Land Border Port Needs Identified at Cargo Security Hearing ("True" FAST Lanes, Better Staffing)

According to Subcommittee Chairman Sanchez's opening statement, the Subcommittee is focused on reviewing the growing challenge the Department of Homeland Security faces in identifying, interdicting, and investigating cargo security threats. Sanchez noted that the Subcommittee was interested in hearing from both government and industry witnesses about what is and what is not working.

Chairman hopes to move CBP authorization bill increasing CBP staffing. Sanchez concluded her opening remarks by noting that she has always advocated for an increase in CBP officer staff and hopes to be able to move a CBP authorization bill that would address that problem.

ATA Testifies on Challenges Facing Truckers at Land Borders

The American Trucking Associations testified on a variety of challenges faced by truckers at land borders and provided suggestions for improvement. Highlights of the challenges and suggestions include:

Need for true FAST lanes at ports of entry. ATA noted that the biggest challenge trucking companies face with the Customs-Trade Partnership Against Terrorism/Free and Secure Trade (C-TPAT/FAST) programs is the lack of "true" FAST lanes (i.e., lanes that extend far back from the port of entry, instead of FAST lanes that begin only a few yards prior to arrival at the primary inspection booth).

ATA stated that this results in low-risk C-TPAT carriers being stuck in the same traffic as non C-TPAT certified carriers and C-TPAT certified motor carriers with drivers who have undergone FAST background checks are not getting the benefits that were promised for investing to comply with the program.

ATA urged the Committee to consider alternatives for developing and implementing extended FAST lanes to ensure the security of C-TPAT operations, by keeping these low risk vehicles moving and segregated from regular traffic.

Suspension from C-TPAT for single security incident. According to ATA, another major challenge motor carriers face regarding participation in the C-TPAT program is the fact that a single security incident that involves a motor carrier tends to result in the immediate revocation of that carrier's C-TPAT status. ATA states that a single security incident should not result in a motor carrier being automatically suspended unless an investigation demonstrates "systematic security" problems and a lack of proper security measures by the trucking company.

Carriers generally pleased with e-manifest. ATA stated that although the Automated Commercial Environment (ACE) system has suffered through a number of challenges, including service interruptions, malfunctions of the in-bond system and of the FAST-ACE interface, carriers are generally happy with the new e-manifest system. According to ATA, the development and implementation of ACE/International Trade Data System (ITDS) is an essential component in accelerating the flow of commerce while also improving the ability of CBP to analyze and target data entries.

Information exchange with Canada, Mexico. The trucking industry encouraged the U.S. government, in cooperation with both Canada and Mexico, to improve and to facilitate the capture and exchange of information on goods and people crossing U.S. land borders. ATA recommended that the government move forward with an aggressive timeline in implementing both a Smart Border Accord between the U.S. and Canada and the 22 Point Plan between the U.S. and Mexico, as well as implementing the recommendations established under the North American Security and Prosperity Partnership.

Union Urges Increased Staffing, End to "One Face at the Border" Initiative

The National Treasury Employees Union (NTEU) testified on the current situation at the land border ports of entry (POE), noting that U.S. Customs and Border Protection's POEs have been underfunded and understaffed. According to NTEU, antiquated port infrastructure and CBP personnel staffing shortages contribute directly to wait times at the land POEs and there is no way to speed up the inspection process without increasing staffing.

NTEU urged Congress to (partial list):

fully fund CBP salaries and expenses at the port of entry to hire more CBP personnel at POEs as recommended by a Homeland Security Advisory Council report;

fully staff at all existing lanes at the POEs to capacity;

end the One Face at the Border initiative by reestablishing CBP Officer and CBP Agriculture Specialist inspection specialization at the 327 ports of entry; and

authorize CBP to submit yearly workplace staffing models that include optimal staffing requirements for each POE to fully staff all lanes and reduce wait time.

CBP Provides Overview and Update on its Cargo Security Programs

In its written testimony, CBP provided highlights of its key accomplishments related to cargo security in the land environment, including advance information requirements (102, 24 hour rule), C-TPAT, FAST, Container Security Initiative, non-intrusive inspection/radiation detection technology, and the Southwest Border Security Initiative.

Update on C-TPAT. In its update on the C-TPAT program, CBP noted that as of October 2009, there were 9,484 certified C-TPAT partners, including 4,327 importers, 2,585 carriers, 817 brokers, 783 consolidators/3PLs, 55 Marine Port Authority and Terminal Operators, and 917 Foreign Manufacturers.

CBP stated that it has conducted 12,947 on-site validations of manufacturing and logistic facilities in 90 countries. According to CBP, 298 C-TPAT importer partners have been designated Tier 3, meaning they have exceeded the minimum security criteria and have been granted the highest level of C-TPAT benefits.

ICE Outlined its Border Programs and Initiatives

In its written testimony, Immigration and Customs Enforcement outlined and explained several ICE and Department of Homeland Security Programs and initiatives designed to challenge the criminal organizations that perpetuate the criminal activity that threatens the security of U.S. borders and ports of entry.

The programs/initiatives addressed in ICE's testimony include: Operation Armas Cruzadas, Operation Firewall, CSI, Vetted Foreign Investigative Units, Border Enforcement Security Task Forces (BESTs), the Integrated Border Enforcement Team (IBET), the Border Violence Intelligence Cell (BVIC), the Weapons Virtual Task Force (WVTF), and the use of inter-agency agreements with the Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), etc.

¹Subcommittee on Border, Maritime, and Global Counterterrorism

Opening statements, witness testimony available at http://homeland.house.gov/Hearings/index.asp?ID=217.