Department of Justice Files Nationwide Lawsuit Against Walmart Inc. for Controlled Substances Act Violations

Complaint Alleges Company Unlawfully Dispensed and Distributed Prescription Opioids

In a civil complaint filed today, the Department of Justice has alleged that Walmart Inc. unlawfully dispensed controlled substances from pharmacies it operated across the country and unlawfully distributed controlled substances to those pharmacies throughout the height of the prescription opioid crisis. 

The complaint alleges that this unlawful conduct resulted in hundreds of thousands of violations of the Controlled Substances Act (CSA).  The Justice Department seeks civil penalties, which could total in the billions of dollars, and injunctive relief.

“It has been a priority of this administration to hold accountable those responsible for the prescription opioid crisis.  As one of the largest pharmacy chains and wholesale drug distributors in the country, Walmart had the responsibility and the means to help prevent the diversion of prescription opioids,” said Jeffrey Bossert Clark, Acting Assistant Attorney General of the Civil Division.  “Instead, for years, it did the opposite — filling thousands of invalid prescriptions at its pharmacies and failing to report suspicious orders of opioids and other drugs placed by those pharmacies.  This unlawful conduct contributed to the epidemic of opioid abuse throughout the United States.  Today’s filing represents an important step in the effort to hold Walmart accountable for such conduct.”

“We entrust distributors and dispensers with the responsibility to ensure controlled substances do not fall into the wrong hands,” said Drug Enforcement Administration (DEA) Acting Administrator Timothy Shea.  “When processes to safeguard against drug diversion are violated or ignored, or when pharmacies routinely fill illegitimate prescriptions, we will hold accountable anyone responsible, including Walmart.  Too many lives have been lost because of oversight failures and those entrusted with responsibility turning a blind eye.”

The result of a multi-year investigation by the department’s Prescription Interdiction & Litigation (PIL) Task Force, the complaint filed in the U.S. District Court for the District of Delaware alleges that Walmart violated the CSA in multiple ways as the operator of its pharmacies and wholesale drug distribution centers.  The complaint alleges that, as the operator of its pharmacies, Walmart knowingly filled thousands of controlled substance prescriptions that were not issued for legitimate medical purposes or in the usual course of medical practice, and that it filled prescriptions outside the ordinary course of pharmacy practice.  The complaint also alleges that, as the operator of its distribution centers, which ceased distributing controlled substances in 2018, Walmart received hundreds of thousands of suspicious orders that it failed to report as required to by the DEA.  Together, the complaint alleges, these actions helped to fuel the prescription opioid crisis. 

If Walmart is found liable for violating the CSA, it could face civil penalties of up to $67,627 for each unlawful prescription filled and $15,691 for each suspicious order not reported.  The court also may award injunctive relief to prevent Walmart from committing further CSA violations.

“For years, Walmart failed to meet its obligations in distributing and dispensing dangerous opioids and other drugs,” said Deputy Assistant Attorney General Daniel J. Feith of the Civil Division’s Consumer Protection Branch.  “We look forward to advancing this case with our DOJ partners.”    

“The opioid crisis has exacted a catastrophic human toll upon the residents of our district and upon our country,” said U.S. Attorney for the Middle District of Florida Maria Chapa Lopez.  “National pharmacy chains must meet their legal obligations when dispensing and distributing these powerful medications. The filing of this complaint in collaboration with the Department of Justice and other United States Attorneys’ Offices demonstrates our firm commitment to enforcing these critical legal requirements.”

“As a pharmacy that fills prescriptions for controlled substances, Walmart has an obligation to fill only those prescriptions that are legitimate,” said Acting U.S. Attorney for the Eastern District of New York Seth D. DuCharme.  “As a wholesale drug distributor, Walmart also had an obligation to notify DEA of suspicious orders of controlled substances.  Walmart failed to comply with both of its obligations, and thereby failed in its responsibility to prevent the diversion of controlled substances.”

“Today’s complaint is the culmination of a painstaking investigation by my office and our Department of Justice colleagues that uncovered years of unlawful conduct that did untold damage to communities around the country, including here in Colorado,” said U.S. Attorney for the District of Colorado Jason R. Dunn.  “We look forward to pursuing justice and holding the company accountable for its conduct.”

