Coinciding with this
increase, there has been a significant increase in the use of man-made (synthetic)
opioids, such as fentanyl and fentanyl analogues, which are a main contributor to the
spikes in overdose deaths. To respond to the rise in opioid use, the President directed the
Acting Secretary of Health and Human Services to declare the drug demand and opioid
crisis to be a public health emergency on October 26, 2017. That day, the Acting Health
and Human Services Secretary declared the public health emergency under the Public
Health Service Act, 42 U.S.C. § 247d. GAO, Illicit Opioids: While Greater Attention Given
to Combating Synthetic Opioids, Agencies Need to Better Assess their Efforts,
GAO-18-205 (Washington, D.C.: Mar. 29, 2018).
29
  The White House, National Security Strategy of the United States of America
(December 2017).
30
  Office of National Drug Control Policy, National Southwest Border Counternarcotics
Strategy (May 2016).
31
  Office of National Drug Control Policy, Caribbean Border Counternarcotics Strategy
(January 2015).




Page 14                                                             GAO-19-27 Drug Control
regularly. However, officials from the Office of the Deputy Assistant
Secretary of Defense for Counternarcotics and Global Threats
acknowledged that they have not regularly modified the strategy and that
the security environment has changed. These officials stated that they
have been in the process of developing an updated Counternarcotics and
Global Threats Strategy with revised strategic goals and objectives since
2013, but the document has not been signed and released by the
Secretary of Defense. DOD officials stated that after the 2018 National
Defense Strategy was issued, they delayed the release of an updated
Counternarcotics and Global Threats Strategy in order to ensure
alignment between the two documents. However, according to DOD
officials, the 2018 National Defense Strategy, which was issued in
January 2018, did not address DOD counternarcotics efforts as they had
anticipated, requiring them to reconsider their approach.

Officials from the Office of the Deputy Assistant Secretary of Defense for
Counternarcotics and Global Threats stated that they now plan to issue a
strategic framework, which would allow them to respond to changes in the
security environment more quickly because updates to the framework
would not require Secretary of Defense approval, as is the case with a
DOD strategy. However, they stated that they are now waiting for the
release of a new National Drug Control Strategy before issuing the
framework. 32 Officials with the Office of National Drug Control Policy
stated that, while they have drafted a new National Drug Control Strategy,
they have not committed to an issuance date and are waiting for their new
director to be confirmed by the Senate before proceeding with reviewing
and issuing the draft. 33 However, a substantial amount of time has lapsed
since DOD’s counternarcotics strategy was last issued—over 7 years—
and there have been significant developments during that time in the
nature of the drug threats facing the United States. DOD officials
acknowledged that because the process to update its strategic framework
requires less review than a full strategy, DOD could quickly update it, if

32
  The Office of National Drug Control Policy is required to develop a comprehensive
annual National Drug Control Strategy that sets forth a plan to reduce illicit drug use and
the consequences of such illicit drug use in the United States by limiting the availability of,
and reducing the demand for, illegal drugs. As of January 2019, a new strategy has not
been issued.
33
  Current and former members of the House Oversight and Government Reform
Committee have expressed concern regarding the lack of a current National Drug Control
Strategy. GAO has ongoing work related to the programs and strategy of Office of
National Drug Control Policy, which is planned for release in 2019.




Page 15                                                               GAO-19-27 Drug Control
                         necessary, to ensure that it aligns with a new National Drug Control
                         Strategy once one is released. Without a DOD counternarcotics and
                         global threats strategic framework that reflects DOD’s current strategic
                         priorities and drug threats, the National Guard counterdrug program risks
                         focusing activities and resources in areas that are less imperative to
                         address than others and that do not counter current drug threats.


The National Guard       The National Guard Bureau had guidance—National Guard Regulation
Bureau Does Not Have     500-2—that prescribed policies, procedures, and responsibilities for the
                         National Guard counterdrug program, but it was rescinded in September
Guidance for Operating
                         2014 by Chief National Guard Bureau Instruction 3100.01 to conform with
and Administering the    new National Guard publications guidance, according to National Guard
Counterdrug Program      Bureau officials. Chief National Guard Bureau Instruction 3100.01A,
                         which replaced Chief National Guard Bureau Instruction 3100.01 in June
                         2015, establishes policies and assigns responsibilities for the National
                         Guard counterdrug program, but it does not provide detailed procedures
                         and processes that states can use to implement these policies. For
                         example, National Guard Regulation 500-2 provided information on how
                         states should operate and administer the National Guard counterdrug
                         program, including how to perform counterdrug financial management,
                         acquisition and logistics management, personnel and administration,
                         records and reports, and operate the counterdrug schools. Chief National
                         Guard Bureau Instruction 3100.01A does not provide these types of
                         instructions. State counterdrug program officials we interviewed stated
                         that without the detailed procedures and processes included in National
                         Guard Regulation 500-2, they have no administrative guidance regarding
                         hiring, retirement, budgeting, and planning for their counterdrug
                         programs. Additionally, National Guard Bureau officials stated that they
                         do not have procedures and processes instructing states on how to
                         provide cross-state support. For example, there are currently no
                         guidelines on how a state that can perform aerial reconnaissance
                         activities could provide these resources to another state upon request.
                         National Guard Bureau officials told us they should have guidelines to
                         facilitate cross-state support. 34 Table 3 provides an overview of National
                         Guard Bureau publications.



                         34
                           National Guard Bureau officials stated that states seeking cross-state support must
                         maintain an approved state plan that authorizes the performance of the activity for which
                         they are requesting support.




                         Page 16                                                            GAO-19-27 Drug Control
Table 3: National Guard Bureau Publications

 Issuance                                                        Purpose                                                     Status
 National Guard Regulation 500-2/ Air                            Prescribes policies, procedures, and responsibilities       Replaced by Chief National
 National Guard Instruction 10-801                               governing the utilization of National Guard and             Guard Bureau Instruction
                                                                 Department of Defense resources in the National Guard       3100.01
                                                                 counterdrug program and the National Guard
                                                                 counterdrug schools.
 Chief National Guard Bureau Instruction                         Establishes policies and assigns responsibilities for the   Current (last updated June
 3100.01A                                                        National Guard counterdrug program                          22, 2015)
 Chief National Guard Bureau Manual                              Provide detailed procedures and processes to                Not issued
                                                                 implement policy established by Chief National Guard
                                                                 Bureau Instruction 3100.01A
Source: GAO analysis of National Guard Bureau publications. I GAO-19-27




                                                                To help implement policy established by Chief National Guard Bureau
                                                                instructions, the National Guard Bureau can issue more detailed guidance
                                                                on the corresponding procedures and processes in the form of a Chief
                                                                National Guard Bureau Manual. 35 Additionally, Chief National Guard
                                                                Bureau Instruction 3100.01A, National Guard Counterdrug Support,
                                                                assigns the Director of National Guard Domestic Operations and Force
                                                                Development the responsibility to publish supporting documents to
                                                                implement the instruction and counterdrug program when required.
                                                                However, the National Guard Bureau officials acknowledge that they have
                                                                not issued a manual that provides detailed procedures and processes to
                                                                implement National Guard counterdrug program policies since the prior
                                                                operating guidance in the National Guard regulation was rescinded in
                                                                September 2014.

                                                                National Guard Bureau officials stated that they intended to publish a
                                                                Chief National Guard Bureau Manual in September 2014, concurrent with
                                                                Chief National Guard Bureau Instruction 3100.01, which would have
                                                                provided additional operating guidance for administering and operating
                                                                the counterdrug program. However, according to National Guard officials,
                                                                issuance of the manual was delayed because of disagreements among
                                                                National Guard Bureau officials about its content. Specifically, some
                                                                National Guard Bureau officials stated that the draft manual was too
                                                                focused on support for Title 10 activities and did not adequately address
                                                                Title 32 support, which reflects the bulk of the activities conducted by the

                                                                35
                                                                  Chief National Guard Bureau Instruction 5000.01A, Chief of the National Guard Bureau
                                                                Issuances (Apr. 26, 2017).




                                                                Page 17                                                           GAO-19-27 Drug Control
                        program. National Guard Bureau officials stated that they intended to re-
                        issue National Guard Regulation 500-2 as interim guidance until they
                        completed the Chief National Guard Bureau Manual; however, they have
                        yet to do so because they have been focused on other efforts. National
                        Guard Bureau officials stated that they have now worked with state
                        counterdrug program officials to more adequately address Title 32
                        support activities and intend to publish a Chief National Guard Bureau
                        Manual in June 2019.

                        The draft manual is in the beginning of the review process. However, the
                        National Guard Bureau will not have guidance to operate the counterdrug
                        program until at least June 2019. Without interim guidance that provides
                        detailed procedures and processes for the National Guard counterdrug
                        program, such as reissuing National Guard Regulation 500-2, states will
                        continue to be left without clear instructions on how to operate and
                        administer the program, such as how and when to provide support across
                        state lines and to interagency partners.


