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GAO-11-261R: 

United States Government Accountability Office: 
Washington, DC 20548: 

May 2, 2011: 

Congressional Committees: 

Subject: Office of National Drug Control Policy: Agencies View the 
Budget Process as Useful for Identifying Priorities, but Challenges 
Exist: 

Illicit drug use endangers public health and safety and depletes 
financial resources. According to the Office of National Drug Control 
Policy (ONDCP), each day in this country, an estimated 8,000 Americans 
illegally consume a drug for the first time and the risks posed by 
their drug use--like that of the estimated 20 million individuals that 
already use illicit drugs--will radiate to their families and the 
communities in which they live. Efforts to combat drug abuse and its 
consequences also represent a considerable financial investment. 
ONDCP, which is responsible for overseeing and coordinating the 
implementation of the national drug policy, reported that, for fiscal 
year 2010, about $22 billion was allocated for drug control programs 
and other related drug control activities across 49 federal agencies, 
departments, components, or programs. 

ONDCP was established by the Anti-Drug Abuse Act of 1988 to enhance 
national drug control planning and assist Congress in overseeing that 
effort.[Footnote 1] In this role, ONDCP provides advice and 
governmentwide oversight of drug programs and coordinates the 
development of the National Drug Control Strategy (Strategy). By 
statute, the Director of ONDCP is to annually (1) develop a National 
Drug Control Strategy which sets forth a comprehensive plan, for the 
year, to reduce illicit drug use and its consequences in the United 
States by limiting the availability of, and reducing the demand for, 
illegal drugs;[Footnote 2] (2) develop a consolidated National Drug 
Control Program budget proposal designed to implement the Strategy; 
[Footnote 3] and (3) coordinate and oversee the implementation by the 
National Drug Control Program agencies of the policies, goals, 
objectives, and priorities established for the National Drug Control 
Program and the fulfillment of the responsibilities of such agencies 
under the Strategy.[Footnote 4] Agencies submit to ONDCP the portion 
of their budget requests dedicated to drug control, which they prepare 
as part of their overall budget submission for the Office of 
Management and Budget (OMB), and these requests are to be included in 
the President's budget request. In February 2011, ONDCP released the 
Fiscal Year 2012 Funding Highlights for the Drug Control Budget, which 
reflected a restructuring of the prior year's Drug Control Budget. 
[Footnote 5] This restructuring resulted in a total of 39 departments 
and their components and independent agencies with drug control 
responsibilities and a total budget request of about $26 billion. 
(Enclosure I shows the 39 federal components, agencies, and programs 
in the fiscal year 2012 Drug Control Budget). The Office of National 
Drug Control Policy Reauthorization Act of 2006 mandates that we 
annually conduct an audit relating to the programs and operations of 
ONDCP.[Footnote 6] Thus, this year, we examined ONDCP's efforts to 
develop and monitor the Drug Control Budget, particularly in light of 
potential efforts to consider reauthorization of ONDCP beyond fiscal 
year 2010. Specifically, we (1) examined ONDCP's process for 
developing and monitoring the Drug Control Budget and (2) obtained 
selected drug control agencies' views on the benefits and challenges 
of developing and implementing the Drug Control Budget. 

To address these objectives, we analyzed applicable laws; available 
ONDCP documents such as circulars and guidance; and reports on ONDCP, 
the National Drug Control Strategies for 2005 to 2010, and the Drug 
Control Budget for fiscal years 2007 to 2012. To better understand how 
ONDCP's budget development process operates, we analyzed portions of 
ONDCP's funding guidance to the Departments of Justice (DOJ) and 
Health and Human Services (HHS) for fiscal years 2005 through 2010. 
[Footnote 7] We reviewed funding guidance for DOJ and HHS because 
these two agencies represent a large proportion of drug control 
funding. For example, in fiscal year 2010, DOJ and HHS programs 
comprised 49 percent of the Drug Control Budget. In addition, we 
interviewed senior ONDCP officials about how they work with agencies 
during the process for developing and executing the Drug Control 
Budget and how they address any challenges agencies reported they face. 

We also conducted interviews with officials from a nonprobability 
sample of 6 of the 49 departments and their component agencies, 
independent agencies, or programs with drug control responsibilities 
that were included in ONDCP's Drug Control Budget for the most recent 
year for which funding was enacted, fiscal year 2010. We selected 4 of 
these agencies because they had the largest drug control budgets for 
fiscal year 2010 among the 23 agencies and programs listed in the Drug 
Control Budget. These agencies--the Department of Defense (DOD), the 
Drug Enforcement Administration (DEA), Customs and Border Protection 
(CBP), and Substance Abuse and Mental Health Services Administration 
(SAMHSA)--collectively represent 57 percent of the Drug Control 
Budget. We selected 2 additional agencies--Bureau of Prisons (BOP) and 
Administrative Office of the United States Courts (AOUSC)--that have 
the largest drug control budgets among the 26 agencies listed in the 
Drug Control Budget as Other Related Drug Control agencies for fiscal 
year 2010.[Footnote 8] BOP and AOUSC collectively represent about 62 
percent of the fiscal year 2010 drug control funding for Other Related 
Drug Control agencies. (Enclosure II shows the 23 federal components, 
agencies, and programs in the fiscal year 2010 Drug Control Budget and 
the 26 federal agencies designated as Other Related Drug Control 
Program agencies by ONDCP for fiscal year 2010). We analyzed the 
results of our interviews and then used these results to develop a 
questionnaire, which we sent to the 6 agencies to obtain a set of more 
structured responses on ONDCP's process for developing and monitoring 
the execution of the Drug Control Budget. All 6 agencies completed our 
questionnaire and we then conducted follow-up interviews with 
officials from the agencies regarding their questionnaire responses. 
The results of our interviews are not generalizable, but provided 
insights into the development of the Drug Control Budget. 

We conducted this performance audit from June 2010 to April 2011 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 findings 
and conclusions based on our audit objectives. 

Results in Brief: 

National Drug Control Program agencies are required to follow a 
detailed process in developing their annual budget submissions for 
inclusion in the Drug Control Budget. ONDCP outlines its process in 
circulars that it sends to agencies which provide detailed reporting 
instructions on how to properly prepare their drug budget submissions. 
By statute, the Director of ONDCP is required to provide, by July 1 of 
each year, budget recommendations to the heads of departments and 
agencies with responsibilities under the National Drug Control 
Program.[Footnote 9] According to ONDCP, these budget recommendations 
are intended to specifically delineate what priorities each agency is 
expected to fund in the coming budget submission. By statute, the head 
of each department, agency, or program of the federal government with 
responsibilities under the Strategy is required to transmit to the 
Director of ONDCP a copy of their proposed drug control budget request 
at the same time as the budget request is submitted to their superiors 
(and before submission to OMB).[Footnote 10] ONDCP refers to this 
request as the summer budget submission. The ONDCP Director is 
required to review each summer budget submission and transmit a 
written summary of its review to each agency stating whether the 
budget submission is adequate to implement the agency's 
responsibilities towards the objectives of the Strategy. 

With regard to the benefits and challenges of the budget process, 
officials from at least four of the six agencies we contacted reported 
that ONDCP's process for developing the Drug Control Budget is 
somewhat or very effective in (1) identifying Drug Control Budget 
priorities, (2) ensuring sufficiency of resources to implement the 
Strategy, or (3) providing a record of national drug control 
expenditures. The most pervasive challenges agencies we contacted 
identified were related to the timing of ONDCP's annual funding 
guidance and written reviews of agencies' budget submissions. Some 
agencies noted that these documents were too late to impact their 
initial budget formulation efforts, but ONDCP plans to issue funding 
guidance and written reviews earlier in future fiscal years that 
should address these concerns. 

