U.S. Customs and Border Protection: Mission, Structure, and Performance

Introduction and Overview

The United States Customs and Border Protection (CBP) is a comprehensive border security agency within the Department of Homeland Security (DHS) whose main focus is to protect, control, and manage the nation's ports and boundaries. Its primary functions are to facilitate the legitimate movement of goods and people across the border, and to protect the nation from external acts of terrorism. The CBP carries out its anti-terrorism function through a complex multi-level process that involves prioritizing threats, analyzing risk, and anticipating terrorist trends.

High-risk zones are identified through intelligence estimates, geospatial intelligence, effectiveness ratios, traditional third-party indicators, and analysis of data on drug-weight-to-frequency rates and recidivism. CBP is also tasked with preventing the transportation of counterfeit intellectual goods, money, prohibited drugs, agricultural produce, and illegal immigrants across the nation's borders. The agency's role as a component of the DHS is immense.

A faction of experts believes, however, that the reorganization of the DHS and the integration of numerous functions that were initially performed by multiple organizations into two departments (the CBP and the Immigration and Customs Enforcement) did more harm than good, as it made coordination of functions more difficult and has consequently given rise to massive inefficiencies within the DHS. Some skeptics of such reorganization believe that the nation should return to the initial system, where facilitation of international trade, compliance, and security were carried out by multiple organizations.

This text assesses the truth in these arguments by evaluating the performance of CBP (one of the two main components of the DHS) a decade after its formation. It presents the specific roles of CBP, the strategies that it has adopted to achieve its strategic goals, and a baseline comparison of its achievements and performance in 2013 with its projected goals. The analysis shows that despite the many controversies surrounding its formation and structure, CBP has demonstrated positive outcomes in carrying out its functions, and the same system of operation—where related functions initially carried out by multiple organizations are brought together under one large agency—needs to be implemented in other government functions as a way of boosting overall efficiency.

The History of CBP

CBP came into existence on March 1, 2003, when the DHS was established through the passage of the Homeland Security Act. It brought together four organizations: the US Border Patrol, the US Department of Agriculture's Animal and Plant Health Inspection Service, US Customs, and US Immigration. These organizations were initially separately responsible for maintaining the integrity of the nation's borders and points of entry.

With the establishment of the DHS, the service and enforcement functions initially performed by the Immigration and Naturalization Service (INS) were transferred to the Directorate of Border and Transportation Security, which then included the Bureaus of Citizenship and Immigration, Border Security, and US Customs. President Bush, in 2003, proposed a reorganization plan that would rename the three bureaus as the Bureau of Immigration and Customs Enforcement (for the Bureau of Border Security) and the Bureau of Customs and Border Protection (for the Customs Service). The DHS later changed these names to the US Customs and Border Protection (CBP) and the Immigration and Customs Enforcement (ICE).

The agriculture inspection function, formerly performed by APHIS, and the inspections and border patrol functions, initially conducted by INS, were placed under the CBP; whereas investigative roles were assigned to the ICE. In 2006, the Customs Service Air and Marine Interdiction Division was transferred from ICE to the CBP and renamed the Office of Air and Marine. Its specific functions are discussed in the Components and Current Structure section of this text.

Mission, Core Values, and Organizational Alignment

CBP positions itself as the guardian of America's borders. It commits itself to protecting America from terrorism and any threat of terror, and enforcing the nation's laws by facilitating legitimate international trade and travel. In its mission statement, the agency reiterates its commitment to maintaining the integrity of the nation's borders and serving the American people with vigilance, professionalism, and integrity. Currently, CBP is home to over 60,000 employees, and controls approximately 95,000 miles of shoreline, 1,900 miles of the US-Mexico border, and over 5,000 miles of the US-Canada border. Its employees are guided by the core values of integrity, vigilance, and service to country in the conduct of their duties.

As a component of the DHS, CBP ties to the department through its mission and core values. The DHS runs five core missions: to reinforce security through preventing terrorism; to preside over and secure America's borders; to enforce and administer the laws and regulations of immigration; to protect the nation's cyberspace; and to ensure that the nation remains resilient to disaster. The CBP derives its core mission of protecting America from terrorists and instruments of terrorism, and enforcing the nation's laws by facilitating legitimate international trade and travel, directly from the DHS mission statement.

Additionally, CBP is covered by any legislation affecting the DHS. For instance, CBP is bound by the DHS Financial Accountability Act and is required to submit an annual assurance statement detailing its performance data, internal controls, financial system controls, management systems controls, and its impact on the functions of the DHS. In 2013, CBP implemented various strategies geared at improving financial efficiency in line with the DHS Financial Accountability Act, including modernization of revenue processes and systems, establishment of purchase request review processes for evaluating the cost efficiencies of proposed procurements, and conduction of vendor outreach events meant to link small international business opportunities with the government.

