DHS OIG Criticizes CBP's Choice of Land Ports to Modernize
The Department of Homeland Security's Office of Inspector General has issued a report on U.S. Customs and Border Protection's use of American Recovery and Reinvestment Act (ARRA) funds on land ports of entry. OIG finds that CBP is using the funds to build or rebuild ports along the northern border with features and sizes that are unsupported by operational requirements. OIG also finds that CBP is building and repairing ports that were recommended for closure or have a high potential for such.
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
(The 2009 ARRA included $420 million for the management and construction of CBP-owned land ports of entry. The agency owns 43 land ports of entry, 39 on the northern border and 4 on the southern border. Agency-owned ports are on average more than 40 years old; have significant deficiencies; and are usually small, rural, and have low traffic volumes. CBP is using most of the ARRA funds to rebuild 30 such northern border ports and three southern border ports.)
CBP Building 6 Ports, Including 3 Field Offices Recommended for Closure
CBP is currently building six ports at locations CBP has identified as having a high potential for closure (including three that field offices recommended for closure due to low traffic volume): Easton, ME; Forest City, ME; Hannah, ND; Pinecreek, MN; Nighthawk, WA; and Whitlash, MT2. CBP's initial ARRA spending plan targeted these and other CBP-owned ports for repairs and alterations. However, OIG states that CBP now plans to build new ports instead of completing repairs and alterations since the funds are available. OIG states that building additional new ports as opposed to upgrading older ports gives CBP more state-of-the-art facilities and provides greater economic stimulus. However, locations where ports could have been upgraded for about $10,615,000 will now receive new ports for an estimated $48,165,666.
Northern Border Port Designs Not Supported by Operational Requirements
CBP’s main strategy for modernizing the ports it owns on the northern border calls for rebuilding 30 of them. While CBP is using three standard port designs ranging in size, OIG states that CBP has included some features in the designs, principally outbound inspection facilities and fitness rooms, which are not supported by operational requirements. Additionally, CBP did not fully justify the basis for the size of the port design selected for certain locations.
OIG states that there is no operational requirement for fitness rooms, nor is there a CBP fitness requirement for CBP officers1. The fact that CBP is building 22 of the 30 ports without outbound inspection booths and canopies also indicates that such features are not a required port component on the northern border.
Focusing on Northern Border but Strategic Plan Says Focus is on SW Border
OIG also notes that according to the CBP's Outbound Enforcement Division's strategic plan for FY 2010-2014, the division's focus should be on the southwestern border and not the northern border. According to the plan, the division was reestablished to, among other things, increase outbound enforcement activities along the southwest border based on the immediate goal to obstruct the illegal flow of firearms and currency being smuggled from the U.S. to the Mexican drug trafficking organizations.
OIG Recommends Reevaluation, CBP Disagrees
OIG recommended that CBP reevaluate its design selections for five specific ports on the northern border: Boundary, WA; Bridgewater, ME; Cannon Corners, NY; Del Bonita, MT; and Hamlin, ME. OIG also recommended CBP reevaluate its modernization approach for the ports that it ranked high for potential closure to determine whether they should be repaired, rebuilt, or closed. OIG states that CBP did not agree with the recommendations.
1However, CBP officials state that a fitness requirement is forthcoming.
2CBP has initiated closure proceedings at one port, Whitetail, MT, and suspended construction at Churubusco, NY, because of Canada’s decision to close its port on the opposite side of the border. CBP has also identified Monticello, ME, for closure and has began closing Morses Line, VT.
(See ITT's Online Archives 11100446 for BP summary of CBP seeking comments on the potential closure of the Morses Line, VT border crossing.)
(OIG-11-97, dated August 2011)
CBP's 2009 ARRA spending plan is available here.