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Testimony:

Before the Subcommittee on Infrastructure and Border Security, Select 
Committee on Homeland Security, House of Representatives:

United States General Accounting Office:

GAO:

For Release on Delivery Expected at 3:00 p.m. EDT:

Monday, June 16, 2003:

Homeland Security:

Challenges Facing the Department of Homeland Security in Balancing its 
Border Security and Trade Facilitation Missions:

Statement of Richard M. Stana, Director Homeland Security and Justice 
Issues:

GAO-03-902T:

Mr. Chairman and Members of the Subcommittee:

I am pleased to be here today to discuss the longstanding challenge of 
balancing our nation's security and commercial needs, an issue that is 
especially important in the aftermath of the September 11, 2001, 
terrorist attacks that changed the nation's security environment. 
Addressing this challenge now falls principally to the Department of 
Homeland Security (DHS) and its Border and Transportation Security 
directorate. Within this directorate, the responsibility has been 
assigned primarily to the Bureau of Customs and Border Protection 
(BCBP). BCBP consists of the inspections component of the former U.S. 
Customs Service; the Border Patrol and Inspections components of the 
former Immigration and Naturalization Service (INS); and a former 
component of the U.S. Department of Agriculture, the Animal and Plant 
Health Inspection Service (APHIS).[Footnote 1]

Achieving the balance between security and commercial needs is greatly 
affected by BCBP's commercial and border and immigration control 
workload. Regarding commercial workload, in fiscal year 2002, the 
former U.S. Customs Service processed 24.9 million trade import entries 
valued at over $1.1 trillion and collected $23.8 billion in duties and 
fees; it also processed about 6 million cargo containers arriving at 
U.S. sea ports. While the cargo workload has stabilized somewhat as a 
result of the recent global economic slowdown, it is likely to begin 
growing again when an economic recovery is underway at some point in 
the future, thus exacerbating the challenges BCBP faces. Regarding 
border and immigration control workload, in fiscal year 2002, 
inspectors at over 300 ports of entry inspected nearly 450 million 
travelers while the Border Patrol apprehended nearly 960,000 aliens 
trying to enter the U.S. illegally between the ports of entry.

BCBP faces many challenges as it performs its important missions. In my 
testimony today, I make the following points:

* With respect to cargo, BCBP has attempted to select and inspect the 
highest-risk incoming cargo, while enabling legitimate cargo to be 
cleared in a timely manner. These efforts pose a range of challenges, 
from the availability of threat assessments and actionable intelligence 
to the capability of nonintrusive inspection technology to detect 
potentially harmful contraband. BCBP has made some progress in 
implementing initiatives that are designed to improve the efficiency of 
its regulation of legitimate commercial activities. But, additional 
challenges remain, including the need to improve its trade compliance 
program and to successfully implement its new trade processing 
information system.

* BCBP also faces many challenges with respect to preventing illegal 
entry by individuals into the United States. These challenges impact 
BCBP's ability to detect and deter illegal entry between ports of entry 
and to identify those individuals who should not be permitted entry at 
the ports. BCBP is faced with continuing to implement its southwest 
border strategy while simultaneously addressing emerging concerns over 
illegal entry along the northern border, mitigating the negatives 
affects the strategy may have on communities, and responding to 
continuing concerns over the safety of aliens who cross in remote and 
desolate areas. At our nation's borders, the challenges include 
detecting false admissibility documents, unifying and enhancing 
inspector training, providing timely intelligence to the field, and 
successfully implementing the new entry-exit system.

* In our recent Performance and Accountability series report, we 
designated implementation and transformation of DHS as high risk based 
on three factors. First, the implementation and transformation of DHS 
is an enormous undertaking that will take time to achieve in an 
effective and efficient manner. Second, components to be merged into 
DHS, including those forming BCBP, already face a wide array of 
existing challenges, some of which are described in this statement. 
Finally, failure to effectively carry out its mission would expose the 
nation to potentially very serious consequences.

