American Samoa
Performing a Risk Assessment Would Better Inform U.S. Agencies of the Risks Related to Acceptance of Certificates of Identity
Gao ID: GAO-10-638 June 11, 2010
American Samoa is a U.S. insular area that operates its customs and immigration programs according to its own laws and independent of the United States. As such, U.S. agencies, such as U.S. Customs and Border Protection, have no roles in operating the customs or immigration programs in American Samoa. U.S. officials have raised questions about how American Samoa operates its customs and immigration programs, and if this introduces any risks to the security of American Samoa or the rest of the United States. GAO was asked to review American Samoa's customs and immigration programs and this report discusses (1) the operations of American Samoa's customs and immigration programs, and (2) the extent to which U.S. and American Samoa agencies have identified potential risks in American Samoa's customs and immigration programs. GAO reviewed available statutes, regulations, policies, and procedures governing American Samoa and U.S. customs and immigration programs. GAO also visited American Samoa and interviewed U.S. and American Samoan officials to obtain insights.
American Samoa operates its own customs and immigration programs, which have separate organizational structures and functions and are based on local laws, regulations, policies, and procedures. Its Customs Division, within the American Samoa Department of Treasury, inspects passengers, baggage, and cargo, and collects excise taxes. The immigration program is administered by the Immigration Office and the Immigration Board, which both report to the American Samoa Attorney General. The Immigration Office is responsible for document issuance, operations, and enforcement, while the Immigration Board holds hearings to decide on issues such as alien work authorization. The Office of the Attorney General is responsible for, among other things, issuing Certificates of Identity (CI), which American Samoans may use to demonstrate their nationality when traveling to the rest of the United States. American Samoa and U.S. government agencies report that American Samoa's operations of its customs and immigration programs may pose risks to American Samoa and the rest of the United States, but U.S. agencies have not conducted a risk assessment. Regarding customs, potential risks to American Samoa are lost revenues and the possible aiding of criminal activities. While the Customs Division has written policies and procedures to govern duties and responsibilities, American Samoa and U.S. law enforcement officials are concerned that American Samoa Customs officials have accepted bribes for improperly inspecting containers, which could result in lost tax revenues. American Samoan and U.S. officials have identified no concerns to the rest of the United States from American Samoa's operations of its customs program. Regarding immigration, the principal concern to American Samoa is that current enforcement practices of immigration laws have led to the potential for alien exploitation and human trafficking. The American Samoa legislature is proposing changes that may address these issues, but it is too soon to tell what impact these changes, if passed, will have. U.S. officials state that the potential risk to the rest of the United States from American Samoa's current immigration operations is illegal immigration into the rest of the United States as a result of travelers obtaining false documentation, such as a CI, in American Samoa. While Department of State officials are aware of allegations of illegal immigration from aliens fraudulently obtaining CIs, and are working with law enforcement officials in American Samoa on an ongoing investigation into such allegations, this investigation will address the security of the process for obtaining U.S. passports and will not address the reported vulnerabilities in the process for issuing CIs. U.S. agencies have not performeda risk assessment to determine the threat, vulnerabilities, and consequences associated with aliens using false documents to travel to the rest of the United States from American Samoa. Performing a risk assessment could better position U.S. agencies to understand the extent of threats, vulnerabilities, and consequences associated with the use of CIs, and better inform decisions on which documents would be considered acceptable for those wishing to travel to the rest of the United States from American Samoa.
Recommendations
Our recommendations from this work are listed below with a Contact for more information. Status will change from "In process" to "Open," "Closed - implemented," or "Closed - not implemented" based on our follow up work.
Director:
Stephen L. Caldwell
Team:
Government Accountability Office: Homeland Security and Justice
Phone:
(202) 512-9610
GAO-10-638, American Samoa: Performing a Risk Assessment Would Better Inform U.S. Agencies of the Risks Related to Acceptance of Certificates of Identity
This is the accessible text file for GAO report number GAO-10-638
entitled 'American Samoa: Performing a Risk Assessment Would Better
Inform U.S. Agencies of the Risks Related to Acceptance of
Certificates of Identity' which was released on July 12, 2010.
This text file was formatted by the U.S. Government Accountability
Office (GAO) to be accessible to users with visual impairments, as
part of a longer term project to improve GAO products' accessibility.
Every attempt has been made to maintain the structural and data
integrity of the original printed product. Accessibility features,
such as text descriptions of tables, consecutively numbered footnotes
placed at the end of the file, and the text of agency comment letters,
are provided but may not exactly duplicate the presentation or format
of the printed version. The portable document format (PDF) file is an
exact electronic replica of the printed version. We welcome your
feedback. Please E-mail your comments regarding the contents or
accessibility features of this document to Webmaster@gao.gov.
This is a work of the U.S. government and is not subject to copyright
protection in the United States. It may be reproduced and distributed
in its entirety without further permission from GAO. Because this work
may contain copyrighted images or other material, permission from the
copyright holder may be necessary if you wish to reproduce this
material separately.
Report to Congressional Requesters:
United States Government Accountability Office:
GAO:
June 2010:
American Samoa:
Performing a Risk Assessment Would Better Inform U.S. Agencies of the
Risks Related to Acceptance of Certificates of Identity:
GAO-10-638:
GAO Highlights:
Highlights of GAO-10-638, a report to congressional requesters.
Why GAO Did This Study:
American Samoa is a U.S. insular area that operates its customs and
immigration programs according to its own laws and independent of the
United States. As such, U.S. agencies, such as U.S. Customs and Border
Protection, have no roles in operating the customs or immigration
programs in American Samoa. U.S. officials have raised questions about
how American Samoa operates its customs and immigration programs, and
if this introduces any risks to the security of American Samoa or the
rest of the United States. GAO was asked to review American Samoa‘s
customs and immigration programs and this report discusses (1) the
operations of American Samoa‘s customs and immigration programs, and
(2) the extent to which U.S. and American Samoa agencies have
identified potential risks in American Samoa‘s customs and immigration
programs. GAO reviewed available statutes, regulations, policies, and
procedures governing American Samoa and U.S. customs and immigration
programs. GAO also visited American Samoa and interviewed U.S. and
American Samoan officials to obtain insights.
What GAO Found:
American Samoa operates its own customs and immigration programs,
which have separate organizational structures and functions and are
based on local laws, regulations, policies, and procedures. Its
Customs Division, within the American Samoa Department of Treasury,
inspects passengers, baggage, and cargo, and collects excise taxes.
The immigration program is administered by the Immigration Office and
the Immigration Board, which both report to the American Samoa
Attorney General. The Immigration Office is responsible for document
issuance, operations, and enforcement, while the Immigration Board
holds hearings to decide on issues such as alien work authorization.
The Office of the Attorney General is responsible for, among other
things, issuing Certificates of Identity (CI), which American Samoans
may use to demonstrate their nationality when traveling to the rest of
the United States.
American Samoa and U.S. government agencies report that American
Samoa‘s operations of its customs and immigration programs may pose
risks to American Samoa and the rest of the United States, but U.S.
agencies have not conducted a risk assessment. Regarding customs,
potential risks to American Samoa are lost revenues and the possible
aiding of criminal activities. While the Customs Division has written
policies and procedures to govern duties and responsibilities,
American Samoa and U.S. law enforcement officials are concerned that
American Samoa Customs officials have accepted bribes for improperly
inspecting containers, which could result in lost tax revenues.
American Samoan and U.S. officials have identified no concerns to the
rest of the United States from American Samoa‘s operations of its
customs program. Regarding immigration, the principal concern to
American Samoa is that current enforcement practices of immigration
laws have led to the potential for alien exploitation and human
trafficking. The American Samoa legislature is proposing changes that
may address these issues, but it is too soon to tell what impact these
changes, if passed, will have. U.S. officials state that the potential
risk to the rest of the United States from American Samoa‘s current
immigration operations is illegal immigration into the rest of the
United States as a result of travelers obtaining false documentation,
such as a CI, in American Samoa. While Department of State officials
are aware of allegations of illegal immigration from aliens
fraudulently obtaining CIs, and are working with law enforcement
officials in American Samoa on an ongoing investigation into such
allegations, this investigation will address the security of the
process for obtaining U.S. passports and will not address the reported
vulnerabilities in the process for issuing CIs. U.S. agencies have not
performed a risk assessment to determine the threat, vulnerabilities,
and consequences associated with aliens using false documents to
travel to the rest of the United States from American Samoa.
Performing a risk assessment could better position U.S. agencies to
understand the extent of threats, vulnerabilities, and consequences
associated with the use of CIs, and better inform decisions on which
documents would be considered acceptable for those wishing to travel
to the rest of the United States from American Samoa.
What GAO Recommends:
GAO recommends that DHS, in consultation with the Departments of State
and the Interior, conduct a risk assessment to determine the extent
and significance of possible risks associated with aliens using false
documents to travel to the United States from American Samoa. The
agencies‘ concurred with GAO‘s recommendation.
View [hyperlink, http://www.gao.gov/products/GAO-10-638] or key
components. For more information, contact Stephen L. Caldwell at (202)
512-8777 or CaldwellS@gao.gov.
[End of section]
Contents:
Letter:
Background:
American Samoa Operates Its Own Customs and Immigration Programs:
U.S. and American Samoan Officials Report Concerns about American
Samoa's Operations of Its Customs and Immigration Programs, but No
U.S. Agency Has Performed a Risk Assessment:
Conclusions:
Recommendation for Executive Action:
Agency and Third Party Comments and Our Evaluation:
Appendix I: Additional Details on American Samoa's Immigration Program
1:
Appendix II: Comments from the Department of the Interior:
Appendix III: Comments from Leaders of the American Samoa Legislature:
Appendix IV: GAO Contact and Acknowledgments:
Related GAO Products:
Tables:
Table 1: Data on Documents Presented by U.S. Nationals and U.S.
Citizens Departing Pago Pago, American Samoa to Honolulu, Hawaii,
during Calendar Years 2007, 2008, and 2009:
Table 2: Alien Classifications in American Samoa and Their Primary
Characteristics 1:
Table 3: Classifications, in Order of Preference, with Numerical
Limitations for Each Classification per Fiscal Year:
Figures:
Figure 1: Location of American Samoa:
Figure 2: American Samoa Population, 1980 through 2005:
Figure 3: American Samoa Department of Treasury Organizational Chart:
Figure 4: American Samoa Department of Legal Affairs Organizational
Chart:
Figure 5: Process for Obtaining a Certificate of Identity (CI):
Figure 6: Example of a Certificate of Identity:
Abbreviations:
CI: Certificate of Identity:
CBP: U.S. Customs and Border Protection:
DHS: U.S. Department of Homeland Security:
DOI: Department of the Interior:
FBI: Federal Bureau of Investigation:
ID: identification:
USCIS: U.S. Citizenship and Immigration Services:
[End of section]
United States Government Accountability Office:
Washington, DC 20548:
June 11, 2010:
The Honorable Nick J. Rahall, II:
Chairman:
Committee on Natural Resources:
House of Representatives:
The Honorable Madeleine Z. Bordallo:
Chairwoman:
Subcommittee on Insular Affairs, Oceans and Wildlife:
Committee on Natural Resources:
House of Representatives:
The Honorable Donna M. Christensen:
House of Representatives:
The Honorable Eni F. H. Faleomavaega:
House of Representatives:
American Samoa, a U.S. insular area,[Footnote 1] operates both its
customs and immigration programs independent of the United States
government.[Footnote 2] As such, the American Samoa government
regulates such activities as the importation of cargo and the entry of
aliens to American Samoa according to its local customs and
immigration laws, which are different than United States' customs and
immigration laws.[Footnote 3] Because American Samoa is the only
insular area that operates both its own customs and immigration
programs, this has raised questions about whether this arrangement
introduces any risks to the security of American Samoa or the rest of
the United States. As a result, you requested that we review aspects
of American Samoa's customs and immigration programs. In particular,
this report discusses American Samoa's operations of its customs and
immigration programs; and the extent to which federal and American
Samoa agencies have identified potential risks, if any, to American
Samoa or the rest of the United States as a result of the operations
of American Samoa's customs and immigration programs.[Footnote 4]
In order to understand the operations of American Samoa's customs and
immigration programs, we reviewed available U.S. and American Samoa
immigration and customs statutes; regulations, policies, and
procedures for American Samoa's customs program; and training and
passenger screening guidelines for U.S. customs and immigration
programs. To supplement the document reviews and analyses, we visited
American Samoa and interviewed American Samoa government officials in
the executive, legislative, and judicial branches of government--
including leaders and staff directly involved with administering and
enforcing American Samoa's customs and immigration programs--in order
to enhance our understanding of American Samoa's customs and
immigration operations and procedures. We also observed the
performance of certain functions within American Samoa's Office of the
Attorney General and the Immigration Office, which included observing
the processes for applying for and issuing Certificates of Identity
(CI) and American Samoa alien identification (ID) cards; as well as
operations at the Customs Division of the American Samoa Department of
Treasury, which included a cargo container inspection at the seaport.