“Opioid addiction and abuse have devastated communities across our nation, and eastern North Carolina is no exception,” said U.S. Attorney for the Eastern District of North Carolina Robert Higdon Jr.  “Walmart’s failures only made these problems worse.  For example, our office prosecuted a physician for illegal opioid distribution.  A jury convicted him just last year, and he is currently serving a twenty-year prison sentence.  As it turns out, that physician expressly directed patients to Walmart to have their opioid prescriptions filled.  Walmart’s own pharmacists reported concerns about the doctor up the corporate chain, but for years, Walmart did nothing—except continue to dispense thousands of opioid pills.  My office will continue to work with others in the Department to ensure that Walmart — and all others who had a role to play in this ongoing opioid crisis — are held responsible.”

“The misuse of prescription painkillers is a public health crisis,” said U.S. Attorney for the District of Delaware David C. Weiss.  “DEA registrants must understand that licensure is a privilege, not a right.  Whenever that privilege is abused, whether by the smallest local provider or the largest national chain, our office and the Department of Justice will take all necessary steps to enforce the law and keep the public safe.”

The claims made in the complaint are allegations that United States must prove if the case proceeds to trial.

The United States is represented in the filed action by attorneys from the Department of Justice Civil Division’s Consumer Protection Branch and from the U.S. Attorneys’ Offices for the District of Colorado, District of Delaware, Eastern District of North Carolina, Eastern District of New York, and Middle District of Florida.  The DEA’s Dallas Field Division and Diversion Control Operations personnel investigated the case.  The DEA’s Office of Chief Counsel and the Criminal Division’s Narcotic and Dangerous Drug Section provided substantial support.

Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch.  For information about the U.S. Attorneys’ Offices, visit: District of Colorado, https://www.justice.gov/usao-co; District of Delaware https://www.justice.gov/usao-de; Eastern District of North Carolina https://www.justice.gov/usao-ednc; Eastern District of New York https://www.justice.gov/usao-edny; Middle District of Florida https://www.justice.gov/usao-mdfl.  Information about the DEA is available at www.dea.gov.