My testimony today is intended to provide an overview based primarily 
on the results of work that we have completed in recent years, namely, 
our Performance and Accountability Series and High-Risk reports related 
to DHS, Justice and Treasury;[Footnote 2] DHS's international mail and 
package inspection processes;[Footnote 3] DHS's acquisition and 
deployment of radiation detection equipment;[Footnote 4] the Border 
Patrol's southwest border strategy;[Footnote 5] DHS's spending plans 
for its planned system to monitor the flow of foreign nationals in and 
out of the United States;[Footnote 6] and our investigators' efforts to 
enter the country using fraudulent documents.[Footnote 7] My testimony 
also highlights our ongoing work related to cargo inspections and 
individual inspections at land ports of entry.[Footnote 8]

Challenges Related to Cargo Processing:

BCBP has undertaken efforts to focus its enforcement on selecting and 
inspecting the highest-risk incoming cargo, while enabling legitimate 
cargo to be cleared in a timely manner. It has a number of initiatives 
underway aimed at improving its ability to identify potentially risky 
cargo for inspection. BCBP and Customs before it have longstanding 
efforts to use information, personnel, and technology to identify such 
cargo. These efforts pose a range of challenges, from the availability 
of threat assessments and actionable intelligence to the capability of 
nonintrusive inspection technology to detect potentially harmful 
contraband. From a trade facilitation perspective, BCBP has made some 
progress in implementing initiatives that are designed to improve the 
efficiency of its regulation of commercial activities. But additional 
challenges remain, including the need to improve its evolving trade 
compliance program and acquire a new trade processing system.

Major Cargo Security Initiatives:

According to the Commissioner of BCBP, the priority mission is to 
prevent terrorists and terrorist weapons from entering the United 
States. This important mission means improving security at our physical 
borders and ports of entry, as well as extending the zone of security 
beyond our physical borders. BCBP has a number of initiatives underway 
aimed at improving security, including:

* Container Security Initiative, which stations BCBP personnel in key 
international ports to examine high-risk cargo before it is placed on 
ships bound for the United States.

* Customs-Trade Partnership Against Terrorism and the Free and Secure 
Trade Program, which are designed to increase supply chain security and 
expedite the clearance of legitimate trade.

* Non-Intrusive Inspection technology, which increases the ability to 
detect conventional explosives, nuclear weapons, radioactive 
components, and other weapons of mass destruction.

* Automated Targeting System, which is used by the National Targeting 
Center and field targeting units in the United States and overseas to 
help target high-risk cargo and passengers entering the United States.

We have work underway to review most of these initiatives and will make 
our results available to the Subcommittee as soon as the work is 
completed.

Selecting Highest-Risk Cargo for Inspection:

Separating high-risk cargo from low-or no-risk cargo is extremely 
important to BCBP because searching each and every cargo and traveler 
that enters the United States would cripple the flow of legitimate 
trade and travel and would require a huge resource commitment. Over the 
years Customs has recognized that it needed to identify what is high 
risk--and to do so as early in the process as possible--and target its 
limited resources accordingly. To select, or "target," and inspect the 
highest-risk cargoes and travelers, BCBP relies on the use of threat 
assessments and actionable intelligence, the ability of inspectors to 
quickly discover or sense an unlawful cargo, and the use of 
nonintrusive inspection technology to detect potentially harmful 
contraband. Each of these poses challenges to BCBP.

Information is key to identifying high-risk cargo. Such information can 
come from manifests for air and sea shipments, from importers, or from 
intelligence units within or outside DHS. Accurate information can help 
BCBP make reliable risk determinations, particularly when it is used in 
DHS computerized models that help assess cargo risk. Obviously, when 
information or intelligence is incomplete or unreliable, it can 
adversely impact on BCBP's ability to identify potentially risky cargo 
for inspection.

We are currently reviewing how BCBP is targeting cargo for further 
inspection and how such cargo is inspected at ports. In this regard, we 
are reviewing how BCBP developed the model used in targeting, how BCBP 
is handling the targets generated by the model at sea ports, and 
whether and how BCBP intends to evaluate targeting. Since this work is 
ongoing, and involves information that BCBP also considers to be law 
enforcement sensitive, we are precluded from discussing specific 
aspects of this matter in this unclassified statement. However, in the 
broadest terms, our work to date shows that BCBP's targeting efforts 
face a range of challenges relating to threat assessments, actionable 
intelligence, and nonintrusive inspection technology.

