Drug Control: DOD and National Guard Align Counterdrug Policies and Guidance with Federal Laws

By Diana Moldafsky

Drug overdose deaths in the U.S., including from synthetic opioids such as fentanyl, surged during the past 25 years, according to the Office of National Drug Control Policy. Congress appropriated approximately $1.33 billion dollars for the National Guard Counterdrug Program during fiscal year 2019 through fiscal year 2024. This program supports federal, state, local, and tribal law enforcement with drug interdiction activities in 50 states, the District of Columbia, Puerto Rico, Guam, and U.S. Virgin Islands. The joint explanatory statement for the Consolidated Appropriations Act, 2024, includes a provision for GAO to review certain DOD and National Guard Bureau counterdrug instructions and examine whether they limit support for counterdrug efforts under the law. This report evaluates the extent to which (1) DOD and National Guard Bureau align their counterdrug policies with applicable federal counterdrug laws; and (2) DOD’s changes in guidance during fiscal year 2019 through fiscal year 2024 clarified how counterdrug activities could be conducted. GAO identified and reviewed federal counterdrug laws; evaluated relevant DOD and National Guard Bureau policies; and reviewed changes in DOD policies and guidance related to the implementation of domestic counterdrug activities during the past 6 fiscal years. GAO also interviewed DOD, federal law enforcement, and state National Guard officials. GAO also conducted site visits to locations in California and Texas.

Drug overdose deaths in the U.S., including those from fentanyl, surged over the past 25 years.

To reduce drug trafficking and criminal activity, the Department of Defense and the National Guard help support federal, state, local and tribal law enforcement. The counterdrug support services they offer include information analysis, translation and transcription, and air and ground surveillance.

DOD and the National Guard Bureau work to ensure their counterdrug policies match up with the activities described in federal laws. DOD periodically updates its guidance to further clarify what counterdrug activities can be conducted.

Washington DC: U.S. Government Accountability Office, 2025. 35p.