Drug Control: The Office of National Drug Control Policy Should Develop Key Planning Elements to Meet Statutory Requirements
Released: 2019-12-18T00:00:00

Letter

Background

ONDCP’s Responsibilities

ONDCP was established by the Anti-Drug Abuse Act of 1988 as a component of the Executive Office of the President, and its Director is to assist the President in the establishment of policies, goals, objectives, and priorities for the National Drug Control Program. ONDCP is responsible for (1) leading the national drug control effort, (2) coordinating and overseeing the implementation of national drug control policy, (3) assessing and certifying the adequacy of National Drug Control Programs and the budget for those programs, and (4) evaluating the effectiveness of national drug control policy efforts. About a dozen National Drug Control Program agencies, as identified by ONDCP, have responsibilities for drug prevention, treatment, and law enforcement activities.

Developing the National Drug Control Strategy

Among other responsibilities, the Director of ONDCP is required to develop and promulgate the National Drug Control Strategy. The National Drug Control Strategy is to set forth a comprehensive 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. Many of the SUPPORT Act’s requirements for the National Drug Control Strategy are the same as, or similar to, those that applied under the ONDCP Reauthorization Act of 2006. For example, both laws require the National Drug Control Strategy to include a 5-year projection for the National Drug Control Program and budget priorities. However, there are certain differences, and the SUPPORT Act includes a wide range of detailed new requirements that were not included under the ONDCP Reauthorization Act of 2006. One of these is that the National Drug Control Strategy include a description of how each comprehensive, research-based, long-range quantifiable goal established in the Strategy for reducing illicit drug use and the consequences of illicit drug use in the United States will be achieved. Other examples of new requirements include creating plans to increase data collection and expand treatment of substance use disorders. The SUPPORT Act also requires the Director to release a statement of drug control policy priorities in the calendar year of a presidential inauguration (but not later than April 1). The President is then required to submit to Congress a National Drug Control Strategy not later than the first Monday on February following the year in which the term of the President commences, and every two years thereafter.

Certifying Agency Drug Control Budgets

The Director of ONDCP is also responsible for developing a consolidated National Drug Control Program budget proposal for each fiscal year, which is designed to implement the National Drug Control Strategy and inform Congress and the public about total federal spending on drug control activities. As part of this effort, the Director of ONDCP is required to assess and certify National Drug Control Program agencies’ drug control budgets on an annual basis to determine if they are adequate to meet the goals and objectives of the National Drug Control Strategy. Figure 1 illustrates ONDCP’s budget certification process.

ONDCP Did Not Fully Address Selected Statutory Requirements Related to the National Drug Control Strategy in 2017, 2018, or 2019

For 2017 and 2018, ONDCP Did Not Issue a National Drug Control Strategy

ONDCP did not issue a National Drug Control Strategy for 2017 or 2018. Pursuant to the ONDCP Reauthorization Act of 2006, the Director of ONDCP was required to promulgate the National Drug Control Strategy annually and the President was to submit the National Drug Control Strategy to Congress by February 1 of each year. According to ONDCP officials, ONDCP did not issue a National Drug Control Strategy for these years because (1) ONDCP did not have a Senate-confirmed Director during those years; and (2) 2017 was the administration’s inaugural year, and previous administrations also did not issue a Strategy during their first years. By statute, in the absence of a Director, the Deputy Director of ONDCP is to perform the functions and duties of the Director temporarily in an acting capacity. ONDCP had officials serving as Acting Director beginning in January 2017. The current Director of ONDCP was appointed Deputy Director beginning in February 2018 and served as Acting Director from February 2018 until April 2018. As of April 2018, the current Director continued in his role as Deputy Director until he was confirmed by the Senate as Director of ONDCP in January 2019. The previous administration also did not issue a National Drug Control Strategy in its inaugural year—2009—but it did issue a National Drug Control Strategy in its second year, as shown in table 1. On January 31, 2019, ONDCP issued its National Drug Control Strategy for 2019, which we discuss in more detail later in the report.