These observations provided us with first-hand accounts of procedures,
as well as a better understanding of the logistics involved within
these specific functions. Additionally, we received data from the
American Samoa Department of Legal Affairs for calendar years 2007
through 2009 on various indicators, including the number and types of
documents used by airline passengers traveling from American Samoa to
Hawaii, the number of registered aliens in American Samoa, and the
number of alien overstayers and expired alien ID cards. To determine
the sufficiency of the data, we asked the Department of Legal Affairs
a series of questions related to database usage, controls, and
safeguards and determined that the data were sufficiently reliable for
our reporting purposes.
To understand the potential risks, if any, to American Samoa and the
rest of the United States as a result of the operation of American
Samoa's customs and immigration programs, we reviewed available U.S.
and American Samoa risk or threat assessments, and interviewed
American Samoa law enforcement and government officials, and compared
these findings to the Standards for Internal Control in the Federal
Government.[Footnote 5] Additionally, we interviewed officials within
U.S. agencies who may have knowledge or interaction with American
Samoa's customs or immigration programs, such as certain Department of
Homeland Security (DHS) components, including U.S. Customs and Border
Protection (CBP), Immigration and Customs Enforcement, the
Transportation Security Administration, U.S. Citizenship and
Immigration Services (USCIS), and the U.S. Coast Guard in both
Washington, D.C., and Honolulu, Hawaii, as Hawaii is the first port of
entry for flights arriving from American Samoa. We also met with
officials from the Department of the Interior's (DOI) Office of
Insular Affairs in Washington, D.C., and in American Samoa; and with
officials from the Federal Bureau of Investigation (FBI) in Honolulu,
Hawaii, and in American Samoa who have the potential for interaction
with the government of American Samoa on a regular basis. We also met
with officials from the Department of State's Bureau of Consular
Affairs, Bureau of Diplomatic Security, and Honolulu Passport Office
to further understand any potential risks. Additionally, in evaluating
the potential risks to American Samoa and the rest of the United
States as a result of the operation of American Samoa's customs and
immigration programs, we used the Internal Control Standards for risk
assessments and DHS's risk management framework.[Footnote 6]
We conducted this performance audit from June 2009 to June 2010 in
accordance with generally accepted government auditing standards.
Those standards require that we plan and perform the audit to obtain
sufficient, appropriate evidence to provide a reasonable basis for our
findings and conclusions based on our audit objectives. We believe
that the evidence obtained provides a reasonable basis for our
findings and conclusions based on our audit objectives.
Background:
American Samoa, the only inhabited U.S. insular area in the southern
hemisphere, is located about 2,600 miles southwest of Hawaii (see
figure 1). American Samoa consists of five volcanic islands and two
coral atolls, covering a land area of 76 square miles--slightly larger
than Washington, D.C. The capital of American Samoa, Pago Pago, is
located on the main island of Tutuila, which is mostly rugged terrain
with relatively little level land. Most of American Samoa's economic
activity--primarily tuna canning and government operations--takes
place on Tutuila in the Pago Pago Bay area. In late September 2009,
one of American Samoa's two tuna canneries closed operations and
American Samoa also experienced an earthquake and tsunami, which
caused considerable damage.
Figure 1: Location of American Samoa:
[Refer to PDF for image: map]
The map indicated the location of American Samoa in the Pacific Ocean,
in relation to Hawaii and the mainland of North and South America.
Sources: GAO and Map Resources (map art).
[End of figure]
According to the latest data available, American Samoa had a
population of about 63,780 in 2005.[Footnote 7] At that time, the
foreign-born population (non-U.S. citizens or nationals), mostly from
the independent state of Samoa, comprised approximately one-third of
American Samoa's total population (see figure 2).[Footnote 8] The
American Samoa Department of Commerce estimated that in 2008, 45
percent to 55 percent of the total population was foreign born. Unlike
residents born in Guam, the Commonwealth of the Northern Mariana
Islands, or the U.S. Virgin Islands, residents born and raised in
American Samoa are U.S. nationals and not U.S. citizens, though they
may become naturalized U.S. citizens.[Footnote 9] Like residents of
these other insular areas, though, residents of American Samoa have
many of the rights of citizens of the 50 states, but cannot vote in
U.S. presidential elections and do not have voting representation in
the final approval of legislation by the full Congress.[Footnote 10]
Residents of American Samoa vote for a congressional delegate who has
all congressional privileges, including a vote in committee, except a
vote in the House of Representatives.
Figure 2: American Samoa Population, 1980 through 2005:
[Refer to PDF for image: stacked vertical bar graph]
Year: 1980[A];
Total population: 32,297;
Neither U.S. citizens nor nationals: 11,514;
Percentage: 35.7%;
U.S. citizens or nationals: 20,783;
Percentage: 64.3%.
Year: 1990;
Total population: 46,773;
Neither U.S. citizens nor nationals: 17,031;
Percentage: 36.4%;
U.S. citizens or nationals: 29,742;
Percentage: 63.6%.
Year: 2000;
Total population: 57,291;
Neither U.S. citizens nor nationals: 20,251;
Percentage: 35.3%;
U.S. citizens or nationals: 37,040;
Percentage: 64.7%.
Year: 2005;
Total population: 63,780;
Neither U.S. citizens nor nationals: 21,370;
Percentage: 33.5%;
U.S. citizens or nationals: 42,410;
Percentage: 66.5%.
[A] For 1980, the definition of U.S. citizen included people born in
the United States, the Commonwealth of the Northern Mariana Islands,
Guam, and American Samoa. Persons with place of birth not reported are
classified as not U.S. citizens.
[End of figure]
American Samoa does not have an organic act that establishes the
relationship between American Samoa and the United States;[Footnote
11] however, two deeds of cession were initially completed between
Samoan chiefs, or matai, and the United States in 1900 and 1904
[Footnote 12] and ratified by the federal government in 1929.[Footnote
13] In these deeds, the United States pledged to promote peace and
welfare, to establish a good and sound government, and to preserve the
rights and property of the people. The U.S. Navy was initially
responsible for federal governance of American Samoa. Then, in 1951,
federal governance was transferred to the Secretary of the Interior,
which continues today. The Secretary of the Interior exercises broad
powers with regard to American Samoa, including "all civil, judicial,
and military powers" of government in American Samoa.[Footnote 14]
American Samoa has had its own constitution since 1960, and since
1983, the local American Samoa constitution may only be amended by an
act of Congress.[Footnote 15] The American Samoa constitution provides
for three separate branches of government--the executive, the
legislative, and the judicial.[Footnote 16] Nearly 40 American Samoa
departments, offices, and other entities within the executive branch
of the American Samoa government provide public safety, public works,
education, health, commerce, and other services. The legislature, or
Fono, is comprised of 18 senators and 20 representatives.[Footnote 17]
The American Samoa judiciary consists of a High Court and a District
Court under the administration and supervision of the Chief Justice.
[Footnote 18]
U.S. Customs and Immigration Laws Generally Do Not Apply in American
Samoa:
In general, U.S. customs and immigration laws do not govern the
customs and immigration programs in American Samoa. With respect to
customs law, federal regulations define the customs territory of the
United States to include the 50 states, the District of Columbia, and
Puerto Rico.[Footnote 19] As a result, U.S. customs requirements
applicable to the U.S. customs territory do not apply in U.S. insular
areas, including American Samoa.[Footnote 20] For example, in general,
goods imported into American Samoa are not inspected by federal
customs officials and are not subject to federal tariffs. Although
American Samoa is not considered part of the customs territory of the
United States, it is not treated as a foreign country either. Rather,
as a U.S. insular area, it is accorded special status with respect to
goods exported from American Samoa into the customs territory of the
United States. The Harmonized Tariff Schedule provides exemptions to
the general rates of duties for certain goods imported into the rest
of the United States from American Samoa.[Footnote 21] For example,
goods grown in American Samoa or produced or manufactured in American
Samoa from materials grown in American Samoa may be imported into the
rest of the United States duty-free, so long as the goods do not
contain foreign materials worth more than 70 percent of the goods'
total value.[Footnote 22]
With respect to federal immigration law, the Immigration and
Nationality Act defines the United States to include the continental
United States, Alaska, Hawaii, Puerto Rico, the U.S. Virgin Islands,
Guam, and the Commonwealth of the Northern Mariana Islands.[Footnote
23] As a result, U.S. immigration requirements for entering and
working in the United States generally do not apply in American Samoa,
and the American Samoa government, rather than the U.S. government,
governs the admission of aliens to American Samoa.[Footnote 24]
Because U.S. Customs and Immigration Laws Generally Do Not Apply in
American Samoa, There Is Little, If Any, Interaction between American
Samoa and U.S. Customs and Immigration Agencies:
Because U.S. customs and immigration laws generally do not apply in
American Samoa, and because of the resulting separate authorities for
American Samoa and U.S. customs and immigration programs, American
Samoa customs and immigration agencies and officials have little, if
any, interaction with the customs or immigration programs and
officials in the United States. Multiple U.S. agencies have
responsibilities over customs and immigration functions in the United
States and at the ports of entry--including CBP,[Footnote 25] USCIS,
[Footnote 26] and the Department of State's Bureau of Consular Affairs
[Footnote 27]--but none of these entities have a presence or staff in
American Samoa. There are, however, several U.S. agencies that
interact with the government of American Samoa and have staff based in
American Samoa. For example, the FBI has a resident office in American
Samoa which, since being established in December 2005, has addressed a
growing number of crimes in American Samoa, including public
corruption of high-ranking government officials, fraud against the
government, civil rights violations, and human trafficking.
Additionally, DOI has staff in American Samoa that help issue and
monitor federal grants provided to the government of American Samoa.
For example, in fiscal year 2008, the American Samoa government
expended approximately $114.4 million in grants from several U.S.
agencies, over $15.5 million of which was provided by DOI, but based
on our review of budget documents, none of those funds were used to
support American Samoa's customs or immigration programs.
Individuals born in American Samoa are U.S. nationals but not
citizens, unless they become naturalized U.S. citizens.[Footnote 28]
Travel between American Samoa and the rest of the United States is
considered travel between two U.S. border locations under Department
of State regulations and, as a result, passports are not required for
U.S. citizens or noncitizen nationals.[Footnote 29] U.S. nationals may
travel to the rest of the United States with a government-issued photo
ID and documentation establishing U.S. nationality. Although travel
from American Samoa to the rest of the United States is considered
domestic for purposes of passport requirements, because Honolulu,
Hawaii, is the travelers' first encounter with U.S. customs and
immigration officials, all passengers from American Samoa are screened
by CBP officers upon arrival at the Honolulu International Airport to
establish their identity and nationality and, if they are not U.S.
citizens or nationals, their admissibility to the United States.
[Footnote 30] A U.S. citizen or national may satisfy CBP of his or her
identity and nationality by showing a U.S.-issued passport or military
ID card, a birth certificate in combination with a photo ID, or an
American Samoa-issued CI.[Footnote 31]
While they do not have any staff based in American Samoa, staff from
the Department of State's Bureau of Consular Affairs and USCIS
interact with American Samoa residents applying for U.S. passports or
naturalization, respectively. U.S. nationals who live in American
Samoa may apply for U.S. passports through a Department of State-
approved passport acceptance agent at the U.S. Post Office in American
Samoa. Noncitizen nationals are subject to the same application
requirements as U.S. citizens and must show proof of their status as
U.S. nationals.[Footnote 32] The passport applications and supporting
materials are sent to the Department of State's Honolulu Passport
Office for processing and adjudication. If there is suspicion of
fraudulent documentation within an application package (e.g., a
suspicious birth certificate) the Honolulu Passport Office determines
the validity of submitted documents and requires applicants to submit
additional documents until staff are satisfied as to the documents'
authenticity. According to the Department of State, in 2008, over
3,300 U.S. passports were issued to individuals who listed American
Samoa as their place of birth.[Footnote 33]
USCIS reported that it received between 100 and 300 applications for
naturalization from noncitizen nationals from American Samoa--who may
reside elsewhere in the United States--each fiscal year from 2002
through 2009.[Footnote 34] Noncitizen nationals may naturalize if they
reside in any U.S. state for 3 months, pass an English and civics
test, and take an oath of allegiance.[Footnote 35] They must also pay
the $675 fee for naturalization.
American Samoa Operates Its Own Customs and Immigration Programs:
American Samoa operates its own customs and immigration programs,
which have separate organizational structures and functions and are
based on American Samoa laws, regulations, policies, and procedures.
