THE ENHANCEMENT OF BORDER AND PORT-OF-ENTRY SECURITY

4/10/2002

THE HOUSE GOVERNMENT REFORM COMMITTEE OF THE HOUSE SUBCOMMITTEE ON CRIMINAL JUSTICE, DRUG POLICY, AND HUMAN RESOURCES

Chairman Souder, Ranking Member Cummings, distinguished members of the subcommittee, I would like to thank the Subcommittee on Criminal Justice, Drug Policy and Human Resources for the opportunity to testify on the enhancement of border and port-of-entry security.

As President of the National Treasury Employees Union (NTEU), I have the honor of leading a union which represents over 12,000 Customs employees who are stationed at 301 ports of entry across the United States. Customs inspectors and canine enforcement officers make up our nation=s first line of defense in the wars on terrorism and drugs. In addition, Customs personnel are responsible for ensuring compliance with hundreds of import laws and regulations, as well as stemming the flow of illegal contraband such as child pornography, illegal arms, weapons of mass destruction and laundered money.

With a FY2002 budget of approximately $3.1 billion and over 18,500 employees, the U.S. Customs Service continues to be the Nation=s premier border agency. The U.S. Customs Service interdicts more drugs than any other agency and ensures that all goods and persons entering and exiting the United States do so in compliance with over 400 U.S. laws and regulations at 301 points of entry across the country. Customs is also a revenue collection agency, collecting an estimated $25 billion in revenue on over 25 million entries involving over $1.3 trillion in international trade every year.

One of the most discussed ideas being debating on the topic of enhancing border and port-of-entry security, is the idea of border agency consolidation. The most talked about border agency consolidation proposal would combine the Customs Service, INS and the Border Patrol into one agency under the jurisdiction of the Department of Justice. I find this proposal to be extremely troubling.

One of the keys to operating any government agency is sound organization. It can ensure that problems reach their proper level of decision quickly and efficiently. More importantly, good organization helps assure accountability. Unfortunately, a border agency consolidation plan that would put the Customs Service under the jurisdiction of the Department of Justice would not improve, but exacerbate current border problems. The Justice Department has consistently shown that is has a poor record of accountability and lacks a sound organizational structure with regard to the two border security agencies currently under its jurisdiction, the INS and the Border Patrol.

Most recently, the INS notified flight schools of the approval of student visas for two of the September 11 hijackers six months after the terrorist attacks. The INS also mistakenly allowed four suspected Pakistani terrorists into the country without proper documentation and they cannot now be found. I would have to respectfully disagree with the view that consolidating the Customs Service with INS and the Border Patrol will achieve the goals of sound organization, accountability and enhanced border and port security, especially if the consolidation takes place within the Justice Department.

Consolidating these three organizations would also cause logistical and institutional chaos. It would take attention away from critical homeland security priorities. Yes, all three of these organizations deal with front line border and port security, but in very different capacities. Each of these agency=s missions are unique and should remain in their current structure. Ignoring each agency=s fields of expertise will lead to losing that expertise.

For example, Customs is charged with preventing contraband from entering the U.S. as well as preventing terrorists from using commercial or private transportation venues of international trade for smuggling explosives or weapons of mass destruction into or out of the United States. Customs personnel use advanced manifest information on goods to improve targeting systems to detect questionable shipments as well as deploying state of the art inspection technology at land borders, airports and seaports. Customs personnel also use advanced computer systems to compare international passenger information against law enforcement databases on a passenger-by-passenger basis to detect possible terrorists or criminals.

Whereas, the Border Patrol=s primary mission is the detection and prevention of illegal entry into the United States between ports of entry, the INS is tasked with the deterrence of unlawful entry of persons into the United States as well as facilitating lawful entry of persons entering the United States at ports of entry.

The Customs Service is also responsible for collecting over $25 billion in trade revenue each year. The structure of the Department of Justice has nothing to do with revenue collection or trade facilitation, two main missions of the U.S. Customs Service. Adding revenue collection and trade facilitation responsibilities to the Department of Justice=s mission would create a logistical mess and make it more difficult for U.S. companies that import and export goods.

