[Senate Hearing 117-726]
[From the U.S. Government Publishing Office]




                                                        S. Hrg. 117-726

                       NOMINATION OF CHRIS MAGNUS

=======================================================================

                                HEARING

                               before the

                          COMMITTEE ON FINANCE
                          UNITED STATES SENATE

                    ONE HUNDRED SEVENTEENTH CONGRESS

                             FIRST SESSION

                                 on the

                             NOMINATION OF

            CHRIS MAGNUS, TO BE COMMISSIONER, CUSTOMS AND BORDER
                PROTECTION, DEPARTMENT OF HOMELAND SECURITY

                               __________


                            OCTOBER 19, 2021

                               __________

                                     
                                     


                [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]




            Printed for the use of the Committee on Finance

                             ______
                                 

                 U.S. GOVERNMENT PUBLISHING OFFICE

53-142--PDF                WASHINGTON : 2023











                          COMMITTEE ON FINANCE

                      RON WYDEN, Oregon, Chairman

DEBBIE STABENOW, Michigan            MIKE CRAPO, Idaho
MARIA CANTWELL, Washington           CHUCK GRASSLEY, Iowa
ROBERT MENENDEZ, New Jersey          JOHN CORNYN, Texas
THOMAS R. CARPER, Delaware           JOHN THUNE, South Dakota
BENJAMIN L. CARDIN, Maryland         RICHARD BURR, North Carolina
SHERROD BROWN, Ohio                  ROB PORTMAN, Ohio
MICHAEL F. BENNET, Colorado          PATRICK J. TOOMEY, Pennsylvania
ROBERT P. CASEY, Jr., Pennsylvania   TIM SCOTT, South Carolina
MARK R. WARNER, Virginia             BILL CASSIDY, Louisiana
SHELDON WHITEHOUSE, Rhode Island     JAMES LANKFORD, Oklahoma
MAGGIE HASSAN, New Hampshire         STEVE DAINES, Montana
CATHERINE CORTEZ MASTO, Nevada       TODD YOUNG, Indiana
ELIZABETH WARREN, Massachusetts      BEN SASSE, Nebraska
                                     JOHN BARRASSO, Wyoming

                    Joshua Sheinkman, Staff Director

                Gregg Richard, Republican Staff Director

                                  (II)












                            C O N T E N T S

                              ----------                              

                           OPENING STATEMENTS

                                                                   Page
Wyden, Hon. Ron, a U.S. Senator from Oregon, chairman, Committee 
  on Finance.....................................................     1
Crapo, Hon. Mike, a U.S. Senator from Idaho......................     3

                        CONGRESSIONAL WITNESSES

Sinema, Hon. Kyrsten, a U.S. Senator from Arizona................     4
Kelly, Hon. Mark, a U.S. Senator from Arizona....................     6

                         ADMINISTRATION NOMINEE

Magnus, Chris, nominated to be Commissioner, Customs and Border 
  Protection, Department of Homeland Security, Washington, DC....     7

               ALPHABETICAL LISTING AND APPENDIX MATERIAL

Crapo, Hon. Mike:
    Opening statement............................................     3
    Prepared statement...........................................    43
Kelly, Hon. Mark:
    Testimony....................................................     6
Magnus, Chris:
    Testimony....................................................     7
    Prepared statement...........................................    44
    Biographical information.....................................    45
    Responses to questions from committee members................    64
Sinema, Hon. Kyrsten:
    Testimony....................................................     4
Wyden, Hon. Ron:
    Opening statement............................................     1
    Prepared statement...........................................    97

                             Communications

Doan, Laura I....................................................    99
Express Association of America...................................   102
Menig, George....................................................   106
Protect America Now..............................................   108

                                 (III)











 
                   NOMINATION OF CHRIS MAGNUS, TO BE
                    COMMISSIONER, CUSTOMS AND BORDER
                       PROTECTION, DEPARTMENT OF
                           HOMELAND SECURITY

                              ----------                              


                       TUESDAY, OCTOBER 19, 2021

                                       U.S. Senate,
                                      Committee on Finance,
                                                    Washington, DC.
    The hearing was convened, pursuant to notice, at 9:30 a.m., 
via Webex, in Room SD-215, Dirksen Senate Office Building, Hon. 
Ron Wyden (chairman of the committee) presiding.
    Present: Senators Stabenow, Menendez, Carper, Cardin, 
Brown, Bennet, Casey, Hassan, Cortez Masto, Warren, Crapo, 
Grassley, Cornyn, Thune, Portman, Toomey, Scott, Cassidy, 
Lankford, Daines, Young, and Sasse.
    Also present: Democratic staff: Michael Evans, Deputy Staff 
Director and Chief Counsel; Sally Laing, Chief International 
Trade Counsel; and Ian Nicholson, Investigator/Nominations 
Advisor. Republican staff: James Guiliano, Policy Advisor; John 
O'Hara, Trade Policy Director and Counsel; Mayur Patel, Chief 
International Trade Counsel; Gregg Richard, Staff Director; and 
Jeffrey Wrase, Deputy Staff Director and Chief Economist.

   OPENING STATEMENT OF HON. RON WYDEN, A U.S. SENATOR FROM 
             OREGON, CHAIRMAN, COMMITTEE ON FINANCE

    The Chairman. This morning the Finance Committee meets to 
discuss President Biden's nomination of Chief Chris Magnus to 
lead Customs and Border Protection. I want to thank Chief 
Magnus for joining the committee today and for his willingness 
to take on this extraordinarily difficult job.
    Chief Magnus is the Chief of Police in Tucson, AZ. He 
started out in Lansing, MI, and his career in public safety has 
taken him east, west, north, and south. If confirmed, Chief 
Magnus would lead an agency with tens of thousands of 
employees. Customs and Border Protection is responsible for 
over 300 points of entry into the country, and it enforces the 
country's immigration laws.
    The committee has a special interest in ensuring that 
Customs and Border Protection's trade mission does not get 
short shrift. Enforcing trade laws vigorously and working to 
stay ahead of trade cheats is absolutely key to protecting 
jobs, businesses, and innovators in America, and Customs and 
Border Protecion is right at the heart of that challenge.
    Too often in the past, including during the Trump 
administration, trade enforcement has been a secondary issue. 
The committee has worked hard over the last few years to give 
Customs and Border Protection fresh and modern trade 
enforcement tools. The goal is to help our trade enforcers work 
faster and communicate more closely with businesses and other 
organizations that can spot the trade cheats. And these trade 
cheats are definitely undercutting American workers, and they 
are undercutting American jobs.
    Those upgrades have already begun to make a big difference 
over the slower, outdated approach of previous decades. But in 
my view, there is always room for improvement, so this 
committee is going to continue to look for ways--and I have 
discussed this with the Chief--to strengthen our trade 
enforcement even further.
    One such issue that is posing a serious danger to America's 
values and our jobs is the use of forced labor in China and 
elsewhere. It is an abhorrent practice--modern-day slavery. The 
Finance Committee's authority over trade laws is a big part of 
what needs to be an all-out effort to end that modern-day 
slavery.
    Until just a few years ago, there had been a major loophole 
in the laws on the books that allowed some products made by 
forced labor to be imported into the country. Senator Brown and 
I wrote a law that closed that loophole in 2016. Since then, 
for example, the United States has taken action to block the 
import of cotton and tomatoes picked by slave labor in western 
China. However, there are many more areas and industries in 
which forced labor continues to be an ongoing threat to 
American workers. In addition to goods coming from China, 
Senator Brown and I are concerned about the import of mica, 
palm oil, and cocoa, which may also be produced with forced 
labor.
    Customs and Border Protection not only investigates 
allegations of forced labor and demands remediation where 
appropriate, it also enforces the ban on forced labor products 
entering the country. This is a hard job, and one that requires 
quick action, lots of discussion, and communication in an 
ongoing way with American businesses, human rights 
organizations, and others.
    This committee is going to continue to work on this issue 
in the months and years ahead, and we look forward to hearing 
from Chief Magnus on that subject today.
    Finally, immigration is not explicitly in the Finance 
Committee's jurisdiction. It is sure, however, to come up today 
from members. The Trump administration made it fashionable to 
believe that enforcing our immigration laws required abusing 
immigrants and asylum seekers at the border. Recently the 
American people saw images of what that mindset looks like in 
the real world. It is absolutely, unquestionably wrong.
    I start--and you and I have talked about this, Chief--with 
the proposition that enforcing our immigration laws, and 
treating people humanely, those two goals are not mutually 
exclusive. We can do both, and we are going to insist on both. 
Embracing immigration and asylum seekers is not only a part of 
our national character, it is a big economic winner for 
America. And I appreciate the discussions we have had on that 
matter.
    In closing, my last point is on an issue that dates back to 
before Chief Magnus's nomination. In the summer of 2020, the 
Trump administration deployed Federal law enforcement troops in 
cities, including my home town of Portland. As the Chief knows, 
I was hearing from schools, like the Cottonwood School in 
Portland, where they got up in the morning and they saw teargas 
canisters in their sandbox, and clearly there were some major 
abuses of power at that time.
    For many months I demanded review of policies regarding, 
for example, the use of chemical munitions at schools. There 
now has been significant progress on these issues.
    I want to thank the Secretary, Secretary Mayorkas, for that 
progress, and I look forward to working with the Secretary and 
the Department on this subject, because some of my neighbors in 
Portland are still reeling from the harm that the Trump 
administration inflicted upon them.
    With that, Chief, I want to congratulate you again on your 
nomination. Thank you for being here. We are going to have a 
good discussion today.
    [The prepared statement of Chairman Wyden appears in the 
appendix.]
    The Chairman. My friend, Senator Crapo.

             OPENING STATEMENT OF HON. MIKE CRAPO, 
                   A U.S. SENATOR FROM IDAHO

    Senator Crapo. Thank you, Mr. Chairman. Mr. Magnus, 
welcome.
    U.S. Customs and Border Protection, or CBP, is the Nation's 
largest Federal law enforcement agency. It needs to be. Its 
responsibilities are staggering. CBP is tasked with 
facilitating lawful international trade and travel. The United 
States is a leader in international commerce, and that 
leadership depends on ensuring that lawful trade and visits 
flow smoothly. It also requires that we safeguard our borders 
from terrorists, drug traffickers, and transnational criminals.
    In 2020--a year when the pandemic curtailed trade and 
travel--the 63,000 men and women of CBP on an average day 
processed 650,000 passengers and 77,000 truck, rail, and sea 
containers; arrested 39 criminals at U.S. ports of entry; 
seized 3,600 pounds of drugs; caught $3.6 million worth of 
products that infringe intellectual property rights; and 
discovered 250 pests that could potentially cause untold damage 
to U.S. farmers.
    But CBP's work is not just point-of-entry inspections. CBP 
also undertakes sophisticated investigations to ensure our 
Customs laws are properly enforced. This includes identifying 
actors who try to smuggle goods made with forced labor into the 
United States or evade our antidumping or countervailing 
duties.
    Deliberate evasion of antidumping and countervailing duties 
not only undercuts revenue lawfully owed to the government, but 
prevents our workers and businesses from redressing unfair 
trade practices. Softwood lumber producers in my home State of 
Idaho rely on antidumping and countervailing measures to combat 
unfair trade--and CBP's work ensures that those measures are 
effective.
    CBP also maintains international operations. CBP operates 
attache offices in 23 countries around the world. Its Container 
Security Initiative screens containers that pose a risk of 
terrorism at foreign ports before they are placed on vessels 
destined for the United States. Through this program, CBP can 
prescreen over 80 percent of all maritime containerized cargo 
imported into the United States.
    Under normal circumstances, overseeing all of this work 
would require extraordinary skill, experience, and judgment. 
But these are not normal times. Specifically, I am referring to 
the heartbreaking situation unfolding on our southern border.
    In August of this year, CBP had over 200,000 encounters on 
the southwest border, significantly higher than the preceding 
August that had only 50,000 encounters, which itself was down 
from 60,000 in August of 2019. In fiscal year 2021 there were 
1.4 million encounters, even without accounting for September 
numbers that are not yet known, which is more than double the 
458,000 encounters in fiscal year 2020.
    Once in office, the administration's initial approach to 
this surge was to downplay, or worse, undermine its own tools 
to address it. It eliminated the successful ``Remain in 
Mexico'' policy known as the Migrant Protection Protocols. This 
program wisely required certain migrants to remain in Mexico 
while their claims were decided.
    The sudden termination of the program was not only rash 
but, as confirmed by the Supreme Court in August, contrary to 
law. Moreover, the men and women at the CBP have been left 
demoralized and adrift by the administration's approach. 
Indeed, the president of the Federal Law Enforcement Officers 
Association has written that ``the administration needs to stop 
blaming the Federal law enforcement officers at the border who 
are over-tasked, under-resourced, and under-appreciated. It is 
the lack of a coherent strategy that has escalated the crisis 
at the border, not the border officers,'' end quote.
    In sum, the crisis--and that is precisely what it is--is 
absolutely unacceptable. This committee must ensure that CBP is 
headed by someone who has the requisite ability and commitment 
to end it as soon as possible. Failing to ensure such will only 
prolong this tragedy.
    Accordingly, I look forward to this hearing and the 
nominee's testimony and his response to our questions.
    Thank you, Mr. Chairman.
    [The prepared statement of Senator Crapo appears in the 
appendix.]
    The Chairman. Thank you, Senator Crapo. And as always, I 
look forward to working with you.
    Senator Sinema is here. Senator Kelly is here. Chief, you 
have the good fortune to be supported strongly by both of your 
United States Senators. We welcome their remarks, and we will 
begin with Senator Sinema.

