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Challenges of a Department of Defense Role in Helping to Secure the 
Southwest Land Border' which was released on April 17, 2012. 

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United States Government Accountability Office: 
GAO: 

Testimony: 

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

For Release on Delivery: 
Expected at 10:00 a.m. EDT:
Tuesday, April 17, 2012: 

Border Security: 

Observations on Costs, Benefits, and Challenges of a Department of 
Defense Role in Helping to Secure the Southwest Land Border: 

Statement of Brian J. Lepore, Director:
Defense Capabilities and Management Issues: 

GAO-12-657T: 

GAO Highlights: 

Highlights of GAO-12-657T, a testimony before the Subcommittee on 
Border and Maritime Security, House Committee on Homeland Security. 

Why GAO Did This Study: 

DHS reports that the southwest border continues to be vulnerable to 
cross-border illegal activity, including the smuggling of humans and 
illegal narcotics. Several federal agencies are involved in border 
security efforts, including DHS, DOD, Justice, and State. In recent 
years, the National Guard has played a role in helping to secure the 
southwest land border by providing the Border Patrol with information 
on the identification of individuals attempting to cross the southwest 
land border into the United States. Generally, the National Guard can 
operate in three different statuses: (1) state status—state funded 
under the command and control of the governor; (2) Title 32 status—
federally funded under command and control of the governor; and (3) 
Title 10 status—federally funded under command and control of the 
Secretary of Defense. 

This testimony discusses (1) the costs and benefits of a DOD role to 
help secure the southwest land border, including the deployment of the 
National Guard, other DOD personnel, or additional units; (2) the 
challenges of a DOD role at the southwest land border; and (3) 
considerations of an increased DOD role to help secure the southwest 
land border. 

The information in this testimony is based on work completed in 
September 2011, which focused on the costs and benefits of an 
increased role of DOD at the southwest land border. See Observations 
on the Costs and Benefits of an Increased Department of Defense Role 
in Helping to Secure the Southwest Land Border, [hyperlink, 
http://www.gao.gov/products/GAO-11-856R] (Washington, D.C.: Sept. 12, 
2011). 

What GAO Found: 

The National Defense Authorization Act for Fiscal Year 2011 mandated 
that GAO examine the costs and benefits of an increased Department of 
Defense (DOD) role to help secure the southwest land border. This 
mandate directed that GAO report on, among other things, the potential 
deployment of additional units, increased use of ground-based mobile 
surveillance systems, use of mobile patrols by military personnel, and 
an increased deployment of unmanned aerial systems and manned aircraft 
in national airspace. In September 2011, GAO reported that DOD 
estimated a total cost of about $1.35 billion for two separate border 
operations—-Operation Jump Start and Operation Phalanx-—conducted by 
National Guard forces in Title 32 status from June 2006 to July 2008 
and from June 2010 through September 30, 2011, respectively. Further, 
DOD estimated that it has cost about $10 million each year since 1989 
to use active duty Title 10 forces nationwide, through its Joint Task 
Force-North, in support of drug law enforcement agencies with some 
additional operational costs borne by the military services. Agency 
officials stated multiple benefits from DOD’s increased border role, 
such as assistance to the Department of Homeland Security (DHS) Border 
Patrol until newly hired Border Patrol agents are trained and deployed 
to the border; providing DOD personnel with training opportunities in 
a geographic environment similar to current combat theaters; 
contributing to apprehensions and seizures and deterring other illegal 
activity along the border; building relationships with law enforcement 
agencies; and strengthening military-to-military relationships with 
forces from Mexico. 

GAO found challenges for the National Guard and for active-duty 
military forces in providing support to law enforcement missions. For 
example, under Title 32 of the United States Code, National Guard 
personnel are permitted to participate in law enforcement activities; 
however, the Secretary of Defense has precluded National Guard forces 
from making arrests while performing border missions because of 
concerns raised about militarizing the U.S. border. As a result, all 
arrests and seizures at the southwest border are performed by the 
Border Patrol. Further, DOD officials cited restraints on the direct 
use of active duty forces, operating under Title 10 of the United 
States Code in domestic civilian law enforcement, set out in the Posse 
Comitatus Act of 1878. In addition, GAO has reported on the varied 
availability of DOD units to support law enforcement missions, such as 
some units being regularly available while other units (e.g., ground-
based surveillance teams) may be deployed abroad-—making it more 
difficult to fulfill law enforcement requests. 