                        The federal government has operated under a continuing resolution for 36
The National Guard      of the last 40 years. National Guard counterdrug program officials stated
Bureau Has Taken        that they have experienced program disruptions during these periods.
                        The disruptions described by the officials are similar to the problems that
Steps to Improve the    other programs experience during continuing resolutions. 36 For example,
Availability of Funds   National Guard Bureau officials stated that continuing resolutions have
                        created challenges for the National Guard counterdrug program in fully
When Operating          obligating its funds. DOD data show that the program obligated 84 and 82
under Continuing        percent of total budget authority amounts in fiscal year 2011 and 2013
                        respectively, although the gap between total budget authority amounts
Resolutions             and obligations has decreased since then. According to National Guard
                        officials, the differences over the years between the amounts obligated
                        and total budget authority amounts were partly due to the timing and
                        amount of funding received by the program. Specifically, they stated that
                        it is difficult to fully obligate funds when DOD provides them with a
                        significant portion of their funding close to the end of the fiscal year.
                        36
                          In 2009, we examined the effect of continuing resolutions on selected case study
                        agency operations. We found that all six case study agencies reported that operating
                        within the limitations of the continuing resolutions resulted in inefficiencies, including
                        delays to certain activities such as hiring, and repetitive work, including issuing multiple
                        grants or contracts. GAO, Continuing Resolutions: Uncertainty Limited Management
                        Options and Increased Workload in Selected Agencies, GAO-09-879 (Washington, D.C.:
                        Sept. 24, 2009).




                        Page 18                                                              GAO-19-27 Drug Control
                                       Remaining unobligated amounts are transferred back to DOD’s Drug
                                       Interdiction and Counterdrug Activities, Defense account. 37 Figure 3
                                       details the counterdrug program’s obligations from fiscal years 2010
                                       through 2017. 38

Figure 3: National Guard Counterdrug Program Obligation Amounts and Total Budget Authority Amounts, Fiscal Years 2010
through 2017




                                       Note: The National Guard counterdrug program’s obligations may be above or below the
                                       congressionally-directed program level which does not equal total budget authority available for the
                                       National Guard’s counterdrug program in a given year. In no year did programmatic obligations
                                       exceed actual budget authority.



                                       State counterdrug program officials stated that the timing of DOD’s
                                       distribution of funds also creates program execution challenges. For
                                       example, state counterdrug program officials stated that prior to fiscal
                                       year 2017, they began each year with a minimal number of personnel
                                       performing state drug interdiction and counterdrug activities until DOD
                                       37
                                         Funds transferred from the Drug Interdiction and Counterdrug Activities, Defense
                                       account to various other programs, including the National Guard program, can be
                                       transferred back to the account upon a determination that all or part of the funds are not
                                       necessary and remain unobligated. For an overview of DOD’s process to fund the
                                       National Guard counterdrug program, see appendix III.
                                       38
                                         See appendix I for additional information on the National Guard counterdrug program’s
                                       total budget authority and obligation amounts for fiscal years 2010 through 2017.




                                       Page 19                                                                    GAO-19-27 Drug Control
                                        provided more funding to the program after the enactment of the
                                        appropriation for the remainder of the fiscal year. Thereafter, state
                                        program officials stated that they increased the number of National Guard
                                        personnel supporting National Guard counterdrug program activities.
                                        However, state program officials said that after the appropriation expired
                                        at the end of each fiscal year, they were once again forced to reduce the
                                        number of personnel performing state drug interdiction and counterdrug
                                        activities until the enactment of another final appropriation was passed.
                                        Figure 4 provides a summary of the number of National Guard personnel
                                        performing state drug interdiction and counterdrug activities by month
                                        during fiscal years 2012 through 2017.

Figure 4: Number of National Guard Personnel Performing State Drug Interdiction and Counterdrug Activities by Month,
Fiscal Years 2012 through 2018




                                        Note: This figure does not include personnel in a Title 10 active duty status, such as those supporting
                                        some counterthreat finance activities or personnel supporting international counterdrug efforts.



                                        According to state counterdrug program officials, the majority of funds
                                        provided after a final appropriation is passed fund temporary personnel
                                        and seasonal work, rather than analysis support activities deemed a
                                        priority for the National Guard counterdrug program by the Office of the
                                        Deputy Assistant Secretary of Defense for Counternarcotics and Global
                                        Threats. State counterdrug program officials stated that this is because
                                        they cannot hire, train, and integrate personnel on a full-time basis and


                                        Page 20                                                                     GAO-19-27 Drug Control
that law enforcement agencies are looking more for long-term, rather than
temporary support. State counterdrug officials told us that as a result of
the funding uncertainty they experience significant fluctuations in the
number of personnel performing state drug interdiction and counterdrug
activities and that they are challenged in obtaining and retaining highly
qualified National Guard personnel. Additionally, state counterdrug
program officials stated that withdrawing National Guard personnel from
partner organizations after appropriations expire can severely affect their
operations and diminish trust between counterdrug programs and law
enforcement partners.

According to National Guard Bureau officials, the National Guard Bureau
revised its process for funding the National Guard counterdrug program in
fiscal year 2017 to try to mitigate the effects of DOD’s process for
providing funds under continuing resolutions on the program. Specifically,
the National Guard Bureau worked with the Army and Air National Guard
budget execution offices to establish a process to expedite funding made
available to the state-level counterdrug programs. Under the revised
process, the Army and Air National Guard budget execution offices
reprogram available amounts from other programmatic activities, such as
funds for annual training, to the counterdrug program earlier in the fiscal
year. According to Army and Air National Guard budget execution
officials, amounts provided through reprogramming are based on a
number of factors, including prior years’ appropriations for the program,
execution levels, current-year appropriations and congressional
directions, and an assessment of risk to the other activities. 39

The National Guard Bureau and state counterdrug program officials
stated that this revised funding process has helped mitigate challenges
arising from uncertainty of when and how much funding would be
provided to the states. 40 For example, state counterdrug program officials
said that in fiscal year 2017, the funding process enabled them to retain
more personnel on orders and decrease the amount of funds that went

39
  Officials from the National Guard Bureau and Army and Air National Guard budget
execution offices stated that the amounts provided to the National Guard counterdrug
program from other programs’ available funding is replenished when the National Guard
counterdrug program receives program funding from the Office of the Deputy Assistant
Secretary of Defense for Counternarcotics and Global Threats.
40
  Appendix IV provides an overview of amounts received by the National Guard
counterdrug program during each appropriations period for fiscal years 2014 through
2018.




Page 21                                                          GAO-19-27 Drug Control
                         unspent. The total number of personnel assigned to the National Guard
                         counterdrug program at the beginning of fiscal year 2018 was
                         approximately 2,250. Conversely, the program began fiscal year 2016
                         with approximately 1,350 personnel on orders. In addition, program
                         officials stated that the process to provide funding earlier in the fiscal year
                         helped them to obligate almost 97 percent of the total budget authority in
                         fiscal year 2017, a higher percentage compared to many of the previous
                         fiscal years. National Guard officials stated that while reprogramming
                         amounts from other programmatic activities has helped to address the
                         fiscal challenges of the National Guard counterdrug program, they cannot
                         provide assurance that this funding process will continue from year to
                         year. However, National Guard Bureau officials have assessed the risks
                         and believe this is the best solution available for funding the program
                         during a continuing resolution until the enactment of the final
                         appropriation.



DOD Could Improve
Its Processes for
Approving and
Distributing Funds to
State Counterdrug
Programs
DOD Has Provided         DOD has established a process for development and review of the state
Funding to State         plans—an annual plan of each state’s counterdrug activities—to ensure
                         that state counterdrug program activities reflect DOD’s counternarcotics
Counterdrug Programs
                         strategic priorities. However, since at least 2009 DOD has not met the
without Approved Plans   statutory requirement to examine the adequacy of state plans prior to
                         distributing funding to state counterdrug programs. 41

                         To develop the state plans, counterdrug coordinators in each state
                         counterdrug program use guidance in annual memorandums issued by




                         41
                          32 U.S.C. § 112(d)(1).




                         Page 22                                                   GAO-19-27 Drug Control
DOD. 42 According to the guidance, the plans should identify the state’s
counterdrug priorities and how each state counterdrug program intends to
obligate its available funds. Counterdrug coordinators then work with their
state’s Adjutant General, Attorney General, and Governor, who each
review and sign them, before the plans are sent to the National Guard
Bureau for further review. Once the National Guard Bureau reviews the
plans, they are forwarded to the Office of the Deputy Assistant Secretary
of Defense for Counternarcotics and Global Threats. Officials from that
office review the plans and make recommendations to the Secretary of
Defense to approve or disapprove the plans. Based on these
recommendations, the Secretary of Defense reviews the plans for
adequacy, and when satisfied, signs a memorandum of agreement
approving the plans. 43 Figure 5 provides an outline of the process to
approve state plans for their counterdrug activities.