In commenting on a draft of this report, ONDCP noted that the report 
provides a thoughtful review of ONDCP's process for developing 
programs and policies in support of the National Drug Control Strategy 
and highlights the various interactions it has with other federal drug 
control agencies. ONDCP stated that the feedback provided by the 
report will help ONDCP build stronger and more communicative 
relationships with these agencies and enable ONDCP to improve its 
budgetary process. 

ONDCP Has an Iterative Process for Developing and Monitoring the Drug 
Control Budget: 

Pursuant to statute and ONDCP circulars, National Drug Control Program 
agencies are required to follow a detailed process in developing their 
annual budget submissions for inclusion in the Drug Control Budget, 
which provides information on the government's funding requested for 
drug control to implement the Strategy. The Director of ONDCP is 
responsible for promulgating this Strategy,[Footnote 11] which is to 
include, among other things, comprehensive, research-based, long- 
range, quantifiable goals for reducing illicit drug use in the United 
States, as well as annual quantifiable and measurable objectives and 
specific targets to accomplish the goals the Director determines may 
be achievable during each year; a review of international, state, 
local, and private sector drug control activities to ensure that the 
United States pursues coordinated and effective drug control at all 
levels of government; and an assessment of current illicit drug use 
and availability.[Footnote 12] In 2010, ONDCP changed its approach and 
moved from publishing a 1-year Strategy to publishing a 5-year 
Strategy, which is to be updated annually. 

ONDCP outlines its budget process in circulars that it sends to 
agencies which provide detailed reporting instructions on how to 
properly prepare their drug budget submissions and discuss topics such 
as budget formulation, budget execution, accounting for drug control 
expenditures, and policy coordination.[Footnote 13] In addition, by 
statute, the Director of ONDCP is required to provide, by July 1 of 
each year, budget recommendations--which apply to the next budget year 
scheduled for formulation and each of the 4 subsequent fiscal years 
and address funding priorities developed in the Strategy--to the heads 
of departments and agencies with responsibilities under the National 
Drug Control Program.[Footnote 14] ONDCP refers to these budget 
recommendations as funding guidance. According to ONDCP, its funding 
guidance is intended to specifically delineate what priorities each 
agency is expected to fund in the coming budget submission. ONDCP 
officials explained that the funding guidance is derived from the 
Strategy. For example, the funding guidance to HHS for fiscal year 
2009 discussed ONDCP's support for specific HHS initiatives that were 
also included in the corresponding Strategy--such as the Access to 
Recovery Initiative which is intended to provide vouchers for 
community-based services for individuals seeking alcohol or drug 
treatment.[Footnote 15] Similarly, ONDCP's funding guidance to DOJ for 
fiscal year 2009 provided further detail on initiatives that were 
included in the Strategy such as targeting money laundering 
operations. According to ONDCP, the funding guidance allows ONDCP to 
outline its priorities early in the budget development process, and 
ONDCP must rely upon the agencies to include ONDCP's priorities in 
their budget submissions to ensure that the Strategy is adequately 
resourced. 

Pursuant to law, for each fiscal year, the head of each department, 
agency, or program in the federal government with responsibilities 
under the Strategy is required to transmit to the Director of ONDCP a 
copy of their proposed drug control budget request at the same time as 
the budget request is submitted to their superiors (and before they 
submit it to OMB).[Footnote 16] This proposed drug control budget 
request is referred to as the summer drug budget submission by ONDCP. 
ONDCP officials said that ONDCP uses the funding guidance and 
agencies' progress towards meeting performance measures the agencies 
have developed for their drug control programs to assess the adequacy 
of the agencies' budget submissions and evaluate how closely the 
budget submissions correspond to the priorities in the Strategy. In 
addition, the ONDCP Director is required to review each summer budget 
submission and transmit a written summary of its review to each agency 
stating whether the budget submission is adequate to implement the 
agency's responsibilities towards the objectives of the Strategy. When 
the ONDCP Director concludes that an agency's summer submission is 
adequate to implement the objectives of the Strategy, the Director 
submits to the head of the applicable agency a written statement 
confirming its adequacy. In contrast, if the Director concludes that a 
submission is not adequate, the Director shall submit to the head of 
the applicable agency a written description of funding levels and 
specific initiatives that would, in the determination of the Director, 
make the submission adequate. 

Following the summer budget review process, agencies are required to 
submit a fall budget submission to ONDCP incorporating the results of 
its summer review.[Footnote 17] Agencies are required to submit the 
fall budget submission to ONDCP at the same time they submit their 
fall budget request to OMB (in preparation for inclusion in the 
President's budget request). Similar to the summer drug budget 
submission, ONDCP assesses whether it is adequate to implement the 
Strategy and addresses enhancements identified in ONDCP's written 
results of its review of an agency's summer budget submission. ONDCP 
relies primarily on its summer review, agencies' performance, and 
funding guidance to assess the adequacy of the agencies' budget 
submission. If ONDCP determines that an agency's fall budget 
submission is adequate to implement the Strategy, ONDCP issues a 
written notice stating that the agency's drug budget is certified. If 
ONDCP determines that an agency's fall budget submission is 
inadequate, ONDCP issues a written notice stating that the agency's 
drug budget is decertified and ONDCP provides a copy of this 
decertification to the Senate and the House of Representatives, and 
the appropriate congressional committees. After ONDCP's certification 
process, ONDCP provides input to various parties, including OMB. For 
example, ONDCP may appeal to OMB on behalf of an agency if OMB 
suggests revisions to an agency's drug control budget. According to 
ONDCP officials, throughout the history of ONDCP, it has decertified 
only one agency's budget submission: DOD in fiscal year 1999.[Footnote 
18] Nevertheless, ONDCP officials stated that the ability to decertify 
is important because it gives ONDCP valuable leverage in its budget 
negotiations that is key to accomplishing ONDCP's objectives. 

On February 14, 2011, ONDCP announced that it had changed the 
structure of the Drug Control Budget in connection with language in 
the Office of National Drug Control Policy Reauthorization Act of 2006 
that the federal drug control budget should represent the full range 
of federal spending, including costs associated with the consequences 
of drug use.[Footnote 19] ONDCP officials said ONDCP made this change 
based on a review of federal programs with a drug control nexus, 
considering whether the program had an acceptable methodology for 
estimating its drug control budget based on empirical data. These data 
included determining which portion of an agency's funding is for drug-
control programs or activities versus non-drug control programs. In so 
doing, ONDCP added 18 agencies or programs to the drug control budget 
and eliminated the "Other Related Drug Control Program Agencies" 
appendix found in prior drug control budget documents. These agencies' 
drug control budgets are now to be subject to increased ONDCP 
oversight through requirements such as the budget review and 
certification process. ONDCP stated that over the next year, it would 
also review a number of programs that it identified as having a drug 
control nexus but, according to ONDCP, did not have an acceptable 
budget estimation methodology. 