Federal officials stated a number of broad issues and concerns 
regarding any additional DOD assistance in securing the southwest 
border. DOD officials expressed concerns about the absence of a 
comprehensive strategy for southwest border security and the resulting 
challenges to identify and plan a DOD role. DHS officials expressed 
concerns that DOD’s border assistance is ad hoc in that DOD has other 
operational requirements. DOD assists when legal authorities allow and 
resources are available, whereas DHS has a continuous mission to 
ensure border security. Further, Department of State and DOD officials 
expressed concerns about the perception of a militarized U.S. border 
with Mexico, especially when Department of State and Justice officials 
are helping civilian law enforcement institutions in Mexico on border 
issues. 

View [hyperlink, http://www.gao.gov/products/GAO-12-657T]. For more 
information, contact Brian J. Lepore at (202) 512-4523 or 
leporeb@gao.gov. 

[End of section] 

Chairman Miller, Ranking Member Cuellar, and Members of the 
Subcommittee: 

I am pleased to be here today to discuss our observations on the 
costs, benefits, and challenges of a Department of Defense (DOD) role 
in helping to secure the southwest land border. The Department of 
Homeland Security (DHS) reports that the southwest border continues to 
be vulnerable to cross-border illegal activity, including the 
smuggling of humans and illegal narcotics. Several federal agencies 
are involved in border security efforts, including the Departments of 
Homeland Security, Defense, Justice, and State. In recent years, the 
National Guard has played a role in helping to secure the southwest 
land border by providing the Border Patrol with information on the 
identification of individuals attempting to cross the southwest land 
border into the United States. Last year, we reported to the Senate 
and House Armed Services Committees our observations on the use of the 
National Guard and active duty forces to help secure the southwest 
land border of the United States as directed by the Ike Skelton 
National Defense Authorization Act for Fiscal Year 2011.[Footnote 1] 

My statement today is based on our work conducted in 2011 and will 
examine (1) the costs and benefits of a DOD role to help secure the 
southwest land border, including the deployment of the National Guard, 
other DOD personnel, or additional units; (2) the challenges 
associated with a DOD role at the southwest land border; and (3) 
considerations of an increased DOD role to help secure the southwest 
land border. 

To conduct this work, we reviewed our previous assessments of 
southwest land border security and key documents related specifically 
to DOD efforts at the southwest land border, such as the legal 
authorities governing military forces operating under state, Title 32, 
and Title 10 status; the cost and benefits of recent efforts by DOD to 
assist DHS, including Operation Jump Start (2006-2008) and Operation 
Phalanx (2010-2011); DOD after-action reports and evaluations related 
to recent DOD efforts to support law enforcement efforts at the 
southwest land border; strategic and operational plans, and guidance 
related to addressing security concerns at the southwest land border; 
funding and cost data and sources of funding related to the deployment 
of DOD personnel, equipment, unmanned aerial systems, and manned 
surveillance aircraft; and other key documents. 

In addition, to better understand the cost, benefits, and challenges 
of a DOD role in helping to secure the southwest land border, we met 
with and interviewed officials from DOD, including the Office of the 
Secretary of Defense, military services, National Guard Bureau, U.S. 
Northern Command, U.S. Army North, and Joint Task Force-North. 
Further, to distinguish the impact of an increased DOD role in helping 
to secure the border, we spoke with officials from DHS, Customs and 
Border Protection (CBP) (including U.S. Border Patrol, Office of Air 
and Marine); the Department of Transportation, Federal Aviation 
Administration; and the Department of State, including the Bureau of 
International Narcotics and Law Enforcement Affairs and Office of 
Mexican Affairs. 

We performed the work on which this testimony is based in accordance 
with generally accepted government auditing standards. Additional 
information on our scope and methodology can be found in the published 
report. 