Components and Current Structure

The CBP comprises fourteen component offices, all of which report to the CBP commissioner. These offices are organized to address distinct functional areas while maintaining coordination through the central command structure.

The OFO is charged with the enforcement of agriculture, immigration, and customs laws and regulations at the nation's borders. Its core function is to prevent the entry of terrorists and instruments of terrorism into the United States. Currently, OFO operates in 15 clearance stations in Ireland, the Caribbean, and Canada, 328 points of entry, and 230 field operation points. The field offices are each headed by a Director of Field Operations, and the points of entry by Port Directors whose main responsibility is to oversee the enforcement of laws and ensure the smooth flow of people and goods at individual operational centers.

The OAM serves mainly to protect the nation and its critical infrastructure from unlawful movement and external acts of terrorism through the use of marine forces and integrated air assets. Its forces are responsible for maintaining domain security of the national border, enforcing air and marine laws at the points of entry, and interdicting illegal air and marine shipments. OAM officers also support DHS missions such as recovery from terrorism and national disasters.

The OBP is the CBP's law-enforcement hub. Its core responsibility is to prevent illegal drugs, illegal aliens, terrorists, and instruments of terrorism from being smuggled into the country at the points of entry. It comprises twenty sectors scattered along the coastal, northern, and southwestern areas of the country. Currently, the Border Patrol is responsible for over 2,000 miles of coastal waters surrounding the Puerto Rico Island and the Florida Peninsula, and over 6,000 miles of the US-Canada and US-Mexico borders.

OIIL forces implement and coordinate intelligence capabilities to help other CBP components detect and interdict unlawful trade and travel. The OIIL brings together, in one cohesive enterprise, intelligence capabilities from different CBP offices. It supports the agency's mission through collection and analysis of valuable cargo and traveler information, intelligence analysis, and establishment of information-sharing relationships with relevant tribal, local, state, and federal intelligence agencies.

The INA is responsible for coordinating and supporting the agency's foreign activities, initiatives, and programs. This it does through establishing partnerships with international organizations, foreign administrations, and relevant agencies of the US government. Its forces currently operate 5 advisory and 22 attaché offices whose main focus is to enforce border best practices and facilitate capacity building on a global scale.

The OT is responsible for coordinating program development and trade policy. Its core responsibility is to enforce trade policy by taking legal action against companies that engage in property rights infringement and other predatory trade practices. Its specific duties include implementation of programs designed to aid in the identification of imported products that pose safety or health risks, enforcement of international trade agreements and trade laws and regulations, issuance of CBP regulations and compliance publications, and conduction of outreach and training programs on trade and customs laws.

OCA forces coordinate the agency's legislative and congressional activities to ensure that all programmatic, technical, operational, and policy activities flow smoothly. Specific functions include requesting information, assistance, tours, or meetings from Congress, and building relationships between the agency and members and staff of Congress.

These offices are responsible for overseeing the agency's budget activities and its asset management, procurement, and financial management activities as outlined in the Chief Financial Officers Act of 1990.

CBP operates a centralized human resource management system. The HRM Office is responsible for organizational structure, employee relations, labor relations, personnel actions, workplace safety, and compensation administration. Further, it is responsible for developing employee wellness and health programs and providing benefits information, retention support, and recruitment services.

Their core responsibility is to provide the agency with the technology solutions, services, and information needed to keep the border secure. The CIO is also responsible for overseeing system interfaces between the agency and various government agencies, as well as managing automated import processing systems.

The OIA is the security arm of CBP and serves mainly to promote the integrity of the agency's workforce. Its main responsibilities include conducting background checks on CBP employees, investigating claims of misconduct brought against employees, performing credibility assessments, detecting and preventing internal fraud and corruption, designing cyber-security policies meant to secure the agency's confidential information, and developing internal control systems.

The OPA is largely responsible for communicating the agency's operations and mission to its chief stakeholders, who include CBP employees, travelers crossing America's borders, international trade organizations, importers, and the American public. These communications are usually passed through five channels: CBP Today (the agency's bimonthly newsletter), CBPnet (the agency's intranet site for internal communications), the agency's call center, the agency's website, informational brochures, and media events.

OTIA is responsible for integrating technology across the agency and ensuring that the technology efforts of all CBP components align properly with the overall mission. Further, OTIA is responsible for the development of management programs designed to aid in the acquisition of effective contractor-delivered services or products. It is headed by the Component Acquisition Executive (CAE).