Having sufficient numbers of well-trained and motivated staff is also 
key to identifying high-risk cargo. Inspectors and canine officers are 
trained to detect unusual or abnormal behaviors or circumstances that 
suggest a potential threat or unlawful activity. Many have developed a 
"sixth sense" in that they pick up on latent clues and unconnected 
information. Nevertheless, these inspectors are challenged by the tight 
timeframes and pressures they work under to move legitimate cargo 
through the ports.

Our recent work on the inspection of international mail showed that 
relying on inspectors alone can increase the risk that contraband 
enters the country. The inspection of incoming foreign mail remains 
largely a manual process that relies primarily on physical examination. 
We found several challenges relating to this process, but BCBP's 
determination that our results were law enforcement sensitive precludes 
our discussing them here. However, at the time our work was completed, 
one courier was working with the former Customs Service to pilot test 
an advance manifest system--a computerized database that receives cargo 
manifest information. The database is intended to allow Customs to 
analyze incoming package information and make more informed decisions 
about what packages to inspect.

In addition to information and staff, technology provides for a more 
effective and efficient process. Large-scale x-ray and gamma-ray 
imaging systems, portal radiation monitors, and portable and hand-held 
radiation detection devices can reduce the need for costly, intensive 
inspections and save inspection time and resources.

As important as the use of technology is, there are certain limitations 
and challenges that need to be considered. For example, we reviewed 
Customs' acquisition and deployment of radiation detection equipment. 
We found that some of the radiation detection equipment being used--
radiation pagers--have a limited range and are not designed to detect 
weapons-usable nuclear material. Furthermore, experts we contacted did 
not view pagers as search instruments but rather as personal safety 
devices. We plan to report later this summer on BCBP's acquisition and 
deployment of radiation detection equipment.

Assuring the Timely Flow of Legitimate Cargo:

In trying to achieve the commercial-security balance, BCBP is 
challenged to ensure that antiterrorism efforts do not slow the flow of 
legitimate international commerce and travel. According to BCBP, it has 
worked with importers on concerns such as where their goods originated, 
the physical security and integrity of their overseas plants and those 
of their foreign suppliers, the background of their personnel, the 
means by which they transport goods, and those who they have chosen to 
transport their goods into the country. BCBP has reaffirmed to 
importers the importance of knowing their customers and has examined 
the security practices of their freight forwarders and the routes their 
shipments travel.

Although BCBP has made some progress in implementing initiatives that 
are designed to improve the efficiency of its regulation of commercial 
activities, additional challenges remain, particularly in view of the 
new and heightened emphasis on terrorism. These challenges include (1) 
continuing to improve its evolving trade compliance program and (2) 
acquiring a new trade processing system.

Implementing the Customs Modernization Act:

Although tempered recently by the global economic slowdown, growth in 
the volume and value of imports continues to create profound challenges 
for BCBP to facilitate and enforce U.S. trade laws and regulations. The 
volume of trade is expected to surpass $2 trillion in the year 2006. To 
speed the processing of imports and improve compliance with trade laws, 
specifically, the Customs Modernization and Informed Compliance Act of 
1993 (also known as the "Mod Act"),[Footnote 9] BCBP's predecessor, 
Customs, developed an "informed compliance strategy.":

In 1999, we recommended that the Customs Service develop and implement 
an evaluation of the effectiveness of its informed compliance strategy. 
Customs agreed with our recommendation and completed its Trade 
Compliance Strategy Study on May 24, 2001. The study indicated that the 
strategy improves compliance, but the impact on overall compliance 
rates is small. For example, one initiative, the Company Enforced 
Compliance Process (CECP), was to address large importers' 
noncompliance that had a significant negative impact on the overall 
national compliance rates. According to the study, Customs was to 
punish noncomplying companies by imposing "confirmed risk" 
designations, increasing examinations, removing privileges, and 
referring for penalties. However, the confirmed risk status was only 
used six times, and loss of privileges and referral for penalties were 
never used. The study concluded that CECP was not much of an enforced 
compliance process, and it was discontinued.