42
  DOD has provided the National Guard counterdrug program with annual state plans
development memorandums that list specific activities on which state counterdrug
programs should focus their efforts and provide instructions programs should use when
developing their state plans.
43
  Section 112(c) of title 32 requires that state plans shall: (1) specify how personnel of the
National Guard of that State are to be used in drug interdiction and counter-drug activities;
(2) certify that those operations are to be conducted at a time when the personnel involved
are not in Federal service; (3) certify that participation by National Guard personnel in
those operations is service in addition to training required under section 502 of title 32; (4)
certify that any engineer-type activities (as defined by the Secretary of Defense) under the
plan will be performed only by units and members of the National Guard; (5) include a
certification by the Attorney General of the State (or, in the case of a State with no position
of Attorney General, a civilian official of the State equivalent to a State attorney general)
that the use of the National Guard of the State for the activities proposed under the plan is
authorized by, and is consistent with, State law; and (6) certify that the Governor of the
State or a civilian law enforcement official of the State designated by the Governor has
determined that any activities included in the plan that are carried out in conjunction with
Federal law enforcement agencies serve a State law enforcement purpose.




Page 23                                                              GAO-19-27 Drug Control
Figure 5: Department of Defense’s Process for Approving State Drug Interdiction and Counterdrug Activities Plans




                                         However, since at least 2009, DOD has provided funding to the state
                                         counterdrug programs prior to the Secretary of Defense approving states’
                                         plans for their counterdrug activities, according to National Guard Bureau
                                         officials. This is inconsistent with section 112 of title 32 of the United
                                         States Code, which requires that before funds are provided to the
                                         Governor of a state for counterdrug activities and before members of the
                                         National Guard of that State are ordered to full-time National Guard duty,
                                         the Secretary of Defense must examine the adequacy of the plan
                                         submitted by the Governor. We found that that the delay in approval of
                                         states’ plans for their counterdrug activities has worsened since 2009,
                                         and in fiscal year 2018, approval took over 9 months (283 days) after




                                         Page 24                                                     GAO-19-27 Drug Control
funding was provided at the beginning of the fiscal year. 44 Figure 6
provides information on the number of days between the beginning of the
fiscal year, when states received funding, and when all plans were
approved in fiscal years 2009 through 2018.

Figure 6: Number of Days Between the Beginning of the Fiscal Year and when the
Department of Defense Approved All State Drug Interdiction and Counterdrug
Activities Plans, Fiscal Years 2009 through 2018




Note: The start of the fiscal year begins on October 1. According to officials from the Office of the
Deputy Assistant Secretary of Defense for Counternarcotics and Global Threats, in fiscal year 2018,
all states’ drug interdiction and counterdrug activities plans were approved on May 17, 2018, except
for Michigan’s plan, which was returned for revision. The Michigan plan was subsequently approved
on July 10, 2018.



Officials from the Office of the Deputy Assistant Secretary of Defense for
Counternarcotics and Global Threats and the National Guard Bureau
stated that several factors have contributed to delays in the state plan
approval process. First, officials stated that, prior to fiscal year 2016, the

44
  According to officials from the Office of the Deputy Assistant Secretary of Defense for
Counternarcotics and Global Threats, in fiscal year 2018, all but one of the state plans
were approved on or before May 17, 2018. Officials stated that the final state plan was
returned to the state for a revision, and was ultimately approved on July 10, 2018.
However DOD had provided funds to all the state counterdrug programs at the beginning
of the fiscal year prior to approving state plans.




Page 25                                                                    GAO-19-27 Drug Control
National Guard Bureau submitted state plans to the Office of the Deputy
Assistant Secretary of Defense for Counternarcotics and Global Threats
signed by the Division Chief of the National Guard counterdrug program,
a colonel in the Army or the Air Force. However, in fiscal year 2016,
officials from the Office of the Secretary of Defense found the
Counterdrug Program Division Chief’s review and approval of the state
plans to be insufficient because the approving official did not have the
appropriate rank to approve state plans on behalf of the National Guard
Bureau. As a result, officials from the National Guard Bureau elevated the
level of approval within the National Guard Bureau to the National Guard
Bureau Joint Staff Director of Domestic Operations and Force
Development, a Major General in the Army National Guard or Air National
Guard. Officials from the Office of the Deputy Assistant Secretary of
Defense for Counternarcotics and Global Threats stated that this resulted
in an increase in the number of days that it took the National Guard
Bureau to provide reviewed state plans. Officials stated that they are
working to develop an updated timeline to address delays created by the
approval process. Specifically, officials stated that they are working to
submit the plans for review earlier in order to allow enough time to ensure
that state plans are approved before funds are provided to state
counterdrug programs.

Second, officials from the Office of the Deputy Assistant Secretary of
Defense for Counternarcotics and Global Threats stated that their office
required state plans to include information, such as narratives detailing
states’ planned activities that were not critical to determining plans’
alignment with DOD priorities. In addition, officials stated that, over time,
states had expanded the narratives in their plans, which increased the
length of each submission. As a result of this required information,
officials stated that the department’s review of state plans took longer
than had the extra information not been included. Officials from the Office
of the Deputy Assistant Secretary of Defense for Counternarcotics and
Global Threats stated they have reviewed the statutory requirements for
the plans to identify which components are necessary and streamlined
the format of the plans for use in fiscal year 2019.

Third, officials from the Office of the Deputy Assistant Secretary of
Defense for Counternarcotics and Global Threats stated that in the past
the Office of the Secretary of Defense would not accept state plans from
the National Guard Bureau in batches, but instead insisted on receiving
and reviewing them altogether, delaying the review process. These
officials noted that they have since begun accepting state plans from



Page 26                                                  GAO-19-27 Drug Control
National Guard Bureau in batches in order to speed up the approval
process.

On June 7, 2018, the Office of the Deputy Assistant Secretary of Defense
for Counternarcotics and Global Threats issued a memorandum to the
Chief of the National Guard Bureau that required all states and territories
to submit their plans, through National Guard Bureau and the Joint Staff,
to his office no later than August 31, 2018. According to officials from the
Office of the Deputy Assistant Secretary of Defense for Counternarcotics
and Global Threats, the state plans were to detail fiscal year 2019
National Guard counterdrug program activities and provide the Office of
the Deputy Assistant Secretary of Defense for Counternarcotics and
Global Threats additional time to review state plans prior to the beginning
of the fiscal year.

However, in October 2018, officials from the National Guard Bureau and
the Office of the Deputy Assistant Secretary of Defense for
Counternarcotics and Global Threats told us that none of the fiscal year
2019 plans had been approved prior to the beginning of the fiscal year,
and that DOD had provided state counterdrug programs with funding for
fiscal year 2019. As of mid-November, officials from the Office of the
Deputy Assistant Secretary of Defense for Counternarcotics and Global
Threats told us that 39 of the 54 state plans had been approved. DOD
has not assessed why the steps it took to improve the state plan review
process did not result in timely approval of the state plans. GAO’s
Standards for Internal Control in the Federal Government note that
management should monitor activities and evaluate the results of
programmatic changes. 45 Assessing the revised process for reviewing
states’ plans would enable DOD to determine what additional actions are
needed to ensure the plans are approved by the Secretary of Defense
before funding is provided to state counterdrug programs, as statutorily
required by section 112 of title 32.




45
  GAO, Standards for Internal Control in the Federal Government, GAO-14-704G
(Washington, D.C.: Sept. 10, 2014)




Page 27                                                       GAO-19-27 Drug Control
National Guard Bureau’s       We found that the National Guard Bureau’s funding distribution process
Funding Distribution          does not consider DOD’s strategic counternarcotics priorities. For
                              example, while DOD’s 2011 Counternarcotics and Global Threats
Process Does Not
                              Strategy prioritizes efforts on the southwest and northern borders, the
Incorporate DOD Strategic     National Guard Bureau’s funding distribution process does not specifically
Counternarcotics Priorities   account for this. Rather than taking into account established DOD
                              counternarcotics priorities to inform funding distribution, the National
                              Guard Bureau uses survey results and statistics on drugs from a number
                              of national-level databases to develop a distribution percentage for each
                              state within its threat-based resource model that reflects its relative drug
                              threat. 46 Each state’s threat-based resource model percentage is then
                              applied to the funding transferred to the National Guard Bureau from the
                              Drug Interdiction and Counterdrug Activities, Defense account and
                              disbursed to the 54 state programs. 47 For example, Arizona’s threat
                              percentage was determined to be 6.25 percent based on existing drug
                              threats; as a result, Arizona received about $11.8 million in funding for
                              state plans in fiscal year 2018. 48

                              National Guard Bureau officials stated that while the threat-based
                              resource model’s variables and the data that feed the model relate to
                              DOD strategic counternarcotics priorities, they do not adjust the process
                              to reflect these priorities when distributing funding. When we asked
                              National Guard Bureau officials why its funding distribution process does
                              not consider DOD’s strategic counternarcotics priorities, National Guard
                              Bureau officials stated that they were focused on identifying variables and
                              data sources within the threat-based resource model to reflect relative

                              46
                                An assumption of the threat-based resource model is that each state and territory has
                              unique drug challenges, or threats, that continue to change, adapt, and emerge over time.
                              In order to determine each state counterdrug program’s funding distribution percentage,
                              the National Guard Bureau administers a survey to subject matter experts in each state.
                              Various drug-related variables are weighted against each other based on which variable
                              poses a higher perceived challenge or threat level. After determining the relative weights
                              of each variable in threat-based resource model, the National Guard Bureau establishes a
                              funding distribution percentage for each state by multiplying the weighted variables
                              against raw data on each variable for each state from national-level databases.
                              47
                                See appendix V for more information on the National Guard Bureau’s threat-based
                              resource model.
                              48
                                States’ actual funding distribution percentages may not align with the overall amount of
                              funding they received in a fiscal year because the National Guard Bureau provides
                              additional funding to smaller states to ensure each state has a functional counterdrug
                              program.