ONDCP officials also said that they intend to revise performance 
measures in 2011 which they use to review and assess agencies' budget 
submissions. Examples of indicators of performance for prevention 
programs range from perception of harm from drug use, to attitudes 
towards drug use, to actual drug use. ONDCP officials stated that 
ONDCP intends to establish a Performance Reporting System (PRS) that 
is expected to include updated performance measures, aligned with the 
Strategy's measurable goals, to provide timely and accurate feedback 
on how agencies' efforts are contributing to the Strategy. By statute, 
not later than February 1 of each year, the Director of ONDCP is 
required to submit to Congress as part of the Strategy, a description 
of a national drug control performance measurement system that, among 
other things, evaluates the contribution of demand reduction and 
supply reduction activities implemented by each National Drug Control 
Program agency in support of the Strategy.[Footnote 20] ONDCP 
officials stated that it plans to report on progress towards these 
goals in subsequent Strategies and also added that the PRS report 
would be released in calendar year 2011. 

ONDCP also is responsible for overseeing and monitoring the execution 
of drug control programs.[Footnote 21] Specifically, ONDCP's authority 
extends to agencies' appropriated funds, whereby ONDCP, among other 
things, must approve certain reprogramming or transfer requests 
related to drug control activities from National Drug Control Program 
agencies.[Footnote 22] By statute, the Director of ONDCP must require 
the National Drug Control Program agencies to submit to the Director 
no later than February 1 of each year, a detailed accounting of all 
funds expended by the agencies for National Drug Control Program 
activities during the previous fiscal year, and require such 
accounting to be authenticated by the Inspector General (IG) for each 
agency prior to submission to the Director.[Footnote 23] ONDCP also 
requires a performance summary report which is to include, among other 
things, performance measures, prior years' performance targets and 
results, and current year performance targets. According to ONDCP's 
circular regarding the annual accounting and authentication of drug 
control funds and related performance, the detailed accounting 
submission and the performance summary report are to be provided to 
the agency's IG for the purpose of expressing a conclusion about the 
reliability of each assertion made in the report in the form of an IG 
authentication.[Footnote 24] 

Selected Agencies Generally Report ONDCP's Budget Process Is Effective 
in Prioritizing, Allocating, and Documenting Resources; ONDCP Plans to 
Accelerate Issuing Guidance in Response to Agencies' Concerns: 

Officials from at least four of the six agencies we contacted reported 
that ONDCP's process for developing the Drug Control Budget is 
somewhat or very effective in (1) identifying Drug Control Budget 
priorities; (2) ensuring sufficiency of resources to implement the 
Strategy (that is, helping to ensure resources are authorized and 
allocated); and (3) providing a record of national drug expenditures 
(see table 1). With regard to priorities, officials representing five 
of the six agencies generally stated that agencies' budget submissions 
aligned with ONDCP's priorities. Moreover, an official at one of the 
five agencies stated that ONDCP's cross-cutting agency perspective and 
overarching guidance provides a unified national counternarcotics 
strategy. Nonetheless, officials from five of the six agencies stated 
that ONDCP's funding guidance is not the only factor in determining 
the agencies' budget priorities, in most cases because either OMB or 
their departments make priority decisions--a factor that can reflect 
the inherent tension associated with making decisions about competing 
priorities within the context of diminished resources.[Footnote 25] 
With regard to ensuring sufficiency of resources to implement the 
Strategy, one agency official stated that resources in the drug 
control budget were linked to the priorities outlined in the Strategy, 
and another stated that resources in the budget were sufficient to 
meet the goals outlined in the Strategy. Finally, officials from four 
of the six agencies reported that the process for developing the Drug 
Control Budget is somewhat or very effective in providing a record of 
national drug control expenditures. Specifically, a senior official 
from one of these agencies stated that the process provides an 
accurate depiction of their drug control expenditures. For information 
on the additional benefits agencies identified, although less 
frequently, see enclosure III. 

Table 1: Most Commonly Reported Benefits Associated with ONDCP's Drug 
Control Process Identified by Selected Agencies: 

Please indicate how effectively each of the following aspects of the 
National Drug Control Budget development process is working for your 
agency: 

Benefit: Identification of National Drug Control Budget priorities; 
Agency responses by category: 
Very effective: 2; 
Somewhat effective: 3; 
Not effective: 1; 
Not applicable: 0; 
Total: 6. 

Benefit: Sufficiency of resources to implement the National Drug 
Control Strategy; 
Very effective: 2; 
Somewhat effective: 3; 
Not effective: 0; 
Not applicable: 1; 
Total: 6. 

Benefit: Record of national drug control expenditures; 
Agency responses by category: 
Very effective: 3; 
Somewhat effective: 1; 
Not effective: 0; 
Not applicable: 2; 
Total: 6. 

Source: GAO analysis of questionnaire responses. 

[End of table] 

Despite reporting that the budget process is generally effective in 
identifying priorities, among other things, officials at the six 
agencies identified a total of 14 different challenges they 
encountered while preparing their Drug Control Budget submissions or 
authenticating drug control expenditures and their associated 
activities; however, none of the challenges were pervasive across all 
six agencies and officials' views of the challenges were mixed. Some 
of the officials characterized their experiences addressing these 
issues as challenging or very challenging, whereas others said that 
they did not encounter challenges or the issue was not applicable to 
their agency.[Footnote 26] Table 2 reflects the 4 most commonly 
reported challenges the six agencies identified with ONDCP's drug 
control budget process. For additional details on the challenges cited 
less frequently by the agencies we contacted, see enclosure III. 

Table 2: Most Commonly Reported Challenges Associated with ONDCP's 
Drug Control Process Identified by Selected Agencies: 

Please indicate how challenging each of the following aspects of the 
National Drug Control Budget development process is for your agency: 

Challenge: Timing of ONDCP's annual funding guidance; 
Agency responses by category: 
Very challenging: 1; 
Somewhat challenging: 3; 
Not challenging: 1; 
Not applicable: 1; 
Total: 6. 

Challenge: Timing of ONDCP's written review of summer budget 
submissions; 
Agency responses by category: 
Very challenging: 2; 
Somewhat challenging: 2; 
Not challenging: 1; 
Not applicable: 1; 
Total: 6. 

Challenge: ONDCP's December 31st deadline for components to submit 
reports to the Inspector General for attestation review; 
Agency responses by category: 
Very challenging: 0; 
Somewhat challenging: 4; 
Not challenging: 1; 
Not applicable: 1; 
Total: 6. 

Challenge: Incorporation of budget constraints into Interagency 
Working Group recommendations[A]; 
Agency responses by category: 
Very challenging: 1; 
Somewhat challenging: 3; 
Not challenging: 0; 
Not applicable: 2; 
Total: 6. 

Source: GAO analysis of questionnaire responses. 

[A] In April 2009, ONDCP convened a Demand Reduction Interagency 
Working Group (IWG), comprised of subject matter experts representing 
various drug control agencies, to increase the nation's focus on 
preventing and treating substance abuse. 

[End of table] 

Challenges related to the timing of ONDCP's annual funding guidance 
and written reviews of agencies' summer budget submissions were most 
pervasive among agencies we contacted. Specifically, four of the six 
agencies reported that the timing of ONDCP's funding guidance was 
somewhat or very challenging. As previously discussed, ONDCP is 
required to issue funding guidance to agencies by July 1 of each year 
to identify specific programs and priorities each agency is expected 
to fund to support the Strategy. Officials representing three agencies 
said that they received ONDCP's funding guidance after their agencies' 
internal budget formulation processes were completed. For example, for 
3 of the last 5 fiscal years, two of these agencies were required to 
submit their initial budget formulations to their departments before 
ONDCP issued funding guidance and thus, they could not incorporate 
ONDCP's guidance into their departmental submission. 