On the other hand, the study found that the companies' compliance rates 
increased after they participated in the other initiatives such as 
compliance assessment and account management initiatives. While it is 
not possible to attribute the increase in compliance totally to these 
initiatives, the study concluded that these programs had a positive 
impact.

Acquiring a New Trade Processing System:

Customs' ongoing effort to acquire a new trade processing system is key 
to modernizing how Customs tracks, controls, and processes all 
commercial goods imported into and exported out of the United States. 
This large and complex system, known as the Automated Commercial 
Environment (ACE), is expected to cost about $1.7 billion and is to 
replace Customs' antiquated system. Expected benefits from ACE include 
speeding the flow of legitimate commerce into and out of the United 
States, identifying and targeting high-risk commerce requiring greater 
scrutiny, and providing a single interface between the trade community 
and the federal government for trade data. In April 2001, Customs 
awarded a 5-year contract, with options to extend the contract to not 
more than 15 years, to a system integrator responsible for developing 
and deploying ACE.

Successfully managing a project as large and complex as ACE is a 
challenging undertaking. Over the last 4 years, we have reported on ACE 
and recommended steps Customs needed to take to minimize project risks. 
To its credit, Customs has taken action to implement our 
recommendations, as follows:

* We recommended Customs incrementally justify the ACE investment. 
Customs defined and committed to implement process controls for 
justifying and making ACE investment decisions incrementally. After 
implementing the first ACE release, Customs plans to verify that actual 
costs and benefits meet expectations and plans to continue this 
incremental investment approach for the remaining ACE releases.

* We recommended Customs ensure ACE alignment with its enterprise 
architecture. Customs ensured that its enterprise architecture 
contained sufficient detail to build the first ACE release and has 
aligned the release with the enterprise architecture. Customs plans to 
continue to extend its enterprise architecture as necessary to build 
subsequent ACE releases.

* We recommended Customs have sufficient human capital resources. 
Customs developed and plans to implement a human capital management 
strategy for the Customs modernization office, which is responsible for 
managing the ACE acquisition.

* We recommended Customs develop rigorous and analytically verifiable 
cost estimating. Customs began developing and plans to implement a 
cost-estimating program that employs the tenets of effective cost 
estimating as defined by the Software Engineering Institute (SEI).

* We recommended Customs employ effective software acquisition 
processes. Customs continues to make progress and has plans to 
establish effective software acquisition process controls, as embodied 
primarily in the second level of SEI's Software Acquisition Capability 
Maturity Model.[Footnote 10]

Customs has made progress in implementing some, but not all, of our 
recommendations. Moreover, because Customs is in the early stages of 
acquiring ACE, many challenging tasks remain before Customs will have 
implemented full ACE capability.

Challenges Related to Immigration Control:

To prevent illegal entry of individuals into the United States between 
the ports of entry, BCBP has deployed significant resources but 
estimates significantly more are needed. Continued implementation of 
the southwest border strategy faces a range of challenges, including 
meeting hiring goals and obtaining needed approvals to deploy fencing 
and technology to implement its strategy while simultaneously 
addressing emerging concerns over illegal entry along the northern 
border, mitigating the negatives affects the strategy may have on 
communities that experience an increase in illegal alien traffic, and 
responding to continuing concerns over the safety of aliens who cross 
in remote and desolate areas. At our nation's ports, BCBP faces an 
array of challenges, including improving inspectors' ability to verify 
the identity of travelers and whether they can be admitted into the 
country, unifying and enhancing inspector training, and complying with 
the congressional mandate to implement a system to track the entry and 
exit of all aliens.

Deterring Illegal Entry between the Ports of Entry:

Deterring illegal entry between the nation's ports of entry will 
continue to be a challenge for BCBP. In previous work, we reported that 
the Border Patrol had estimated that significantly more resources would 
be needed to fully implement its border control strategy and that 
various factors had impeded the Border Patrol's ability to implement 
its strategy as originally planned.

Since 1994, the Border Patrol has been implementing a phased strategy 
to increase deterrence to illegal entry beginning, first, with the 
areas that had the largest influx of illegal aliens. The strategy 
postulated that as resources were applied in one area, the flow of 
illegal alien traffic would shift to other locations along the 
southwest border where resources had yet to be applied.