               STATEMENT OF HON. KYRSTEN SINEMA, 
                  A U.S. SENATOR FROM ARIZONA

    Senator Sinema. Thank you, Mr. Chairman.
    I appreciate the opportunity to attend today's Finance 
Committee hearing and introduce Chief Chris Magnus, an 
exceptional nominee to be Commissioner of Customs and Border 
Protection. And I am very pleased to be joined today by my 
friend and colleague, Senator Mark Kelly, who will also offer 
introductory comments.
    Chris Magnus has been a police chief in Fargo, ND, 
Richmond, CA, and currently my home town of Tucson, AZ, and 
that is where I have gotten to know him. His background as an 
exceptional law enforcement professional is on both the 
northern and southwestern borders and has prepared him well to 
help CBP overcome the many challenges at our borders.
    When I judge a border initiative or solution, I examine 
three main questions. One, will this provision help secure the 
border? Two, will it protect our communities? And three, will 
it ensure that migrants are treated fairly and humanely? I know 
that Chris Magnus will have a similar approach, and that is why 
he has my support, and it is why I hope he will have the 
support of this committee and the Senate as well.
    As we all know, there have been significant problems along 
the border in the past years. During that time, the city of 
Tucson has been on the front lines of responding to and 
managing the ongoing migrant crisis. Tucson city officials and 
NGOs have teamed up with the Department of Homeland Security to 
manage growing numbers of asylum seekers and other migrants 
arriving in Arizona. This has been a successful partnership 
that has helped migrants and has protected our communities.
    Chief Magnus's role in this partnership shows that he 
understands the current issues at our borders. He collaborates 
effectively with various stakeholders to tackle complicated 
problems, and he is ready to get to work to solve these issues.
    Chief Magnus also understands that we need to secure the 
border. This is a law enforcement challenge that starts at our 
ports of entry, which is where most of the narcotics that cross 
the southwest border enter our Nation. CBP needs a Commissioner 
who understands how to thwart organized criminal networks, 
while also allowing for the efficient flow of legitimate trade 
and travel. Arizona, and particularly Tucson, is a critical 
link in the flow of cross-border commerce along the southwest 
border.
    Chief Magnus has built great relationships through Arizona, 
and I am certain he will bring that same consensus-building 
common-sense approach to CBP. And that is what we need at the 
border right now.
    Our Nation faces significant challenges at the border, but 
the only way we can solve them is by working together. And 
Chief Magnus has shown the tenacity and the ability to do 
exactly that at every step of his career, as he has moved up 
from a police officer in Michigan to a police chief in Arizona, 
and I have no doubt that he will step up again when he is 
confirmed as Commissioner of CBP.
    It is critical that Customs and Border Protection have a 
Senate-confirmed leadership position. Today's hearing is an 
important step towards that goal, a goal that I hope each of 
us, as Senators, share. Having someone like Chief Magnus 
leading CBP is the best way our Nation can better secure our 
border, better protect our communities, and ensure that 
migrants are treated fairly and humanely.
    So, Mr. Chairman, thank you again for the opportunity to 
speak to the committee today.
    The Chairman. Thank you, Senator Sinema.
    And, Chief, you have the support of 100 percent of 
Arizona's United States Senators, and we will hear from the 
other one.
    Senator Kelly?

                 STATEMENT OF HON. MARK KELLY, 
                  A U.S. SENATOR FROM ARIZONA

    Senator Kelly. Thank you, Mr. Chairman. Chairman Wyden, 
Ranking Member Crapo, and members of the committee, thank you 
for holding this hearing. I am happy to be here today with 
Senator Sinema to introduce Tucson Police Chief Chris Magnus, 
who has been nominated to be the Commissioner of Customs and 
Border Protection.
    As a southern Arizonan, Chris Magnus knows well the 
importance of this critical post. Arizona shares a 373-mile-
long border with Mexico. And Arizonans know that too often 
Washington is far removed from this reality. Trying to secure 
the border and fix our broken immigration laws without knowing 
what is happening on the ground, Washington has failed 
Arizonans on this issue for decades. And it has eroded trust in 
the system. That is why we welcome the nomination of Chief 
Magnus, a Tucsonian and long-time law enforcement leader, to 
head Customs and Border Protection, because we need a smart 
approach at the border that is humane, orderly, and secure. And 
we need someone at the helm with the experience and perspective 
to implement those smart solutions.
    And, as we continue to overcome the COVID-19 pandemic and 
work to rebuild our economy, it is critical that our trade and 
tourism economies recover as well. We need a leader at CBP who 
can undertake the task of ensuring we have the resources, 
training, and capacity at our borders to process increased 
tourism and cargo, which our border communities and businesses 
depend on.
    And finally, CBP officers have a difficult job. They are 
often stretched thin and asked to work long hours in difficult 
conditions. I appreciate their service. It is critical for 
Arizona and for CBP to have Senate-confirmed leadership 
committed to supporting officers and carrying out its mission.
    Over his 42-year career in law enforcement, Chief Magnus 
served as the Chief of Police in three separate police 
departments across the country. As the son of two police 
officers myself, I have respected his approach to public 
service, and his leadership at the Tucson police department. It 
is clear that he values establishing meaningful connections 
with folks he works with and serves, regardless of their 
backgrounds.
    He has done this in Tucson, working with and earning the 
respect of leaders of different political parties, and from 
different parts of the community. In southern Arizona, we have 
gotten to know Chief Magnus as a committed public servant with 
the grit and experience to take on this job.
    I know that through this confirmation process, this 
committee, and the Senate, will see that as well. And when he 
is confirmed, we in Arizona look forward to continuing to work 
with him to secure our border and support the men and women of 
CBP.
    Thank you, Mr. Chairman.
    The Chairman. Thank you, Senator Kelly. And I know both of 
my colleagues have busy days, so you can consider yourself 
excused. And thank you very much for being here to launch Mr. 
Magnus's nomination hearing.
    Chief, we will now hear from you. Then we have some 
obligatory questions that we're going to have to ask, but 
please go ahead, and I very much appreciate the conversation 
that we recently had, and I look forward to your remarks.

   STATEMENT OF CHRIS MAGNUS, NOMINATED TO BE COMMISSIONER, 
CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY, 
                         WASHINGTON, DC

