Drug Control
High Intensity Drug Trafficking Areas' Efforts to Link Investigations to International Drug Traffickers Gao ID: GAO-05-122 January 28, 2005In fiscal year 2002, the Attorney General called upon law enforcement to target the "most wanted" international drug traffickers responsible for supplying illegal drugs to America. In September 2002, law enforcement, working through the multi-agency Organized Crime Drug Enforcement Task Force (OCDETF) Program, developed a list of these drug traffickers, known as the Consolidated Priority Organization Target List (CPOT), to aid federal law enforcement agencies in targeting their drug investigations. Also, the White House's Office of National Drug Control Policy (ONDCP) collaborated with law enforcement to encourage existing High Intensity Drug Trafficking Areas (HIDTA) to conduct CPOT investigations. According to ONDCP, the 28 HIDTAs across the nation are located in centers of illegal drug production, manufacturing, importation, or distribution. ONDCP distributed discretionary funds to supplement some HIDTAs' existing budgets beginning in fiscal year 2002 to investigate CPOT organizations. Out of concern that a CPOT emphasis on international drug investigations would detract from the HIDTA program's regional emphasis, the Senate Committee on Appropriations directed GAO to examine whether investigations of CPOT organizations are consistent with the HIDTA program's mission and how ONDCP distributes its discretionary funds to HIDTAs for CPOT investigations.
The mission of the HIDTA program is to enhance and coordinate U.S. drug control efforts among federal, state, and local law enforcement agencies to eliminate or reduce drug trafficking and its harmful consequences in HIDTAs. CPOT investigations were not inconsistent with this mission because HIDTAs' targeting of local drug traffickers linked with international organizations on the CPOT list was one possible strategy for achieving the program's goal of eliminating or reducing significant sources of drug trafficking in their regions. GAO found that in fiscal years 2002 through 2004, ONDCP distributed discretionary funds to 17 of the 28 HIDTAs for CPOT investigations. Some HIDTA officials said they did not receive CPOT funding for several reasons including unclear guidance, insufficient application information to the HIDTAs for funding, and local priorities not linking with CPOT investigations. Reduced discretionary funding in fiscal year 2004 for CPOT investigations affected the number of HIDTAs that received this funding.
GAO-05-122, Drug Control: High Intensity Drug Trafficking Areas' Efforts to Link Investigations to International Drug Traffickers
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Report to the Senate and House Committees on Appropriations:
United States Government Accountability Office:
GAO:
January 2005:
Drug Control:
High Intensity Drug Trafficking Areas' Efforts to Link Investigations
to International Drug Traffickers:
GAO-05-122:
GAO Highlights:
Highlights of GAO-05-122, a report to the Senate and House Committees
on Appropriations:
Why GAO Did This Study:
In fiscal year 2002, the Attorney General called upon law enforcement
to target the ’most wanted“ international drug traffickers responsible
for supplying illegal drugs to America. In September 2002, law
enforcement, working through the multi-agency Organized Crime Drug
Enforcement Task Force (OCDETF) Program, developed a list of these drug
traffickers, known as the Consolidated Priority Organization Target
List (CPOT), to aid federal law enforcement agencies in targeting their
drug investigations. Also, the White House‘s Office of National Drug
Control Policy (ONDCP) collaborated with law enforcement to encourage
existing High Intensity Drug Trafficking Areas (HIDTA) to conduct CPOT
investigations. According to ONDCP, the 28 HIDTAs across the nation are
located in centers of illegal drug production, manufacturing,
importation, or distribution. ONDCP distributed discretionary funds to
supplement some HIDTAs‘ existing budgets beginning in fiscal year 2002
to investigate CPOT organizations. Out of concern that a CPOT emphasis
on international drug investigations would detract from the HIDTA
program‘s regional emphasis, the Senate Committee on Appropriations
directed GAO to examine whether investigations of CPOT organizations
are consistent with the HIDTA program‘s mission and how ONDCP
distributes its discretionary funds to HIDTAs for CPOT investigations.
What GAO Found:
The mission of the HIDTA program is to enhance and coordinate U.S. drug
control efforts among federal, state, and local law enforcement
agencies to eliminate or reduce drug trafficking and its harmful
consequences in HIDTAs. CPOT investigations were not inconsistent with
this mission because HIDTAs‘ targeting of local drug traffickers linked
with international organizations on the CPOT list was one possible
strategy for achieving the program‘s goal of eliminating or reducing
significant sources of drug trafficking in their regions. GAO found
that in fiscal years 2002 through 2004, ONDCP distributed discretionary
funds to 17 of the 28 HIDTAs for CPOT investigations. Some HIDTA
officials said they did not receive CPOT funding for several reasons
including unclear guidance, insufficient application information to the
HIDTAs for funding, and local priorities not linking with CPOT
investigations. Reduced discretionary funding in fiscal year 2004 for
CPOT investigations affected the number of HIDTAs that received this
funding.
ONDCP and the Department of Justice (Justice) agreed with the facts in
this report. Regarding application information provided to HIDTAs,
ONDCP did not agree with some HIDTA officials‘ view that it was
insufficient. Justice acknowledged that some HIDTAs faced difficulty
obtaining the CPOT list but were confident the problem has been
overcome. Regarding local priorities not linking with CPOT
investigations, ONDCP stated HIDTAs should be focusing on
investigations of local activities that reach beyond the boundaries of
the HIDTA, given their designation as centers of illegal trafficking
that affect other parts of the country.
High Intensity Drug Trafficking Areas That Received CPOT Funding for
Fiscal Years 2002 through 2004:
[See PDF for image]
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[End of section]
Contents:
Letter:
Results in Brief:
Scope and Methodology:
Background:
CPOT Investigations Were Not Inconsistent with the Mission of the HIDTA
Program:
ONDCP Distributed Discretionary Funds to Many HIDTAs to Help Support
CPOT Investigations:
Agency Comments and Our Evaluation:
Appendix I: CPOT Funding Awarded to HIDTAs, Fiscal Years 2002, 2003,
and 2004:
Appendix II: Federal Law Enforcement Organizations Engaged in CPOT
Investigations:
Appendix III: Comments from the White House Office of National Drug
Control Policy:
Appendix IV: Comments from the Department of Justice:
Appendix V: GAO Contacts and Staff Acknowledgments:
GAO Contacts:
Staff Acknowledgments:
Figures:
Figure 1: CPOT Funding by Fiscal Years:
Figure 2: Seventeen of 28 High Intensity Drug Trafficking Areas That
Received CPOT Funding for Fiscal Years 2002 through 2004:
Figure 3: Federal Law Enforcement Organizations Conducted 744 CPOT
Investigations in Fiscal Year 2003:
Figure 4: Federal Agencies That Conduct CPOT Investigations:
Abbreviations:
CPOT: Consolidated Priority Organization Target:
DEA: Drug Enforcement Administration:
FBI: Federal Bureau of Investigation:
HIDTA: High Intensity Drug Trafficking Areas:
OCDETF: Organized Crime Drug Enforcement Task Force:
ONDCP: Office of National Drug Control Policy:
United States Government Accountability Office:
Washington, DC 20548:
January 28, 2005:
The Honorable Thad Cochran:
Chairman:
The Honorable Robert C. Byrd:
Ranking Minority Member:
Committee on Appropriations:
United States Senate:
The Honorable Jerry Lewis:
Chairman:
The Honorable David Obey:
Ranking Minority Member:
Committee on Appropriations:
House of Representatives:
The war against illegal drugs is fought both internationally and
domestically, as many of the "most wanted" international drug
traffickers are the primary suppliers of illegal drugs in the United
States. In September 2002, the U.S. Attorney General called on the law
enforcement community to target the most wanted international drug
traffickers for special law enforcement emphasis by developing a list
known as the Consolidated Priority Organization Target (CPOT) list. The
White House's Office of National Drug Control Policy (ONDCP)
collaborated with the Department of Justice (Justice) in an effort to
encourage High Intensity Drug Trafficking Areas (HIDTA)[Footnote 1] to
conduct CPOT investigations. ONDCP, through its federally funded HIDTA
program, coordinates much of America's drug control efforts among
federal, state, and local agencies to reduce drug trafficking in
critical regions of the United States. ONDCP responded to Justice's
emphasis on the CPOT list by designating a portion of its discretionary
funds to supplement HIDTAs' ongoing investigations of drug traffickers
that link with international drug organizations on the CPOT list.
