[House Hearing, 112 Congress]
[From the U.S. Government Publishing Office]
USING TECHNOLOGY TO FACILITATE TRADE AND ENHANCE SECURITY AT OUR PORTS
OF ENTRY
=======================================================================
FIELD HEARING
before the
SUBCOMMITTEE ON BORDER AND
MARITIME SECURITY
of the
COMMITTEE ON HOMELAND SECURITY
HOUSE OF REPRESENTATIVES
ONE HUNDRED TWELFTH CONGRESS
SECOND SESSION
__________
MAY 1, 2012
__________
Serial No. 112-87
__________
Printed for the use of the Committee on Homeland Security
[GRAPHIC] [TIFF OMITTED] TONGRESS.#13
Available via the World Wide Web: http://www.gpo.gov/fdsys/
U.S. GOVERNMENT PRINTING OFFICE
77-801 WASHINGTON : 2013
-----------------------------------------------------------------------
For sale by the Superintendent of Documents, U.S. Government Printing Office,
http://bookstore.gpo.gov. For more information, contact the GPO Customer Contact Center, U.S. Government Printing Office. Phone 202�09512�091800, or 866�09512�091800 (toll-free). E-mail, [email protected].
__________
COMMITTEE ON HOMELAND SECURITY
Peter T. King, New York, Chairman
Lamar Smith, Texas Bennie G. Thompson, Mississippi
Daniel E. Lungren, California Loretta Sanchez, California
Mike Rogers, Alabama Sheila Jackson Lee, Texas
Michael T. McCaul, Texas Henry Cuellar, Texas
Gus M. Bilirakis, Florida Yvette D. Clarke, New York
Paul C. Broun, Georgia Laura Richardson, California
Candice S. Miller, Michigan Danny K. Davis, Illinois
Tim Walberg, Michigan Brian Higgins, New York
Chip Cravaack, Minnesota Cedric L. Richmond, Louisiana
Joe Walsh, Illinois Hansen Clarke, Michigan
Patrick Meehan, Pennsylvania William R. Keating, Massachusetts
Ben Quayle, Arizona Kathleen C. Hochul, New York
Scott Rigell, Virginia Janice Hahn, California
Billy Long, Missouri Vacancy
Jeff Duncan, South Carolina
Tom Marino, Pennsylvania
Blake Farenthold, Texas
Robert L. Turner, New York
Michael J. Russell, Staff Director/Chief Counsel
Kerry Ann Watkins, Senior Policy Director
Michael S. Twinchek, Chief Clerk
I. Lanier Avant, Minority Staff Director
------
SUBCOMMITTEE ON BORDER AND MARITIME SECURITY
Candice S. Miller, Michigan, Chairwoman
Mike Rogers, Alabama Henry Cuellar, Texas
Michael T. McCaul, Texas Loretta Sanchez, California
Paul C. Broun, Georgia Sheila Jackson Lee, Texas
Ben Quayle, Arizona, Vice Chair Brian Higgins, New York
Scott Rigell, Virginia Hansen Clarke, Michigan
Jeff Duncan, South Carolina Bennie G. Thompson, Mississippi
Peter T. King, New York (Ex (Ex Officio)
Officio)
Paul Anstine, Staff Director
Diana Bergwin, Subcommittee Clerk
Alison Northrop, Minority Subcommittee Director
C O N T E N T S
----------
Page
STATEMENTS
The Honorable Michael T. McCaul, a Representative in Congress
From the State of Texas:
Oral Statement................................................. 1
Prepared Statement............................................. 3
The Honorable Henry Cuellar, a Representative in Congress From
the State of Texas, and Ranking Member, Subcommittee on Border
and Maritime Security.......................................... 4
WITNESSES
Panel I
Mr. Gene Garza, Director of Field Operations, Laredo Field
Office, Office of Field Operations, U.S. Customs and Border
Protection:
Oral Statement................................................. 7
Prepared Statement............................................. 9
Mr. Steven C. McCraw, Director, Texas Department of Public
Safety:
Oral Statement................................................. 13
Prepared Statement............................................. 15
Panel II
Mr. Jesse Hereford, Vice Chairman, Border Trade Alliance:
Oral Statement................................................. 26
Prepared Statement............................................. 28
Mr. Wilfredo Martinez, Chairman, Laredo Chamber of Commerce:
Oral Statement................................................. 31
Prepared Statement............................................. 33
Mr. Jose D. Gonzalez, Jose David Gonzalez Customs Brokerage:
Oral Statement................................................. 35
Prepared Statement............................................. 37
USING TECHNOLOGY TO FACILITATE TRADE AND ENHANCE SECURITY AT OUR PORTS
OF ENTRY
----------
Tuesday, May 1, 2012
U.S. House of Representatives,
Committee on Homeland Security,
Subcommittee on Border and Maritime Security,
Laredo, TX.
The subcommittee met, pursuant to call, at 2 p.m., in Room
101, De la Garza Building, Laredo Community College--West End,
Washington Street, Laredo, Texas, Hon. Michael T. McCaul
presiding.
Present: Representatives McCaul and Cuellar.
Mr. McCaul. The committee will come to order.
This subcommittee is meeting in Laredo, Texas, to examine
the use of technology to facilitate trade and enhance security
at the port of entry; and I want to thank, just out of the box,
the CBP for a wonderful tour of the bridge to see the great
work that our men and women are doing there. I want to thank,
also, all of the relevant Federal agencies here, and State
agencies, and local law enforcement for the tremendous job that
you do day in and day out to help make the Southwest Border
safer.
This is an official Congressional hearing, it's not a town
hall, and as such we must abide by certain rules of the
Committee on Homeland Security and the House of
Representatives, so no demonstrations. I don't think we're
going to have that problem today. I now recognize myself for an
opening statement.
The free flow of trade and commerce through our port of
entry is vital to our Nation's economy. Yet today, those ports
of entry have also become a route for Mexican cartels to funnel
the--their drugs into the United States. Our Federal agents
have a never-ending job of preventing this onslaught, and,
unfortunately, the search for these illegal drugs has slowed
down the flow of commerce and threatens to further weaken our
already fragile economy.
How much is really at stake? Well, last year alone $83.4
billion of commerce came through Laredo--through the Laredo
border crossing. Today we learned that it's the largest land
port of entry in the United States. The city has lived up to
its distinction as ``The Gateway City'' boasting the busiest
commercial truck crossing in the United States; and, as we saw
today at the bridge, 5,000 18-wheelers crossing every day,
every day, every year.
America's free flow of trade is threatened, however,
because our ports of entry remain a battleground in our fight
to protect the homeland.
The same ports of entry that serve as a pipeline for
economic growth are inundated by illegal drug shipments.
According to the Department of Justice, more than 90 percent of
all illicit narcotics come into the United States through
official ports of entry hidden among cargo and travelers.
Last year in Laredo, Customs and Border Protection Officers
seized 21.5 kilos of cocaine and more than 33 kilos of
methamphetamine; and where there are drugs flowing north you
can be sure to find guns and money flowing south.
Make no mistake, the cartels running drugs across the
Southwest Border are highly sophisticated criminal
organizations with one goal in mind--to make as much money as
possible. They will use any means necessary to ensure their
poison reaches the interior of our Nation.
The men and women of CBP are the last line of defense in
our fight to stop the drugs from entering the United States.
These officers have a difficult task: Separate illicit cargo
and travelers from the legitimate ones with minimal
interruption to the flow of legal trade.
After September 11, traffic across some ports of entry came
to a standstill due to more detailed questioning of travelers
and inspection of cargo. This resulted in long truck delays and
caused plant closures, threatening companies which rely on
these shipments. In the immediate aftermath of a terrorist
attack, this may have been a reasonable response, but
consistent delays at the border costs time and money, driving
up business costs. We do not want to experience that again.
Balancing this trade and security requires a smart
application of technology, personnel, and infrastructure. We
must adequately secure the border in order to facilitate trade.
Over the last few years, the Department of Homeland
Security has increased the number of CBP Officers. While these
men and women may be needed to address specific gaps, it is
clear that we cannot secure the ports of entry only with boots
on the ground.
A key to security is the maintenance and expansion of
infrastructure. Our Nation's ports of entry need modernization.
We cannot increase capacity if there's not enough truck lanes,
passenger lanes, and facilities to conduct secondary screening.
Especially in these difficult budgetary times, it is important
that funds be targeted to maximize both trade and security.
New forms of technology would allow CBP to more efficiently
use its manpower; and every year over 1.6 million trucks pass
through the Laredo port of entry. We cannot physically inspect
or scan every single one of these trucks. We must separate
travelers and cargo through trusted shipper and traveler
programs that allow CBP to focus manpower and other assets to
find illicit goods and weapons.
Technologies, such as the non-intrusive inspection
equipment allow CBP to effectively screen the large volume of
travel and commerce at the border. Additional tools, such as
license plate readers, give officers the ability to discern
patterns about the frequency and timing of crossings.
While technology has increased our ability to screen cargo
and passengers more effectively, I am concerned that the
Department still lacks a truly strategic approach to research
and development of these technologies that will enhance the way
we secure our ports of entry in the future. CBP needs a
technology innovation plan which would inform industry of its
needs, and allow industry to better recognize the needs of the
Department in a way to better leverage scarce funding.
What is missing is a strategy to secure the border, both at
and between the ports of entry. Technology must be an integral
part of this plan. So the purpose of this hearing is to examine
ways to better utilize this technology.
I look forward to the witnesses' testimony--and let me just
also say what a--what an impressive tour that we got at the
border to see the layers of screening that exist, the X-ray
capability--tremendous task that you have to do day in and day
out; and I walked away from seeing what we saw today knowing
that we are more secure on this border.
[The statement of Mr. McCaul follows:]
Statement of Chairman Michael T. McCaul
May 1, 2012
The free flow of trade and commerce through our ports of entry is
vital to our Nation's economy. Yet today, those ports of entry have
also become a route for Mexican cartels to funnel their drugs into the
United States. Our Federal agents have a never-ending job of preventing
this onslaught. Unfortunately the search for these illegal drugs has
slowed down the flow of commerce, and threatens to further weaken our
already fragile economy.
How much is at stake? Last year alone, $83.4 billion of commerce
came through the Laredo border crossing. The city has lived up to its
distinction as ``the Gateway City'', boasting the busiest commercial
truck crossing in the United States.
However, America's free flow of trade is threatened, because our
ports of entry remain a battleground in our fight to protect the
homeland.
The same ports of entry that serve as a pipeline for economic
growth are inundated by illegal drug shipments. According to the
Department of Justice, more than 90% of all illicit narcotics come into
the United States through official ports of entry hidden among cargo
and travelers.
Last year in Laredo, Customs and Border Protection (CBP) Officers
seized 21.5 kilos of cocaine and more than 33 kilos of
methamphetamines.
And where there are drugs flowing north, you can be sure to find
guns and money flowing south.
Make no mistake; the cartels running drugs across the Southwest
Border are highly sophisticated criminal organizations with one goal--
to make as much money as possible. They will use any means necessary to
ensure their poison reaches the interior of our Nation.
The men and women of CBP are the last line of defense in our fight
to stop the drugs from entering the United States. These officers have
a difficult task: Separate illicit cargo and travelers from the
legitimate ones with minimal interruption to the flow of legal trade.
After September 11, traffic across some ports of entry came to a
standstill due to more detailed questioning of travelers and inspection
of cargo. This resulted in long truck delays and caused plant closures,
threatening companies which rely on such shipments. In the immediate
aftermath of a terrorist attack, this may have been a reasonable
response, but consistent delays at the border costs time and money,
driving up business costs. We do not want to experience this again.
Balancing trade and security requires the smart application of
technology, personnel, and infrastructure. We must adequately secure
the border in order to facilitate trade.
Over the last few years the Department of Homeland Security (DHS)
has increased the number of CBP Officers. While these men and women may
be needed to address specific gaps, it is clear that we cannot secure
the ports of entry only with boots on the ground.
A key to security is the maintenance and expansion of
infrastructure. Our Nation's ports of entry need modernization. We
cannot increase capacity if there are not enough truck lanes, passenger
lanes, and facilities to conduct secondary screening. Especially in
these difficult budget times it is important that funds be targeted to
maximize both trade and security.
New forms of technology would allow CBP to more efficiently use its
manpower. Every year over 1.6 million trucks pass through the Laredo
port of entry. We cannot physically inspect, or scan, every single one
of these trucks. We must separate travelers and cargo through trusted
shipper and traveler programs that allow CBP to focus manpower and
other assets to find illicit goods and weapons.
Technologies, such as non-intrusive inspection equipment, allow CBP
to effectively screen the large volume of travel and commerce at the
border. Additional tools, such as license plate readers give officers
the ability to discern patterns from the frequency and time of
crossings.
While technology has increased our ability to screen cargo and
passengers more effectively, I am concerned that the Department still
lacks a truly strategic approach to research and development of
technologies that will enhance the way we secure ports of entry in the
future. CBP lacks a technology innovation plan, which would inform
industry of its technological needs, and allow industry to better
recognize the needs of the Department, in a way to better leverage
scarce funding.
What is missing is a strategy to secure the border, both at and
between the ports of entry--technology must be an integral part of that
plan.
The purpose of our hearing today is to examine ways to better
utilize technology to secure our ports of entry and ensure the
efficient flow of trade across our borders.
I look forward to the witness's testimony to understand the local
perspective of the challenges that Laredo faces, and what the Congress
can do to help.
Mr. McCaul. So with that, I want to recognize the Ranking
Member, my dear friend and colleague from this great State and
this great City of Laredo, Mr. Henry Cuellar.
Mr. Cuellar. Thank you very much, Mr. Chairman.
Again, I'm pleased that the Committee of Homeland Security,
the Subcommittee on Border, Maritime, is having this meeting
here in Laredo to examine ways to facilitate trade and enhance
security at our Nation's ports of entry.
I certainly want to thank the Chairwoman, actually, Ms.
Miller, Candice Miller, the Subcommittee Chairwoman; and I
certainly want to thank also my good friend, Michael McCaul.
Mike and I go back, we started off as classmates back in 2005,
and I certainly appreciate his good friend--his good friendship
and, of course, working together on issues that are important
to the State of Texas.
Earlier as Representative McCaul had said that we visited
the World Trade Bridge. We saw the lines of trucks waiting to
cross into the United States, viewed the existing
infrastructure at the bridge, talked to some of the Customs and
Border Protection Officers who process travelers and cargo
entry into the United States. We certainly want to thank Mr.
Garza and all of his men and women that work very hard to make
sure that we facilitate the trucks that are coming in.
We had an opportunity to visit one of the bridges today,
it's important to note that the U.S. Customs and Border
Protection Laredo Field Office is made up of eight ports entry
with 32 border crossings. These include passenger and cargo
crossings via bridges, airports, railroads, dams, and one
seaport and ferry extending from Brownsville to Del Rio.
The Laredo Field Office processes the largest amount of
commercial traffic along the entire U.S.-Mexico border--
actually, across the United States. I think Detroit was No. 3,
I think Laredo just became No. 3, which is now the largest
inland port in the whole United States, with more than $1.6
billion in fees, duties, and tariffs collected--that was
collected in fiscal year 2011. On a typical day, the Laredo
Field Office processes 189,000-plus passengers and pedestrians,
5,611 entries of goods via truck, rail, and commercial
aircraft.
Those of us who call Laredo home understand the importance
of this cross-border travel and commerce not just to our
community or border region but really to the entire country.
Mexico is the United States' third-largest trading partner,
second-largest export market with an average of about $1
billion in two-way trade between the countries every single
day. Our trade with Mexico also sustains 6 million jobs in the
United States. So we have 6 million jobs here in the United
States that have been created because of the trade that we have
with Mexico, making it--making Mexico vital to our own economic
prosperity.
At the same time, border residents, in particular, are
aware of the challenges that we face with respect to expanding
infrastructure with adding new technology, hiring more Customs
and Border Protection Officers to stand the bridges and
facilitate trade and ensure security; and one of my sayings--I
think you've heard me--we do a good job in hiring the men and
women in green, but we need to do more to hire the men and
women in blue, which are the ones that take care of our bridges
and make sure that we have the retail, the tourism, and the
commerce that is so important to our State of Texas.
I hope to hear from our first panel of witnesses about what
can be done to maximize our limited personnel, technology, and
infrastructure resources; particularly, those, as we see the
tight budgetary times that we live in right now. I also hope to
hear that--from what we hear in their own respective agencies
that--that we're doing the most that we can with these limited
resources and we're planning for the future. Cooperation among
our various Federal, State, and local agencies, and
stakeholders will be the key to our success in this particular
effort.