Background: 

National Guard: 

The National Guard, with its dual federal and state roles, has been in 
demand to meet both overseas operations and homeland security 
requirements. Over the last decade the National Guard has experienced 
the largest activation of its forces since World War II. At the same 
time, the Guard's domestic activities have expanded from routine 
duties, such as responding to hurricanes, to include activities such 
as helping to secure U.S. borders. Generally, the National Guard can 
operate in three different statuses: (1) state status--state funded 
under the command and control of the governor; (2) Title 32 status--
federally funded under command and control of the governor (Title 32 
forces may participate in law enforcement activities); and (3) Title 
10 status--federally funded under command and control of the Secretary 
of Defense. Forces serving in Title 10 status are generally prohibited 
from direct participation in law enforcement activities, without 
proper statutory authorization, but may work to support civilian law 
enforcement. Although National Guard forces working in support of law 
enforcement at the southwest land border have been activated under 
Title 32, the Secretary of Defense has limited their activities with 
regard to law enforcement. Specifically, these National Guard forces 
are not to make arrests. Since 2006, the National Guard has supported 
DHS's border security mission in the four southwest border states 
(California, Arizona, New Mexico, and Texas) through two missions: 

* Operation Jump Start (June 2006-July 2008) involved volunteers from 
the border states and from outside the border states; its mission 
included aviation, engineering, and entry identification, among 
others, according to National Guard officials. 

* Operation Phalanx (July 2010-September 30, 2011) involved volunteer 
units and in-state units. The Secretary of Defense limited the 
National Guard mission to entry identification, criminal analysis, and 
command and control, according to National Guard officials. 

Active Duty Military Forces: 

In addition to the National Guard, DOD provided support at the 
southwest land border with active duty military forces operating in 
Title 10 status. While active duty forces are normally prohibited from 
direct participation in law enforcement, Congress has at times 
authorized it. For example, §1004 of the National Defense 
Authorization Act for Fiscal Year 1991, as amended, allows the 
Secretary of Defense to provide support for the counterdrug activities 
of any other department or agency of the federal government or of any 
state, local, or foreign law enforcement agency if certain criteria, 
set out in the statute, are met. 

Costs and Benefits of a DOD Role in Helping to Secure the Southwest 
Land Border: 

Various factors influence the cost of a DOD role at the southwest land 
border, such as the scope and duration of the mission. Federal agency 
officials have cited a variety of benefits from having a DOD role at 
the southwest land border. 

Factors that Affect the Cost of a DOD Role at the Southwest Land 
Border: 

The National Defense Authorization Act for Fiscal Year 2011 mandated 
that we examine the costs and benefits of an increased DOD role to 
help secure the southwest land border. This mandate directed that we 
report on a number of steps that could be taken that might improve 
security on the border, including the potential deployment of 
additional units, increased use of ground-based mobile surveillance 
systems, use of mobile patrols by military personnel, and an increased 
deployment of unmanned aerial systems and manned aircraft to provide 
surveillance of the southern land border of the United States. 
[Footnote 2] In September 2011, we reported that DOD estimated a total 
cost of about $1.35 billion for two separate border operations--
Operation Jump Start and Operation Phalanx--conducted by the National 
Guard forces in Title 32 status from June 2006 to July 2008 and from 
June 2010 through September 30, 2011, respectively. Further, DOD 
estimated that it has cost about $10 million each year since 1989 to 
use active duty Title 10 forces nationwide, through its Joint Task 
Force-North, in support of drug law enforcement agencies with some 
additional operational costs borne by the military services. [Footnote 
3] 

As we considered the various steps we were directed to address in our 
report, we found that the factors that may affect the cost of a DOD 
effort are largely determined by the legal status and the mission of 
military personnel being used, specifically whether personnel are 
responding under Title 32 or Title 10 (federal status) of the Unites 
States Code. For example, in considering the deployment of additional 
units, if National Guard forces were to be used in Title 32 status, 
then the factors that may impact the cost include whether in-state or 
out-of-state personnel are used, the number of personnel, duration of 
the mission, ratio of officers to enlisted personnel, and equipment 
and transportation needs. The costs of National Guard forces working 
at the border in Title 32 status can also be impacted by specific 
missions. For example, DOD officials told us that if National 
Guardsmen were assigned a mission to conduct mobile patrols, then they 
would be required to work in pairs and would only be able to perform 
part of the mission (i.e., to identify persons of interest). They 
would then have to contact the Border Patrol to make possible arrests 
or seizures because the Secretary of Defense has precluded National 
Guardsmen from making arrests or seizures during border security 
missions. Border Patrol agents, however, may individually conduct the 
full range of these activities, thus making the use of Border Patrol 
agents for these activities more efficient. 