American Samoa's Customs Division, within the Department of Treasury,
inspects passengers, baggage, and cargo, and collects excise taxes.
American Samoa's immigration program is managed by the Immigration
Office and the Immigration Board, both of which report to the Attorney
General of American Samoa. The Immigration Office is responsible for
alien ID issuance, daily immigration operations, and enforcement;
while the Immigration Board holds weekly hearings and makes decisions
on issues, such as aliens' work authorizations and transfers of
aliens' sponsorships. In addition to these functions that pertain to
processing applications from aliens who want to live or work in
American Samoa, the Office of the Attorney General also has
responsibility for issuing CIs for U.S. nationals, which includes U.S.
citizens and noncitizen nationals, wishing to travel to the rest of
the United States.[Footnote 36]
American Samoa's Customs Division Inspects Passengers and Cargo and
Collects Excise Taxes:
Under the authority of the American Samoa Department of Treasury, the
overall function of the Customs Division is to administer and enforce
all excise tax laws, and to intercept illicit imports of narcotics,
weapons, ammunition and other contraband at the ports of entry. It is
authorized to develop policies and procedures necessary for the proper
functioning of the Customs Division. American Samoa customs law
provides that all persons entering or leaving American Samoa may be
searched by a customs officer and all merchandise or baggage imported
or brought into American Samoa is to be inspected by a customs
officer.[Footnote 37] Additionally, all passengers and crew members,
regardless of citizenship, must make a customs entry and declaration
upon arrival in American Samoa and all items acquired abroad must be
declared in writing.[Footnote 38] Any vessel arriving in American
Samoa is required to provide certain documents, such as manifests, and
is subject to being boarded and examined by American Samoan customs
officials.[Footnote 39] All imports that arrive in American Samoa are
to be taken into custody and released by the Customs Division after
being inspected. According to port administration officials,
approximately 1,000 vessels come through the Pago Pago seaport
annually and about 50 cargo containers, on average, arrive at the
seaport each day and have to be inspected prior to release by the
Customs Division. American Samoa customs law states that cargo
containers may be inspected on location at the official point of entry
or removed to other locations, such as the respective places of
business, for inspection.[Footnote 40] As such, cargo containers may
not be opened by importers until officially inspected and released by
the Customs Division in writing.[Footnote 41] Importers are required
to pay certain excise taxes on goods[Footnote 42] and no imports are
to be released until all fees and excise taxes have been paid in full.
[Footnote 43] An excise tax of 5 percent is imposed on items imported
for commercial use or resale in American Samoa and certain items, such
as alcohol, tobacco, and motor vehicles, are taxed at higher rates
prescribed by law.[Footnote 44] All monies due pursuant to excise tax
laws are collected by the Customs Division and are to be deposited
with the Treasurer of American Samoa.
The Customs Division's fiscal year 2009 budget was $1.2 million and it
has 55 employees who work within its six branches, as shown in figure
3. The Customs Division's collection of excise taxes generated over
$18.5 million in revenue for the government of American Samoa in
fiscal year 2009--22 percent of the government's total general fund
revenues for that year. Typically, excise tax revenues are to be
deposited into the general fund and available for appropriation by the
American Samoa legislature, or Fono.
Figure 3: American Samoa Department of Treasury Organizational Chart:
[Refer to PDF for image: Organizational Chart]
Tope level:
Treasurer.
Second level, reporting to the Treasurer:
Deputy Treasurer.
Third level, reporting to the Deputy Treasurer:
Tax Division;
Finance Division;
Customs Division.
Fourth level, reporting to the Customs Division:
Revenue Collection Branch;
Compliance and Training Branch;
Inspection Branch;
Airport Branch;
Vessels Branch;
Detector Dog Unit.
Source: GAO analysis of information provided by the American Samoa
Department of Treasury.
Note: This figure reflects the placement and relationship of offices
within the Department of Treasury with customs functions and
responsibilities, but does not include the complete details for all
other offices within the Department of Treasury.
[End of figure]
The Customs Division maintains standard operating procedures that
provide written policies and procedures that define duties,
responsibilities, and privileges for Customs Division staff and also
detail consequences for violating the laws of American Samoa and the
written policies and procedures. Additionally, the Customs Division
developed a Code of Conduct that articulates the standards of behavior
and conduct required of employees in an effort to ensure that the
integrity of the Customs Division is maintained. According to the
Chief Customs Officer, all Customs officers rotate functions every 3
to 6 months to help prevent complacency and corruption. He added that
Customs supervisors are also required to perform random inspections to
ensure Customs officers are sufficiently inspecting the imported cargo
containers.
According to the Chief Customs Officer, because the Customs Division
does not have an automated computer system for tracking cargo
container arrivals and inspections, all Customs Division functions are
tracked manually. He stated that it would be extremely beneficial to
be able to automate the system that tracks the offloading and
inspections of cargo containers and the collection of excise taxes. He
added that he is in the process of determining the most suitable
automated system for the American Samoa Customs Division and once he
finds a system that suits their needs, he intends to submit an
application for a technical assistance grant from DOI.[Footnote 45]
American Samoa's Immigration Office and Immigration Board Administer
the Immigration Program and the Attorney General Approves the Issuance
of Certificates of Identity:
American Samoa's immigration program is responsible for, among other
things, managing aliens arriving in American Samoa.[Footnote 46]
Aliens may enter American Samoa for up to 30 days on visitor or
business entry permits[Footnote 47] and certain aliens may apply to
reside in American Samoa for more than 30 days based on family
relationships with American Samoans (or permanent residents in
American Samoa) or for employment reasons.[Footnote 48] Immigration
law in American Samoa provides for 12 separate classifications of
aliens to remain in American Samoa for more than 30 days; however,
some of the categories are subject to numerical limits.[Footnote 49]
Any aliens entering and remaining in American Samoa must have
sponsors.[Footnote 50] In general, American Samoa's immigration
program has many of the same elements as the U.S. immigration program,
such as numerical limits on the number of aliens that may enter, or
preferences for specific categories of aliens; however, American
Samoa's immigration program also has some unique aspects, such as
special allowances for aliens from the Independent State of Samoa.
Additional information on American Samoa's immigration program,
including alien categories and numerical limitations, is provided in
appendix I.
American Samoa's immigration program is administered by the
Immigration Office and the Immigration Board, both of which are housed
within the Department of Legal Affairs and are under the authority and
guidance of the Attorney General of American Samoa, as shown in figure
4. The Immigration Office, and the sections that report to it, are
responsible for the daily operations of immigration functions,
including issuing immigration ID cards, as well as tracking and
enforcing quotas on aliens. The Immigration Board has responsibility,
among other things, for approving applications for alien work permits
and for authorizing aliens to remain in American Samoa and register as
lawfully present. The Office of the Attorney General, also within the
Department of Legal Affairs, is responsible for issuing CIs for U.S.
nationals who wish to travel to the rest of the United States, among
other things.
Figure 4: American Samoa Department of Legal Affairs Organizational
Chart:
[Refer to PDF for image: Organizational Chart]
Top level:
Attorney General.
Reporting to the Attorney General:
Immigration Board.
Second level, Reporting to the Attorney General:
Deputy Attorney General.
Third level, Reporting to the Deputy Attorney General:
Office of the Attorney General[A];
Immigration Office;
Office of the Territorial Registrar;
Bureau of Consumer Protection.
Fourth level, reporting to the Immigration Office:
Airport Section;
Seaport Section;
Investigation Section;
Board Section;
Operations Section;
Records Section.
Source: GAO analysis of information provided by the American Samoa
Department of Legal Affairs.
Note: This figure reflects the placement and relationship of offices
within the Department of Legal Affairs with immigration functions and
responsibilities, but does not include the complete details for all
other offices within the Department of Legal Affairs.
[A] The Attorney General of American Samoa has broad authority over
several agencies; however, the Office of the Attorney General is also
the office that houses criminal prosecutors who support the Attorney
General.
[End of figure]
Immigration Office Duties and Responsibilities:
The American Samoa Immigration Office, in concert with the Immigration
Board, administers the processes by which aliens may enter American
Samoa. The Immigration Office is headed by the Chief Immigration
Officer with a staff of 40 employees. In fiscal year 2009, the
Immigration Office had a budget of $805,000 and generated $1.78
million in total revenue from the various application and entry fees
it collected. According to Immigration Office officials, their
functions include inspecting documents for all persons entering
American Samoa, receiving applications for entry permits and petitions
for aliens to remain in American Samoa, and enforcing immigration
laws.[Footnote 51] Further details on the various functions of the
Immigration Office are contained in the sections that follow.
Inspecting Documents:
All persons entering or leaving American Samoa may be searched by one
or more immigration officers and asked to provide documentation, such
as a valid passport or travel document.[Footnote 52] Immigration
officers have authority, under certain circumstances, to interrogate,
search, and arrest certain arriving passengers.[Footnote 53] According
to the American Samoa Department of Commerce, in calendar year 2008,
72,999 individuals traveled to American Samoa, of which 6,995 arrived
for employment reasons.
Issuing Alien Identification Cards:
According to Immigration Office officials, every alien with a
classification that allows the alien to remain in American Samoa for
longer than 30 days is registered and has an alien ID card that is
valid for 1 or 3 years, depending on the alien's classification.
Immigration officials explained that safeguards are in place regarding
alien ID cards. For example, each alien ID card has a hologram image
that is designed to make the card more difficult to counterfeit.
Maintaining Records:
Since 2003, the Immigration Office has used a computer system to
maintain the records of lawfully present aliens and permanent
residents. This computerized system is able to track the registration
of aliens and the issuance of most entry permits. American Samoan
government officials added that the Immigration Office has a separate
computer system, funded by a 2003 grant from DOI's Office of Insular
Affairs, which maintains data on passengers who arrive and depart
American Samoa via the airport or seaport through scanning or entering
data from the passengers' travel documents into the system. The
officials noted, though, that the two separate computerized systems--
one for tracking alien registrations and one for tracking arrivals and
departures--do not have any links between them, so that the data from
the immigration system that tracks the registration of aliens and
issuance of entry permits are not automatically updated or matched
with data on arriving and departing passengers. The officials
indicated they could benefit from additional upgrades to the systems
to allow them to be linked and added that they are in the early
process of developing a proposal for obtaining funding from DOI for
upgrading the computer systems.
Investigating Violations of Immigration Law:
The Immigration Office staffs an Investigation Section that is
responsible for investigating and charging aliens who are in violation
of American Samoa immigration laws. Court officials we met with in
American Samoa stated that in an effort to assist with enforcement,
the American Samoa District Court requires an immigration officer to
be present during criminal proceedings to verify the immigration
status of defendants. According to court officials we met with,
approximately 60 percent of the defendants who have appeared in
District Court in recent months for a variety of criminal offenses are
aliens.
Immigration Board Duties and Responsibilities:
The American Samoa Immigration Board hears cases and determines, for
example, if aliens are authorized to remain in American Samoa and
register as lawfully present aliens.[Footnote 54] The board,
consisting of five members who are appointed by the Governor with
consent and approval of the legislature, is overseen by the Attorney
General. A board member can be appointed no more than twice, and the
appointment term is 5 years. The Immigration Board holds hearings once
a week and hears cases, such as requests for work authorizations and
transfers of sponsorship. Immigration Board members refer cases to the
Attorney General for review of its decisions if the Attorney General
directs the board to do so or if the chair or the majority of the
board believes the case should be referred. In addition to reviews of
board decisions by the Attorney General, the High Court of American
Samoa has appellate jurisdiction over decisions of the Immigration
Board.[Footnote 55]
Office of the Attorney General's Process for Issuing Certificates of
Identity:
The Office of the Attorney General is responsible for issuing CIs for
U.S. nationals who wish to travel to the rest of the United States,
among other things. Officials from the Office of the Attorney General
told us that, historically, the CI was intended to be used in the
event of an emergency, such as medical treatment needed that could
only be obtained off-island, or the unexpected death of a family
member in the United States, and the traveler could not obtain a
passport in time to travel. However, because the CI is easier and
faster to obtain by people in American Samoa, it has become more
convenient to use CIs for travel than obtaining a U.S. passport. An
authorizing official within the Office of the Attorney General stated
that they encourage people to apply for a U.S. passport because, while
it costs more up front, it is valid for 10 years compared to the CIs,
which are valid for 6 months. The official noted, though, that the CIs
have been a source of revenue to the government that would be lost if
the CIs were entirely replaced by passports. For example, the Office
of the Attorney General provided us data that showed that for fiscal
year 2009, CIs generated over $350,000 for the government of American
Samoa from fees associated with issuing over 7,100 CIs.[Footnote 56]
According to officials from the Office of the Attorney General, in
order to apply for a CI, a U.S. national must fill out the application
and provide documentation of U.S. nationality, such as his or her
birth certificate as issued from the American Samoa Vital Statistics
Office; a form of government-issued photo ID, such as a voter ID,
driver's license, military card, or expired passport; and submit a
passport-sized photo and the $50 processing fee. Additionally, if an
individual is under the age of 18, the parents or legal guardians are
required to provide their own ID, and an ID for the child, such as a
school ID with a photo. If individuals change their names due to a
marriage or divorce, official documentation is required.