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    The U.S. Army Corps of Engineers (Corps) has taken steps to implement its Navigation and Ecosystem Sustainability Program (NESP)—a dual-purpose program for navigation improvements and ecosystem restoration along the Upper Mississippi River system. Specifically, in 2004 the Corps identified 24 navigation improvement projects and 1,010 ecosystem restoration projects and proposed a plan for implementing them. For example, the Corps plans to construct or extend 12 locks to facilitate commercial barge traffic along the river system (see fig.), which the states of Illinois, Iowa, Minnesota, Missouri, and Wisconsin have generally relied on as their principal conduit for export-bound agricultural products. The Corps also plans to restore floodplains along the river system and backwaters that provide habitat for hundreds of species of wildlife. While the total estimated program cost is $7.9 billion, as of October 2020, the Corps has initiated technical studies and designs for 47 NESP projects at a cost of approximately $65 million. Barge Tow at Lock and Dam 15 in Rock Island, Illinois However, the Corps has identified several challenges facing the program, and it has taken steps to mitigate them. Specifically, the Corps was unable to implement NESP projects for 7 years because the program did not receive funding in fiscal years 2011 through 2017, in part because the Corps identified other projects as higher priorities. To mitigate this challenge, the Corps reprogrammed funding to help ensure projects could be executed when funds became available. Another challenge is that the Corps has not yet established partnership agreements that are needed for some NESP ecosystem projects. Corps officials said that about 15 to 20 percent of the ecosystem projects will require partnership agreements in which partners commit to share 35 percent of the project costs, typically through the purchase of land for the project. The officials said that partners may be reluctant to make financial commitments to projects while NESP funding is uncertain. Furthermore, the partnership agreements can take up to 18 months to put in place. To help expedite program implementation, Corps officials said they have pursued projects in fiscal year 2020 that can begin without a commitment from project partners. The Upper Mississippi River system provides approximately $1 billion in annual benefits to the nation’s economy through boating, fishing, and other uses, according to a Corps report. It also supports more than 2.5 million acres of aquatic, wetland, forest, grassland, and agricultural habitats. In 1986, Congress declared its intent to recognize the system as a nationally significant commercial navigation system and a nationally significant ecosystem. However, the Upper Mississippi River’s navigation system has faced significant delays in commercial boating and barge traffic, and human activity has caused a decline in environmental quality, according to a 2004 Corps report. The Corps initiated studies in 1989 and 1990 to identify ways to improve the river system. The Corps issued a feasibility report in 2004 that identified improvement projects, and in 2007 Congress formally authorized NESP and the projects identified in the report. GAO was asked to review NESP. This report describes (1) the steps the Corps has taken to implement NESP and (2) the challenges the Corps has identified to fully implementing the program and steps the Corps is taking to address these challenges. To conduct this work, GAO reviewed Corps reports, documents, and data from fiscal year 2005—the year in which the Corps began implementing NESP projects—through fiscal year 2020. GAO also interviewed Corps officials. For more information, contact Mark Gaffigan at (202) 512-3841 or gaffiganm@gao.gov.
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  • Air Pollution: Opportunities to Better Sustain and Modernize the National Air Quality Monitoring System
    In U.S GAO News
    The ambient air quality monitoring system is a national asset that provides standardized information for implementing the Clean Air Act and protecting public health. The Environmental Protection Agency (EPA) and state and local agencies cooperatively manage the system, with each playing different roles in design, operation, oversight, and funding. For example, EPA establishes minimum requirements for the system, and state and local agencies operate the monitors and report data to EPA. Officials from EPA and selected state and local agencies identified challenges related to sustaining the monitoring system. For example, they said that infrastructure is aging while annual EPA funding for state and local air quality management grants, which cover monitoring, has decreased by about 20 percent since 2004 after adjusting for inflation (see fig.). GAO found inconsistencies in how EPA regions have addressed these challenges. GAO's prior work has identified key characteristics of asset management, such as identifying needed resources and using quality data to manage infrastructure risks, which can help organizations optimize limited resources. By developing an asset management framework that includes such characteristics, EPA could better target limited resources toward the highest priorities for consistently sustaining the system. Annual Inflation-Adjusted EPA Funding for State and Local Air Quality Management Grants Air quality managers, researchers, and the public need additional information so they can better understand and address the health risks from air pollution, according to GAO's review of literature and interviews GAO conducted. These needs include additional information on (1) air toxics to understand health risks in key locations such as near industrial facilities; and (2) how to use low-cost sensors to provide real-time, local-scale air quality information. EPA and state and local agencies face persistent challenges meeting such air quality information needs, including challenges in understanding the performance of low-cost sensors. GAO illustrated this challenge by collecting air quality data from low-cost sensors and finding variability in their performance. EPA has strategies aimed at better meeting the additional air quality information needs of managers, researchers, and the public, but the strategies are outdated and incomplete. For example, they do not clearly define roles for meeting additional information needs. GAO's prior work on asset management suggests that a more strategic approach could help EPA modernize the system to better meet the additional information needs. By developing a modernization plan that aligns with leading practices for strategic planning and risk management, such as establishing modernization goals and roles, EPA