United States Government Publishing Office publisher pbl distributor dst United States Government Accountability Office National Security and International Affairs Division author aut Government Organization text government publication eng GAOREPORTS Legislative Agency Publications gao legislative 2010-08-12 U.S. Government Printing Office 1999-08-26 monographic deposited born digital 37 p. GA 1.13:NSIAD/OSI-99-133 https://www.govinfo.gov/app/details/GAOREPORTS-NSIAD-OSI-99-133 P0b002ee180376ce4 f:n699133 DGPO 2010-08-12 2011-03-24 GAOREPORTS-NSIAD-OSI-99-133 machine generated eng fdlp REPORT GAOREPORTS-NSIAD-OSI-99-133 NSIAD/OSI-99-133 Drugs Military operations Search and seizure Civic action Law enforcement Interagency relations Drug trafficking Statutory law Reimbursements to government Controlled substances Waco (TX) Letter Report NSIAD OSI

Pursuant to a legislative requirement, GAO reviewed certain aspects of the military assistance provided to law enforcement agencies during the Branch Davidians incident, focusing on: (1) whether the Bureau of Alcohol, Tobacco, and Firearms (ATF) requests for support from military counterdrug programs met requirements for authorizing that support; (2) the measures ATF took to deal with any drug activity it might find during its warrant service, and whether those measures were appropriate for such operations where a methamphetamine laboratory might be encountered; and (3) the types, costs, and reimbursements of all military support, including that from counterdrug programs, provided to ATF and the Federal Bureau of Investigation (FBI).<p/>GAO noted that: (1) ATF's two requests for military counterdrug support of its Davidian operations met requirements to authorize provision of that support under the relevant statutes; (2) ATF cited possible drug-related activity at the compound in both its written requests--the first to the Texas National Guard and the second to Operation Alliance, a coordinating center for counterdrug assistance; (3) the military's decision in both cases to provide the counterdrug support was a reasonable exercise of agency discretion and was authorized under the relevant statutes; (4) ATF's planning for the warrant service addressed the possibility of encountering hazardous drug materials; (5) ATF agents were made aware of the suspected drug laboratory and the appropriate precautions; (6) moreover, a team from the Drug Enforcement Administration was at the command post the day of the operation to handle and drug-related materials that might be found; (7) this planning was consistent with ATF's own policies--and those of other federal law enforcement agencies--governing operations to secure armed suspects and facilities, including those where a drug laboratory is present; (8) military assistance to ATF and FBI included: (a) surveillance, reconnaissance, and transport; (b) equipment and supplies; (c) training and instruction; and (d) maintenance and repairs; (9) the military provided several items of major equipment, including helicopters and unarmed tactical ground vehicles; (10) GAO estimated the total cost of military assistance to be about $1 million, of which nearly 90 percent was incurred by the Texas National Guard and active Army units and the rest by the Alabama National Guard and active Air Force; (11) under the Economy Act, ATF and FBI reimbursed the Texas National Guard, the Army, and the Air Force for about three-quarters of the support; (12) repayment of another 14 percent, which came from counterdrug programs, was waived by the military, which has the authority to do so if the supported agency suspects a drug connection; (13) these nonreimbursable expenses represented less than $140,000; (14) the military also mistakenly undercharged these two agencies by a comparatively small amount, which should have been reimbursed; (15) the Army does not plan to collect these undercharges, as it would realize no benefit--it would have to apply any collection to prior-year obligations; and (16) finally, under applicable statutes, the military gave ATF and FBI without charge some excess military items, mostly office and camp equipment, clothes, and tools. https://www.govinfo.gov/content/pkg/GAOREPORTS-NSIAD-OSI-99-133/html/GAOREPORTS-NSIAD-OSI-99-133.htm https://www.govinfo.gov/content/pkg/GAOREPORTS-NSIAD-OSI-99-133/pdf/GAOREPORTS-NSIAD-OSI-99-133.pdf GAO/NSIAD/OSI-99-133 https://www.govinfo.gov/app/details/GAOREPORTS-NSIAD-OSI-99-133 Letter Report GAO/NSIAD/OSI-99-133; Department of Defense: Military Assistance Provided at; Drugs Military operations Search and seizure Civic action Law enforcement Interagency relations Drug trafficking Statutory law Reimbursements to government Controlled substances Waco (TX) Title 8 Section 1324 Title 8 Section 1328 8 U.S.C. 1324 8 U.S.C. 1328 Title 10 Section 2576a Title 10 Section 371 Title 10 Section 373 Title 10 Section 374 Title 10 Section 377 Title 10 Section 382 10 U.S.C. 2576a 10 U.S.C. 371 10 U.S.C. 373 10 U.S.C. 374 10 U.S.C. 377 10 U.S.C. 382 Title 21 Section 801et seq. 21 U.S.C. 801et seq. Title 26 Section 5845 26 U.S.C. 5845 Title 31 Section 1535 31 U.S.C. 1535 Title 32 Section 112 32 U.S.C. 112 Public Law 104-201 Public Law 105-261