Without a National Drug Control Strategy, ONDCP Could Not Complete the Drug Control Budget Certification Process in Accordance with Statutory Requirements in 2017 and 2018

The ONDCP Reauthorization Act of 2006 required the Director of ONDCP to issue drug control funding guidance to the heads of departments and agencies with responsibilities under the National Drug Control Program by July 1 of each year. ONDCP is to issue funding guidance for agency budget proposals for the fiscal year two years in the future. For example, ONDCP was to issue funding guidance to agencies in 2017 for development of the 2019 budget, and issue funding guidance in 2018 for development of the 2020 budget. Such funding guidance was required to address funding priorities developed in the National Drug Control Strategy. National Drug Control Program agencies are to submit their budget requests to ONDCP in the summer of each year (before submission to the Office of Management and Budget) and in the fall of each year (at the same time as submission to the Office of Management and Budget).The Director of ONDCP then determines whether National Drug Control Program agencies’ summer budget requests are adequate to meet the goals of the National Drug Control Strategy and certifies whether fall budget submissions include the funding levels and initiatives identified during the summer budget review.

Since ONDCP did not issue a Strategy in 2017 or 2018, ONDCP could not develop and issue funding guidance, nor could it review and certify budget requests and submissions of National Drug Control Program agencies, in accordance with the statutory requirement. ONDCP officials stated that—in lieu of a Strategy—they used other sources to formulate the administration’s priorities, which served as the basis for drug control funding guidance in 2017 and 2018. For example, for the development of the fiscal year 2019 drug control budget in calendar year 2017, ONDCP officials stated that they relied upon the following sources for drug policy guidance: Initial development of the President’s Initiative to Stop Opioid Abuse and Reduce Drug Supply and Demand;

Draft recommendations from the President’s Commission on Combating Drug Addiction and the Opioid Crisis; policy statements made by the President as a candidate; and policy priorities identified in the fiscal year 2018 President’s Budget.

Additionally, for the development of the fiscal year 2020 funding guidance in calendar year 2018, ONDCP officials stated that they relied upon the following sources for drug policy priorities: the interim and final Report of the President’s Commission on Combating Drug Addiction and the Opioid Crisis; the President’s Initiative to Stop Opioid Abuse and Reduce Drug Supply and Demand; the draft National Security Council Strategic Framework; and a draft 2018 National Drug Control Strategy that ONDCP officials told us they drafted but did not issue.

These sources may have provided ONDCP officials with some information about policy priorities and actions. However, ONDCP officials stated they did not consider these documents to be the National Drug Control Strategy, and none of the sources fulfill the statutory requirements under the ONDCP Reauthorization Act of 2006, which require funding guidance to address priorities from the National Drug Control Strategy. ONDCP officials told us that they provided drug control funding guidance to the heads of departments and agencies with responsibilities under the National Drug Control Program in 2017 and 2018. As described by ONDCP officials, drug control funding guidance identifies key program goals and the programs and activities that require agency funding to achieve the objectives of the National Drug Control Strategy.

ONDCP has since issued the 2019 National Drug Control Strategy which states that it establishes the administration’s drug control priorities. The Strategy also states that the priorities provide federal drug control departments and agencies strategic guidance for developing their own drug control plans and strategies, and that the Strategy is intended to ensure federal drug control budget dollars are allocated in a manner consistent with the administration’s priorities. ONDCP officials told us that the agency intends to issue the next National Drug Control Strategy in February 2020 in accordance with the SUPPORT Act.

ONDCP Issued a 2019 National Drug Control Strategy that Addresses Some, But Not All, Selected Requirements

The 2019 National Drug Control Strategy and companion documents include information to address some but not all selected requirements under the ONDCP Reauthorization Act of 2006. ONDCP issued multiple documents that together were intended to address the requirements for the National Drug Control Strategy. The first document, the 2019 National Drug Control Strategy, was issued January 31, 2019, with three companion documents issued later in April and May 2019. These companion documents were the 2019 Data Supplement, the 2019 Performance Reporting System, and the 2019 Budget and Performance Summary. In our March 2019 testimony, we reported that the first document—the National Drug Control Strategy, which was the only one of the four documents available at the time of our testimony—did not include certain information required under the ONDCP Reauthorization Act of 2006. These selected requirements included: annual quantifiable and measurable objectives and specific targets; a 5-year projection for program and budget priorities; specific drug trend assessments; and a description of a performance measurement system.