At the time of our review, Title 10 active duty military forces were 
being used for missions on the border, and cost factors were limited 
primarily to situations whereby DOD may provide military support to 
law enforcement agencies for counternarcotic operations. Support can 
include direct funding, military personnel, and equipment. With the 
estimated $10 million that DOD spends each year for Title 10 active 
duty forces in support of drug law enforcement agencies nationwide, 
DOD is able--through its Joint Task Force-North--to support 
approximately 80 of about 400 requests per year for law enforcement 
assistance. These funds have been used for activities in support of 
law enforcement such as operations, engineering support, and mobile 
training teams. For example, DOD was able to provide some funding for 
DOD engineering units that constructed roads at the border. While DOD 
provided the manpower and equipment, CBP provided the materials. In 
addition, DOD was able to provide some funding for DOD units that 
provided operational support (e.g., ground based mobile surveillance 
unit) to law enforcement missions. 

We also reported on the cost factors related to deploying manned 
aircraft and unmanned aerial systems. DOD officials did not report any 
use of unmanned aerial systems for border security missions because 
these systems were deployed abroad. DOD officials, however, did 
provide us with cost factors for the Predator and Reaper unmanned 
aerial systems. Specifically, in fiscal year 2011, the DOD Comptroller 
reported that a Predator and a Reaper cost $859 and $1,456 per flight 
hour, respectively. DOD uses maintenance costs, asset utilization 
costs, and military personnel costs to calculate these figures. In 
addition, DOD officials identified other factors that may impact 
operating costs of unmanned aerial systems, including transportation 
for personnel and equipment, rental or lease for hanger space, and 
mission requirements. 

With regard to manned aircraft, DOD provided cost factors for a 
Blackhawk helicopter and a C-12 aircraft, which were comparable to the 
type of rotary and fixed-wing aircraft used by DHS. For example, in 
fiscal year 2011, DOD reported that a Blackhawk helicopter and a C-12 
aircraft cost $5,897 and $1,370 per flight hour, respectively. DOD 
uses maintenance costs, asset utilization costs, and military 
personnel costs to develop their flight hour estimates. Furthermore, 
according to DOD officials, in fiscal year 2011, DOD contracted for a 
Cessna aircraft with a forward-looking infrared sensor (known as the 
Big Miguel Program), which costs $1.2 million per year and assisted at 
the southwest land border. 

Federal Officials See Some Benefits of a DOD Role in Helping to Secure 
the Border: 

Federal officials cited a variety of benefits from a DOD role to help 
secure the southwest land border. For example, DOD assistance has (1) 
provided a bridge or augmentation until newly hired Border Patrol 
agents are trained and deployed to the border; (2) provided training 
opportunities for military personnel in a geographic environment 
similar to combat theaters abroad; (3) contributed to apprehensions 
and seizures made by Border Patrol along the border; (4) deterred 
illegal activity at the border; (5) built relationships with law 
enforcement agencies; and (6) maintained and strengthened military-to-
military relationships with forces from Mexico. Specifically with 
regard to Operation Jump Start (June 2006-July 2008), CBP officials 
reported that the National Guard assisted in the apprehension of 
186,814 undocumented aliens, and in the seizure of 316,364 pounds of 
marijuana, among other categories of assistance, including rescues of 
persons in distress and the seizure of illicit currency. Based on 
these reported figures, the National Guard assisted in 11.7 percent of 
all undocumented alien apprehensions and 9.4 percent of all marijuana 
seized on the southwest land border.[Footnote 4] During the National 
Guard's Operation Phalanx (July 2010-June 30, 2011), CBP reported that 
as of May 31, 2011, the National Guard assisted in the apprehension of 
17,887 undocumented aliens and the seizure of 56,342 pounds of 
marijuana. Based on these reported figures, the National Guard 
assisted in 5.9 percent of all undocumented alien apprehensions and 
2.6 percent of all marijuana seized on the southwest land border. In 
fiscal year 2010, active duty military forces (Title 10), through 
Joint Task Force-North, conducted 79 missions with 842 DOD personnel 
in support of law enforcement and assisted in the seizure of about 
17,935 pounds of marijuana, assisted in the apprehension of 3,865 
undocumented aliens, and constructed 17.26 miles of road, according to 
DOD officials.[Footnote 5] 

