Commissioner Testifies on Land Border Enforcement Progress

(03/06/200Statement of W. Ralph Basham, Commissioner,
U.S. Customs and Border Protection,
Department Of Homeland Security

Before House Appropriations Committee,
Subcommittee on Homeland Security

March 6, 2008
Washington, D.C.

Chairman Price, Ranking Member Rogers, Members of the Subcommittee, it is a privilege and an honor to appear before you today to discuss the work of U.S. Customs and Border Protection, specifically the tremendous dedication of our men and women in the field both at and between our ports of entry.

I want to begin by expressing my gratitude to the Committee for the strong support you provided for important initiatives implemented by CBP last year. Your support has enabled CBP to make significant progress in securing our borders and protecting our nation against the terrorist threat. As the Commissioner of CBP, I look forward to working with you to build on these successes.

My testimony today focuses on land border enforcement, how the men and women on the front lines accomplish the goal of achieving control of our borders between the official ports of entry. I will also discuss our efforts to facilitate legitimate travel at our ports of entry. By way of background, CBP employs highly trained and professional personnel, resources, and law enforcement authorities to discharge our mission of enforcing the laws of the United States at our borders. This important work is primarily done at official ports of entry where legal goods and people are admitted into the U.S. and at the land borders between those ports of entry. CBP is the largest uniformed law enforcement agency in the country. We station 18,000 officers at access points around the nation – air, land, and sea ports. And we deploy over 15,000 Border Patrol agents between ports of entry to prevent illegal entry. These forces are supplemented with Air and Marine officers, agricultural specialists and other professionals.

As we work toward gaining control of our borders, we must also continue to perform our traditional missions, which include stemming the flow of illegal drugs and contraband, protecting our agricultural and economic interests from harmful pests and diseases, protecting American businesses from theft of their intellectual property, violations of textile agreements, import safety violations, the economy from monopolistic practices, regulating and facilitating international trade, collecting import duties, and enforcing United States trade laws. In FY 2007, CBP processed more than 414 million pedestrians and passengers, 124 million conveyances, 30 million trade entries, examined 5.6 million sea, rail, and truck containers, intercepted 877 thousand illegal aliens between our ports of entry, and seized more than 3 million pounds of narcotics.

My testimony will also discuss the CBP Fiscal Year 2009 budget request, which totals $9.49 billion in appropriated resources. This represents an increase of $1.6 billion, a 20 percent increase over Fiscal Year 2008. This increase is critical to help CBP to fulfill its priority mission. We must perform our important security and trade enforcement work without stifling the flow of legitimate trade and travel that is so important to our nation’s economy. These are our "twin goals": border security and facilitation of legitimate trade and travel.

Fiscal Year 2009 Budget Request
Mr. Chairman, while my testimony will focus on land border enforcement and facilitation of travel, I would also like to highlight the program increases in the CBP Fiscal Year 2009 budget request:

* $442 million for 2,200 new Border Patrol agents to gain and maintain control of the Nation’s border. This funding will also provide for 441 operational/mission support personnel to allow agents to perform enforcement functions and allow for the relocation of experienced supervisors and agents to needed locations. The funding also provides for the necessary training to support replacement vehicles, additional instructors, support staff, and equipment.
* $775 million for Secure Border Initiative (SBI) programs that will allow us to develop and deploy planned tower sites, communications and C3I for the Arizona and El Paso sectors, construct communications relay sites, purchase long lead items such as cameras, radars, and towers, and to construct access roads needed to prepare sites, deploy towers and tower technology and communications systems. This funding will also continue the integrated transportation program needed for detainee transportation.
* $4 million for an additional 24 CBP Air Interdiction Agents for Unmanned Aircraft Systems that will be operational by fiscal year 2009 and an additional $20 million to continue the execution of the Air and Marine National Strategic Plan.
* $107 million for the implementation of the Western Hemisphere Travel Initiative (WHTI). This funding will complete the roll-out of Radio Frequency Identification (RFID) infrastructure and technology in support of WHTI to cover 95 percent of land border traffic at the top 39 Ports of Entry.
* $25 million to hire 212 CBP Officers and 22 support positions to provide an increased capability to identify and address potential threats or harmful weapons at land border Ports of Entry on our borders with Mexico and Canada.
* $35.5 million for 238 new CBP Officers to support the deployment and operation of Radiation Portal Monitors at our seaports allowing CBP to conduct radiological scanning of arriving seaborne cargo and providing funding for the operation and maintenance of RPMs.
* $10 million to replace obsolete Non-Intrusive Imaging Systems (NII) used to inspect small-targeted cargo without the need for an intrusive manual search; an essential aspect of CBP’s layered enforcement strategy.
* $62.8 million to fund operations and maintenance required to sustain the US-VISIT systems. US-VISIT is critical in securing entry into the U.S. at the ports of entry and provide exit and entry information.
* $25 million for modernizing TECS, the primary subject record "watch list" database for DHS used for the biographic vetting of people entering the U.S. at ports of entry.
* $10 million for Terrorism Prevention Systems Enhancements (TPSE) that will provide 24/7 systems availability, network redundancy and monitoring in the passenger environment. This funding will also sustain infrastructure investments made to improve communications, power distribution, networking, and computer capability to support worldwide screening operations.
* $5 million to implement targeting methodology improvements in our Automated Targeting System for passengers that will enhance services in the field, accommodate increased volume of passengers and vehicles and incorporate intelligence information and techniques to allow officers to focus their efforts on passengers that warrant further attention.
* $160 million for new and expanded permanent facilities to accommodate current and increased Border Patrol Agent presence on both the Northern and Southwest Borders and to renovate CBP-owned land port of entry inspection facilities.
* $24 million for the CBP Intelligence Program.
* $5.3 million for 24 investigators and 5 support staff to provide a strong internal affairs capability to ensure proper conduct and integrity oversight.
* $1 million for additional staffing for CBP’s Regulatory Program.