Just before the hearing we had a meeting with
representatives from law enforcement during our--we had a
working lunch there. We heard from Federal judges--or a Federal
judge, and different Federal agencies, State and local
agencies, where we talked about the different efforts and we
talked about the effort to make sure that the City of Laredo--
and you've heard me say this--if you compare the crime rate
here in Laredo compared to where I work in Washington, DC, the
crime rate in Washington, DC is higher than the crime rate here
in Laredo. If you look at the average crime rate on the border
compared to the National crime rate and the crime rate here at
the border is lower than the National crime rate, and whether
you look at murders or you look at assaults or whatever the
case be, but, nevertheless, the State, Federal, and local folks
here are working very hard to make sure that we keep the
violence--we know what's happening in Mexico, no ifs, no buts,
but we're working hard to make sure that that spillover doesn't
come over. Is it at 100 percent proof of spillover? No. You
know, there are instances where we see some of their problems,
but I think that it really speaks loudly of the men and women
both at the State, Federal, local law enforcement have been
doing a good job, making sure that it stays on the other side.
I also hope, from our second panel of witnesses, that we
hear viewpoints on the current status of cross-border trade and
security, what they believe that can be done to make sure that
we move forward on this issue.
Whether you're a duty-free store, whether you sell goods
there at Wal-Mart, or whether--whatever the case might be,
hotel, whatever it might be--look at our chamber president and
our board and our director here--we want to make sure that we
find the right balance between trade and security, which is,
again, important to our community.
Finally, the last thing I want to say is that the Federal
Government can't do it by itself, the State government can't do
it by itself, the local government can't do it by itself, but I
think by working together--this is one thing that Mike and I
have been talking about, is, to have more cooperation,
communication between the Federal, State, and local folks to
make sure that we also bring in the private sector; because the
last thing we want, with all due respect, is a bureaucrat
thinks that he or she knows better than the private sector. So
we've all got to work together to make sure that we're able to
do this, so I want thank Mr. McCraw, I want to thank Mr. Garza,
and, of course, the second witnesses that are coming up--also
that are coming up, but I certainly want to thank my good
friend, Michael, for being here and hosting this meeting here
today.
So thank you very much for allowing us to be here with you
today.
Mr. McCaul. I think Congressman Cuellar, he's been a great
friend and partner to work with on these very important issues
that we face as a Nation, and so thank you for your friendship
as well.
I want to also thank the Laredo Community College for
hosting this hearing; and with that, I'm going to introduce our
witnesses for today.
First, Mr. Gene Garza was appointed as the director for the
Laredo Field Office in January 2011. He oversees the operation
of eight ports of entry extending from Brownsville, Texas, to
Del Rio, Texas; and previously, he was the port director of the
Laredo port of entry: First with the U.S. Customs Service and
then with U.S. Customs and Border Protection.
Mr. Garza, thank you for being here today; and we've spent
the entire day together. It's been real pleasure to be with
you, sir.
Mr. Garza. Yes, sir. Thank you.
Mr. McCaul. Next we have also another friend and colleague,
Mr. Steve McCraw, he's the director of the Texas Department of
Public Safety.
He began his career as a State trooper, was a special agent
in the FBI, was in the SAC in the San Antonio division where I
had the great honor and privilege to work with you as a Federal
prosecutor. He was also the Governor's director of the Office
of Homeland Security, and, of course, today heads up the
Department of Public Safety. Mr. McCraw, we certainly
appreciate you being here today as well.
Mr. McCraw. I appreciate it.
Mr. McCaul. With that, I recognize Mr. Garza for his
testimony.
STATEMENT OF GENE GARZA, DIRECTOR OF FIELD OPERATIONS, LAREDO
FIELD OFFICE, OFFICE OF FIELD OPERATIONS, U.S. CUSTOMS AND
BORDER PROTECTION
Mr. Garza. Thank you, sir. Chairman McCaul, Ranking
Congressman Cuellar, it is a privilege and an honor to appear
before you today to discuss the work of Customs and Border
Protection; particularly the tremendous dedication of men and
women of the Laredo Field Office. I am Gene Garza, I'm the
director of field operations.
The Laredo field operations includes eight points of entry
that span the border from the outer edge of the Big Bend
National Park all the way to Brownsville, Texas, and extends
east close to San Antonio and on the east side of Austin.
On an average day, the CBP Officers within the Laredo Field
Office process nearly 130,000 passengers, 60,300 conveyances,
and seize 431 pounds of drugs. During the fiscal year of 2011,
the Laredo Field Office processed almost 50 million travelers,
22 million vehicles and conveyances, and seized more than 5,500
pounds of cocaine, 635 pounds of heroin, and 150,000 pounds of
marijuana, and over $13.3 million in currency, and intercepted
110,000 quarantined plant material, and 13,600 actionable/
reportable pests.
CBP has worked to improve the process for all visitors and
trade entering the United States. We have simultaneously
increased security while expediting the flow of legitimate
trade and travel. Today I would like to highlight the
importance--improvements made here at the Laredo Field Office.
In Laredo, CBP has undertaken a number of infrastructure
improvement projects. Several projects have been completed, or
are near completion, with the focus of improvements for the
pedestrian traffic, vehicle traffic, bus inspection, and lane
flow throughput at the Laredo bridges and CBP's ports of entry.
Laredo Bridge 1 we have made improvements to address the
pedestrian flow.
We upgraded pedestrian secondary processing areas at the
Laredo Bridge 3, Colombia, and opened several new primary
inspection booths, and one new exit lane at the World Trade
Bridge.
At the Lincoln-Juarez Bridge three additional lanes--non-
commercial lanes are largely complete and expect to be open by
the summer. The expansion has been collaborative efforts
between CBP, GSA, TxDOT, and the City of Laredo, and will
significantly expand vehicle processing capacity at Bridge 2.
Thanks to the continued support of Congress, CBP now has
301 large-scale non-intrusive inspection systems deployed
throughout our ports of entry with 110 of those deployed on the
Southwest Border.
Additionally, CBP has deployed 61 backscatter X-ray vans to
the Southwest Border land ports of entry, which provide our
officers with a mobile, maneuverable detection system that can
scan a number of vehicles efficiently and simultaneously.
To date, CBP has used and deployed systems to connect over
50--56.5 million NII examinations resulting in the seizure of
3.3 million pounds of narcotics and over $47.5 million in
undeclared currency.
Used in combination with our layered enforcement strategy,
these tools provide CBP with a significant capability to detect
contraband while enabling our staff to efficiently process a
significant volume of passenger and trade.
CBP works with the trade community through Customs and
Trade Partnership Against Terrorism (C-TPAT), a voluntary
public-private partnership program wherein members of the trade
community agree to adopt tighter security measures throughout
their international supply chain and, in return, are afforded
benefits such as reduced examinations, front-of-the-line
examination privileges. The initiative in conjunction with the
opening of seven new commercial primary lanes at World Trade
will increase the facilitation of legitimate trade through the
Laredo port of entry.
To facilitate travelers, CBP offers four trusted traveler
programs, including SENTRI. The trusted traveler program
assists CBP in segmenting risks and facilitating the flow of
legitimate travel. There are currently 44,000 SENTRI
participants, who cross at ports of entry within the Laredo
Field Office, and eight lanes specifically dedicated for SENTRI
participants to facilitate travel.
We also implemented Ready Lanes to assist the facilitation
of travelers with RFID-enabled technology. We need compliance
documents. In 2011, Ready Lanes were opened in Laredo, Texas.
Currently, the Laredo Field Office has Ready Lanes at seven
bridges. The Lincoln-Juarez Bridge at the Port of Laredo can
open two additional Ready Lanes during peak hours if required.
Vehicles throughput in the Ready Lanes has increased as much as
25 percent, and wait times for travelers with the RFID-enabled
documents have been reduced to an average of about 12 seconds
per vehicle. At the Lincoln-Juarez Bridge, approximately 50
percent of the traffic flow, right now, crosses either through
the Ready Lane or the SENTRI Lane.
The Laredo Field Office has implemented an aggressive,
multi-pronged strategy to mitigate wait times. This includes
recognizing peak processing periods that have historically
occurred, such as holidays, season pick--peaks, making
operational adjustments before peaks occur. The Laredo Field
Office also works with CBP stakeholders to identify additional
facilitation measures.
For example, the Laredo Field Office coordinates with our
Mexican counterparts on the arrival of commercial bus traffic
during peak times to avoid traffic jams on the bridge, works to
move private school buses at the Port of Del Rio to a dedicated
lane in the morning to reduce wait times for the vehicle
traffic to process more buses efficiently.
Chairman McCaul and Ranking Member Cuellar, thank you for
the opportunity to testify about the work of Customs and Border
Protection within the Laredo Field Office to protect our
Nation's borders while facilitating the flow of legitimate
trade and travel. I will be glad to answer any questions y'all
may have for me.
[The prepared statement of Mr. Garza follows:]
Prepared Statement of Gene Garza
May 1, 2012
Chairman McCaul, Ranking Member Cuellar, 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 (CBP),
particularly the tremendous dedication of our men and women in the
field, both at and between our ports of entry.
I would like to begin by expressing my gratitude to Congress for
its continued support of the mission and people of CBP. It is clear
that Congress is committed to providing CBP with the resources we need
to increase and maintain the security of our borders. We greatly
appreciate your efforts and assistance, and I look forward to
continuing to work with you on these issues in the future.
The creation of CBP, which established a single, unified border
agency for the United States, is a profound achievement, and our
responsibilities are immense and challenging. CBP is responsible for
protecting more than 3,900 miles of border with Canada and 1,900 miles
of border with Mexico, and 2,600 miles of shoreline. In fiscal year
2011, CBP Officers at 331 ports of entry inspected 340 million
travelers and more than 105.9 million cars, trucks, buses, trains,
vessels, and aircraft. Each day, CBP Officers process over 932,000
travelers entering the United States at our air, land, and sea ports of
entry and inspect more than 64,000 truck, rail, and sea containers.
In fiscal year 2011, CBP seized 5 million pounds of narcotics,
including nearly 370,000 pounds seized at the ports of entry. These
numbers demonstrate the effectiveness of our layered approach to
security. Violent crime in border communities has remained flat or
fallen in the past decade, according to the Federal Bureau of
Investigation's (FBI) Uniform Crime Report, and some of the safest
communities in America are at the border. In fact, violent crimes in
Southwest Border counties overall have dropped by more than 40 percent
and are currently among the lowest in the Nation per capita, even as
drug-related violence has significantly increased in Mexico.
On an average day, CBP Officers within the Laredo Field Office,
which incorporates ports of entry spanning from the outer edge of Big
Bend National Park to Brownsville, process nearly 130,000 passengers
and 60,300 conveyances and seize 431 pounds of drugs. During fiscal
year 2011, the Laredo Field Office processed almost 50,000,000
travelers and 22,000,000 cars, trucks, buses, trains, ferries, vessels,
and aircraft, seized 5,465 lbs of cocaine, 635 lbs of heroin, 150,000
lbs of marijuana, and over $13,300,000 in currency, and intercepted
110,000 quarantined plant material and 13,600 actionable/reportable
pests.
Working with our partners, our strategy is to secure our Nation's
borders by employing and enhancing our layers of defense throughout the
entire supply chain (for goods) and transit sequence (for people)--
starting from their points of origin, movement to the United States,
arrival and entry at our borders, routes of egress, and ultimately to
final destinations in the United States. This strategy relies upon
increased intelligence and risk-management strategies regarding the
movement and flow of both travelers and trade. We accomplish our
mission of expediting legal trade and travel by separating the
``knowns'' from the ``unknowns.'' This risk segmentation allows us to
enhance security by focusing more attention on stopping illegitimate
trade and those who seek to do us harm, while at the same time
facilitating legitimate travel and commerce. Security and prosperity
are mutually reinforcing, and the United States and Mexico are closely
linked by a common interest in robust security and growing economies.
DHS is committed to continuing to work with the Government of Mexico to
foster a safe and secure border zone, while facilitating the legal
trade and travel that helps our shared border region prosper.
INFRASTRUCTURE
CBP has long recognized the need to maintain facilities and
infrastructure that effectively support our mission requirements.
Modern facilities must address our constantly evolving border
functions, increasing traffic volumes and staffing levels, and new and
updated technologies and equipment. To that end, CBP has implemented a
facility investment planning process, and capital improvement plan for
land border ports of entry. This process combined with the Regional
Master Plan concept, which brings all stakeholders together from both
sides of the border, ensures that facility and real property funding is
allocated in a systematic and objective manner, and is prioritized by
mission critical needs that meet the demands from a regional
perspective.
In Laredo, CBP has undertaken a number of improvement projects to
assist in expediting the flow of legitimate trade and travel. Several
projects have been completed, or are nearing completion, with the focus
of improvements on pedestrian traffic, vehicle traffic, bus inspection,
and lane flow throughout the Laredo Bridges and CBP's ports of entry
(POE). At Laredo Bridge 1, (Gateway to the Americas Bridge),
improvements to address pedestrian processing flow have been completed.
These efforts included rerouting pedestrian traffic from the current
pedestrian walkway to the Secondary Inspection area where five new
mobile pedestrian processing stations were installed. The new stations
became operational on September 19, 2011 and process at least 8,000
travelers per day.
Additional projects to improve the facilities and inspectional
technologies at the Port of Laredo include upgrades to the ports'
pedestrian secondary processing area at Laredo Bridge 3 (Colombia
Solidarity Bridge), which was completed in November 2011; and opening
seven new primary inspection booths and one new exit lane at the World
Trade Bridge port of entry, an accomplishment commemorated by officials
from the City of Laredo with a ribbon-cutting ceremony on May 6, 2011.
At Lincoln-Juarez Bridge (Laredo Bridge 2), three additional non-
commercial lanes at the Lincoln-Juarez POE are largely complete and
expected to open in summer 2012. This expansion has been a
collaborative effort between CBP, GSA, TX DOT, and the City of Laredo
and will significantly expand vehicle processing capacity, helping to
alleviate vehicle congestion at this very important crossing.
CBP is also working closely with GSA regarding the feasibility and
design of a new bus processing facility. This project will result in a
10,000-square-foot to 15,000-square-foot bus and passenger processing
area with individual bus stalls (primary and secondary), pedestrian
inspection lanes, and a separate inspection area within a CBP-secured
facility.
Funding through the American Recovery and Reinvestment Act have
allowed for additional port improvements. This includes two new port
facilities; at Amistad Dam and at Los Ebanos Ferry, respectively. CBP
also oversaw significant modifications, including an outbound facility,
at Falcon Dam. However, due to the current fiscal environment, CBP's
construction budget is not projected to have funds that will allow the
agency to initiate major new construction contracts. CBP's fiscal year
2012 appropriation for Construction and Facilities Management is
limited to sustainment activities, basic building services, and
operations of CBP's existing facilities portfolio and real property
inventory. The fiscal year 2013 budget request similarly defers new
construction projects.
TRADE FACILITATION
As Secretary Napolitano has stated, our homeland security and our
economic policies are complementary--and to the extent possible,
security measures should be designed to facilitate the safe and
efficient movement of people and goods while securing our critical
infrastructure. Our economy depends in part on our ability to secure
and facilitate the flow of people and goods to and from our borders.
Border security policies must do both: Protect against threats while
allowing the movement of legitimate trade and travel across our
borders, which drives trade and tourism revenue that supports hundreds
of thousands of jobs.
The ability to secure the flows of goods, conveyances, and people
to and through the United States is crucial to CBP's success in
protecting our Nation. The 331 ports incorporate highly technical
equipment to prevent items from illegally entering the United States by
utilizing Non-Intrusive Inspection units to detect illicit goods and
contraband and Radiation Portal Monitors which screen for nuclear and
radiological threats. Last year we deepened and broadened our
coordination with Canada to speed inspection of goods such as car parts
so that factories on both sides of the border can operate more
efficiently. We have continued to work closely with our Mexican
counterparts to protect shared critical infrastructure and expand
trusted traveler and shipper programs. These efforts not only
facilitate legitimate trade, but they are also critical in stopping
illegal goods from entering the country--goods that can undermine
domestic businesses that play by the rules.