could better ensure that the system meets the additional information needs of air quality managers, researchers, and the public and is positioned to protect public health. The national ambient air quality monitoring system shows that the United States has made progress in reducing air pollution but that risks to public health and the environment continue in certain locations. The system consists of sites that measure air pollution levels around fixed locations across the country using specific methods. Since the system began in the 1970s, air quality concerns have changed—such as increased concern about the health effects of air toxics. GAO was asked to evaluate the national air quality monitoring system. This report examines the role of the system and how it is managed, challenges in managing the system and actions to address them, and needs for additional air quality information and actions to address challenges in meeting those needs. GAO reviewed literature, laws, and agency documents; conducted a demonstration of low-cost sensors; and interviewed EPA officials, selected state and local officials, representatives from air quality associations, and stakeholders. GAO is making two recommendations for EPA to (1) establish an asset management framework for the monitoring system that includes key characteristics and (2) develop an air quality monitoring modernization plan that aligns with leading practices. In written comments on the report, EPA generally agreed with the recommendations. For more information, contact J. Alfredo Gómez at (202) 512-3841 or gomezj@gao.gov.
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    Acting Attorney General Jeffrey A. Rosen attended a briefing today at the FBI’s Strategic Information and Operations Center (SIOC) on the recent attack on the Capitol building and law enforcement preparations for the upcoming presidential inauguration. Following the briefing, he addressed the assembled law enforcement partners and thanked them for their efforts.
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  • Federal Employees’ Compensation Act: Comparisons of Benefits in Retirement and Actions Needed to Help Injured Workers Choose Best Option
    In U.S GAO News
    Factors such as the timing of an injury in a career affect how Federal Employees' Compensation Act (FECA) total disability benefits compare to income security from typical federal retirement. The FECA program compensates federal employees for lost wages from work-related injuries, among other benefits. FECA recipients can receive this compensation for as long as their disability continues. At retirement age, they can remain on FECA or, instead, choose to receive their benefits from the Federal Employees Retirement System (FERS). Thus, FECA benefits represent a significant portion of retirement income for some injured federal employees. Through simulations, GAO found that factors such as the length of retirees' careers absent injury affected how similar their hypothetical FECA benefits packages were to their FERS packages in 2018. FERS benefits increase substantially the longer a federal employee works. As a result, median current and reduced FECA packages were greater than the FERS median for retirees with shorter careers absent injury. However, median FECA packages were similar to or less than FERS for retirees with longer careers (see figure). Median FECA Benefits as a Percentage of FERS Benefits by Career Length Absent an Injury For FECA recipients who choose to compare their FECA and FERS benefit options at retirement, estimates for most components of those benefits packages are available. However, the Department of Labor (DOL) does not routinely remind recipients to compare benefits, so they may be unaware of their options or how to consider them. In addition, DOL and the Social Security Administration (SSA) use a manual and highly complex process to calculate one key component of a FECA recipient's compensation in retirement related to Social Security benefits. As a result, estimates of FECA benefits in retirement that include this component are not readily available prior to retirement. These challenges hinder recipients' ability to accurately compare their options and may result in some recipients not choosing their best option at retirement. The President's budgets for fiscal years 2019-2021 have proposed several FECA reforms, including reducing disability compensation at retirement age. In a series of reports published in 2012, GAO analyzed the effects of similar proposed revisions to FECA compensation. GAO was asked to update its FECA and FERS benefit comparisons. This report examines (1) how FERS and total disability FECA benefits at retirement age compare under current and previously proposed reduced FECA compensation rates, and (2) the extent to which FECA recipients have access to information to compare their FECA and FERS benefits options. GAO compared the FERS benefits selected retirees received in 2018 with the hypothetical total disability FECA benefits they would have received from simulated injuries. GAO reviewed agency documents and interviewed officials from DOL, SSA, and other federal agencies. GAO is recommending that DOL remind FECA recipients as they approach retirement to obtain FERS benefit estimates for comparisons with FECA, and that DOL and SSA take steps to modernize and improve their process for calculating and providing information on certain FECA benefits in retirement that would enable recipients to make complete comparisons of retirement options. DOL and SSA concurred with all three recommendations. For more information, contact Cindy Brown Barnes at (202) 512-7215 or brownbarnesc@gao.gov.
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  • Federal Real Property: Additional Documentation of Decision Making Could Improve Transparency of New Disposal Process
    In U.S GAO News