With regard to unmanned aerial systems at the time of our report, DOD 
had fewer systems available, since they were deployed to missions 
abroad, including operations in Afghanistan, Iraq, and elsewhere. 
Moreover, DOD's access to the national airspace is constrained given 
the safety concerns about unmanned aerial systems raised by the 
Federal Aviation Administration, specifically the ability of the 
unmanned aerial system to detect, sense, and avoid an aircraft in 
flight. We also reported that, conversely, pilots of manned aircraft 
have the ability to see and avoid other aircraft, and thus may have 
more routine access to the national airspace. Further, DOD reports 
that manned aircraft are effective in the apprehension of undocumented 
aliens. For example, during fiscal year 2011, DOD leased a manned 
Cessna aircraft (the Big Miguel Program) that was used to assist in 
the apprehension of at least 6,500 undocumented aliens and the seizure 
of $54 million in marijuana, as reported to DOD by DHS. 

Challenges of a DOD Role in Helping to Secure the Southwest Land 
Border: 

A number of challenges exist for both the National Guard and for 
active-duty military forces in providing support to law enforcement 
missions on the southwest land border. 

National Guard: 

National Guard personnel involved in activities on the border have 
been under the command and control of the governors of the southwest 
border states and have received federal funding in Title 32 status. In 
this status, National Guard personnel are permitted to participate in 
law enforcement activities; however, the Secretary of Defense has 
limited their activities, which has resulted in the inability of the 
National Guard units to make arrests while performing border security 
missions. The National Guard mission limitations are based in part on 
concerns raised by both DOD and National Guard officials that 
civilians may not distinguish between Guardsmen and active duty 
military personnel in uniform, which may lead to the perception that 
the border is militarized. Therefore, all arrests and seizures at the 
southwest land border are performed by the Border Patrol. 

Additionally, we found that the temporary use of the National Guard to 
help secure the border may give rise to additional challenges. For 
example, we reported that the use of out-of-state Guardsmen for long-
term missions in an involuntary status may have an adverse effect on 
future National Guard recruitment and retention, according to National 
Guard officials. Finally, CBP officials noted that the temporary 
nature of National Guard duty at the border could impact long-term 
border security planning. These impacts are due to difficulties of 
incorporating the National Guard into a strategic border security 
plan, given the variety and number of missions that the National Guard 
is responsible for, including disaster assistance. 

Active Duty Military Forces: 

In meeting with DOD officials, we heard of multiple challenges to 
providing support to law enforcement missions. Specifically, there are 
legal restraints and other challenges that active duty forces must be 
mindful of when providing assistance to civilian law enforcement. For 
example, the 1878 Posse Comitatus Act, 18 U.S.C. §1385, prohibits the 
direct use of Title 10 (federal) forces in domestic civilian law 
enforcement, except where authorized by the Constitution or an act of 
Congress. However, Congress has authorized military support to law 
enforcement agencies in specific situations such as support for the 
counterdrug activities of other agencies.[Footnote 6] 

DOD further clarifies restrictions on direct assistance to law 
enforcement with its guidance setting out the approval process for 
Title 10 forces providing operational support for counternarcotic law 
enforcement missions.[Footnote 7] The request of law enforcement 
agencies for support must meet a number of criteria, including that 
the mission must: 

* Have a valid counterdrug nexus. 

* Have a proper request from law enforcement (the request must come 
from an appropriate official, be limited to unique military 
capabilities, and provide a benefit to DOD or be essential to national 
security goals). 

* Improve unit readiness or mission capability. 

* Provide a training opportunity to increase combat readiness. 

* Avoid the use of Title 10 forces (military services) for continuing, 
ongoing, long-term operation support commitments at the same location. 

Given the complexity of legal authorities and policy issues related to 
DOD providing support to law enforcement and the number of DOD 
entities that must approve a support mission by Title 10 forces, it 
can take up to 180 days to obtain final approval from the Office of 
the Secretary of Defense to execute a mission in support of law 
enforcement. While supporting law enforcement, DOD may be subject to 
certain limitations. For example, one limitation is that DOD units 
working on border missions cannot carry loaded weapons. Instead, DOD 
units working on the border rely on armed Border Patrol agents, who 
are assigned to each military unit to provide protection. 