    Mr. Magnus. Chairman Wyden, Ranking Member Crapo, and 
members of the committee, it really is an honor and privilege 
to be sitting before you today as President Biden's nominee to 
serve as Commissioner of Customs and Border Protection. I am 
very grateful for the support of the President and Secretary 
Mayorkas.
    Originally created in 1789 in order to pay our country's 
Revolutionary War debts, CBP's modern-day responsibilities--
facilitating immigration, protecting our Nation's border 
security, promoting trade and travel, and more--are as critical 
now as they were in the early days following our Nation's 
founding.
    CBP is a key part of our immigration system that has 
welcomed so many families to our country, including my own. My 
father was an English and art history professor who emigrated 
to the U.S. from Norway in 1921. My mother, a pianist and a 
homemaker, was the daughter of German immigrants. I have two 
sisters, Carol and Beth, and a brother, Gerhard.
    My husband, Terrance Cheung, who is with me today, 
immigrated to the United States from Hong Kong with his 
wonderful mother, Clara, who has retired after running her own 
small business for 3 decades. Terrence has been a journalist, 
Chief of Staff for a Mayor and County Supervisor, and currently 
works for the Arizona Superior Court in Pima County. I could 
not ask for a more supportive partner.
    As a career public safety officer, there would be no 
greater privilege than to lead one of the largest Federal law 
enforcement agencies in the country. As a young man in Lansing, 
MI, I put myself through college, where I earned degrees in 
criminal justice and labor relations from Michigan State 
University. I worked first as a 911 dispatcher, a paramedic, 
and a Deputy Sheriff. I then came up through the Lansing police 
department ranks, ultimately attaining the rank of Captain.
    My 41-year career in public safety has afforded me the 
opportunity to work in communities of all sizes and types in 
different geographic areas of the country--each with its own 
unique needs and challenges. And all of them provided 
opportunities to learn, innovate, and work with talented, 
dedicated people.
    But I know all too well the impact that trade and its 
economic effects can have on America's communities. As a police 
officer in Lansing, MI, I saw firsthand what happened when the 
U.S. auto industry struggled during the '80s and '90s. Today, 
thanks to bipartisan efforts to improve our trade policies, 
auto plants in Lansing and other American cities not only do 
business on a level playing field, but have also been able to 
expand and flourish. Manufacturing workers throughout the U.S. 
can now be assured of more pay equity with Mexican and Canadian 
workers.
    I am acutely aware that CBP's role in enforcing trade laws 
and facilitating trade goes well beyond the manufacturing 
sector. If confirmed to lead this agency, I will work with this 
committee and with Congress to protect intellectual property, 
U.S. agriculture, and the many products that Americans rely 
upon.
    Addressing forced labor would also be one of my high 
priorities. While it is hard to imagine anything more 
antithetical to our core values as Americans, eliminating 
forced labor is more than a philosophical undertaking--it is a 
moral imperative. We must give full force to laws that punish 
this modern-day slavery, while simultaneously facilitating 
trade for the overwhelming majority of companies that do 
business responsibly.
    Today, I live in a city close to the U.S. border with 
Mexico and consider myself lucky to have visited both borders 
many times. It is essential to recognize that what we think of 
as the border is not homogenous, and there is no one solution 
that will provide us with perfect border security.
    So, if confirmed, I will do what I have always done in my 
professional career, which is to uphold the law. I will also 
expect--without exception--that all agency personnel be 
conscientious, fair, and humane when enforcing the law.
    Now, more than a few colleagues, friends, and family 
members have asked me, ``What are you thinking?'' Why would I 
choose to take on this important but challenging responsibility 
of leading CBP at this moment? And here is my answer, which is 
the same answer I gave when I started my public safety career 
in 1979: I want to make a difference. CBP is a proud agency 
with a mission that is vital to this country. I believe that by 
working with Congress, the men and women who serve CBP, and its 
public and 
private-sector partners, can build upon its many strengths to 
make the agency even better.
    I pride myself on being a pragmatic and bipartisan problem-
solver. And the principles that have guided me are integrity, 
accountability, caring, and resolve. I care about innovative 
ideas, not ideology. I prize and foster continuous improvement, 
and then I dig in to get the work done.
    So, if confirmed, my pledge to this committee and its 
members is simple: I will have an unwavering commitment to 
serving the American people and will lead with intellectual 
humility and enthusiasm every day.
    Thank you again for the opportunity to appear before you 
today and for your consideration of my nomination to this 
critical role, and I look forward to your questions.
    [The prepared statement of Mr. Magnus appears in the 
appendix.]
    The Chairman. Chief, thank you very much. I heard you say 
that your friends asked you, ``What were you thinking when you 
decided to be the President's nominee?'' And I said to myself, 
``I hope he doesn't shut his binder and walk out,'' because we 
are very glad that you are here.
    Now we have some obligatory questions.
    First, is there anything that you are aware of in your 
background that might present a conflict of interest with the 
duties of the office to which you have been nominated?
    Mr. Magnus. No, there is not.
    The Chairman. Second, do you know of any reason, personal 
or otherwise, that would in any way prevent you from fully and 
honorably discharging the responsibilities of the office to 
which you have been nominated?
    Mr. Magnus. No, I do not, sir.
    The Chairman. Do you agree, without reservation, to respond 
to any reasonable summons to appear and testify before any duly 
constituted committee of the Congress, if you are confirmed?
    Mr. Magnus. Yes, Mr. Chairman, I do.
    The Chairman. Finally, do you commit to provide a prompt 
response in writing to any questions addressed to you by any 
Senator of the committee?
    Mr. Magnus. Yes, I do.
    The Chairman. All right. I will begin with just a couple of 
questions and then yield to my colleague, Senator Crapo.
    Now, you will have a significant enforcement role, 
particularly on the southern border at the ports of entry, and 
you have a big challenge from a humanitarian standpoint, given 
what has happened in countries in the Western Hemisphere. We 
all have seen the images of the Border Patrol agents expelling 
the Haitian migrants at the border, and nothing about those 
images is acceptable or appropriate.
    Now, during my visit to the southern border, I saw--and we 
talked about this--Border Patrol agents unable to interpret the 
immigration laws on the books correctly.
    So my question to you is, how are you going to go about 
making sure that the agents understand the immigration and 
refugee laws that are on the books, and number two, that they 
act humanely when enforcing them?
    Mr. Magnus. Mr. Chairman, thank you very much for the 
question. I agree that Border Patrol agents, and for that 
matter all members of CBP, have significant enforcement roles, 
and that there has to be a balance of law enforcement, but also 
treating people with humanity. That is exactly what I expect of 
my own officers, and have, wherever I have worked.
    But I also think that training has to go all the way back 
to the academy level where people first start. In fact, I think 
you can make a credible case that it goes all the way back to 
the traits and characteristics that you look for in the people 
whom you hire. If I was fortunate to be confirmed to this 
position, I would want to look all the way back to that stage 
to make sure we are looking for people who have the right 
qualities and skills to be the best possible members of CBP; 
that they receive the necessary training to do their jobs; and 
then the necessary supervision to help them move forward with 
that. That is exactly the approach that I have always taken.
    The Chairman. I just want you to know that we are going to 
be following up in this area. Because, as I touched on earlier, 
I do not believe that enforcement of these laws and treating 
people humanely are mutually exclusive. We are going to have to 
insist on both, and we will have further discussions about it.
    Let's talk about the supply chain situation, the backlog 
problems for American businesses, raising costs for our 
consumers with long waits--for example, CBP X-ray machines. And 
the Biden administration has engaged in a public-private 
partnership now to keep U.S. ports open 24/7 to address 
shipping issues.
    We want to ask specifically about your role in this. 
Because it is clear to me that you are not going to be in a 
position to deal with all aspects of the supply chain backlog. 
But improved processing of shipments through ports is clearly 
part of your portfolio. That is where, in effect, you are the 
point person. Improving processing of shipments through ports 
is part of your portfolio.
    How would you go about carrying that out?
    Mr. Magnus. Mr. Chairman, thank you for the question. And I 
could not agree more that preserving and reinforcing America's 
supply chain is one of our top priorities--and must be one of 
our top priorities. It is certainly something that I care 
deeply about. We see, as we approach the holidays, the impact 
of a supply chain that is struggling right now.
    And so, although CBP is only one actor at the ports--and 
certainly not the only entity that has responsibility for the 
smooth movement of goods through the ports--it plays a very 
important role.
    I would want to make sure, if confirmed, that the agency 
has the appropriate staffing at the ports; that we are working 
with the President's guidance around hours and different ways 
that the ports are operational. I also believe that continuing 
to develop and modernize the resources that CBP has, such as 
ACE, I think is very important as we move forward. There is 
definitely work to be done to maintain that, to modernize it, 
to get it into the Cloud. All of these things will help us 
through the short run and in the long run, but all are very 
important.
    The Chairman. One last question to you, quickly. I want to 
talk to you about e-Passport security. As you know, the 
Government Accountability Office identified a major security 
gap at the border. Customs and Border Protection lacked the 
software necessary to verify that the data stored in passport 
chips had not been tampered with or forged. The agency 
initially ignored the report. Then we started putting pressure 
on the agency--well before your time--urging the agency to 
address this vulnerability. And the agency began a pilot of the 
necessary software.
    Unfortunately, that software license lapsed after the pilot 
ended, and now there is no fix on the border. Will you commit 
this morning to working with us to address the GAO findings and 
provide Customs and Border Patrol agents with the necessary 
tools to spot high-tech forged passports that are being used by 
spies and criminals?
    Mr. Magnus. Mr. Chairman, thank you for that question. And 
isn't it a source of frustration in so many of our 
organizations? I know I have dealt with this over and over 
again where good pilot programs just sort of seem to somehow 
never be put into full force, or appropriately implemented. 
What you describe is a system that makes imminent sense. It is 
absolutely something that I would pledge to complete, because I 
think we need this as part of our national security----
    The Chairman. My time is up. Let's you and I talk about a 
specific timetable for it, because I think this is a tool that 
increasingly will be used by people like spies, criminals, and 
people who threaten our country. We have to get it online.
    Senator Crapo?
    Senator Crapo. Thank you very much, Mr. Chairman.
    And, Mr. Magnus, Senator Wyden's question on the supply 
chain and ports was actually my first question too, so I 
appreciate his raising it and your answer to it.
    I am going to move on to some immigration enforcement 
issues. One of President Biden's first actions upon taking 
office was to inexplicably announce a 100-day moratorium on 
deportations, including on individuals subject to a final order 
of removal. A Federal court quickly issued a preliminary 
injunction, finding that this was acting inconsistently within 
our immigration law. Although the Biden administration 
subsequently agreed to let the moratorium lapse, the precedent 
is deeply troubling.
    If the President does not like the law, he needs to work 
with Congress. And my question to you is, will you commit to 
enforce our immigration laws at the border, including using all 
of the resources available to CBP?
    Mr. Magnus. Ranking Member Crapo, thank you for that 
question. And I agree, we have some significant challenges at 
the border. The numbers are very high, and it is something that 
has to be addressed. Clearly we have a broken system. So, yes, 
Senator, I will commit to enforcing the law.
    Senator Crapo. Thank you very much.
    And again, at the border the CBP does not routinely test 
migrants for COVID prior to their release into the United 
States. Officials in the city of McAllen, TX have said that 
more than 7,000 out of the nearly 88,000 migrants released by 
CBP into the city since February have tested positive for 
COVID-19.
    Do you think we should test migrants for COVID-19 before 
releasing them into the cities?
    Mr. Magnus. Senator, yes, I absolutely do. And in fact, I 
appreciate where you are coming from with this question, 
because as Chief in Tucson, we have also experienced similar 
challenges. And it puts a great deal of pressure, not only on 
our NGOs, but on the really dedicated men and women of the 
Border Patrol, and for that matter ICE, who have to interact 
with these folks.
    So, it is a humanitarian matter, but it is also a public 
health matter, and I would totally commit to that.
    Senator Crapo. Thank you.
    Next, just 2 weeks ago CBP deployed what's called 
``Simplified Arrival'' at the pedestrian border crossings in 
Sweetgrass, MT and Eastport, ID. Simplified Arrival allows 
biometric facial technology to replace document checks that are 
normally used for admission into the United States.
    It is good that we are seeing more of this technology for 
arrivals of our visitors, but what about when our visitors 
exit? A major source of illegal immigration is visa overstays. 
Should we deploy biometric tools for when visitors exit the 
United States? And if so, do you see this as a priority issue?
    Mr. Magnus. Senator, thank you for that question.
    The issue of biometrics really holds a great deal of 
potential throughout law enforcement. It is something that has 
to be put into place with caution, understandably, because 