As shown in figure 5, once all application materials are complete,
officials within the Office of the Attorney General explained that
they instruct each applicant to pay the $50 fee to the cashier in the
Immigration Office.[Footnote 57] The applicant is provided a receipt
that shows proof the $50 fee was paid and the receipt includes the CI
application number so the payment can be tied to the correct CI
application. The applicant then brings the receipt, the completed CI
application, and supporting materials to the CI Office outside the
Office of the Attorney General to be processed by the staff. According
to the Deputy Attorney General, applications for CIs are generally
processed and issued in 1 to 2 business days. In comparison, it takes
about 4 to 6 weeks for the Department of State to process and issue a
U.S. passport. According to staff of the Office of the Attorney
General, there is no computerized system to track CI applications or
issuance and all records maintained are paper-based and manually filed.
Figure 5: Process for Obtaining a Certificate of Identity (CI):
[Refer to PDF for image: illustration]
Applicant:
Goes to office to pick up blank application;
Fills out application, provides birth certificate, photo ID, and
passport-sized photo.
Office of the Attorney General, Visa and CI Section:
Are materials complete?
In no: Instruct applicants on required materials;
If yes: Instructs applicant to pay fee to cashier.
Applicant:
Pays $50.
Immigration Office cashier:
Receives $50 and provides receipt with CI number.
Applicant:
Brings receipt back to the Office of the Attorney General.
Office of the Attorney General, Visa and CI Section:
Prepares CI packet for approval. Types out CI, attaches documents and
receipt, affixes photo, and stamps with official seal.
Deputy Attorney General reviews application:
Meets approval:
If no: application denied;
If yes: Signed and dated.
CI copy filed.
Applicant received CI.
Source: GAO analysis of the Certificate of Identity application
process provided by the American Samoa Office of the Attorney General.
[End of figure]
The letter-sized CI document features an attached photo of the
individual, two circular "Attorney General, Govt. of American Samoa"
stamps, as well as a unique CI identification number featured in the
upper left-hand corner, as depicted in figure 6. There are three
individuals within the Office of the Attorney General with
authorization to stamp CIs. Both the stamped seals and the ID numbers
on the CI are in red ink.[Footnote 58] The CIs are signed--generally
by the Attorney General or Deputy Attorney General--for approval prior
to being provided to the applicants.
Figure 6: Example of a Certificate of Identity:
[Refer to PDF for image: illustration]
Generic example of a Certificate of Identity.
Source: American Samoa Office of the Attorney General.
Note: The photograph and personal information have been altered by GAO
to protect the identity of the individual. In shading the photo to
protect the applicant's identity, the stamped seal that covers the
bottom left corner of the photo was also obscured.
[End of figure]
U.S. and American Samoan Officials Report Concerns about American
Samoa's Operations of Its Customs and Immigration Programs, but No
U.S. Agency Has Performed a Risk Assessment:
U.S. and American Samoa agencies report that American Samoa's
operations of its customs and immigration programs may pose risks to
American Samoa and the rest of the United States, but no U.S. agency
has performed a risk assessment. According to U.S. and American Samoan
government officials we met with, potential risks from the customs
program's operations primarily affect American Samoa, whereas
potential risks related to the immigration program's operations affect
both American Samoa and the rest of the United States. According to
these officials, potential risks to the government of American Samoa
from its customs operations include lost revenues and the possible
aiding of criminal activities based on allegations of inadequate
enforcement. Regarding American Samoa's immigration program, U.S. and
American Samoan government officials stated their principal concerns
are that current enforcement practices may lead to (1) exploitation of
aliens by sponsors, (2) incidents of human trafficking, (3) overstays
by aliens, and (4) exceeding numerical limits of aliens. In contrast,
the potential risks identified by U.S. officials for the rest of the
United States are more limited. In particular, U.S. officials
identified little to no potential risks to the rest of the United
States based on American Samoa's customs operations. According to U.S.
officials we met with, the potential risk to the rest of the United
States from American Samoa's immigration operations is illegal
immigration into the rest of the United States as a result of
travelers fraudulently obtaining documentation, such as a CI, in
American Samoa. However, U.S. officials we met with, including CBP,
acknowledged that they do not know the magnitude of fraudulently
issued CIs or the potential threat and consequences to the United
States as a result of fraudulently issued CIs because no assessment
has been performed of the risks posed by the continued use of the CIs
as identity and nationality documents for U.S. nationals.
Potential Risks to American Samoa Are Related to Inadequate
Enforcement of Existing Customs and Immigration Laws:
Inadequate Enforcement of Customs Laws Leads to the Potential for
Aiding Criminal Activities and Lost Revenues:
A threat assessment issued by the government of American Samoa in
December 2005 reported that inadequate enforcement of customs laws has
led to incidents related to insufficient container inspections;
allegations of Customs officers accepting bribes; and the smuggling of
drugs, firearms, and other illegal contraband. American Samoan law
enforcement officials we met with told us these same concerns still
exist.[Footnote 59] The Customs Division's Code of Ethics and Conduct
states that, "it is the duty of the customs officer to enforce the
laws of American Samoa and that a failure to properly conduct
inspections of merchandise is a violation of the Standard Operating
Procedures and Policies and will result in disciplinary action."
According to the Chief Customs Officer, since June 2002, a total of
six officers have been removed from duty for violations associated
with corruption, misconduct, or drug or alcohol use.[Footnote 60]
Another effect of inadequate enforcement of customs laws is that there
is the potential for lost revenues for the government if proper excise
taxes are not collected on goods imported in each imported cargo
container. While the Customs Division has written policies and
procedures, and also has certain internal controls in place--such as
rotating staffs' responsibilities so that the same customs officers do
not always inspect containers at the same businesses--there is no
automated computer system within the Customs Division to track cargo
manifests, container inspections, verification of deposits, parcel
taxes at the post office, or inter-island ferry excise taxes. The
Chief Customs Officer recognizes this is a weakness and told us that
an automated computer system would help the division track cargo
container inspections and undervalued or undeclared merchandise and
contraband, and that he is working to obtain a computerized system
that would be appropriate for American Samoa's volume of container
traffic.
Current Immigration Enforcement Practices Have Led to the Potential
for Human Trafficking, Alien Overstays, and Exceeding Alien Quotas:
According to federal officials from DOI and the FBI, as well as
American Samoan government officials we met with, current enforcement
practices of immigration laws have led to a variety of concerns,
including the exploitation of aliens by sponsors, incidents of human
trafficking, alien overstays, and exceeding numerical limits on
aliens. Additionally, American Samoa government's 2005 threat
assessment reported a lack of management and oversight control by
immigration officials with regard to the enforcement of policies and
procedures.
As of March 31, 2010, the Immigration Office reported 20,282 aliens in
American Samoa for employment reasons, which is about 58 percent of
the estimated 34,874 aliens in American Samoa. In general, aliens
entering and remaining in American Samoa, including those who enter
for employment reasons, must have a sponsor. According to FBI and
American Samoa government officials, there are instances in which
employment sponsors exploit aliens under the threat of revoking their
sponsorship and having them deported. As reported in the 2005 threat
assessment, a number of immigrants from Taiwan, China, and the
Philippines, were pursuing employment opportunities and allowed to
enter American Samoa under the sponsorship of owners of a variety of
businesses, and were forced into servitude or prostitution once they
arrived (i.e. human trafficking).[Footnote 61]
Among the most notable cases of human trafficking in American Samoa is
U.S. v. Lee, which was one of the largest human trafficking cases ever
prosecuted by the U.S. Department of Justice.[Footnote 62] This 2001
case involved about 200 Chinese and Vietnamese victims who were
recruited to work in an American Samoa garment factory. In 2003, Lee
was convicted in the U.S. District Court of Hawaii of involuntary
servitude, conspiring to violate civil rights, extortion, and money
laundering. The 2005 threat assessment reported that the full
dimension of the problem of human trafficking in American Samoa is
difficult to measure, but noted that intelligence showed there
continue to be victims of human trafficking in American Samoa and that
human trafficking is a major source of profit for organized crime
syndicates. According to the threat assessment, human trafficking is a
difficult issue for local law enforcement because there is no American
Samoa human trafficking law or avenue for prosecution locally. The
legislature in American Samoa is considering legislation to
criminalize human trafficking and categorize it as a felony in
American Samoa law but, to date, no such legislation has been enacted.
According to FBI and American Samoan government officials, there are
also instances in which numerical limits on aliens are not adequately
enforced and aliens overstay their visits. Immigration law in American
Samoa allows for 12 separate classifications of aliens to reside in
American Samoa for more than 30 days; however, some of the categories
are subject to numerical limits. The extent of this issue is unknown,
as the Immigration Office does not have documented policies and
procedures that define how the office is to enforce the numerical
limits. If an alien enters American Samoa on a 30-day entry permit and
stays longer than the 30-day period, he or she is tracked in the
Immigration Office database as an overstayer, according to Immigration
Office officials. According to data from the Immigration Office, there
were over 2,600 alien overstayers for fiscal year 2009. Immigration
Office officials explained that often the overstayers expect to have
their residency authorized within that 30-day time frame, but they do
not understand that it takes longer. Additionally, 7,572 aliens had
expired ID cards as of March 2010, which means the aliens' ID cards
had expired and had not been renewed. Immigration officials told us
they track these individuals, make contact with their sponsors, and
try to determine the reason they have not renewed their cards.
The American Samoa legislature, in addition to its actions on human
trafficking legislation, is also considering draft legislation that
will make changes to existing immigration law. Some of the proposed
changes include creating a Department of Immigration as its own stand-
alone department, outside of the Department of Legal Affairs, and to
make it subject to annual audits by the territorial auditor. The draft
legislation also includes reductions to the numerical limits on
aliens. Further, the standards for sponsoring an alien for employment
reasons would change to require additional proof of the need for the
alien workers and a written contract defining the agreement between
sponsors and aliens. While these legislative efforts would appear to
address some of the concerns identified by American Samoan and U.S.
law enforcement officials, the legislation is not final and so it is
too soon to tell what impact the legislation, if passed, will have on
addressing the identified concerns.
U.S. Government Officials Report a Potential Risk Is Aliens Unlawfully
Gaining Entry to the Rest of the United States via American Samoa:
U.S. government officials we met with representing DHS, the Department
of State, and the FBI stated that a potential risk to the United
States associated with American Samoa administering its own customs
and immigration programs is illegal immigration into the rest of the
United States as a result of travelers obtaining false documentation
in American Samoa. The potential for illegal entry by aliens into the
rest of the United States from American Samoa raises questions as to
whether current practices in American Samoa can be used by criminals
and terrorists to jeopardize the security of the United States. As
stated in CBP's Fiscal Year 2009-2014 Strategic Plan, illegal
immigration compromises national security as aliens unlawfully gaining
entry to the United States create a pathway for illegal entry and a
demand for false documentation and identities.[Footnote 63] This is a
threat to national security as terrorists might exploit the same
vulnerabilities that such aliens currently use. Furthermore, a January
2010 presidential memorandum stated that DHS should aggressively
pursue enhanced screening technology, protocols, and procedures,
especially in regard to aviation and other transportation sectors, and
strengthen international partnerships and coordination on aviation
security issues.[Footnote 64]
According to data provided by the American Samoa Department of Legal
Affairs, as shown in table 1, while a majority of U.S. nationals and
citizens traveling to Hawaii from American Samoa during the past 3
years have traveled with a U.S. passport (an average of 72.2 percent),
the second most commonly used document for travel by U.S. nationals
and citizens was the CI (an average of 19.5 percent).[Footnote 65]
Table 1: Data on Documents Presented by U.S. Nationals and U.S.
Citizens Departing Pago Pago, American Samoa, to Honolulu, Hawaii,
during Calendar Years 2007, 2008, and 2009:
Document presented (category of traveler): U.S. passport;
2007: Total travelers: 16,532;
2007: Percentage of travelers: 70.0%;
2008: Total travelers: 16,903;
2008: Percentage of travelers: 73.5%;
2009: Total travelers: 16,609;
2009: Percentage of travelers: 73.2%.
Document presented (category of traveler): Certificate of Identity;
2007: Total travelers: 5,015;
2007: Percentage of travelers: 21.2%;
2008: Total travelers: 4,395;
2008: Percentage of travelers: 19.1%;
2009: Total travelers: 4,076;
2009: Percentage of travelers: 18.0%.