                              Page 28                                                            GAO-19-27 Drug Control
              drug threats and did not consider incorporating DOD’s strategic
              counternarcotics priorities as part of the funding distribution process.

              Our work on results-oriented management states that strategy should
              inform program activities and resourcing. 49 In addition, the National Guard
              Bureau reported that the goal of the threat- based resource model is to
              prioritize the most pressing threats from a national perspective, informed
              by current national and DOD counternarcotics strategies. Both the Office
              of the Deputy Assistant Secretary of Defense for Counternarcotics and
              Global Threats and National Guard Bureau officials stated that
              incorporating DOD’s strategic counternarcotics priorities into the National
              Guard Bureau’s funding distribution process would help ensure that DOD
              priorities are resourced. National Guard Bureau officials stated that they
              are considering how to align the funding distribution process with DOD’s
              strategic counternarcotics priorities. They added that the next time they
              could make changes to their funding distribution process would be for use
              in fiscal year 2020. Until the National Guard Bureau incorporates DOD’s
              strategic counternarcotics priorities into the funding distribution process,
              the National Guard Bureau risks directing funding toward lower priority
              counterdrug activities at the expense of higher priority activities.


              The National Guard counterdrug program was established nearly 30
Conclusions   years ago to assist efforts of the Governors of the 50 states, District of
              Columbia, and three U.S. territories in addressing illicit drug production,
              trade, and consumption. The drug threats facing the nation are complex
              and continue to evolve over time, and efforts to combat those threats will
              require continued support from DOD, to include the National Guard
              counterdrug program.

              DOD lacks current strategy and guidance for the National Guard
              counterdrug program. Although DOD has a counternarcotics and global
              threats strategy from 2011, it is outdated and does not reflect current drug
              threats or changes in national-level strategies, which are critical for
              informing DOD’s strategic counternarcotics priorities. Issuing a strategic
              framework will ensure that DOD’s counterdrug priorities are aligned with
              the priorities of other agencies involved in counternarcotics efforts,
              provide direction for DOD’s counternarcotics activities, and ensure that

              49
               GAO, Managing For Results: Enhancing Agency Use of Performance Information for
              Management Decision Making, GAO-05-927, (Washington, D.C.: Sept. 9, 2005).




              Page 29                                                      GAO-19-27 Drug Control
                      the National Guard counterdrug program addresses current drug threats.
                      Further, the National Guard Bureau guidance to operate and administer
                      the program was rescinded and has not been replaced, leaving state
                      counterdrug programs officials without clear instructions on how to
                      operate and administer program activities. Issuing interim guidance would
                      provide detailed processes and procedures that states could use to
                      operate their counterdrug programs. Without current strategy or guidance
                      for the National Guard counterdrug program, it will be difficult for the
                      program to operate effectively.

                      In addition, it is important to ensure that funding is distributed to the state-
                      level programs in support of DOD’s strategic counternarcotics priorities.
                      Although the Secretary of Defense is statutorily responsible for reviewing
                      the adequacy of states’ plans prior to providing funds to the states, these
                      reviews have not occurred before state counterdrug programs received
                      funding. Also, the National Guard Bureau has not incorporated DOD’s
                      strategic counternarcotics priorities into its funding distribution process,
                      which is instead wholly reliant on survey responses and drug data. While
                      these are important factors to consider when distributing funding,
                      incorporating DOD strategic counternarcotics priorities into the National
                      Guard Bureau’s funding distribution process would better inform such
                      decisions. Until DOD’s process to approve state plans and the National
                      Guard Bureau’s process to distribute funding are improved, DOD may not
                      be able to ensure that resources are applied to its strategic
                      counternarcotics priorities.

                      Taken together these actions should improve the Department’s oversight
                      of the National Guard counterdrug program and help ensure that the
                      program uses resources effectively and achieves positive results.


                      We are making five recommendations to DOD.
Recommendations for
Executive Action      The Secretary of Defense should ensure that the Office of the Deputy
                      Assistant Secretary of Defense for Counternarcotics and Global Threats
                      issues its counternarcotics and global threats strategic framework that
                      incorporates relevant national-level strategies and reflects current drug
                      threats, and update it, as appropriate, upon issuance of the new National
                      Drug Control Strategy. (Recommendation 1)

                      The Secretary of Defense should ensure that the Chief of the National
                      Guard Bureau issues interim guidance that provides detailed procedures



                      Page 30                                                    GAO-19-27 Drug Control
                     and processes on how to operate and administer the National Guard
                     counterdrug program. (Recommendation 2)

                     The Secretary of Defense should ensure that the Chief of the National
                     Guard Bureau take steps to ensure it issues a manual to accompany
                     Chief National Guard Bureau Instruction 3100.01A, National Guard
                     Counterdrug Support, by June 2019. (Recommendation 3)

                     The Secretary of Defense should ensure that the Office of the Deputy
                     Assistant Secretary of Defense for Counternarcotics and Global Threats,
                     in coordination with the Chief of the National Guard Bureau, assess the
                     revised process for reviewing states’ plans for their counterdrug activities,
                     and take actions based on the assessment to ensure the plans are
                     approved by the Secretary of Defense before funding is provided to state
                     counterdrug programs, as statutorily required. (Recommendation 4)

                     The Secretary of Defense should ensure that the Chief of the National
                     Guard Bureau incorporate the strategic counternarcotics priorities, to be
                     outlined in DOD’s counternarcotics and global threats strategic
                     framework, into the National Guard Bureau’s funding distribution process.
                     (Recommendation 5)


                     In written comments on a draft of this report, DOD concurred with all five
Agency Comments      of our recommendations and identified actions it plans to take to improve
and Our Evaluation   its oversight of the National Guard counterdrug program. DOD’s
                     comments are reprinted in their entirety in appendix VI. DOD also
                     provided technical comments on a draft of this report, which we
                     incorporated as appropriate. For example, we adjusted the wording of our
                     fifth recommendation, replacing threat-based resource model with funding
                     distribution process, to reflect the department’s technical comment that it
                     is unlikely that the National Guard Bureau would change the threat-based
                     resource model, but rather add strategic priorities to the funding
                     distribution process to meet the intent of our recommendation.

                     We are sending copies of this report to appropriate congressional
                     committees, the Acting Secretary of Defense, the Assistant Secretary of
                     Defense for Special Operations/Low-Intensity Conflict, and the Chief of
                     the National Guard Bureau. In addition, the report is available at no
                     charge on the GAO website at http://www.gao.gov.




                     Page 31                                                  GAO-19-27 Drug Control
If you or your staff has any questions about this report, please contact me
at (202) 512-2775 or fielde1@gao.gov. Contact points for our Office of
Congressional Relations and Public Affairs may be found on the last page
of this report. GAO staff who made major contributions to this report are
listed in appendix VIII.




Elizabeth A. Field, Acting Director
Defense Capabilities and Management




Page 32                                                GAO-19-27 Drug Control
Appendix I: National Guard Counterdrug
              Appendix I: National Guard Counterdrug
              Program Funding by Project Code



Program Funding by Project Code

              Department of Defense (DOD) budgets for National Guard counterdrug
              program activities using 5 projects codes:

              7403—State Plans—funds DOD support to U.S. State Governors in
              accordance with State requests in the form of drug interdiction and
              counter-drug activities plans submitted in accordance with 32 U.S.C. §
              112(c).

              7415—Counterdrug Schools—funds five National Guard Counterdrug
              Schools as authorized by §901 of the Office of National Drug Control
              Policy Reauthorization Act of 2006, as amended, and as identified in
              plans submitted by host State Governors to the Secretary of Defense in
              accordance with 32 U.S.C. § 112(c).

              9301—Counterthreat Finance—funded reserve military pay and
              associated support costs for National Guard personnel in support of
              State, Federal, and Combatant Command efforts to identify, target, and
              disrupt illicit financial systems that enable drug trafficking, and when vital
              to U.S. national security interests—terrorism and transnational organized
              crime. 1

              1295—Linguist and Data Analysis—funds DOD support for combatant
              command and interagency law enforcement efforts to detect and disrupt
              transnational criminal organizations’ operations using linguistic and
              analytical skills of National Guard personnel.

              9498—Linguist Support—funds language transcription, translation, and
              data analysis support to the U.S. Department of Justice and Drug
              Enforcement Administration using Utah National Guard personnel.

