TESTIMONY OF ROBERT M. JACKSTA

EXECUTIVE DIRECTOR, TRAVELER SECURITY AND FACILITATION

OFFICE OF FIELD OPERATIONS

U.S. CUSTOMS AND BORDER PROTECTION

DEPARTMENT OF HOMELAND SECURITY

BEFORE

THE SENATE COMMERCE, SCIENCE, AND TRANSPORTATION COMMITTEE

SUBCOMMITTE ON INTERSTATE COMMERCE, TRADE, AND TOURISM

REGARDING

“PROMOTING TRAVEL TO AMERICA:

AN EXAMINATION OF ECONOMIC AND SAFETY CONCERNS, PART II”

 

MARCH 20, 2007

WASHINGTON D.C.

 

 

Good morning Chairman Dorgan, Senator DeMint, and distinguished Members of the Subcommittee. I am pleased to be here today to discuss how the Department of Homeland Security (DHS) is moving forward on programs that will facilitate travel but still provide the level of security required to protect the United States.  This is an enormous challenge.  We have over 7,000 miles of shared borders with Canada and Mexico and 326 official ports of entry, and each day Customs and Border Protection (CBP) officers must inspect more than 1.2 million passengers and pedestrians.  Last year alone, CBP welcomed over 423 million travelers through our ports of entry.  During fiscal year 2006, CBP processed a record 87 million passengers arriving from abroad by air, the second consecutive fiscal year the number of such passengers has exceeded pre-9/11 levels.  

 

As America’s frontline border agency, CBP employs highly trained and professional personnel, resources, and law enforcement authorities to discharge our priority mission of preventing terrorists and terrorist weapons from entering the United States.  CBP has made great strides toward securing America’s borders while facilitating legitimate trade and travel and ensuring the vitality of our economy.

 

As part of our layered approach to border security, CBP operates several “trusted traveler” programs, including the Secure Electronic Network for Travelers Rapid Inspection (SENTRI), Free and Secure Trade (FAST), and NEXUS programs.  These bi-national programs facilitate the crossing of low-risk frequent travelers and commercial truck drivers at the land borders through exclusive, dedicated lanes.  To enroll in these programs, travelers must provide proof of citizenship; a Border Crossing Card (BCC) or other visa, if required; and other identity documentation, such as a driver’s license or ID card.  An intensive background check against law enforcement databases and terrorist databases is required and includes fingerprint checks and a personal interview with a CBP officer.    Approximately 225,000 SENTRI, NEXUS, and FAST cards have been issued.   SENTRI is now operational at the nine largest Southwest border crossings, and as of November 1, 2006, the Global Online Enrollment System (GOES) is available for SENTRI applicants.  With GOES, SENTRI applicants may register and input their applications at a single location, the Williston Centralized Vetting Center. This centralized location will help facilitate increased accuracy and quicker processing time of SENTRI applications

 

In December 2006, enrollment in the NEXUS Air, Highway, and Marine programs was harmonized.  As of February 2007, 119,861 members are now “in for one, in for all” and can cross the border using any of the three modes of transportation (air, land, and sea) at participating locations.  These programs are implemented in partnership with the governments of Canada and Mexico, and many citizens of these countries currently participate in the programs. 

 

The standardization of travel documents is a critical next step to securing our Nation's borders and increasing the facilitation of legitimate travelers. Currently, there are thousands of different documents a traveler can present to CBP officers when attempting to enter the United States, creating a tremendous potential for fraud. In fiscal year 2006 alone, over 209,000 individuals were apprehended at the ports of entry trying to cross the border with fraudulent claims of citizenship or false documents. The Western Hemisphere Travel Initiative (WHTI) is a joint effort by DHS and the Department of State to address this security vulnerability and increase traveler facilitation.

 

The initial phase of WHTI went into effect January 23, 2007, obligating all air travelers, regardless of age, to present a passport, NEXUS Air Card, or Merchant Mariner Card for entry to the United States. The implementation of the air portion of WHTI was highly successful, with documentary compliance rates nearing 99.9% and no interruption to air transportation.  This high level of compliance was due to the holistic and collaborative planning approach taken by DHS and the Department of State, starting well before the new rules went into effect.  An aggressive public outreach campaign aimed at increasing awareness of the new documentary requirements was a critical first step, as was working closely with private industry and air carriers from the planning stages through implementation, in enforcing the new rules in a flexible and reasonable manner.