In addition, we reported in September 2011 that DOD's operational 
tempo may impact the availability of DOD units to fill law enforcement 
support missions. While some DOD units are regularly available to meet 
specific mission needs at the border (e.g., mechanized units to 
construct roads), other DOD units (e.g., ground-based surveillance 
teams) are deployed or may be deployed abroad making it more difficult 
to fulfill law enforcement requests at any given time. Further, DOD 
officials we spoke with also raised information-sharing challenges 
when providing support to law enforcement missions. For example, DOD 
officials commented that because there are different types of law 
enforcement personnel that use information differently (e.g., make an 
immediate arrest or watch, wait, and grow an investigation leading to 
a later arrest), it was sometimes difficult for DOD to understand 
whether information sharing was a priority among law enforcement 
personnel. DOD officials also noted that a lack of security clearances 
for law enforcement officials affects DOD's ability to provide 
classified information to CBP. 

Considerations of an Increased DOD Role at the Southwest Land Border: 

During our examination of an increased role for DOD at the southwest 
land border, agency officials we spoke with raised a number of broader 
issues and concerns surrounding any future expansion of such 
assistance. Agency officials identified four areas of concern: 

* DOD officials expressed concerns about the absence of a 
comprehensive strategy for southwest border security and the resulting 
challenges to identify and plan a DOD role. 

* DHS officials expressed concerns that DOD's border assistance is ad 
hoc in that DOD has other operational requirements. DOD assists when 
legal authorities allow and resources are available, whereas DHS has a 
continuous mission to ensure border security. 

* Department of State and DOD officials expressed concerns that 
greater or extended use of military forces on the border could create 
a perception of a militarized U.S. border with Mexico, especially when 
Department of State and Justice officials are helping support civilian 
law enforcement institutions in Mexico to address crime and border 
issues. 

* Federal Aviation Administration officials, who are part of the 
Department of Transportation, stated that they are concerned about 
safety in the national airspace, due to concerns about the ability of 
unmanned aerial systems to detect, sense, and avoid an aircraft in 
flight. The Federal Aviation Administration has granted DHS authority 
to fly unmanned aerial systems to support its national security 
mission along the U.S. southwest land border, and is working with DOD, 
DHS, and the National Aeronautics and Space Administration to identify 
and evaluate options to increase unmanned aerial systems access in the 
national airspace. 

We did not make any recommendations in our September 2011 report. 

Chairman Miller, Ranking Member Cuellar, and Members of the 
Subcommittee, this concludes my prepared statement. I am pleased to 
answer any questions that you may have at this time. 

GAO Contacts and Staff Acknowledgments: 

For future questions about this statement, please contact me on (202) 
512-4523 or LeporeB@gao.gov. Individuals making key contributions to 
this statement include Mark Pross, Assistant Director; Yecenia 
Camarillo; Carolynn Cavanaugh; Nicole Willems; Lori Kmetz; Charles 
Perdue; Richard Powelson; Terry Richardson; and Jason Wildhagen. 

[End of section] 

Related GAO Products: 

Border Security: Additional Steps Needed to Ensure That Officers Are 
Fully Trained. [hyperlink, http://www.gao.gov/products/GAO-12-269]. 
Washington, D.C.: December 22, 2011. 

U.S. Customs and Boarder Protection's Border Security Fencing, 
Infrastructure and Technology Fiscal Year 2011 Expenditure Plan. 
[hyperlink, http://www.gao.gov/products/GAO-12-106R]. Washington, 
D.C.: November 17, 2011. 

Arizona Border Surveillance Technology: More Information on Plans and 
Costs Is Needed before Proceeding. [hyperlink, 
http://www.gao.gov/products/GAO-12-22]. Washington, D.C.: November 4, 
2011. 

Observations on the Costs and Benefits of an Increased Department of 
Defense Role in Helping to Secure the Southwest Land Border. 
[hyperlink, http://www.gao.gov/products/GAO-11-856R]. Washington, 
D.C.: September 12, 2011. 

Homeland Security: DHS Could Strengthen Acquisitions and Development 
of New Technologies. [hyperlink, 
http://www.gao.gov/products/GAO-11-829T]. Washington, D.C.: July 15, 
2011. 

Secure Border Initiative: Controls over Contractor Payments for the 
Technology Component Need Improvement. [hyperlink, 
http://www.gao.gov/products/GAO-11-68]. Washington, D.C.: May 25, 2011. 