In our last report on the southwest border strategy in August 2001, we 
reported that the Border Patrol estimated it would need between 11,700 
and 14,000 agents, additional support personnel, and hundreds of 
millions of dollars in additional technology and infrastructure to 
fully implement the Southwest border strategy.[Footnote 11] We reported 
that it would take at least 5 more years (until 2006) to reach the 
minimum number of agents the Border Patrol believed it needed along the 
Southwest border if (1) the administration's agent hiring goals at that 
time were maintained and met and (2) all new agents were deployed to 
the southwest border. However, this estimate was made before the 
September 11, 2001, attacks and the subsequent concerns regarding the 
need for additional resources to deter illegal entry along the northern 
border.

BCBP continues to face hiring challenges to meet its estimated needs. 
The Border Patrol currently has about 9,500 agents deployed along the 
southwest border. While nearly a 3-fold increase from the 3,400 agents 
the Border Patrol had along the southwest border in 1994, it is still 
about 2,200 agents short of the minimum number, 11,700, the Border 
Patrol said it needed to fully implement the southwest border strategy. 
Currently, the Border Patrol has 567 agents deployed along the northern 
border.

We also reported on various factors that had impeded the Border 
Patrol's ability to implement its strategy, some of which still appear 
to be problematic. For example, it had taken the Border Patrol longer 
to implement the strategy than originally planned because, among other 
things, the Border Patrol experienced difficulties hiring agents and 
delays in obtaining approvals needed to deploy technology and build 
fences.

The Border Patrol also recognized the need to make outreach efforts to 
communities because its initial failure to warn some communities about 
anticipated increases in illegal alien traffic caught community 
officials by surprise and angered some residents due to the negative 
effects the increased traffic had on the community. When apprehensions 
surged in communities into which the illegal alien traffic was 
reportedly pushed, officials and residents in one community reported 
experiencing loss of business, destruction of private property, and 
environmental degradation. Concerns have been raised over the 
environmental impact of current plans to build additional fencing along 
the border in Arizona. A recent news article described how some local 
residents in the border area southwest of Tucson, Arizona, are 
patrolling the border to report illegal crossings raising the concern 
of law enforcement officials. The Border Patrol has realized its goal 
of shifting illegal alien traffic away from urban areas into more 
remote areas. However, rather than being deterred from attempting 
illegal entry, many aliens have instead risked injury and death by 
trying to cross mountains, deserts, and rivers. This prompted the 
Border Patrol to implement a Border Safety Initiative consisting of, 
among other things, a media campaign to warn aliens about the dangers 
of crossing illegally, as well as establishing search-and-rescue units.

We further reported in August 2001 that although alien apprehensions 
had shifted along the border as expected, overall apprehensions along 
the southwest border had continued to increase to over 1.6 million in 
fiscal year 2000--raising questions about the strategy's effect on 
overall illegal entry along the southwest border. However, since then 
apprehensions along the southwest border have declined to less than 1 
million in fiscal year 2002.

While there may be many reasons for the decline in apprehensions, in 
response to our recommendation, the Border Patrol has developed a plan 
designed to evaluate the impacts of its southwest border strategy. 
However, the evaluation has yet to be completed.

Preventing Illegal Entry at Ports of Entry:

Our recent work at ports of entry and our ongoing work specifically at 
land border ports, indicate that BCBP inspectors continue to face 
challenges that those from their predecessor agencies also faced in 
balancing the need to identify violators of immigration and other laws 
while facilitating the movement of lawful travelers. Today, I will 
touch on several issues relating to the inspection of entry documents, 
inspector training, intelligence information needs of the field, and 
BCBP plans for implementing the U.S. Visitor and Immigrant Status 
Indication Technology system, known as the U.S. VISIT system.

Determining Traveler Admissibility:

At land border ports of entry, inspectors must quickly make decisions 
about whether to admit a traveler into the United States or refer 
travelers for more intensive inspection if admissibility cannot be 
readily determined. Two of the factors that challenge inspectors' 
ability to verify the travelers' identity and admissibility are that 
(1) some travelers may enter the United States without having to 
present a travel document and (2) travelers can present a variety of 
documents to gain entry into the United States, some of which can be 
easily counterfeited.