ONDCP officials explained that because the funding guidance provides 
more detail than the Strategy, ONDCP does not issue the funding 
guidance until after ONDCP releases the Strategy in early February. 
Thus, for fiscal year 2012, ONDCP issued the Strategy late, in May 
2010--3 months after the deadline established by statute. One month 
later, in June 2010, ONDCP issued funding guidance which was viewed as 
too late for three of the six agencies. Similarly, during the prior 
year, ONDCP issued the fiscal year 2011 funding guidance in June 2009, 
which was viewed as too late for two of the six agencies. According to 
ONDCP officials, the 2009 guidance was not issued until June 2009 
because the new ONDCP Director had not been confirmed until 1 month 
earlier, in May 2009 and ONDCP delayed issuance in order to determine 
whether the guidance accurately reflected the policy and program 
priorities of the new Director. Officials at three of the six agencies 
stated that they would prefer that ONDCP issue the funding guidance in 
February or March. ONDCP officials stated that they intend to issue 
the funding guidance earlier in future fiscal years to address agency 
concerns about the timing of the guidance. In addition, four of the 
six agencies we contacted reported that the timing of ONDCP's written 
review of summer budget submissions can be somewhat or very 
challenging. ONDCP officials stated that they would like to give 
agencies adequate time for a departmental review of ONDCP funding 
guidance before they provide their summer budget submissions to their 
Departments and ONDCP. They explained that this is intended to assist 
agencies in accommodating the ONDCP funding guidance before their 
departmental and ONDCP reviews. ONDCP officials also stated that they 
plan to issue written reviews earlier for future fiscal years to 
address agency concerns about the timing of the reviews. 

As discussed earlier, National Drug Control Program agencies are to 
submit to ONDCP, not later than February 1 of each year, a detailed 
accounting of all funds expended by the agencies for drug control 
program activities during the previous fiscal year, which are to be 
authenticated by the IG of the relevant agency via an attestation 
report. Officials with four agencies we contacted reported that 
ONDCP's December 31st deadline for components to submit reports to the 
IG for attestation review could be somewhat challenging. One senior 
official explained that agencies can encounter difficulty preparing 
the reports at the end of the calendar year, when staff are not always 
available because of holidays and annual leave and the components have 
the competing task of preparing the budget for the upcoming fiscal 
year. ONDCP officials acknowledged that the challenge for agencies may 
be related to the statutorily required February 1st deadline for 
submission of the attestation reports, but noted that the deadline was 
agreed upon by the IGs when ONDCP developed the applicable circular 
and the deadline is consistent with the deadline for preparing 
financial documents under the Chief Financial Officers (CFO) Act. 
[Footnote 27] Given the deadline for submitting these reports, 
agencies have a 1-month time frame for completing the data and 
completing the reports from the end of the calendar year to February 1. 

Finally, officials from four of the six agencies reported that one of 
the challenges they encountered was that ONDCP's Demand Reduction 
Interagency Working Group (IWG) did not incorporate budget 
constraints.[Footnote 28] For example, a senior official from one 
agency said that IWG discussions about agencies' drug budgets could be 
somewhat challenging because , at the time of these discussions, 
funding levels are not yet known and the priorities discussed by the 
IWG may potentially affect the funds available for other programs. 
Likewise, three of these four agencies said it could be somewhat 
challenging to develop the budget because, according to officials at 
these agencies, ONDCP priorities may not be accompanied by recommended 
budgetary offsets. A senior official from one of these agencies 
commented that when the agency is developing a budget with reduction 
goals, there should be corresponding budgetary offsets to fund 
initiatives. ONDCP officials said the incorporation of budget 
constraints is an inherent challenge in any budget process and that 
they try to consider budget constraints when formulating priorities. 
Moreover, among other things, ONDCP, OMB, and the Domestic Policy 
Council's June 2010 memorandum placed responsibility for identifying 
and recommending offsetting reductions for proposed drug program 
increases on drug control agencies. ONDCP officials said that this 
focus on funding offsets was intended to recognize that there are 
competing priorities when developing budgets and to clarify how 
agencies were to manage such priorities (see enclosure III for further 
details on this memorandum). They also said that ONDCP requests that 
agencies submit recommended budget offsets with their summer drug 
budget submission so that ONDCP can ensure the offsets are consistent 
with ONDCP's priorities. 

Agency Comments and Our Evaluation: 

We requested comments on a draft of this report from the Director of 
the Office of National Drug Control Policy. ONDCP provided written 
comments on April 27, 2011 which are summarized below and reprinted in 
Enclosure IV. 

In its comments, ONDCP noted that the report provides a thoughtful 
review of ONDCP's process for developing programs and policies in 
support of the National Drug Control Strategy. ONDCP stated that the 
report demonstrated a comprehensive understanding of ONDCP's role in 
the budget process and provided feedback that highlights the various 
interactions it has with other federal drug control agencies. ONDCP 
further stated that this feedback will help it build stronger and more 
communicative relationships with other drug control agencies and 
enable ONDCP to improve its budgetary process. 

We are sending copies of this report to the Director of the Office of 
National Drug Control Policy, the Director of the Office of Management 
and Budget, appropriate congressional committees, and other interested 
parties. In addition, this report will be available at no charge on 
the GAO Web site at [hyperlink, http://www.gao.gov]. If you have any 
further questions about this report, please contact me at (202) 512-
8777 or larencee@gao.gov. Contact points for our Offices of 
Congressional Relations and Public Affairs may be found on the last 
page of this report. Key contributors to this report are listed in 
enclosure V. 

Signed by: 

Eileen Regan Larence: 
Director, Homeland Security & Justice Issues: 

Enclosures (5): 

List of Committees: 

The Honorable Patrick J. Leahy:
Chairman:
Committee on the Judiciary:
United States Senate: 

The Honorable Richard Durbin:
Chairman:
The Honorable Jerry Moran:
Ranking Member:
Subcommittee on Financial Services and General Government:
Committee on Appropriations:
United States Senate: 

The Honorable Dianne Feinstein:
Chairman:
Caucus on International Narcotics Control:
United States Senate: 

The Honorable Charles E. Grassley:
Ranking Member:
Committee on the Judiciary:
Co-Chairman:
Caucus on International Narcotics Control:
United States Senate: 

The Honorable Lamar Smith:
Chairman:
The Honorable John Conyers, Jr.
Ranking Member:
Committee on the Judiciary:
House of Representatives: 

The Honorable Jo Ann Emerson:
Chairwoman:
The Honorable José E. Serrano:
Ranking Member:
Subcommittee on Financial Services and General Government:
Committee on Appropriations:
House of Representatives: 

The Honorable Trey Gowdy:
Chairman:
The Honorable Danny Davis:
Ranking Member:
Subcommittee on Health Care, District of Columbia, Census and the 
National Archives:
Committee on Oversight and Government Reform:
House of Representatives: 

[End of section] 

Enclosure I: Federal Components, Agencies and Programs Included in the 
Fiscal Year 2012 Drug Control Budget: 

The following is a list of the federal components, agencies and 
programs included in the Fiscal Year 2012 Drug Control Budget. 