Document presented (category of traveler): ID card and original birth
certificate;
2007: Total travelers: 1,550;
2007: Percentage of travelers: 6.6%;
2008: Total travelers: 1,173;
2008: Percentage of travelers: 5.1%;
2009: Total travelers: 1,333;
2009: Percentage of travelers: 5.9%.
Document presented (category of traveler): U.S. military ID;
2007: Total travelers: 518;
2007: Percentage of travelers: 2.2%;
2008: Total travelers: 526;
2008: Percentage of travelers: 2.3%;
2009: Total travelers: 682;
2009: Percentage of travelers: 3.0%.
Document presented (category of traveler): Total;
2007: Total travelers: 23,615;
2007: Percentage of travelers: 100.0%;
2008: Total travelers: 22,997;
2008: Percentage of travelers: 100.0%;
2009: Total travelers: 22,700;
2009: Percentage of travelers: 100%[A].
Source: American Samoa Department of Legal Affairs.
[A] Percentages do not add to 100 percent due to rounding.
[End of table]
Honolulu, Hawaii, is the only location within the United States to
which flights from American Samoa arrive. Upon arrival in Honolulu,
passengers from American Samoa are inspected by CBP to establish their
identity and nationality, and if the passenger is an alien,
admissibility. For U.S. citizens and noncitizen nationals, identity
and nationality may be established, to the satisfaction of a CBP
officer, through the use of one or more documents, such as a U.S.-
issued passport or military ID, a birth certificate with photo ID, or
an American Samoa-issued CI.[Footnote 66] In addition, the CBP
officers use other techniques to verify a person's identity and
nationality, including asking questions and observing behavioral cues.
According to CBP, once a U.S. citizen or noncitizen national has
sufficiently demonstrated his or her identity and nationality to the
CBP officer, he or she is no longer subject to inspection for
admissibility. As with other airline passengers who arrive from
outside the United States and have not been previously screened by
CBP, if there is any suspicion of fraudulent documents or intent, CBP
officers may investigate the travelers from American Samoa further and
refer the travelers for additional, more in-depth questioning by CBP,
or additional investigation by U.S. Immigration and Customs
Enforcement or Department of State officers. Honolulu-based CBP
officers we spoke with who screen passengers arriving from American
Samoa could not identify any incidents in recent years in which a
passenger from American Samoa was determined to be traveling with a
fraudulent CI, or of a passenger being referred for additional
inspection because of a suspected fraudulent CI. The CBP officers also
stated that they have not identified any counterfeit U.S. passports
used by passengers arriving from American Samoa. However, while a CI
or U.S. passport may appear legitimate, it could have been improperly
obtained through the use of fraudulent identity documents, such as a
false birth certificate[Footnote 67] or driver's license, as reported
to us by American Samoan and U.S. law enforcement officials, and such
instances would be difficult for CBP to detect.[Footnote 68]
In November 2009, charges were filed in the High Court of American
Samoa against the Manager of the Office of Motor Vehicles for
conspiracy to commit forgery based on evidence that driver's licenses
had been issued fraudulently. Additionally, the American Samoa
Department of Homeland Security and Office of Independent Prosecutor,
with assistance from the resident FBI agent, initiated a full-scale
investigation centered on alleged improprieties in the Office of the
Attorney General and the Immigration Office.[Footnote 69] In January
2010, the Office of the Attorney General and the Immigration Office
were served search warrants to provide investigators with records
related to certain aliens in American Samoa, including all ledgers
related to CIs. While CBP has no direct knowledge of problems
regarding the use of CIs or passports that may have been obtained
using fraudulent documents, the Department of State has recently
changed its passport adjudication procedures as a result of these
allegations. Department of State officials we spoke with told us that
the potential for fraudulently obtaining CIs appeared to be a
vulnerability within the passport application process and, as a
result, they no longer accept CIs as the only form of identification
to support a U.S. passport application. Applicants may submit their
locally-issued American Samoa identification, but they will also need
to provide additional documentation. Additionally, the Department of
State no longer allows the Office of the Attorney General to serve as
a location for accepting passport applications. Rather, applications
for U.S. passports are only accepted through passport acceptance
agents at the U.S. Post Office in Pago Pago. Moreover, as a result of
evidence from the Independent Prosecutor's investigation, the
Department of State has undertaken an investigation to determine
whether passports were issued to individuals living in American Samoa
in recent years who are neither U.S. citizens nor noncitizen
nationals. According to State Department officials, while this
investigation will serve to enhance the security of the process for
obtaining U.S. passports, it will not address the reported
vulnerabilities in the process for issuing CIs.
A Risk Assessment Could Better Inform U.S. Agencies of the Risks
Associated with Aliens Fraudulently Obtaining Documents to Travel to
the Rest of the United States:
CBP officials we met with in Honolulu, Hawaii, who screen passengers
arriving from American Samoa, stated that instead of using the CI as a
document to establish identity and nationality for U.S. nationals
arriving from American Samoa, it would be easier to screen passengers
and prevent fraud if there was a more secure document establishing
identity and nationality for those travelers. However, U.S. agency
officials we met with, including CBP, acknowledged that they do not
know the magnitude of fraudulently issued CIs or the potential threat
and consequences to the United States as a result of fraudulently
issued CIs because no assessment has been performed of the risks posed
by the continued use of CIs as an identity document to facilitate
travel by U.S. nationals.[Footnote 70] The CBP officials stated that
no such risk assessment has been performed because CBP does not
generally initiate risk assessments of issues or programs related to
areas that are considered a part of the United States, such as
American Samoa, although such an assessment could help to better
define and understand the potential risks.
The federal government's Internal Control Standards call for the
establishment of internal controls to provide for an assessment of the
risks an agency faces from both external and internal sources.
[Footnote 71] Additionally, risk management plays an important role in
homeland security. Federal law has charged DHS with coordinating
homeland security programs through the application of a risk
management framework. DHS, within its National Infrastructure
Protection Plan (NIPP), established criteria for risk assessments.
[Footnote 72] Risk assessments help decision makers identify and
evaluate potential risks so that countermeasures can be designed and
implemented to prevent or mitigate the potential effects of the risks.
The NIPP characterizes risk assessment as a function of three elements
(1) threat--the likelihood that a particular asset, system, or network
will suffer an attack or an incident; (2) vulnerability--the
likelihood that a characteristic of, or flaw in, an asset, system, or
network's design, location, security posture, process, or operation
renders it susceptible to destruction, incapacitation, or exploitation
by terrorist or other intentional acts, mechanical failures, and
natural hazards; and (3) consequence--the negative effects on public
health and safety, the economy, public confidence in institutions, and
the functioning of government, both direct and indirect, which can be
expected if an asset, system, or network is damaged, destroyed, or
disrupted by a terrorist attack, natural disaster, or other incident.
Given the concerns raised regarding allegations of fraudulently
obtained documents and potential illegal immigration into the United
States, performing a risk assessment could better position U.S.
agencies to understand the extent of the threat, vulnerabilities, and
consequences associated with travelers fraudulently obtaining CIs and
using them as identity documents when coming to the rest of the United
States from American Samoa.
Conclusions:
While the majority of travelers to Honolulu, Hawaii, from American
Samoa in recent years have traveled with passports, and CBP has no
data on known use of fraudulent CIs to travel to the rest of the
United States from American Samoa, federal officials have stated that
illegal immigration into the United States by aliens using CIs
fraudulently obtained in American Samoa is a concern. Moreover, the
Department of State is aware of additional allegations concerning
aliens who may have fraudulently obtained U.S. passports and has
recently begun a new investigation. According to CBP, illegal
immigration compromises national security, as aliens unlawfully
gaining entry create a pathway for illegal entry and a demand for
false documentation and identities. However, no U.S. agency has
performed a risk assessment of the documents used to establish
identity and nationality by travelers coming from American Samoa and
the impact, in particular, that continued use of the CI as an
identification and nationality document may have on American Samoa and
the rest of the United States. Such a risk assessment could better
position relevant U.S. agencies to understand the extent of threats,
vulnerabilities, and consequences associated with the use of CIs, and
better inform decisions on which documents should continue to be used
for those wishing to travel to the rest of the United States from
American Samoa.
Recommendation for Executive Action:
To better understand the extent and significance of the possible risks
associated with aliens in American Samoa fraudulently obtaining
documents to travel to the rest of the United States and potentially
pursue U.S. citizenship, we recommend that the Secretary of DHS, in
consultation with the Secretary of the Departments of State and the
Interior, perform a risk assessment to (1) determine the extent of the
threats, vulnerabilities, and consequences associated with aliens
fraudulently obtaining CIs and using them to travel to the rest of the
United States from American Samoa: and (2) make a determination as to
whether CIs should continue to be an acceptable identification
document that establishes nationality for U.S. nationals wishing to
travel to the rest of the United States from American Samoa.
Agency and Third Party Comments and Our Evaluation:
We requested comments on a draft of this report from DHS, DOI, the
Department of State, and the Department of Justice, as well the
American Samoa government--to include the Office of the Governor,
leaders of the legislature, the Department of Treasury, and the
Department of Legal Affairs. DOI and the leaders of the American Samoa
legislature summarized their comments in letters, which are reprinted
in appendixes II and III, respectively. DOJ notified us through e-mail
that it had no comments and DHS notified us through e-mail that it
concurred with the recommendation. In addition to these responses,
U.S. Customs and Border Protection, the Department of State, and the
American Samoa Department of Treasury's Customs Division each provided
technical comments, which have been incorporated into the report, as
appropriate. The American Samoa government's Office of the Governor
and its Department of Legal Affairs did not provide comments.
As agreed with your office, unless you publicly announce its contents
earlier, we plan no further distribution of this report until 30 days
after its issue date. At that time, we will send copies of this report
to the Secretary of Homeland Security, appropriate congressional
committees, and other interested parties. In addition, this report
will be made available at no charge on the GAO Web site at [hyperlink,
http://www.gao.gov].
If you or your staffs have any questions about this report, please
contact Stephen L. Caldwell at (202) 512-8777, or c [Hyperlink,
caldwells@gao.gov] aldwells@gao.gov. Contact points for our Offices of
Congressional Relations and Public Affairs may be found on the last
page of this report. GAO staff who made key contributions to this
report are listed in appendix IV.
Signed by:
Stephen L. Caldwell:
Director, Homeland Security & Justice team:
[End of section]
Appendix I: Additional Details on American Samoa's Immigration Program:
This appendix includes additional details on American Samoa's
immigration program, such as information on visitors and aliens
seeking to reside in American Samoa for more than 30 days. In general,
American Samoa's immigration program has many of the same elements as
the U.S. immigration program, such as numerical limits on the number
of aliens who may enter, preferences for specific categories of aliens
based on the grounds of their classification (e.g., family
relationship or specific skills), and the ability of aliens to apply
for classification as permanent residents. However, American Samoa's
immigration program also has some unique aspects, such as special
allowances for aliens from the Independent State of Samoa, including
higher numerical limitations and a guest worker program specifically
for Samoans, the broad sponsorship requirements for aliens, and the
inability of aliens to naturalize or become U.S. nationals.
Visitors:
Visitors may enter American Samoa for tourism or business purposes for
up to 30 days on a visitor or business entry permit.[Footnote 73] Such
tourists or business persons must have a valid passport or other
travel document and a round-trip ticket to their point of origin or
onward passage to a destination beyond American Samoa.[Footnote 74]
Upon approval of the Attorney General or his or her designee, aliens
with 30-day permits may stay for an additional 30 days.[Footnote 75]
Aliens Seeking to Reside in American Samoa for More Than 30 Days:
Aliens may enter and reside in American Samoa based on their
relationship with American Samoans (or permanent residents in American
Samoa) or for employment reasons. Table 2 below summarizes the
classifications and the major characteristic of each classification.
Table 2: Alien Classifications in American Samoa and Their Primary
Characteristics:
Classification: AA;
Description: Person born outside of American Samoa, one of whose
parents is American Samoan;
Subject to numerical limitations: No;
Require work authorization from Immigration Board: No;
Frequency with which immigration ID must be renewed: 3 years;
Number of aliens with classification (as of March 31, 2010): 2,783.
Classification: BA;
Description: Immediate relative of American Samoan;
Subject to numerical limitations: No;
Require work authorization from Immigration Board: No;
Frequency with which immigration ID must be renewed: 1 year;
Number of aliens with classification (as of March 31, 2010): 4,565.
Classification: CA;
Description: Permanent resident;
Subject to numerical limitations: No (except applicants based on
length of residency alone);
Require work authorization from Immigration Board: No;
Frequency with which immigration ID must be renewed: 3 years;
Number of aliens with classification (as of March 31, 2010): 4,106.
