Under the program, roughly 8,000 importers, port authorities and air, sea and land carriers are granted benefits such as reduced scrutiny of their cargo. In exchange, the companies submit a security plan that must meet U.S. Customs and Border Protection's minimum standards and allow officials to verify that their measures are being followed.
A 2005 GAO report found many of the companies were receiving the reduced cargo scrutiny without the required full vetting by U.S. Customs, a division of DHS. The agency has since made some improvements, but the new report found Customs officials still couldn't provide guarantees that companies were in compliance.
"The bottom line is DHS has basically passed the buck on port security by allowing shipping companies to police themselves with almost no oversight," said Sen. Charles Schumer, D-N.Y. "By not lifting a finger to ensure these companies are doing what they say they are doing, DHS is yet again shirking its primary responsibility. So many years later, it is shocking that DHS still cannot get its act together."
Among the problems:
"Until Customs overcomes these collective challenges, Customs will be unable to assure Congress and others that C-TPAT member companies that have been granted reduced scrutiny of their U.S.-bound containerized shipments actually employ adequate security practices," investigators wrote. "It is vital that Customs maintain adequate internal controls to ensure that member companies deserve these benefits."
The GAO urged Customs and Border Protection to require consideration of third-party and other outside audits and take steps to make certain companies comply with any additional security improvements requested. The report also calls for some technological improvements to help improve consistency and better information-gathering in Customs' security checks.
Responding in part, Customs officials in the report agreed they could do more to follow up on suggested security improvements but noted that employees often use their expert discretion in assessing the potential danger before certifying a company. The agency has also said the program overall has made the nation safer.
Congress has been working to improve port security after the independent Sept. 11 commission cited the potential dangers in its 2004 final report. The commission said that compared with commercial aviation, "opportunities to do harm are as great, or greater, in maritime or surface transportation." DHS has said that while the likelihood of terrorists smuggling weapons of mass destruction into the U.S. in cargo containers is low, the nation's vulnerability and the consequences of such an attack are potentially high.
Sen. Susan Collins, R-Maine, the top Republican on the Senate Homeland Security Committee, said the report shows the importance of the private sector's continued cooperation in helping improve port security. "I will continue to work with DHS and the private sector to ensure the effectiveness of the crucial port security program," she said.
The GAO study examined a sample of 25 company reviews by Customs and Border Protection from March 1, 2006 through Sept. 30, 2006. Investigators interviewed officials, reviewed documents and studied the agency's minimum security criteria to see if standards were being met.