 

As early as January 1, 2008, U.S. citizens traveling between the United States and Canada, Mexico, Central and South America, the Caribbean, and Bermuda by land or sea will be required to present a valid passport or other WHTI-compliant documents, as determined by DHS. As with the air portion of the WHTI requirement, we are taking a holistic and collaborative approach to implementing these new requirements. As an example, DHS recently announced its intent to propose, as part of the forthcoming Notice of Proposed Rulemaking (NPRM) on WHTI, significant flexibility regarding travel documents required for U.S. and Canadian children.  This proposal, which will be subject to public comment as part of the WHTI NPRM process, would allow U.S. and Canadian citizens, ages 15 and younger and with parental consent, to cross the border at land and sea ports with a certified copy of their birth certificate as an alternative to a passport or other WHTI-compliant identity card. U.S. and Canadian citizen children, ages 16 through 18, traveling with public or private school groups, religious groups, social or cultural organizations, or teams associated with youth athletics organizations would also be able to enter, under adult supervision, with a certified copy of their birth certificate. This proposal does not affect the documentary requirements for air travel within the Western Hemisphere, as I have outlined earlier.

In partnership with the private sector and State and local governments, DHS has introduced a pilot “Model Airport” program to ensure a more welcoming environment for foreign visitors. The pilot projects at the Houston Intercontinental Airport and Washington Dulles International Airport feature customized video messages for the public with practical information about the entry process, improved screening and efficient movement of people through the border entry process, and assistance for foreign travelers once they have been admitted to the United States.  The Model Airport program is progressing as scheduled.  By March 23, 2007, CBP will complete the customized video providing practical information about the entry process to arriving international travelers. Broadcast systems explaining the entry process to travelers while they are in the Federal Inspection Services (FIS) area will be installed and operational at the Houston Intercontinental Airport by April 2, 2007, and at the Washington Dulles International Airport by April 17, 2007.  The directional signage and banners to guide travelers through the entry process have already been installed in the FIS area of both airports.  New brochures explaining the inspection process to the public are being printed and will be made available in April 2007. 

 

The Model Ports concept document is complete and has been distributed to stakeholders.  The Performance Measurements Committee, tasked with identifying recommendations to improve the international passenger arrivals process has met and is analyzing the collected data.  CBP entry documents are currently being reviewed to determine the feasibility of document consolidation.  In addition, CBP is in the process of reviewing the current professionalism initiative for enhancement measures, and Disney has expressed its desire to participate in the process.  CBP is currently scheduled to meet with Disney executives on March 29, 2007, to discuss CBP’s current professionalism initiative process and conduct a walk-through to evaluate the CBP process in the FIS at the Orlando International Airport.  

 

The “Blueprint to Discover America Partnership” has been reviewed by CBP, and we are in agreement with its three main goals:  a faster and more secure visa system, more rapid processing of passengers at airports, and the creation of a more welcoming environment for international passengers. The Rice-Chertoff Initiative, the DHS/State Department “Secure Borders, Open Doors” Initiative, the US-VISIT Program, and the Commerce Department’s Travel and Tourism Advisory Board (TTAB) have all focused on these same goals to improve the international traveler experience. Through various government initiatives, such as requiring e-passports for Visa Waiver Program (VWP) travelers, setting up Model Airports, and developing a “single portal” for transmission of passenger information, we are going a long way towards improving the air passenger experience.  We support the fundamental objectives in the “Blueprint” to speed passengers through airports, to expedite visa processing and enhance security, and to make the travel experience more enjoyable.  We will continue to work collaboratively and expeditiously towards meeting these goals.