              DOD’s budget request for the National Guard counterdrug program
              increased steadily from fiscal year 2004 through fiscal year 2012, peaking
              at just more than $205 million. However, in fiscal year 2013 DOD’s
              budget request for the program decreased substantially and continued to
              decline through fiscal year 2017. The decrease in requested funding
              1
               The Office of the Deputy Assistant Secretary of Defense for Counternarcotics and Global
              Threats recategorized counterthreat finance activities in fiscal year 2018 and beyond to
              more accurately reflect the type of National Guard investigative case analysis support
              provided to law enforcement. Based on guidance provided by the Office of the Deputy
              Assistant Secretary of Defense for Counternarcotics and Global Threats, funds previously
              provided to the National Guard Bureau under project code 9301 were to be rolled into
              project code 7403, state plans, for disbursement in fiscal year 2019.




              Page 33                                                          GAO-19-27 Drug Control
                                                              Appendix I: National Guard Counterdrug
                                                              Program Funding by Project Code




                                                              amounts for the program is primarily in the State Plans and Counterdrug
                                                              Schools project codes. In fiscal year 2018, the budget request for the
                                                              program increased slightly and included additional funding amounts within
                                                              the State Plans and Counterdrug Schools project codes. Table 4 provides
                                                              a summary of DOD’s budget request for the National Guard counterdrug
                                                              program, by project code, in fiscal years 2004 through 2018.

Table 4: Department of Defense’s (DOD) Budget Request for the National Guard Counterdrug Program, Fiscal Years 2004
through 2018
(Nominal Dollars in Thousands by Fiscal Year)

Project
Code                   2004       2005       2006        2007       2008      2009    2010     2011     2012     2013      2014     2015     2016      2017     2018
7403—State          160,309 164,746 166,696 166,496 169,148 172,171 176,365 177,691 179,718 105,853 104,688                        86,698   80,075   79,077    88,307
Plans
7415—                  4,747      4,799      4,855       8,921      9,126     9,809   9,989   10,151   10,286    8,622     4,909      N/A    5,000     4,877    5,182
Counterdrug
Schools
9301—                    N/A        N/A         N/A        N/A          N/A    N/A     N/A       N/A      N/A    2,526     2,525    2,767    2,823     2,981    3,289
Counterthreat
Finance
1295—                  3,936      7,672      7,777       6,885      7,025     7,178   7,300    7,379    7,460    7,588     7,590    7,759    8,704     8,378   10,781
Linguist and
Data Analysis
9498—                  6,102      6,733      6,920       7,111      7,334     7,567   7,673    7,737    7,825    7,971     7,945    8,073    8,227     7,979    8,794
Linguist
Support
Total               175,094 183,950 186,248 189,413 192,633 196,725 201,327 202,958 205,289 132,560 127,657 105,297 104,829 103,292 116,353
Source: GAO Analysis of Department of Defense (DOD) data. I GAO-19-27

                                                              Note: DOD’s budget request for the Counterthreat Finance project code did not begin until 2013.
                                                              Therefore no requested funding amount is recorded in this project code from fiscal years 2004
                                                              through 2012. In addition, DOD did not request funding for the National Guard counterdrug schools in
                                                              fiscal year 2015 because, according to officials from the Office of the Deputy Assistant Secretary of
                                                              Defense for Counternarcotics and Global Threats, they did not have a full understanding of the
                                                              counterdrug schools’ activities and wanted to assess the schools’ training efforts before requesting a
                                                              specific amount for this project code.



                                                              Since at least 2004, Congress has directed increases above DOD’s
                                                              budget request level for the activities of the National Guard counterdrug
                                                              program. Congressionally-directed increases have been directed to the
                                                              State Plans and Counterdrug Schools project codes. Beginning in fiscal
                                                              year 2013, congressionally-directed increases have generally made up
                                                              half or more of the total funding appropriated to the National Guard
                                                              counterdrug program. Table 5 provides a summary of congressionally-




                                                              Page 34                                                                    GAO-19-27 Drug Control
                                                              Appendix I: National Guard Counterdrug
                                                              Program Funding by Project Code




                                                              directed increases for the National Guard counterdrug program, by
                                                              project code, in fiscal years 2004 through 2018.

Table 5: Congressionally-Directed Increases for the National Guard Counterdrug Program, Fiscal Years 2004 through 2018

(Nominal Dollars in Thousands by Fiscal Year)

Project
Code                  2004      2005       2006       2007      2008     2009    2010     2011    2012      2013      2014     2015      2016      2017      2018
7403—State          40,160 43,625 42,205 47,560 42,504 46,000 31,400 40,170 40,000 118,912 125,049 76,000 110,000 134,877 125,182
Plans
7415—               14,035 11,900 11,325 13,660 14,160 13,500 15,800                      9,830 10,000     11,088     4,951 10,000      15,000   15,123    19,818
Counterdrug
Schools
9301—                   N/A        N/A       N/A        N/A        N/A    N/A      N/A      N/A     N/A       N/A       N/A      N/A       N/A       N/A       N/A
Counterthreat
Finance
1295—                   N/A        N/A       N/A        N/A        N/A    N/A      N/A      N/A     N/A       N/A       N/A      N/A       N/A       N/A       N/A
Linguist and
Data Analysis
9498—                   N/A        N/A       N/A        N/A        N/A    N/A      N/A      N/A     N/A       N/A       N/A      N/A       N/A       N/A       N/A
Linguist
Support
Total               54,195 55,525 53,530 61,220 56,664 59,500 47,200 50,000 50,000 130,000 130,000 86,000 125,000 150,000 145,000
Source: GAO Analysis of Department of Defense (DOD) data. I GAO-19-27

                                                              Note: Project codes 9301, 1295, and 9498 did not receive funds from congressionally-directed
                                                              increases. Unless otherwise stated, total amounts reflect congressionally-directed increases as
                                                              written in joint explanatory statements or conference reports accompanying the appropriations. There
                                                              were no joint explanatory statements or conference reports in fiscal year 2011. Amounts for project
                                                              codes 7403 and 7415 as shown above reflect DOD’s reprogramming in response to congressional
                                                              direction.



                                                              According to DOD’s data, total budget authority for the National Guard
                                                              counterdrug program varied from fiscal year 2010 through fiscal year
                                                              2017. Total budget authority may be above or below congressionally-
                                                              enacted amounts because DOD can transfer or reprogram amounts into
                                                              other authorized accounts and activities based on program requirements.
                                                              Table 6 provides a summary of total budget authority for the National
                                                              Guard counterdrug program, by project code, in fiscal years 2010 through
                                                              2017.




                                                              Page 35                                                                   GAO-19-27 Drug Control
                                                              Appendix I: National Guard Counterdrug
                                                              Program Funding by Project Code




Table 6: Total Budget Authority for the National Guard Counterdrug Program, Fiscal Years 2010 through 2017

(Nominal Dollars in Thousands by Fiscal Year)

Project Code                                                2010          2011          2012          2013          2014          2015          2016          2017
                                                                                                                         a
7403—State Plans                                        219,814         212,493      214,029       221,652      179,322        162,335       187,078       214,170
7415—Counterdrug Schools                                  27,361         21,335       23,621        19,961          8,693       10,130        21,820        20,007
9301—Counterthreat Finance                                    N/A           N/A         2,500         2,549         2,279         2,977         3,674         4,031
1295—Linguist and Data Analysis                            7,469          9,191         9,427         8,797       11,887          9,719       10,475          8,761
9498—Linguist Support                                      7,705          7,803         8,795         9,601       10,760          8,110         8,336         7,713
Total                                                   262,349         250,822      258,372       262,560       212,941       193,271       231,383       254,682
Source: GAO analysis of Department of Defense (DOD) data. | GAO-19-27
                                                              a
                                                               Fiscal year 2014 reflects a reduction of $41 million by DOD to 7403—State Plans project code—to
                                                              address a congressional reduction to the DOD Drug Interdiction and Counterdrug Activities, Defense
                                                              account of $50 million for prior-year under-execution. According to officials from the Office of the
                                                              Deputy Assistant Secretary of Defense for Counternarcotics and Global Threats the prior year under-
                                                              execution was primarily in 7403—State Plans.
                                                              Note: DOD did not request funding for the Counterthreat Finance project code in its budget until fiscal
                                                              year 2013; however, DOD provided funding for the Counterthreat Finance project code in fiscal year
                                                              2012 through an execution year program adjustment. Therefore no funding is recorded in this project
                                                              code for fiscal years 2010 and 2011.




                                                              According to DOD’s data, obligation amounts for the National Guard
                                                              counterdrug program varied from fiscal year 2010 through fiscal year
                                                              2017. According to National Guard officials, variation was partly due to
                                                              the timing and amount of allocations received by the program. Funds
                                                              transferred from the Drug Interdiction and Counterdrug Activities, Defense
                                                              account to various other DOD drug interdiction accounts or programs,
                                                              including the National Guard program, can be transferred back to the
                                                              account upon a determination that all or part of the funds are not
                                                              necessary and remain unobligated. Once funds are returned to the Drug
                                                              Interdiction and Counterdrug Activities, Defense account, they are
                                                              available for transfer to other DOD counterdrug programs for obligation.
                                                              Table 7 details the counterdrug program’s obligations from fiscal years
                                                              2010 through 2017.




