Southwest Border Security: Actions Are Needed to Address the Cost and Readiness Implications of Continued DOD Support to U.S. Customs and Border Protection

What GAO Found

Since April 2018, the Department of Homeland Security (DHS) has submitted 33 requests for assistance (RFA) to the Department of Defense (DOD) for support to U.S. Customs and Border Protection’s (CBP) mission at the southwest border. DOD established six criteria for evaluating RFAs, which it documents in decision packages. When reviewing four selected decision packages, GAO found that DOD fully evaluated four of these six criteria. GAO found that DOD developed rough cost estimates that were not reliable. In addition, DOD did not fully evaluate the effect on military readiness of providing support at the time the Secretary of Defense considered DHS’s requests. Without reliable cost estimates and a timely readiness analysis, DOD is limited in its ability to evaluate the effect of supporting DHS on its budget and readiness rebuilding efforts.

DOD’s Detection and Monitoring Support Mission

DOD has not provided Congress with timely information on the full costs it has incurred since 2018 in supporting DHS. Specifically, during this review, DOD did not submit its statutory report to Congress for fiscal year 2019, which was due March 31, 2020. Additionally, GAO found that DOD’s internal tracking of obligations excludes potentially significant costs of border support activities, such as installation support costs and the cost of benefits retroactively provided to members of the National Guard. By providing more timely and complete information to Congress, DOD would enhance Congress’s ability to conduct oversight and make funding decisions for DOD and DHS.

DOD and DHS employed several key interagency collaboration practices for DOD’s support on the southwest border, but they have not agreed on a common outcome for DOD’s support in fiscal year 2021 and beyond. DHS anticipates needing at least the current amount of DOD support for the next 3 to 5 years, possibly more, and officials stated that the desired outcome is for DOD to provide the capabilities requested in the RFAs. This differs from DOD’s desired outcome, which is to provide temporary assistance until DHS can independently execute its border security mission. Defining and articulating a common outcome for DOD’s support could enable DOD to more effectively plan for the resources it will need to support DHS and enable DHS to plan to manage its border security mission more effectively with its own assets.

This is a public version of a sensitive report that GAO issued in February 2021. Information on force protection that DOD deemed sensitive has been omitted.

Why GAO Did This Study

For decades, the U.S. southwest border has been vulnerable to cross-border illegal activity such as illegal entries, smuggling of drugs and contraband, and terrorist activities. Since 2002, DOD has supported DHS’s mission to secure the nation’s borders and episodically supported its efforts to manage surges in foreign nationals without valid travel documents who are seeking entry—most recently since April 2018, when the President directed the Secretary of Defense to support DHS in securing the southwest border.

GAO was asked to examine this support. This report assesses the extent to which (1) DOD has evaluated DHS’s RFAs, (2) DOD has reported to Congress the full costs of its support, and (3) DOD and DHS have collaborated on border security operations. GAO reviewed RFAs that DHS submitted to DOD between April 2018 and March 2020 and a non-generalizable sample of decision packages that DOD prepared in response, and conducted four site visits to border locations where military personnel were stationed.

What GAO Recommends

GAO makes seven recommendations, five to DOD to improve its analysis and reporting of cost and unit-level readiness impacts of supporting southwest border operations and one each to DOD and DHS to define a common outcome for DOD’s future support. DOD agreed with one recommendation and disagreed with five. GAO continues to believe the recommendations are warranted as discussed in the report. DHS agreed with the recommendation to it.

For more information, contact Elizabeth A. Field at (202) 512-2775 or fielde1@gao.gov.