Thanks to the continued support of Congress, CBP now has 301 large-
scale Non-Intrusive Inspection (NII) systems deployed to our ports of
entry. NII are imaging systems that serve as a force multiplier
enabling CBP Officers to detect possible anomalies between the contents
of a container and the manifest. Of the 301 NII systems deployed, 55
are deployed on the Northern Border and 110 are deployed on the
Southwest Border ports of entry, with the remainder at the Nation's
airports and seaports and Border Patrol checkpoints. Additionally, CBP
has deployed 61 backscatter X-ray vans to Southwest Border land ports
of entry, which provide our officers with a mobile, maneuverable
detection system that can scan a number of vehicles efficiently and
simultaneously. To date, CBP has used the deployed systems to conduct
over 56.5 million NII examinations resulting in over 10,500 narcotic
seizures with a total weight of 3.3 million pounds of narcotics, and
the seizure of over $47.5 million in undeclared currency. Used in
combination with our layered enforcement strategy, these tools provide
CBP with a significant capability to detect contraband, including
illicit nuclear or radiological materials. The deployment of NII
technologies has also enabled our staff to efficiently process a
significant volume of passengers and trade.
NII technologies are the only available and effective means of
screening the large volume of rail traffic entering the United States
from Mexico. CBP currently has rail imaging systems deployed to all
eight Southwest Border commercial rail crossings. CBP is currently
installing a new, state-of-the-art imaging system, which should be
completed this summer, at Laredo. These systems currently provide CBP
with the capability to image and scan 100 percent of all commercial
rail traffic arriving in the United States from Mexico. The rail NII
imaging technology is bi-directional, which provides CBP with the added
capability to image southbound trains. In March 2009, CBP began
conducting 100 percent outbound screening of rail traffic departing the
United States for Mexico for the presence of contraband, such as
explosives, weapons, and currency. Since that time, there have been 215
seizures along the Southwest Border as a result of screening of
outbound rail cars, which totals approximately 43,000 pounds of
marijuana.
Through partnerships with the trade community, CBP has had a
positive impact on commercial trade. The primary focus of CBP's efforts
with its U.S. Government partner agencies is to advance the adoption of
DHS's risk-based approach to reduce barriers to efficient and safe
commercial activity and to support U.S. job development. As the
Executive Agent at the border for 46 Federal agencies, we are currently
pursuing two significant initiatives with our U.S. Government partners:
Increased information sharing, leveraging existing inspection and
regulatory expertise, to facilitate admissibility determinations; and
developing trust-based partnerships across the Federal Government.
CBP works with the trade community through the Customs and Trade
Partnership Against Terrorism (C-TPAT), a voluntary public-private
partnership program wherein members of the trade community agree to
adopt tighter security measures throughout their international supply
chain and in return are afforded benefits such as reduced exams, front-
of-line examination privileges to the extent possible and practical,
and an assigned Supply Chain Security Specialist who helps them
maintain compliance. C-TPAT has enabled CBP to leverage private-sector
resources to enhance supply chain security and integrity. This
initiative in conjunction with previous mentioned opening of seven new
commercial primary lanes at World Trade Bridge will increase the
facilitation of legitimate trade through the Port of Laredo.
CBP conducts records checks on C-TPAT applicants in its law
enforcement and trade databases and ensures that the applicants meet
the security criteria for their particular business sector. Applicants
who pass extensive vetting are certified into the program. Using a
risk-based approach, CBP Supply Chain Security Specialists conduct on-
site visits of foreign and domestic facilities to confirm that the
security practices are in place and operational.
C-TPAT has been a success--membership in this program has grown
from 7 companies at its implementation in 2001 to more than 10,000 as
of April 5, 2012. Additionally, CBP is working with foreign partners to
establish bi-national recognition and enforcement of C-TPAT. CBP
currently has signed mutual recognition arrangements with New Zealand,
Canada, Jordan, Japan, and Korea and is continuing to work towards
similar recognition with the European Union, Singapore, Taiwan, and
other countries.
TRAVEL FACILITATION
To facilitate pre-approved, low-risk travelers into the United
States, CBP offers four trusted traveler programs. The Secure
Electronic Network for Travelers Rapid Inspection (SENTRI) offers
eligible travelers expedited entry into the United States through
designated lanes at the U.S.-Mexico land border ports. Membership in
SENTRI is valid for 5 years and costs $122.25 to apply for the program.
Beginning in December 2010, all U.S. citizens and lawful permanent
residents currently enrolled in SENTRI were extended Global Entry
benefits, our trusted traveler program in the air port of entry
environment, at no additional fee. There are currently over 44,000
SENTRI participants who cross at ports of entry within the Laredo Field
Office and eight lanes specifically dedicated for SENTRI participants
to facilitate travel into the United States.
At land ports of entry, we have also implemented Ready Lanes to
assist in the facilitation of travelers. A Ready Lane is a vehicle
primary lane that only accepts travelers using radio frequency
identification (RFID)-enabled travel documents. In June 2010, CBP
launched a Ready Lane pilot at the Ambassador Bridge in Detroit. In
October 2010, the first Ready Lane along the Southern Border opened in
Del Rio, Texas, and in December 2010 a Ready Lane opened in El Paso,
Texas. In July 2011, Ready Lanes were opened in Laredo, Texas.
Currently, the Laredo Field Office has Ready Lanes at seven bridges and
the Lincoln Juarez Bridge at the Port of Laredo can open an additional
two Ready Lanes during peak hours if required, for a total of nine
Ready Lanes throughout the Field Office. The results to date suggest
that this program successfully expedites the flow of legitimate travel.
Vehicle throughput has increased as much as 25 percent in these lanes,
and wait times for travelers with RFID-enabled documents have been
reduced by an average of 12 seconds per vehicle. Along the Southern
Border more than 25,000 vehicles and 44,000 travelers (more than 34
percent of all vehicle traffic) use Ready Lanes each day. For example,
at the Lincoln-Juarez Bridge, approximately 50 percent of traffic now
crosses in either the Ready Lane or SENTRI lane. Additionally, CBP
actively manages lanes to ensure that travelers utilizing Ready Lanes
experience wait times of no more than 30 minutes. CBP plans to deploy
Ready Lanes to additional high-volume land crossings in the near
future.
The Laredo Field Office has implemented an aggressive, multi-
pronged strategy to mitigate wait times. This includes recognizing peak
processing periods that have historically occurred, such as holidays
like Christmas and Holy Week in addition to seasonal peaks such as
Spring Break and the summer travel period, and making operational
adjustments well before peaks occur. The Laredo Field Office also works
with CBP's stakeholders to identify additional facilitation measures.
For example, the Field Office coordinates with our Mexico counterparts
on the arrivals of commercial bus traffic during peak times to avoid
traffic jams on the bridge, and works to move private school buses at
the Port of Del Rio to a dedicated lane in the morning to reduce wait
times for vehicular traffic and to process the buses more efficiently.
STAFFING AND TRAINING
We have no greater asset than our human resources and we are
committed to continuing to recruit, hire, develop, and sustain a
premier officer corps. To achieve this goal, we are currently refining
the recruitment and hiring processes, improving our retention
capabilities, and enhancing our deployment and staffing processes.
We have developed a Workload Staffing Model (WSM) to better align
resource needs and requests against levels of threat, vulnerabilities,
and workload. By using the model we can adjust optimal staffing levels
to changes in workload, processing times, new technologies and
processes, mandated requirements, and threats. Once the WSM is
finalized, CBP would be happy to brief the committee on this model. The
staffing model alone does not determine how our officers are allocated;
it is merely a tool to assist us in determining the optimum allocation
of officers at each of our land, sea, and air ports.
CBP has also implemented numerous programs, initiatives, and
training to build our officer corps and enable officers to more
effectively respond to threats of terrorism, better utilize
intelligence information, and continue to develop skills, streamline
processes, and enhance inspection operations.
We have developed and implemented a comprehensive training
curriculum for CBP Officers and CBP Agriculture Specialists. This
training curriculum includes basic academy training, as well as
comprehensive, advanced, on-the-job, and cross-training courses. CBP
continually strives to provide our front-line officers with recurrent
and additional training to help them better perform their jobs. For
example, CBP has extensive training in place for fraudulent document
identification to help CBP Officers detect fraudulent documents and
identify travelers who are using stolen travel documents--both in the
CBP Officer academy and embedded in 40 additional courses.
Recognizing the complexity of our mission and the broad border
authorities of our agency, we have established specialty functions and
teams that receive additional focused advanced training. For example,
counterterrorism response teams were created for deployment within
secondary inspection areas. These teams are provided with a new and
intense training curriculum that teaches our officers how to detect
deception and elicit information. We have also established targeting
and analysis units, roving teams, and prosecution units. Our
enforcement officers receive additional advanced training to develop
expertise in the questioning of individuals suspected of being involved
with organized smuggling of aliens or drugs, terrorism, and document
fraud.
To make the best use of our training time and resources, we train
our officers when they need to be trained, and for the functions they
are performing. This means that not every officer completes every
cross-training module, but rather each officer receives the training
needed to do the job he or she is currently performing. CBP has
identified Field Training Officers to assess the training needs of the
CBP Officers to ensure that these CBP Officers are receiving the
training they need to do their jobs, and that internal measures are in
place to monitor and assess training needs and accomplishments Nation-
wide. CBP is constantly reviewing and revising its training, in
accordance with the ever-changing border enforcement environment.
CONCLUSION
Chairman McCaul, Ranking Member Cuellar, and Members of the
subcommittee, thank you again for this opportunity to testify about the
work of U.S. Customs and Border Protection. CBP is committed to
continuing to secure our Nation's borders and safeguard our way of
life. Your continued support of CBP helps ensure the security of our
borders, and the safety of our Nation. I will be glad to answer any
questions you may have.
Mr. McCaul. Thank you, Mr. Garza.
The Chairman now recognizes Mr. McCraw for his testimony.
STATEMENT OF STEVEN C. MCCRAW, DIRECTOR, TEXAS DEPARTMENT OF
PUBLIC SAFETY
Mr. McCraw. Mr. Chairman, Ranking Member Cuellar, thank you
for the opportunity to be here, and also to appear with Gene
Garza, a clear leader in the law enforcement community, he does
a great job and a great partner.
From a Texas standpoint in terms of commerce, obviously,
Mexico is our No. 1 trading partner, No. 2 for the United
States; so trade is vitally important to the United States,
but, also, to Texas in terms of Mexico. In fact, we are
concerned. We do agree with the Chairman and the Senior Ranking
Member of the committee that more technology and more resources
on the bridge is value-added; because the most significant
threat to commerce right now is the Mexican cartels, you know,
holding our commerce hostage. They do so by exploiting an
unsecured border with Mexico. We know they move ton quantities
of drugs not just across the border and the border region but
throughout the Nation.
Right now the source of the overwhelming majority of drugs
anywhere in the Nation is the result of--is the Mexican cartels
moving it across these high-value smuggling markets at the
Laredo Bridge. We just saw today, that international bridge is,
unfortunately, for the cartels who are fighting over and dying
for--worse, torturing, killing, and corrupting officials to
obtain, maintain, expand the--these smuggling routes in the
United States; and so from a Texas standpoint the use of these
routes are problematic.
We certainly would like to see leveraging more technology
at the border in a more--in a way that empowers OFO Officers,
the men and women in blue, the brave men and women in blue,
with the tools that they could rapidly detect, you know,
cocaine, marijuana, methamphetamine, and heroin, because those
are the four drugs right now that are pouring across that
border.
I would say that from a Texas standpoint, in terms of
priorities, obviously, you know that the State of Texas
invested heavily in terms of border security; and they've done
it for one reason, is that they understood, and leaders
understood, and the legislature, and the Governor is that--is
that to be proactive rather than reactive in a post-9/11
environment is high-value, and it is worth investing in local
law enforcement on the border, in local law enforcement
communities, and State law enforcement to support them, to do
Job 1: Protect its citizens from harm. Harm is, is that any
form of violence that would stem from Mexican cartels and gangs
that work with them on both sides of the border. That's Job 1.
Job 2 is what can we do to support our Federal partners
with their vitally important mission: Secure the border of the
mission--the border of our Nation. We understand it's a
sovereign responsibility, but what can we do to help? In doing
Priority 2, it being so interrelated to Priority 1, it--there
is a symbiotic relationship between those two priorities.
The consequences. We can debate the consequences of an un-
secure border, but they're significant. Whether you look at it
from a purely economic standpoint in terms of the impact of
drug trafficking across the Nation, whether you look at it from
human trafficking, which as I know you heard today about, you
know, one of our troopers in the marine unit on one of our
tactical boats was waved down by two individuals in distress
and alerted them to a house they had been maintained in, and
they were there with 40 other additional individuals, men and
women, had been kept there for 3 days without food and water,
and the women had been sexually assaulted. That's not just
human trafficking, that's kidnapping, that's sexual assault.
These are the types of crimes that when you have, you know,
predators like the Mexican cartels operating in areas that you
have--we're concerned about.
We're concerned about criminal aliens. We talked a little
bit about that today, and want to commend ICE--although he's
not here--Jerry Robinette at the secure border--secure
community initiatives. It has absolutely been useful from a
Texas standpoint. Everybody that's been booked into a Texas
jail has been checked against the IDENT database back in
Vermont and determined whether those individuals have been,
come in contact, or are criminal aliens.
In fact, we've identified over 101,000 individuals that
were criminal aliens that were responsible for over 331,000
individual crimes ranging from murder, from kidnapping,
terrorist threats, assaults as high--in fact, as high--murders
as high as 1,600 murders by these criminal aliens. Unless you
secure the border, some of these are recidivist, they're going
to continue to come back across, and that's why border security
is so important. That's why we appreciate your leadership in
securing the border, providing these men and women the tools
they need, but also the resources they need to secure that--to
secure that border. I can assure you from a Texas Department of
Public Safety standpoint, we'll stand by them, we'll do
everything we can to support them; and, importantly, we don't
want to forget this, because you talked about the low crime,
the low crime along the Texas/Mexico border is because we've
got a very, very competent local law enforcement community that
works together and have dedicated their lives to protecting the
citizens of their areas with a very dynamic and proactive
patrol presence, and we're very thankful that we have that type
of capability because, as you know, Texas is a law and order
State.
Thank you, sir.
[The prepared statement of Mr. McCraw follows:]
Prepared Statement of Steven C. McCraw
May 1, 2012
Good Morning Chairman McCaul, Congressman Cuellar, and other
distinguished Members of the Subcommittee on Border and Maritime
Security. My name is Steven McCraw. I am the Director of the Texas
Department of Public Safety and I would like to thank you for the
opportunity to testify before you today on this vitally important
economic, public safety, and National security issue.
The most significant vulnerability to the State of Texas remains an
unsecure Texas/Mexico border. The Mexican cartels continue to exploit
weaknesses in our border defenses including those at the 28
international bridges that connect Texas with Mexico to reap the
enormous profits generated by the smuggling of ton quantities of
marijuana, cocaine, methamphetamine, and heroin into and throughout the
United States to virtually every drug market in the Nation while
smuggling tens of billions of dollars, weapons, and stolen vehicles
back into Mexico. They also profit from kidnappings, extortions, major
theft, and the smuggling and trafficking of people. The amount and type
of violence committed by the Mexican cartels is unparalleled in
organized crime. They have embraced barbaric terrorist tactics to
intimidate and coerce their rivals, law enforcement, elected officials,
journalists, military personnel, and the citizens of Mexico. And they
continue to corrupt individuals and institutions to protect their
criminal enterprise activities and themselves on both sides of the
border.
The Mexican cartels will continue to undermine the domestic
security of Mexico and the safety and security of Texas and the Nation
until the U.S. border with Mexico is secured at the International Ports
of Entry (POEs), between the POEs and along our coast. They are highly
adaptable and as security is increased in one area, they quickly
exploit vulnerabilities in other areas, thus a comprehensive and fully
integrated approach is essential.
The Mexican cartels have long exploited the lines and limited CBP
resources and technology at our POEs to move ton quantities of drugs
into the United States and bulk cash, weapons, and stolen vehicles into
Mexico. Large loads of drugs routinely cross the international bridges
in trucks, buses, passenger vehicles and rail using a variety of
concealment techniques. CBP interdicts thousands of large drug
shipments attempting to cross the international bridges but they do not
have near enough personnel and technology to prevent the Mexican
cartels from continuing to exploit this serious vulnerability as
evidenced in the seizures that occur beyond the POEs:
On March 29, 2012, U.S. Border Patrol agents at a checkpoint
located on U.S. 67 four miles south of Marfa seized 2,395.65
pounds of marijuana concealed in voids inside construction
equipment located on a flatbed trailer after it crossed into
Texas undetected at the Presidio Port of Entry.
On March 29, 2012, the Parker County Sheriff's Office seized
approximately 2,500 pounds of marijuana concealed inside
construction equipment that was being transported on a tractor-
trailer at a truck stop on I-20.
On January 12, 2012, a Texas State Trooper stopped a
tractor-trailer traveling on U.S. 77 in Refugio County,
resulting in the seizure of 341 pounds of marijuana concealed
in the trailer with a cover load of limes that originated in
Veracruz, Mexico.