there are always concerns about how this data is stored, for 
how long, the manner in which it is used. But if confirmed, 
this is something that I want to pursue further and look into 
more carefully. And I would like to work with you on it, and 
others who are interested in this issue.
    Senator Crapo [presiding]. Well, thank you very much. As I 
indicated, Senator Wyden covered my supply chain issues, so I 
will stop there. And we will go to the next Senator, which is 
Senator Stabenow, who I believe is with us virtually on the 
web.
    Senator Stabenow?
    Senator Stabenow. Well, good morning. Good morning, Senator 
Crapo, and thank you to you and Chairman Wyden for this really 
important hearing. And welcome, Chief Magnus. It is good to see 
you again. And I appreciated our chance to talk, not only about 
the job for which you are before us, but also about growing up 
in Michigan.
    So I appreciate the fact that Lansing, where I live, was 
your birthplace. So, welcome. It is nice to see you. You have a 
very challenging job ahead of you, obviously, with so many ways 
in which you impact our economy, our people, our safety. It is 
a very, very important position and, if confirmed, you will 
certainly have a lot on your plate. You will be responsible for 
the smooth facilitation of international trade and the 
enforcement of our trade laws to ensure that our workers and 
businesses compete on a level playing field. You will also be 
involved, of course, in efforts with the administration to 
repair our broken immigration system and create more fair and 
humane treatment of asylum seekers and immigrants.
    I want to first start with something very specific to 
Michigan. As you know, we have the largest northern border 
crossing: from Detroit into Canada. We have actually two at the 
top: the Ambassador Bridge in Detroit, and the Bluewater Bridge 
in Port Huron. And as you know, construction is underway for a 
second international crossing in Detroit, the Gordie Howe 
International Bridge, which is expected to be done in 2024.
    The Bluewater Bridge in Port Huron is in the middle of a 
project to expand their Customs plaza, which frankly has taken 
way too long. There have been too many stops and starts on this 
project. It has been extremely frustrating for the community. 
And it is essential for the community that this project is 
completed as quickly as possible. And CBP's support will be 
absolutely critical to get that done.
    So, if confirmed, will you commit to working with our local 
communities in Detroit and Port Huron, working with my office, 
to ensure that these projects continue to move forward?
    Mr. Magnus. Senator, thank you for the question. And, as we 
discussed, I think you appreciate my concern for these ports of 
entry, and the very important role that CBP plays in managing 
them. I know that these ports of entry are vital to our 
American workers, to our American businesses. So, if confirmed, 
I would absolutely want to visit the Bluewater Bridge port, but 
there will be a number of other ports that I would want to 
visit as well.
    Senator Stabenow. Thank you. Well, we would welcome you.
    Let me take my remaining time and put on my agriculture/
nutrition/enforcement hat as chair of the Ag Committee, because 
CBP plays a critical role in protecting farmers and consumers 
and the environment from invasive pests and diseases, working 
closely with the Department of Agriculture's Animal and Plant 
Health Inspection Service.
    And I know in Michigan alone, agriculture is our second 
largest industry, and producers are facing increased threats 
every day, from cherry growers grappling with damage caused by 
the spotted wing drosophila to producers threatened by African 
swine fever, which was found in the atmosphere for the first 
time in decades, to the emerald ash borer that has devastated 
our forests.
    If confirmed, will you commit to be a strong partner with 
the USDA to help protect our producers? And on a related point, 
let me just say that Senators Peters, Cornyn, Roberts, and I 
have worked to secure passage of a bill that was signed into 
law early last year to address an ongoing shortage of 
inspectors, agriculture inspectors, and canine units. I am 
wondering what your strategy would be to ensure we have enough 
agriculture specialists monitoring these challenges?
    Mr. Magnus. Senator, thank you for the question. And I am 
grateful I did not have to pronounce that term that you were 
referring to. Yes, I appreciate the importance of the USDA 
inspectors and the critical role that they play in working with 
other CBP personnel.
    So, ensuring that there is sufficient staffing of those 
personnel, and really that their role is appreciated--I do not 
think it is fully understood by as many people as it needs to 
be, so this is something I would want to work with you and 
others on.
    Senator Stabenow. Thank you very much.
    Thank you, Mr. Chairman.
    Senator Crapo. Thank you.
    And now we will go to Senator Grassley.
    Senator Grassley. My questions are relevant to someone who 
has been nominated for a senior leadership position within an 
agency tasked with securing our border and enforcing our 
immigration laws.
    Do you believe that illegally crossing the border between 
ports of entry should remain a crime under Federal law?
    Mr. Magnus. Senator, I do.
    Senator Grassley. Do you agree that sanctuary 
jurisdictions, meaning localities that refuse to comply with 
ICE detainer requests, are an impediment to enforcing Federal 
immigration law?
    Mr. Magnus. Senator, I think it is very important that 
local communities do work with Federal agencies that include 
ICE and the Border Patrol, and I appreciate your question. I 
think there have been some legitimate issues raised about the 
risk that communities may be in when they are enforcing 
detainers as opposed to making arrests.
    We have been advised in several of the communities I worked 
in--by our legal advisors and city attorneys--that we should 
have an arrest warrant to be holding individuals for ICE.
    Senator Grassley. What are your views on the notice to 
report process that has been implemented by CBP in recent 
months?
    Mr. Magnus. Senator, I appreciate the question. And 
obviously the better practice would be to have individuals be 
noticed to appear, as opposed to notice to report. I understand 
that because we have not had enough asylum officers, or 
immigration judges--and that is not just recently; that has 
been really over the past 4 years. And also, because we have 
some very long waits for people to come before a proceeding, we 
have a real challenge on our hands. And so, I think this is 
something that Congress is going to play a very important role 
in helping to fix, but I think definitely what we have now is a 
broken system.
    Senator Grassley. On a legal point on the same matter, what 
in your view is the statutory basis for the notice to report 
process?
    Mr. Magnus. Senator, thank you for the question. And that 
is something I am not knowledgeable about at this time, but 
that I would want to learn more about. I can tell you this, 
however: if confirmed, I believe my primary role has to be to 
enforce the law, and I would make that commitment to you.
    Senator Grassley. Since you felt you were not able to 
answer that question because of not maybe knowing the basis of 
it, would you respond to that question in writing, then, about 
the statutory basis for notice to report?
    Mr. Magnus. Senator, I would be happy to do that.
    Senator Grassley. Do you believe that it is necessary to 
maintain the title 42 public health expulsion order at the 
border, particularly since about 15 percent of the people 
crossing the border are positive?
    Mr. Magnus. Senator, as I think I indicated in my opening 
statement, as a paramedic for 10 years, public health has 
always been one of my top concerns. And because of that, I 
think it is absolutely imperative that we do everything 
possible to stop the spread of COVID. And title 42 is a CBP 
authority, and it helps--I think it helps with this. CBP 
certainly has a responsibility with implementing this policy.
    But here is the bottom line, Senator. I will always comply 
with the law, even as it changes perhaps regarding title 42, no 
matter what it is that the courts decide.
    Senator Grassley. What are your views on the scope of the 
humanitarian exceptions to title 42 expulsion orders and the 
extent to which they should be utilized?
    Mr. Magnus. Senator, I appreciate the question, but again, 
this is an area that I think, coming in from the outside, I 
would need to learn more about. I am not aware of as much 
information as I would like to have in order to answer that 
question at this stage.
    Senator Grassley. My last question will have to be this. At 
the time you--in regard to the Portland, OR attack on the 
Federal courthouse, you issued a tweet in The New York Times 
that said, quote, ``This activity--I won't even dignify it by 
calling it policing--is an affront to constitutional 
professional law enforcement,'' end of quote. You then 
questioned the officers not having visible patches or name 
tags, using unmarked vehicles. Was it wrong for the Federal 
Government to send its officers to protect the Portland Federal 
courthouse in July 2020?
    Mr. Magnus. Senator, thank you for the question. And I 
think this really comes down to an issue of, was the Governor 
of the State of Oregon, and was the Mayor of Portland involved 
in this decision?
    I think that is very important, especially given the fact 
that any Federal law enforcement would need to--in order to be 
effective, really, and to be seen as legitimate--would need to 
work with State and local law enforcement.
    I do, as a Police Chief of over 21 years, have significant 
problems with the idea that police officers would be out there 
in any sort of patrol or other contact with the public without 
having visible patches or badges. I think that is a serious 
problem, and it is one that I could not endorse.
    Senator Grassley. Thank you very much.
    The Chairman. The time of my colleague has expired.
    Senator Menendez?
    Senator Menendez. Thank you, Mr. Chairman.
    Mr. Magnus, I was deeply concerned by the inhumane 
treatment of Haitian migrants at the border, and the 
substandard conditions of the Del Rio encampment. If confirmed, 
will you commit to providing members of Congress with regular 
updates on the status and well-being of migrants encountered at 
the border?
    Mr. Magnus. Senator, thank you for the question. And like 
you, I found those images troubling. But I also believe, and I 
certainly learned this over my career in policing, that a full 
and thorough investigation is necessary before any final 
conclusions are drawn.
    That said, I would totally support keeping this committee, 
any member of the Senate, abreast of the progress associated 
with the investigation.
    Senator Menendez. DHS officials reported that multiple 
agency failures, including a failure to share important 
intelligence, left the U.S. immigration officials unprepared to 
adequately respond to the large influx of Haitian migrants that 
arrived in Del Rio in September. If confirmed, what will you do 
in your role as Commissioner to address these operational 
missteps?
    Mr. Magnus. Senator, thanks for that question. I think--I 
think we can always do better. And I think part of doing better 
means that we take a thorough and really thoughtful look back 
at how a situation was handled and what we can learn from it. 
What we want to do is, perhaps being more prepared, working 
with other Federal agencies, working with State and local 
agencies, including our NGOs, looking at how we anticipate 
surges coming across the border. These are all things that I 
think we can plan for better going forward, and are things that 
I would commit to doing to the best of my ability.
    Senator Menendez. Well, one of the things I hope you will 
do upon your confirmation is work to make sure we have a 
seamless, you know, horizon of intelligence so that we at least 
know what we are facing and can prepare for it.
    And in that regard, DHS officials are reportedly tracking 
several additional groups of Haitian migrants, including more 
than 20,000 migrants currently residing in Colombia, who may 
also make their journey to our southwest border.
    If confirmed, what measures would you take to ensure that 
the agency is prepared to handle any future influxes of 
migrants at the border?
    Mr. Magnus. Senator, thank you for the question. And I 
think the issue of preparation is critical. One of the things 
that I would look forward to doing is building the strongest 
possible relations with my Mexican counterparts and colleagues 
so that we could have an ongoing line of communication, 
allowing Mexico to help play a role in addressing some of those 
issues along with us, to be able to share intelligence as it 
becomes available--and to again be working at the State and 
local level, whether it is preparing, being more nimble for 
example with soft-sided structures, having adequate personnel 
available.
    I am encouraged that the Border Patrol is bringing onboard 
border protection coordinators. And I think they have brought 
on about 400 at this point, which would make processing of 
individuals something much more efficient than what we have 
now.
    So, there are a lot of steps when it comes to preparation. 
If confirmed, there is plenty to learn. I would want to dig in 
by talking to not only the section chiefs and others in top 
leadership positions, but also those at the line level, the 
rank and file.
    Senator Menendez. I appreciate that. One of our 
challenges--this is probably above your pay grade. If we want 
to stop the flow of undocumented migrants, we have to deal with 
root causes, whether that be in Central America or certain 
instability in Haiti. And unless we do that, we are bound to 
face continued challenges.
    And in the previous administration, the Department made a 
number of agreements with the Government of Mexico and 
governments throughout Central America. Would you commit to 
keeping this committee, as well as the committee that I chair, 
the Senate Foreign Relations Committee, informed about 
bilateral agreements or MOUs related to migration cooperations?
    Mr. Magnus. Yes, Senator, I would.
    Senator Menendez. And finally, one of the jobs you will 
have as CBP Commissioner would be to safeguard Americans from 
the importation of counterfeit products. If confirmed, will you 
commit to taking concrete steps to strengthen our anti-
counterfeit measures? We faced this in New Jersey in several 
different instances. The bridal industry is one, where these 
dresses are made, and people, on the most significant day in 
their life maybe, buy something that they think is going to be 
exactly what they saw in their bridal store in New Jersey, and 
they get it from China and they find themselves ultimately with 
a quality that suggested something different, and it is far 
different than what they got, and it is too late. And they 
appear to be the same exact dress as that which would be 
purchased domestically.
    So, there is a lot of counterfeiting going on in that 
regard, and I would hope you would make a commitment to 
strengthening our counterfeit measures.