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    Since 2015, Congress has not changed parts of the U.S. Bankruptcy Code (Code) related to financial companies or the Orderly Liquidation Authority (OLA). However, the Federal Deposit Insurance Corporation (FDIC) and the Board of Governors of the Federal Reserve System (Federal Reserve) have updated the resolution planning process to better match resolution planning requirements to the risks of companies. OLA is a regulatory alternative to bankruptcy for resolving failed, systemically important financial institutions, and resolution plans describe how a financial company may be resolved in an orderly manner if it fails. In November 2019, FDIC and the Federal Reserve finalized amendments to the Resolution Plans Required rule, establishing different filing cycles and content requirements for resolution plans based on the asset size and risk profile of companies. Regulators also finalized other rules related to OLA and resolution planning and proposed several additional rules. The 2007–2009 financial crisis and the failures of large, complex financial companies led some financial and legal experts to question the adequacy of the U.S. Bankruptcy Code for effectively reorganizing or liquidating these companies. These experts, government officials, and members of Congress responded by proposing changes to the Code and the supervisory process leading to a bankruptcy filing. The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) established OLA as a regulatory alternative to bankruptcy. Under OLA, the Secretary of the Treasury may appoint FDIC as a receiver to resolve systemically important financial institutions. In addition to OLA, the Dodd-Frank Act requires financial companies to file periodic resolution plans with the Financial Stability Oversight Council, Federal Reserve and FDIC describing how they could be resolved in an orderly manner in the event of material financial distress or failure. The Dodd-Frank Act also includes a provision for GAO to study, at specified intervals, the effectiveness of the Code in facilitating the orderly liquidation or reorganization of financial companies and ways to make the orderly liquidation process under the Code more effective. This report examines (1) proposed or enacted changes to the Code related to financial companies and OLA since 2015, and (2) regulatory actions related to resolution planning and OLA. GAO reviewed proposed legislation, regulations, prior GAO reports, and agency reports and presentations on financial company bankruptcies, OLA, and resolution planning. GAO also reviewed comment letters to the 2019 proposed Resolution Plans Required rulemaking. GAO interviewed officials from the Administrative Office of the United States Courts, FDIC, and the Federal Reserve. GAO also interviewed six industry stakeholders, including academics, a consumer group, industry associations, and former regulatory officials, about the 2019 Resolution Plans Required Rule. For more information, contact Michael Clements at (202) 512-8678 or ClementsM@gao.gov.
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  • Private Health Insurance: Markets Remained Concentrated through 2018, with Increases in the Individual and Small Group Markets
    In U.S GAO News
    Enrollment in private health insurance plans in the individual (coverage sold directly to individuals), small group (coverage offered by small employers), and large group (coverage offered by large employers) markets has historically been highly concentrated among a small number of issuers. GAO found that this pattern continued in 2017 and 2018. For example: For each market in 2018, at least 43 states (including the District of Columbia) were highly concentrated. Overall individual and small group markets have become more concentrated in recent years. The national median market share of the top three issuers increased by approximately 8 and 5 percentage points, respectively, from 2015 through 2018. With these increases, the median concentration was at least 94 percent in both markets in 2018. Number of States and District of Columbia Where the Three Largest Issuers Had at Least 80 Percent of Enrollment, by Market, 2011-2018 GAO found similar patterns of high concentration across the 39 states in 2018 that used federal infrastructure to operate individual market exchanges— marketplaces where consumers can compare and select among insurance plans sold by participating issuers—established in 2014 by the Patient Protection and Affordable Care Act (PPACA) and known as federally facilitated exchanges. From 2015 through 2018, states that were already highly concentrated became even more concentrated, often because the number of issuers decreased or the existing issuers accrued the entirety of the market share within a state. In 2017 and 2018 all 39 states were highly concentrated. GAO received technical comments on a draft of this report from the Department of Health and Human Services and incorporated them as appropriate. GAO previously reported that, from 2011 through 2016, enrollment in the individual, small group, and large group health insurance markets was concentrated among a few issuers in most states (GAO-19-306). GAO considered states' markets or exchanges to be highly concentrated if three or fewer issuers held at least 80 percent of the market share. GAO also found similar concentration on the health insurance exchanges established in 2014 by PPACA. A highly concentrated health insurance market may indicate less issuer competition and could affect consumers' choice of issuers and the premiums they pay for coverage. PPACA included a provision for GAO to periodically study market concentration. This report describes changes in the concentration of enrollment among issuers in the overall individual, small group, and large group markets; and individual market federally facilitated exchanges. GAO determined market share in the overall markets using enrollment data from 2017 and 2018 that issuers are required to report annually to the Centers for Medicare & Medicaid Services (CMS). GAO determined market share in the individual market federally facilitated exchanges in 2018 using enrollment data from CMS. For all analyses, GAO used the latest data available. For more information, contact John Dicken at (202) 512-7114 or dickenj@gao.gov.
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  • Veterans with Disabilities: VA Could Better Inform Veterans with Disabilities about Their Education Benefit Options
    In U.S GAO News
    What GAO Found Most school and veteran service organization (VSO) officials GAO interviewed stated that when given the choice between the Post 9/11 GI Bill (GI Bill) and the Veteran Readiness and Employment (VR&E) program, veterans with disabilities will base their choice on which program best suits their unique goals, preferences, and circumstances. For example, certain veterans may prefer the GI Bill's flexibility to independently select courses of study, whereas others may prefer to have the assistance of a counselor to select a course of study as part of an employment plan, as provided under VR&E. However, most officials GAO interviewed said veterans with disabilities often use the GI Bill for education benefits without knowing that the VR&E program exists, or that it can pay for education, provide assistive equipment for their disability, or offer unique benefits of working with a counselor. Selected Comments Regarding the Post-9/11 GI Bill and Veteran Readiness & Employment Programs “Had I known about VR&E I would have [used it.]” -Veteran with disabilities “I often think of VR&E as sort of a hidden program when it comes to education benefits.” -VSO official ”Veterans with disabilities are often not aware of the differences between the two programs.” -School official Source: GAO survey of veterans and GAO interviews with school and VSO officials | GAO-21-450 VA provides information about education benefits to veterans with disabilities through various methods, including in-person communication, online materials, and written communications. However, on the agency website, VA.gov, few webpages devoted to VR&E explicitly mention that it can help pay for a college degree. In addition, the letters that VA sends to veterans when they receive their disability rating do not specifically mention that VR&E can cover education costs for a college degree. VA's online GI Bill Comparison Tool allows veterans to learn more about the tuition amounts each program will cover for certain schools, but it does not inform veterans on the key differences in program features across the programs. Most school and VSO officials GAO interviewed said VA's efforts do not adequately inform veterans with disabilities about their potential education benefit options, as evidenced by the number of veterans with disabilities they encounter who are unaware that VR&E exists or who do not fully understand the benefits VR&E can provide. Including more information about how VR&E can help veterans pay for higher education, and facilitating direct comparison between the features of the GI Bill and VR&E, would help better position veterans with disabilities to choose the program that best meets their needs. Why GAO Did This Study VA offers education benefits to veterans with disabilities through the GI Bill, VA's largest education program, and VR&E, which helps veterans with service-connected disabilities re-enter the workforce. Each offers distinct features that may better serve veterans depending on their individual circumstances. However, veterans with disabilities may not know that VR&E can help pay for education as part of its employment services. GAO was asked to what extent eligible veterans are aware of the comparative features of the programs. This report examines (1) the reported factors that influence whether veterans with disabilities select the Post-9/11 GI Bill or VR&E, and (2) how VA informs veterans with disabilities about the education benefits available to them from each program, and the effectiveness of those efforts. For both programs, GAO reviewed relevant federal laws; analyzed participant data; conducted semi-structured interviews with officials from schools and VSOs selected for their depth of knowledge about veteran affairs, and reviewed relevant VA informational materials.
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    In U.S Courts
    Along with the rest of America, the Judiciary confronted significant challenges in 2020, led by the need to meet its constitutional obligations amid a deadly global pandemic. Federal courts learned to keep operations going, despite restricted access to courth­ouses, with a quickly evolving reliance on technology and the resilience of a 30,000-strong workforce, according to the Annual Report of the Director Administrative Office of the U.S. Courts (AO).
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    In Crime News
    The U.S. Department of Justice’s Antitrust Division is pleased to be a part of the Multilateral Pharmaceutical Merger Task Force (Task Force), along with its counterpart competition enforcement agencies — the Federal Trade Commission (FTC), the Canadian Competition Bureau, the European Commission Directorate General for Competition, the United Kingdom’s Competition and Markets Authority, and Offices of State Attorneys General.
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    A Huger, South Carolina couple pleaded guilty today in South Carolina before the U.S. District Judge Brucie H. Hendricks in the District of South Carolina to charges stemming from their conspiracy to obtain a U.S. passport by falsely claiming they were the biological parents of a baby born in the Philippines and by using false birth records to apply for a U.S. passport for the baby.
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  • Justice Department Settles with Maine School District to Protect Educational Rights of Students with Disabilities and English Learners
    In Crime News
    Today the Justice Department announced a settlement agreement with the Lewiston Public Schools to end the district’s systemic and discriminatory practice of excluding students from full-day school because of behavior related to their disabilities. The settlement also will require the district to provide equal educational opportunities to its English learner students.  The department conducted its investigation under Title II of the Americans with Disabilities Act (ADA) and the Equal Educational Opportunities Act of 1974 (EEOA) after receiving a complaint from Disability Rights Maine.
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    In Crime News
    The Justice Department’s Civil Rights Division today filed a civil lawsuit in Vermont federal court against the University of Vermont Medical Center (UVMMC) for violating the federal anti-discrimination statute known as the “Church Amendments.” That statute prohibits health care entities like UVMMC from discriminating against health care workers who follow their conscience and refuse to perform or assist with abortions.
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  • Software Development: DOD Faces Risks and Challenges in Implementing Modern Approaches and Addressing Cybersecurity Practices
    In U.S GAO News
    What GAO Found According to the Department of Defense's (DOD) fiscal year (FY) 2021 budget request, DOD spent $2.8 billion on the 29 selected major business information technology (IT) programs in FY 2019. The department also reported that it planned to invest over $9.7 billion on these programs between FY 2020 and FY 2022. In addition, 20 of the 29 programs reported experiencing cost or schedule changes since January 2019. Program officials attributed cost and schedule changes to a variety of reasons, including modernization changes and requirements changes or delays. Seventeen of the 29 programs also reported experiencing challenges associated with the early impacts of the COVID-19 pandemic, including the slowdown of contractors' software development efforts. DOD and GAO's assessments of program risk identified a range of program risk levels and indicated that some programs could be underreporting risks. Specifically, of the 22 programs that were actively using a register to manage program risks, DOD rated nine programs as low risk, 12 as medium risk, and one as high risk. In contrast, GAO rated seven as low risk, 12 as medium risk, and three as high risk. In total, GAO found 10 programs for which its numerical assessments of program risk reflected greater risk than reported by DOD, while DOD had three programs with greater reported risk than GAO. DOD officials noted that differences in risk levels might be associated with a variety of factors, including different risk assessment approaches. However, the differences in risk level GAO identified highlight the need for DOD to ensure that it is accurately reporting program risks. Until the department does so, oversight of some programs could be limited by overly optimistic risk perspectives. As of December 2020, program officials for the 22 major DOD business IT programs that were actively developing software reported using approaches that may help to limit cost and schedule risks. (See table.) Selected Software Development and Cybersecurity Approaches That May Limit Risks and Number of Major DOD Business IT Programs That Reported Using the Approach Software development and cybersecurity approaches that may limit risk Number of programs that reported using the approach Using off-the-shelf software 19 of 22 Implementing continuous iterative software development 18 of 22 Delivering software at least every 6 monthsa 16 of 22 Developing or planning to develop a cybersecurity strategy 21 of 22 Conducting developmental cybersecurity testing 16 of 22 Conducting operational cybersecurity testing 15 of 22 Source: GAO analysis of Department of Defense questionnaire responses. | GAO-21-351aThe Defense Innovation Board encourages more frequent delivery of working software to users for Agile and DevOps practices. Program officials also reported facing a variety of software development challenges while implementing these approaches. These included difficulties finding and hiring staff, transitioning from waterfall to Agile software development, and managing technical environments. DOD's continued efforts to address these challenges will be critical to the department's implementation of modern software development approaches. DOD has also made organizational and policy changes intended to improve the management of its IT acquisitions, such as taking steps to implement Agile software development and improve data transparency. In addition, to address statutory requirements, DOD has taken steps to remove the department's chief management officer (CMO) position. However, the department had not yet sufficiently implemented these changes. Officials from many of the 18 programs GAO assessed that reported using Agile development reported that DOD had implemented activities associated with Agile transition best practices to only some or little to no extent, indicating that the department had not sufficiently implemented best practices. For example, 12 of the 18 programs reported that DOD's life-cycle activities only supported Agile methods to some or little to no extent. Program officials also reported challenges associated with implementing Agile software development. The department has a variety of efforts underway to help with its implementation of Agile software development. DOD officials stated that the department's transition to Agile will take years and will require sustained engagement throughout DOD. In addition, DOD has taken steps aimed at improving the sharing and transparency of data it uses to monitor its acquisitions. According to a November 2020 proposal from the Office of the Under Secretary for Acquisition and Sustainment, DOD officials are to develop data strategies and metrics to assess performance for the department's acquisition pathways. However, as of February 2021, DOD did not have data strategies and had not finalized metrics for the two pathways associated with the programs discussed in this report. Officials said they were working with DOD programs and components to finalize initial pathway metrics. They stated that they plan to implement them in fiscal year 2021 and continue to refine and adjust them over the coming years. Without important data from acquistion pathways and systems, DOD risks not having timely quantitative insight into program performance, including its acquisition reform efforts. Finally, DOD's CMO position was eliminated by a statute enacted in January 2021. This position was responsible for key efforts associated with the department's business systems modernization, which has been on GAO's High Risk List since 1995. DOD plans to take steps to address the uncertainty associated with the recent elimination of the position. Why GAO Did This Study For fiscal year 2021, DOD requested approximately $37.7 billion for IT investments. These investments included major business IT programs, which are intended to help the department carry out key business functions, such as financial management and health care. The National Defense Authorization Act for Fiscal Year 2019 included a provision for GAO to assess selected IT programs annually through March 2023. GAO's objectives for this review were to (1) summarize DOD's reported performance of its portfolio of IT acquisition programs and the reasons for this performance; (2) evaluate DOD's assessments of program risks; (3) summarize DOD's approaches to software development and cybersecurity and identify associated challenges; and (4) evaluate how selected organizational and policy changes could affect IT acquisitions. To address these objectives, GAO selected 29 major business IT programs that DOD reported to the federal IT Dashboard (a public website that includes information on the performance of major IT investments) as of September 2020. GAO reviewed planned expenditures for these programs, from fiscal years 2019 through 2022, as reported in the department's FY 2021 budget request. It also aggregated program office responses to a GAO questionnaire that requested information about cost and schedule changes that occurred since January 2019 and the early impacts of COVID-19. GAO also analyzed the risks of the 22 programs that were actively using central repositories known as risk registers to manage program risks. GAO used these registers to create program risk ratings, and then compared its ratings to those of the DOD chief information officer (CIO). In addition, GAO aggregated DOD program office responses to the questionnaire that requested information about the software and cybersecurity practices used by 22 of the 29 IT programs that were actively developing software. GAO compared the responses to relevant guidance and leading practices. GAO reviewed selected IT-related organizational and policy changes and reviewed reports and documentation related to the effects of these changes on IT acquisitions. GAO also aggregated program office responses to the questionnaire that requested information about DOD's implementation of these changes. This included information on DOD's implementation of best practices as part of its efforts to implement Agile software development. GAO met with relevant DOD officials to discuss each of the topics addressed in this report.
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    In Crime News
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  • Public Health Preparedness: HHS Has Taken Some Steps to Implement New Authority to Speed Medical Countermeasure Innovation
    In U.S GAO News
    The Department of Health and Human Services' (HHS) Biomedical Advanced Research and Development Authority has taken steps towards implementing an authority provided by the 21st Century Cures Act to accelerate the development of medical countermeasures. Medical countermeasures are drugs, vaccines, and devices to diagnose, treat, prevent, or mitigate potential health effects of exposure to chemical, biological, radiological, and nuclear threats. However, as of June 2020, HHS had not selected a medical countermeasures innovation partner—an independent, nonprofit entity that the 21st Century Cures Act authorizes HHS to partner with to use venture capital practices and methods to invest in companies developing medical countermeasures. Towards implementing the authority, HHS has developed a vision for the innovation partner, staffed a division to manage HHS's medical innovation partnership and determined an initial amount of funding needed, solicited and considered feedback from venture capital and other stakeholders, and developed preliminary plans for structuring and overseeing the partnership. HHS officials explained this type of partnership approach was new to the agency and required due diligence to develop. According to agency officials, the innovation partner will allow HHS to invest in potentially transformative medical countermeasures that have the potential to benefit the government. For example, the innovation partner could invest in innovative wearable technologies to help early detection of viral infections. HHS officials told GAO that the partner, which is required by law to be a nonprofit entity, will be required to reinvest BARDA's revenues generated from government investments into further investments made through the partnership. BARDA's ultimate goal will be to use these revenues to fund new investments. According to a review of stakeholder comments submitted to HHS, potential venture capital partners identified concerns regarding aspects of the agency's plans for the innovation partner, which the stakeholders indicated could hinder HHS's implementation of the authority. For example, there is a statutory limit to the annual salary that can be paid to an individual from HHS's annual appropriation, which some stakeholders indicated was too low to attract an entity to manage the innovation partner funds. HHS officials told GAO they are assessing options to mitigate some of these concerns, but that plans will not be final until they select the partner. GAO provided a draft of this correspondence to HHS and the Department of Defense for review and comment. HHS did not provide comments on this report and DOD provided technical comments that we incorporated as appropriate. The COVID-19 pandemic and other public health emergencies caused by chemical, biological, radiological, and nuclear agents or emerging infectious diseases raise concern about the nation's vulnerability to, and capacity to prevent or mitigate, potential health effects from exposure to such threats. The 21st Century Cures Act authorized HHS to partner with a private, nonprofit entity that can use venture capital practices and methods to invest in companies developing promising, innovative, medical countermeasures. The 21st Century Cures Act included a provision for GAO to review activities conducted under the innovation partner authority. This report describes the status of HHS's implementation of the authority. GAO reviewed relevant statutes and HHS documentation regarding its plans and actions taken to implement the authority, reviewed responses HHS received to the two requests for information it used to collect information from venture capital and other stakeholders, interviewed HHS officials, and interviewed officials from the Department of Defense, which has partnered with a private, nonprofit entity to make investments using venture capital practices. For more information, contact Mary Denigan-Macauley at (202) 512-7114 or DeniganMacauleyM@gao.gov.
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