A Colorado High-Intensity Drug Task Force investigation
documented the use of buses to smuggle more than 45,000 pounds
of marijuana over 11 months that crossed at POEs in El Paso.
Within a 10-day span of time, a State Trooper patrolling
U.S. 59 in Wharton County seized 3,479 pounds of marijuana
concealed in a truck load of watermelons and another 4,235
pounds of marijuana concealed in a truck load of oranges.
On May 29, 2011 a Texas State Trooper seized 12,650 lbs. of
marijuana from a truck which had entered through the Phar POE.
The Mexican cartels also use the POEs to smuggle other drugs
as evidenced in the many CBP seizures at the POEs and Border
Patrol Checkpoints and by local and State law enforcement
officers patrolling the highways.
For example, a Texas State Trooper in Northern Texas seized
60 pounds of heroin that crossed a POE here in Laredo, Texas.
Some of the highlights from last week include:
DPS Agents seizing 145 lbs. of cocaine concealed in the roof
of a commercial trailer traveling on U.S. 281 near Edinburg,
TX.
A State Trooper seizing 3,277.4 lbs. of marijuana concealed
in two large metal containers covered by wooden pallets in a
trailer pulled by a truck on U.S. 281 near San Manuel, TX.
CBP Officers at the Gateway to the Americas Bridge seizing
15.2 pounds of methamphetamine hidden within plastic containers
comingled with mole.
A CBP K-9 Officer near the Hidalgo POE seized 231.57 lbs. of
marijuana in four elongated bundles at a drainage area.
Matagorda County Sheriff's Office Deputies and Palacios
Police Department Officers seizing $1,200,000 in cartel cash
from a residence.
Mexico is a highly-valued trade partner and legitimate commerce
should not be held hostage by the Mexican cartels. Sufficient personnel
and effective technologies are needed to deny the ability of the
cartels to exploit these high-value smuggling routes while enabling the
rapid and secure movement of people and merchandise through the POEs.
The State of Texas clearly understands that securing our Nation's
border with Mexico is the sovereign responsibility of the Federal
Government and we commend the brave men and women of the U.S. Customs
and Border Protection Service for the tremendous work they do on a
daily basis to protect our Nation's borders from all threats with the
resources they have been provided. The foremost priority of local and
State law enforcement in Texas has been and will continue to be the
protection of its citizens from all forms of Mexican cartel and gang-
related violence and our second priority is to assist our Federal
partners in securing the Texas/Mexico border which is interrelated with
our first priority.
The Federal Government can secure our borders if sufficient
personnel, technology, aircraft, and maritime assets are dedicated to
this mission. Until then, the State of Texas will continue to support
CBP with local and State law enforcement personnel, unified ground,
air, and maritime patrol operations, centralized intelligence,
decentralized information sharing and additional aviation, maritime,
and tactical assets. The State will also dedicate investigative and
prosecutorial resources and continue to execute the Cross-Border
Violence Contingency Plans as needed because the CBP mission is too
important to the State of Texas and the Nation.
The consequences of an unsecure border with Mexico are serious:
1. Nation-wide availability and affordably of marijuana, cocaine,
methamphetamine, and heroin.
According to the Department of Justice's 2011 National
Drug Threat Assessment the abuse of several major illicit
drugs, including heroin, marijuana, and methamphetamine,
appeared to be increasing, especially among the young. And
the estimated economic cost of illicit drug use to society
for 2007 was more than $193 billion which reflected direct
and indirect public costs related to crime ($61.4 billion),
health ($11.4 billion), and lost productivity ($120.3
billion).
The DOJ Assessment states that Mexican-based Trans
National Criminal Organizations (TCOs) dominate the supply,
trafficking, and wholesale distribution of most illicit
drugs in the United States and the reasons for the Mexican
organizations' dominance include their control of smuggling
routes across the U.S. Southwest Border and their capacity
to produce, transport, and/or distribute cocaine, heroin,
marijuana, and methamphetamine.
The collective local, State, and Federal law enforcement
drug seizures within the Texas border region increased by
57% from 2008 to 2011 which supports the findings made in
the 2011 DOJ National Drug Threat Assessment.
OPERATION BORDER STAR
----------------------------------------------------------------------------------------------------------------
Percent Change
2008 (Pounds) 2011 (Pounds) 2008 v 2011
----------------------------------------------------------------------------------------------------------------
Marijuana....................................................... 1,051,246 1,658,017 +57.65
Meth............................................................ 553 2,058 +272.15
Cocaine......................................................... 10,849 11,402 +5.1
Heroin.......................................................... 66 495 +650
-----------------------------------------------
TOTAL DRUGS............................................... 1,062,714 1,671,972 +57.33
----------------------------------------------------------------------------------------------------------------
2. The Empowerment of the Mexican cartels who threaten the domestic
security of Mexico.
The Mexican cartels are motivated by the billions of
dollars in profit from drug and human smuggling with
estimates ranging as high as $39 billion a year. The
cartels use these enormous profits to battle each other and
the Government of Mexico.
It is estimated that over 48,000 people in Mexico have
lost their lives since 2006 as the cartels fought to gain
and or maintain control of the highly lucrative smuggling
routes into the United States. As long as the border
remains unsecure, the Mexican cartels will continue their
campaign of violence and corruption along its Northern
Border and Texas must remain vigilant as it shares 64% of
the border with Mexico.
3. It provides Texas prison gangs resources to expand their
criminal operations on both sides of the border.
According to the Department of Justice gang suppression,
prevention, and corrections programs cost the Nation more
than $5.5 billion each year and that the toll exacted by
gang activity in lives lost and damage to the social fabric
of communities is certainly higher.
The U.S. Department of Justice (DOJ) spends more than $1
billion a year to suppress gang-related criminal activity
and at least $275 million a year on gang prevention
programs, according to 2009 DOJ information.
An estimated $4.2 billion a year is spent on new and
repeat incarcerations of gang members in Federal and State
correctional facilities and the Bureau of Justice
Statistics has reported that gang members were responsible
for approximately 4,323 homicides between 2005 and 2009.
The number of Texas prison gangs working directly with the
Mexican cartels has increased from 4 to 13 within 2 years.
The percentage Texas prison gang members incarcerated at
the Texas Department of Criminal Justice system for violent
offenses is 62%.
4. It increases the risk of our school children along the Texas/
Mexico border of being corrupted by the cartels.
The Texas border region comprises 9.7% of the State's
population but has 19.2% of the juvenile felony drug
referrals and 21.8% of the juvenile felony gang referrals.
Children as young as 12 years old have been paid to
transport drugs in stolen vehicles and 25 students in one
high school in a Texas border county were transporting
drugs for the cartels.
5. It enables the cartels to conduct drug and human smuggling
operations on Texas ranches, farms, and cities throughout the
State increasing the risk to the public and law enforcement.
There have been over 2,065 high-speed pursuits in the
border region, some involving cartel blocking cars, 77
instances of Caltrops deployed to disable patrol cars, and
62 pursuits ending with the drug loads being driven into
the Rio Grande River and met by cartel boat retrieval
teams.
Seventy-three local, State, and Federal law enforcement
officers have been shot at from Mexico in 53 separate
incidents while attempting to interdict drug loads on the
Rio Grande River and there have been 26 documented cartel-
related murders and 22 kidnappings.
6. It increases the trafficking of people in the United States.
The number of Border Patrol illegal alien arrests in Texas
decreased from 175,595 in 2008 to 125,821 in 2011. However,
others who were not arrested fell victim to human
traffickers and were kidnapped, extorted, compelled into
prostitution, and forced into indentured servitude. These
crimes are seldom reported and when they are they are not
reflected in UCR Index Crimes.
A recent example illustrates the seriousness of the
problem. On April 9, 2012 a Texas State Trooper assigned to
the Tactical Marine Unit was flagged down by two
pedestrians in distress who identified a residence where
they were held against their will. Thirty-eight illegal
aliens were rescued from the residence after being held
captive for 3 days without food. The females being held
captive had been sexually assaulted.
7. It provides potential terrorists and their supporters a way in
to the United States without detection.
The Rio Grande Valley leads the Nation in the number of
illegal aliens arrested along the border between the ports
of entry from countries that have a documented terrorism
presence such as Afghanistan, Pakistan, and Somalia.
8. It enables serial criminals from around the world to come to the
United States and commit crimes.
Through the Immigration and Customs Enforcement's Secure
Communities Initiative, Texas has identified a total of
101,133 unique criminal alien defendants booked into Texas
jails who are responsible for at least 343,226 individual
criminal charges over their criminal careers including
1,738 homicides, 645 kidnappings, and 42,402 assaults.
9. The Mexican cartels corrupt local, State, and Federal U.S. law
enforcement officials in support of their smuggling operations.
Since 2004, 132 Federal law enforcement officers have been
arrested for corruption along the Southwest Border and
according to the DHS Inspector General as of May, 2011
there were 1,036 open investigations of CBP personnel.
Border corruption plagues local and State law enforcement
as well. Two Texas Sheriffs were convicted for cartel-
related corruption and recently a Texas State Trooper
seized over $1 million being transported by a former DPS
Officer who was seeking election to a Constable position in
South Texas.
10. It exposes Unaccompanied Alien Children (UACs) from Central
America and Mexico seeking refuge in the United States to
serious risk from human traffickers and criminals.
Although illegal alien arrests in Texas have decreased
since 2008, the number of UACs increased dramatically.
According to media reports HHS advised that the number of
UACs have increased by 93% since last year
The Federal Government lacks the capacity to address the
dramatic increases in UACs and as word continues to spread
more UACs will likely come further stressing the system
unless foreign governments can be enlisted to intervene.
The management of a simple childhood disease, like the
chicken pox, has illustrated the challenges in addressing
the UAC issue. Approximately, 10% of the UACs that arrive
at emergency shelters in Texas have contracted or been
exposed to a communicable disease requiring an immediate
response from the Texas Department of State Health Services
and local health care systems.
Understandably, the need to coordinate among five separate
Federal agencies--DHS/CBP, DHS/ICE, HHS/ASPR, HHS/AFC, and
DOD on this issue is challenging.
The unfortunate paradox that exists is that by adhering to
our values to treat these children exceptionally well, we
will likely entice greater numbers of children to endanger
themselves.
Last, I would like to thank Chairman McCaul, Congressman Cuellar,
and other distinguished Members of this subcommittee for your
unwavering commitment to securing our Nation's borders in a way that
ensures the secure and efficient commerce with Mexico.
Mr. McCaul. Let me say thank you for your leadership from
the State perspective and thanks for being here today.
Mr. Garza, we got a close look up-front of the bridge and
the X-ray machines. The difference I saw from prior trips is I
didn't see any more human smuggling. Five thousand 18-wheelers
crossing through every day. Not to say that there aren't
narcotics coming through, though, but I thought that that was
an interesting trend.
Now, as Mr. McCraw testified, they are coming in, but I
don't think it's at the port of entry as much as it used to be
and I think you're doing a good job in that respect.
The DOJ National Drug Threat Assessment found, though, that
the majority of drugs coming through the country into the
United States are coming through the ports of entry and I just
wanted to get your thoughts as to whether that is an accurate
assessment.
Mr. Garza. Well, sir, thank you for the question.
What we see at the ports of entry is what we seize. That
that reaches up north--certainly, through our layered
enforcement we have the checkpoints out on the highway that are
inspecting vehicles going north as well. You know, we're not--
we're not naive, we're not going to, you know, testify that we
catch everything that comes through, but what can I tell--what
I can tell you is that we use every means of equipment that we
have. We have dedicated canine resources that we use
effectively every day. If something is getting through to us,
you know, they normally are not coming back and telling us that
they have gone through us.
We do work intel through our partners. We work very
effectively with all of the law enforcement agencies, both
Federal and State. We're doing a lot of outbound searches with
DPS, with Border Patrol, with State DPS Officers, as well as
the local sheriff, and then, of course, the police department;
but, you know, we do operations, daily operations. We know how
much we seize, but we don't have any way of knowing how much
gets through it.
Mr. McCaul. But we know somehow it's still coming into the
country.
Mr. Cuellar and I dealt with the funding for the BEST
teams, the Border Enforcement Security Teams, do you believe
that's a wise investment?
Mr. Garza. Yes, sir. I think that is very wise. I was one
of the first stakeholders, that used to be called Black Jack
when we first started here in Laredo, that went on, a very
successful program. It went on and it was instituted at every
major area within our border and, now, we're trying to do it in
the United States, so that is very wise. You have an array of
people that are working together, law enforcement people that
are working together and they're working off of intelligence,
and also we have our Mexican partners in there at some of these
BEST units. So nobody can do--even though it is our
responsibility, the ports of entry, we have to rely on other
agencies, both Federal, State, and local agencies to help us
with the enormous task that we have at hand trying to secure
our borders.
Mr. McCaul. I think the BEST teams in terms of, you know,
confiscating the cash for the weapons going south, that really
chokes the life blood of these drug cartels.
Now, we--as we talked about at lunch, they're using other
ways to launder money back into Mexico, and I think--I want to
commend everybody in the room who is participating with the
task force in that regard.
Let me ask you about technology. We've--Henry and I have
been huge proponents of leveraging existing technology; a lot
of it actually being brought back from Iraq and Afghanistan. We
talked about the helicopters earlier. We secured three UAVs for
the State of Texas. Sensor surveillance technology. Now, I know
a lot of that may be between the ports-of-entry type of
technology, but what more could you use in terms of--what
technology is available or could be available in the near
future for you to utilize at the port of entry?
Mr. Garza. Thank you for the question, sir.
Technology has made the difference in our work at the ports
of entry.
Just to give you an example, prior to us having the imaging
systems that we have in the cargo lots, which help us move that
enormous amount of trucks and merchandise that we have, they
used to unload by hand and it would take anywhere from 4 to 5
or 6 hours. Now the technology that we have where we image that
merchandise and that trailer, and we don't see any anomalies in
there, it's out the gate. So it has reduced not only inspection
time, but it also has reduced costs for the border community
and has reduced the wait times as well. When we do not have to
see a shipment, it only expedites the trucks that are going
through our cargo.
Mr. McCaul. The portal monitors' radiation, very
impressive, 100 percent screening for a nuclear device coming
into the Nation, one of the biggest threats that we could see
on the horizon. The canines I think are extremely helpful with
narcotics. Tell me about explosives. What are you doing to stop
explosives coming in?
Mr. Garza. Well, explosives, we used to have the two
explosive dogs here in Laredo. We partner with--anytime we--
radiation portal monitors are screening for radiation. In
addition to the primary, we have a secondary radiation portal
monitors which is used for--to examine anything that has a
concern at one of the--of our primary terminals, but we
primary--here in Laredo, we partner with the Laredo Police
Department. They have two explosive dogs and they're available
on a 7 24, and it's just like calling the fire department. We
call them if there's a bomb threat on the bridge or in any of
our facilities, they come in and they clear it for us; but we
do not have explosive dogs anymore.
Mr. McCaul. I think one of the things we always talk
about--``What keeps you up at night?''--and one of the fears I
have is Iran's influence in the Western hemisphere.
The tension between Israel and Iran is probably as worse as
we've ever seen it, with the potential for a strike on Iran by
Israel and the retaliation that would occur, both in Israel and
in the Western hemisphere, that's an issue that we have to look
at. As Iran gets closer to weapons-grade uranium, for instance,
one of my nightmare scenarios is these flights between Caracas
and Tehran, that we know are occurring; and Interpol is not
able to monitor those flights, what is going back and forth,
whether it's people or whether it's, possibly, a weapons-grade
type of uranium. That in the Western hemisphere, if that
happened, and it came over here, the scenario of it crossing--
perhaps, maybe, between a port of entry not through a port of
entry--in a backpack, and then used in a major city in the
United States with a stick of dynamite to explode a dirty bomb
in one of our major cities, that's a scenario that keeps me up
a lot.
Mr. McCraw, I wanted you to possibly comment on that
scenario and how can we stop that?
Mr. McCraw. Well, there are too many holes, too little
time, Chairman. That's why we worry about securing our National
border.
That's why we're, you know, willing to do what we can to
help our Federal partners because every day matters. We're
mindful that our enemies seek to destroy us and our way of
life. They're very patient, and it's been a while since 9/11,
we tend to forget; and even though our brave men and women are
over in Iraq and Afghanistan, you know--you know, every day,
you know, battling for our freedoms, we have to be mindful that
they will seek to destroy us and they will seek to attack us
again on U.S. soil.