    Mr. Magnus. Senator, thank you for that question. The whole 
area of e-commerce is something that I am particularly 
interested in. You are right to remind us that these are 
dangerous items in many cases, ranging from pharmaceuticals all 
the way through to flammable mattresses.
    So, commerce is an area that I am very excited to delve 
into further. Obviously, it also involves the theft of 
intellectual property. We are certainly talking about a lot 
more than just counterfeit luxury items. These are things that 
are really potentially dangerous and are ripoffs to the 
American public.
    Senator Menendez. Thank you, Mr. Chairman.
    The Chairman. The time of my colleague has expired. He is 
making an important point. I am the author, with Senator 
McCain, of the original Internet tax legislation, and I look 
forward very much to working with my friend and colleague, 
Senator Menendez.
    Senator Cornyn?
    Senator Cornyn. Welcome, Chief. I enjoyed our conversation 
that has now been, I guess a few months ago, when you were 
first nominated. Have you had a chance to review the guidelines 
for enforcement of civil immigration law that were issued by 
Secretary Mayorkas on September the 30th?
    Mr. Magnus. Senator, thank you for the question. And at 
this point, I am still familiarizing myself with some of that 
information but want to become very familiar with it, if I am 
able to move forward.
    Senator Cornyn. Were you aware that, as a result of these 
guidelines, the Department of Homeland Security will no longer 
detain and deport someone who has entered the country illegally 
if that is their only offense? Were you aware of that?
    Mr. Magnus. I have heard some information along those 
lines, Senator.
    Senator Cornyn. I think Director Mayorkas made that 
statement on television one or more times. Are you familiar 
with any other area of law enforcement, given your extensive 
law enforcement career, where the enforcer of the law decides 
which laws they will enforce?
    Mr. Magnus. Well, Senator, actually there is quite a bit of 
discretion in policing. And there are decisions made frequently 
based on resources available about which laws will be enforced, 
and how they will be enforced. That has especially been the 
case during COVID when the ability to even put people into jail 
safely has been----
    Senator Cornyn. So a police officer, or an ICE agent, can 
decide which laws to enforce? It's a matter of their 
discretion?
    Mr. Magnus. There are--Senator, there certainly are 
circumstances where police officers are trained, and in fact 
encouraged, to use their good discretion in the manner in which 
they enforce laws. There is a----
    Senator Cornyn. Are you familiar with the concept of push-
and-pull factors when it comes to illegal immigration; for 
example, the push factors of poverty, violence, just people 
wanting to come to the United States for a better life, but 
also the pull factors, which include a perception that there 
will be no consequences associated with illegal immigration?
    Do you agree with me that the decision by Secretary 
Mayorkas to no longer detain or deport people who enter the 
country illegally is a pull factor which encourages more people 
to make that long, dangerous trip?
    Mr. Magnus. Senator, as I think we have discussed, I think 
there are both strong push and pull factors out there.
    Senator Cornyn. I am just asking about the pull factors 
now. Would you agree with me that a policy of nonenforcement is 
a pull factor which is encouraging more illegal immigration?
    Mr. Magnus. Senator, thank you for the question. I think 
that there are many factors that contribute to this.
    Senator Cornyn. Is that one of them?
    Mr. Magnus. It is certainly one part of it, yes, sir.
    Senator Cornyn. Okay. Thank you. And are you familiar--you 
are a border State police officer and Chief, and I know you 
know a lot about the border, although I will tell you, in my 
experience with Senator Sinema flying to Tucson, it is a much 
different situation in the Rio Grande Valley, for example. But 
one of the things that I think we share in common is the fact 
that the cartels have figured out how to overwhelm our border 
security, including our Border Patrol. And, as a result of the 
fact that unaccompanied children and families and others 
require additional processing and care, when the Border Patrol 
leaves the front lines--in some sectors in Texas, for example, 
as many as 40 percent of the Border Patrol have left the front 
lines of border security and are back processing unaccompanied 
children--that leaves a four-lane highway for the drug cartels 
to smuggle drugs into the United States.
    Mr. Magnus. Senator, I agree with the border not being 
homogenous. I think there is no question, in some areas more 
than others--such as the Rio Grande Valley, like you 
described--we absolutely do need more Border Patrol agents out 
on the line doing what they were trained to do. And again, this 
is one of the reasons why I am encouraged about having border 
processing coordinators come on board who can relieve some of 
those agents so they can get back to what should be their 
primary duties.
    Senator Cornyn. It is sort of like the cartels are playing 
three-dimensional chess while we are playing checkers, because 
this is part of their business model. And of course, last year 
alone more than 90,000 Americans died of drug overdoses. Most 
of those drugs came across the southern border, as you know.
    Thank you, Mr. Chairman.
    The Chairman. I thank my colleague.
    Next is Senator Thune.
    Senator Thune. Thank you, Mr. Chairman. And, Mr. Magnus, 
welcome.
    Let me just start by asking a question dealing with 
sanctuary cities. You served 10 years in the California bay 
area next to San Francisco, which is a well-known sanctuary 
city that flouts U.S. immigration law and refuses to cooperate 
with Federal immigration enforcement agents. If confirmed, you 
will be overseeing enforcement of immigration law at our 
borders. Do you support sanctuary cities? And what message do 
sanctuary cities send to those seeking to enter the United 
States illegally?
    Mr. Magnus. Senator, thank you for the question. As a Chief 
for 2 decades, my first and foremost priority has always been 
public safety. And so, I appreciate how decisions around 
sanctuary cities are ultimately political decisions. But as a 
Police Chief, and certainly in this position, were I confirmed, 
my first and primary obligation is to follow the law. That is 
what I have done always in the past, and that is what I would 
commit to do going forward.
    Senator Thune. Let me follow up on the question that 
Senator Cornyn raised--and this is similar, I think, in some 
respects to sanctuary cities, but the Biden administration is 
circumventing immigration law in issuing these so-called 
notices to report. These documents show that there are tens of 
thousands of migrants who have been admitted into the United 
States with few legal requirements other than to check in with 
Immigration and Customs Enforcement wherever and whenever they 
reach their destination in the States.
    Do you believe that lax enforcement of our immigration laws 
intensifies those pull factors for immigrants, for migrants who 
are seeking entry into the United States?
    Mr. Magnus. Senator, thank you for the question. As we 
discussed, I think that the issue of notice to appear is 
something that we want to achieve in any manner we can, 
certainly by different agencies working together, by having 
more asylum officers and immigration judges.
    This is not a new challenge in many ways. It has been true 
in multiple administrations, and it is going to take, for the 
most part, a congressional fix, because we really do have a 
broken system and, unfortunately, there continue to be very 
long waits for court dates in order to get people appropriately 
processed.
    So, until those things can be resolved, I fear that we are 
going to continue to be in a very difficult situation.
    Senator Thune. The system is broken. There is no question 
about that. And I think everybody would acknowledge that. All 
you have to do is look at the statistics here in the last few 
months. It is stunning. It is a staggering, frankly, just 
disintegration of the border, really for all intents and 
purposes. It is, as it has been described, an open border which 
creates all kinds of bad things. Bad things can happen in this 
country with the wrong types of incentives.
    And this issue of not enforcing immigration laws that 
already exist, to me is a major part of that. I understand your 
suggestion that we need to fix the broken immigration system, 
but we do have laws on the books that are not being enforced. 
And I am simply trying to ask you if you think that the lax 
enforcement of those immigration laws does intensify that pull 
factor. People come here. People respond to incentives. It is 
that simple. And if the incentives suggest that you can come 
here illegally and there is no consequence to that, then I 
think more people are going to come here illegally.
    Would you not agree with that?
    Mr. Magnus. Senator, I agree that enforcing the law is 
necessary and appropriate. The numbers are high. As a law 
enforcement official, I again will pledge to enforcing the law.
    Senator Thune. All right. Just very quickly, because my 
time is about out here, the supply chain issue, as you know, 
has come under unprecedented strain. We have agricultural 
producers across the country, including in my home State of 
South Dakota, who continue to harvest their crops and worry 
that the supply chain constraints could threaten market access 
for their products.
    As Commissioner of the CPB, how would you work with the 
ports and the various stakeholders to improve fluidity and 
resolve this issue? And perhaps you could quickly touch on how 
some of these union rules play into that and are helping to 
contribute to these systemic delays.
    Mr. Magnus. Senator, I could not agree more that the supply 
chain, especially at the time we are in right now, is critical. 
And so addressing the movement of goods through the ports in 
any way possible to expedite that is something that is going to 
be very important.
    Obviously, this is going to require working with the port 
directors. It is going to require close relationships and 
continued work with groups like COAC and other business groups, 
both large and small. I do not think there are simple 
solutions, but if confirmed in this position, CBP is going to 
continue to work very hard around this issue.
    Senator Thune. Thank you, Mr. Chairman.
    The Chairman. Your time has expired.
    Senator Cardin?
    Senator Cardin. Thank you, Mr. Chairman. And, Chief Magnus, 
first of all, thank you for your public service, and thank you 
for your willingness to take on this extremely challenging 
position.
    I have listened to your responses to questions in regards 
to border enforcement. And certainly I agree that we need to 
enforce our laws. I have also heard your response in regards to 
the manner in which we enforce our laws. And there are a lot of 
desperate people who show up at our borders. Many have 
legitimate claims in entering the United States.
    We have families that show up on our borders. We have 
unaccompanied minors who show up on our borders. So I would 
just like to give you a chance to explain how you would balance 
enforcement of our laws with the enforcement of our values, in 
which America has been the leader of the world during a time 
when we have more displaced people than we have had since World 
War II.
    So, could you just explain to me your own personal 
philosophy on how you are going to balance the enforcement of 
our laws with the enforcement of our values?
    Mr. Magnus. Senator, thank you very much for that question 
because, even as we spoke about the numbers being high, there 
is no question that we have to meet the challenge of asylum 
obligations as a Nation, and also the security of our borders.
    And I think that can be done in a manner that is, yes, 
absolutely more efficient. We can do a better job with how our 
individuals are processed. But key to this is that it is done 
in a humane way. I do not believe that we have to sacrifice 
efficiency for humanity. And so, I think humanity has to be 
part of the discussion, again, early and often throughout the 
careers of CBP members.
    This is something we talk a lot about in policing. We do 
our jobs enforcing the law, but how we engage with the public, 
even the public that we may be arresting, is what defines us as 
professionals. And this is something that we have a moral 
obligation to do.
    Senator Cardin. Thank you for that response. I also heard 
you respond to the need for training, which I strongly agree 
with. A lot of times those funds become difficult, and in part 
it is our responsibility to make sure you have adequate 
resources.
    But I want to just deal with one of the major challenges 
that we have had in policing in recent decades, and that is, 
discriminatory profiling. It really turns communities against 
law enforcement when we use discriminatory profiling. It is 
inefficient. It is wrong. If you have specific information, 
obviously the identifiers are important, but to characterize 
individuals by race or religion, or other discriminatory 
issues, is just wrong.
    I would like, again, to get your view as to how you would 
proceed with training to make sure that the agency that you 
lead does not use discriminatory profiling as a method of 
enforcement?
    Mr. Magnus. Senator, thank you for the question. And I 
could not agree more. Profiling is wrong. This is an area 
where, yes, training is critical. It has to involve more than 
just a policy on a page. It has to involve scenario-based 
training. It has to involve discussions. And then people have 
to see, as they work their way through their careers, that this 
is something that is modeled appropriately by their supervisors 
and others.
    So I think there are ways to train more effectively that 
involve including the community in training, making some of 
these things real, bringing in people who have been profiled 
and having them share their experiences. These are things that 
we have done in the departments that I have worked for, and I 
think we can address this issue.
    Senator Cardin. And lastly, let me just reinforce the 
comments of the chair and others in regards to border 
enforcement of our trade laws. Whether it is the antidumping 
and countervailing duties, whether it is child labor issues, 
whether it is intellectual property violations, we need to have 
a working relationship with the agency as to how we strategize 
in enforcing our trade laws through border enforcement. And I 
just really want to underscore the importance of us working 
together on that to develop a strategy, and I would welcome 
your recommendations to our committee as to what tools you need 
to better enforce our trade laws.
    Thank you, Mr. Chairman.
    The Chairman. Senator Carper, I believe, is online.
    Senator Carper. Thanks, Mr. Chairman. Chief Magnus, good 
morning. Thanks for joining us. Thanks for a lifetime of 
service, and thank you for your willingness to serve in this 
important role. Thank you for your patience in waiting for this 