Out of concern that a CPOT emphasis on international drug
investigations would detract from the HIDTA program's regional
emphasis, the Senate Committee on Appropriations, in its Committee
Report 108-146, directed us to, among other things, conduct a study
concerning whether investigations of international drug trafficking
organizations on the CPOT list are consistent with the HIDTA mission.
For this report, we examined (1) whether CPOT investigations[Footnote
2] undertaken by HIDTAs were consistent with the mission of the HIDTA
program as authorized in the Office of National Drug Control Policy
Reauthorization Act of 1998[Footnote 3] (the Reauthorization Act) and
(2) how ONDCP distributed discretionary funds to HIDTAs for CPOT
investigations and why some HIDTAs did not receive funding. We are also
providing information in appendix II about federal law enforcement
organizations that are engaged in CPOT investigations and how many
investigations they conducted in fiscal year 2003 and the first 7
months of fiscal year 2004.[Footnote 4]
To address these objectives, we reviewed applicable legislation, ONDCP
strategic plans and policies, and all HIDTA applications (38) for CPOT
funding in fiscal years 2002 and 2003 to determine whether CPOT
investigations, as discussed in the applications, were consistent with
the HIDTA mission. We reviewed documents and correspondence that
described the basis for ONDCP's decisions for distributing CPOT funds
to HIDTAs and interviewed officials at 8 of the 13 HIDTAs that did not
receive CPOT funds in fiscal years 2002 and 2003. We also interviewed
officials at federal law enforcement agencies engaged in CPOT
investigations. We conducted our work between March and December 2004
in accordance with generally accepted government auditing standards.
Results in Brief:
CPOT investigations were not inconsistent with the HIDTA mission
because HIDTAs' targeting of local drug traffickers[Footnote 5] linked
with international organizations on the CPOT list was one possible
strategy for achieving the program's goal of eliminating or reducing
significant sources of drug trafficking in their regions. On the basis
of the Reauthorization Act, ONDCP interpreted the HIDTA mission as
enhancing and coordinating U.S. drug control efforts among federal,
state, and local law enforcement agencies to eliminate or reduce drug
trafficking and its harmful consequences in HIDTAs. Drug traffickers
operating in a HIDTA that are affiliated with illegal international
drug organizations would contribute to the HIDTA's status as a center
of illegal drug importation as well as have a harmful impact in other
regions. These two factors--importation and distribution across
regions--are among several statutory factors that the director of ONDCP
must consider when designating a region as a HIDTA.
ONDCP distributed discretionary funds to HIDTAs to help support their
investigations of drug traffickers linked with international
organizations on the CPOT list by reviewing and approving applications
for funding from the HIDTAs. During fiscal years 2002, 2003, and 2004,
17 of 28 HIDTAs received CPOT funds. ONDCP encourages applications for
CPOT funding where additional funds are likely to benefit an initiative
and move the investigation forward. However, we identified several
reasons why certain HIDTAs did not receive funding, including unclear
guidance in fiscal year 2002, insufficient information for applying for
funding, and local priorities not linking with CPOT investigations.
ONDCP addressed the unclear guidance by meeting with HIDTAs to explain
how to link their investigations with the CPOT list. ONDCP was unable
to provide the full CPOT list to the HIDTAs, which would help them
determine if they qualify for funding. Justice and several other
federal law enforcement agencies controlled and tracked the
distribution of the CPOT list and designated it as "law enforcement
sensitive." They determined that sharing the full CPOT list with
HIDTAs, state or local police, and non-law enforcement organizations
such as the White House's ONDCP was to be done on a "need-to-know"
basis at their discretion. Justice said it was not its intent to
withhold access to the CPOT list from HIDTA personnel. Although we have
no indications of such intent, we found some HIDTAs had more difficulty
than others in obtaining the full CPOT list from these agencies.
Although ONDCP believes the information it provided to HIDTAs was
sufficient, some HIDTAs disagree. In 2004, ONDCP advised all HIDTAs
that because of reduced discretionary funding for CPOT investigations,
they should focus their applications on three specific CPOT
organizations that provided a baseline of opportunity for all HIDTAs to
apply for CPOT funding. ONDCP recognized that reduced discretionary
funding for CPOT investigations in fiscal year 2004 affected the number
of HIDTAs that received this funding. With respect to local priorities,
some HIDTAs did not request or receive funding because they could not
show a link between CPOT organizations and their investigations of
domestic drug producers and distributors. However, ONDCP stressed that
HIDTAs should be focusing on investigations of local activities that
reach beyond the boundaries of the HIDTA, given their designation as
centers of illegal trafficking that affect other parts of the country.
We provided a draft of this report to the Director of ONDCP and the
Department of Justice's Attorney General for their review and comment,
and both generally concurred with the facts of this report but added
some clarifying language, which we incorporated in the report where
appropriate. A copy of the comments from both agencies is in appendixes
III and IV, respectively.
Scope and Methodology:
To obtain information on whether CPOT investigations were consistent
with the mission of the HIDTA program, we reviewed the Office of
National Drug Control Policy Reauthorization Act of 1998, ONDCP's
appropriations statutes and accompanying committee reports, ONDCP's
strategic plans and policies, and ONDCP's Web site.[Footnote 6] We also
reviewed all HIDTA applications (38) to ONDCP from HIDTAs that received
discretionary funds for various investigation activities linked to the
CPOT list in fiscal years 2002 and 2003, and compared them with the
mission of the HIDTA program.[Footnote 7] At 11 selected HIDTA sites--
Appalachia; Atlanta; Central Florida; Lake County, Indiana; Los
Angeles; Milwaukee; Nevada; North Texas; Oregon; Rocky Mountain; and
Washington-Baltimore--we interviewed HIDTA management officials and
task force leaders to discuss whether their investigative activities
were consistent with the HIDTA mission. We selected these 11 HIDTAs to
ensure geographic spread (east coast, central, west coast) across the
country.
To obtain information about ONDCP's distribution of CPOT funding, we
interviewed ONDCP officials and obtained statistics they provided on
HIDTAs that received CPOT funding in fiscal years 2002, 2003, and 2004
(app.I). We also reviewed ONDCP documents and correspondence that
described the basis for ONDCP's decision for awarding HIDTAs CPOT
funding. In addition, we discussed with officials at three HIDTAs--
Washington-Baltimore, North Texas, and Los Angeles--how CPOT funding
was being used. We selected these three HIDTAs because they had
received funds for both fiscal years 2002 and 2003 and were
geographically dispersed. We also interviewed officials from 8 of the
13 HIDTAs (Appalachia, Atlanta, Central Florida, Lake County,
Milwaukee, Nevada, Oregon, and Rocky Mountain) that did not apply for
or applied for but did not receive CPOT funding in fiscal years 2002
and 2003. We selected these HIDTAs to reflect broad geographic segments
of the country.