I'd like to bridge a little bit in terms of technology that
we're working with the Border Patrol on, and--and really it
started with the Texas sheriffs and working collectively. You
don't have to spend a lot of--you always don't have to spend a
lot of money to do it right, especially right now, because the
private sector are the experts when it comes to technologies
right now to the extent we can leverage what they do.
We simply took wildlife cameras, okay, which is nothing
more--it's got UV on a cell back--cellular phone--cell phone
backbone that--motion detection, heat detection for under $300,
you can produce, it can lasts up to 60 days in terms of battery
life, put them in high-traffic areas, work with--closely with
our Border Patrol partners and--you know, I was talking to
Chief Johnny Espinoza and he said in the Laredo sector alone,
they're getting 200 apprehensions a week as a result of these
cameras that we deployed. So, you know, you might--you know,
you don't have to spend a lot--you don't always have to spend a
lot of money to get things right, and you do have to--and I
think that both of you understand it very well, and that's the
great thing about coming to Laredo, and for that matter all of
Texas, is that we all get along and recognize the importance of
complementing in the base--efficiencies that we can achieve is
teamwork and working together, but technology--to take care of
the issue on the bridge at the end of the day it has to be
technology; because you cannot process that many truck-tractor
semi-trailers over those international bridges, you know, by
people alone. You can't keep breaking the seal.
You have to find a way to identify the nuclear-type of
option, radiological-type of option, but also the drug option
and take--if you can take--if you deny the cartels their
profits up to--ranges up to $39 billion a year for drugs, No.
1, you're going to help the United States substantially in
terms of the impact drugs have on our communities; and, No. 2,
you're going to deny them the money they're using to battle
each other, the citizens of Mexico, and to undermine the
domestic security of Mexico.
Mr. McCaul. Okay. Thank you.
My last question, getting back to more the threat, I think
the Saudi ambassador plot was a real wake-up call. The idea
that an Iranian operative would be contracting with what he
thought were Los Zetas to assassinate an ambassador in
Washington, DC is an eye-opener.
So as we look at what's happening, just right across the
river, we know that the Zetas and the Sinaloa are in one of the
toughest fights that they've ever been in, and the Mexican
military and police are cracking down on them, as well, it's
very foreseeable that the violence, as we talked about at lunch
time, is going to escalate.
Can you comment about how the violence that's occurring in
Mexico, how that impacts the security of the United States?
Mr. McCraw. Well, No. 1, what they're buying--what they're
fighting for is those valued--high-value, very lucrative drug
and human smuggling markets; and we're the demand. As long as
it's un-secure, they can move ton quantities of drugs in that
impacts this Nation. The last--the same report that you
referenced in terms of NDIC DOJ's threat assessment talked
about increasing use of drugs--and we were trending down, now
we're trending up, especially in youth--that has an impact on
the United States in terms of productivity in terms of social
justice, in terms of criminal justice, a number of different
factors. So we're mindful of that, but at the same time we're--
you know, from a Homeland Security, a National security
standpoint, unless you know who comes between the ports of
entry and at the ports of entry, you know, as long as we've
increased the security overseas in terms of visa, viper, all of
the other programs that we've done at the airports, you know,
unless we eliminate the ability to come between the ports of
entry undetected, you know, and unvetted, we are at risk and
will continue to be. We know, from the numbers, we know that
the Rio Grande Valley leads the Nation in terms of arrests of
foreign nationals from countries that have a known
international terrorism presence between the ports of entry.
We're mindful of that and we're--we're obviously concerned
about it, because you never know, you know, end of the day this
about being proactive in a post-9/11 environment, and that's
why from a law enforcement standpoint we're worried about that
violence. You've got to get in their face.
That's why the Sheriff's Department--you know, I can assure
you that Webb County Sheriff is not going to allow a bunch of
thugs to overrun ranch land and farm land. When he hears it,
he's going to respond, deputies are going to respond. The same
thing with Chief Maldonado here, it's the same thing. To the
extent that DPS can back that up and ensure that we can provide
capabilities to assist them with strike teams or aviation
assets or that--tactical boat teams, we will do that; because,
you know, in Texas we're not giving up one square inch to these
thugs.
Mr. McCaul. I thank you. The Chairman now recognizes the
Ranking Member.
Mr. Cuellar. Thank you very much.
Mr. McCraw, you make a very good point about, you know, not
the best at--I mean, when you look at technology, you don't
have to pay all of these amount of dollars, because you can
find a lot of good technology out there that's available at
cheaper prices. I was trying to get the exact number as to how
much money we spent for SPI, as you know, that Federal--was a
pilot program that----
Mr. McCraw. We spent $1.2 billion.
Mr. Cuellar. Exactly. We've spent a lot of money, and one
of the things, Mike and I--Congressman McCaul have always said,
especially look at some of the technology that the military has
used, because if it's good enough for the military, I can't see
why we have to go spend all of those dollars and research and
develop new things when the wheel has been invented already.
So, you know, certainly, I appreciate what you're doing in
trying to find that technology.
The other thing is to ask our Homeland Security folks is,
I've always said, if you have a structure out there--and I've
asked--you know, I've asked in the past: ``Well, why cannot DPS
put a camera there and share some of the infrastructure, so you
don't have to develop--you know, put a tower over here when you
already have a tower and work with the local sheriffs and
police to do that?'' So the more we can do that, I appreciate
it, and you made a good point there.
The other thing is that what Congressman McCaul and I were
doing is that the last time we were in Iraq, we were all--we
know there's billions of dollars of equipment coming back to
the United States and as we do go through the budget cuts that
we're doing right now, just this Friday there was a story and--
and I was on the phone yesterday with Chairman McKeon, who is
the Chairman of the Armed Services, for example, the U.S. Air
Force is going to send out to the bone yard 18 of those Global
Hawks, which are those--the more expensive drones than what the
Homeland uses.
So I spoke to him, I said, look, I know Congressman McCaul,
and myself, and other folks are interested to see if there's
any way--instead of putting those new drones out there, UAVs,
and put them in the bone yard, why not use that over here and
partner up with--you know, whether it's with the State or with
Homeland Security, and that's something that McCaul and I are
going to be looking at.
The other thing is, we've asked you and we asked the--
General Nichols also, the TAG, to give us a list of what
equipment you might be interested so we can go ahead and
contact the Department of Defense, and in a letter by McCaul
and myself and the group of us, the Texas delegation, both
Democrats and Republicans, to help you get that equipment
because, you know, the taxpayers have paid for those dollars.
If there's equipment that can be useful to us, we certainly
want to work with you. I know that Mr. Dragon over here and--
and fold--a few of us are working on trying to put that list,
so the faster you can get that, the faster Mr. McCaul and I can
help you put that.
Mr. McCraw. We already have our list together, Congressman.
We appreciate you asking and we do--it's at a page-and-a-half
right now and we'll continue to add, but we appreciate the
opportunity.
Mr. Cuellar. Okay. When you get to 10 pages, put a period
and we'll turn that in I think.
Mr. McCraw. Yes, sir.
Mr. Cuellar. We really appreciate that, and thank you for
what y'all are doing there at the State level.
The other thing is, we want to make sure, Mr. Garza, is
that we're innovative in how we do our work on the border,
because, you know, we've got to find that right balance between
security. We have a lot of opportunities because, like I
mentioned, 6 million jobs are created in the--are here in the
United States based on the trades that we have with Mexico.
One of the things that I see Mr. Carlos Villareal over
here, the No. 1 Aggie that have here in Laredo, Texas, is--is
we're, as you know, Laredo is on the verge of being the first
city in the State, in the country, should I say, to establish
where we have Mexican Customs to be at our Laredo Airport where
cargo that's flying over Laredo right now will be able to stop
in Laredo, pre-clear it through working with the Mexican
Customs and then go into Mexico. We encourage you--and I know
we've talked, and you're doing a great job, but make sure that
whatever flexibility we need to make sure that your men and
women are working with the Mexican Customs, because the program
that we're going to establish here, once we get it done--and
there's still a couple of little things that we need to finish,
but that will be historic; and I think it'll be a model for the
United States once we're open to that.
So Mr. Garza, you've been very, very good. We would ask you
to be as flexible and talk to your men and women to make sure
that they work the Mexicans, because I want to see this program
work. We've been working on it for a long time.
The last time I was in--well, when I was in Cartagena,
Colombia, we spoke to Secretary Clinton and we got the letter
urging her to finish the last little points that have to--have
to be done, because, you know, there's going to reciprocity
where the American Customs will be over there. There's some
questions about guns and guns on the other side and all of
that. So we're trying to push this, but we want to make sure
that at the local bases that we're as flexible as possible to
make sure this works. So--but, you know, appreciate everything
that you're doing on that part there.
Finally, the last thing I want to do--I know we've got some
of the private sector here, and y'all have been doing a good
job, but we want to make sure this happens up and down the
border. Your men and women that are getting--you know, looking
at all of the people going through, for example, Laredo,
there's a hundred buses a day that come in from across the
river, we want to make sure that if there's a bad apple you
treat them like a bad apple. But 99.9 percent, or maybe 99
percent of them are good people that are coming over here to
spend dollars at the stores. They go to San Marcos, go to the
Galleria in Houston, San Antonio, the River Walk, they spend a
lot of money over here; and you've heard me say this more than
once, I--again, if it's a bad apple, treat them like a bad
apple, but the majority of them are coming in, we need to treat
them with courtesy and with respect, because they're coming in,
and we want to make sure that the first face of the United
States--and it's the men and women that you're here--it's the
best face we can give them because--especially if they're going
to be spending a lot of money over here.
So, again, I know you all are doing a good job, but just
make sure that that happens up and down the border. I think out
of all of the Congressmen, I've got more ports and bridges than
any other Congressman in the country and this is why this
committee is very important to me and why we find that--that
right balance. So I know, Gene, y'all----
Mr. Garza. Yes, sir.
Mr. Cuellar. Y'all have been doing a good job, and
encourage y'all to keep--continue doing that.
Mr. Garza. We'll continue to do that, sir.
Mr. Cuellar. Okay. Finally, the last thing that I want to
mention is, on the technology part of it, there is--and
Congressman McCaul and I have pushed this very hard. A lot of
times there's good ideas out there. There's a lot of companies,
small start-up companies--and I know I was up there in Austin a
couple of years ago. There's companies out there that come up
with good ideas on how we can provide better security, and I
would ask you--I know you've got to go up your chain, you've
got to go up what--you know, the--but if you ever see good
ideas out there, I would ask you to just try to pass that up as
soon as possible. Because what makes our country great is the--
you know, the business people that come up with this
innovative--and we've talked about the bad guys, how innovative
they can be, but I would ask you to just, when you see good
ideas up there, to try to move them up there, because sometimes
there's a lot of--there's a lack of flexibility up there in
Washington, DC and--not here, but I'm talking about up there--
and we see a lot of good ideas that I think will provide us a
lot of security.
I know that, for example, y'all--you've got some idea so
you can move a lot quicker. I know we've got to go up their--up
a chain, but, Mr. Garza, I would ask you, you know, to just--
you know, you're a good man. You've done a heck of a job. I
would ask you that whenever y'all see any good ideas, your men
and women, send them up there, so we can get to your folks and
say: ``Yes, let's use this idea,'' because we saw some of the
technology that you're using here----
Mr. Garza. Yes, sir.
Mr. Cuellar [continuing]. And I know there's a lot more
technology, and we've seen a lot of this technology, so I would
ask you to do that, because technology--you know, personnel is
important, the procedures that we use is important, the
cooperation, communications are important, but technology is
one part that I would ask you to do that, because we've got to
be one step ahead of the bad guys at all time, and ask you to
just send any good ideas up there. Basically, I really don't
have any questions. I really appreciate what y'all of--you
know, both you are doing, Mr. McCraw at the State level, and
Gene, Mr. Garza, you all have been doing a heck of a job, but
just a couple of comments and observations about technology and
working together in this pilot program that Mr. Villareal over
here and some of us have been pushing.
You remember the first meeting that we had, both customs,
Mexican Customs and American Customs, were saying--they
literally were like this and saying, ``It's not going to
work.'' It's not going to work, and Mr. Villareal had to
mention to the Mexican officials that the Laredo Airport has
more runways than the Mexico City Airport does and it's one of
the things that we just want to make sure that, you know,
programs like this are going to be very historic in nature.
We've all got to make sure that they're successful for trade,
security, and finding the right balance.
Mr. Garza. Yes, sir. We have had numerous, numerous
meetings with Mexican Customs both at the local level and at
the Mexico City level. We're on top of this. That is at the
highest levels of government on both sides waiting to get
approval. It certainly has our backing.
Mr. Cuellar. Thank you very much.
Mr. Chairman, I have no other statements. I just want to
thank Mr. McCraw and----
Mr. McCraw. Thank you.
Mr. Cuellar [continuing]. Thank Mr. Garza for the good work
that they and their men and women have been doing.
Mr. McCaul. If I could just echo the Ranking Member, the
best ideas don't come out of Washington. They come from the
local areas, and, you know, every time I come down to the
border, I learn something new. We learned a lot of new things
today and I encourage Members, other Members, to come down here
because you really don't understand it until you see it.
With that, I want to thank you for--both of you for your
great leadership and hard work on this issue.
Mr. Garza. Thank you, sir.
Mr. McCraw. Thank you, sir.
Mr. McCaul. Appreciate it.
Mr. Cuellar. Thank you very much.
Mr. McCaul. I want to thank our second and final panel; and
I'd like to make quick introductions and move on to your
testimony.
First, we have Mr. Jesse Hereford who is the director of
Government Relations and Business Development at S&B
Infrastructure as well as the vice chairman of the Border Trade
Alliance. He serves as a liaison to elected and non-elected
officials at the local, State, and Federal level on issues
related to transportation and infrastructure. He worked for
Senator Hutchison. Appreciate your service in the Congress and
you've held so many leadership positions I can't possibly go
through all of them.
Mr. Hereford. Thank you.
Mr. McCaul. Thank you so much for being here.
Mr. Hereford. Thank you, Mr. Chairman.
Mr. McCaul. Next, we have Mr.--I'm told I can call you
Willie. Is that----
Mr. Martinez. Yes, please. Please do.
Mr. McCaul. Willie Martinez, Jr., is the chairman of the
Laredo Chamber of Commerce, a native of Puerto Rico. Luis
Fortuno and I came in together----
Mr. Martinez. Oh, really. Very nice.
Mr. McCaul [continuing]. With Mr. Cuellar. A very good man.
Mr. Martinez. He's Governor.
Mr. McCaul. Now the Governor.
You've made Laredo home since 2001. Retired U.S. Army
Captain, currently serves as senior vice president for the
International Bank of Commerce. Thank you so much being here,
Mr. Martinez.
Mr. Martinez. Thank you.
Mr. McCaul. Jose Gonzalez is the president of JD Gonzalez,
LCB, and has over 20 years experience in the international
trade industry. Served as president of Laredo Licensed U.S.
Customs and Brokers Association, and is currently serving as
the chairman of the board where he assists in representing one
of the largest concentrations of customs brokers at working and
securing our borders while facilitating legitimate trade, which
is exactly the point and purpose of this hearing.
I want to thank all three of you for being here today. With
that, the Chairman recognizes Mr. Hereford for his testimony.
STATEMENT OF JESSE HEREFORD, VICE CHAIRMAN, BORDER TRADE
ALLIANCE
Mr. Hereford. Thank you, Chairman McCaul, Ranking Member
Cuellar.
The Border Trade Alliance appreciates the opportunity to
submit testimony for this important subcommittee hearing on
security and trade facilitation technology at United States'
ports of entry.
The Border Trade Alliance was founded in 1986. We are a
nonprofit organization that serves as a forum for participants
to address key issues affecting trade and economic development
in North America. Working with entities in Canada, Mexico, and
United States, the BTA advocates in favor of policies and
initiatives designed to improve border affairs and trade
relations among the three nations.
BTA's membership consists of border municipalities,
chambers of commerce, industry, academic institutions, economic
development corporations, industrial parks, transport
companies, custom brokers, defense companies, manufacturers,
and State and local governmental agencies, just to give you
some background.
Our organization over the years has had as part of its
membership as various technology companies, both large and
small, including manufacturers and technology integrators.
The BTA, however, does not endorse one company's technology
over another. We wholeheartedly acknowledge that technology
must play a pivotal role in any border and port management
solution that the Department of Homeland Security pursues.
Without technology we will never have enough Border Patrol
agents to secure the vast frontiers along the Southern and
Northern Borders, nor will we have sufficient CBP Officers to
staff every lane at our ports of entry.