hearing and to have your nomination debated.
    A lot of my colleagues have been trained as leaders since 
childhood in Boy Scouts, and I have always said that leadership 
is the most important ingredient in the success of any large or 
small business, private-sector or government. It is the most 
important ingredient of all for the success of that 
organization.
    I think, if I am not mistaken, CBP has lacked a leader, at 
least a Senate-confirmed leader, since April 2019. That is 
almost 2\1/2\ years. And that said, as you know, CBP is our 
Nation's largest law enforcement agency, with over 60,000 
employees, if I am not mistaken. Should you be confirmed, you 
will be managing those 60,000 men and women, and your 
leadership will be central not only to those in the CBP 
workforce, but the success of CBP--and frankly, to the 
Department as a whole.
    And to that end, could you just take a moment to lead us 
off with sharing how your experience in policing roles has 
shaped your leadership style and prepared you to take on this 
role? Go ahead, Chief.
    Mr. Magnus. Senator, thank you for the question. I have 
been very fortunate to work in several different police 
agencies of different sizes in different communities. And one 
of the things that has been most valuable about that is being 
able to come in and look at things with a fresh set of eyes, 
being able to ask the question ``why?'' Being able to seek out 
the right people to gain information from. Talking to officers 
at the ground level. Building new partnerships in each place 
that I have worked.
    These are all things that I would want to bring as a 
priority, if confirmed, to this position. I think that I am a 
pragmatic person. I like to take a common-sense approach to 
things. And I think when you are willing to continually learn, 
no matter how much time you have in the field--I like to think 
of it as intellectual humility. I think it makes for an 
effective leadership style, and I think it helps you to get 
some exciting things done.
    Senator Carper. Thank you for that response.
    The second question I am going to ask you deals with 
immigration reform, something we have talked about but not done 
enough about. We have talked about it a whole lot here in 
recent years. But for years I have worked with colleagues on 
both sides of the aisle in order to try to achieve 
comprehensive immigration reform.
    Unfortunately, we still face a number of issues in our 
immigration system that need to be addressed, as you know. Men 
and women of CBP are on the front line each day, confronting 
the challenges created by an immigration system in need of 
reform. And to that end, what issues do you predict CBP will 
face, given the need to drastically reform our Nation's 
immigration policies and procedures? How will you work with 
your counterparts to make sure that these challenges are heard 
and addressed at all levels of the agency?
    Mr. Magnus. Senator, thank you for the question. I think it 
has been particularly difficult to be a CBP agent, and 
certainly a Border Patrol agent, in the recent past. I think as 
laws and policies change, it is necessary to continue to 
reinforce the idea that professionals, as in policing, enforce 
the law.
    And so, to the degree that I can help depoliticize this 
process and build in resiliency as a key for helping our men 
and women, our hardworking men and women of the Border Patrol, 
be as effective as possible in their jobs, these are things 
that I would like to tackle.
    I think immigration reform is----
    Senator Carper. Chief, I am going to ask you to hold it 
right there, and we will allow you to answer that for the 
record.
    A really quick question: the Secretary's September 30th 
border enforcement priorities include the recent border 
crossers, do they not?
    Mr. Magnus. I'm sorry? Could you repeat the question?
    Senator Carper. The Secretary's September 30th border 
enforcement priorities include, if I am not mistaken, recent 
border crossers, do they not?
    Can you speak to the folks no longer subject to 
deportation, please?
    Mr. Magnus. I am sorry, Senator. It is a little difficult 
to quite make out what you are----
    Senator Carper. The Secretary's September 30th border 
enforcement priorities include recent border crossers, do they 
not? That can be a ``yes'' or ``no.'' And if you do not know, 
just say ``I don't know.''
    Mr. Magnus. No, I am not sure. And because I am having a 
little trouble understanding the question, I would like to be 
able to respond back to you.
    Senator Carper. You are more than welcome to do that. Let 
me just close by saying we are delighted to see you sitting 
before us for this hearing, and we look forward to being able 
to debate your credentials. I think they are excellent, and we 
will have an opportunity to vote here on the floor soon. Thank 
you so much.
    The Chairman. Thank you, Senator Carper.
    Senator Lankford is next.
    Senator Lankford. Mr. Chairman, thank you.
    Chief Magnus, thank you for stopping by the office and 
giving me a chance to be able to visit yesterday and be able to 
talk through some things. Let me set a context here, because I 
want to ask a larger question.
    Because really the big issue is, what are you going to do? 
What is the plan? Right now what we are facing this year is the 
highest number of illegal crossing interdictions ever in the 
history of our country--this year. Now that is after October, 
November, December, January were low numbers, but mysteriously 
starting in February all the way to the present, the numbers 
have skyrocketed. We have triple the number of people each 
month who are crossing the border illegally now than what we 
had in October, November, December, and January.
    We had the highest amount of methamphetamines crossing our 
border in the history of our country. We had the highest number 
of fentanyl crossing our border in the history of our country. 
We have, as you described yesterday, what the public hates, 
chaos, on our southern border right now.
    You have described yourself as not an open-borders guy, 
which I appreciate. The big question that we've got to resolve 
here is, stepping into this role, you are walking into a 
chaotic situation where we have the highest number of illegal 
crossings in the history of our country. What is your plan?
    Mr. Magnus. Senator, thank you for the question. And of 
course, if there was a ready-to-go plan to address all the 
problems that you just described, my guess is that not only CBP 
but you all as a body would have seen to it that it was 
implemented.
    I think that key to answering your question is going to be 
the importance of collaboration, building relationships. I 
think it is going to be important that the individuals who are 
making the policy decisions, who obviously include the 
Secretary, the President, and others, that they get accurate 
feedback from me based on what I am seeing in terms of talking 
to the men and women at the border, in terms of talking to 
people in border communities.
    I think getting that accurate information--and as I pledged 
to you yesterday, my commitment is to be an honest broker 
around how this works--is going to be very important in terms 
of formulating a plan. That is something I want to be part of, 
those discussions.
    Senator Lankford. So let me drill down a little bit more on 
this. That is, how do you evaluate whether it is successful in 
reducing the chaos? Is that we move people across the border 
faster? Because when Secretary Mayorkas was in front of the 
Homeland Security Committee, his statement was, we're getting 
much better at the border. We are moving people into the 
country faster. They are not having to stay as long at the 
border in these camps. We are getting them across the border 
faster.
    So my basic question from a law enforcement perspective 
is--you are the chief law enforcement officer in this role, 
leading a lot of law enforcement folks. Is your goal to 
facilitate faster transition from people crossing the border 
into our country? Or is it to prevent people that are illegally 
crossing our country from coming into our country?
    Mr. Magnus. Senator, thank you for the question. And 
actually, I think it has to be some of both. We are always 
going to have some degree of people crossing the border. This 
has been the case now for years. We have had surges. And so 
we----
    Senator Lankford. We have never had a surge like this.
    Mr. Magnus. Senator, I understand----
    Senator Lankford. This is the highest number ever in the 
history of our country.
    Mr. Magnus. Senator, I understand your concerns, and I do 
not disagree with you that the numbers are very high. But the 
bottom line still remains that, you know, first and foremost we 
need to enforce the law. And secondly, we need to have a 
process that is humane and efficient so we can deal with those 
who are coming across the border, whether it be to seek asylum, 
or for other purposes.
    So I think, again, to some degree we have to have both.
    Senator Lankford. So what I am trying to drill down on is a 
plan. I understand there is both, but the role of the law 
enforcement officer is to enforce the law. We do it humanely. 
We do it better than anyone else in the world.
    So for us, we focus on humane treatment of individuals, 
whether they commit a crime or do not commit a crime. But we 
also are working the deterrent method. Right now, it does not 
feel like we are deterring activity. It looks like we are 
encouraging it. And I will tell you, from the cartel 
perspective, clearly they are making a tremendous amount of 
money incentivizing people to be able to come, and we continue 
to see record numbers, month after month after month.
    So the border has large gaps in the fencing just south of 
your house there in Arizona where, literally, the 
administration stopped on January the 20th and left huge gaps 
in the fence there.
    The asylum policy is being treated differently. The Federal 
courts have now stepped into DHS and said they need to put back 
in the Migrant Protection Protocols again. The administration 
has yet to be able to do that.
    There has not been a clear way to articulate what is going 
to happen to asylum, and there seems to be no answer in title 
42. All of those things together have left a border that is 
very porous, and all I am trying to figure out is what is the 
plan, both with the fencing, how we are going to handle asylum, 
what is the alternative to title 42? What are we going to do 
for individuals who are crossing the border as single 
individuals, families? It is a multifaceted problem, but there 
does not seem to be a working solution, even when the Federal 
courts have stepped in and said you have to put in the Migrant 
Protection Protocols and the administration has yet to do it.
    The Chairman. The time of the gentleman has expired.
    Senator Hassan?
    Senator Hassan. Well, thank you, Chair Wyden and Ranking 
Member Crapo, for this hearing. And thank you, Chief Magnus, 
for 42 years of service in public safety, and for your 
willingness to serve in this critical role as Commissioner of 
U.S. Customs and Border Protection. And thank you as well to 
your family, because this kind of service is a family effort. 
So, I appreciate their sacrifice too.
    I want to start with a question on border and immigration 
enforcement. On September 30, 2021, Homeland Security Secretary 
Mayorkas issued a memo containing guidelines for border and 
immigration enforcement. The Secretary's memo provides guidance 
not only to U.S. Customs and Border Protection, CBP, the agency 
you have been nominated to lead, but also to Immigration and 
Customs Enforcement, and U.S. Citizenship and Immigration 
Services.
    In his memo, the Secretary stated that threats to national 
security, public safety, and border security would be 
priorities for border and immigration enforcement.
    Chief, we talked a little bit about this during our one-on-
one meeting. Do you agree that individuals charged with serious 
crimes, not just prior convictions, can pose a threat to public 
safety? And do you agree it is important that DHS personnel 
have the discretion to detain individuals who are a threat to 
security or public safety?
    Mr. Magnus. Senator, thank you for the question. And there 
is no question that when we are looking at this from a public 
safety standpoint, the answer has to be ``yes.''
    Senator Hassan. Thank you.
    Now, on to an issue of counter-narcotics, a part of the 
very important CBP mission. As we discussed during our private 
meeting, the substance abuse epidemic is ravaging my State of 
New Hampshire. It is ravaging your State of Arizona, and 
communities all across the country. U.S. Customs and Border 
Protection has an important role in disrupting international 
drug smuggling operations and interdicting the flow of drugs 
and money across the U.S. border. Transnational criminal 
organizations are adapting and exploiting predictable 
procedures at U.S. borders. They use rail transportation, 
pedestrians, unmanned aerial vehicles, and even submersible 
vessels to smuggle drugs into the United States.
    Chief Magnus, as a Police Chief of a border community, how 
have you prioritized and fought such organizations undermining 
your community? And if confirmed to lead CBP, what would you do 
to fight international drug trafficking?
    Mr. Magnus. Senator, thank you very much for that question. 
You are touching on an issue here that is really near and dear 
to my heart, because so many members of our community in 
Tucson, not to mention across the State and country, have died 
as a result of opioid overdoses.
    I think that this battle has to be fought on multiple 
fronts. I will tell you, in Tucson we have a collaborative 
effort called the Counter-Narcotics Alliance that involves not 
only State and local partners, but our Federal partners as 
well. And I think this type of collaboration is essential. But 
I think we also have to use every available means at our ports 
of entry, where we know the great majority of these drugs are 
coming across, to use technology and other resources more 
effectively to address these drugs.
    And then there is the area--and I think it was touched on 
previously--related to e-commerce, where we know that there are 
many opioids and precursors and such that are coming through in 
these small packages--and many times through the postal 
service, because of relationships that are complicated 
involving China.
    And so this is an area I know where Senator Portman and 
others have put a good deal of work into the STOP Act, and CBP 
plays an important role in enforcing that act. So, as I said, 
there are a whole series of ways in which we can, I think, 
always do more to address this scourge.
    Senator Hassan. Well, thank you. And I was going to ask you 
about the importance of new technologies on the border, and you 
have touched on that. And I just will ask you, please, if you 
are confirmed, to please let Congress know if there are 
additional resources or technology that CBP needs to strengthen 
border security, because I think that is going to be critically 
important, especially in the counter-narcotics mission.
    Mr. Magnus. Thank you, Senator. I will do that.
    Senator Hassan. Okay; thank you.
    One last topic. CBP has two important missions: securing 