Many of these program increases directly impact border security and I would like to begin by updating the Subcommittee on our continuing progress in securing our borders between the ports of entry.

Border Security Between the Ports of Entry
A national strategy to establish and maintain effective control of our Nation’s borders has been brought to fruition. This strategy consists of five objectives: 1) Establish substantial probability of apprehending terrorists attempting to illegally enter between ports of entry; 2) Deter illegal entries through improved enforcement; 3) Detect, apprehend, and deter smugglers of humans, drugs and other contraband; 4) Leverage "Smart Border" technology to multiply the effect of enforcement personnel, and 5) Reduce crime in border communities and consequently improve quality of life and economic vitality of targeted areas. The national strategy requires increasing our national security by augmenting enforcement resources along the northern and southern border. The proper balance in the deployment of personnel, equipment, intelligence, support, technology, and infrastructure is critical. Reducing our vulnerability to the entry of terrorists, illegal aliens and drugs by increasing personnel and resources, is the key to the successful implementation of this strategy.

CBP has requested an additional 2,200 new Border Patrol agent positions in Fiscal Year 2009. These additional agents are part of the incremental resource increases required to support the national strategy to gain effective control of the border. CBP will have over 20,000 Border Patrol agents by the end of September 2009 – more than double the workforce in 2001. I believe that our plan to add these additional Border Patrol agents in FY 2009 will be a significant step toward establishing a highly effective border security workforce.

CBP’s approach to border security strikes a balance among the factors that contribute to our success. Those factors include personnel and force multiplier tools such as fencing, the use of intelligence, other tactical infrastructure, technology, and air assets. Personnel alone, without those force multipliers, are less effective and efficient than they are with those tools.

The mission success of these additional Border Patrol agents is predicated on CBP also receiving additional technological and tactical infrastructure resources to complement the increase in agents. The technology (sensors, cameras, communication equipment, etc.) and tactical infrastructure (fencing, roads, and vehicle barriers) funded in the budget request act as force multipliers.

With the continued growth of the Border Patrol, the CBP Construction Program addresses requirements on the northern and southern borders for new and enhanced facilities to fulfill immediate operational needs, to accommodate increasing capacity demands associated with new agent, officer, pilot, and asset deployments, to modify or correct deficiencies within exiting structures, and to replace temporary structures with permanent solutions. Stations and sector facilities are critical to Border Patrol operations, in that they provide logistical support to the field agents, supplying strategically-located bases to improve mobility and promote maximum patrol time. Air and Marine facilities are critical to the protection of aviation and marine fleets, which allow for swift and integrated detection and interdiction efforts. The Construction Program directly supports the National Border Patrol Strategy as well as the Air and Marine Strategic Plan and it supports modernization of the facility requirements for officers at CBP-owned land border ports of entry.

DHS has made significant progress in securing our borders between the ports of entry. Today, 100 percent of Other Than Mexican (OTM) aliens apprehended along the southwest and northern borders that were subject to detention pending removal and were otherwise ineligible for release from custody under U.S. immigration law were detained. This is a stark contrast to 2005, when only 34 percent were detained. The success of this effort has been primarily based on DHS enhancements in additional bed space and the streamlined process for removal of aliens, or "Expedited Removal".

CBP has recently reorganized our intelligence and operations coordination functions to support our mission set and ensure our operators have timely access to relevant intelligence reporting that can be utilized to drive effective operations. One of my top priorities is to ensure that CBP is an intelligence driven organization. The intelligence initiatives outlined in the budget request, coupled with other ongoing and planned intelligence initiatives, will enable CBP to achieve this priority objective. The stand up of a 24 x 7 CBP National Intelligence Watch will ensure that the increasing volume of reporting will be analyzed, compiled, and disseminated to CBP enforcement offices in a timely manner, allowing perishable intelligence to be analyzed while it is most actionable. This will improve our ability to secure our borders by allowing officers and agents in the field to work with the most current intelligence information available, regardless of the time at which the intelligence is received.