Following our March 2019 testimony, we reviewed the three companion documents and found that while they provide some additional information to address these same selected requirements, they do not completely address the requirements. As stated earlier, we based our analysis of the 2019 National Drug Control Strategy and companion documents on the ONDCP Reauthorization Act of 2006, which was the applicable law at the time ONDCP began drafting the Strategy. Current law is reflected in the SUPPORT Act, which includes some of the same requirements from the ONDCP Reauthorization Act of 2006 and some new or different requirements. In the paragraphs below, we identify which selected requirements from the ONDCP Reauthorization Act of 2006 were retained under the SUPPORT Act, and therefore represent current law, and which selected requirements were not retained. For those selected requirements that were not retained, we identify comparable current requirements in the SUPPORT Act.

Annual quantifiable and measurable objectives and specific targets. Pursuant to the ONDCP Reauthorization Act of 2006, the National Drug Control Strategy was required to include “annual quantifiable and measurable objectives and specific targets to accomplish long-term quantifiable goals that the Director determines may be achieved during each year beginning on the date on which the National Drug Control Strategy is submitted.” The SUPPORT Act retained this requirement.

We testified in March 2019 that while the 2019 National Drug Control Strategy lists seven items it designates as measures of performance or effectiveness, the document did not indicate how these would be quantified or measured. The document also did not include targets to be achieved each year. Our subsequent analysis of the three companion documents showed that one additional document provided more information related to this requirement. The 2019 Performance Reporting System includes 9 goals and 17 quantifiable and measurable objectives with specific targets for certain years. Specifically, the goals and objectives identified in the 2019 Performance Reporting System included educating the public about the dangers of drug use; expanding access to evidence-based treatment; decreasing the over-prescribing of opioid medications; and reducing the availability of illicit drugs in the United States through reduced production, increased seizure trends, and increased prices and reduced drug purity, among other things. The document states that each goal “is accompanied by aggressive, but achievable, objectives with two- and five-year targets from a baseline of 2017.”

However, the 2019 Strategy does not meet the statutory requirement because it does not have annual targets that may be achieved each year. Instead, the Performance Reporting System states that 16 of the 17 objectives in the Strategy have 2-year targets to be achieved in 2019, and 14 of the 17 objectives have 5-year targets to be achieved in 2022. The objectives do not include annual targets for the other intervening years— 2018, 2020, and 2021, as required. The Performance Reporting System states that while ONDCP assumes a linear progression from the baseline year—2017, in most cases—to the 2022 target, the trajectory may not actually be linear, “but rather it may occur at varying rates over the 5-year period due to multiple factors which influence the ability to achieve each of the stated goals and objectives.” In contrast, other information ONDCP provided to us stated that annual targets can readily be determined from the linear paths between the 2- and 5-year targets. Without identifying annual targets, the 2019 National Drug Control Strategy and companion documents do not meet the statutory requirement. Further, annual targets would better position ONDCP to monitor progress in intervening years and make any needed changes to achieve its goals and objectives.

The SUPPORT Act continues to require ONDCP to establish annual quantifiable and measurable objectives and specific targets in future Strategy iterations. By taking steps to address this requirement ONDCP could further demonstrate whether it is making meaningful progress every year toward the targets it sets.

A 5-year projection for program and budget priorities. Pursuant to the ONDCP Reauthorization Act of 2006, the National Drug Control Strategy was required to include “a 5-year projection for program and budget priorities.” The SUPPORT Act retained this requirement.