                                                              Page 36                                                                     GAO-19-27 Drug Control
                                                              Appendix I: National Guard Counterdrug
                                                              Program Funding by Project Code




Table 7: Obligation Amounts for the National Guard Counterdrug Program, Fiscal Years 2010 through 2017

(Nominal Dollars in Thousands by Fiscal Year)

Project Code                                                2010          2011          2012          2013          2014          2015          2016           2017
7403—State Plans                                        219,081         174,631      196,055       176,526       172,780       158,217       174,270       204,912
7415—Counterdrug Schools                                 27,341          19,997       22,323        19,452          7,043         9,781       17,185        18,622
9301—Counterthreat Finance                                    N/A           N/A         1,510         2,255         2,179         2,340         2,844         4,252
1295—Linguist and Data Analysis                            7,370          9,171         8,629         8,721       11,759          9,716         9,857         9,361
9498—Linguist Support                                      7,219          6,438         8,763         9,597       10,543          8,108         8,205         8,644
Total                                                   261,011         210,237      237,280       216,551       204,304       188,162       212,361       245,791
Source: GAO Analysis of Department of Defense (DOD) data. | GAO-19-27

                                                              Note: DOD did not request funding for the Counterthreat Finance project code in its budget until fiscal
                                                              year 2013; however, DOD provided funding for the Counterthreat Finance project code in fiscal year
                                                              2012 through an execution year program adjustment. Therefore no funding is recorded in this project
                                                              code for fiscal years 2010 and 2011.




                                                              Page 37                                                                     GAO-19-27 Drug Control
Appendix II: Overview of State Counterdrug
              Appendix II: Overview of State Counterdrug
              Program Planned Support Activities, Fiscal
              Year 2018


Program Planned Support Activities, Fiscal
Year 2018
              As of fiscal year 2018, National Guard Bureau policy allows state
              counterdrug programs to perform 15 approved support activities grouped
              into five broad mission categories. 1 The five mission categories are
              technical support (including linguist and translator, operational and
              investigative case and criminal analyst, and counterthreat finance
              support), general support (including domestic cannabis suppression and
              eradication operations and transportation support), reconnaissance and
              observation (including ground and aerial reconnaissance), civil operations
              and coalition development, and counterdrug training. 2 Of the 15 approved
              support activities, the investigative case and analyst support activity was
              the most frequently provided activity; it accounted for 42 percent of all
              support provided in fiscal years 2011 to 2014. Among all of the supported
              organizations from fiscal year 2011 to fiscal year 2014, law enforcement
              agencies received about 38 percent of all support provided by the
              National Guard counterdrug program. Table 8 lists the fiscal year 2018
              approved state plan mission categories and support activities.

              Table 8: State Plans’ Mission Categories and Support Activities

              Technical support
              a. Linguist and translator support
              b. Operational and investigative case and criminal analyst support
              c. Illicit narcotics detection support
              d. Communications support
              e. Engineer support
              f. Subsurface and diver support
              g. Counterthreat finance analyst supporta
              h. Imagery and mapping support
              General support
              a. Domestic cannabis suppression and eradication operations
              b. Transportation support
              Reconnaissance and observation
              a. Ground reconnaissance


              1
               Chief National Guard Bureau Instruction 3100.01A, National Guard Counterdrug Support
              (June 22, 2015).
              2
               In fiscal year 2011, the National Guard counterdrug program expanded its list of
              approved missions states could undertake to include the counterthreat finance mission.
              This mission aids in investigations to deny, disrupt, destroy or defeat finance systems and
              networks that negatively affect U.S. interests.




              Page 38                                                            GAO-19-27 Drug Control
Appendix II: Overview of State Counterdrug
Program Planned Support Activities, Fiscal
Year 2018




    Reconnaissance and observation
    b. Aerial reconnaissance
    Civil operations and coalition development
    a. Educational programs
    b. Military unique tactics to community strategies
    c. Civil operations support to coalitions
    Counterdrug-related training
Source: GAO analysis of National Guard counterdrug missions and activities. I GAO-19-27

Note: The program also includes a mission category for internal program management. Since this
mission category does not provide support to interagency partners, we did not include it in this table.
a
 DOD’s fiscal year 2019 guidance for the National Guard counterdrug program states that the
counterthreat finance activity and its corresponding funding are not approved under section 112, title
32 authorities. The guidance further states that funds previously provided to the National Guard
Bureau for counterthreat finance will be rolled into the state plan’s project code for disbursement.
DOD officials stated the counterthreat finance activity was recategorized to more accurately reflect
the type of National Guard operational and investigative case and criminal analyst support provided to
law enforcement.




Page 39                                                                                   GAO-19-27 Drug Control
Appendix III: Process to Fund the National
              Appendix III: Process to Fund the National
              Guard Counterdrug Program



Guard Counterdrug Program

              After Congress appropriates amounts to the Drug Interdiction and
              Counterdrug Activities, Defense account, there are multiple steps
              performed by various organizations before counterdrug funds are
              provided to each individual state program. 1 To begin the process to
              distribute funding, the Department of Defense (DOD) Counternarcotics
              and Global Threats program officials prepare and submit to the Office of
              the Under Secretary of Defense (Comptroller) a reprogramming action
              (DD1415-3), which details the allocation of funds by appropriation or
              budget activity account for each program they manage. 2 DOD
              Comptroller officials review and approve the DD1415-3 and forward it to
              the Office of Management and Budget. 3 Once approved by the Office of
              Management and Budget, the DOD Comptroller issues a funding
              authorization document to transfer funds to the military services
              appropriation accounts (such as military personnel or operation and
              maintenance). The military services then transfer funds to appropriation
              accounts managed by Army National Guard and Air National Guard,
              which, in turn, distribute the funds onto each state National Guard
              participating in the program. The National Guard Bureau’s Counterdrug
              Program office coordinates the process involving the Office of the Deputy
              Assistant Secretary of Defense for Counternarcotics and Global Threats,
              the Army and Air National Guard budget and financial management
              offices, and the individual state counterdrug programs. According to
              officials from the Office of the Deputy Assistant Secretary of Defense for
              Counternarcotics and Global Threats, the process to complete the
              DD1415-3 takes 3 full weeks and then an additional 8 weeks, on average,
              for the funding to become available for state counterdrug programs.
              Figure 7 outlines the process to fund the National Guard counterdrug
              program.


              1
               If no defense appropriations act has been passed and DOD is operating under a
              continuing resolution, amounts transferred are based on a rate-per-day formula developed
              by OMB.
              2
               According to officials from the Office of the Deputy Assistant Secretary of Defense for
              Counternarcotics and Global Threats they did not submit a DD1414—baseline for
              reprogramming action—for fiscal year 2018 because the Consolidated Appropriations Act,
              2018 included a provision that provided an exemption for the Drug Interdiction and
              Counterdrug Activities, Defense account.
              3
               Office of Management and Budget (OMB) manages and approves apportionments at the
              Treasury appropriation fund level. Apportionment is part of the government-wide system
              for the administrative control of funds. Unless exempted by statute or automatically
              apportioned, all DOD appropriated resources require OMB approval through the
              apportionment process before they are available for distribution and legal obligation.




              Page 40                                                          GAO-19-27 Drug Control
Appendix III: Process to Fund the National
Guard Counterdrug Program




Figure 7: Steps in the Process to Fund the National Guard Counterdrug Program




Page 41                                                    GAO-19-27 Drug Control
Appendix IV: Funding Provided by the
                                                    Appendix IV: Funding Provided by the
                                                    Department of Defense under Congressional
                                                    Appropriations


Department of Defense under Congressional
Appropriations
Table 9: Funding Provided by the Department of Defense (DOD) for the National Guard Counterdrug Program under
Congressional Appropriations in Fiscal Years 2014 through 2018

(Nominal Dollars in Millions)

                                                                              Amount            Date
Fiscal Year 2014 Appropriations                    DOD provided funding       provided          Received
Public Law 113-46 (CR)                                        ✓               66.2              December, 2, 2013
Public Law 113-73 (CR)                                        ✗               —                 —
Public Law 113-76                                             ✓               151.8             May 14, 2014
Fiscal Year 2015 Appropriations
Public Law 113-164 (CR)                                       ✓               26.1              October 21, 2014
Public Law 113-202 (CR)                                       ✗               —                 —
Public Law 113-203 (CR)                                       ✗               —                 —
Public Law 113-235                                            ✓               166.1             March 24, 2015
Fiscal Year 2016 Appropriations
Public Law 114-53 (CR)                                        ✓               38.2              November 17, 2015
Public Law 114-96 (CR)                                        ✗               —                 —
Public Law 114-100 (CR)                                       ✗               —                 —
Public Law 114-113                                            ✓               193.0             April 08, 2016
Fiscal Year 2017 Appropriations
Public Law 114-223 (CR)                                       ✓               49.7              November 5, 2016
Public Law 114-254 (CR)                                       ✓               85.2              March 15, 2017
Public Law 115-30 (CR)                                        ✗               —                 —
Public Law 115-31                                             ✓               117.9             September 14, 2017
Fiscal Year 2018 Appropriations
Public Law 115-56 (CR)                                        ✓               47.0              January 18, 2018
Public Law 115-90 (CR)                                        ✗               —                 —
Public Law 115-96 (CR)                                        ✗               —                 —
Public Law 115-120 (CR)                                       ✗               —                 —
Public Law 115-123 (CR)                                       ✗               —                 —
Public Law 115-141                                            ✓               214.3             July 3, 2018
Legend:
CR = continuing resolution
✓ = yes
✗ = no
— = Not Applicable
Source: GAO analysis of public laws. I GAO-19-27