Classification: SP;
Description: Employee of American Samoa or U.S. government, or member
of skilled, professional, or specialized labor that by Immigration
Board order is waived from numerical limitations;
Subject to numerical limitations: No;
Require work authorization from Immigration Board: Yes, for transfer
of sponsorship;
Frequency with which immigration ID must be renewed: 1 year;
Number of aliens with classification (as of March 31, 2010): 94[A].
Classification: GW;
Description: Guest worker of Samoan ancestry born in Samoa employed by
tuna cannery or call center[B];
Subject to numerical limitations: No;
Require work authorization from Immigration Board: No;
Frequency with which immigration ID must be renewed: 1 year;
Number of aliens with classification (as of March 31, 2010): 179[C].
Classification: P1;
Description: Unmarried children of American Samoans or U.S. citizens;
Subject to numerical limitations: Yes;
Require work authorization from Immigration Board: Yes;
Frequency with which immigration ID must be renewed: 1 year;
Number of aliens with classification (as of March 31, 2010): 1,209.
Classification: P2;
Description: Spouses or unmarried children of permanent residents;
Subject to numerical limitations: Yes;
Require work authorization from Immigration Board: Yes;
Frequency with which immigration ID must be renewed: 1 year;
Number of aliens with classification (as of March 31, 2010): 1,152.
Classification: P3;
Description: Brothers and sisters of American Samoans 21 years of age
and older;
Subject to numerical limitations: Yes;
Require work authorization from Immigration Board: Yes;
Frequency with which immigration ID must be renewed: 1 year;
Number of aliens with classification (as of March 31, 2010): 40.
Classification: P4;
Description: Members of the professions or persons of exceptional
skill in the sciences or the arts;
Subject to numerical limitations: Yes;
Require work authorization from Immigration Board: Yes, for transfer
of sponsorship;
Frequency with which immigration ID must be renewed: 1 year;
Number of aliens with classification (as of Mar. 31, 2010): 2,921.
Classification: P5;
Description: Skilled or unskilled labor, not of a temporary or
seasonal nature;
Subject to numerical limitations: Yes;
Require work authorization from Immigration Board: Yes, for employment
outside of domestic or agricultural work;
Frequency with which immigration ID must be renewed: 1 year;
Number of aliens with classification (as of March 31, 2010): 17,088.
Classification: P6;
Description: Married children of American Samoans;
Subject to numerical limitations: Yes;
Require work authorization from Immigration Board: Yes;
Frequency with which immigration ID must be renewed: 1 year;
Number of aliens with classification (as of March 31, 2010): 722.
Classification: P7;
Description: Person authorized by the Attorney General or Immigration
Board;
Subject to numerical limitations: Yes;
Require work authorization from Immigration Board: Yes;
Frequency with which immigration ID must be renewed: 1 year;
Number of aliens with classification (as of March 31, 2010): 15.
Classification: Total number of aliens;
Number of aliens with classification (as of March 31, 2010): 34,874.
Source: American Samoa Immigration Office.
[A] Immigration officials reported that, until fiscal year 2010,
individuals with SP classification had been included in the P4
classification category. As a result, some individuals currently
counted as P4 actually have SP classification.
[B] Currently, there is no call center in American Samoa.
[C] As noted above, one of the tuna canneries in American Samoa closed
in September 2009, leaving about 2,000 people, many of whom had a
guest worker classification, unemployed.
[End of table]
Family-Based Classifications:
Certain aliens may enter and reside in American Samoa based on their
relationship with American Samoans or permanent residents in American
Samoa. For example, individuals born outside of American Samoa, one of
whose parents was born in American Samoa of Samoan ancestry, are
considered American Samoan and may obtain an AA classification if
those individuals register with the Immigration Board within 3 years
of their 18th birthday.[Footnote 76] Such individuals must have a
sponsor. Sponsors must be either an American Samoan or U.S. national
who resides in American Samoa or a business licensed in American
Samoa, and sponsors are responsible for the alien's medical bills,
taxes, and public debts, among other things.[Footnote 77]
Aliens who are immediate relatives of American Samoans may obtain a BA
classification in American Samoa.[Footnote 78] Such relatives include
children and spouses of American Samoans and parents of American
Samoans at least 21 years of age.[Footnote 79] Other aliens who have
certain family relationships with American Samoans may request an
alien classification in American Samoa. These aliens must have a
sponsor,[Footnote 80] are subject to numerical limitations,[Footnote
81] and approval for a classification is granted in order of
preference.[Footnote 82] See table 3 for the classifications, in order
of preference, with the numerical limitation of aliens from each
category per fiscal year.
Employment-Based Classifications:
Aliens may also apply to come to American Samoa for employment
reasons. For example, aliens who are members of the professions or
persons of exceptional ability in the sciences or the arts may apply
for a P4 classification,[Footnote 83] and aliens who are capable of
performing skilled or unskilled labor for which there is a shortage of
employable and willing people in American Samoa may apply for a P5
classification.[Footnote 84] Aliens applying for these classifications
are subject to numerical limitations and category preferences, as
shown in table 3.[Footnote 85] For P4 aliens, their employer serves as
their sponsor, and they may apply to the Immigration Board for
permission to transfer sponsorship to another employer.[Footnote 86]
Aliens with the P5 classification are primarily domestic or
agricultural workers, and they must reside with and engage in domestic
or agricultural work for their sponsors.[Footnote 87] According to
Immigration Board policy, after 1 year, they may apply to the board
for authorization for outside employment. American Samoans may sponsor
only one P5 alien unless they can demonstrate to the Immigration Board
that more than one person is required for domestic work due to the age
or infirmity of the sponsor or a member of the sponsor's family or,
with respect to agricultural workers, that the sponsor needs more than
one agricultural worker and the sponsor can afford the care of the
workers in all ways while they are in American Samoa.[Footnote 88]
Table 3: Classifications, in Order of Preference, with Numerical
Limitations for Each Classification per Fiscal Year:
Classification: P1;
Description: Unmarried children of American Samoans or U.S. citizens;
Home country: From Samoa;
Numerical limitation per fiscal year: 50.
Classification: P1;
Description: Unmarried children of American Samoans or U.S. citizens;
Home country: From other foreign nation;
Numerical limitation per fiscal year: 20.
Classification: P2;
Description: Spouses or unmarried children of permanent residents;
Home country: From Samoa;
Numerical limitation per fiscal year: 50.
Classification: P2;
Description: Spouses or unmarried children of permanent residents;
Home country: From other foreign nation;
Numerical limitation per fiscal year: 20.
Classification: P3;
Description: Brothers and sisters of American Samoans 21 years of age
and older;
Home country: From Samoa;
Numerical limitation per fiscal year: 25.
Classification: P3;
Description: Brothers and sisters of American Samoans 21 years of age
and older;
Home country: From other foreign nation;
Numerical limitation per fiscal year: 10.
Classification: P4;
Description: Members of the professions or persons of exceptional
skill in the sciences or the arts;
Home country: From Samoa;
Numerical limitation per fiscal year: 25.
Classification: P4;
Description: Members of the professions or persons of exceptional
skill in the sciences or the arts;
Home country: From other foreign nation;
Numerical limitation per fiscal year: 10.
Classification: P5;
Description: Skilled or unskilled labor, not of a temporary or
seasonal nature;
Home country: From Samoa;
Numerical limitation per fiscal year: 60.
Classification: P5;
Description: Skilled or unskilled labor, not of a temporary or
seasonal nature;
Home country: From other foreign nation;
Numerical limitation per fiscal year: 24.
Classification: P6;
Description: Married children of American Samoans;
Home country: From Samoa;
Numerical limitation per fiscal year: 25.
Classification: P6;
Description: Married children of American Samoans;
Home country: From other foreign nation;
Numerical limitation per fiscal year: 10.
Classification: P7;
Description: Person authorized by the Attorney General or Immigration
Board;
Home country: From Samoa;
Numerical limitation per fiscal year: 15.
Classification: P7;
Description: Person authorized by the Attorney General or Immigration
Board;
Home country: From other foreign nation;
Numerical limitation per fiscal year: 6.
Source: American Samoa Immigration Office.
[End of table]
There are two employment-based classifications that are not subject to
the numerical limitations. First, there is a special provision
category for aliens who are employed by the American Samoa government,
the United States government or who are members of skilled,
professional, or specialized labor that by Immigration Board order are
waived from the numerical limitations upon a showing of extenuating
circumstances.[Footnote 89] Special provision aliens are sponsored by
their employers and they may transfer sponsorship to another employer
only with the approval of the Immigration Board.[Footnote 90] There is
also a guest worker program specifically for aliens from Samoa who
work for the tuna cannery in American Samoa.[Footnote 91] Guest
workers do not need work authorization[Footnote 92] and do not have a
separate sponsorship requirement, as their classification is tied to
their employment, and the cannery is the only eligible employer.
[Footnote 93]
Permanent Resident Classification:
Some aliens may also apply for classification as permanent residents.
In order to become a permanent resident, a person must either (1) be
physically and legally present in American Samoa for a continuous
period of at least 20 years and of good moral character; (2) at the
time of being legally adopted by an American Samoan be 21 years of age
or younger or be legally adopted by an American Samoan prior to
December 31, 1980; (3) have been legally married to an American Samoan
or a United States citizen and have resided in American Samoa for at
least 10 years; or (4) be a brother or sister of an American Samoan or
a married son or married daughter of an American Samoan and have
resided in American Samoa for at least 10 years.[Footnote 94] There is
a numerical limitation of 50 aliens who may be approved for
classification as permanent residents based on the residency
requirement alone. There is no numerical limitation for those applying
for permanent resident classification based on the other three
categories.[Footnote 95]
[End of section]
Appendix II: Comments from the Department of the Interior:
United States Department of the Interior:
Office Of Insular Affairs:
Assistant Secretary:
1849 C Street, NW:
Washington, DC 20240:
May 26, 2010:
Mr. Christopher Conrad:
Assistant Director:
Homeland Security and Justice:
U.S. Government Accountability Office:
Washington, D.C. 20548:
Dear Mr. Conrad:
The Department of the Interior's Office of Insular Affairs (OIA) has
reviewed the U.S. Government Accountability Office's Report Draft No.
GAO-I0-638 entitled American Samoa: Performing a Risk Assessment Would
Better Inform U.S. Agencies of the Risks Related to Acceptance of
Certificates of Identity. As stated in the Report, GAO was asked to
review the operations of American Samoa's customs and immigration
programs and the extent to which U.S. and American Samoa agencies have
identified potential risks in these programs. This is a timely review
due to heightened security across the U.S. and in light of the recent
Federalization of immigration in the Commonwealth of the Northern
Mariana Islands.
Although the Report concludes that there are no concerns related to
American Samoa's customs programs, the information about its
immigration programs is alarming.
OIA agrees with the Report recommendation that the Secretary of the
Department of Homeland Security (DHS), in consultation with the
Secretaries of the Departments of State and the Interior, should
conduct a risk assessment associated with obtaining and the continued
use of Certificates of Identity. OIA will communicate with DHS and, as
appropriate, assist in the review.
Over the past several years, OIA along with other Federal agencies
have provided direct funding to the American Samoa Government (ASG) in
response to proposals to implement improvements within the offices of
Customs and Immigration. Challenges exist in that some projects were
either not completed or not implemented as intended. OIA will review
its available resources and communicate with appropriate Federal
agencies to help identify Federal resources that may be made available
to assist the ASG to address some of the weaknesses identified in the
Report for areas of security, automated systems, and workforce
capacity within both the ASG's Customs Office and Immigration Office.
If you have any questions, please feel free to communicate with me
directly at (202) 208-6974 or Nikolao Pula, Director of the Office of
Insular Affairs, (202) 208-4736.
Sincerely,
Signed by:
Anthony M. Babauta:
Assistant Secretary for Insular Affairs:
[End of section]
Appendix III: Comments from Leaders of the American Samoa Legislature:
Legislature Of American Samoa:
American Samoa Government:
Gaoteote Palate Tofau:
President:
Savali Talavouale:
Speaker of the House:
Pago Pago, American Samoa 96799:
May 20, 2010:
Christopher Conrad:
Assistant Director:
U.S. Government Accountability Office:
Washington, D.C. 20545:
Re: Comments to GAO Report 10-638:
Dear Mr. Conrad:
We would like to express our appreciation for the opportunity to
review and comment on the referenced GAO Report: Performing a Risk
Assessment Would Better Inform US. Agencies of the Risks Related to
Acceptance of Certificates of Identity and for the time and effort you
and your staff dedicated to researching American Samoa's customs and
immigration systems and to preparation of this report.
After review, we generally concur with the findings and the conclusion
contained in the report and agree with the recommendation that
appropriate federal agencies conduct a risk assessment to determine
the extent of any threats, vulnerabilities and consequences associated
with aliens using false documents to travel from American Samoa to the
U.S. and to determine whether Cl's should continue to be an acceptable
identification document for U.S. Nationals traveling from the
Territory.