As we testified in March 2019, the 2019 National Drug Control Strategy did not include this information. Our subsequent analysis of the three companion documents showed that one document—the 2019 Performance Reporting System—provided more information about ONDCP’s program priorities but not ONDCP’s budget priorities. Specifically, 14 of the 17 objectives ONDCP included in the 2019 Performance Reporting System contain various 5-year targets, such as to reduce the rates of illicit drug and opioid use among youth by 15 percent. According to ONDCP officials, the objectives and targets in the 2019 Performance Reporting System satisfy the requirement for 5-year program and budget priorities. However, the document does not include how these objectives and targets relate to 5-year budget priorities.

The SUPPORT Act continues to require ONDCP to include a 5-year projection of program and budget priorities in future Strategy iterations. By taking steps to address this requirement, ONDCP and National Drug Control Program agencies will be better positioned to plan for the resources needed to achieve the efforts that will have the greatest impact.

Specific drug trend assessments. Pursuant to the ONDCP Reauthorization Act of 2006, the National Drug Control Strategy was required to include assessments of the reduction of the consequences of illicit drug use and availability and the reduction of illicit drug availability. We testified in March 2019 that the 2019 National Drug Control Strategy did not include these assessments. Our subsequent analysis of the three companion documents showed that the 2019 Data Supplement provided more information to address the required assessments but did not address all of the requirements. For example, the assessment of the reduction of the consequences of illicit drug use and availability was to include, among other things, the annual national health care cost of illicit drug use. However, the most recent national health care cost data in the 2019 Data Supplement is from 2007, and ONDCP did not indicate in the supplement whether more recent data were available. In another example, the assessment of the reduction of illicit drug availability was to be measured by, among other things, the number of illicit drug manufacturing laboratories seized and destroyed and the number of hectares of marijuana, poppy, and coca cultivated and destroyed domestically and in other countries. The 2019 Data Supplement provided data for marijuana and poppy until 2016 and for the quantity of coca eradicated until 2015.

The SUPPORT Act no longer requires these specific assessments. However, the SUPPORT Act does include a new requirement that the National Drug Control Strategy provide “ description of the current prevalence of illicit drug use in the United States, including both the availability of illicit drugs and the prevalence of substance use disorders.” The SUPPORT Act also contains a new requirement—which we describe later in this report—for ONDCP to describe how each comprehensive, research-based, long-range quantifiable goal in the National Drug Control Strategy was determined, including data, research, or other information used to inform the determination. We address ONDCP’s implementation of this new requirement under the SUPPORT Act later in the report.

A description of a performance measurement system. Pursuant to the ONDCP Reauthorization Act of 2006, the National Drug Control Strategy was required to include a “description of a national drug control performance measurement system” that: develops 2-year and 5-year performance measures and targets; describes the sources of information and data that will be used for identifies major programs and activities of the National Drug Control Program agencies that support the goals and annual objectives of the National Drug Control Strategy; evaluates the contribution of demand reduction and supply reduction activities implemented by each National Drug Control Program agency in support of the Strategy; monitors consistency between the drug-related goals and objectives of the National Drug Control Program agencies and ensures that each agency’s goals and budgets support and are fully consistent with the National Drug Control Strategy, among others; and coordinates the development and implementation of national drug control data collection and reporting systems to support policy formulation and performance measurement, including certain assessments.

We testified in March 2019 that the 2019 National Drug Control Strategy did not include a description of a performance measurement system pursuant to the ONDCP Reauthorization Act of 2006. Our subsequent analysis of the three companion documents showed that the 2019 Performance Reporting System provides information about some of the elements the performance measurement system is required to do. For example, the 2019 Performance Reporting System includes 2-year and 5- year targets for many of its objectives and describes some of the sources of data that will be used to measure each target. However, it does not include a description of the system that will accomplish each of the requirements in the ONDCP Reauthorization Act of 2006. For example, it does not describe a performance measurement system that identifies major programs and activities of the National Drug Control Program agencies that support the goals and annual objectives of the National Drug Control Strategy. Such programs and activities could indicate how ONDCP expects to achieve these objectives, such as how to educate the public about the dangers of drug use, or how to expand access to evidence-based treatment. Additionally, it does not describe how the performance measurement system monitors consistency between the drug-related goals and objectives of the National Drug Control Program agencies and ensures that each agency’s goals and budgets support and are fully consistent with the National Drug Control Strategy. ONDCP officials stated they believe the 2019 Performance Reporting System meets the statutory requirement for a description of a performance measurement system.