Another popular argument in favor of consolidation involves the perceived lack of intelligence sharing between border security agencies. As any expert involved in law enforcement operations will tell you, the routine sharing of tactical intelligence is critical to all law enforcement operations, especially agencies tasked with border security. Since September 11, Customs and INS receive FBI intelligence briefings. These briefings should have happened on a regular basis before September 11, but these briefings demonstrate that consolidation isn=t necessary to improve intelligence sharing.

While some work still needs to be done in the area of cooperation and coordination of intelligence, all three agencies involved with border security functions have been working together as part of Intelligence Collection and Analysis Teams (ICATs). These teams have been created throughout the country to analyze smuggling trends and concealment methods, and to quickly disseminate intelligence to all ports of entry and Border Patrol checkpoints. These ICATs are comprised of Customs Inspectors and Agents, INS agents, INS analysts and, the U.S. Border Patrol as well as local law enforcement in some cases.

In Customs' case, no one doubts that the level of conveyances, cargo and passengers has increased dramatically over the last five years, but unfortunately its resources have not kept pace. Traffic volume at U.S. land ports-of-entry has steadily increased as our shared borders with Mexico and Canada have become more open as a result of the NAFTA and other initiatives. The steady increase in non-commercial traffic has led to increased congestion and backups at many land ports-of-entry, particularly those along the Southwest border.

Nearly 68 percent of non-commercial vehicles that enter the United States entered at land ports-of-entry along the Southwest border. Wait times along the Southwest border often extend to 45 minutes or more during peak hours. Such lengthy delays can be both irritating and costly to businesses and the traveling public. The lack of resources at ports-of-entry is also a problem along the Northern Border as well as seaports. The events of September 11 brought attention to the fact that the Northern Border and the nations= seaports have long been neglected in terms of personnel and resources.

In fact, Customs recent internal review of staffing, known as the Resource Allocation Model or R.A.M. shows that Customs needed over 14,776 new hires just to fulfill its basic mission and that was before September 11. What Customs needs in order to be successful and to continue to carry out its recently expanded mission of homeland security is greater funding.

For instance, with increased funding, modern technologies, such as Vehicle and Cargo Inspection Systems (VACIS), which send gamma rays through the aluminum walls of shipping containers and vehicles to enable Customs inspectors to check for illegal drugs or weapons of mass destruction, could be acquired. However, adequate and consistent funding to purchase, operate and maintain these technologies has not been forthcoming. There have been a number of instances around the country where multi-million dollar VACIS x-ray machines have not been used to their fullest extent because of the lack of funding available for Customs personnel to operate and maintain the machines.

Other technologies, coupled with proper personnel funding, such as portable contraband detectors (a.k.a. Busters), optical fiber scopes and laser range finders can be invaluable to Customs personnel protecting our borders from terrorists and illegal drugs.

The President=s FY2003 budget requests a funding level of $3.18 billion and 19,628 FTEs for the United States Customs Service. This request represents a token increase from last year=s appropriations. NTEU feels that this budget is simply inadequate to meet the needs of Customs personnel, especially in light of the incidents surrounding September 11th.

In 2001, Customs Service employees seized over 1.7 million pounds of cocaine, heroin, marijuana and other illegal narcotics B including over 9.5 million tablets of Ecstasy, triple the amount seized in 1999. Customs also processed over 497 million travelers last year, including 1 million cars and trucks and over $1.3 trillion worth of trade. These numbers continue to grow annually. Over the last decade trade has increased by 137%. It has become very clear that funding must be substantially increased in order to allow Customs to meet the challenges of the future, especially as Customs continues to have significantly higher workloads and increased threats along America=s borders.

Yet, despite the increased threats of terrorism, the dramatic increases in trade resulting from NAFTA, and new drug smuggling challenges, the Customs Service has confronted its rapidly increasing workload and homeland security mission with relatively static staffing levels and resources. In the last ten years, there have not been adequate increases in staffing levels for inspectional personnel and import specialists (the employees who process legitimate trade) to successfully conduct their missions.