Southwest Border: Border Patrol Operations on Federal Lands. 
[hyperlink, http://www.gao.gov/products/GAO-11-573T]. Washington, 
D.C.: April 15, 2011. 

Border Security: DHS Progress and Challenges in Securing the U.S. 
Southwest and Northern Borders. [hyperlink, 
http://www.gao.gov/products/GAO-11-508T]. Washington, D.C.: March 30, 
2011. 

Border Security: Preliminary Observations on the Status of Key 
Southwest Border Technology Programs. [hyperlink, 
http://www.gao.gov/products/GAO-11-448T]. Washington, D.C.: March 15, 
2011. 

Moving Illegal Proceeds: Opportunities Exist for Strengthening the 
Federal Government's Efforts to Stem Cross-Border Currency Smuggling. 
[hyperlink, http://www.gao.gov/products/GAO-11-407T]. Washington, 
D.C.: March 9, 2011. 

Border Security: Preliminary Observations on Border Control Measures 
for the Southwest Border. [hyperlink, 
http://www.gao.gov/products/GAO-11-374T]. Washington, D.C.: February 
15, 2011. 

Border Security: Enhanced DHS Oversight and Assessment of Interagency 
Coordination Is Needed for the Northern Border. [hyperlink, 
http://www.gao.gov/products/GAO-11-97]. Washington, D.C.: December 17, 
2010. 

Border Security: Additional Actions Needed to Better Ensure a 
Coordinated Federal Response to Illegal Activity on Federal Lands. 
[hyperlink, http://www.gao.gov/products/GAO-11-177]. Washington, D.C.: 
November 18, 2010. 

Moving Illegal Proceeds: Challenges Exist in the Federal Government's 
Effort to Stem Cross-Border Currency Smuggling. [hyperlink, 
http://www.gao.gov/products/GAO-11-73]. Washington, D.C.: October 25, 
2010. 

Secure Border Initiative: DHS Needs to Strengthen Management and 
Oversight of Its Prime Contractor. [hyperlink, 
http://www.gao.gov/products/GAO-11-6]. Washington, D.C.: October 18, 
2010. 

[End of section] 

Footnotes: 

[1] See Pub. L. No. 111-383, §1057 (2011) for the mandate directing 
our review as well as GAO, Observations on the Costs and Benefits of 
an Increased Department of Defense Role in Helping to Secure the 
Southwest Land Border, [hyperlink, 
http://www.gao.gov/products/GAO-11-856R] (Washington, D.C.: Sept. 12, 
2011). 

[2] See [hyperlink, http://www.gao.gov/products/GAO-11-856R]. 

[3] The Deputy Assistant Secretary of Defense for Counternarcotics 
receives about $1.1 billion annually for counternarcotics efforts, of 
which about $10 million goes towards law enforcement mission support 
needs nationwide, according to DOD officials. 

[4] The official start date for Operation Jump Start was June 15, 
2006, and the official end date was July 15, 2008. Data from CBP is 
reported monthly, and as the beginning and end dates of Operation Jump 
Start fell in the middle of the calendar month, for the purposes of 
this analysis, the 24-month period analyzed was July 2006 (the first 
full month of the mission) through June 2008 (the last full month of 
the mission). 

[5] Statistics on apprehension and seizure amounts were provided to 
DOD by CBP. DOD does not independently collect information on 
apprehensions and seizures, since DOD is not involved in those aspects 
of the law enforcement mission. 

[6] See Pub. L. No. 101-510, §1004 (1990), as amended. For additional 
examples of statutes in which Congress has authorized military support 
to law enforcement, see 10 U.S.C. § 124 and 10 U.S.C. § § 371-382. See 
also 10 U.S.C. §375, which directs the Secretary of Defense to 
prescribe regulations to ensure that activities carried out in support 
of civilian law enforcement agencies, under the authorities provided 
in Chapter 18 of Title 10 of the United States Code, do not include or 
permit direct participation by a member of the Army, the Navy, the Air 
Force, or the Marine Corps in a search, seizure, arrest or other 
similar activity unless participation in such activity by such member 
is otherwise authorized by law. 

[7] Deputy Secretary of Defense Memorandum, Department Support to 
Domestic Law Enforcement Agencies Performing Counternarcotic 
Activities (October 2, 2003). 

[End of section] 

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