Department of Agriculture: 

* U.S. Forest Service: 

Court Services and Offender Supervision Agency for the District of 
Colombia Department of Defense: 

* Drug Interdiction and Counterdrug Activities: 

* Counterdrug OPTEMPO[Footnote 29] 

Department of Education Federal Judiciary Department of Health and 
Human Services: 

* Centers for Medicare and Medicaid Services: 

* Health Resources and Services Administration: 

* Indian Health Service: 

* National Institute on Alcohol Abuse and Alcoholism: 

* National Institute on Drug Abuse: 

* Substance Abuse and Mental Health Services Administration: 

Department of Homeland Security: 

* Customs and Border Protection: 

* Federal Emergency Management Agency: 

* Federal Law Enforcement Training Center: 

* Immigration and Customs Enforcement: 

* United States Coast Guard: 

* Office of Counternarcotics Enforcement: 

Department of the Interior: 

* Bureau of Indian Affairs: 

* Bureau of Land Management: 

* National Park Service: 

Department of Justice: 

* Assets Forfeiture Fund: 

* Bureau of Prisons: 

* Criminal Division: 

* Drug Enforcement Administration: 

* Organized Crime Drug Enforcement Task Force Program: 

* Office of Federal Detention Trustee: 

* Office of Justice Programs: 

* National Drug Intelligence Center: 

* U.S. Attorneys: 

* U.S. Marshals Service: 

Office of National Drug Control Policy Small Business Administration 
Department of State: 

* Bureau of International Narcotics and Law Enforcement Affairs: 

* United States Agency for International Development: 

Department of Transportation: 

* Federal Aviation Administration: 

* National Highway Traffic Safety Administration: 

Department of the Treasury: 

* Internal Revenue Service: 

Department of Veterans Affairs: 

* Veterans Health Administration: 

[End of Enclosure I] 

Enclosure II: Federal Departments, Components, Agencies, and Programs 
Included in the Fiscal Year 2010 Drug Control Budget and Those 
Designated as Other Related Drug Control Program Agencies: 

The following are the 23 federal components, agencies, and programs 
included in the Fiscal Year 2010 Drug Control Budget: 

Department of Defense: 

Department of Education: 

Department of Health and Human Services: 

* Centers for Medicare and Medicaid Services: 

* National Institute of Health - National Institute on Drug Abuse: 

* Substance Abuse and Mental Health Services Administration: 

* Indian Health Services: 

Department of Homeland Security: 

* Customs and Border Protection: 

* Immigration and Customs Enforcement: 

* United States Coast Guard: 

* Office of Counternarcotics Enforcement: 

Department of the Interior: 

* Bureau of Indian Affairs: 

Department of Justice: 

* Bureau of Prisons: 

* Drug Enforcement Administration: 

* Organized Crime Drug Enforcement Task Force Program: 

* Office of Justice Programs: 

* National Drug Intelligence Center: 

Executive Office of the President: 

* Office of National Drug Control Policy: 

Department of State: 

* Bureau of International Narcotics and Law Enforcement Affairs: 

* United States Agency for International Development: 

Department of Transportation: 

* National Highway Traffic Safety Administration: 

Department of the Treasury: 

* Internal Revenue Service: 

Department of Veterans Affairs: 

* Veterans Health Administration: 

Small Business Administration: 

The following are 26 agencies and programs in the Fiscal Year 2010 
Drug Control Budget reflected as Other Related Drug Control Program 
Agencies. 

Department of Agriculture: 

* U.S. Forest Service: 

* Food and Nutrition Service: 

Corporation for National and Community Service DC Court Services and 
Offender Supervision Agency Department of Health and Human Services: 

* Administration for Children and Families: 

* Centers for Disease Control and Prevention: 

* National Institute on Alcohol Abuse and Alcoholism: 

Department of Homeland Security: 

* U.S. Secret Service: 

* Federal Law Enforcement Training Center: 

Department of the Interior: 

* Bureau of Land Management: 

* National Park Service: 

* Indian Police Academy: 

The Federal Judiciary: 

* Administrative Office of the United States Courts: 

Department of Justice: 

* Assets Forfeiture Fund: 

* Bureau of Alcohol, Tobacco, Firearms, and Explosives: 

* U.S. Attorneys: 

* Bureau of Prisons[Footnote 30] 

* Community Oriented Policing Services: 

* Criminal Division: 

* Federal Bureau of Investigation: 

* Office of Federal Detention Trustee: 

* INTERPOL: 

* U.S. Marshals Service: 

Department of Labor: 

* Internal Drug-Free Workplace: 

* Job Corps: 

Department of Transportation: 

* Federal Aviation Administration: 

[End of Enclosure II] 

Enclosure III: Summary of Benefits and Challenges Associated with the 
Drug Control Budget Development Process That the Six Selected Agencies 
Reported on a Less Frequent Basis: 

This enclosure describes the additional benefits and challenges 
regarding the process for developing the National Drug Control Budget 
that were reported less frequently by agency officials at the six 
agencies we contacted. Specifically, table 3 lists two benefits less 
frequently reported by these six agencies. 

Table 3: Benefits Associated with the Office of National Drug Control 
Program's (ONDCP) Drug Control Budget Process Identified on a Less 
Frequent Basis by Six Selected Agencies: 

Please indicate how effectively each of the following aspects of the 
National Drug Control Budget development process is working for your 
agency: 

Benefit: Collaboration, communication, and information sharing among 
drug control agencies; 
Agency responses by category: 
Very effective: 0; 
Somewhat effective: 3; 
Not effective: 1; 
Not applicable: 2; 
Total: 6. 

Benefit: Agency input into the National Drug Control Strategy and/or 
ONDCP priorities through the Interagency Working Group; 
Agency responses by category: 
Very effective: 1; 
Somewhat effective: 1; 
Not effective: 1; 
Not applicable: 3; 
Total: 6. 

Source: GAO analysis of questionnaire responses. 

[End of table] 

Officials representing three of the six agencies said that the ONDCP 
process is somewhat effective in increasing collaboration, 
communication, and information sharing among drug control agencies. 
For instance, a senior official at one of these agencies stated that 
an Interagency Working Group initiated by ONDCP to address demand 
reduction issues led to greater collaboration and cooperation among 
drug control agencies than in previous years. Similarly, of the six 
agencies reported that agency input into either or both the Strategy 
and ONDCP priorities through the Interagency Working Group was 
somewhat or very effective. For example, a senior official at one of 
these agencies stated that in prior years, his agency had little or no 
input into the Strategy, but, by participating in the Interagency 
Working Group, his agency worked with ONDCP to create the 2010 
Strategy and corresponding funding guidance. A senior official from 
the other agency stated that his agency's review of and comments on 
the Strategy are reflected in it as are the agency's drug control 
efforts. ONDCP officials stated that the 2010 Strategy reflected much 
more agency input than in past years and the Strategy was vetted by 
the drug control Cabinet Secretaries and through an interagency 
clearance process. Table 4 lists 10 challenges associated with ONDCP's 
process for developing and monitoring the Drug Control Budget less 
frequently reported by the six agencies in our review. 

Table 4: Challenges Associated with ONDCP's Process for Developing and 
Monitoring the Drug Control Budget Less Frequently Reported by Six 
Selected Agencies: 

Please indicate how challenging each of the following aspects of the 
National Drug Control Budget development process is for your agency: 

Challenge: Different priorities from each of the Executive Offices of 
the President; 
Agency responses by category: 
Very challenging: 1; 
Somewhat challenging: 2; 
Not challenging: 1; 
Not applicable: 2; 
Total: 6. 

Challenge: Absence of recommended budget offsets accompanying ONDCP's 
priorities; 
Agency responses by category: 
Very challenging: 0; 
Somewhat challenging: 3; 
Not challenging: 1; 
Not applicable: 2; 
Total: 6. 

Challenge: ONDCP priorities may not take into account pending requests 
in Congress; 
Agency responses by category: 
Very challenging: 1; 
Somewhat challenging: 2; 
Not challenging: 1; 
Not applicable: 2; 
Total: 6. 

Challenge: ONDCP's dual role: policy oversight and program management; 
Agency responses by category: 
Very challenging: 1; 
Somewhat challenging: 2; 
Not challenging: 1; 
Not applicable: 2; 
Total: 6. 