We determined that the data presented in appendixes I and II from
ONDCP, the Organized Crime Drug Enforcement Task Force (OCDETF), the
Drug Enforcement Administration (DEA), and the Federal Bureau of
Investigation (FBI) are sufficiently reliable, for the purposes of this
review, based on interviews with agency officials and a review of their
information systems documentation.
Background:
In 1988, Congress established the White House's Office of National Drug
Control Policy to, among other things, coordinate the efforts of
federal drug control agencies and programs and establish the HIDTA
program. By fiscal year 2004, ONDCP had designated 28 drug trafficking
areas (HIDTAs) as centers of illegal drug production, manufacturing,
importation, or distribution within the United States with a federally
funded HIDTA program budget of about $225 million.[Footnote 8] Each
HIDTA is to develop and implement an annual strategy to address the
regional drug threat. The initiatives involve the active participation
of federal, state, and local law enforcement agencies to enhance and
assist the coordination of drug trafficking control efforts in the
region. To encourage HIDTAs to conduct CPOT investigations, ONDCP
utilized discretionary funding. In fiscal year 2004, ONDCP allocated
about $8 million in discretionary funding to HIDTAs to support their
drug initiatives that link with international drug trafficking
organizations on the CPOT list. This funding is not meant to supplant
or replace existing agency/program budgets intended for similar
purposes, according to ONDCP guidance to the HIDTAs.
OCDETF is a nationwide law enforcement task force program administered
within Justice that targets major narcotic trafficking and money
laundering organizations using the combined resources and expertise of
its federal member agencies together with state and local
investigators.[Footnote 9] Its mission is to identify, investigate, and
prosecute members of high-level drug trafficking enterprises and to
dismantle or disrupt the operations of those organizations. To help
carry out this mission and to focus investigative resources on major
sources of supply, OCDETF member agencies developed the CPOT list of
major international drug trafficking organizations.
In September 2002, at the request of the U.S. Attorney General, OCDETF
issued the first CPOT list, naming international drug trafficking
organizations most responsible for supplying illegal drugs to the
United States. OCDETF member agencies developed criteria for
determining whether an international drug organization was to be placed
on the CPOT list. Criteria include whether the international
organization:
* operates nationwide in multiple regions of the United States and:
* deals in substantial quantities of illegal drugs or illicit chemicals
on a regular basis that have a demonstrable impact on the nation's drug
supply.
OCDETF compiles and issues the CPOT list at the beginning of each
fiscal year,[Footnote 10] with the intent that federal law enforcement
agencies will target their investigations on CPOT organizations. OCDETF
member agencies control the CPOT list and its distribution. OCDETF also
collaborates with ONDCP on reviews of CPOT funding applications by
HIDTAs that link their initiatives with the CPOT list.
CPOT Investigations Were Not Inconsistent with the Mission of the HIDTA
Program:
CPOT investigations were not inconsistent with the mission of the HIDTA
program because HIDTAs' targeting of local drug traffickers linked with
international organizations on the CPOT list was one possible strategy
for achieving the program's goal of eliminating or reducing significant
sources of drug trafficking in their regions. The mission of the HIDTA
program is not expressly stated in current law. However, ONDCP has
developed a mission statement that reflects the legislative authority
for the HIDTA program, specifically, to enhance and coordinate U.S.
drug control efforts among federal, state, and local law enforcement
agencies to eliminate or reduce drug trafficking and its harmful
consequences in critical regions of the United States.
The primary legislative authority for the HIDTA program is the
Reauthorization Act,[Footnote 11] which provides guidance on the
mission of the program by setting out factors for the Director of ONDCP
to consider in determining which regions to designate as HIDTAs. The
factors contained in the act are the extent to which:
1. the area is a center of illegal drug production, manufacturing,
importation, or distribution;
2. state and local law enforcement have shown a determination to
respond aggressively to drug trafficking in the area by committing
resources to respond to it;
3. drug-related activities in the area are having a harmful impact in
other areas of the country; and:
4. a significant increase in federal resources is necessary to respond
adequately to drug-related activities in the area.[Footnote 12]
In addition, House and Senate Appropriations Committee reports on
ONDCP's appropriations have stated that the program was established to
provide assistance to federal, state, and local law enforcement
entities operating in those areas most adversely affected by drug
trafficking.[Footnote 13]
The use of a portion of the HIDTA program's discretionary funds to
focus on CPOT investigations is not inconsistent with ONDCP's mission
statement for the program and the legislative authority on which it is
based, particularly the first and third factors in the Reauthorization
Act. Drug traffickers operating in a HIDTA may be linked with the CPOT
list because of their role in major international drug trafficking
activities, including illegal distribution in multiple regions of the
United States. Given such activities, they would contribute to the
HIDTA's status as a center of illegal drug importation and distribution
and have a harmful impact in other regions. Similarly, in keeping with
appropriations committee statements on the purpose of the program,
HIDTA involvement in CPOT investigations is one way of assisting
federal, state, and local operations in areas where the significant
adverse effects of drug trafficking activities are due in part to links
to international criminal organizations. Thus, for HIDTAs to
investigate and disrupt or dismantle regional drug traffickers that are
linked with CPOT organizations is not inconsistent with the HIDTA
program's stated mission and its legislative authority.
ONDCP Distributed Discretionary Funds to Many HIDTAs to Help Support
CPOT Investigations:
ONDCP distributed discretionary funds to HIDTAs to help support their
investigations of drug traffickers linked with international
organizations on the CPOT list by reviewing and approving HIDTA
applications for funding. In fiscal years 2002, 2003, and 2004, ONDCP
distributed CPOT funds to a total of 17 of the 28 HIDTAs.[Footnote 14]
A Justice official who participates in the evaluation of HIDTA
applications for CPOT funding said that ONDCP encourages applications
for CPOT funding where additional funds are likely to benefit an
initiative and move the investigation forward. Some HIDTAs chose not to
apply because they face a domestic drug threat that does not have a
link to any international CPOT organization activity. Other HIDTAs that
have applied for funds did not receive CPOT funding because they did
not have sufficient investigative resources to uncover the link to a
CPOT organization. In commenting on a draft of this report, Justice
said that while this may be true in some circumstances, it was also
often the case that HIDTAs may have had sufficient resources but simply
had not yet taken the investigation far enough to justify the award of
discretionary funds. During fiscal years 2002 and 2003, 6 HIDTAs did
not apply and 7 applied but were not approved for CPOT funding. In
fiscal year 2004, 17 of the 28 HIDTAs did not receive CPOT funding--10
did not apply and 7 applied but were not approved for funding.
ONDCP and HIDTA officials mentioned several reasons why some HIDTAs may
not receive funding.[Footnote 15] First, some HIDTAs were denied
funding if the investigative activities in their funding applications
were not consistent with the HIDTA mission and linked to a CPOT
organization. Second, ONDCP did not provide clear guidance or
sufficient information for HIDTAs to develop their applications for
CPOT funds, although it took steps to clarify its guidance and create
opportunity for all HIDTAs to participate. Third, reducing the amount
of discretionary funds available for CPOT funding in fiscal year 2004
affected the number of HIDTAs that received this funding. Fourth,
HIDTAs' local priorities may not link to any CPOT organization
activity.