                                                    Page 42                                              GAO-19-27 Drug Control
Appendix V: Threat-Based Resource Model
             Appendix V: Threat-Based Resource Model




             The National Guard Bureau’s threat-based resource model has been
             used since fiscal year 2012 to help determine funding distribution
             percentages for the state counterdrug programs. Between fiscal years
             2013 and 2015, National Guard Bureau officials stated that they
             determined planned funding amounts based on a combination of
             historical funding levels and threat-based resource model threat
             percentages. 1 According to officials, beginning in fiscal year 2016, funding
             aligned more closely with threat-based resource model threat
             percentages. However, National Guard Bureau officials stated that
             funding distribution percentages from the threat-based resource model
             were deemed unusable in fiscal year 2017 due to concerns they had with
             the amount of reporting and the quality of the data that was reported. As a
             result, officials stated that the fiscal year 2016 threat-based resource
             model funding percentages were used to distribute fiscal year 2017
             funding to state programs while National Guard Bureau officials revised
             the model for use in fiscal year 2018. Updates to the model included
             expanding the number of variables to better respond to changes in drug
             threats, adjusting the model so that it did not treat all drug seizure
             incidents and amounts equally, and increasing the number of data
             sources. Table 10 provides threat-based resource model percentages
             and table 11 funding amounts, by state, for fiscal years 2012 through
             2018.




             1
              According to National Guard Bureau officials, the National Guard Bureau determined
             planned funding amounts, in part, based on state funding requests in fiscal year 2015;
             states that requested an amount equal to or less than their threat-based resource model
             threat percentage received their full request. Where states requested less funding than
             requested, the National Guard Bureau redistributed leftover funds to states that had
             requested more than their threat-based resource model threat percentage.




             Page 43                                                          GAO-19-27 Drug Control
                                        Appendix V: Threat-Based Resource Model




Table 10: Fiscal Years 2015 through 2018 Threat-Based Resource Model Percentages by State or Territory Program

                                Fiscal year 2015        Fiscal year 2016          Fiscal year 2017        Fiscal year 2018
Program                              percentage              percentage                percentage              percentage
California                                14.18                     13.80                   13.80                   13.93
Texas                                     13.97                     11.77                   11.77                   11.55
New York                                   4.66                      8.11                    8.11                     7.88
Arizona                                    5.40                      6.49                    6.49                     6.25
Florida                                    5.97                      5.24                    5.24                     5.48
Puerto Rico                                2.92                      4.28                    4.28                     4.04
Illinois                                   3.44                      3.78                    3.78                     3.54
Kentucky                                   2.23                      3.59                    3.59                     3.32
Ohio                                       2.30                      2.43                    2.43                     2.66
Tennessee                                  2.65                      2.62                    2.62                     2.40
Michigan                                   1.96                      2.14                    2.14                     2.38
Missouri                                   2.35                      2.35                    2.35                     2.33
Pennsylvania                               2.28                      2.07                    2.07                     2.02
North Carolina                             2.09                      1.85                    1.85                     1.84
Georgia                                    2.43                      1.97                    1.97                     1.75
Indiana                                    1.65                      1.76                    1.76                     1.69
New Jersey                                 2.05                      1.41                    1.41                     1.62
Virginia                                   1.60                      1.48                    1.48                     1.55
New Mexico                                 1.04                      1.24                    1.24                     1.43
Maryland                                   1.53                      1.18                    1.18                     1.36
Louisiana                                  1.46                      1.09                    1.09                     1.25
Massachusetts                              1.36                      1.07                    1.07                     1.23
Washington                                 1.54                      0.99                    0.99                     1.14
Oklahoma                                   1.26                      1.31                    1.31                     1.11
Arkansas                                   0.95                      1.18                    1.18                     1.00
South Carolina                             1.24                      1.11                    1.11                     0.94
Alabama                                    1.21                      1.10                    1.10                     0.94
Wisconsin                                  0.94                      1.08                    1.08                     0.92
Oregon                                     1.13                      0.79                    0.79                     0.91
Colorado                                   1.00                      0.76                    0.76                     0.87
Minnesota                                  0.93                      0.68                    0.68                     0.78
Kansas                                     1.20                      0.90                    0.90                     0.77
Mississippi                                1.01                      0.66                    0.66                     0.76
Nevada                                     0.99                      0.68                    0.68                     0.65
Utah                                       0.81                      0.63                    0.63                     0.63




                                        Page 44                                                      GAO-19-27 Drug Control
                                                                  Appendix V: Threat-Based Resource Model




                                                  Fiscal year 2015                    Fiscal year 2016              Fiscal year 2017               Fiscal year 2018
Program                                                percentage                          percentage                    percentage                     percentage
Connecticut                                                           0.68                          0.52                           0.52                           0.60
Iowa                                                                  0.98                          0.67                           0.67                           0.57
Hawaii                                                                0.25                          0.67                           0.67                           0.57
Nebraska                                                              0.79                          0.55                           0.55                           0.47
West Virginia                                                         0.43                          0.40                           0.40                           0.46
Maine                                                                 0.35                          0.51                           0.51                           0.43
Delaware                                                              0.80                          0.38                           0.38                           0.37
Wyoming                                                               0.18                          0.35                           0.35                           0.30
Washington, D.C.                                                      0.72                          0.25                           0.25                           0.29
North Dakota                                                          0.12                          0.32                           0.32                           0.27
New Hampshire                                                         0.23                          0.23                           0.23                           0.26
Idaho                                                                 0.35                          0.29                           0.29                           0.25
Rhode Island                                                          0.33                          0.21                           0.21                           0.24
Montana                                                               0.23                          0.26                           0.26                           0.24
Alaska                                                                0.27                          0.24                           0.24                           0.20
South Dakota                                                          0.24                          0.21                           0.21                           0.19
Vermont                                                               0.19                          0.14                           0.14                           0.16
U.S. Virgin Islands                                                   0.45                          0.10                           0.10                           0.12
Guam                                                                  0.18                          0.08                           0.08                           0.07
Source: GAO analysis of National Guard Bureau data. I GAO-19-27

                                                                  Note: According to National Guard Bureau officials, the threat-based resource model results were
                                                                  deemed unusable in fiscal year 2017 due to concerns about the amount of reporting and the quality of
                                                                  the data that was reported. Officials stated that fiscal year 2016 threat percentages and distribution
                                                                  amounts were used until changes could be made to the model to improve the reliability of the model.




                                                                  Page 45                                                                    GAO-19-27 Drug Control
                                         Appendix V: Threat-Based Resource Model




Table 11: Fiscal Years 2012 through 2018 Planned Funding, by State or Territory Program

(Nominal Dollars by Fiscal Year)

                                2012        2013           2014           2015          2016        2017          2018
Program                       amount      amount         amount         amount        amount      amount        amount
California                 18,357,817   24,705,866    23,308,294     22,639,065    23,073,454   20,376,127   26,286,493
Texas                      15,957,648   19,244,029    18,096,454     17,478,733    19,679,316   17,378,769   21,802,655
New York                    5,472,267    6,268,549     6,531,500      7,163,473    13,559,834   11,974,666   14,881,175
Arizona                     8,219,187   10,200,000    14,116,892      6,643,038    10,851,211    9,582,686   11,795,194
Florida                     6,886,602   11,488,199     6,320,926      6,347,694     8,761,225    7,737,022   10,347,532
Puerto Rico                 4,571,199    5,501,759     3,468,617      4,563,715     7,156,115    6,319,552     7,629,059
Illinois                    2,505,254    3,073,976     3,135,672      2,951,287     6,320,120    5,581,287     6,671,757
Kentucky                    3,179,222    5,935,854     8,034,316      5,289,403     6,002,442    5,300,746     6,273,668
Ohio                        1,887,220    3,010,295     2,443,352      2,468,261     4,062,934    3,587,970     5,010,895
Tennessee                   2,448,376    3,739,148     3,595,708      3,837,808     4,380,612    3,868,511     4,532,769
Michigan                    1,915,731    2,135,348     1,947,976      2,013,786     3,578,057    3,159,776     4,487,682
Missouri                    2,546,394    2,516,922     2,382,271      2,992,862     3,929,175    3,469,848     4,397,509
Pennsylvania                2,634,637    2,529,808     2,914,034      2,868,961     3,461,018    3,056,419     3,812,433
North Carolina              2,566,537    1,940,725     2,064,791      1,996,380     3,093,180    2,731,582     3,472,711
Georgia                     2,603,569    4,196,897     3,889,948      3,312,889     3,293,819    2,908,766     3,302,850
Indiana                     1,642,761    3,317,799     3,886,980      4,207,991     2,942,701    2,598,694     3,189,610
New Jersey                  2,580,733    2,799,199     2,443,663      2,123,567     2,357,505    2,081,909     3,060,327
Virginia                    1,784,861    1,925,792     1,667,424      1,433,987     2,474,544    2,185,266     2,925,382
New Mexico                  4,035,743    5,494,890     3,683,913      2,524,656     2,073,267    1,830,898     2,691,351
Maryland                    2,142,523    2,328,565     2,763,234      2,304,829     1,972,948    1,742,306     2,561,124
Louisiana                   3,938,836    2,643,873     2,396,025      1,291,725     1,822,468    1,609,419     2,365,784
Massachusetts               1,714,357    1,243,046     1,383,039      1,065,624     1,789,029    1,579,888     2,322,375
Washington                  3,003,517    2,569,544     2,126,321      1,843,313     1,655,270    1,461,766     2,148,740
Oklahoma                    1,504,048    1,311,812     1,497,793      1,777,016     2,190,306    1,934,256     2,101,556
Arkansas                    1,591,812    2,299,258     1,786,639      1,783,881     1,972,948    1,742,306     1,893,005
South Carolina              1,819,096    1,767,728     1,819,307      1,387,388     1,855,908    1,638,949     1,780,708
Alabama                     2,286,156    1,789,842     2,110,367      2,130,546     1,839,188    1,624,184     1,764,666
Wisconsin                   1,584,931    1,097,283     1,367,539      1,144,083     1,805,749    1,594,653     1,732,581
Oregon                      2,406,630    1,724,120     1,668,232      2,089,292     1,320,872    1,166,459     1,714,651
Colorado                    1,481,252    1,117,865     1,247,416      1,403,185     1,270,712    1,122,164     1,649,538
Minnesota                   1,573,084    1,357,850     1,312,450      1,387,742     1,136,953    1,004,041     1,475,902
Kansas                      1,806,275    1,182,006     1,178,746        884,441     1,504,790    1,328,878     1,443,817
Mississippi                 2,051,970    1,728,731     1,865,560      2,242,773     1,103,513     974,510      1,432,493