Challenge: Frequency of communication between drug control agencies 
and ONDCP; 
Agency responses by category: 
Very challenging: 1; 
Somewhat challenging: 2; 
Not challenging: 3; 
Not applicable: 0; 
Total: 6. 

Challenge: Type of staff involved (i.e., budget, policy, program, 
department) in the communication between drug control agencies and 
ONDCP; 
Agency responses by category: 
Very challenging: 0; 
Somewhat challenging: 3; 
Not challenging: 3; 
Not applicable: 0; 
Total: 6. 

Challenge: Workload of IG attestation reports; 
Agency responses by category: 
Very challenging: 1; 
Somewhat challenging: 2; 
Not challenging: 2; 
Not applicable: 1; 
Total: 6. 

Challenge: ONDCP's recommended changes in budget formulation 
methodology; 
Agency responses by category: 
Very challenging: 1; 
Somewhat challenging: 2; 
Not challenging: 0; 
Not applicable: 3; 
Total: 6. 

Challenge: Different budget formats of ONDCP (single-year) and OMB 
(multiyear); 
Agency responses by category: 
Very challenging: 1; 
Somewhat challenging: 2; 
Not challenging: 1; 
Not applicable: 2; 
Total: 6. 

Challenge: Timing of ONDCP's fall certification letter; 
Agency responses by category: 
Very challenging: 0; 
Somewhat challenging: 2; 
Not challenging: 3; 
Not applicable: 1; 
Total: 6. 

Source: GAO analysis of questionnaire responses. 

[End of table] 

Incorporation of ONDCP's Priorities. Officials from half of the six 
agencies we contacted identified challenges related to competing 
priorities and incorporating ONDCP's priorities into their budgets. 
Specifically, these agencies cited challenges associated with 
developing their drug control-related budgets for ONDCP including (1) 
different priorities from the Executive Offices of the President, (2) 
the absence of recommended offsets accompanying ONDCP's priorities, 
(3) ONDCP priorities not taking into account pending requests made in 
a prior fiscal year, and (4) ONDCP's dual policy and program 
management role. 

Officials from three agencies reported that different priorities from 
the Executive Office of the President--such as balancing ONDCP's drug 
control advocacy role with OMB's role of promoting spending 
constraints--is somewhat or very challenging. For example, whereas 
ONDCP may be an advocate for agencies increasing funding for drug 
control programs, OMB may be an advocate for agencies finding ways to 
leverage scarce resources in an era of budgetary constraint, such as 
the Office of Management and Budget's (OMB) efforts in 2010 to freeze 
domestic nonsecurity spending. In an effort to demonstrate agreement 
among the Executive Office of the President, as previously discussed, 
in June 2010, ONDCP, OMB, and the Domestic Policy Council (DPC) issued 
a joint memorandum to provide guidance to departments and agencies for 
the development of proposals for the fiscal year 2012 budget intended 
to advance and support the Strategy.[Footnote 31] Among other things, 
the memorandum stated that: 

"Agencies are urged to leverage, align, and/or target well performing, 
evidence-based programs to attain the goals outlined in the Strategy. 
In keeping with the Administration's 3-year freeze on domestic non- 
security discretionary spending, agencies are advised to identify and 
recommend offsetting reductions for any proposed drug program 
increases. 

Most agencies receiving this guidance have primary missions not 
directly tied to drug control but nonetheless have critical 
responsibilities in implementing the Strategy. Therefore, we ask that 
all budget decisions be carefully weighed against their impact on 
achieving the Administration's drug control goals, as well as other 
Administration priorities." 

ONDCP officials said that the joint memorandum was intended as a 
policy statement of the administration's and ONDCP's priorities while 
ONDCP's funding guidance provided greater detail about ONDCP's 
priorities than the joint memorandum. 

Likewise, officials at three agencies said it could be somewhat 
challenging to develop the budget because ONDCP priorities may not be 
accompanied by recommended budgetary offsets. A senior official from 
one of these agencies commented that when the agency is developing a 
budget with reduction goals, there should be corresponding budgetary 
offsets to funding initiatives. Additionally, similar to the memo's 
directives, a senior official at another of these agencies explained 
that offsets should be determined internally by the agency and in 
collaboration with ONDCP and OMB. In addition, officials at three of 
the agencies said that ONDCP priorities may not take into 
consideration funding requests that agencies have already made in 
prior year budgets. For example, ONDCP's guidance may direct an agency 
to request funding for a program for the next fiscal year while 
Congress is considering whether to fund a request for the same program 
as part of budget deliberations submitted in the prior fiscal year. 
ONDCP officials stated that due to ONDCP's role of integrating and 
coordinating federal drug control efforts, at times ONDCP's priorities 
may be at odds with those of individual departments, and recognized 
the inherent challenges agencies can face in balancing these competing 
priorities. ONDCP officials explained that they are an advocate for 
drug control policy and are to ensure the priorities of the 
administration are funded. 

Additionally, three of the agencies we contacted reported that ONDCP's 
dual policy oversight and program management role was somewhat or very 
challenging.[Footnote 32] A senior official at one of the agencies 
explained that ONDCP may not be a neutral advocate for funding the 
best drug control programs because ONDCP manages its own drug control 
programs. A senior official from another agency noted that ONDCP's 
dual policy and oversight roles are limited. ONDCP officials stated 
that the drug control programs managed by ONDCP are relatively small 
and they believe these programs do not compete for funding with other 
federal drug control programs. Thus, they disagreed that there is a 
conflict between ONDCP's policy oversight and program management roles. 

Frequency of Communication and Type of Staff Participating. Three 
agencies also identified challenges related to communication with 
ONDCP in the Drug Control Budget development process.[Footnote 33] 
These agencies reported that frequency of communication with ONDCP 
could be somewhat or very challenging. By contrast, officials from the 
three remaining agencies reported that frequency of communication was 
not a challenge. Of the three agencies identifying communication 
challenges, a senior official stated that communication with ONDCP is 
infrequent, as ONDCP primarily contacts the agency when it has 
specific questions about the agency's budget submission, such as when 
the summer or fall drug budget submissions are due. Additionally, 
agency officials commented that the role of the agency staff (e.g., 
staff having budget, policy, or program responsibility) involved in 
communication with ONDCP could be somewhat challenging because ONDCP 
may not be communicating with knowledgeable staff on a particular 
issue. For example, a senior official at another agency stated that 
ONDCP frequently has technical clarification questions, which could be 
resolved more quickly if ONDCP contacted the officials with knowledge 
about these areas rather than senior departmental staff. ONDCP 
officials stated that they consistently and frequently communicate 
with drug control agencies and that the agency's departmental budget 
staff requested that ONDCP coordinate through their staff instead of 
dealing directly with the bureaus. ONDCP agreed to this arrangement 
with the understanding that information would be provided from the 
bureaus without modification and in a timely manner. 