 

The DHS Travel Redress Inquiry Program (DHS TRIP) is a single point of contact for individuals who have inquiries or seek resolution of difficulties experienced during their travel screening at transportation hubs--like airports and train stations--or while crossing U.S. borders.  Difficulties such as denied or delayed airline boarding, denied or delayed entry or exit at a port of entry or border checkpoint, or continuous referral to additional (secondary) screening can be addressed through DHS TRIP. Travelers who have been repeatedly identified for additional screening can file an inquiry to have erroneous information corrected in DHS systems. Information provided by travelers is used solely to process their request for redress, and safeguards are in place to protect the privacy of any personal information provided.

 

An effort similar to DHS TRIP is the Primary Lookout Over-Ride (PLOR), a systems upgrade created in February 2006 that benefits antiterrorism security measures as well as international travelers by alleviating additional screening procedures for individuals with the same, or similar, biographical information as watch-listed individuals.  This system upgrade allows CBP officers at ports of entry to eliminate the need for secondary inspections on subsequent trips in cases where travelers’ names, birthdates, or other biographical information match those of high-risk individuals.  This is only done once the CBP officer has verified that a particular individual is not the person of interest. It is important to note that PLOR does not involve the collection of any new data, does not create new databases or lists, and does not require any action on the part of the traveler. To date, this process has resulted in over 17,000 additional inspections being avoided – a significant savings in both processing times and operational costs.

 

CBP collects biometrics on almost all non-U.S. citizens at the primary inspection area in our air and sea ports and at the secondary inspection in our land ports.  Through the US-VISIT system, CBP checks individuals against a fingerprint-based watchlist of known or suspected terrorists, wants and warrants, immigration violations, and other criminal history information and verifies whether a person is the same one previously encountered by DHS and/or the Department of State.  The US-VISIT Program has substantially added to CBP’s screening capabilities, enhancing our ability to process travelers in a timely and secure fashion.   US-VISIT’s transition to a full ten-fingerprint collection system is paramount to further strengthening and expanding our screening capabilities.

 

The Immigration Advisory Program (IAP) extends our zone of security outward by screening overseas passengers before they board aircraft destined for the United States.  IAP teams identify high-risk and terrorist watch-listed passengers using the Automated Targeting System and use that information to advise airlines whether passengers should not be boarded on a flight to the United States.  Since IAP became operational, 1,500 passengers have been prevented from boarding planes bound for the United States.  Of those, nine were prevented from boarding flights due to security concerns – four were on the Transportation Security Administration (TSA) No-Fly list, and five were the subject of TIDE records with sufficient derogatory information to support a refusal of admission. TIDE is the comprehensive terrorist database.   In addition, 88 passengers attempting to travel with fraudulent documents were stopped, and 1,403 that were otherwise improperly documented were also intercepted.   To date, IAP has saved CBP $2.26 million in processing costs and the airlines $2.21 million in fines.

The Carrier Liaison Program (CLP) was developed to enhance border security by helping commercial carriers to become more effective in identifying improperly documented passengers destined for the United States.  The primary method for accomplishing this mission is by providing technical assistance and training to carrier staff.  Technical assistance includes publication and distribution of information guides and document fraud summaries and alerts. In addition, CBP is developing the 24/7 Carrier Response Center phone line to provide real-time entry requirements and document validity advice to carrier staff worldwide. The U.S. Immigration and Customs Enforcement (ICE) Forensic Document Laboratory (FDL) supports the CLP in multiple ways and provides FDL Document Alerts to the CLP for distribution to airline personnel. The CLP provides training on U.S. entry requirements, passenger assessment, fraudulent document detection, and imposter identification using state-of-the-art document examination material, equipment, and training tools. Training is delivered at U.S. ports of entry and at airports abroad by experienced CLP officers and is customized to meet the needs of specific carriers or locations based on performance analysis or emergent circumstances. CLP officers also assist carriers to develop and implement strategies to reduce travel document abuse.   To date in FY 2007, CBP has completed 31 training sessions – 17 overseas and 14 at U.S. ports of entry – and over 1,900 airline personnel and document screeners have been trained. CBP has scheduled training at over 40 overseas locations and 30 U.S. ports of entry this fiscal year.  For FY 2008, CBP anticipates training sessions at over 50 overseas locations and 30 U.S. ports of entry.