First, some travelers do not need to present proof of citizenship at 
the border. U.S. and certain Canadian citizens are exempt from having 
to present any document upon entry. Instead, they can make an oral 
claim of citizenship, if this satisfies the inspector. According to 
immigration data, inspectors at land border ports intercepted nearly 
15,000 people in 2002 who falsely claimed to be U.S. citizens in order 
to gain illegal entry, suggesting an unknown number of travelers 
successfully entered the United States this way.

Second, a variety of documents are accepted at ports, and many can be 
counterfeited or used fraudulently with apparent ease. With nearly 200 
countries issuing unique passports, official stamps, seals, and visas, 
the potential for document fraud is great. A wide variety of documents 
can be presented for inspection--including more than 8,000 state and 
local offices issue birth certificates, driver's licenses, and other 
documents, any of which could potentially be counterfeit. According to 
immigration data, inspectors at land ports intercepted nearly 60,000 
fraudulent documents in fiscal year 2002, including over 10,000 U.S. 
citizenship-related documents. Clearly, others have successfully 
gained access to this country using counterfeit documents. Earlier this 
year, we testified on how our investigators entered the country from 
Canada, Mexico, and Jamaica through land, air, and sea ports of entry 
using fictitious names, and counterfeit driver's licenses and birth 
certificates made using readily available software.[Footnote 12] INS 
and Customs Service inspectors never questioned the authenticity of the 
counterfeit documents, and our investigators encountered no difficulty 
in entering the country using them.

Unifying and Enhancing Inspector Training:

BCBP will also face an array of challenges in ensuring that its border 
inspectors are adequately trained, including ensuring appropriate 
training is provided in the detection of fraudulent documents. For 
example, former INS and Customs inspectors are still being trained at 
separate basic training academies using two different curricula. If 
border inspectors are to wear "one face" at the border, a unified 
curriculum and training approach will need to be developed and 
implemented. These training challenges will continue beyond the 
academy--BCBP will also need to ensure that a field training program is 
established that meets the needs of the newest as well as experienced 
inspectors at the ports. For example, neither the former INS nor 
Customs agencies had a standard on-the-job training program for their 
inspectors working at land border ports. The prior work I mentioned in 
which our investigators used counterfeit documents to enter the United 
States, as well as our ongoing work at 15 land border ports, suggest 
that one training challenge for BCBP will be to ensure that both new 
and experienced border inspectors are capable of readily detecting 
fraudulent documents.

Meeting Field Intelligence Needs:

Our ongoing work at land border ports suggests that the Bureau will 
also face challenges regarding the collection, analysis, and use of 
intelligence information in the field. The former INS recognized the 
need for more intelligence support in the field. In 1997, an INS-
contracted study reported the lack of an intelligence capability at all 
INS locations, including districts and ports.[Footnote 13] More recent 
studies suggest needs in this area persist. Although some steps have 
been taken to bring the intelligence function to the field level, 
additional steps remain if the intelligence needs of the field are to 
be met. These challenges include, but are not limited, to decisions 
related to staffing and training, as well as merging intelligence 
positions from the former Customs and INS.

Implementing the New U.S. VISIT System:

One of the most significant challenges facing DHS at ports of entry is 
the implementation of the U.S. VISIT system. This significant 
undertaking is intended to capture both entry and exit data on 
travelers. It will also have many implications for operations at U.S. 
ports of entry, including expenditures, staffing, inspection 
procedures, and infrastructure. We reviewed INS's fiscal year 2002 
expenditure plan and associated system acquisition documentation and 
system plans. We reported that INS's preliminary plans showed that it 
intended to acquire and deploy a system that will satisfy the general 
scope of capabilities required under various laws. However, we found 
that the initial plan did not provide sufficient information about INS 
commitments for the system, such as what specific system capabilities 
and benefits will be delivered, by when, and at what cost. We concluded 
that this lack of detail is a material limitation in the first plan 
that will become even more problematic in the future as the magnitude 
and complexity of the system acquisition increases, as will the 
importance of creating plans with the appropriate level and scope of 
information.[Footnote 14] Responsibility for implementing U.S. VISIT 
now resides in the Border and Transportation Security directorate. We 
are currently reviewing the fiscal year 2003 expenditure plan and will 
ascertain whether these problems were addressed.