Drug Investigative Activities Must Be Consistent with the HIDTA Mission
and Linked to the CPOT List to Receive CPOT Funds:
ONDCP granted CPOT funding for HIDTA investigative activities that it
determined demonstrated a link to the CPOT list and were consistent
with the mission of the HIDTA program.[Footnote 16] As an example, one
of the applications we reviewed requested CPOT funding for overtime
pay, video cameras, portable computers, and wiretaps for surveillance
activities to target a complex criminal organization involved in the
distribution of significant quantities of heroin and cocaine as well as
related homicides, abductions, arson, assaults, fraud, and witness
tampering. Surveillance of the organization indicated that it was being
supplied with drugs through an affiliate of a Latin American/Caribbean-
based CPOT organization. Therefore, these drug activities were linked
to an organization on the CPOT list, and the investigations also were
consistent with the HIDTA program's mission, in that these activities
contributed to eliminating or reducing significant sources of drug
trafficking within the HIDTA region.
Drug investigation activities that were not consistent with the HIDTA
program's mission were not to receive CPOT funds from ONDCP, even if
they showed a CPOT link. Specifically, it is inconsistent with the
HIDTA program's mission to supplant funds from other sources. Rather
CPOT funds are meant to supplement funding for investigations that
support the HIDTA mission. For example, in one HIDTA application, a
request was made for $686,000 for the HIDTA to provide software to a
cellular telephone company located in a Caribbean country to monitor
the cellular telephone calls of a CPOT organization. The application
also asked for travel expenses of $7,500 to send a prosecutor and two
HIDTA investigators to that country to review the cellular telephone
records. ONDCP officials told us that they denied funding for these
activities because ONDCP guidance to the HIDTAs regarding CPOT funding
states that the funds cannot be used to "supplant," or replace,
existing agency/program budgets intended for similar purposes because
to do so would be inconsistent with the HIDTA mission. In commenting on
a draft of this report, ONDCP made the clarifying statement that CPOT
funding is provided for investigations of major drug trafficking
organizations affiliated with CPOTs. However, HIDTAs do not participate
in international investigations, and CPOT funding cannot be used to
conduct or supplement investigations in places like Colombia or
Afghanistan. In another application, a request was made for $120,000 to
pay for street lighting in a drug-infested crime area of a major U.S.
city to aid the HIDTA surveillance task force in pursuing drug
enforcement operations. ONDCP officials told us that they determined
the activity was not consistent with the HIDTA mission because CPOT
funding cannot be used to supplant a city's budget for street
maintenance and improvements.
ONDCP Did Not Provide Sufficient Information for Some HIDTAs to Fully
Develop Their Applications for CPOT Funding but Took Steps to Address
These Issues:
In some cases, ONDCP's lack of clear guidance or sufficient information
limited some HIDTAs' ability to apply for CPOT funding. For example,
some HIDTA officials told us that in fiscal year 2002, ONDCP did not
provide clear directions in its guidance about how HIDTAs were to
document the link between their investigations and the CPOT list.
However, in fiscal year 2003, ONDCP's officials recognized the problem
and, at quarterly meetings, discussed with HIDTAs how to document links
between their investigations and the CPOT list, thus resolving the
problem. In addition, ONDCP was only able to provide a partial CPOT
list to officials in all HIDTAs in each of the 3 fiscal years it
provided CPOT funding, even though applications were to include a link
between their investigations and the CPOT list. The partial list
contained some of the largest organizations in operation and ones that
were most frequently targeted by law enforcement. ONDCP, in its
guidance, advised HIDTAs that they could obtain the entire list from
their Justice contacts.[Footnote 17] Some HIDTA officials said not
having a full list available to them from ONDCP limited their ability
to apply for CPOT funding. In fiscal year 2004, ONDCP created an
opportunity for all HIDTAs to participate.
According to OCDETF officials, access to the full CPOT list is
restricted to federal law enforcement officials. Commenting on a draft
of this report, Justice said these restrictions are driven by the fact
that the member agencies have designated the list as "law enforcement
sensitive," because disclosure of certain investigative information
contained on the list might jeopardize ongoing investigations of
targeted organizations. As a result, access to the full CPOT list is
restricted to OCDETF-member federal law enforcement agencies.
Nonparticipating federal agencies, HIDTA directors, state and local
police officials, and non-law enforcement federal agencies such as
ONDCP could obtain the list from U.S. Attorneys or Special Agents-in-
Charge of the OCDETF member agencies on a need-to-know basis. To
facilitate the distribution of discretionary CPOT funding, however,
OCDETF provided a partial list, which contained information on some of
the largest organizations and those commonly known to, and targeted by,
the law enforcement community, to ONDCP. Since HIDTA officials have
said that they need to know who is on the CPOT list to determine which
of their investigations qualify for CPOT funds, ONDCP, in its guidance,
advised HIDTAs to obtain the full CPOT list through their Justice
contacts. However, officials from 2 HIDTAs we spoke to said that they
had some difficulty in obtaining the full CPOT list.
We spoke with officials from 8 of the 13 HIDTAs that either did not
apply or applied for and did not receive CPOT funds in either of the
first 2 years (fiscal years 2002 and 2003) ONDCP awarded CPOT funds.
Officials from 2 of the HIDTAs said that obtaining the full list was a
problem because for one HIDTA, they did not have the full CPOT list
within the time needed to complete the application, and the other HIDTA
said there was not a formal procedure for obtaining the full CPOT list.
Officials from 6 of the 8 HIDTAs said it was not a problem, however,
because they were able to obtain the full CPOT list from their Justice
contacts. Although these examples may not typify all HIDTAs, they
nevertheless indicate that not every HIDTA was able to readily access
the full CPOT list and that it would be difficult to show how their
investigations qualify for CPOT funds without having the full list.
Although ONDCP believed the CPOT information it provided was sufficient
for all HIDTAs to fairly compete for discretionary CPOT funding, an
ONDCP official responsible for CPOT funding acknowledged that not
receiving a full CPOT list most likely reduced opportunities for some
HIDTAs to receive CPOT funding or discouraged others from applying for
funds.
All HIDTAs are eligible to apply to receive CPOT funding, according to
ONDCP officials, even though 13 of the 28 HIDTAs did not apply for or
applied for but did not receive CPOT funding in fiscal years 2002 and
2003. In fiscal year 2004, ONDCP's guidance identified three
international organizations that trafficked in illegal drugs in all
HIDTAs. ONDCP officials said that this additional guidance would allow
all HIDTAs to focus their limited funding on these three organizations
and would allow a baseline of opportunity for all HIDTAs to apply for
CPOT funding. ONDCP stated it would give preference to funding
applications that had links to these three CPOT organizations. Ten of
the 11 HIDTAs that received CPOT funds in fiscal year 2004 linked their
applications to the three CPOTs referenced in ONDCP's guidance.
Providing HIDTAs with the names of three CPOT organizations that
operated in all the HIDTA regions established a baseline of opportunity
for the HIDTAs to apply for funding despite receiving a limited number
of CPOT organizational targets from ONDCP.
Commenting on a draft of this report, Justice acknowledged that the
HIDTAs did face some difficulty regarding the distribution of the CPOT
list. However, through participation with ONDCP in evaluating
applications for CPOT funding, Justice officials noticed that--for
those HIDTAs that applied--problems associated with the limited
distribution of the list appeared to be confined to fiscal year 2002,
when the list was first developed. In subsequent years, law enforcement
agencies, including those in the HIDTAs, were more familiar with the
CPOT list and how to gain access to it.
ONDCP's Reduction of CPOT Funding in Fiscal Year 2004 Affected HIDTA
Participation:
The CPOT funding amount almost tripled from fiscal year 2002 to fiscal
year 2003 but was cut in half in fiscal year 2004. Given the reduction
in discretionary funding allocated to CPOT funding, ONDCP officials
said that even if HIDTAs link their investigations to the CPOT list,
and do not supplant other funding sources, they are not guaranteed CPOT
funding. They recognized that reduced funding affected HIDTA
participation. As shown in figure 1, fiscal year 2004 funding was
reduced from $16.5 million to $7.99 million.