Budget Formulation and Format. Officials in the agencies we contacted 
also reported additional challenges associated with budget 
formulation. For example, three agencies reported challenges related 
to ONDCP's budget development requirements, including ONDCP's budget 
formulation methodology and the challenge associated with determining 
the portion of an agency's costs that can relate to various 
activities--such as costs associated with technology or 
transportation. Determining the portion of an agency's costs that 
relate to various activities include considering those that are 
associated with its drug control mission (i.e., costs that are within 
ONDCP's jurisdiction) and those that are not (i.e., costs that are not 
related to the agency's drug control mission). Thus, according to 
officials at one agency, ONDCP might request agencies to include 
additional costs such as equipment usage that it deems drug control 
related. A senior agency official stated that it can be challenging 
when ONDCP changes the methodology because the agency has to rework 
its calculations. ONDCP officials responded that the agencies have 
different perspectives regarding which costs are specific to drug 
control. In 2010, ONDCP explained that it was difficult to fully 
determine what activities are drug control related because of the 
multifaceted nature of each department and the complex structure of 
the federal budget. As discussed earlier, in February 2011, ONDCP 
announced that it had restructured the Drug Control Budget to develop 
an accurate and reliable accounting of federal resources that are 
being spent on the drug control mission. ONDCP said that it plans to 
continue to follow this approach. In addition, three agencies reported 
that the different budget formats between ONDCP and OMB are somewhat 
or very challenging. For example, ONDCP requires agencies to present 
budget information by drug control function, such as prevention or 
treatment, and OMB requires agencies to present budget information by 
budget account. ONDCP staff responded that they are currently 
considering implementing a new budget formulation system intended to 
lessen the burden on agencies when formatting and submitting data to 
ONDCP. 

Attestation Workload. Three agencies reported that the workload of 
Inspector General (IG) attestation reports could be somewhat or very 
challenging. In response, ONDCP officials said that generally, IG 
attestation reports are to ensure the accuracy of drug control 
agencies' methodology. ONDCP officials explained that it is important 
to know that there is a proper accounting of dollars spent on drug 
control. They also stated that the IG attestation reports are 
important because they have identified numerous deficiencies. For 
example, according to ONDCP, one report alerted ONDCP to major 
accounting deficiencies within one drug control agency that lacked a 
mechanism to properly track and monitor reprogramming and transfer 
requests. ONDCP officials stated that the problem was resolved. 
Similarly, another attestation report identified weaknesses in a drug 
control agency's financial reporting, and the integrity of the 
agency's financial data submitted to ONDCP. In another instance, an 
attestation report conducted by one IG alerted ONDCP to performance 
measures that did not encompass all of the agency's significant drug 
control activities. ONDCP officials said they are working with one 
agency to resolve issues that were raised in one of the reports. In 
addition, officials with the other agency stated that ONDCP had worked 
with them toward resolving issues arising out of the other report. 

Timing of Fall Certification Letters. Two agencies reported that the 
timing of ONDCP's fall certification letter could be somewhat or very 
challenging. A senior agency official stated that in regard to ONDCP's 
funding guidance, summer review letter, and fall certification letter, 
the agency has pivotal internal budget formulation time lines and the 
sooner the agency receives the documents from ONDCP, the better. The 
official explained that the more lead time the agency has to make its 
decisions, the more helpful it is for policymakers to consider ONDCP's 
feedback when the agency is finalizing its submissions. As discussed 
earlier, ONDCP plans to issue funding guidance and its written reviews 
earlier in future fiscal years that should help address these concerns. 

[End of Enclosure III] 

Enclosure IV: Agency Comments: 

Executive Office Of The President: 
Office Of National Drug Control Policy: 
Washington, D.C. 20503: 

April 27, 2011: 

Eileen R. Larence: 
Director, Homeland Security and Justice: 
Government Accountability Office: 
441 G Street, NW: 
Washington, DC 20548: 

Re: Office of National Drug Control Policy: Agencies View the Budget 
Process as Useful for Identifying Priorities, But Challenges Exist: 

Dear Ms. Larence: 

The Government Accountability Office (GAO) provides a thoughtful 
review of the Office of National Drug Control Policy's (ONDCP) process 
for developing programs and policies in support of the President's 
National Drug Control Strategy. ONDCP oversees and coordinates the 
Federal drug control efforts and establishes policies and priorities 
for National Drug, Control Program agencies to implement the goals and 
objectives of the National Drug Control Strategy. 

The above-referenced report demonstrates a comprehensive understanding 
of ONDCP's important role in the budgetary process. We commend your 
staff for highlighting our various interactions with the other Federal 
drug control agencies and for providing feedback. The feedback will 
help us build even stronger and more communicative relationships. 

I appreciate the significant time and effort your staff dedicated to 
this important	endeavor, and thank you For presenting feedback in a 
manner that enables ONDCP to improve its budgetary process. 

Sincerely, 

Signed by: 

R. Gil Kerlikowske: 
Director: 

[End of Enclosure IV] 

Enclosure V: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

Eileen Larence, (202) 512-6510 or larencee@gao.gov: 

Staff Acknowledgments: 

In addition to the contact named above, John Mortin, Assistant 
Director, and Keira Dembowski, analyst-in-charge, managed this review. 
Margaret Childs, James Lawson, Kevin Nicholas, and Neetha Rao made 
significant contributions to the work. Willie Commons III, Edda 
Emmanuelli-Perez , and Jan Montgomery provided significant legal 
support and analysis. David Alexander provided significant assistance 
with design and methodology. Lara Miklozek and Linda Miller provided 
significant assistance in report preparation. 

[End of Enclosure V] 

Footnotes: 

[1] ONDCP was created and authorized through January 21, 1994, by the 
National Narcotics Leadership Act of 1988 (codified at 21 U.S.C. 1501 
et seq.), in title 1 of the Anti-Drug Abuse Act of 1988, Pub. L. No. 
100-690, 102 Stat. 4181. The National Narcotics Leadership Act 
Amendments, in subtitle B of title IX of the Violent Crime Control and 
Law Enforcement Act of 1994, Pub. L. No. 103-322, 108 Stat. 1796, 1990-
96, reauthorized ONDCP through fiscal year 1997. These provisions were 
repealed as of September 30, 1997. Congress approved ONDCP funding for 
fiscal year 1998 in the Treasury and General Government Appropriations 
Act, 1998, Pub. L. No. 105-61, 111 Stat. 1272, signed into law on 
October 10, 1997. ONDCP was reauthorized by the Office of National 
Drug Control Policy Reauthorization Act of 1998, Div. C. of title VII 
of Pub. L. No. 105-277, 112 Stat. 2681-670, through September 30, 
2003. Under the Office of National Drug Control Policy Reauthorization 
Act of 2006, Pub. L. No. 109-469, 120 Stat. 3502, ONDCP was 
reauthorized through fiscal year 2010. Pursuant to 21 U.S.C. § 1712, 
the provisions relating to ONDCP found at Title 21, chapter 22 (21 
U.S.C. §§ 1701-1711), were "repealed" effective September 30, 2010. 
However, ONDCP continues to operate pursuant to the Department of 
Defense and Full-Year Continuing Appropriations Act, 2011, Pub. L. No. 
112-10, 125 Stat. 38, which provides continued funding. 

[2] 21 U.S.C. §§ 1703(b)(2) and 1705(a)(1). 

[3] 21 U.S.C. § 1703(c)(2)(A). ONDCP prepares a budget proposal it 
refers to as the National Drug Control Budget Summary. For purposes of 
this report, we refer to this proposal as the Drug Control Budget. 

[4] 21 U.S.C. § 1703(b)(3). Also, under 21 U.S.C. § 1701(7), the term 
National Drug Control agency means any agency that is responsible for 
implementing any aspect of the National Drug Control Strategy, 
including any agency that receives federal funds to implement any 
aspect of the National Drug Control Strategy, subject to certain 
exceptions regarding intelligence agencies. 