the U.S. border from dangerous people and goods, and 
facilitating the legitimate flow of commerce and travel. I was 
pleased that the administration finally heard my calls and 
those of others to end the travel restrictions at the Canadian 
border, which is going to help New Hampshire's economy rebound. 
The reopening of the Canadian border to vaccinated individuals 
is an important and long-overdue step.
    Your background in law enforcement, including your time in 
a border community, makes you well-suited for the security 
mission of CBP, but how familiar are you with CBP's important 
trade mission? And how will you prioritize and manage that 
mission?
    Mr. Magnus. Senator, thank you for the question. And you 
are correct. Not only my time growing up in Michigan, but also 
in the 6\1/2\ years I spent in North Dakota, where cross-border 
traffic to Canada is also essential for a whole host of 
reasons, causes me to believe that this is going to continue to 
be very important, even perhaps as the laws and rules change 
regarding title 42.
    So, whether it is appropriate staffing to address these 
issues, other factors that need to be considered, I am very 
committed to this cross-border traffic and trade.
    Senator Hassan. Thank you. And thank you, Mr. Chair.
    The Chairman. Thank you, Senator Hassan. We are going to be 
following up with you on those issues. They are incredibly 
important.
    Senator Daines is next.
    Senator Daines. Mr. Chairman, thank you.
    Chief Magnus, if you are confirmed to this position, you 
will be at the helm of the largest law enforcement agency in 
the United States. I have had the opportunity a couple of times 
to visit the border. I have seen first-hand the heroic efforts 
that our brave men and women----
    The Chairman. We lost you there, Senator Daines. Senator 
Daines?
    [No response.]
    The Chairman. We will move on.
    Senator Young. Mr. Chairman, can you hear me?
    The Chairman. We will bring Senator Daines back as soon as 
we possibly can.
    I believe Senator Young is next.
    Senator Young. Thank you, Mr. Chairman.
    Mr. Magnus, I would like to start off with a ``yes'' or 
``no'' question. Do you believe we have a crisis at the 
southern border, yes, or no?
    Mr. Magnus. Senator, how much does it really matter whether 
we call it a ``major challenge,'' a ``crisis,'' a ``big 
problem''? I think we----
    Senator Young. I think it speaks to a level of urgency and 
seriousness of purpose and understanding of the gravity of the 
situation. I mean, presumably one would answer the call of 
serving in this position because you understand the importance, 
at this moment in history, of being Commissioner of CBP.
    So, do we have a crisis at the border, yes, or no?
    Mr. Magnus. Senator, let me assure you that no one believes 
there is greater urgency to this matter than I do. I have been 
at the southern border----
    Senator Young. So, it is ``urgent.'' I have heard that 
characterization: ``urgent.'' It strikes the common ear as less 
than a crisis. Are you saying there is not a crisis at the 
border?
    Mr. Magnus. Senator, no, I do not think that there--I do 
not speak to urgent as less serious at all. In fact----
    Senator Young. Is there a crisis, or is there not a crisis 
at the border?
    Mr. Magnus. Senator, I would say that my highest priority 
is going to----
    Senator Young. I did not ask you your priority. I asked you 
to characterize the situation at the border. Is there a crisis 
at the border? You have been nominated to serve as Commissioner 
to the Customs and Border Protection agency at a time that I 
regard as a crisis. Are you saying there is not a crisis?
    Mr. Magnus. Senator, what I am certainly trying to convey 
is how serious I take what is happening at the border, and the 
amount of work that I want to put into addressing it.
    Senator Young. Noted. Noted.
    DHS tells us that we have already seen over 1.3 million 
illegal border crossings so far this year. That is about 1.5 
times the population of Indianapolis, IN. I say that is a 
crisis.
    What number of illegal crossings would you consider to be a 
crisis? What if we were to quintuple that number? Would you 
then call it a crisis?
    Mr. Magnus. Senator, I appreciate your question, and I am 
already doing my best to acknowledge that the situation is very 
serious. It would be, regardless of what we call it.
    Senator Young. I will move on.
    Mr. Magnus. It is something important to me.
    Senator Young. So, despite the 1.3 million illegal border 
crossings this year, 100,000 unaccompanied minors, a massive 
uptick in human trafficking and drug trafficking that is taking 
a toll in my State and all across the country, earlier this 
month the Department of Homeland Security announced that it 
will terminate the remaining contracts for the southern border 
wall and the Rio Grande Valley.
    Now I am looking for a series of ``yes'' or ``no'' answers 
from you, sir. Do you believe that canceling such contracts at 
this time is a prudent choice, given the dire situation on our 
southern border, yes, or no?
    Mr. Magnus. Senator, I am not working for CBP right now, so 
I do not even know exactly which contracts you were referring 
to. If you----
    Senator Young. In preparing for this hearing, you did not 
familiarize yourself with that, sir?
    Mr. Magnus. I am sorry, Senator, but I cannot tell you I am 
familiar with each contract that the Border Patrol has for 
infrastructure. What I will tell you, sir, is that I think 
there is a place for infrastructure. And I think that includes, 
in certain sections, completion of barriers, walls, other 
things.
    So this is an area that I want to learn more about.
    Senator Young. Do you think there is a role--would you 
commit to reinstating the contracts once you become 
Commissioner, should you be confirmed?
    Mr. Magnus. Senator, I cannot commit to reinstating a 
contract, a specific contract, that I am not familiar with.
    Senator Young. So you have not familiarized yourself with 
that? Have you familiarized yourself with title 8, U.S. Code 
section 1325, sir?
    Mr. Magnus. I am sorry, Senator, I am not familiar----
    Senator Young. This is the operative Federal law that makes 
it a crime for an individual to enter or attempt to enter the 
United States at any point other than a border inspection point 
or other official point of entry. So this is what would 
basically dictate the laws that you are enforcing, and your 
actions as Commissioner. So, are you familiar with that law, 
sir?
    Mr. Magnus. Sir, my primary responsibility as a Police 
Chief has been to be as familiar as possible with all of the 
laws that we are responsible for enforcing. So I can assure you 
that if I am confirmed for this position, I will do the same. I 
will become as familiar with----
    Senator Young. All right. Sir, you are the nominee to be 
the Commissioner of CBP, and you have not familiarized yourself 
with the operative immigration law. I see that as being a 
concern.
    Thank you.
    The Chairman. The time of the gentleman has expired. We 
will go to Senator Daines next. I am going to just tell 
colleagues, we are going to do our best to wrap up before the 
vote. So, colleagues, just be on notice.
    Senator Daines?
    Senator Daines. Thank you, Mr. Chairman.
    Chief Magnus, if confirmed in this position, you will be at 
the helm of the largest law enforcement agency of the United 
States. I have had the opportunity at a couple of different 
times to visit the border. I have seen firsthand the heroic 
efforts our brave men and women put forth each and every day to 
protect our borders and our country.
    Unfortunately, the Biden administration's disastrous border 
policies have led to a massive surge of illegal immigrants that 
have overwhelmed our Border Patrol officers. It is quite 
enlightening to spend time quietly with these officers and to 
hear firsthand what they see day in and day out.
    In fact, just this calendar year there have been more than 
1.3 million encounters at the southern border due to ending the 
successful policies of the Trump administration such as Remain 
in Mexico, as well as ending Catch and Release.
    The migrant crisis has left portions of the border more 
vulnerable to an influx of illicit drugs that the Mexican 
cartels produce like meth, fentanyl, heroin, and sadly they are 
making their way to Montana and ravaging many of our Montana 
communities.
    The administration's public threats of retaliation against 
Border Patrol officers over this viral horseback whipping, this 
hoax, has undermined the confidence that those in positions of 
leadership will have their backs.
    Chief Magnus, I appreciate your long career in law 
enforcement in places like North Dakota as well as in Arizona, 
but I must say, for this position, I have serious concerns with 
the nomination.
    One thing we know for certain is that the policies enacted 
under President Trump were successful at stemming the flow of 
illegal migrants to our borders. Policies which, I must add, 
were overwhelmingly supported by the men and the women on the 
ground. You were publicly critical of the Trump 
administration's policies, notably the efforts to crack down on 
sanctuary cities.
    Chief Magnus, if you look at the crisis we are seeing now 
at the southern border, would you not agree that the Biden 
administration is failing, and that we should take a step back 
and relook at some of the common-sense measures that were 
working during the previous administration?
    Mr. Magnus. Senator, thank you for the question. And, as I 
indicated before, I am pragmatic and common-sense focused, 
which means I am willing to talk to anybody and everybody 
related to the situation, and to relay as best I can that 
information to policymakers.
    I do appreciate the opportunity to clarify, since my first 
priority as Chief throughout my career has been around public 
safety, that my advocacy that you are referring to in an op-ed 
was never political. It was a recognition that every community 
deserves to receive firm grant funding. This is critical 
funding that helps communities with their crime-fighting 
efforts.
    And regardless of what any elected body might decide to 
deem their city as being, I do not believe that the residents 
of that community should suffer because they lack the resources 
that are necessary for the police to be able to do their jobs.
    So my criticism was simply that any city should be able to 
have these resources so that the local residents do not suffer. 
And I think that would be consistent with just about every 
Police Chief that I know.
    Senator Daines. Well, if there is a place I would agree 
with you in that statement it is to not politicize these very 
important issues facing the security of our Nation.
    One area that has been very politicized, I think, by the 
Biden administration is the efforts to build the wall and 
secure the southern border. And I cannot tell you how many 
Border Patrol agents I have spoken with face to face who said 
that was an effective way to help them secure the southern 
border. So do you believe we should finish building the wall 
that was started?
    Mr. Magnus. Senator, I have also--I appreciate the 
question--I have also had the opportunity to speak to a number 
of Border Patrol agents and folks on the ground about this. And 
the agents that I have spoken to, yes, as you say, there are 
some areas of the border where they think additional barriers 
or a wall could be useful. I am not taking issue with that.
    But they also talk about the need for better technology, 
better basic resources related to their ability to communicate 
by radio and by phone. There are----
    Senator Daines. So you are saying there are places you 
would agree that we should continue to build the wall then?
    Mr. Magnus. I think there are some gaps where that could 
make sense.
    Senator Daines. Thank you for that answer.
    Recent reports have shown that tens of thousands, perhaps 
over 100,000, migrants have been released into the interior 
through Catch and Release.
    Do you support Catch and Release? And do you think it is an 
effective system?
    Mr. Magnus. Senator, I appreciate the question. The 
challenge, of course, is we are dealing with a fundamentally 
broken system. It did not just become broken. It has been 
broken for many years. And in particular, over the last 4-plus 
years we have been challenged with not enough asylum officers, 
not enough immigration judges, long waits for court dates. And 
these things take a toll. And this has been true in multiple 
administrations. So it is going to require Congress to make a 
fix in this area.
    And I am very interested in working with the members of 
Congress. I would like to work with you and others to see how 
we can best assure that the process works the way it is 
supposed to.
    Senator Daines. Thank you. I am out of time, Mr. Chairman.
    The Chairman. The time of the gentleman has expired.
    Next is Senator Warren.
    Senator Warren. Thank you, Mr. Chairman. And thank you, 
Chief Magnus, for being here today. It is good to be able to 
speak with you again.
    I am very encouraged by your experience in law enforcement, 
and your extensive experience with immigration issues. But I 
think anyone filling the post of CBP Commissioner is going to 
have a very challenging job. One recent and very high-profile 
example of these challenges has been the treatment of Haitian 
immigrants in Del Rio, TX. Border Patrol agents, who are CBP 
personnel, engaged in cruel and disturbing behavior against 
these migrants. Inhumane treatment of migrants and asylum 
seekers is unacceptable in our Nation.
    I know DHS has opened an investigation into these 
interactions. So here is the commitment I would like from you. 
Will you push for transparency in that investigation, and for 
public release of all your findings?
    Mr. Magnus. Senator, thank you for the question, and I 
think you will find that I have a long history of transparency 
and sharing things with the public, whatever the outcome may 
be, because I think this is how you sustain and build trust.
    I agree, the images that we saw were troubling. I am 
grateful that the Secretary opened an investigation. I think it 
is very important that we be fair and allow the investigation 
to move in whatever direction it does, as facts are gathered. 
So I am not going to prejudge. But I think we can safely say 
that examining tactics and training is certainly appropriate. 
And after a significant incident, it is something that I have a 
long history of working towards.
    Senator Warren. Well, and I very much appreciate the 
history. That is why I am here today. But I am asking, 
actually, for a commitment. And that is, that you will push for 
transparency in this investigation and to a public release of 
all the findings.
    Mr. Magnus. Senator, I certainly commit to that.
    Senator Warren. Good. That is what I wanted to hear.
    Now I know that in response to the negative publicity about 
what happened at Del Rio, there was a temporary end to the 
Border Patrol's use of horseback units in the area. But I see 
this as just a symptom of a broader problem in recent years.
    Will you make it a top priority to ensure that all CBP 