When it comes to the type of technology, however, we are
unequivocal in our belief that the Federal Government must
place an emphasis on implementing non-intrusive technologies to
inspect cargo entering the United States. That is, technologies
that do not require CBP Officers to open conveyances in order
to clear the contents to enter U.S. commerce. Such intensive
inspections slow entry times, lead to longer border wait times
at increased costs and, in the case of produce--in the produce
industry, can result in a total loss.
I'm trying to get this down to 5 minutes. I've had to skip
through a lot.
Mr. McCaul. You're doing great.
Mr. Hereford. We echo Congressman Cuellar's comments on CBP
staffing levels. Border Patrol has seen a huge spike in agents
since fiscal year 2004. That year Border Patrol was allocated
$4.9 billion to fund over 10,000 agents, but by fiscal year
2010, Border Patrol was allocated $10.1 billion to fund just
over 20,000 agents.
According to a March 30, 2011 GAO report, the Border Patrol
is now better staffed than at any other time in its 86-year
history. The same rapid rise in staffing levels cannot be said
for CBP inspectors at our ports of entry.
To the extent that the Members of your subcommittee can
influence the process, we strongly encourage you to work with
the recently-named conferees to the Transportation
Reauthorization Conference Committee to ensure that the next
highway funding bill includes funding for the Coordinated
Border Infrastructure program. I know Congressman Cuellar has
worked with us very closely on that program as was the case
under SAFETEA-LU.
CBI funds are dispersed to border State departments of
transportation to help underwrite costs for transportation
projects associated with facilitating international trade in
and around the ports of entry with project locations up to 100
miles from the border. These funds can be used for technology
that help facilitate trade.
CBI's effect on border State economies is drastic. The
program has an annual economic impact of $55.9 million in
Texas, $26.6 million in California, $27.5 million in New York,
and $28.3 million in Michigan.
I wanted to shift gears here, and this is not part of my
testimony, the written testimony that was submitted, but I will
provide copies for each of you.
Congressman, you were talking about good ideas and getting
good ideas presented to the committee. There is a Freight
Shuttle project that the Texas Transportation Institute has
developed, and they're looking at a pilot program in El Paso to
start off with and then eventually another phase would be the
Laredo to San Antonio corridor; but I wanted to highlight that
project just briefly and then wrap up my testimony.
The Freight Shuttle System is an innovative privately-
financed and -operated freight transportation alternative for
use in highly-congested intercity corridors. This system will
be an automated, zero-emission, lower-cost, and higher-
performing option for shippers that are increasingly
constrained by the congestion growing in our many critical
freight corridors. It operates single-unit transporters at 62
miles per hour over a distance of up to 500 miles using tried
and tested monorail technology.
Again, I'll make sure to provide all of that to the
committee.
Then, just in closing, I wanted to highlight Senator
Hutchison, my old boss. She, last week, asked the GAO to
conduct a border wait-time study; and in that wait-time study
she asked that the CBP processes, technology, infrastructure,
and staffing levels be examined and then present that back to
the Congress.
So, in closing, the Border Trade Alliance appreciates the
opportunity to submit these comments for the record. We welcome
the opportunity to testify before your committee in the future
and we offer our 25 years of experience in border affairs as a
resource to your committee as you investigate these and other
important issues affecting border security.
[The prepared statement of Mr. Hereford follows:]
Prepared Statement of Jesse Hereford
May 1, 2012
The Border Trade Alliance appreciates the opportunity to submit
testimony for this important subcommittee hearing on security and trade
facilitation technology at United States ports of entry.
ABOUT THE BORDER TRADE ALLIANCE
Founded in 1986, the Border Trade Alliance is a non-profit
organization that serves as a forum for participants to address key
issues affecting trade and economic development in North America.
Working with entities in Canada, Mexico, and the United States, the BTA
advocates in favor of policies and initiatives designed to improve
border affairs and trade relations among the three nations.
BTA's membership consists of border municipalities, chambers of
commerce and industry, academic institutions, economic development
corporations, industrial parks, transport companies, custom brokers,
defense companies, manufacturers, and State and local government
agencies.
WHAT'S AT STAKE?
The subcommittee should be commended for examining not only
technology's effect on security at our ports of entry but also how
technology might be used to speed legitimate trade and travel through
the ports.
Our ports of entry are quite literally our country's gateways to
economic health and prosperity.
Customs and Border Protection in fiscal year 2010 facilitated $2
trillion in trade. Our neighbors in Canada and Mexico are our Nos. 2
and 3 trade partners respectively by imports world-wide. Canada and
Mexico in fiscal year 2010 were each responsible for sending more than
$220 billion worth of imports into the United States.\1\
---------------------------------------------------------------------------
\1\ Canada: $270,538,454,767 in imports; Mexico: $220,628,712,432.
---------------------------------------------------------------------------
Our country maintains an inextricable economic link with Canada and
Mexico. Texas, for example, is the No. 1 destination for Mexican
imports at a value of a staggering $75 billion.
Much of the same can be said for U.S. exports, where Canada and
Mexico rank 1 and 2 world-wide as destinations for our goods.\2\
---------------------------------------------------------------------------
\2\ Canada: $244,199,301,410 in exports; Mexico: $155,599,424,038.
---------------------------------------------------------------------------
These aren't just economic data compiled by Government
statisticians. These numbers mean jobs. One in four U.S. jobs depends
on international trade. Consider the border States like California
where 617,000 jobs depend on international trade, or Texas, where it's
539,000 or Michigan where it's 210,000.
NON-INTRUSIVE = SUCCESS
Our organization, the Border Trade Alliance, over the years has had
as part of its membership various technology companies, large and
small, including manufacturers and technology integrators.
The BTA does not endorse one company's technology over another's.
We wholeheartedly acknowledge, however, that technology must play a
pivotal role in any border and port management solution that the
Department of Homeland Security pursues.
Without technology, we will never have enough Border Patrol agents
to secure the vast frontier along our Southern and Northern Borders,
nor will we have sufficient CBP Officers to staff every entry lane at
our ports.
When it comes to the type of technology, however, we are
unequivocal in our belief that the Federal Government must place an
emphasis on implementing non-intrusive technology to inspect cargo
entering the United States. That is, technology that does not require
CBPOs to open conveyances in order to clear the contents to enter U.S.
commerce. Such intensive inspections slow entry times, lead to longer
border wait times, increase costs and, in the case of the produce
industry, can result in total loss.
BEWARE THE EXIT PROCESS
In testimony delivered by DHS Secretary Janet Napolitano before the
Senate Judiciary Committee on April 25, the Secretary touched on the
United States Visitor and Immigrant Status Indicator Technology, or US-
VISIT, and stated that in October 2001 she:
`` . . . proposed a strategy to Congress to utilize DHS funds to
implement an automated vetting and enhanced biographic exit capability.
This strategy will allow the Department to significantly enhance our
existing capability to identify and target for enforcement action those
who have overstayed their authorized period of admission, and who
represent a public safety and/or National security threat by
incorporating data contained within law enforcement, military, and
intelligence repositories.''\3\
---------------------------------------------------------------------------
\3\ http://www.ilw.com/immigrationdaily/news/2012,0426-
napolitano.shtm.
The BTA has a long history with US-VISIT, having served on the
Department of Justice's Data Management Improvement Act Task Force
shortly after 9/11, which was charged with making recommendations to
the Department on how to implement an integrated border entry and exit
system. While the BTA has never endorsed US-VISIT per se, we have
always sought to work with DHS (and its legacy agencies in the
Department of Justice and the Department of the Treasury) to implement
an entry and exit system that would not harm border communities.
A word of caution as your subcommittee contemplates how such a
system might actually work. If DHS is looking to its management of the
border entry process for inspiration, then border communities should
hold their collective breath when it comes to DHS' development of the
Congressionally-mandated immigration exit process.
The need for an exit system is not a new idea. Congress first
called for the development of an exit control in the 1996 Illegal
Immigration Reform and Immigrant Responsibility Act. In the 16 years
since, Congress has reiterated and strengthened its mandate in various
statutes, including the anti-terrorism USA PATRIOT Act, and DHS has
struggled to implement it, missing deadlines as it worked out how to
design a system to accommodate travelers in the air, sea, and land exit
environments.
Yet the mandate remains in statute and the Congress--and
immigration enforcement and reform--require results. In the fiscal year
2010 DHS budget bill, Congress called on the Department to make
quarterly reports on its progress in developing US-VISIT for the land
borders, leading many to believe that some sort of land border exit
program test is coming down the pike.
Border communities in the United States have seen their local
economies negatively affected by the economic downturn of this Great
Recession and the increasing hassle experienced by shoppers and other
visitors crossing the border. Adding another layer of delays to the
border crossing experience--this time as travelers attempt to head
home--could sink the border economy.
In the pilot tests run by DHS in the air environment, the exit
process mirrors the entry process. It need not be so at the land
borders. With the right mix of technology and political will, the land
border implementation of US-VISIT can result in the exit of foreign and
U.S. travelers out of the United States and into Canada and Mexico
without the long lines they all endure coming in.
Any US-VISIT solution for the land borders should be implemented
with the best interests of border communities as the top priority.
Replicating the entry process is a non-starter. Long lines of traffic
backups into U.S. communities will be fiercely--and rightly--opposed at
a local level and by many in Congress.
But by deploying available technology designed to continue the
current unimpeded U.S. exit--not slow it with a new exit process--the
Government can implement a US-VISIT land exit solution that meets the
mandates of Congress, the needs of local communities, and doesn't
become an impediment to trade and travel.
A DISCREPANCY IN AGENCY RESOURCES
In February 2009, Chesley Sullenberger, the famed pilot who
successfully ditched his U.S. Airways Airbus in the Hudson River
following a bird strike that disabled his aircraft, testified before
the House Committee on Transportation and Infrastructure's Subcommittee
on Aviation. In his testimony, Sullenberger said:
``In aviation, the bottom line is that the single most important piece
of safety equipment is an experienced, well-trained pilot.''\4\
---------------------------------------------------------------------------
\4\ http://aircrewbuzz.blogspot.com/2009/02/what-capt-sully-
sullenberger-told.html.
In port security, much like in aviation, there is no more important
technology than an experienced CBPO who can spot an anomaly or identify
a traveler who might seek to do us harm.
Unfortunately, this vital element of border and port security is
growing increasingly hard to come by.
Your subcommittee will get no argument from the trade community and
the constituency that the BTA represents that the Border Patrol is not
an integral component of our Nation's border security strategy.
But the increased attention that Congress and this and previous
administrations has directed towards Border Patrol has left the agency
responsible for security at the ports of entry, Customs and Border
Protection, coming up short in the chase for dwindling human and
technological resources.
Border Patrol has seen a huge spike in agents since fiscal year
2004. That year, Border Patrol was allocated $4.9 billion to fund
10,817 agents. But by fiscal year 2010, Border Patrol was allocated
$10.1 billion to fund just over 20,000 agents.
According to a March 30, 2011 GAO report, the Border Patrol is now
better staffed than at any other time in its 86-year history.\5\
---------------------------------------------------------------------------
\5\ http://www.gao.gov/new.items/d11508t.pdf.
---------------------------------------------------------------------------
The same rapid rise in staffing levels cannot be said for CBP
inspectors at our ports of entry.
A NOTE ABOUT SBI NET
The BTA recognizes that some Members of this subommittee were
dubious of the effectiveness of SBInet, the so-called ``virtual fence''
in southern Arizona that was canceled last year by DHS.
Being the only third-party organization allowed to visit the
program facility on a fact-finding mission late 2010, and after a
presentation with Border Patrol agents in the Tucson sector where the
system is deployed and having studied the issue closely, we believe
that the system should have been allowed to continue, especially in
light of subsequent requests for information from DHS calling for much
of the same technology already in use as part of SBInet in southern
Arizona.
While this testimony has focused mostly on security at the ports of
entry, we're not blind to the fact that our constituency is in the
midst of an uphill climb to direct attention to the ports when the area
between our ports is perceived as porous.
We believe that an effective SBInet program between the ports will
allow more human resources to be directed to the ports themselves. We
are encouraged that DHS still believes that technology is a vital
component to any border security strategy. We hope the Department gives
the system in southern Arizona another look as it moves forward with
the latest iteration of its border security strategy.
COORDINATED BORDER INFRASTRUCTURE
To the extent that the Members of your subcommittee can influence
the process, we strongly encourage you to work with the recently named
conferees to the Transportation Reauthorization Conference Committee to
ensure that the next highway funding bill includes funding for the
Coordinated Border Infrastructure (CBI) program, as was the case under
SAFETEA-LU.
CBI funds are disbursed to border State departments of
transportation to help underwrite costs for transportation projects
associated with facilitating international trade in and around ports of
entry, with project locations up to 100 miles from the border. These
funds can be used for technology that can help facilitate trade.
CBI's effect on border State economies is dramatic. The program has
an annual economic impact of $55.9 million on Texas, $26.6 million in
California, $27.5 million in New York, and $28.3 million in Michigan.
It's because of CBI that Texas can, for example, construct roads
leading from a port to the interstate highway system. Even the most
modern port is of little benefit to the economy if trade is still
encountering bottlenecks in the border region.
CBI helps reduce congestion, facilitates trade, and it creates
jobs, something we know Congress and the administration are especially
sensitive to in this economy.
The Border Trade Alliance appreciates the opportunity to submit
these comments for the record. We welcome the opportunity to testify
before your committee in the future and we offer our 25 years of
experience in border affairs as a resource to your committee as you
investigate these and other important issues affecting border security.
Mr. McCaul. Thank you, Mr. Hereford.
Mr. Hereford. Thank you, Mr. Chairman.
Mr. McCaul. We appreciate your testimony.
The Chairman now recognizes Mr. Martinez.
STATEMENT OF WILFREDO MARTINEZ, CHAIRMAN, LAREDO CHAMBER OF
COMMERCE
Mr. Martinez. Good afternoon distinguished Members of the
Subcommittee on Border and Maritime Security and guests.
On behalf of the 750 members of the Chamber and IBC Bank,
I'd like to welcome you to our vibrant city on the U.S.-Mexico
border. We appreciate you taking the time to visit our border
to see first-hand the movement of people and goods that take
place on a daily basis in these various locations as we
sincerely appreciate you meeting with members of the private
sector to discuss non-Governmental issues which have a global
economic impact.
I am glad you had the opportunity to visit the port to tour
the bridge and to see the movement of traffic. Aside from being
the United States' busiest inland port of cargo, Laredo being
at the south end (or start) of I-35 also happens to be a major
crossing point for tourism and business-related activity. The
economy of our community, as all border communities, is heavily
dependent on business and trade with our neighbors to the
south.
As a representative of the business community, my remarks
will address two particular industries. No. 1, that of
international trade and transportation; and No. 2, that of
regular traffic which impacts our tourism and retail
industries.
Regarding the first, I will keep my remarks to a minimum
since I'm sure there will be other testimony by experts who
will address issues specific to that industry.
Most people will be amazed to know that two of our
international bridges cross over 10,000 trucks daily and our
rail bridge crosses over 1,400 rail cars daily as well.
Manufactured and agricultural products that cross our
bridges are not destined for this community but rather
northbound to be distributed to States along throughout the
Northeast, the Midwest, and even the West Coast. Goods headed
southbound is that--destined for Mexico City, Monterrey,
Guadalajara, and a number of other Mexican markets.
Products and materials intended for manufacturing purposes
travel on a ``just-in-time'' travel schedule which means that
production depends heavily on timely deliveries. Delays along
the way, for whatever purpose, may end up costing companies
thousands or millions of dollars in turn affecting the consumer
and our economy. Therefore, it is imperative that the flow of
goods across our border move constantly and efficiently.
Regarding the second industry, that of retail and tourism,
regardless of the reports of an increase in crime in Mexico,
consumers from throughout Mexico visit our city all year round
supporting our retail industry which creates jobs for thousands
of U.S. citizens. In addition, millions of visitors pass
through our city on their way to other points within the United
States. The Federal Reserve Bank of Dallas, El Paso branch,
reports that as much as 40 percent of local retail sales can be
attributed to Mexican nationals and at--the same can be said of
each of the crossing points along the U.S.-Mexico border.
Laredo's geographic location also makes it a key crossing
point for Mexican tourists visiting other parts of the State,
but 1- or 2-hour wait times in 100-degree weather, that we're
accustomed to down in Laredo, tend to discourage visitors from
planning trips or, at the very minimum, reduce the number of
trips they make during the year.
What affects us on the border inevitably has an impact on
other communities in other parts of the State as proven by the
number of I-94s generated on this border. Retail centers in San
Antonio, as well as outlet malls in San Marcos, Texas, will
emphatically agree that sales to Mexican nationals have a
tremendous positive impact on their profits. As you can see,
the transportation and travel that our international bridges
facilitate create a significant impact on the business
community and our economy.