The recent deployment of over 700 National Guard troops to our borders clearly shows the need for more Customs personnel. Currently, the National Guard troops are unarmed, which not only puts the Customs inspectors' lives in danger but that of the National Guard as well. In fact, a number of drug seizure cases have had to be dismissed because of the improper discovery and handling of illegal drugs by National Guard troops. These troops need to be removed from the borders and quickly replaced with highly trained Customs personnel.

Last year, Congress acknowledged the shortage of staffing and resources by appropriating $245 million for staffing and technology needs for both the Northern and Southwest Borders in the FY2001 emergency supplemental appropriations. We urge this Congress to again increase the funds available for additional inspectors and equipment in areas around the country that are experiencing the severe shortages. NTEU would also ask Congress to work to provide funding for the Customs Service in the FY2002 emergency supplemental appropriation, despite the Administration=s request, which called for no appropriations for the U.S. Customs Service.

In addition to appropriations, Customs also receives funds from the COBRA account. This user fee account funds all inspectors and canine enforcement officers= overtime pay as well as approximately 1100 Customs positions across the country. This account is funded with user fees collected from air/sea passengers except from the Caribbean and Mexico, commercial vehicles, commercial vessels/barges and rail cars.

The history of collections and obligations for COBRA over the last 5 years shows a significant drawing down of reserve money available in the COBRA fund for overtime and additional positions, to the point where a significant ($40 to $60 million) shortfall could be expected in 2002. Customs anticipates collecting approximately $300 million in COBRA fees during FY2002, well below the $350 million they project in COBRA obligations during FY2002.

To help remedy this problem, the President=s FY2003 budget proposes to temporarily increase two COBRA fees to raise an additional $250 million for personnel overtime and resource needs. The first involves the international air passenger fee, which would be raised from $5.00 to $11.00. The second fee increase involves the cruise vessel passenger fee, which would be raised from $1.75 to $2.00.

Unfortunately, Congress has been extremely reluctant to raise these fees in the past, so it is unlikely that this additional money will ever materialize. The Appropriations Committee must make sure that this $250 million is appropriated so that the Customs Service can continue its critically important work.

The COBRA fund will expire on September 30, 2003, unless it is reauthorized by Congress before then. However, the President=s FY2003 budget does not call for the reauthorization of COBRA. COBRA must be reauthorized or this Committee must appropriate additional funds to make up for the loss of the user fees.

Another issue that I would like to address is law enforcement status for Customs Inspectors and Canine Enforcement. The U.S. Customs Service Inspectors and Canine Enforcement Officers continue to be the nation=s first line of defense against terrorism and the smuggling of illegal drugs and contraband at our borders and ports. Customs Service Inspectors have the authority to apprehend and detain those engaged in terrorism, drug smuggling and violations of other civil and criminal laws. For example, it was Customs Inspectors who stopped a terrorist attack planned for New Years Day 2000 by identifying and capturing a terrorist with bomb making material as he tried to enter the country at Port Angeles, Washington.

Canine Enforcement Officers and Inspectors carry weapons, and three times a year they must qualify and maintain proficiency on a firearm range. Yet, they do not have law enforcement officer status. They are being denied the benefits given to their colleagues who they have been working beside to keep our country safe. Customs employees face real dangers on a daily basis, granting them law enforcement officer status would be an appropriate and long overdue step in recognizing the tremendous contribution Customs personnel make to protecting our borders from terrorism and drugs.

There are currently bills before Congress, HR 1841 and S 1935, that would grant law enforcement status to appropriate Customs personnel. NTEU asks all members of the committee to cosponsor these very important pieces of legislation.

The American public expects its borders to be properly defended. The government must show the public that it is serious about protecting the borders by fully funding the agencies tasked with defending the borders and laws of the United States. No organizational structure change will be successful, no matter how good it may look on paper, if the government does not provide proper funding for its border security agencies.

Thank you for the opportunity to share NTEU's thoughts on this very important issue. I look forward to working with the subcommittee on this and many other issues related to border security.