[5] In 2008, the National Academy of Public Administration's report 
entitled Building the Capacity to Address the Nation's Drug Problem 
recommended that ONDCP develop a comprehensive budget to ensure that 
policymakers and the public have a full understanding of federal drug 
control expenditures. In response to this recommendation, ONDCP 
undertook a review of the National Drug Control Budget to determine 
which agencies and programs should constitute the National Drug 
Control Budget. As a result, it decided to restructure the budget. 

[6] Pub. L. No. 109-469, § 203(b), 120 Stat. 3502, 3518 
(2006)(codified at 21 U.S.C. § 1708a(b)). 

[7] By July 1 of each year, the Director of ONDCP is to provide budget 
recommendations, including requests for specific initiatives that are 
consistent with the priorities of the President under the National 
Drug Control Strategy, to the heads of departments and agencies with 
responsibilities under the National Drug Control Program. This annual 
guidance is intended to ensure that each agency's budget submission is 
adequate to implement the objectives of the National Drug Control 
Strategy. 

[8] Prior to the restructuring of the 2012 Drug Control Budget, Other 
Related Drug Control agencies were those that had drug control 
responsibilities, but their primary mission did not include drug 
control nor did they have readily identifiable drug control line items 
in the President's budget. For example, the primary mission of AOUSC 
is to serve the federal judiciary in carrying out its mission to 
provide equal justice under the law, but AOUSC was considered an Other 
Related Drug Control Program agency prior to the restructuring of the 
Drug Control Budget because it reported the costs of the federal 
judiciary's drug-related court and probation cases. 

[9] 21 U.S.C. § 1703(b)(8). 

[10] 21 U.S.C. § 1703(c)(1). 

[11] 21 U.S.C. § 1703(b)(2). 

[12] 21 U.S.C. § 1705(a)(2)(A). 

[13] ONDCP issues these circulars to the agencies, which are updated 
periodically to reflect changes to the budget process. ONDCP's last 
update occurred in 2007. 

[14] 21 U.S.C. § 1703(b)(8). 

[15] During fiscal year 2010, ONDCP issued funding guidance, as 
required by law, but agencies were instructed by OMB to develop their 
budgets based on fiscal year 2010 budget levels. According to ONDCP 
guidance, this approach was intended to enable the next administration 
to develop its fiscal year 2010 budget proposals. Given these 
circumstances, we selected fiscal year 2009 to compare the funding 
guidance to the National Drug Control Strategy. 

[16] 21 U.S.C. § 1703(c)(1). 

[17] 21 U.S.C. § 1703(c)(3)(E). 

[18] DOD's fall budget was not certified because DOD did not address 
ONDCP's recommended program increases. The Emergency Supplemental 
Appropriations for fiscal year 1999 provided significant supplemental 
funding for the national drug control budget, particularly in areas in 
which ONDCP had recommended increases during the budget certification 
process. For example, DOD received an additional $42 million in 
counterdrug funding. When added to its regular counterdrug 
appropriation of $895 million, DOD's total counterdrug funding for 
fiscal year 1999 ($937 million) was nearly equal to what ONDCP had 
originally recommended ($950 million). 

[19] Pub. L. No. 109-469, 120 Stat. 3502 (2006). 

[20] 21 U.S.C. § 1705(c)(4). 

[21] The Director of ONDCP has the responsibility to make such 
recommendations to the President as the Director determines are 
appropriate regarding changes in the organization, management, and 
budgets of National Drug Control Program agencies, and changes in the 
allocation of personnel to and within those departments and agencies, 
to implement the policies, goals, priorities, and objectives 
established by the President for the National Drug Control Program and 
the National Drug Control Strategy. 

[22] Agencies finance higher priority needs by moving funds within 
appropriations. Transfers occur when agencies move budgetary resources 
from one account to another. Reprogrammings occur when budgetary 
resources are moved from one activity to another within the same 
account. 

[23] 21 U.S.C. § 1704(d)(7). 

[24] Attestation engagements concern examining, reviewing, or 
performing agreed-upon procedures on a subject matter or an assertion 
about a subject matter and reporting on the results. An assertion is 
any declaration or set of declarations made by management about 
whether the subject matter is based on or in conformity with the 
criteria selected. Government Auditing Standards: 2007 Revision, 
[hyperlink, http://www.gao.gov/products/GAO-07-731G] (July 2007). 

[25] For example, whereas ONDCP may be an advocate for agencies 
increasing funding for drug control programs, OMB may be an advocate 
for agencies finding ways to leverage scarce resources in an era of 
budgetary constraint, such as OMB's efforts in 2010 to freeze domestic 
non-security spending. In an effort to demonstrate agreement among the 
Executive Office of the President, in June 2010, ONDCP, OMB, and the 
Domestic Policy Council (DPC) issued a joint memorandum which was 
intended to help agencies make budgetary decisions by weighing 
competing priorities and diminished resources (for additional details 
on this memorandum, see enclosure III). The DPC coordinates the 
domestic policymaking process in the White House and, according to 
ONDCP officials, the DPC works with ONDCP regarding mutual drug 
control interests, such as student drug testing programs. 

[26] In only one instance did more than one agency characterize any 
particular issue as very challenging. 

[27] The CFO Act of 1990, Pub. L. No. 101-576 , 104 Stat. 2858, as 
amended by the Government Management Reform Act of 1994, Pub. L. No. 
103-356, 108 Stat. 3410, requires the major 24 agencies of the federal 
government to prepare and submit audited financial statements. 

[28] In April 2009, ONDCP convened the IWG, comprised of subject 
matter experts representing various drug control agencies, to increase 
the nation's focus on preventing and treating substance abuse with a 
particular emphasis on informing the development of the National Drug 
Control Strategy and providing input unto the budget guidance process 
for demand reduction programs. ONDCP's Office of Demand Reduction 
focuses on promoting drug prevention and drug treatment programs, as 
well as the focus on programs for individuals in recovery from 
addiction. 

[29] According to ONDCP, OPTEMPO refers to the costs associated with 
the operation of aircraft and ships, based upon the number of flight 
hours or steaming days. Counternarcotics OPTEMPO is that portion of 
the DOD OPTEMPO costs estimated to be in support of counternarcotics 
activities. 

[30] For fiscal year 2010, Bureau of Prisons (BOP) funds reflected in 
Other Related Drug Control Program Agencies were for the consequences- 
related costs of corrections and BOP funds included in the Drug 
Control Budget were those funds dedicated to residential substance 
abuse treatment for all eligible inmates. As a part of the fiscal year 
2012 request, all of these costs were included in the Drug Control 
Budget. 

[31] The Domestic Policy Council (DPC) coordinates the domestic 
policymaking process in the White House and, according to ONDCP 
officials, the DPC works with ONDCP regarding mutual drug control 
interests, such as student drug testing programs. 

[32] In addition to overseeing and coordinating the nation's drug 
control efforts, ONDCP is responsible for managing programs such as 
the High Intensity Drug Trafficking Areas Program (HIDTA), the 
National Youth Anti-Drug Media Campaign, and the Drug-Free Communities 
(DFC) Support Program. Specifically, the Director of ONDCP, in 
consultation with others, may designate HIDTAs and provide overall 
policy guidance and oversight for the award and management of federal 
resources to HIDTAs. As part of its Media Campaign, ONDCP is to help 
prevent youth drug use through messages to youth and their parents and 
mentors. Through DFC, ONDCP provides grants to community antidrug 
coalitions to reduce substance abuse among youth. 

[33] Three of the six agencies reported that the frequency of 
communication and the type of staff involved in communication is not 
challenging. For example, an agency official stated that the 
communication between his agency and ONDCP occurs on an ad hoc basis, 
but is not challenging. 

[End of section] 

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