The SUPPORT Act, as originally enacted in October 2018, no longer required a description of a performance measurement system. However, the ONDCP Technical Corrections Act of 2019, enacted in November 2019, amended the SUPPORT Act to reinstate the requirement for a description of a performance measurement system. Therefore, this requirement will apply to the 2020 National Drug Control Strategy and future Strategy iterations.

ONDCP Has Met Some SUPPORT Act Requirements That GAO Reviewed but Its Approach to Meeting Others Does Not Incorporate Key Planning Elements

ONDCP Has Addressed Requirements for New Coordinator Positions

As of August 2019, ONDCP filled all five coordinator positions described in the SUPPORT Act, two of which are substantively new positions. Specifically, ONDCP officials stated that they have designated officials for the new positions of performance budget coordinator and emerging and continuing threats coordinator. By filling each of these positions, ONDCP is better positioned to fulfill the responsibilities for which each position is accountable, as described in figure 2 below.

ONDCP’s Approach to Meeting Selected New Requirements for the National Drug Control Strategy and the Drug Control Data Dashboard Does Not Incorporate Key Planning Elements

As of October 2019, ONDCP officials could not provide in writing or otherwise describe key planning elements to ensure ONDCP can meet selected new requirements in the SUPPORT Act related to the development of the 2020 and future National Drug Control Strategy iterations, and related to the development and implementation of the Drug Control Data Dashboard. Figure 3 outlines the selected requirements for the Strategy, which were effective upon enactment of the SUPPORT Act in October 2018.

Each of the four selected SUPPORT Act requirements described in Figure 3 requires ONDCP to include specific information in the 2020 and future National Drug Control Strategy iterations. For example, for each comprehensive, research-based, long-range, quantifiable goal, the National Drug Control Strategy must contain (1) a description of how each goal will be achieved; (2) a performance evaluation plan for each goal; and (3) a description for how each goal was determined. The National Drug Control Strategy must also include a plan to expand treatment for substance use disorders. Officials from ONDCP and selected agencies told us that in spring 2019 ONDCP requested that the National Drug Control Program agencies determine how their existing programs and activities align with the 2019 National Drug Control Strategy, including the goals and objectives articulated in the 2019 Performance Reporting System. In October 2019, ONDCP officials told us that the 2020 Strategy would be issued in accordance with the SUPPORT Act, by the first Monday in February (February 3, 2020). ONDCP also provided us with two documents to describe its approach for meeting this deadline. One document includes a table that lists SUPPORT Act requirements along with the ONDCP component(s) responsible for implementation and the deadline. The other document provides a high-level summary of the National Drug Control Strategy development and interagency review process. For example, the plan to monitor progress on the drafting of components’ sections of the Strategy notes that it is to occur through “as- needed (but frequent)” meetings with the deputy chief of staff and the components and their heads.

The extensive nature of the new SUPPORT Act requirements, as described above, indicates that significant implementation steps may be necessary, such as, a description of the specific steps necessary to accomplish this overarching task, identification of who will be responsible for each step, and a schedule of interim milestones. However, neither of these documents describes such critical implementation steps. Further, neither specifies what resources or processes, for example, would be needed and by what specific milestone date ONDCP would accomplish any particular step to complete the overall work in a timely manner. For example, the document that includes the table indicates that the deadline for all requirements related to the National Drug Control Strategy is February 2020. However, some requirements associated with the development of the Strategy, such as consultation requirements, would need to be completed before the Strategy’s due date—February 2020.

According to Standards for Internal Control in the Federal Government under Internal Control Principle 6, to achieve an entity’s mission, management should define objectives in specific terms so they are understood at all levels of the entity. This involves clearly defining what it is to be achieved, who is to achieve it, how it will be achieved, and the time frames for achievement—in other words, key planning elements. Standards for project management also state that managing a project involves developing a plan with specific actions and milestone dates.