I'd also like to add that our community has been a strong
supporter for border security. Even faced by increased vehicle
searches following 9/11 and added security programs such as the
US-VISIT, the Western Hemisphere Travel Initiative, which tends
to impact on the number of crossings and result in longer lines
and extended wait times at the bridges you'll find that support
in our community for safe borders has not waived.
Yet it is important that we maintain a careful balance
between security and commerce. We cannot afford to hurt our
economy in our haste to seal up our borders.
Certainly, there is an illicit movement of drugs and
undocumented aliens across our borders. We're all aware of
that. But, by far, the larger majority of people moving across
our Southern Borders do so in a legal manner and for lawful
business and leisure activity. They literally come to spend
money in the United States and we must keep that in mind as
they make their way into our country. It is imperative that we
offer visitors from Mexico entering the United States by land
the same treatment that we offer air and sea travelers.
I'm almost done.
Specifically I ask you to consider the following: Support
for proper resources to efficiently implement security programs
such as providing Federal agencies with sufficient personnel to
do a proper job. Provide the required infrastructure to ensure
that traffic continues to flow (proper and humane facilities
for bus passengers entering the country and for the issuance of
I-94 permits).
I have a little bit more. Should I continue? I see the red
light, so----
Mr. McCaul. It's red, but if you could just summarize that
would be great.
Mr. Martinez. I'm going to.
Sensitivity and proper training to ensure that visitors
entering our country are made to feel like visitors and not
necessary--necessarily suspects. As far as the latest report
that I've seen from our--from our Federal agencies, not a
single individual involved in any form of terrorism has been
detained along the Southern Border. Yes, we must be vigilant,
but we must also continue to be courteous.
Ladies and gentlemen, it's our hope that you will take back
this message with you to Washington. Particularly given the
wave of isolationism seeping through the Nation and calls for
militarization of the border, it is important that we keep in
mind that sealing the border is a short-sighted way of looking
for solutions. Bottlenecks, longer waits, disdain for visitors
. . . this will affect our community. But, in the long run,
they bring about dire consequences to the economy of this State
and the country as a whole.
While we treasure our business ties with our neighbors to
the south, we're Americans first. We don't ask that we do away
with security, but simply that we conduct it in a civil and
efficient manner that will foster our economic growth and
retain the United States' reputation as the most prosperous
Nation in the world.
Thank you very much. I apologize.
[The prepared statement of Mr. Martinez follows:]
Prepared Statement of Wilfredo Martinez
May 1, 2012
Good afternoon, distinguished Members of the Subcommittee of Border
and Maritime Security and guests. On behalf of the 750 members of the
Laredo Chamber of Commerce I'd like to welcome you to our fair city on
the U.S.-Mexico border. I want to thank you for taking the initiative
to visit border crossings and see first-hand the movement of people and
the processing of goods that takes place on a daily basis in these
various locations; but, more importantly, I commend you for taking the
time to meet with members of the private sector to discuss non-
Governmental issues of concern.
I know that time is limited so I'll be careful to keep my remarks
short.
Ladies and Gentlemen, I hope that during your visit you have the
opportunity to visit the port; to tour the bridge; and to see the
movement of traffic. Aside from being the United States' most important
crossing point for the movement of cargo, Laredo, being at the south
end (or start) of I-35, also happens to be a major crossing point for
tourism and business-related activity. The economy of our community, as
all border communities, is heavily dependent on business and trade with
our neighbors to the south.
As representative of the business community in general, my remarks
will address two particular industries: (1) That of international trade
and transportation, and (2) that of regular traffic which impacts our
tourism and retail industries.
Regarding the first, I will keep my remarks to a minimum since I am
sure there will be other testimony by experts that will address issues
specific to that industry. Suffice it to say that two of our
international bridges--the World Trade Bridge and the Colombia Bridge--
cross over 10,000 trucks daily--and the rail bridge crosses over 1,400
rail cars also on a daily basis. The manufactured and agricultural
product that crosses our bridges is not destined for this community--
rather, northbound, it is distributed to States along the Northeast,
the Midwest, and I dare say, even the West Coast; southbound, it is
likewise destined for Mexico City, Monterrey, Guadalajara, and a number
of other Mexican markets. Product aimed for manufacturing purposes
travels on a ``just-in-time'' travel schedule. That means that
production depends heavily on timely deliveries. Delays along the way,
for whatever purpose, may end up costing companies thousands or
millions of dollars that affect all of us. It is imperative that the
flow of goods across our border move constantly and efficiently.
Regarding the second industry--that of retail and tourism--Let me
say that notwithstanding the reports of an increase in crime on the
Mexican side of the border, consumers from throughout Mexico visit our
city throughout the year and nurture our retail industry. In addition,
millions of visitors pass through our city on their way to other points
within the United States. The Federal Reserve Bank of Dallas, El Paso
Branch, reports that as much as 40% of local retail sales can be
attributed to Mexican nationals. The same, perhaps not at the same
level, but quite similar can be said of each of the other crossing
points along the U.S.-Mexico border.
Let me also add that Laredo's geographic location also makes it a
key crossing point for tourists visiting other parts of the State. One-
or 2-hour waits in 100-degree weather, however, will tend to discourage
visitors from planning trips, or at the very minimum, reduce the number
of trips they make during the year. What affects us on the border,
inevitably has an impact on other communities in other parts of the
State, as evidenced by the number of I-94's generated on this border.
Retail centers in San Antonio, as well as outlet malls in San Marcos,
TX, will readily corroborate the impact that sales to Mexican nationals
have on their figures. Both these destinations attribute a substantial
amount of retail sales to Mexican consumers.
I mention all this to give you an idea as to the significance of
the international bridges to our business community.
Now, let me add that our community has been a strong supporter of
border security. Even faced by increased vehicle searches following 9/
11, added security programs, such as US-VISIT, Western Hemisphere
Travel Initiative (WHTI), which tend to impact on the number of
crossings and result in longer lines and extended wait time at the
bridges, you'll find that support in our community for safe borders has
not wavered.
Yet, it is important, that we maintain a careful balance between
security and commerce. We cannot afford to hurt our economy in our
haste to seal our borders.
Certainly, there is an illicit movement of drugs and undocumented
aliens across our borders. We are all aware of that. But, by far, the
larger majority of people moving across our Southern Borders do so in a
legal manner and for lawful business and leisure activity. They,
literally, come to spend money in the United States. We must keep that
in mind as they make their way into our country. We must offer visitors
from Mexico entering the United States by land the same treatment that
we offer air and sea travelers. Specifically, I ask you to consider:
(1) Support for proper resources to properly implement security
programs--i.e.:
Provide Federal agencies with sufficient personnel to do a
proper job.
Provide the required infrastructure to ensure that traffic
continues to flow (e.g., proper and humane facilities for
bus passengers entering the country, and for the issuance
of I-94 permits).
(2) Sensitivity and proper training to ensure that visitors
entering our country are made to feel like visitors and, not
necessarily, suspects. As far as the latest report that I've
seen from our Federal agencies, not a single individual
involved in any form of terrorism has been detained along the
Southern Border. Yes, we must be vigilant, but we must also
continue to be courteous.
Ladies and Gentlemen, it is our hope that you will take back this
message with you to Washington. Particularly given the wave of
isolationism seeping through the Nation and calls for militarization of
the border, it is important that we keep in mind that sealing the
border is a short-sighted way of looking for solutions. Bottlenecks,
longer waits, disdain for visitors . . . these all affect our
community. But, in the long run, they bring about dire consequences to
the economy of the State and the country as a whole--we're only the
crossing point after all. Ladies and Gentlemen, this community is 94%
Hispanic. We value our heritage. We treasure our business ties with our
neighbors to the south--but, I assure you, we are Americans first. We
don't ask that we do away with security, simply that we do so in a
civil and efficient manner.
Thank you.
Mr. McCaul. Thank you, Mr. Martinez.
Mr. McCaul. The Chairman recognizes Mr. Gonzalez.
STATEMENT OF JOSE D. GONZALEZ, JOSE DAVID GONZALEZ CUSTOMS
BROKERAGE
Mr. Gonzalez. Good afternoon, Chairman McCaul and Ranking
Member Cuellar. It is a privilege and an honor to appear before
you today to provide testimony as I welcome you to Laredo,
Texas, the port with the highest volume of truck crossings
along the Mexican and U.S. border.
CBP Officers at the Port of Laredo do an incredible job of
keeping our country safe; and I had an opportunity to go behind
the scenes and get an introduction into the training and
technology that CBP Officers utilize to do their job
effectively and efficiently when I participated in the CBP
Citizens Academy last year; and I was thoroughly impressed at
how much CBP Officers do and how quickly they do it.
Regardless of how well CBP Officers are doing, given their
resources, I believe there is always an opportunity to
improve--especially with additional funding and technology and
personnel.
Additional infrastructure requires additional personnel.
In May 2011, seven new primary inspection booths for
commercial traffic were opened, nearly doubling the capacity of
the World Trade Bridge. With a total of 15 primary inspection
booths and improvements to the secondary express and--express
and exit gates, the World Trade Bridge has the infrastructure
to handle a record number of shipments, but we need additional
CBP Officers to use the additional infrastructure.
Technology for non-intrusive scanning of cargo has
drastically reduced the slow and costly physical inspection of
goods that require unloading the imported merchandise.
In the short term, the Port of Laredo would benefit from
additional mobile scanning units to expedite the flow of
legitimate trade. In the long term and upon the availability of
technology that can scan in less than 1 minute each primary
booth should have its own fixed scanning unit so that each
conveyance is scanned prior to entering the CBP's import lot.
The accuracy of the data used by CBP to assess risk depends
on who files the data.
The filing of the certain information with CBP should be
done by a party that is qualified to identify all of the
issues, follow the appropriate analysis, and make the
appropriate determination so that accurate information is
filed. While U.S. licensed customs brokers are trained to
analyze and identify the determinative factors, other parties
in the supply chain are not.
The GAO identified certain weaknesses in the current in-
bond system in a report to Congress dated April 2007. The GAO
concluded that in the in-bond system collects inadequate
information about the in-bond merchandise, thus underman--
undermining CBP's effort to manage associated security risks
and ensure proper targeting of inspections. In response to the
GAO report, the CBP proposed changes to the in-bond process.
In its attempt to collect adequate information to manage
associated security risks and ensure proper targeting of
inspections, CBP has proposed requiring the party submitting
the in-bond application to provide a statement setting forth
the rule, regulation, law, standard, or ban to which the
merchandise is subject to, and the name of the Government
agency responsible for enforcing it, but only if the filing
party has this knowledge. In essence, untrained individuals
would not have to provide this statement simply because they
have no knowledge of the rules, regulations, laws, standards,
or bans that apply to the imported merchandise.
Allowing untrained individuals to make determinations
related to the matters of public health and safety is a sure
compromise to the supply chain of security. For these reasons,
CBP should reexamine the role of the customs broker in
increasing the accuracy of the information provided to CBP.
The Customs and Trade Partnership Against Terrorism is a
joint Government-business initiative to strengthen overall
supply chain and border security. In exchange for adopting
stronger security practices, CBP generally affords C-TPAT
partners reduced inspections. In the event of that the trailer
or cargo is scanned and unloaded, it gets front-of-the-line
priority.
Despite the elevated security, C-TPAT shipments are not 100
percent secure and CBP has discovered contraband in these
shipments. Once a security-related incident occurs all partners
connected to that shipment are suspended from the program
without due process. This policy merits reconsideration because
the immediate suspension from the program has serious
consequences and causes irreparable injury to some C-TPAT
partners.
One recent example involved a C-TPAT-certified carrier that
has 330 tractors and crosses 25,000 north and southbound
shipments a month. One of the carrier's shipments found to
contain contraband and the carrier was immediately suspended
from the program prior to an investigation.
Upon suspension from the program, the carrier's clients
automatically received an electronic notification from--of the
suspension. Consequently, its clients held hundreds of
shipments at the border while they scrambled to find other
carriers with whom they could make alternate arrangements.
CBP should afford its C-TPAT partners with due process by
investigating security breaches before taking hasty, immediate
actions with such serious consequences.
Chairman McCaul, Ranking Member Cuellar, I commend you for
your leadership and continued efforts to increase the security
of our country while expediting the flow of trade.
Although CBP is doing a great job with its current
resources, I believe that increasing the accuracy of data CBP
receives, treating C-TPAT partners like true partners, and
providing CBP with additional technology and personnel will
further your goal of increasing security and accelerating the
flow of legitimate trade.
Thank you for this opportunity to testify today and I will
be happy to answer any questions that you may have; and I look
forward to working in the future.
[The statement of Mr. Gonzalez follows:]
Prepared Statement of Jose D. Gonzalez
May 1, 2012
INTRODUCTION
Acting Chairman McCaul, Ranking Member Cuellar, distinguished
Members of the subcommittee: It is a privilege and an honor to appear
before you today to provide testimony regarding the ``Use of Technology
to Facilitate Trade and Enhance Security at our Ports of Entry.''
First, I commend the subcommittee for holding the field hearing
here in Laredo, Texas, the port with the highest volume of trucks along
the U.S.-Mexico border and for inviting representatives of the local
stakeholders to provide testimony.
CBP Officers at the Port of Laredo do an incredible job of keeping
our country safe. I had an opportunity to go behind the scenes and get
an introduction into the training and technology that CBP Officers'
utilize to do their job effectively and efficiently when I participated
in the inaugural 8-week CBP Field Operations Citizens Academy last year
and I was thoroughly impressed at how much CBP Officers do and how
quickly they do it. Searching for alternatives to reduce delays while
increasing security at the Port of Laredo for commercial traffic is not
an easy task. Regardless of how well CBP Officers are doing given their
resources, I believe that there is always an opportunity to improve--
especially with additional funding for technology and personnel.
ADDITIONAL INFRASTRUCTURE REQUIRES ADDITIONAL PERSONNEL
In May 2011, seven new primary inspection booths for commercial
traffic were opened, nearly doubling the capacity at the World Trade
Bridge. With a total of 15 primary inspection booths and improvements
to the secondary express and exit gate areas, the World Trade Bridge
has the infrastructure to handle a record number of shipments. The
improvements to the infrastructure can only be fully utilized with
additional CBP Officers. Additional personnel are needed now because
northbound traffic currently peaks between about 9 a.m. to nearly 4
p.m. every day during the week.
TECHNOLOGY AND PERSONNEL FOR NON-INTRUSIVE SCANNING OF CARGO
Technology for the non-intrusive scanning of cargo has drastically
reduced the slow and costly physical inspection of goods that required
unloading the imported merchandise. Currently, CBP Officers at the
World Trade Bridge utilize fixed and mobile scanning units to detect
contraband.
Comparing the fixed and mobile scanning units, the mobile scanning
units are more efficient as they can scan approximately 55 conveyances
per hour as compared to the fixed scanning units that can scan
approximately 20 conveyances per hour. Of course, fewer conveyances are
actually processed in that amount of time because in addition to scan
time, additional time of approximately 2 to 7 minutes are needed for an
officer to analyze the image and compare it to the manifest data.
In the short term, the port of Laredo would benefit from additional
mobile scanning units to expedite the flow of legitimate trade. In the
long term and upon the availability of the technology that can scan in
less than 1 minute, each primary booth should have its own fixed
scanning unit so that each conveyance is scanned prior to entering
CBP's import lot.
THE ACCURACY OF DATA USED BY CBP TO ASSESS RISK DEPENDS ON WHO FILES
The filing of certain information with CBP should be done by a
party that is qualified to identify all the issues, follow the
appropriate analysis, and make the appropriate determinations so that
accurate information is filed. While U.S.-licensed customs brokers are
trained to analyze and identify the determinative factors, other
parties in the supply chain are not. The validity of the information is
dependent upon the skills and knowledge of the individuals who prepare
those filings. To the extent that the integrity of the filings is
called into question, CBP's targeting determinations for shipment
scrutiny are compromised. Allowing untrained individuals to make
determinations relating to matters of public health and safety is a
material compromise of supply chain security.
The Government Accountability Office (GAO) identified certain
weaknesses in the current in-bond system in a report to Congress dated
April 2007. The GAO concluded that the in-bond system collects
inadequate information about the in-bond merchandise, thus undermining
CBP's efforts to manage associated security risks and ensure proper
targeting of inspections. In response to the GAO report, CBP published
a notice of proposed rulemaking in the Federal Register \1\ on Feb. 22,
2012 advising that it intends to make changes to the in-bond process.
---------------------------------------------------------------------------
\1\ 77 Fed. Reg. 10622.