Challenges Related to Implementing and Transforming DHS:

We designated implementation and transformation of the new Department 
of Homeland Security as high risk based on three factors. First, the 
implementation and transformation of DHS is an enormous undertaking 
that will take time to achieve in an effective and efficient manner. 
Second, components to be merged into DHS--including those that now form 
BCBP--already face a wide array of existing challenges, some of which 
we have described in this statement. Finally, failure to effectively 
carry out its mission would expose the nation to potentially very 
serious consequences.

In the aftermath of September 11, invigorating the nation's homeland 
security missions has become one of the federal government's most 
significant challenges. DHS, with an anticipated budget of almost $40 
billion and an estimated 170,000 employees, will be the third largest 
government agency; not since the creation of the Department of Defense 
(DOD) more than 50 years ago has the government sought an integration 
and transformation of this magnitude. In DOD's case, the effective 
transformation took many years to achieve, and even today, the 
department continues to face enduring management challenges and high-
risk areas that are, in part, legacies of its unfinished integration.

Effectively implementing and transforming DHS may be an even more 
daunting challenge. DOD was formed almost entirely from agencies whose 
principal mission was national defense. DHS will combine 22 agencies 
specializing in various disciplines: law enforcement, border security, 
biological research, disaster mitigation, and computer security, for 
instance. Further, DHS will oversee a number of non-homeland-security 
activities, such as the Coast Guard's marine safety responsibilities 
and the Federal Emergency Management Agency's (FEMA) natural disaster 
response functions. Yet, only through the effective integration and 
collaboration of these entities will the nation achieve the synergy 
that can help provide better security against terrorism. The magnitude 
of the responsibilities, combined with the challenge and complexity of 
the transformation, underscores the perseverance and dedication that 
will be required of all DHS's leaders, employees, and stakeholders to 
achieve success.

Further, it is well recognized that mergers of this magnitude in the 
public and private sector carry significant risks, including lost 
productivity and inefficiencies. Generally, successful transformations 
of large organizations, even those undertaking less strenuous 
reorganizations and with less pressure for immediate results, can take 
from 5 to 7 years to achieve. Necessary management capacity and 
oversight mechanisms must be established. Moreover, critical aspects of 
DHS's success will depend on well-functioning relationships with third 
parties that will take time to establish and maintain, including those 
with state and local governments, the private sector, and other federal 
agencies with homeland security responsibilities, such as the 
Department of State, the Federal Bureau of Investigation, the Central 
Intelligence Agency, DOD, and the Department of Health and Human 
Services. Creating and maintaining a structure that can leverage 
partners and stakeholders will be necessary to effectively implement 
the national homeland security strategy.

The new department is also being formed from components with a wide 
array of existing major management challenges and program risks. For 
instance, one DHS directorate's responsibility includes the protection 
of critical information systems that we already consider a high risk. 
In fact, many of the major components merging into the new department, 
including the Transportation Security Administration (TSA), FEMA and 
the U.S. Coast Guard, face at least one major problem, such as 
strategic human capital risks, critical information technology 
challenges, or financial management vulnerabilities; they also confront 
an array of challenges and risks to program operations. For example, 
TSA has had considerable challenges in meeting deadlines for screening 
baggage, and the agency has focused most of its initial security 
efforts on aviation security, with less attention to other modes of 
transportation. The Coast Guard faces the challenges inherent in a 
massive fleet modernization.

DHS's national security mission is of such importance that the failure 
to address its management challenges and programs risks could have 
serious consequences on our intergovernmental system, our citizens' 
health and safety, and our economy. Overall, our designation of the 
implementation and transformation of DHS as a high-risk area stems from 
the importance of its mission and the nation's reliance on the 
department's effectiveness in meeting its challenges for protecting the 
country against terrorism.

Mr. Chairman, this concludes my prepared statement. I would be pleased 
to answer any questions that you or other Members of the Subcommittee 
may have.