Defining these key planning elements will help provide assurance that ONDCP’s efforts will result in a National Drug Control Strategy—for 2020 and future years—that fully addresses the requirements of the SUPPORT Act. In addition, developing and documenting these planning elements would help ONDCP structure its planning efforts through consideration of resource investments, time frames, and any necessary processes, policies, roles, and responsibilities to address each requirement. Furthermore, implementing these planning elements will help ensure that ONDCP follows a routine planning process going forward, and that future iterations of the National Drug Control Strategy that ONDCP develops are consistent with the law.

Additionally, as of December 2019, ONDCP has not documented key planning elements to ensure it will meet the SUPPORT Act’s requirements for the Drug Control Data Dashboard, to make timely information publicly available on the scope and complexity of drug use and drug control activities. The SUPPORT Act includes requirements for what data is to be included in the Drug Control Data Dashboard as well as its functionality, to ensure it is searchable and sortable. Figure 4 outlines the requirements for the Drug Control Data Dashboard, which were effective upon enactment of the SUPPORT Act in October 2018.

In August 2019, ONDCP posted a public version of the Drug Control Data Dashboard that included information from the 2019 Data Supplement in spreadsheet format, but did not provide all of the data required by the SUPPORT Act. For example, the Drug Control Data Dashboard does not include required data on the extent of the unmet need for substance use disorder treatment. ONDCP officials shared information regarding potential data sources they may use to fulfill the additional required data elements. In addition, ONDCP officials told us that some data requirements listed in the statute do not exist at this time. For example, ONDCP officials stated that data do not exist regarding the known and estimated flow of substances into the United States for the current calendar year and each of the three previous years. ONDCP officials stated that there was more work necessary to ensure all the required data are incorporated into the Drug Control Data Dashboard. At that time, they also stated that they expected to address all required elements by the end of 2019. However, we found that they do not have key planning elements, such as a specific timeline with interim milestones or documented plans for when and how they would complete this work. ONDCP subsequently posted an updated version of the Drug Control Data Dashboard, which we reviewed in December 2019. While the updated Drug Control Data Dashboard identifies required data elements that are unavailable, ONDCP has not addressed how or when ONDCP planned to provide them, such as by identifying alternative data sources or identifying additional resources that may be necessary for enhanced data collection efforts.

The SUPPORT Act also requires the Drug Control Data Dashboard to be machine-readable and searchable by year, agency, drug, and location, to the extent practicable. Officials stated in September 2019 they planned to add this functionality to the Drug Control Data Dashboard in the fall of 2019. In written comments on a draft of this report in December 2019, ONDCP indicated that the data have been posted in a machine-readable, sortable, and searchable format. However, as of December 2019, we found that the Drug Control Data Dashboard is still not fully searchable by year, agency, drug and location. We have previously reported on key practices for agencies to follow when reporting government data. These practices describe, for example, that agencies should ensure their website’s data search functions and overall interface is intuitive to users. While effective implementation of such functions can be a significant undertaking, ONDCP does not have plans to account for timing, content, functionality, or any additional resources required to fully implement this requirement. ONDCP officials stated in September 2019 they may need to consult Congress about additional resources to fulfill all of the requirements related to the Drug Control Data Dashboard, but stated that they do not have specific plans for what resources they may request.

Internal control standards call for agencies to define key planning elements, including how a task will be accomplished and associated timeframes. Developing and documenting key planning elements— including resource investments, time frames, and any necessary processes, policies, roles, and responsibilities—will better position ONDCP to fully implement all of the law’s requirements for the Drug Control Data Dashboard. Once implemented, the Drug Control Data Dashboard will help enable ONDCP to capitalize on available data to better understand the scope and nature of the drug crisis.