While it is our belief that review and evaluation of the CI program is
warranted and any abuses of the system should he appropriately dealt
with and corrected, we also feel it should be noted that the program
serves a special need for our people. Your data collection shows that
use of CI's has declined somewhat and over 75% of travelers from here
use either a passport or military ID. However, there still occur
instances when U.S. Nationals, without passports, are faced with
emergency situations, often familial in nature, that require them to
travel and the ability to utilize a CI as a travel document allows
them to do so, when otherwise, for various reasons, they would not.
We further want to stress, and any future assessment should he
cognizant of, the finding at page 26 of the Draft and elsewhere in the
report} that U.S. Customs and Border Protection officers could not
identify any incidences in recent years of travelers from American
Samoa using a fraudulent Cl as a passage document, nor of a traveler
from the Territory being referred for additional inspection.
Additionally, no cases of counterfeit U.S. passports for travelers
from American Samoa have been identified. Although we are not
dismissing the concerns mentioned, it should be pointed out that any
future assessment and evaluation of the program would go forward not
based upon known data of fraudulent use, but would be conducted on the
basis of "could have" and "possibly" scenarios. h should be
acknowledged that no travel document, whether generated in American
Samoa or elsewhere, is totally secure and free from fraudulent
creation or alteration.
Specifically from the legislative perspective, a properly and fairly
performed assessment of the CI program could provide useful
information for us in fashioning statutory mandates to establish
internal controls for and restrictions on the program which would
allow its continued use and, hopefully, eliminate any abuse and we
would welcome such information.
Lastly, we would inform you that the pending immigration reform bill
and the anti-human trafficking bill, with which you are familiar, are
pending further hearings in both chambers and we are looking forward
to continuing work on these extremely important measures when we
convene for our Fourth Regular Session in July.
Again, thank you for the time and attention paid to our customs and
immigration systems, both of which are of vital importance to American
Samoa. We hope to have you back in the Territory in the future.
Sincerely,
Signed by:
Gaoteote Palate Tofau:
President:
Signed by:
Savali Talavouale:
Speaker of the House:
[End of section]
Appendix IV: GAO Contact and Acknowledgments:
Contact:
Stephen L. Caldwell, (202) 512-8777 or c [Hyperlink,
caldwells@gao.gov] aldwells@gao.gov:
Acknowledgments:
In addition to the contact named above, Christopher Conrad, Assistant
Director, and Amy Sheller Martin, Analyst-in-Charge, managed this
review and Michele Lockhart made significant contributions to the
work. Jenny Chanley assisted with design and methodology, Emil Friberg
and Richard Hung provided additional technical and issue area
expertise, Barbara Hills helped to develop the report graphics, Lara
Kaskie provided assistance in report preparation, and Tracey King
provided legal support and analysis.
[End of section]
Related GAO Products:
American Samoa and Commonwealth of the Northern Mariana Islands:
Wages, Employment, Employer Actions, Earnings, and Worker Views Since
Minimum Wage Increases Began. [hyperlink,
http://www.gao.gov/cgi-bin/getrpt?GAO-10-333]. Washington, D.C.: April
8, 2010.
U.S. Insular Areas: Opportunities Exist to Improve Interior's Grant
Oversight and Reduce the Potential for Mismanagement. [hyperlink,
http://www.gao.gov/cgi-bin/getrpt?GAO-10-347]. Washington, D.C.: March
16, 2010.
Poverty Determination in U.S. Insular Areas. [hyperlink,
http://www.gao.gov/cgi-bin/getrpt?GAO-10-240R]. Washington, D.C.:
November 10, 2009.
Medicaid and CHIP: Opportunities Exist to Improve U.S. Insular Area
Demographic Data That Could Be Used to Help Determine Federal Funding.
[hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-09-558R].
Washington, D.C.: June 30, 2009.
Addressing Significant Vulnerabilities in the Department of State's
Passport Issuance Process. [hyperlink,
http://www.gao.gov/cgi-bin/getrpt?GAO-09-583R]. Washington, D.C.:
April 13, 2009.
Transportation Security: Comprehensive Risk Assessments and Stronger
Internal Controls Needed to Help Inform TSA Resource Allocation.
[hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-09-492]. Washington,
D.C.: March 27, 2009.
Department of State: Undercover Tests Reveal Significant
Vulnerabilities in State's Passport Issuance Process. [hyperlink,
http://www.gao.gov/cgi-bin/getrpt?GAO-09-447]. Washington, D.C.: March
13, 2009.
American Samoa: Issues Associated with Some Federal Court Options.
[hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-08-1124T].
Washington, D.C.: September 18, 2008.
Commonwealth of the Northern Mariana Islands: Managing Potential
Economic Impact of Applying U.S. Immigration Law Requires Coordinated
Federal Decisions and Additional Data. [hyperlink,
http://www.gao.gov/cgi-bin/getrpt?GAO-08-791]. Washington, D.C.:
August 4, 2008.
American Samoa: Issues Associated with Potential Changes to the
Current System for Adjudicating Matters of Federal Law. [hyperlink,
http://www.gao.gov/cgi-bin/getrpt?GAO-08-655]. Washington, D.C.: June
27, 2008.
Border Security: Security of New Passports and Visas Enhanced, but
More Needs to Be Done to Prevent Their Fraudulent Use. [hyperlink,
http://www.gao.gov/cgi-bin/getrpt?GAO-07-1006]. Washington, D.C.: July
31, 2007.
U.S. Insular Areas: Economic, Fiscal, and Financial Accountability
Challenges. [hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-07-119].
Washington, D.C.: December 12, 2006.
Risk Management: Further Refinements Needed to Assess Risks and
Prioritize Protective Measures at Ports and Other Critical
Infrastructure. [hyperlink,
http://www.gao.gov/cgi-bin/getrpt?GAO-06-91]. Washington, D.C.:
December 15, 2005.
U.S. Insular Areas: Multiple Factors Affect Federal Health Care
Funding. [hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-06-75].
Washington, D.C.: October 14, 2005.
American Samoa: Accountability for Key Federal Grants Needs
Improvement. [hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-05-41].
Washington, D.C.: December 17, 2004.
[End of section]
Footnotes:
[1] According to the Department of the Interior, an insular area is a
jurisdiction that is neither a part of one of the states nor a federal
district. Insular area is the current generic term to refer to any
commonwealth, freely associated state, possession, or territory. For
the purposes of this report, insular areas include American Samoa,
Guam, the Commonwealth of the Northern Mariana Islands, and the U.S.
Virgin Islands.
[2] The U.S. government operates the immigration functions in other
insular areas, such as Guam, the Commonwealth of the Northern Mariana
Islands, and the U.S. Virgin Islands; however, each of these insular
areas operates under its own customs laws.
[3] In this report, we use the term alien as it is defined in American
Samoa and U.S. law, to mean any person who is not a national or
citizen of the United States. Am. Samoa Code Ann. § 41.0202(1)(a); 8
U.S.C. § 1101(a)(3).
[4] Our analysis included risks of criminal activity as well as
terrorist risks. Terrorist risks include three elements: (1) threat--
the probability that a specific type of attack will be initiated
against a particular target/class of targets, (2) vulnerability--the
probability that a particular attempted attack will succeed against a
particular target or class of targets, and (3) consequence--the
expected worst case or worst reasonable adverse impact of a successful
attack.
[5] GAO, Standards for Internal Control in the Federal Government,
[hyperlink, http://www.gao.gov/products/GAO/AIMD-00-21.3.1]
(Washington, D.C.: November 1999).
[6] See GAO, Risk Management: Further Refinements Needed to Assess
Risks and Prioritize Protective Measures at Ports and Other Critical
Infrastructure, [hyperlink, http://www.gao.gov/products/GAO-06-91]
(Washington, D.C.: Dec. 15, 2005).
[7] American Samoa Government, Department of Commerce, Statistics
Division, Report of the 2005 American Samoa Household Survey. Data are
based on the 2005 household survey for American Samoa, which was not
completed and is available only in draft form. The American Samoa
government estimates that the population of American Samoa was 70,100
in 2009.
[8] Many citizens of the independent state of Samoa, some of whom are
spouses and relatives of American Samoans, reside in American Samoa on
a long-term basis.
[9] Under U.S. law, a U.S. national is either a citizen of the United
States or a person who owes permanent allegiance to the United States.
Because residents born in other insular areas are U.S. citizens, at
present there are only two categories of individuals who owe permanent
allegiance to the United States but are not U.S. citizens: individuals
born in American Samoa or with certain ties to American Samoa who have
not naturalized, and individuals who chose not to retain U.S.
citizenship under the collective naturalization provision of the
Covenant to establish the Commonwealth of the Northern Mariana
Islands. See 8 U.S.C. §§ 1408, 1101(a)(29); 48 U.S.C. § 1801 note.
Because the number of individuals in the second category is limited to
a handful of individuals at most according to USCIS, for the purposes
of this report, we use the term noncitizen nationals to refer to
individuals that are U.S. nationals but not citizens based on their
ties with American Samoa.
[10] 48 U.S.C. § 1731.
[11] In contrast, organic acts that establish their relationship with
the United States have been enacted for Guam and the U.S. Virgin
Islands; and the Commonwealth of the Northern Mariana Islands entered
into a covenant establishing its relationship with the United States.
[12] Samoan matai, or traditional leaders, signed the Cession of
Tutuila and Aunu'u in 1900 and the Cession of Manu'a Islands in 1904.
Later, in 1925, the U.S. acquired Swains Island. 43 Stat. 1357 (1925).
[13] 45 Stat. 1253 (1929) (codified at 48 U.S.C. § 1661).
[14] 48 U.S.C. § 1661(c); Exec. Order No. 10,264, 16 Fed. Reg. 6417
(1951).
[15] 48 U.S.C. § 1662a.
[16] Am. Samoa Const. art. II, III, IV.
[17] Am. Samoa Const. art. II, § 2.
[18] Am. Samoa Const. art. III; Am. Samoa Code Ann. tit. 3.
[19] 19 C.F.R. § 101.1.
[20] U.S. customs law also does not apply to the U.S. Virgin Islands,
Guam, or the Commonwealth of the Northern Mariana Islands.
[21] The U.S. Harmonized Tariff Schedule provides the applicable
tariff rates and statistical categories for all merchandise imported
into the United States. It is based on the international Harmonized
System, the global system of nomenclature that is used to describe
most world trade in goods.
[22] Harmonized Tariff Schedule of the United States, Note 3(a),
United States International Trade Commission (Washington, D.C. 2010).
[23] 8 U.S.C. § 1101(a)(38). U.S. immigration law was made applicable
in the Commonwealth of the Northern Mariana Islands beginning on
November 28, 2009. See GAO, Commonwealth of the Northern Mariana
Islands: Managing Potential Economic Impact of Applying U.S.
Immigration Law Requires Coordinated Federal Decisions and Additional
Data, [hyperlink, http://www.gao.gov/products/GAO-08-791] (Washington,
D.C.: Aug. 4, 2008).
[24] Although most provisions of immigration law do not apply to
American Samoa, specific provisions of law governing the control of
aliens departing the United States define the United States to mean
"all territory and waters, continental and insular, subject to the
jurisdiction of the United States." 8 U.S.C. § 1185(c). Regulations
issued pursuant to this law prohibit aliens from departing the United
States, defined to include American Samoa, if they fall into certain
categories that would make their departure prejudicial to the interest
of the United States. 8 C.F.R. pt. 215; 22 C.F.R. pt. 46. These
regulations were also incorporated in large part into the American
Samoa Administrative Code. Am. Samoa Admin. Code § 41.0501-.0506.
[25] U.S. Customs and Border Protection is a component of the
Department of Homeland Security (DHS) and has the primary
responsibility for detecting and preventing terrorists and weapons of
mass destruction from entering the United States, while facilitating
the orderly flow of legitimate trade and travelers. This requires
enforcing laws related to revenue and trade, seizure of contraband,
interdiction of agricultural pests and diseases, and admissibility of
persons.
[26] U.S. Citizenship and Immigration Services is a component of DHS
that is generally responsible for administering immigration benefit
programs within the United States (and in some cases, such as the
refugee program, abroad), including processing applications for
naturalization; petitions for permanent immigration; applications for
adjustment of status to lawful permanent resident; employment
authorization; extension or change of nonimmigrant status; and
humanitarian benefits including refugee admission, asylum, and
temporary protected status.
[27] The mission of the Department of State's Bureau of Consular
Affairs is to protect the lives and interests of American citizens
overseas, and strengthen U.S. border security while facilitating
legitimate travel to the United States. The bureau's responsibilities
include adjudicating U.S. citizenship and nationality and issuing
passports that enable Americans to travel internationally, protecting
the integrity of the U.S. passport as proof of U.S. citizenship, and
adjudicating eligibility for issuing all nonimmigrant and immigrant
visas to foreign visitors seeking entry to the United States.