Figure 1: CPOT Funding by Fiscal Years:
[See PDF for image]
[End of figure]
In the first year, 8 HIDTAs received funding. In the second year, 14
HIDTAs received funding, and in the third year, when funding was
reduced, 11 HIDTAs received funding. Despite more than a 50 percent
drop in funding in fiscal year 2004, 2 of 11 HIDTAs received CPOT
funding for the first time. While there could be multiple causes, we
also noted that the number of HIDTAs that did not apply in fiscal year
2004 compared with prior years increased from 6 to 10. ONDCP officials
said that the limited CPOT funds must be directed at those HIDTAs
where, in the judgment of those officials who reviewed the CPOT
applications, the supply of drugs from CPOT organizations had the best
chance of being interrupted.
Commenting on a draft of this report, ONDCP agreed that the reduction
of CPOT funding in fiscal year 2004 affected HIDTA participation but
added that this observation, while accurate, should be stated within
the context of all discretionary funding activities. ONDCP consulted
with Congress prior to allocating the discretionary funding, as
required by the report language accompanying the ONDCP's
appropriations. As a result of those consultations, ONDCP decided to
reduce the amount available for funding CPOT-related investigations in
order to fund other activities. Thus, while the reduction in fiscal
year 2004 for CPOT-related funding resulted in fewer HIDTAs receiving
CPOT funding, that should not have caused a decline in applications for
other discretionary funding activities. For more detailed information
on the amounts funded to each HIDTA, see appendix I. Figure 2 shows the
17 HIDTAs that received CPOT funding at least once during fiscal years
2002 through 2004 and the 11 that have not received funding.
Figure 2: Seventeen of 28 High Intensity Drug Trafficking Areas That
Received CPOT Funding for Fiscal Years 2002 through 2004:
[See PDF for image]
[End of figure]
Local Priorities May Not Link with CPOT Organizations:
Within certain HIDTAs, law enforcement tended to focus more on domestic
drug enforcement than on developing links with CPOT organizations.
Officials at three HIDTAs we spoke to told us that in fiscal years 2002
and 2003, they did not apply for CPOT funding because their biggest
drug problems were domestic drug producers and distributors, such as
those organizations involved in methamphetamine and marijuana. As a
result, their strategy was to focus on these local drug traffickers
that they were required by law to investigate,[Footnote 18] and those
investigations did not necessarily link with CPOT organizations. In
addition, according to some HIDTA law enforcement officials, local law
enforcement officers in their HIDTA focused on local investigations
rather than those potentially linked with CPOT organizations because
they saw a direct benefit to their city or countyćprosecution of local
targets accompanied by drug and asset seizures. Also, HIDTA officials
said that while their law enforcement officers initiated numerous
investigations, they do not always have enough funds to proceed to a
level that may link the HIDTA investigation to the CPOT list.
Commenting on a draft of this report, ONDCP did not disagree with the
facts above but emphasized that HIDTAs should be focusing on
investigations of local activities that reach beyond the boundaries of
the HIDTA, consistent with their designation as centers of illegal drug
trafficking activities that affect other parts of the country.
Agency Comments and Our Evaluation:
On December 27, 2004, we provided a draft of this report for review and
comment to ONDCP and Justice. ONDCP commented on our analysis that the
use of some discretionary funding for the HIDTA program to support
CPOT-related drug trafficking investigations was not inconsistent with
the HIDTA mission because it was one possible strategy to eliminate or
reduce significant sources of drug trafficking in their regions.
Justice generally agreed with the substance of the report and provided
clarifications that we also incorporated in this report where
appropriate. Both agencies focused their comments and clarifications on
the second objective: how ONDCP distributed discretionary funds to
HIDTAs for CPOT investigations and why some HIDTAs did not receive
funding. ONDCP stressed their belief that the information they provided
to HIDTAs was sufficient for all HIDTAs to fairly compete for limited
CPOT funding, and that although CPOT funding was reduced in fiscal year
2004, HIDTAs could still participate in other discretionary funding
activities. Finally, ONDCP believes that while some HIDTAs'
investigations may not link to CPOTs, HIDTAs should focus on finding
that link, given their designation as centers of illegal trafficking
that affect other parts of the country.
Justice emphasized that their restrictions on the distribution of the
CPOT list were soundly based, allowed for HIDTAs to gain access to the
full list, and were not intended to withhold access to the CPOT list
from HIDTA personnel. They acknowledged that HIDTAs did face some
difficulty but were confident the problem has been overcome. We
incorporated their perspectives as appropriate.
The full text of the ONDCP Deputy Director for State and Local Affairs'
letter, and the Department of Justice's Associate Deputy Attorney
General's memo are presented in appendix III and IV, respectively.
We will provide copies of this report to appropriate departments and
other interested congressional committees. In addition, we will send
copies to the Attorney General of the United States and the Director of
the Office of National Drug Control Policy. We will also make copies
available to others upon request. In addition, the report will be
available at no charge on GAO's Web site at http://www.gao.gov. Major
contributors to this report are listed in appendix V. If you or your
staffs have any questions concerning this report, contact me on (202)
512-8777.
Signed by:
Laurie Ekstrand:
Director, Homeland Security and Justice Issues:
[End of section]
Appendix I: CPOT Funding Awarded to HIDTAs, Fiscal Years 2002, 2003,
and 2004:
HIDTA: Central Valley California;
Received CPOT funding: No;
Fiscal year 2002: CPOT funding amount: $0;
Fiscal year 2003: Received CPOT funding: Yes;
Fiscal year 2003: CPOT funding amount: $500,000;
Fiscal year 2004: Received CPOT funding: No;
Fiscal year 2004: CPOT funding amount: $0.
HIDTA: Chicago;
Received CPOT funding: No;
Fiscal year 2002: CPOT funding amount: $0;
Fiscal year 2003: Received CPOT funding: Yes;
Fiscal year 2003: CPOT funding amount: $2,600,000;
Fiscal year 2004: Received CPOT funding: Yes;
Fiscal year 2004: CPOT funding amount: $1,278,048.
HIDTA: Gulf Coast;
Received CPOT funding: No;
Fiscal year 2002: CPOT funding amount: $0;
Fiscal year 2003: Received CPOT funding: Yes;
Fiscal year 2003: CPOT funding amount: $110,000;
Fiscal year 2004: Received CPOT funding: No;
Fiscal year 2004: CPOT funding amount: $0.
HIDTA: Hawaii;
Received CPOT funding: No;
Fiscal year 2002: CPOT funding amount: $0;
Fiscal year 2003: Received CPOT funding: Yes;
Fiscal year 2003: CPOT funding amount: $1,000,000;
Fiscal year 2004: Received CPOT funding: No;
Fiscal year 2004: CPOT funding amount: $0.
HIDTA: Houston;
Received CPOT funding: Yes;
Fiscal year 2002: CPOT funding amount: $690,900;
Fiscal year 2003: Received CPOT funding: Yes;
Fiscal year 2003: CPOT funding amount: $1,251,600;
Fiscal year 2004: Received CPOT funding: Yes;
Fiscal year 2004: CPOT funding amount: $925,000.