    In 2016, the Federal Assets Sale and Transfer Act (FASTA) created the independent Public Buildings Reform Board (the Board) to support a new, three-round process for disposing of unneeded federal real property. The first of these rounds required the Board to identify and recommend at least five high-value disposal candidates with a total market value between $500 and $750 million. To identify these properties, the General Services Administration (GSA) collected and evaluated agency recommendations; a GSA-hired contractor analyzed real property data; and the Board held public hearings, visited properties, and met with federal officials. This process resulted in identifying 44 properties. The Board then took various steps to evaluate the 44 properties and recommended 12 final disposal candidates that the Office of Management and Budget (OMB) approved in January 2020. (See figure.) However, the Board did not fully document the process used to evaluate these candidates. For example, the Board's rationales for why individual candidates were or were not recommended were vague or incomplete. Full documentation on the decision-making process would better position stakeholders, including members of Congress, to understand the Board's rationales, especially for decisions with financial implications. Process Used by Stakeholders for Identifying and Recommending High-Value Federal Real Property for Potential Disposal Candidates According to Board and selected federal agency officials, FASTA made it easier for agencies to pursue high-value property disposals due, in part, to exemptions from some requirements, such as having to first offer properties to federal, state, or local agencies. However, FASTA's effect on other long-standing challenges, including funding to prepare properties for disposal, is unclear. For example, FASTA created a dedicated funding source to implement Board recommendations including those related to covering disposal costs, such as relocating agency staff. However, officials expressed concern that access to these funds is not automatic and must go through the annual appropriations process, which rarely coincides with the timing of these projects. The administration proposed legislative language to make proceeds from the sale of assets in fiscal year 2021 available without additional actions by Congress. However, as of January 2021, legislation containing the proposed language had not been enacted. This report discusses elements Congress may wish to evaluate when determining whether to grant such budget-related flexibility. GAO designated federal real property management, including the disposal of properties, as a high-risk area in 2003. FASTA included a provision for GAO to review the recommendations and selection processes such as those used in the first round of identifying and recommending high-value properties as candidates for disposal. This report examines: (1) how stakeholders implemented FASTA to identify and evaluate high-value properties as potential disposal candidates and (2) stakeholder views on the extent to which FASTA helped agencies with the disposal of unneeded high-value properties and addressed long-standing challenges in disposing of federal properties. GAO reviewed FASTA and analyzed documents from the Board, OMB, GSA, and selected 14 federal agencies to examine the processes they used and the challenges they encountered under the FASTA process. Agencies were selected based on their recommendations of high-value properties and inclusion on the Board's final list, among other things. GAO also interviewed officials from the Board, OMB, GSA, and selected federal agencies. GAO is recommending that the Board fully document its process for recommending FASTA disposal candidates, including the rationales behind disposal decisions. The Board noted plans to develop more documentation of its future disposal decisions. For more information, contact David Trimble at (202) 512-2834 or trimbled@gao.gov.
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  • Justice Department Acts To Shut Down Fraudulent Websites Exploiting The Covid-19 Pandemic
    In Crime News
    The United States Department of Justice announced today that it has obtained a Temporary Restraining Order in federal court to combat fraud related to the coronavirus (COVID-19) pandemic. The enforcement action, filed in Tampa, Florida, is part of the Justice Department’s ongoing efforts prioritizing the detection, investigation, and prosecution of illegal conduct related to the pandemic. The action was brought based on an investigation conducted by United States Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), in coordination with the Vietnam Ministry of Public Security.
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  • June 23, 2021, letter commenting on AICPA’s Professional Ethics Executive Committee’s Proposed Interpretations and Definition of the AICPA Code of Professional Conduct, Responding to Non-Compliance with Laws and Regulations
    In U.S GAO News
    This letter provides GAO's comments on the proposed interpretation and definition entitled Responding to Non-Compliance with Laws and Regulations, which the American Institute of Certified Public Accountants (AICPA) prepared. GAO provides standards for performing high-quality audits of government organizations, programs, activities, and functions and of government assistance received by contractors, nonprofit organizations, and other nongovernment organizations with competence, integrity, objectivity, and independence.1 These standards, often referred to as generally accepted government auditing standards (GAGAS), are to be followed by auditors and audit organizations when required by law, regulation, agreement, contract, or policy. For financial audits, GAGAS incorporates by reference the AICPA's Statements on Auditing Standards. For attestation engagements, GAGAS incorporates by reference the AICPA's Statements on Standards for Attestation Engagements.
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    A global supplier of cigarette paper products, PT Bukit Muria Jaya (“BMJ”), has agreed to pay a fine of $1,561,570 and enter into a deferred prosecution agreement with the Justice Department for conspiring to commit bank fraud in connection with the shipment of products to North Korean customers. BMJ, which is incorporated in Indonesia, has also entered into a settlement agreement with the Treasury Department’s Office of Foreign Assets Control (“OFAC”).
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  • Lead Paint in Housing: Key Considerations for Adopting Stricter Lead Evaluation Methods in HUD’s Voucher Program
    In U.S GAO News
    What GAO Found GAO found that the Housing Choice Voucher program had 1.1 million voucher holders living in units built before 1978, the year the U.S. banned lead paint in housing. Of these units, roughly 171,000 were occupied by approximately 229,000 young children (under age 6)––putting these children at an increased risk of lead exposure. The voucher program requires visual assessments for identifying deteriorated paint, with no testing of paint or dust. Any change to stricter evaluation methods would need to consider that certain states have a larger portion of pre-1978 voucher units occupied by families with young children. Estimated costs for adopting stricter lead evaluation methods for the voucher program would vary substantially depending on the method used and what units were included (see figure). Estimated initial costs range from about $60 million for a less expensive method applied only to units with young children to about $880 million for a more expensive method applied to all pre-1978 units. These