 

In January 2005, CBP created the Fraudulent Document Analysis Unit (FDAU) to collect documents, provide ports with analysis of document trends and intelligence information, and target persons being smuggled into the United States using fraudulent documents.  Between January and December 2005, the FDAU received 40,875 fraudulent documents confiscated at ports of entry and mail facilities.  Working with the FDAU, CBP expects the seizure of fraudulent documents to increase. 

 

The Advance Passenger Information System (APIS) was developed in 1988 in cooperation with the airline industry as a voluntary program. This program established a system for the electronic transmission of passenger and crew biographical data by commercial carriers.  Commercial carriers and the international community recognize APIS as a standard for passenger information processing and enhanced security.  APIS information is a critical tool that allows CBP to target high-risk travelers while facilitating the progress of legitimate travelers through the entry and clearance process.

 

            On April 7, 2005, the APIS Final Rule (AFR) was published in the Federal Register, requiring the submission of manifest information by all commercial air and sea carriers arriving into or departing from the United States. Additionally, the AFR established the required data elements and timelines for manifest submissions.  Pursuant to the Intelligence Reform and Terrorism Prevention Act (IRTPA) of 2004, the CBP Pre-Departure Notice of Proposed Rulemaking (NPRM) was published in the Federal Register on July 14, 2006. The NPRM proposed that commercial carriers transmit APIS manifest data prior to departure from, and arrivals to, the United States. The NPRM offered two options: carriers could continue to use the current manifest transmission format for submission, or carriers could start using APIS Quick Query (AQQ), where a single APIS message would be submitted as passengers check in.  As part of the DHS commitment to establishing a common reporting process for carriers submitting traveler information, CBP has been working with TSA to align the CBP Pre-Departure requirements with the Secure Flight program. The APIS Pre-Departure Final Rule is undergoing final DHS and CBP review prior to submission to the Office of Management and Budget (OMB).

 

As reflected in the National Strategy for Pandemic Influenza, the goals of the federal government’s preparedness and response to a potential pandemic are to stop, slow, or otherwise limit the spread of the pandemic to the United States; limit the domestic spread of a pandemic, and mitigate disease, suffering and death; and to sustain our infrastructure and mitigate the impact to our economy and the functioning of society.  CBP must be prepared to maintain essential services, mitigate against the introduction, spread, and consequences of a pandemic, and protect our workforce and the public. CBP is working with our DHS partner agencies, as well as the Centers for Disease Control and Prevention (CDC), to develop effective and appropriate entry/exit procedures and travel restrictions during a pandemic. 

CBP officers are committed to the highest standards of professional conduct.  We want to assist the millions of legitimate travelers who pose little or no threat in gaining proper entry into the United States, both safely and efficiently. As part of this effort, CBP recently implemented a campaign to educate travelers.  Here are some of the best pieces of advice CBP can provide to travelers to help them have a safe, efficient and enjoyable trip abroad: 

 

First, travelers should be sure to declare everything they bring in from abroad, even if the item is bought it in a duty-free shop.  All passengers arriving on a plane must complete a CBP declaration form.  This declaration prevents the unintentional introduction of prohibited items, such as fruits and food products that could introduce devastating diseases and pests into the United States and severely damage U.S. agriculture. If items purchased abroad are intended for personal use or as gifts, they are eligible for duty exemptions. If they are intended for resale, they are not. If any duty is owed, a CBP officer will assist you in paying that duty. 

Second, travelers need to be aware that every food product, fruit, and vegetable must be declared to a CBP officer and must be presented for inspection. Many travelers look forward to bringing home special food items from abroad.  However, it is important to "know before you go" which items can and cannot be brought into the United States from abroad. It is important to remember that the rules and regulations are in place to protect the American economy, plant and animal wildlife, and the health of the American people. 

 

Mr. Chairman, Members of the Subcommittee, I have outlined a broad array of initiatives today that, with your assistance, will help DHS continue to protect America from terrorist threats while fulfilling our other important traditional missions.  But our work is not complete.  With the continued support of the Congress, DHS will succeed in meeting the challenges posed by the ongoing terrorist threat and the need to facilitate ever-increasing numbers of legitimate shipments and travelers.

Thank you again for this opportunity to testify.  I will be happy to answer any questions you may have.