---------------------------------------------------------------------------
In its attempt to collect adequate information to manage associated
security risks and ensure proper targeting of inspections, CBP has
proposed requiring the party submitting the in-bond application to
provide a statement setting forth the rule, regulation, law, standard,
or ban to which the merchandise is subject to and the name of the
Government agency responsible for enforcing the rule, regulation, law,
standard, or ban, but only if the filing party has this knowledge. In
essence, untrained individuals that cannot provide accurate data would
not have to provide the statement simply because they have no knowledge
of the rules, regulations, laws, standards, or bans that may apply.
These data elements are highly technical and relate with
specificity to the merchandise itself and are interpretative in nature.
The reality is that many shippers and importers will rely upon their
service providers to develop this information. Moreover, even where
detailed information is available, the validity and reliability of the
information that CBP receives is in large part dependent upon the party
who prepares and files the data. There are any number of complex rules
and regulations which govern restrictions placed on special classes of
merchandise, be they trade policy restrictions, or restrictions imposed
by other Federal agencies for health, safety, or conservation purposes.
Similarly, the Importer Security Filing (ISF) contains data that is
reasonably necessary to improve CBP's ability to identify high-risk
shipments so as to prevent smuggling and ensure cargo safety and
security. One required data element is the harmonized tariff schedule
number to the sixth digit. This number is used to identify what is
being imported. An inaccurate classification number will compromise
CBP's targeting. Only licensed U.S. customs brokers have demonstrated
mastery in the classification of goods.
For these reasons, CBP should reexamine the role of the customs
broker as it relates to analyzing data, making determinations, and
providing accurate information to CBP. The definition of customs
business should encompass areas where a customs broker's expertise
would increase the accuracy of data utilized by CBP to assess risk.
C-TPAT PARTNERS SHOULD BE AFFORDED DUE PROCESS
The Customs and Trade Partnership Against Terrorism, commonly
called ``C-TPAT'' is a joint Government-business initiative to build
cooperative relationships that strengthen overall supply chain and
border security. In exchange for adopting these stronger security
practices and after verification by CBP that the measures are in place,
CBP generally affords C-TPAT partners reduced inspections and in the
event that their cargo is scanned or unloaded it gets front-of-the-line
priority.
In order to qualify for the benefits of C-TPAT, the foreign
manufacturer, the foreign long-haul carrier, the cross-border drayage
carrier, and the U.S. importer must all participate in the C-TPAT
program. In addition, the driver must also be enrolled in the Free and
Secure Trade (F.A.S.T.) program.
Despite the elevated security, C-TPAT shipments are not 100% secure
and CBP has discovered contraband in C-TPAT shipments. Once a security-
related incident occurs, all C-TPAT partners connected to that shipment
are immediately suspended from the program without due process,
including the foreign manufacturer, the foreign long-haul carrier, the
cross-border drayage carrier, and the U.S. importer despite the low
probability that all of these entities were involved with the security
breach. This policy merits reconsideration because the immediate
suspension from the program has serious consequences and causes
irreparable injury to some C-TPAT partners.
One such example that occurred within the last month involved a C-
TPAT certified carrier that has 330 tractors and crosses 25,000
shipments a month, including both northbound and southbound shipments.
One of the carrier's shipments was found to contain contraband and the
carrier was immediately suspended from the C-TPAT program prior to an
investigation.
Upon suspension from the program, the carrier's C-TPAT clients
automatically received an electronic notification of the carrier's
suspension from the C-TPAT program. Consequently, its clients held
hundreds of shipments at the border while they scrambled to find other
C-TPAT carriers with whom they could make alternate arrangements.
One of the carrier's clients that imports approximately 300
shipments a day found itself with a big problem considering that it was
relying on the services of the carrier that was suspended from C-TPAT
program. Realizing its failure to have a back-up plan, the client will
likely split its future shipments between two or more C-TPAT carriers
thereby causing irreparable injury in the form of lost business for the
suspended C-TPAT partner.
For this reason, CBP should afford its C-TPAT partners with due
process by investigating security breaches before taking hasty,
immediate action with such serious consequences. If immediate action
must be taken prior to a full investigation then the action should be
reasonable and it should be limited only to the individuals involved in
that transaction instead of the entire company.
CONCLUSION
Acting Chairman McCaul, Ranking Member Cuellar, and distinguished
Members of the subcommittee, I commend you for your leadership and
continued efforts to increase the security of our country while
expediting the flow of trade. Although CBP is doing a great job with
its current resources, I believe that increasing the accuracy of the
data CBP receives, treating partners like true partners, and providing
CBP with additional technology and personnel will further your goal of
increasing security and accelerating the flow of legitimate trade.
Thank you for the opportunity to testify today. I will be happy to
answer any questions you may have and I look forward to working with
you in the future.
Mr. McCaul. Thank you, Mr. Gonzalez.
I just want to ask, you know, you've touched on this, I
think, quite well explaining these programs, but we basically
have these two trusted traveler shipper programs. There's the
SENTRI and then the FAST which is under the C-TPAT as you
referenced; and this question is for all three of you.
How would you--what kind of report card would you give to
these programs and how could they be improved? I guess we'll
start with you, Mr. Hereford.
Mr. Hereford. Sure. Well, thank you very much, Mr.
Chairman.
You know, FAST, the--we always hear in our organization
that FAST is not fast, but a lot of that has to do with
infrastructure constraints because the FAST lane is not a
dedicated lane for FAST; so you have others that are mixed into
that and that causes a lot of the delays; and so my perspective
and my opinion and the organization's would first be
infrastructure as well as technology. Thank you.
Mr. McCaul. That's a good point. A dedicated lane. I think,
Mr. Garza, in your prior testimony referenced to the fact that
that's the direction we're headed, correct? I know you're not
testifying, but just to----
Mr. Garza. I'll be glad to answer the question.
Mr. McCaul. Yeah. It's a little more important.
Mr. Garza. Yes, sir. At the World Trade Bridge it is a
dedicated lane all the way from the Mexican side and on the
bridge all the way to the primary. In fact, with the addition
of seven lanes, it has allowed us to increase the FAST by
three--up to three lanes now. So FAST is fast at World Trade.
Mr. McCaul. Okay. Thanks for the clarification. I don't
know if you have any----
Mr. Hereford. I'm not disputing Gene. I've known him for a
lot of years. I'm saying at other ports of entry. You know, for
example, El Paso is the one that really stands out in my mind,
they have that issue.
Mr. McCaul. Okay. That's an excellent point as well.
Mr. Martinez.
Mr. Martinez. Mr. Chairman, I don't have a comment about
FAST, but I can tell you about SENTRI from what I hear from our
members. It is sufficient. It's something that they count on,
on a daily basis to cross back and forth.
I think the process could be somehow made more efficient as
to apply for the SENTRI card and so forth; but once they have
their card they use it, like I said, on a daily basis and
they're very happy with it. I haven't heard any complaints
unless it breaks down or it's used for other purposes.
Mr. McCaul. How long is the application process in your
judgment?
Mr. Martinez. From what I hear, and correct me if I'm
wrong, Mr. Garza, but it could take over a month sometimes to
get that SENTRI card, you know, when you start new and----
Mr. McCaul. Sure.
Mr. Garza. It depends on each applicant. Generally we
prefer that they go on-line and do their application, that will
facilitate the application process, but, normally, I would say
that within 2 to 3 weeks they should have their certification
for--in SENTRI, but it all depends on each individual.
Mr. McCaul. Right. I know that there's a sort of background
check component which, you know, a month in terms of the
Federal Government is really light years ahead, so--but I
appreciate your comments.
Mr. Gonzalez.
Mr. Gonzalez. Yes, sir. Thank you, Chairman McCaul, for
your question, and with regard to--I'm going to focus more on
the C-TPAT because I feel like there's a lot of room for
improvement.
It requires a lot of investment from our stakeholders; and
I know that just recently when we had--there was an issue that
I mentioned here in my testimony, there was a situation that
happened just last week, and we feel that there should be
certain tiers involved so that it would allow an opportunity
for the other trucks or the other trades companies, when they
start doing crosses, they could go ahead and allow from the--
clearance without having to sit there and have their
individuals look for different modes of C-TPAT tractor-trailers
to do the crossings at that particular time.
So there are room for improvement and we feel that we could
work with the tiers and also making more investments with the
smaller importers and the--we need to get more people involved.
Mr. McCaul. Well, thank you.
One thing you mentioned that caught my attention: The idea
of these mobile scanning units.
Mr. Gonzalez. Uh-huh.
Mr. McCaul. Could you elaborate on that a little bit?
Mr. Gonzalez. The mobile scanning units they do 55 trucks
an hour. They're much more faster than the standard fixed
units, and they're allowing us to go ahead and move more
crossing. If you see--I'm sure you were at the import lot today
and you were watching the trucks going through, the mobile
units can scan a whole line whereas it takes five--I think
five--correct me if I'm wrong, 5 to 10 minutes to do just one
of the fixed unit, so it's a lot more efficient going through
the mobile units.
Mr. McCaul. When you got 5,000 18-wheelers, we saw a line
there today.
I guess to--Mr. Hereford and Martinez, I agree with you
that boots on the ground is not going to solve everything. We
need that and the technology piece. In my judgment, the
technology piece has not been completed yet, and when it is I
think we'll be able to say we have operational control of the
border.
Do you see any advances on the horizon that you think would
be beneficial in providing that security and an expeditious
flow of commerce?
Mr. Hereford. That's a good question, Mr. Chairman.
I mean, yes, you know, there are technologies. I mean, we
work very closely with CBP. We put together a paper and a
stakeholders forum on C-TPAT and provided that to them, and I'm
pretty sure we provided that to Paul at the committee, so I do
think that there are--we're progressing in that way.
I think the UAVs that you all have referenced is absolutely
critical to the border security aspect, and I think, again, the
boots on the ground is one perspective--I mean, is one----
Mr. Martinez. Aspect.
Mr. Hereford [continuing]. One aspect. Thank you. But, you
know, Mr. McCraw talked about cameras and there are other
technological advances out there for border security.
Now, we're not--again, we don't endorse anything, but I do
think that we're moving in that direction. Because now you hear
about--you know, with the fencing you--in essence, you've
shifted the patterns now for smugglers, and that's where Border
Patrol can now focus their efforts through these corridors.
Mr. McCaul. Yeah. That's correct.
Mr. Martinez, do you have any comment?
Mr. Martinez. Mr. Chairman, I just want to re-emphasize and
you just alluded to this is, if we're going to do any
improvements to technology, we're all pro, you know, safe
borders, but we need to make sure that we have the right
personnel using that technology efficiently as opposed to
getting something and upgrading that delays the process of
commerce and transportation between the bridges.
As long as--and I would suggest even testing this--whatever
technology we're going to use testing that first before
implementing it across the borders.
Mr. McCaul. Yeah. I think the SBInet was an example of a
colossal failure at $1.2 billion----
Mr. Martinez. Correct.
Mr. McCaul. As Mr. Cuellar and I--you know, we're both huge
fans of leveraging existing technology that we've already spent
all of the R&D on, we know it works and has worked in
Afghanistan and Pakistan and Iraq.
So with that said, Chairman recognizes Mr. Cuellar.
Mr. Cuellar. Thank you very much.
Jose, we had talked about $640 million that we had found,
but I have to tell you that just last week we found out that it
apparently got swept up to help reduce the deficit. We had
found $650--$640 million that we were hoping we could use for
border infrastructure. It was--actually had been in the account
since the late 1900s--I mean, 1997-1998 as a fee for the NAFTA.
Mr. Martinez. The NAFTA.
Mr. Cuellar. But apparently--when we were trying to work
with the Appropriations Committee it apparently was swept up
last year, so it got to help reduce the--the deficit, so, you
know, I'm sorry we won't be able to use that. I thought we were
going to use $640 million for border infrastructure, No. 1.
No. 2, I know we probably--and this is something, Mr.
McCaul, we can work on together to come up with authorization,
give Homeland or CBP authorizations where they can get private
donations. I think we can find different organizations, whether
it's the Michocana organization that say, you know what, we're
willing to donate, we're willing to put some money in so we can
move traffic in--or faster up there.
So, Mr. McCaul, I would ask you if, maybe, we could work on
some legislation together to give--and, Gene, I'm sorry, I
didn't mean to get out of it, but I assume you just--I mean,
since you're not up here, but I assume you cannot take any
private donations to do any infrastructure or open up lanes; is
that correct?
Mr. Garza. That's correct, sir.
Mr. Cuellar. You cannot?
Mr. Garza. No.
Mr. Cuellar. Okay. So that is something, because I know we
can find different ways that we can get the private sector--
because if the private sector is willing to pool together and
say, you know what, let's open up another booth here, another
lane to move traffic, I think they'll be willing to do that, so
I think that's something that we can get the private sector in.
The second thing I would ask you is, Mr. Gonzalez, you
mentioned this citizens academy and Mr. Garza was explaining
that. I think it's a great idea.
Mr. Garza, I would ask you to--encourage you to keep doing
what you're doing, because this will allow the citizens to go
behind the scenes and get to know what you're doing; and it's
not only so they know what you're doing behind the scenes, but,
I think, while you're going through that, you might have some
input from some folks that might improve the process a little
faster on that.
So I would ask y'all to just keep those citizen academies.
I think it's a very good idea. A lot of people don't know
about, it's fairly new, but I think it's a good idea to get the
private sector there.
Finally, the other thing is the--on the C-TPAT that you
mentioned in the testimony, Mr. Garza, didn't we talk about it
this morning, that there's a little bit more flexibility on the
C-TPAT where y'all are moving into that direction or are you
constrained by--and I don't know if you saw the--or heard the
testimony, but any flexibility, discretion that y'all might
have to move that and it's a--it's a good thing that we're
doing, but it's still--and I don't know if we're restrained by
it or you're restrained, but any flexibility? You got to still
keep an eye on the bad guys, but, you know, sometimes we get
caught up by this process.
Mr. Garza. Yes, sir. We'll continue to work with our C-TPAT
office in Houston and headquarters. They are aware of the
issue. Certainly, some of the trade community has gone up there
on cases that involve themselves or company, but we'll continue
to work and try to issue papers for them so they can be able to
understand what Mr. Gonzalez was saying about that.
Mr. Cuellar. Again, I appreciate, Mr. Garza, the
sensitivity they provide to the stakeholders, because, again,
if it's a bad apple you go after the bad apples. If it's the
rest or if it's money that's being brought in, a billion
dollars of trade between the United States and Mexico every
single day, and 6 million jobs are created that are here in the
United States because of the trade that we have with Mexico.
Finally, the last thing is, you know, this field hearing,
we're--you know, any time we have a hearing, we get testimony.
In the back there is copies of the testimony not only for the
individuals who are here but the ones that spoke before. There
is a lot of good information, and I would ask you that if you--
if you have a chance pick up the testimony.
As Members of Congress, we've learned a lot by just getting
the testimony. It's an--amazing data and information, so I
would ask, you know, if you haven't got a copy of the different
testimony, I would ask you to do that.
Otherwise, Mr. Chairman, this is it. I know we've got one
more part of the day today that we've got to finish, but I want
to thank the witnesses that are here, the good people that work
very hard, and the witnesses that were here before, and it's
always a pleasure seeing Laredo.
You know, a lot of people talk about, you know, the border
being a war zone, and one thing I--Mr. McCaul is very good.
He's very good at being very balanced, very reasonable, making
sure that we understand that this is not heaven, but we call it
heaven here, but we're--you know, we do understand there is
challenges here, but it's not what a lot of people paint, and I
want to thank Mr. McCaul, because most of the time when people
want to come to the border they want to go up there in the
middle of the night and go up there with Border Patrol, and
with night goggle visions and of all that, but I want to thank
Mr. McCaul to see the trade, the largest inland port that we
have in the United States, and I want to thank Mr. McCaul for
providing this balanced approach.
Mr. McCaul. Thank you. And thank you. And thank you for
your kind words in recognizing that and thank you for hosting
us in your beautiful city; and I also want to thank the staff.
We rarely thank the staff and--but the staff has worked
very hard on this hearing, and they've had the opportunity to
come down to Laredo and see my home State and your home town
and I just want to thank you for that. Last, thank the
witnesses. Then finally I want to thank all of the law
enforcement in the room.
I remember when I got the news that Jaime Zapata had been
shot and killed, and I had numerous visits with Agent Avila and
the experience he went through down in Mexico, of course, you
know, Agent Terry, another example, and a lot people just don't
realize, you know, what you--day in and day out putting your
lives on the line to secure this Nation, and I want to just
personally--and I'm sure the Ranking Member agrees--just
personally say thank you for your service.
With that, this hearing is adjourned.
[Whereupon, the subcommittee was adjourned.]