HIDTA: Los Angeles;
Received CPOT funding: Yes;
Fiscal year 2002: CPOT funding amount: $965,700;
Fiscal year 2003: Received CPOT funding: Yes;
Fiscal year 2003: CPOT funding amount: $1,220,000;
Fiscal year 2004: Received CPOT funding: Yes;
Fiscal year 2004: CPOT funding amount: $1,091,000.
HIDTA: Midwest;
Received CPOT funding: No;
Fiscal year 2002: CPOT funding amount: $0;
Fiscal year 2003: Received CPOT funding: Yes;
Fiscal year 2003: CPOT funding amount: $395,000;
Fiscal year 2004: Received CPOT funding: Yes;
Fiscal year 2004: CPOT funding amount: $290,000.
HIDTA: New England;
Received CPOT funding: No;
Fiscal year 2002: CPOT funding amount: $0;
Fiscal year 2003: Received CPOT funding: Yes;
Fiscal year 2003: CPOT funding amount: $1,120,000;
Fiscal year 2004: Received CPOT funding: Yes;
Fiscal year 2004: CPOT funding amount: $445,000.
HIDTA: New York/New Jersey;
Received CPOT funding: Yes;
Fiscal year 2002: CPOT funding amount: $2,100,000;
Fiscal year 2003: Received CPOT funding: No;
Fiscal year 2003: CPOT funding amount: $0;
Fiscal year 2004: Received CPOT funding: Yes;
Fiscal year 2004: CPOT funding amount: $550,000.
HIDTA: North Texas;
Received CPOT funding: Yes;
Fiscal year 2002: CPOT funding amount: $150,000;
Fiscal year 2003: Received CPOT funding: Yes;
Fiscal year 2003: CPOT funding amount: $465,000;
Fiscal year 2004: Received CPOT funding: No;
Fiscal year 2004: CPOT funding amount: $0.
HIDTA: Northern California;
Received CPOT funding: Yes;
Fiscal year 2002: CPOT funding amount: $107,400;
Fiscal year 2003: Received CPOT funding: Yes;
Fiscal year 2003: CPOT funding amount: $200,000;
Fiscal year 2004: Received CPOT funding: No;
Fiscal year 2004: CPOT funding amount: $0.
HIDTA: Northwest;
Received CPOT funding: No;
Fiscal year 2002: CPOT funding amount: $0;
Fiscal year 2003: Received CPOT funding: Yes;
Fiscal year 2003: CPOT funding amount: $290,000;
Fiscal year 2004: Received CPOT funding: Yes;
Fiscal year 2004: CPOT funding amount: $245,000.
HIDTA: Ohio;
Received CPOT funding: No;
Fiscal year 2002: CPOT funding amount: $0;
Fiscal year 2003: Received CPOT funding: No;
Fiscal year 2003: CPOT funding amount: $0;
Fiscal year 2004: Received CPOT funding: Yes;
Fiscal year 2004: CPOT funding amount: $315,000.
HIDTA: Oregon;
Received CPOT funding: No;
Fiscal year 2002: CPOT funding amount: $0;
Fiscal year 2003: Received CPOT funding: No;
Fiscal year 2003: CPOT funding amount: $0;
Fiscal year 2004: Received CPOT funding: Yes;
Fiscal year 2004: CPOT funding amount: $250,000.
HIDTA: South Florida;
Received CPOT funding: Yes;
Fiscal year 2002: CPOT funding amount: $700,000;
Fiscal year 2003: Received CPOT funding: Yes;
Fiscal year 2003: CPOT funding amount: $841,115;
Fiscal year 2004: Received CPOT funding: Yes;
Fiscal year 2004: CPOT funding amount: $255,000.
HIDTA: Southwest Border;
Received CPOT funding: Yes;
Fiscal year 2002: CPOT funding amount: $796,000;
Fiscal year 2003: Received CPOT funding: Yes;
Fiscal year 2003: CPOT funding amount: $5,000,000;
Fiscal year 2004: Received CPOT funding: Yes;
Fiscal year 2004: CPOT funding amount: $2,350,217.
HIDTA: Washington/Baltimore;
Received CPOT funding: Yes;
Fiscal year 2002: CPOT funding amount: $240,000;
Fiscal year 2003: Received CPOT funding: Yes;
Fiscal year 2003: CPOT funding amount: $1,500,000;
Fiscal year 2004: Received CPOT funding: No;
Fiscal year 2004: CPOT funding amount: $0.
HIDTA: Total;
Received CPOT funding: 8;
Fiscal year 2002: CPOT funding amount: $5,750,000;
Fiscal year 2003: Received CPOT funding: 14;
Fiscal year 2003: CPOT funding amount: $16,492,715;
Fiscal year 2004: Received CPOT funding: 11;
Fiscal year 2004: CPOT funding amount: $7,994,265.
Source: ONDCP.
Note: CPOT refers to Consolidated Priority Organization Target. HIDTA
refers to High Intensity Drug Trafficking Area:
[End of table]
[End of section]
Appendix II: Federal Law Enforcement Organizations Engaged in CPOT
Investigations:
During fiscal year 2003, a total of 744 CPOT investigations were
conducted by OCDETF member law enforcement agencies. The majority of
those investigations (497, or 67 percent) were multi-agency OCDETF
investigations, involving participation from DEA, FBI, ICE, IRS and
other member agencies, while the remaining were conducted individually
by DEA (191, or 26 percent) or FBI (56, or 8 percent).
Figure 3: Federal Law Enforcement Organizations Conducted 744 CPOT
Investigations in Fiscal Year 2003:
[See PDF for image]
Notes: In March 2003, the federal government merged the investigation
components of Immigration and Naturalization Service (INS) and U.S.
Customs Service (USCS ) into one agencyćImmigration and Customs
Enforcement--under the Department of Homeland Security.
Totals do not add to 100% because of rounding.
Given that these member agencies conduct investigations jointly,
totaling the number of CPOT investigations in this figure by each
agency does not add up to 497.
[End of figure]
For fiscal year 2004, the majority of CPOT investigations continued to
be multi-agency OCDETF investigations. For the first 7 months of fiscal
year 2004, 72 percent (548 of 761) of CPOT investigations conducted by
member law enforcement agencies were designated as OCDETF
investigations. OCDETF officials attributed fiscal year 2004 increases
in CPOT investigations over fiscal year 2003 to OCDETF's emphasis on
identifying links between targeted domestic organizations and the CPOT
list.
As previously mentioned, OCDETF is composed of member agencies that
worked together on the 497 CPOT investigations in fiscal year 2003.
Member agencies either led investigations or supported other OCDETF
member agencies in these investigations. The bar chart in figure 3
shows the number of drug investigations in which each OCDETF member
agency participated. For example, DEA participated in 402 CPOT
investigations, the highest level of participation by any member
agency. FBI participated in 320 investigations, many of which it
conducted jointly with DEA along with other member agencies.
DEA and FBI are the only OCDETF member agencies that conducted separate
CPOT investigations. Generally, these investigations were handled
outside of OCDETF because they did not yet satisfy the criteria for
OCDETF designation--that is, they were investigations conducted
exclusively by foreign offices or investigations that had not yet
developed to a sufficient level to be designated as OCDETF cases. For
the first 7 months of fiscal year 2004, data showed that DEA separately
conducted 23 percent (172 of 761) and FBI separately conducted 5
percent (41 of 761) of investigations linked to CPOTs in addition to
their participation in OCDETF investigations. These two agencies
conducted their CPOT investigations out of their own agency's direct
appropriations.