Conclusions

ONDCP is responsible for leading the nation’s fight against a persistent drug epidemic that continues to devastate Americans’ lives. However, the 2019 National Drug Control Strategy does not fully comply with the law, and the agency has not developed key planning elements to help ensure it will meet its significant additional responsibilities under the SUPPORT Act. These responsibilities include issuing the National Drug Control Strategy in accordance with statutory requirements to help prioritize and measure key efforts to address the drug epidemic and creating a Drug Control Data Dashboard that contains timely information about the scope and complexity of the drug epidemic. These responsibilities also extend beyond the upcoming 2020 Strategy, with requirements to complete future Strategy iterations on a regular basis. Developing and documenting key planning elements, such as resource investments, time frames, and any necessary processes, policies, roles, and responsibilities—will help ONDCP structure its ongoing efforts. Implementing this approach will then better position ONDCP to meet statutory requirements for the next Strategy, due in February 2020, and satisfy all requirements related to the Drug Control Data Dashboard. Implementing this approach over time will also help ONDCP ensure it is meeting statutory requirements for future iterations of the National Drug Control Strategy.

Recommendations for Executive Action

We are making 4 recommendations to ONDCP.

The Director of ONDCP should develop and document key planning elements to help the agency meet the SUPPORT Act requirements for the 2020 National Drug Control Strategy and future Strategy iterations.

These planning elements should include descriptions of resource investments, time frames, and any processes, policies, roles, and responsibilities needed to address each requirement. (Recommendation 1)

The Director of ONDCP should—after developing and documenting key planning elements to meet the SUPPORT Act requirements—routinely implement an approach, based on these planning elements, to meet the requirements for the 2020 National Drug Control Strategy and future Strategy iterations. (Recommendation 2)

The Director of ONDCP should develop and document key planning elements to help the agency meet the SUPPORT Act requirements to establish a Drug Control Data Dashboard that would include descriptions of resource investments, time frames, and any processes, policies, or roles, and responsibilities needed to address this requirement. (Recommendation 3)

The Director of ONDCP should—after developing and documenting key planning elements—implement an approach, based on these planning elements, to meet the SUPPORT Act requirements to establish a Drug Control Data Dashboard. (Recommendation 4)

Agency Comments and Our Evaluation

We provided a draft of this report for review and comment to ONDCP, DHS, DOJ, and HHS. ONDCP provided written comments, which are summarized below and reproduced in appendix I. ONDCP, DHS, and DOJ also provided technical comments, which we incorporated, as appropriate. In an email, an HHS official stated that HHS did not have any comments on the report.

In its written comments, ONDCP stated that it accepted the first two recommendations regarding the need for a robust internal planning process for National Drug Control Strategies. Specifically, the first recommendation is for ONDCP to develop and document key planning elements to help the agency meet the SUPPORT Act requirements for the 2020 National Drug Control Strategy and future Strategy iterations. The second recommendation is for ONDCP to routinely implement an approach to meet these requirements. In particular, ONDCP agreed to implement key planning elements for future Strategies that will include detailed descriptions of planned steps, identifying which ONDCP component will be responsible for each step, resource investments, interim milestones, and overall time frames. If implemented as planned, these actions would address the intent of these recommendations.

Regarding the third and fourth recommendations related to the Drug Control Data Dashboard, ONDCP noted that these recommendations have been rendered moot because the agency has already fully complied with posting the Data Dashboard to its website. ONDCP also stated that it has posted to the Data Dashboard all of the drug-related data required by ONDCP’s statute that currently exists. Further, ONDCP stated that the data has been posted in machine-readable, sortable, and searchable format as required and it will be updated on a continuous basis throughout the year as new data become available. While ONDCP has included additional information on the Dashboard, the two recommendations are to develop, document, and implement key planning elements for the Dashboard to fully meet the law’s requirements, which ONDCP has not yet done. For example, ONDCP identifies in the Dashboard which of the required data elements are unavailable, such as required data on the extent of the unmet need for substance use disorder treatment. However, as stated in the report, ONDCP has not documented key planning elements for how it will address these missing data. Such planning elements could include approaches for collecting the missing data, such as articulating a plan to work with Congress to identify alternative data sources or to identify additional resources that may be necessary for enhanced data collection efforts. Furthermore, ONDCP has not developed or implemented key planning elements to ensure the Drug Control Data Dashboard has the search features noted in the statute. In its current format, the Dashboard is not fully searchable by year, agency, drug, and location. While the statute indicates that search features should have been implemented “to the extent practicable,” ONDCP did not explain why it was not practical to implement them. Therefore, we continue to believe that developing, documenting, and implementing key planning elements for the Dashboard to fully meet the law’s requirements will help enable ONDCP to capitalize on available data to better understand the scope and nature of the drug crisis.