The OTD is responsible for designing employee training programs and training supports, and ensuring that such programs not only support the agency's mission but also assist employees in the realization of the agency's strategic goals. This it does by procuring relevant training tools, delivering and evaluating the effectiveness of employee training programs, and establishing agency training policies and standards. Towards this end, OTD's core responsibility is to prepare the agency's employees to meet the challenges faced in the performance of mission-critical operations.

Strategic Goals and Performance

As the guardian of the nation's borders and points of entry, CBP has three strategic missions: to secure America and its people from external instruments of terrorism, to secure and expedite the flow of goods and movement of persons across the nation's borders, and to sustain investment in capabilities and people.

CBP is responsible for protecting America against any kinds of cross-border violations by enforcing international trade policies and laws and regulations governing agriculture, customs, and immigration. The strategic performance objective under this mission is to secure the nation's borders in areas perceived to bear the greatest risk of terrorist attacks. The agency achieves this by using information and intelligence to focus resources in a more effective, risk-based manner and collaborating with relevant agencies and organizations in the US and beyond to mobilize resources.

The agency measures its degree of achievement in this goal through the recidivism rate—the rate at which individuals repeat an offense following efficient and effective application of consequences. In its 2013 performance evaluation, the agency reported a recidivism rate of 15.8% for illegal border crossers, which was significantly lower than the 18% rate that had been earlier predicted. It attributes this achievement to the implementation of the Consequence Delivery Program, which applied more efficient and effective consequences to illegal crossers and reduced the number of apprehensions that could result in the crosser's voluntary return from 59% to 12%. Further, the agency was able to seize 731 weapons being shipped into the country for illegal use, exceeding the targeted amount of 400.

CBP is responsible for ensuring that America's borders are secure while also enhancing the legitimate movement of goods and people across the border. To achieve these dual objectives, it implements a number of programs designed to expedite the movement of people while enhancing the security of the supply chain and the overall international trade environment.

The strategic performance objective is to improve the screening and seizure of illegal (high-risk) cargo and travelers while facilitating the smooth movement of legitimate cargo and travelers. CBP has upgraded its systems and technology to better identify high-risk cargo and travelers for inspection. This kind of high-risk targeting enhances commerce and trade by providing avenues for legitimate travelers and goods to pass through ports and points of entry without unnecessary delays.

CBP uses its intelligence systems to develop effective targeting methods for identifying high-risk shipments and travelers that need further inspection. Automated targeting systems give officers stationed at different points advance notice of all shipments and travelers coming into the US via marine and air networks. This gives CBP officers ample time to cross-check cargo and passenger manifests against relevant databases from the National Crime Information Center and TECS.

The CBP measures its degree of achievement in terms of the value of goods imported by trade partnership program participants and the value of cargo identified as high-risk. The Importer Self-Assessment and the Trade Partnership against Terrorism programs are among the key trade programs implemented by the CBP to enable it to work together with the trade community to maintain the integrity of the nation's borders. In 2013, the agency fell short of its 57.0% proportion of imports from trade partnership program participants. Moreover, it was unable to meet the targeted value of inbound high-risk cargo. It attributes this to teething problems associated with the newly-implemented Automated Targeting System and maintains that the OFO will continue working with the Targeting and Analysis System Program Office, shippers, and carriers to resolve identified issues and implement permanent process improvements.

CBP appreciates that it needs to invest in its workforce if it is to be successful in its mission. This it does through providing mission support and training facilities to ensure that employees are not only better prepared for leadership opportunities in the future but also more proficient in executing their on-the-job skills. The performance strategic objective under this mission is to improve the efficiency and effectiveness of the agency's mission by leveraging, unifying, and integrating resources to support the operations of the various offices.

Conclusion

The United States Customs and Border Protection (CBP) is a comprehensive border security agency within the DHS. Its main function is to protect, control, and manage the nation's ports and boundaries to prevent the entry of terrorists and illegitimate items of trade. The DHS was formed in 2003 following the September 11 tragedy. It brought together over 22,000 federal employees drawn from multiple organizations that were initially tasked with maintaining the integrity of the border.

A decade after its formation, however, the DHS continues to face issues of low staff morale and concerns over its effectiveness. Currently, the DHS is divided into two key divisions: the Customs and Border Protection (CBP) and the Immigration and Customs Enforcement (ICE). This text sought to assess the truth in the claim that reorganization has created inefficiencies. Based on the performance of the CBP so far, the author concludes that this claim lacks support. Evidently, the CBP has made significant progress in protecting America's borders despite the inherent difficulties associated with having to handle a wide array of crucial functions.

The author thus posits that the same kind of restructuring ought to be applied in other government functions to improve efficiency, performance, and accountability. The consolidation model demonstrated by CBP's effectiveness in its multiple roles suggests that strategic integration of related functions can enhance rather than diminish government capability.