[End of section]

Appendix I: Contacts and Acknowledgments:

For further information regarding this testimony, please contact 
Richard M. Stana at (202) 512-8777. Individuals making key 
contributions to this testimony included Seto J. Bagdoyan, Michael P. 
Dino, Darryl W. Dutton, Barbara Guffy, E. Anne Laffoon, and Lori Weiss.

FOOTNOTES

[1] Following the creation of DHS and its absorption of Customs, the 
Secretary of the Treasury retained authority over Customs' revenue 
functions. 

[2] U.S. General Accounting Office, Major Management Challenges and 
Program Risks: A Governmentwide Perspective, GAO-03-95 (Washington, 
D.C.: Jan. 2003); Major Management Challenges and Program Risks 
Department of Homeland Security, GAO-03-102 (Washington, D.C., Jan. 
2003); Major Management Challenges and Program Risks: Department of the 
Treasury, GAO-03-109 (Washington, D.C.: Jan. 2003); and High-Risk 
Series: An Update, GAO-03-119 (Washington, D.C.: Jan. 2003).

[3] U.S. General Accounting Office, U.S. Customs Service: International 
Mail and Package Inspection Processes at Selected Locations, GAO-02-967 
(Washington, D.C.: Aug. 2002).

[4] U.S. General Accounting Office, Customs Service: Acquisition and 
Deployment of Radiation Detection Equipment, GAO-03-235T (Washington, 
D.C.: Oct. 2002).

[5] U.S. General Accounting Office, INS' Southwest Border Strategy: 
Resource and Impact Issues Remain After Seven Years, GAO-01-842 
(Washington, D.C.: Aug. 2001).

[6] U.S. General Accounting Office, Information Technology: Homeland 
Security Needs to Improve Entry Exit System Expenditure Planning, 
GAO-03-563 (Washington, D.C.: June 2003). 

[7] U.S. General Accounting Office, Weaknesses in Screening Entrants 
into the United States, GAO-03-438T (Washington, D.C.: Jan. 30, 2003) 
and Counterfeit Documents Used to Enter the United States from Certain 
Western Hemisphere Countries Not Detected, GAO-03-713T (Washington, 
D.C.: May 13, 2003). 

[8] The cargo inspection work was requested by the House Committee on 
Energy and Commerce. The individual inspections at land ports of entry 
work is being done pursuant to a mandate in the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996. Since this work is 
ongoing and involves information that BCBP considers to be law 
enforcement sensitive, we are precluded from further discussing it in 
this unclassified statement.

[9] P.L. 103-183, title VI. The Mod Act fundamentally altered the 
relationship between importers and, at the time, Customs by giving the 
importer the legal responsibility for declaring the value, 
classification, and rate of duty applicable to merchandise being 
imported into the United States. Customs, however, is responsible for 
determining the final classification and value of the merchandise. The 
Mod Act also gave Customs and importers a shared responsibility for 
ensuring compliance with trade laws.

[10] Capability Maturity ModelSM is a service mark of Carnegie Mellon 
University, and CMM is registered in the U.S. Patent and Trademark 
Office. The SA-CMM identifies key process areas that are necessary to 
effectively manage software-intensive system acquisitions. Achieving 
the second level of the SA-CMM's five-level scale means that an 
organization has the software acquisition rigor and discipline to 
repeat project successes.

[11] See U.S. General Accounting Office, INS' Southwest Border 
Strategy: Resource and Impact Issues Remain After Seven Years, 
GAO-01-842 (Washington, D.C.: Aug. 2001).

[12] U.S. General Accounting Office, Weaknesses in Screening Entrants 
into the United States, GAO-03-438T (Washington D.C.: Jan. 30, 2003) 
and Counterfeit Documents Used to Enter the United States from Certain 
Western Hemisphere Countries Not Detected, GAO-03-713T (Washington 
D.C.: May 13, 2003). 

[13] INS Intelligence Program Strategic Plan, September 30, 1997 
(submitted by LB&M Associates, Inc.). 

[14] U.S. General Accounting Office, Information Technology: Homeland 
Security Needs to Improve Entry Exit system Expenditure Planning, 
GAO-03-563 (Washington D.C.: Jun. 2003).