Another critical component of the budget request is the funding needed to continue the growth of an anti-corruption program that ensures the identification and mitigation or elimination of vulnerabilities in the workforce. By Fiscal Year 2009, CBP will have a workforce of over 54,000, with frontline personnel conducting a mission that is vulnerable to corruption. Promoting the integrity of the CBP workforce is one of my highest priorities and with the alignment of an investigative function within CBP, efficiencies will continue to be realized by conducting investigations in closer cooperation with the operational management. Creating and continuing a strong anti-corruption program provides CBP management the visibility to address corruption and serious misconduct matters as they occur, strengthens the employee base and integrity assurance, and ensures that allegations are investigated thoroughly, objectively and timely by CBP investigators.

The budget request provides continued funding for the Secure Border Initiative (SBI) and reflects our desire to research, develop and install a technology and tactical infrastructure solution enabling a more effective and efficient method for controlling border security. The initial focus of SBInet technology and tactical infrastructure has been on the southwest land border sectors between the official ports of entry where there are serious vulnerabilities to border security. The budget request continues securing the southwest border while building towards a common operating picture (COP) for the southwest border within a command center environment and which will provide data to all Department of Homeland Security (DHS) agencies and strive for interoperability with stakeholders external to DHS.

The initial development and deployment of the COP is ongoing and builds upon our experience with Project 28. The COP we desire will enable users to make sound tactical, operational and strategic decisions; quickly inform CBP and other DHS components of strategic implications of mission success; rapidly exchange strategic, operational, and tactical information with supporting commands and interagency organizations; effectively plan, execute, and evaluate multiple mission events; and effectively interface with DHS partners to satisfy mission requirements.

The SBInet Tactical Infrastructure program is completing 370 miles of pedestrian fencing and 300 miles of vehicle fencing along the southwest border sectors by the end of calendar year 2008. This provides physical infrastructure to areas along the border where such infrastructure can be most effective, giving the Border Patrol flexibility to adjust their focus to other areas of need. To date, 168 miles of primary pedestrian fencing have been built and 135 miles of vehicle barriers are now in place.

We know these efforts to secure our borders are showing effectiveness. Apprehensions on the southwest border are down approximately 20 percent from the previous year. One important, if troubling, measure is the current trend in border violence. As we make progress in stemming the flow of illegal aliens, drugs and contraband, those who traffic in this illegal activity are becoming more aggressive in their efforts. Border Patrol has experienced a consistent increase in violence against agents. Fiscal Year 2007 saw the number of incidents of violence increase to the highest levels recorded since 2001. In the first quarter of Fiscal Year 2008, 300 assaults were perpetrated against Border Patrol agents, accounting for a 44 percent increase in violence over the same period in Fiscal Year 2007. We are extremely concerned about this persistently high level of attacks.

While much of our initial focus of is on the southwest border, DHS and CBP have taken many steps to improve security on the northern border. Additional Border Patrol agents have been deployed from the southwest border to the northern border with 1,500 expected by September 2009 and more than 2000 agents by 2010. Prior to September 11, 2001 the northern border was staffed with only 340 Border Patrol agents. We conduct joint operations with the Joint Task Force – North (JTF-N), continue pilot maritime technology projects incorporating ground based radar and proof of concept multi-sensor systems, and seek increased liaisons with our Canadian partners through Project North Star and the Integrated Border Enforcement Teams (IBET). In addition, CBP is expanding Air and Marine operations on the northern border, including the deployment of Unmanned Aircraft Systems such as the Predator.

To address known as well as potential threats at the northern border, we are creating a stronger, more proactive presence at and between ports of entry. Eight Border Patrol sectors encompassing 12 states stretch from the Pacific, across the Rocky Mountains, Great Plains, the Great Lakes, to the Atlantic. To best support our efforts, CBP Air and Marine has developed a plan to increase security along the northern border through the accelerated start up of operations at five locations. By spring of 2008, Air and Marine will have established the following five air wings on the northern border: Bellingham, Washington, Plattsburgh, New York, Great Falls, Montana, Grand Forks, North Dakota, and Detroit, Michigan. Northern border locations were selected to provide an interdiction/law enforcement response within one hour flight time. In addition, the North Dakota Air Branch in Grand Forks was chosen to provide a strategic, centrally located air branch at the northern border that will have an expanded role, and is currently under review to certify its operational readiness as a hub for Unmanned Aircraft Systems operations.

A key component of the partnership efforts among law enforcement entities on the northern border is the IBET. The mission of IBET is to enhance border integrity and security by identifying, investigating and interdicting persons or organizations that pose a threat to national security or are engaged in other organized criminal activity. IBET’s incorporate a mobile response capability and consists of six core Canadian and U.S. agencies with law enforcement responsibilities at the border.

Finally, in early 2007 with Congressional direction, CBP redirected a portion of the SBInet focus to the northern border, specifically in the Detroit, Michigan area. We have initiated a demonstration project utilizing at least $20 million from Fiscal Year 2007 funds to begin addressing northern border vulnerabilities using different technologies.

Travel Facilitation at the Ports of Entry
CBP welcomes more than 400 million travelers into the United States annually. While security will always be CBP’s primary mission – and is key to maintaining travelers’ confidence – we strive to make the process of entering the U.S. more streamlined, user-friendly and understandable.

CBP has worked very hard to improve our process for clearing and welcoming travelers into our country. In April of 2007 we launched the nation’s first “Model Portsâ€