estimated costs range from 3 percent to 41 percent, respectively, of the fiscal year 2021 budget dedicated to public housing agencies' administrative expenses for the voucher program. Total costs would also depend on the mobility of voucher households and the frequency of any additional lead evaluations. Total Estimated Cost to Change the Lead Evaluation Methods for Housing Choice Voucher Units Would Vary by Evaluation Method Used and Units Included Note: A combination evaluation includes all components of a lead inspection and a risk assessment. Estimated costs may vary by up to plus or minus 14 percentage points at the 95 percent level of confidence. GAO analysis estimated that nearly 6,000 lead professionals can conduct lead evaluations in the U.S. While there is no indication of a national shortage of lead professionals, areas with high numbers of pre-1978 voucher units and low numbers of lead professionals may face implementation challenges. Selected cities offer observations from their implementation of a change in lead evaluation method. For example, education of landlords can help clarify new evaluation requirements and encourage landlords to continue to rent to voucher holders. Further, implementing a new method in phases could target areas with the greatest need and help landlords and the industry adapt to the new requirement and the increased demand for lead evaluations. Why GAO Did This Study Exposure to lead paint, which was used in housing built before 1978, can have serious health effects, especially for young children. The Department of Housing and Urban Development (HUD) has primary responsibility for identifying lead paint hazards in housing receiving HUD assistance, including private rental units in the voucher program. Some members of Congress have raised questions about whether the voucher program should change from visual assessments to a stricter lead evaluation method. The 2017 Consolidated Appropriations Act, Joint Explanatory Statement, includes a provision for GAO to review HUD's efforts to address lead paint hazards. This report identifies considerations for policymakers related to changing to stricter lead evaluation methods for the voucher program, specifically regarding the (1) number and characteristics of voucher housing units and their occupants, (2) costs for lead evaluations based on method used and units included, (3) availability of lead professionals, and (4) observations from selected cities that use lead evaluation methods stricter than visual assessments. GAO analyzed HUD data on the voucher program (as of year-end 2019, the most recent available) and information on lead professionals from the Environmental Protection Agency (EPA) and states. GAO also conducted a nationwide, generalizable survey of lead professionals to estimate the costs of lead evaluation methods. In addition, GAO interviewed staff from HUD, EPA, and public housing agencies, and representatives from two national organizations that represent lead professionals. For more information, contact John H. Pendleton at (202) 512-8678 or pendletonj@gao.gov.
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  • Hypersonic Weapons: DOD Should Clarify Roles and Responsibilities to Ensure Coordination across Development Efforts
    In U.S GAO News
    What GAO Found GAO identified 70 efforts to develop hypersonic weapons and related technologies that are estimated to cost almost $15 billion from fiscal years 2015 through 2024 (see figure). These efforts are widespread across the Department of Defense (DOD) in collaboration with the Department of Energy (DOE) and, in the case of hypersonic technology development, the National Aeronautics and Space Administration (NASA). DOD accounts for nearly all of this amount. Hypersonic Weapon-related and Technology Development Total Reported Funding by Type of Effort from Fiscal Years 2015 through 2024, in Billions of Then-Year Dollars The majority of this funding is for product development and potential fielding of prototype offensive hypersonic weapons. Additionally, it includes substantial investments in developing technologies for next generation hypersonic weapons and a smaller proportion aimed at countering hypersonic threats. Hypersonic weapon systems are technically complex, and DOD has taken several steps to mitigate some of the challenges to developing them. For example, DOD has attempted to address challenges posed by immature technologies and aggressive schedules by pursuing multiple potential technological solutions so that it has options. Other challenges DOD is addressing relate to industrial base and human capital workforce investments needed to support large-scale production and the availability of wind tunnels and open-air flight test ranges needed to test hypersonic weapons. DOE and NASA have agreements with DOD on supporting roles, but DOD itself has not documented the roles, responsibilities, and authorities of the multitude of its organizations, including the military services, that are working on hypersonic weapon development. Such governing documentation would provide for a level of continuity when leadership and organizational priorities inevitably change, especially as hypersonic weapon development efforts are expected to continue over at least the next decade. Without clear leadership roles, responsibilities, and authorities, DOD is at risk of impeding its progress toward delivering hypersonic weapon capabilities and opening up the potential for conflict and wasted resources as decisions over larger investments are made in the future. Why GAO Did This Study Hypersonic missiles, which are an important part of building hypersonic weapon systems, move at least five times the speed of sound, have unpredictable flight paths, and are expected to be capable of evading today's defensive systems. DOD has begun multiple efforts to develop offensive hypersonic weapons as well as technologies to improve its ability to track and defend against them. NASA and DOE are also conducting research into hypersonic technologies. The investments for these efforts are significant. This report identifies: (1) U.S. government efforts to develop hypersonic systems that are underway and their costs, (2) challenges these efforts face and what is being done to address them, and (3) the extent to which the U.S. government is effectively coordinating these efforts. This is a public version of a sensitive report that GAO issued in January 2021. Information that DOD deemed to be sensitive has been omitted. GAO collected and reviewed information from DOD, DOE, and NASA to identify hypersonic weapons development efforts from fiscal years 2015 through 2024. GAO also analyzed agency documentation and interviewed agency officials.
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