[28] A person is also a U.S. national but not a citizen if that person
is (1) born outside of United States and American Samoa to parents
both of whom are nationals but not citizens of the United States and
have had a residence in the United States or American Samoa prior to
the birth of the person; (2) a person of unknown parentage found in
American Samoa while under the age of 5 years, until shown, prior to
attaining the age of 21 years, not to have been born in American
Samoa; or (3) born outside of the United States and American Samoa to
parents one of whom is an alien and the other a national but not a
citizen of the United States who, prior to birth of person, was
physically present in the United States or American Samoa for a period
or periods totaling not less than 7 years in any continuous period of
10 years, during which the national parent was not outside the United
States or American Samoa for a continuous period of more than 1 year,
and at least 5 years, or which were after attaining the age of 14
years. 8 U.S.C. § 1408.
[29] 22 C.F.R. § 53.2(a).
[30] There are generally two flights per week between Pago Pago,
American Samoa and Honolulu, Hawaii--the only "entry port" in the
United States from American Samoa.
[31] Aliens must present whatever documents are required at a U.S.
port of entry and must establish to the satisfaction of the inspecting
officer that they are admissible to the United States. 8 C.F.R. §
235.1(f)(1).
[32] Department of State requires passport applications to include
documentation that shows proof of citizenship or nationality and proof
of identity.
[33] According to Department of State officials, U.S. passports issued
to noncitizen nationals look like regular, blue U.S. passports, but
they contain a page at the back of the passport that states that the
individual is a U.S. national, but not a U.S. citizen.
[34] U.S. Department of Homeland Security, Office of Immigration
Statistics, 2009 Yearbook of Immigration Statistics (Washington, D.C.:
May 4, 2010).
[35] 8 C.F.R. § 325.2.
[36] Am. Samoa Code Ann. § 27.1003.
[37] § 27.1005.
[38] §§ 27.1007, 1009. Further, the U.S. Coast Guard has a Marine
Safety Detachment in American Samoa that conducts inspections of
vessels (fishing boats, ferries from other Samoan islands, research
vessels, and cruise ships) to ensure passenger and vessel safety. For
purposes of the Coast Guard inspections, the Port of Pago Pago,
American Samoa, is treated as a domestic (U.S.) seaport.
[39] § 27.1003(a), .1011(c).
[40] § 27.1011(c).
[41] § 11.1002.
[42] § 27.1019.
[43] § 11.1002.
[44] The Department of the Interior's Office of Insular Affairs
provides insular areas with technical assistance grants for a range of
technical projects.
[45] American Samoa's immigration program also controls the admission
of U.S. citizens and nationals into American Samoa. U.S. citizens and
nationals must have a passport, travel document, or certified birth
certificate to demonstrate nationality, as well as either a roundtrip
ticket or onward passage to a destination beyond American Samoa or
proof of employment and assignment to American Samoa. Am. Samoa Code
Ann. § 41.0502(a)(1).
[46] Am. Samoa Code Ann. § 41.0502(a)(3).
[47] In order to become a permanent resident, a person must either (a)
be physically and legally present in American Samoa for a continuous
period of at least 20 years and of good moral character; (b) at the
time of being legally adopted by an American Samoan be 21 years of age
or younger or be legally adopted by an American Samoan prior to
December 31, 1980; (c) have been legally married to an American Samoan
or a United States citizen and have resided in American Samoa for at
least 10 years; or (d) be a brother or sister of an American Samoan or
a married son or married daughter of an American Samoan and have
resided in American Samoa for at least 10 years. Am. Samoa Code Ann. §
41.0403(a).
[48] For example, 250 individuals from the Independent State of Samoa
and 100 individuals from other foreign countries (no more than 5 from
one country) can be granted one of these status categories each fiscal
year. Am. Samoa Code Ann. § 41.0301. Some alien groups are not subject
to the numerical limitations--for example, U.S. and American Samoa
government employees, guest workers (Samoans employed at the tuna
cannery), and immediate relatives of American Samoans. Further, under
the special provision alien category, aliens who are members of groups
of skilled, professional, or specialized labor are also not subject to
the numerical limitations upon a showing of extenuating circumstances.
Am. Samoa Code Ann. § 41.0301(d).
[49] Sponsors must be American Samoans, U.S. nationals, or businesses
licensed in American Samoa. Am. Samoa Code Ann. § 41.0408.
[50] Although some of the Immigration Office and Office of the
Attorney General functions are codified in Title 41 of the American
Samoa Code, the offices do not have written standard operating
procedures, or policies and procedures for their staffs.
[51] Am. Samoa Code Ann. § 41.0507.
[52] § 41.0510, .0512.
[53] All aliens require the Immigration Board's written approval for
authorization to work in American Samoa, except those classified as
American Samoans, immediate relatives of American Samoans, permanent
residents, and guest workers, who are Samoans authorized under a
specific guest worker program to work in the tuna cannery on the
island.
[54] The High Court may also hear habeas corpus cases, in which an
alien may challenge his or her detention, prior to deportation, as
unlawful.
[55] Fees for execution of U.S. passports generated over $360,000 in
fiscal year 2009, according to data provided by the American Samoa
Department of the Treasury.
[56] According to officials from the Office of the Attorney General,
prior instances of fraud and theft associated with issuing
Certificates of Identity (CI) led to changes in the issuance process.
The first of the changes was to require payment for CI applications to
be made with the cashier for the Immigration Office rather than with
the Office of the Attorney General, which separated this function from
the office that issued the CIs and has allowed for better financial
tracking and control over potential theft of funds.
[57] The stamps contained the initials of the reviewing officials,
which is an additional security measure that was taken to prevent
instances of fraud and theft, according to officials in the Office of
the Attorney General.
[58] Office of Territorial and International Criminal Intelligence and
Drug Enforcement (OTICIDE), American Samoa Government, American Samoa
Threat Assessment on Terrorism, Drug Trafficking, Human Trafficking
(Pago Pago, American Samoa, December 2005).
[59] The Customs Division had a total of 81 authorized and 55
positions filled, as of January 2010.
[60] Victims of trafficking are bought, sold, sometimes transported
across national boundaries, and forced to work in legal or illegal
situations, including the sex industry, sweatshops, domestic service,
and agriculture, among others. Trafficking with respect to peonage,
slavery, involuntary servitude, or forced labor is knowingly
recruiting, harboring, transporting, providing, or obtaining by any
means, any person for labor or services in violation of federal law
prohibiting peonage, slavery, involuntary servitude, and forced labor.
18 U.S.C. § 1590. Sex trafficking is knowingly recruiting, enticing,
harboring, transporting, providing, obtaining, or maintaining by any
means, a person while knowing, or in reckless disregard of the fact,
that means of force, threats of force, fraud, or coercion will be used
to cause the person to engage in a commercial sex act, or that the
person has not attained the age of 18 years and will be caused to
engage in a commercial sex act. 18 U.S.C. § 1591.
[61] See United States v. Kil Soo Lee, 159 F. Supp. 2d 1241 (D. Haw.
2001).
[62] U.S. Customs and Border Protection, Secure Borders, Safe Travel,
Legal Trade: U.S. Customs and Border Protection Fiscal Year 2009-2014
Strategic Plan, CBP Pub. No. 0401-0809 (Washington, D.C., July 2009).
[63] This memorandum was issued after receiving the conclusions of two
reviews related to the attempt to bring down a Detroit-bound flight on
December 25, 2009, by detonating an explosive device. The first was a
White House-led review of the U.S. terrorist watch list system and the
performance of the intelligence, homeland security, and law
enforcement communities related to the attempted attack. The second
review was led by DHS on technology and procedures used for airport
screening.
[64] Additionally, in 2009, 2,862 aliens traveled to Honolulu using a
foreign passport.
[65] Any individuals who have not demonstrated that they are U.S.
citizens or nationals are inspected as aliens and must have the
required documents to demonstrate admissibility to the United States.
[66] According to officials at the American Samoa Department of
Homeland Security, because of concerns over fraudulently obtained
birth certificates, the Vital Statistics Office (the office
responsible for issuing birth certificates) was moved under the
Department of Homeland Security, effective February 2007.
[67] According to CBP, many types of fraud can occur before the
passenger encounters CBP. For example, the passenger presents a valid
set of documents to obtain a CI but is an imposter with respect to the
valid documents, thus obtaining the CI by fraud; the subject alters
documents to obtain a CI, thus obtaining the CI by fraud; or a bona
fide CI, issued to the actual bearer, is used by an imposter, which is
a valid document being used for fraudulent purposes.
[68] On May 11, 2010, the Trial Division of the High Court granted a
motion to dismiss the charges against the Manager of the Office of
Motor Vehicles, finding that the statute establishing the office that
filed the charges, the Office of the Independent Prosecutor, violates
the separation of powers doctrine in American Samoa. On May 26, 2010,
the Independent Prosecutor filed an appeal with the Appellate Division
of the High Court.
[69] The Transportation Security Administration completed a
vulnerability assessment of the Pago Pago International Airport in
March 2004; however, the assessment was limited to examining the
airport facility and physical areas surrounding the airport and did
not assess documents used to travel from American Samoa to Hawaii.
[70] GAO, Standards for Internal Control in the Federal Government,
[hyperlink, http://www.gao.gov/products/GAO/AIMD-00-21.3.1]
(Washington, D.C.: November 1999).
[71] Department of Homeland Security, National Infrastructure
Protection Plan: Partnering to Enhance Protection and Resiliency
(Washington, D.C.: 2009).
[72] See Am. Samoa Code Ann. § 41.0502(a)(3).
[73] Am. Samoa Code Ann. § 41.0502(a)(3).
[74] § 41.0502(a)(3)(D).
[75] See § 41.0202(1)(c)(ii).
[76] § 41.0408.
[77] See § 41.0301(a), (b).
[78] § 41.0301(b).
[79] § 41.0408.
[80] § 41.0301.
[81] § 41.0303.
[82] See § 41.0303(a)(4).
[83] See § 41.0303(a)(5).
[84] §§ 41.0301(a), 41.0303(a)(4), (a)(5).
[85] See § 41.0408(h).
[86] § 41.0408(c)(3).
[87] § 41.0408(c)(1).
[88] See § 41.0301(d).
[89] See § 41.0408(h).
[90] § 41.0902.
[91] § 41.0410(h).
[92] § 41.0901(f). The program also allows a call center to act as a
sponsor; however, as of the issuance of this report, no call center
exists in American Samoa.
[93] § 41.0403(a).
[94] § 41.0403(b).
[End of section]
GAO's Mission:
The Government Accountability Office, the audit, evaluation and
investigative arm of Congress, exists to support Congress in meeting
its constitutional responsibilities and to help improve the performance
and accountability of the federal government for the American people.
GAO examines the use of public funds; evaluates federal programs and
policies; and provides analyses, recommendations, and other assistance
to help Congress make informed oversight, policy, and funding
decisions. GAO's commitment to good government is reflected in its core
values of accountability, integrity, and reliability.
Obtaining Copies of GAO Reports and Testimony:
The fastest and easiest way to obtain copies of GAO documents at no
cost is through GAO's Web site [hyperlink, http://www.gao.gov]. Each
weekday, GAO posts newly released reports, testimony, and
correspondence on its Web site. To have GAO e-mail you a list of newly
posted products every afternoon, go to [hyperlink, http://www.gao.gov]
and select "E-mail Updates."
Order by Phone:
The price of each GAO publication reflects GAO‘s actual cost of
production and distribution and depends on the number of pages in the
publication and whether the publication is printed in color or black and
white. Pricing and ordering information is posted on GAO‘s Web site,
[hyperlink, http://www.gao.gov/ordering.htm].
Place orders by calling (202) 512-6000, toll free (866) 801-7077, or
TDD (202) 512-2537.
Orders may be paid for using American Express, Discover Card,
MasterCard, Visa, check, or money order. Call for additional
information.
To Report Fraud, Waste, and Abuse in Federal Programs:
Contact:
Web site: [hyperlink, http://www.gao.gov/fraudnet/fraudnet.htm]:
E-mail: fraudnet@gao.gov:
Automated answering system: (800) 424-5454 or (202) 512-7470:
Congressional Relations:
Ralph Dawn, Managing Director, dawnr@gao.gov:
(202) 512-4400:
U.S. Government Accountability Office:
441 G Street NW, Room 7125:
Washington, D.C. 20548:
Public Affairs:
Chuck Young, Managing Director, youngc1@gao.gov:
(202) 512-4800:
U.S. Government Accountability Office:
441 G Street NW, Room 7149:
Washington, D.C. 20548: