Homeland Security:

U.S. Customs and Border Protection's Border Security Fencing, Infrastructure and Technology Fiscal Year 2010 Expenditure Plan

GAO-10-877R: Published: Jul 30, 2010. Publicly Released: Jul 30, 2010.

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This letter formally transmits the summary of a briefing we gave in June 2010 in response to a mandate in the Department of Homeland Security Appropriations Act, 2010, and subsequent agency comments. This mandate required the Department of Homeland Security (DHS) to complete an expenditure plan that satisfied 11 specified conditions, and for the plan to be submitted to and approved by the House and Senate Appropriations Committees before the agency could obligate $75 million of the $800 million appropriated for U.S. Customs and Border Protection (CBP) border security fencing, infrastructure and technology. Also, the Act required us to review this expenditure plan. In addition, Conference, Senate, and House committee reports accompanying the act directed that the plan address 7 items (referred to as "committee reports' directions" in this letter). In response to these requirements, the Department of Homeland Security submitted a plan to Congress on May 20, 2010, titled "Border Security Fencing, Infrastructure and Technology (BSFIT) Fiscal Year 2010 Expenditure Plan." As required by the act, we reviewed the plan and on June 17 and 18, 2010, briefed the offices of the Senate and House Appropriations Subcommittees, respectively, on the analysis of whether the plan satisfied the 11 legislative conditions and the 7 committee reports' directions.

The expenditure plan did not fully satisfy all of the legislative conditions and committee reports' directions. Specifically, of the 11 legislative conditions, the expenditure plan satisfied 4, partially satisfied 6, and did not satisfy 1. Also, of the 7 committee reports' directions, the expenditure plan satisfied 2 and partially satisfied 5. Based on the results of our review, we are not making any recommendations for congressional consideration or agency action. We provided a draft of this report to DHS for review and comment. In commenting on a draft of this report, DHS responded to the findings related to 1 of the 11 legislative conditions and did not comment on the findings related to the 7 committee reports' directions. Specifically, DHS stated that it concurred in part with our assessment of partially satisfied for legislative condition 8. This condition requires that the expenditure plan include a certification by the DHS Chief Procurement Office (CPO) that the program (1) complies with DHS's acquisition management review process, among other things; (2) meets federal acquisition requirements; and (3) is adequately staffed. The condition also requires that the plan includes required supporting documentation used to obtain this certification.

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