These CPOT investigations can subsequently become eligible for OCDETF
funding when OCDETF's criteria are met. For example, besides being
linked to the CPOT list, DEA and FBI investigations are to involve
multiple law enforcement agencies, among other things, in order to
qualify as OCDETF-designated CPOT investigations. Figure 4 shows the
relationship among OCDETF, DEA, and FBI in their handling of CPOT
investigations and shows that DEA and the FBI conduct CPOT
investigations both separately and collectively with other OCDETF
member agencies. Figure 4 also shows the collaborative relationship
between ONDCP and Justice.
Figure 4: Federal Agencies That Conduct CPOT Investigations:
[See PDF for image]
[End of figure]
[End of section]
Appendix III: Comments from the White House Office of National Drug
Control Policy:
EXECUTIVE OFFICE OF THE PRESIDENT:
OFFICE OF NATIONAL DRUG CONTROL POLICY:
Washington, D. C. 20503:
January 4, 2005:
Laurie Ekstrand:
Director, Homeland Security and Justice:
United States Government Accountability Office:
441 G Street, NW:
Washington, DC 20548:
Dear Ms. Ekstrand:
Thank you for providing the Office of National Drug Control Policy the
opportunity to review your draft report entitled Drug Control: High
Intensity Drug Trafficking Areas 'Participation in International Drug
Investigations, GAO-05-122. This Office offers the following comments
for your consideration and for inclusion in the final version of the
report.
We are pleased your report concurs with ONDCP on the central point of
the review, namely that the use of discretionary funding for the HIDTA
program to support CPOT-related drug trafficking investigations is
consistent with the statute authorizing the HIDTA program and with the
program's mission. ONDCP firmly believes that encouraging
investigations of CPOT-linked organizations is a sound strategy in
areas designated as centers of illegal drug trafficking activities that
are having harmful impacts in other areas of the United States.
We are also pleased that your report concluded that ONDCP awarded
discretionary funding only for HIDTA CPOT-investigative activities that
were consistent with the overall requirements of the HIDTA program and
did not award discretionary funds for proposed activities that did not
meet those requirements even if they showed a CPOT link. The members of
inter-agency committee that review applications for CPOT-funding, and
for other discretionary activities, are committed to ensuring the
integrity of the process, and we appreciate the implicit recognition of
their work.
ONDCP offers the following comments concerning the report's conclusions
regarding how ONDCP distributed discretionary funds to HIDTAs for CPOT
investigations and why some HIDTAs did not receive such funding.
First, the report concludes, "ONDCP Did Not Provide Sufficient
Information for Some HIDTAs to Fully Develop Their Applications for
CPOT Funding but Took Steps to Address These Issues." ONDCP believes
the report's primary basis for this conclusion is erroneous and that
the guidance and information provided was sufficient to enable all
HIDTAs to fairly compete for the discretionary CPOT funding.
The report asserts that "although ONDCP's guidance stated that it
included the CPOT list, ONDCP was only able to provide a partial CPOT
list to officials in all HIDTAs in each of the three fiscal years it
provided CPOT funding, even though applications were to include a link
between their investigations and the CPOT list." In fact, in each of
the three years our guidance specifically noted that only a portion of
the current CPOT list was attached. Copies of that guidance, which was
provided electronically to all HIDTAs, are enclosed.
In addition, because ONDCP does not have the authority to disseminate
the entire CPOT list, access to which is limited to Federal law
enforcement agencies, the guidance indicated where a more complete list
of CPOT targets could be obtained. Specifically, ONDCP identified the
Drug Enforcement Administration and Federal Bureau of Investigation
field offices, and the United States Attorney's Regional Coordinator
for the Organized Crime and Drug Enforcement Task Force program, as
sources for the list. A representative from at least one of these
agencies is a member of each HIDTA Executive Board and has access to
the entire CPOT list.
Second, the report's conclusion that "Local Priorities May Not Link
with CPOT Organizations" reflects a misunderstanding of ONDCP's CPOT
project and the HIDTA mission. The report states that three of the 28
HIDTAs did not apply for discretionary CPOT funding because they tended
to focus more on "domestic" drug enforcement than on developing links
with CPOT organizations. According to the report, officials in those
HIDTAs reported their biggest drug problems required focusing on local
drug traffickers, investigations that in their view did not necessarily
link with CPOT organizations, and that they do not always have enough
funds to proceed to a level that may link the HIDTA investigation to
the CPOT list.
ONDCP believes that HIDTAs, given their designation as centers of
illegal trafficking with drug trafficking activities that affect other
parts of the country, should be focusing on investigations of
activities that reach beyond the boundaries of the HIDTA. Encouraging
HIDTAs to investigate CPOTs and offering additional funding to support
such investigations, is consistent with the statutory requirements for
designation as a HIDTA. Whether an individual HIDTA chooses to apply
for these funds is a decision for that HIDTAs Executive Board.
Third, the report notes that "ONDCP's Reduction of CPOT Funding in
Fiscal Year 2004 Affected HIDTA Participation." This conclusion, while
accurate, is incomplete. ONDCP, as required by the report language
accompanying the ONDCP's appropriations, consulted with the Congress
prior to allocating the discretionary funding. As a result of those
consultations, ONDCP decided to reduce the amount available for funding
CPOT-related investigations in order to fund other activities. The
reduction in CPOT-related funding from $16.5 million in FY 2003 to $8.0
million in FY 2004 resulted in fewer HIDTAs receiving CPOT funding (14
in 2003 v. 11 in 2004), there is no reason it should have caused a
decline in applications. All HIDTAs remained eligible for funding, and
to encourage applications, ONDCP's guidance for the CPOT applications
identified three CPOT targets that were expected to have links with
trafficking activities in all 28 HIDTAs.
We also note that the title of the report is now "High Intensity Drug
Trafficking Areas' Participation in International Drug
Investigations." In previous communications from the GAO, the report
had been identified as "Regarding CPOT Investigations and the HIDTA
Program." ONDCP believes the current title might be misleading. CPOT
funding is provided for investigations of major drug trafficking
organizations affiliated with CPOTs. HIDTAs do not participate in
international investigations. The current title might lead some readers
to believe HIDTA funding can be used to conduct or supplement
investigations in Colombia or Afghanistan. We believe a more accurate
title would be "High Intensity Drug Trafficking Areas' Participation in
CPOT-Related Investigations."
Thank you for the opportunity to comment on the draft report. ONDCP is
committed to the HIDTA program and to making it as effective as
possible, consistent with the statutory intent of the Congress. We have
enjoyed the interaction with GAO staff working on this project over the
past year. If you have any questions about this letter or need any
additional information, please contact Joseph Keefe, Assistant Deputy
Director for State and Local Affairs, at (202) 395-6755.
Sincerely,
Signed by:
Scott Burns:
Deputy Director:
State and Local Affairs:
Enclosures:
[End of section]
Appendix IV: Comments from the Department of Justice:
U.S. Department of Justice:
Criminal Division:
Executive Office for the Organized Crime Drug Enforcement Task Forces:
Washington, D.C. 20530:
January 6, 2005:
MEMORANDUM:
To: Laurie Ekstrand:
Director, Homeland Security and Justice:
Government Accountability Office:
Ron Salo:
Analyst-in-Charge:
From: Catherine M. O'Neil:
Associate Deputy Attorney General:
Director, OCDETF:
Subject: Department of Justice comments on draft report entitled Drug
Control: High Intensity Drug Tracking Area's Participation in
International Drug Investigations, GAO-05-122:
Thank you for the opportunity to review the Government Accountability
Office (GAO) draft report entitled "Drug Control: High Intensity Drug
Trafficking Area's Participation in International Drug Investigations,
GAO-05-122." The draft report has been reviewed by various components
of the Department of Justice, including the Organized Crime Drug
Enforcement Task Forces. The Department generally agrees with the
substance of your report; however, we have substantive comments that
the Department believes would further clarify some portions of the
draft. This letter constitutes the formal Department of Justice
comments to the draft report, and it is requested that the following
clarifications be included in GAO's final report.