ONDCP also noted several points related to our specific findings, as discussed below.

First, ONDCP noted that it did issue robust drug budget guidance to National Drug Control Program agencies during 2017 and 2018. The report acknowledges that ONDCP provided this guidance. However, as explained in the report, the guidance is statutorily required to address funding priorities developed in the National Drug Control Strategy. Since ONDCP did not issue a Strategy in 2017 or 2018, it could not meet this statutory requirement.

In addition, ONDCP stated that it maintains that the 2019 National Drug Control Strategy met all statutory requirements, and therefore does not agree with our analysis of its adherence to those requirements. ONDCP also noted that the four requirements we assessed constitute only a small portion of the many requirements for the 2019 National Drug Control Strategy and that the report gives the misleading impression that ONDCP did not comply with some significant number of requirements. We recognize that there are a number of requirements for the Strategy; however, as stated in the report, our review focused on these four provisions because we determined them to be significant to ONDCP’s role in setting a strategic direction to oversee and coordinate national drug control policy, and because they are critical to ensuring a framework for measuring results. Specifically, the provisions related to including information in the Strategy related to annual quantifiable and measurable objectives and specific targets, a 5-year projection for program and budget priorities, specific drug trend assessments, and a description of a performance measurement system. As detailed in the report, we found that the 2019 Strategy addressed some—but not all—of these four statutory requirements. For example, we found that the Strategy did not include a 5-year projection for budget priorities and included only some information related to specific drug trend assessments. In its written comments, ONDCP provided additional explanation for why it did not agree with our characterization of the requirements. For example, ONDCP stated that it is not able to provide quantitative fiscal year projections for future years because this would go against long-standing Office of Management and Budget policy. Related to drug trend assessments, ONDCP noted that it reports data generated by other government agencies, and that policy research funding for ONDCP has not been appropriated since fiscal year 2011. We made recommendations, which ONDCP agreed to implement, focused on developing and implementing key planning elements such as descriptions of resource investments; timeframes; and processes, policies, and responsibilities needed to address each requirement. Implementing these planning elements could, for example, help ensure that ONDCP addresses any policy considerations or additional resources needed to help ensure that future iterations of the Strategy fully meet all statutory requirements.

We are sending copies of this report to the appropriate congressional committees, the Director of the Office of National Drug Control Policy, the Secretary of the Department of Health and Human Services, the Acting Secretary of the Department of Homeland Security, the Attorney General, and other interested parties. In addition, this report is available at no charge on GAO’s website at http://www.gao.gov.

If you or your staff has any questions concerning this testimony, please contact Triana McNeil at (202) 512-8777 or McNeilT@gao.gov or Mary Denigan-Macauley at (202) 512-7114 or McNeilT@gao.gov. Contact points for our Offices of Congressional Relations and Public Affairs may be found on the last page of this report. GAO staff who made key contributions to this report are listed in appendix II.

Appendix I: Comments from the Office of National Drug Control Policy

Appendix II: GAO Contacts and Staff Acknowledgments

GAO Contacts

Staff Acknowledgments

In addition to the contacts named above, Joy Booth (Assistant Director), Will Simerl (Assistant Director), Michelle Loutoo Wilson (Analyst-in- Charge), Billy Commons, Wendy Dye, Jane Eyre, Kaitlin Farquharson, Susan Hsu Michael, Amanda Miller, and Jan Montgomery made key contributions to this report.