                                         Page 46                                                   GAO-19-27 Drug Control
                                                              Appendix V: Threat-Based Resource Model




                                            2012                    2013           2014              2015              2016              2017              2018
 Program                                  amount                  amount         amount            amount            amount            amount            amount
 Nevada                                 1,474,804             1,932,798        1,478,681         1,262,081         1,136,953         1,004,041        1,226,773
 Utah                                   1,365,684             1,735,905        1,875,157         2,104,681         1,053,353           930,214        1,189,026
 U.S. Virgin Islands                    1,257,392                 777,544      1,256,055           841,297           750,000           750,000        1,169,731
 Guam                                   1,233,134                 647,155        563,306           632,498           750,000           750,000        1,166,431
 Connecticut                            1,429,129             1,198,714        1,205,451         1,311,015           869,435           767,796        1,128,631
 Iowa                                   1,616,352             1,648,546        1,591,581         1,514,021         1,120,233           989,276        1,074,842
 Hawaii                                 1,590,223             1,371,160        1,140,145           790,244         1,120,233           989,276        1,074,842
 Alaska                                 1,527,606             1,589,662                  0                 0         750,000           750,000        1,032,337
 Delaware                               1,518,323             1,074,367          938,827           998,640           750,000           750,000           955,633
 Washington, D.C.                       1,826,712             1,034,964        1,131,791         1,166,180           750,000           750,000           925,622
 Vermont                                1,642,585                 769,332        708,446           718,257           750,000           750,000           910,286
 Maine                                  1,813,137             1,206,712        1,008,600           799,520           852,715           753,031           886,778
 New Hampshire                          1,456,760                 569,408        660,572           650,535           750,000           750,000           886,778
 Nebraska                               1,528,882             1,095,386        1,010,916           771,621           919,594           812,092           882,333
 Rhode Island                           1,415,380                 945,728        750,104           944,095           750,000           750,000           875,654
 Wyoming                                1,259,938                 732,341        577,971           596,005           750,000           750,000           869,462
 West Virginia                          2,129,570             1,236,452        2,998,851         2,310,368           750,000           750,000           868,178
 North Dakota                           1,547,566                 827,367        911,218           793,178           750,000           750,000           852,578
 Montana                                1,509,370                 925,341        936,077           754,400           750,000           750,000           808,982
 Idaho                                  1,338,415                 737,835        702,119           602,127           750,000           750,000           802,214
 South Dakota                           1,350,465                 813,782      1,591,833           896,192           750,000           750,000           788,354
Source: GAO Analysis of National Guard Bureau data. I GAO-19-27

                                                              Note: According to National Guard Bureau officials, final distribution amounts to state counterdrug
                                                              programs may differ from planned funding amounts. Alaska did not participate in the National Guard
                                                              counterdrug program in fiscal years 2014 and 2015.




                                                              Page 47                                                                   GAO-19-27 Drug Control
Appendix VI: Comments from the
             Appendix VI: Comments from the Department
             of Defense



Department of Defense




             Page 48                                     GAO-19-27 Drug Control
Appendix VI: Comments from the Department
of Defense




Page 49                                     GAO-19-27 Drug Control
Appendix VI: Comments from the Department
of Defense




Page 50                                     GAO-19-27 Drug Control
Appendix VII: Status of October 2015
                                             Appendix VII: Status of October 2015
                                             Recommendations on National Guard
                                             Counterdrug Program


Recommendations on National Guard
Counterdrug Program
                                             In October 2015, GAO issued a report on the National Guard counterdrug
                                             program titled Drug Control: Additional Performance Information Is
                                             Needed to Oversee the National Guard’s State Counterdrug Program. 1 In
                                             that report, we made two recommendations aimed at ensuring that
                                             resources are being efficiently applied to meet the National Guard
                                             counterdrug program’s objectives. Table 12 provides an update on the
                                             status of the recommendations from that report.

Table 12: Status of Recommendations from GAO, Drug Control: Additional Performance Information Is Needed to Oversee the
National Guard’s State Counterdrug Program, GAO-16-133 (Washington, D.C.: October 2015)

Recommendation #1:                                  Status: Implemented
To ensure that resources are being efficiently      Concurrence: Yes
applied to meet the National Guard counterdrug
                                                    The National Guard Bureau implemented revisions to the National Guard
program’s objectives, the Secretary of Defense      counterdrug program to identify and collect additional information to evaluate the
should direct the National Guard Bureau in          performance of the 54 state programs and the counterdrug schools, as GAO
consultation with the Deputy Assistant              recommended. Specifically, in April 2016, National Guard counterdrug program
Secretary of Defense for Counternarcotics and       officials developed a strategic framework with four goals that support counterdrug
Global Threats to identify additional information   objectives of the Department of Defense, Office of the National Drug Control Policy,
needed to evaluate the performance of the           and Federal law enforcement. Within each of the goals, are objectives and measures
state programs and oversee counterdrug              to evaluate the efforts of the individual state programs and the counterdrug schools.
schools’ training.                                  In August 2016, each of the state programs and the counterdrug schools included
                                                    the goals, objectives, and revised performance measures in their individual fiscal
                                                    year 2017 plans.
Recommendation #2:                                  Status: Open
To ensure that resources are being efficiently      Concurrence: Yes
applied to meet the National Guard counterdrug      DOD’s response to our report stated that it would collect and use performance
program’s objectives, the Secretary of Defense      information to evaluate the effectiveness of each state program to provide support
should direct the National Guard Bureau in          and to meet its objectives. DOD also stated that it would take steps to assist states
consultation with the Deputy Assistant              with any needed corrective-action plans. For fiscal year 2017, the National Guard
Secretary of Defense for Counternarcotics and
                                                    counterdrug program collected performance information in its fiscal year 2017 annual
Global Threats to subsequently collect and use      assessments of state programs and counterdrug schools, but had not yet
performance information to help inform funding      incorporated the information into funding distribution decisions. The recommendation
distribution decisions to state programs and to     will remain open until performance information has been included in the funding
conduct oversight of the training offered by the    distribution process.
counterdrug schools.
Source: GAO analysis. I GAO-19-27




                                             1
                                              GAO, Drug Control: Additional Performance Information Is Needed to Oversee the
                                             National Guard’s State Counterdrug Program, GAO-16-133 (Washington, D.C.: Oct. 21,
                                             2015).




                                             Page 51                                                             GAO-19-27 Drug Control
Appendix VIII: GAO Contact and Staff
                   Appendix VIII: GAO Contact and Staff
                   Acknowledgments



Acknowledgments


                   Elizabeth A. Field, (202) 512-2775 or fielde1@gao.gov
GAO Contact
                   In addition to the contact named above, Rich Geiger (Assistant Director),
Staff              Joy Booth, Carol Henn, Jesse T. Jordan, Amie M. Lesser, Shari Nikoo,
Acknowledgments:   Tobin J. McMurdie, Carol D. Petersen, Clarice Ransom, Michael D.
                   Silver, Alexandra L. Stewart, and Sarah B. Warmbein, made key
                   contributions to this report.




(102249)
                   Page 52                                               GAO-19-27 Drug Control
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