On page 3, your report implies that the CPOT List was intentionally
withheld from the HIDTAs and that their ability to apply for
discretionary funding was impaired. The Department acknowledges that
ONDCP was unable to provide the full CPOT List directly to the HIDTAs,
but that is only because the CPOT List had been designated "law
enforcement sensitive" by the law enforcement agencies responsible for
developing and overseeing the list. Accordingly, distribution of the
list was conducted on a limited "need to know" basis, and all copies of
the list, or portions thereof, were required to be documented and
tracked by the federal law enforcement entity that distributed the
list. There was no intent to withhold access to the CPOT List from
HIDTA personnel, however, and, in fact, HIDTAs were provided access to
the CPOT List through the various agency Special Agents in Charge and
the United States Attorneys.
On page 8, the report reflects that some HIDTAs that applied for
funding did not receive it because they did not have sufficient
investigative resources to uncover the link to a CPOT organization.
While in some circumstances this may be true, it was also often the
case that the HIDTAs, while having sufficient resources to do so,
simply had not yet taken the investigation far enough to establish a
sufficient nexus to a CPOT that would justify the award of
discretionary funds.
You state on page 10 that "ONDCP advised HIDTAs to obtain the entire
list from their Justice contacts." DOJ cannot confirm or deny what was
communicated by ONDCP. However, as we discussed at the exit conference,
the CPOT List was available from the Special Agents in Charge of any
OCDETF-member agency; this would include not only Justice components
(DEA, FBI and U.S. Marshals) but also Treasury and Homeland Security
agencies (i.e., ICE (INS and Customs), IRS and ATF (through 2003)).
Also on page 10, paragraph 2, you again discuss the restrictions that
were placed on distribution of the CPOT List. As we discussed at length
in the exit conference, these restrictions are driven by the fact that
the member agencies have designated the list as "law enforcement
sensitive," because disclosure of certain investigative information
contained on the list might jeopardize ongoing investigations of
targeted organizations. As a result, access to the full CPOT List is
restricted to OCDETF-member federal law enforcement agencies. Non-
participating federal agencies, HIDTA directors, state and local police
officials, and other non-federal law enforcement entities, such as
ONDCP, may obtain the List from U.S. Attorneys or Special Agents-in-
Charge of the OCDETF member agencies on a "need to know" basis. To
facilitate the distribution of discretionary CPOT funding, however,
OCDETF provided a partial list to ONDCP, which contained information on
some of the largest organizations and those commonly-known to, and
targeted by, the law enforcement community.
On page 11, the report suggests that the distribution of the CPOT List
caused a "problem" for the HIDTAs. Again, the Department acknowledges
that the HIDTAs did face some difficulty. However, through
participation in evaluating applications for CPOT funding, Department
officials noticed that problems associated with the limited
distribution of the list appeared to be confined to fiscal year 2002,
when the list was first developed. In subsequent years, law enforcement
agencies, including the HIDTAs, were more familiar with the CPOT List
and how to gain access to it.
We appreciate your careful attention to these comments, and we remain
available to answer additional questions, if necessary. If you require
any additional information, please contact me directly at (202) 307-
2090.
[End of section]
Appendix V: GAO Contacts and Staff Acknowledgments:
GAO Contacts:
Laurie E. Ekstrand, (202) 512-8777:
Staff Acknowledgments:
In addition to those named above, the following individuals contributed
to this report: Frances Cook, Grace Coleman, David Dornisch, Michael H.
Harmond, Weldon McPhail, and Ron Salo.
FOOTNOTES
[1] The HIDTA program is a federally funded program that brings
together federal, state, and local law enforcement agencies into task
forces that conduct investigations of drug trafficking organizations
engaged in illegal drug production, manufacturing, importation, or
distribution.
[2] We are using the term CPOT investigations in this report to
describe domestic drug investigations conducted by HIDTAs that link to
leaders of international drug organizations on the CPOT list.
[3] Pub. L. No. 105-277, div. C, tit. VII, §§ 701-715, 112 Stat 2681,
2681-670-93.
[4] We were unable to determine the dollar amounts that federal
agencies designated for CPOT investigations because they do not record
resources for CPOT investigations separately from resource expenditures
for other investigations they conduct.
[5] We are using the term local drug traffickers to refer to HIDTA
region-wide drug trafficking organizations that have been identified by
HIDTAs in their ONDCP-approved threat assessments developed in
consultation with the local, state, and federal law enforcement
agencies within their respective geographic region.
[6] ONDCP's Internet Web page: http://www.whitehousedrugpolicy.gov/
hidta/frames_overview.html/.
[7] We did not include applications awarded CPOT funding for fiscal
year 2004 in our application review because ONDCP had not concluded the
award process at that time.
[8] Congressional funding for the HIDTA program, which was between $221
and $225 over the last 3 fiscal years up through 2004, consisted of a
base level of about $206 million for HIDTA operations (allocated to
each HIDTA at a level not less than what they received the previous
year), and discretionary funds of between $15 and $19 million for
special projects, such as CPOT funding.
[9] OCDETF's member federal agencies are the Bureau of Alcohol,
Tobacco, Firearms and Explosives (ATF); the Drug Enforcement
Administration; the Federal Bureau of Investigation; the Internal
Revenue Service (IRS); the United States Coast Guard (USCG); the Bureau
of Immigration and Customs Enforcement (ICE); and the United States
Marshals Service (USMS).
[10] OCDETF reviews the CPOT list at the midpoint of the fiscal year
and adds drug trafficking organizations, if warranted.
[11] The Office was originally established by the Anti-Drug Abuse Act
of 1988, Pub. L. No. 100-690, 102 Stat. 4181, 4181, with almost
identical language authorizing the HIDTA Program, id. §1005(c), 102
Stat. at 4186.
[12] Office of National Drug Control Policy Reauthorization Act of
1998, §707(c) (codified at 21 U.S.C. §1706(c) (2000)). These same
factors were listed in §1005(c)(2) of the Anti-Drug Abuse Act of 1988
when the HIDTA program was first authorized.
[13] See, e.g., S. Rep. No. 108-146, at 139 (2003); H.R. Rep. No. 107-
575, at 68 (2002); S. Rep. No. 107-212, at 59 (2002).
[14] In fiscal year 2002, 8 HIDTAs received CPOT funding; in fiscal
year 2003, 14 HIDTAs received CPOT funding; in fiscal year 2004 11
HIDTAs received CPOT funding. Collectively, in all 3 years 17 HIDTAs
received CPOT funding (see app.1).
[15] Our review of applications for CPOT funding did not include those
for which no funds were awarded by ONDCP.
[16] HIDTA applications for CPOT funding may contain multiple drug
investigation activities in one initiative. Also, some applications may
receive funding for some activities and not for others.
[17] Commenting on a draft of this report, Justice said the CPOT list
was available from U.S. Attorney's offices and the Special Agents-in-
Charge of any OCDETF-member agency; see appendix II for member
agencies.
[18] Each of HIDTAs' investigations supported with federal funds must
be consistent with its approved strategy under the HIDTA program. See,
e.g. Consolidated Appropriations Resolution, 2003, Pub. L. No. 108-7,
117 Stat. 11, 447 (2003) (appropriating funds for "drug control
activities consistent with the approved strategy for each of the
designated High Intensity Drug Trafficking Areas").
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