personnel treat migrants and asylum seekers with the dignity as 
human beings that they deserve, and with proper respect for all 
of their legal rights, including the legal right to seek 
asylum?
    Mr. Magnus. Senator, thank you for that question. And as I 
have spoken to, I believe that we have asylum obligations as a 
Nation. And therefore, even as we seek efficiency and to be as 
effective as possible in working with individuals who seek 
asylum, we can never bypass the criticality of treating people 
humanely. These are fellow human beings, and they have to be 
treated humanely.
    Senator Warren. I appreciate that, and we will work 
together on that. I am going to hold you to that.
    Mr. Magnus. Thank you, Senator.
    Senator Warren. Another concern I have is about the effects 
of the COVID pandemic at immigration detention facilities. As 
you know, I have been pushing for greater transparency about 
COVID cases in these facilities. And Congressman Castro and I 
introduced a bill to help ensure accurate and complete data 
collection regarding COVID testing, vaccination, and safety 
protocols at CBP facilities and other immigration detention 
facilities.
    Also, last month DHS's Inspector General released a report 
that found that CBP does not conduct COVID testing for migrants 
who enter its custody. The Inspector General recommended that 
DHS reassess its COVID response framework, and DHS agreed with 
this recommendation. With that in mind, will you prioritize 
working with other Federal agencies to ensure accurate and 
complete data transparency regarding COVID-19 in CBP 
facilities?
    Mr. Magnus. Senator, thank you for the question. And 
without good data collection, I think we are really not in a 
great position, right? So I support data collection. I support 
being transparent with that data, particularly as it relates to 
COVID. I think this is critical.
    Senator Warren. Good. And will you commit to keeping 
Congress informed about your findings?
    Mr. Magnus. Senator, I absolutely will.
    Senator Warren. Good. The CBP Commissioner has an 
obligation to ensure the health and well-being of individuals 
in his care and custody. Congress and the public have a right 
to know what is happening. So I appreciate your commitment to 
making that a priority. Thank you.
    And thank you, Mr. Chairman.
    The Chairman. The time of my colleague has expired. We will 
go now to Senator Cassidy, and then we will go to Senator 
Bennet, and then I think Senator Scott is also going to be 
available.
    Senator Cassidy?
    Senator Cassidy. Thank you. I enjoyed our phone 
conversation. I know there has been a discussion of this 
recently, earlier, but tell me, as regards immunization, why 
are we not requiring those who are being allowed to come into 
the United States to be vaccinated for COVID before being 
released into the United States, particularly in the context 
that the Biden administration is asking anyone who has a nexus 
with the Federal Government to require their employees to get 
vaccinated? I am not quite sure I understand the exception for 
those who are being allowed to come here illegally.
    Mr. Magnus. Senator, thank you for the question. And 
actually, I think any of those individuals, migrants coming 
into the country, should be immunized.
    Senator Cassidy. Thank you. And should be required to be 
immunized as a condition of being allowed to continue?
    Mr. Magnus. Senator, that is something I definitely want to 
explore. It seems reasonable to me.
    Senator Cassidy. A couple of other issues. Your law 
enforcement background is without parallel. Let me ask, though, 
about some other issues. For example, we discussed the Jones 
Act. CBP has jurisdiction over Jones Act trade-based money 
laundering. What will you do for those areas that, if you will, 
are kind of gaps in your background but nonetheless are an 
important portion of the CBP mission?
    Mr. Magnus. Senator, thank you for the question. I have to 
tell you, I know that perhaps an assumption has been made that 
I would be more interested in the border and those functions as 
opposed to the trade functions of CBP, but I want to assure you 
that the trade functions are an area where I am both extremely 
interested and want to commit to learning as much as possible.
    The Jones Act, I am sure you realize better than most, is 
incredibly complex. I am doing my best to learn about it.
    Senator Cassidy. But can I ask, because inevitably you will 
need a lieutenant who is going to be in charge of that, just 
because your plate will be full just for the border: do you 
have the ability to hire your own lieutenants, or will there be 
someone there who will make this a priority within the 
considerations of the Department--knowing that you are making 
an effort to learn, but knowing that the highly technical 
aspect of it will require somebody with expertise?
    Mr. Magnus. Senator, thank you for the question. And one of 
the great things about the process that I have gone through 
over the last several months is to learn about the number of 
highly knowledgeable, highly dedicated personnel.
    Senator Cassidy. I am taking that as a ``yes.''
    Mr. Magnus. Right. So you are 100-percent right.
    Senator Cassidy. In your testimony you had a paragraph 
regarding the desire to address the issue of forced labor. Now, 
of course I would advocate that that be second and third 
degree.
    There has been a big push in this committee to support 
battery technology. It is pretty clear that cobalt is being 
taken out of the Congo using forced labor, which is being 
employed, if you will, by Chinese companies. It has been pretty 
well documented. There is a New Yorker article about it. There 
are others in the press.
    I have promoted an amendment that was rejected on party 
lines that we would ask that cobalt being used in batteries be 
ensured not to come from forced labor. To what degree does your 
commitment to addressing the use of forced labor include the 
kind of second degree that is not where the battery is being 
made but it is where the cobalt is being mined to be used in 
the battery?
    Mr. Magnus. Senator, thank you for that commitment. And I 
would just mention that forced labor is really something I 
would like to consider as a top trade----
    Senator Cassidy. So that would be a second-degree issue, as 
well; not just China where it is being used with the Uyghurs, 
but also in the Congo where it is being used to harvest the 
cobalt.
    Mr. Magnus. Absolutely.
    Senator Cassidy. And to put a point on it, it would bring 
you a little bit in conflict with the emphasis on other parts 
of the administration to use battery technology, which requires 
the use of this forced labor mined cobalt. Are you willing to 
take on that political battle?
    Mr. Magnus. Senator, it would certainly be something I 
would want to learn more about, obviously, because----
    Senator Cassidy. Yes, but--and I do not mean to interrupt; 
I just have 40 seconds left--if you are going to take on forced 
labor, I can tell you it is hard, with the emphasis upon 
battery technology, to take it on. Because there are just a lot 
of folks who want to put their heads in the sand and not notice 
about child labor being in the Congo, being used by Chinese 
companies to take the cobalt to be making these batteries.
    So a simple answer. You may decide that, no, you do not 
want to engage in it. But if it turns out what I am saying is 
correct, will you take that issue on?
    Mr. Magnus. Yes, I will. It sounds like a very important 
situation. I am very----
    Senator Cassidy. Thank you, and I will yield back. I thank 
you for your testimony.
    The Chairman. I thank my colleague.
    So now we will go to Senator Bennet, and then we will go to 
Senator Scott.
    Senator Bennet. Thank you, Mr. Chairman, for holding this 
hearing. And, Chief Magnus, thank you for being here and for 
your willingness to serve in an extraordinarily difficult 
position.
    As we discussed in our phone call together, I remain deeply 
concerned about unaccompanied children crossing the border, the 
high number of children crossing, and their treatment once they 
are in custody of the United States. It is not a secret that 
the previous administration did almost everything in its power 
to dismantle the legal immigration system, and legal services 
educational programs, and recreation activities for kids in the 
government's custody. Hundreds of kids were separated from 
their parents under President Trump's policies and were never 
reunified--a humanitarian catastrophe. It was heartless, and it 
was heartbreaking to have babies and infants spend weeks in 
under-resourced detention centers that were not appropriate for 
anyone, much less children.
    Much was done to deter children from coming, but it did not 
work. By May 2019, there were almost over 11,800 children 
apprehended by CBP, and courts had to step in to stop the 
previous administration from just summarily expelling these 
kids.
    When President Biden was sworn in, he immediately took 
executive action to revoke President Trump's enforcement 
priorities. He also took further action to reunify families and 
care for the other unaccompanied children over the following 
months. However, in the first 8 months of 2021, over 118,000 
unaccompanied children were apprehended. And I continue to hear 
horror stories about their treatment, both in CBP custody and 
beyond. There are currently still over 11,000 children in the 
government's custody, with just under 500 at CBP.
    I recognize that this is an incredibly hard issue, and that 
the numbers are slowly declining, but I have not seen any plan, 
or any request from the administration outlining their strategy 
on this.
    Should you be confirmed, will you commit to work with 
Secretary Mayorkas on creating a plan that specifically 
supports unaccompanied children in CBP custody?
    Mr. Magnus. Senator, thank you for the question. And there 
are few things more important to me than how we treat children. 
This is something that I have carried with me throughout my 
career.
    So the answer is, absolutely ``yes.''
    Senator Bennet. Thank you, Chief. I appreciate that. Will 
you commit to immediately investigating any instance of 
physical, sexual, or other type of abuse that is reported from 
CBP employees or contractors?
    Mr. Magnus. Yes, Senator.
    Senator Bennet. And will you commit to providing 
information on investigations to my office and others who may 
be conducting oversight for the purposes of protecting these 
children?
    Mr. Magnus. Senator, the answer is ``yes.''
    Senator Bennet. Thank you, Chief.
    Shifting gears, Chief Magnus, in 2020 drug overdose deaths 
increased in Colorado by 38 percent over the previous year, the 
largest year-over-year increase since at least 2000. This 
increase was worse than the U.S. average.
    The highest rates of death due to overdose were in three 
counties in southern rural Colorado. The overdose and overall 
mental health epidemic have only gotten worse over the past 
year, and we need to work at every level to address it.
    At the northern and southern borders, fentanyl seizures 
remain high, and this substance is finding its way into 
communities and destroying them. How are you planning to 
address the trafficking of drugs across the northern and 
southern borders to help prevent these deaths? And what types 
of technology or resources do you think are needed to better 
screen at ports of entry where these products are coming 
through?
    Mr. Magnus. Senator, thank you for the question. The 
scourge of fentanyl, of opioids in general that are coming 
across both borders, is both alarming and deeply troubling. We 
continue to see the majority of this drug come through the 
ports of entry. And so the technology that continues to be 
developed--some of which is coming through the CBP's Invent 
office, and there have been some examples of this being 
piloted--is something I am very excited about learning more 
about.
    Obviously, the challenge is, I am not in the agency at this 
time, so I do not know the inner workings of what those 
technology opportunities are exactly, but it is something I 
want to learn about, because I think this is such a high 
priority. And I realize it is coming through both borders.
    So I think there is a great deal more we can do, and I 
would like to work with you and others on this.
    Senator Bennet. Thank you very much, Mr. Chairman.
    The Chairman. Senator Bennet, before you leave, let me just 
say how much I appreciate all the leadership you have given, 
not just today but throughout this Congress, to protect 
vulnerable children. I want you to know that as long as I am 
chairman of the Finance Committee, I am going to be backing you 
up.
    Senator Bennet. Thanks, Mr. Chairman. That means a lot.
    The Chairman. Okay. Senator Scott?
    Senator Scott. Thank you, Mr. Chairman. Mr. Magnus, thank 
you for being here.
    I had a few questions for you, but Senator Bennet's 
questions have answered at least one of my questions, which was 
whether or not you are unwilling to answer ``yes'' or ``no'' 
questions, or whether or not you were just selective in 
answering ``yes'' or ``no'' questions.
    I have come to the conclusion that you are just very 
selective on the questions that you are going to answer ``yes'' 
or ``no'' to, because both Senator Young and Senator Bennet 
asked very easy questions to say ``yes'' or ``no'' to, and you 
struggled to come to the conclusion that there is a crisis on 
our border, which I found fascinating.
    Millions of Americans, literally millions upon millions of 
Americans, have come to the same conclusion that I have, and 
that Senator Young has, and that frankly I think even the 
administration is now coming to, that there is a crisis on our 
southern border. When we have 200,000 folks illegally crossing 
our border in just July, more than a million in the last fiscal 
year, there is a crisis on our border.
    Why admitting that there is a crisis on our border is a 
problem, I do not fully appreciate. When the administration 
finally, after demonizing every single action of the Trump 
administration as it relates to the border--it is apparent to 
me that when the Department of Homeland Security reinstates a 
Remain in Mexico policy, it is because there is a crisis at the 
southern border.
    So I want to ask you, Mr. Magnus, just for clarification. 
With reinstatement of the policy, with a million-plus people 
crossing our border, with more than 200,000 just in July, with 
the actions taken against the border agents, is there a crisis 
at our border?
    Mr. Magnus. Senator, thank you for the question. But if I 
might just make the observation that perhaps, as a Nation and 
as a group of even electeds, if we spent a little less time 
debating on what the terminology is and perhaps a little more 
time trying to fix a broken system and working together, we 
could address what I have already acknowledged as one of the 
most serious problems that we face right now in our Nation.
    Senator Scott. Well, Mr. Magnus, this is frankly where both 
Republicans and Democrats come to the same conclusion, that 
there is a crisis at our border. This is the one area, of many 
areas within the political spectrum, that we would like to see 
some kind of uniformity in people working together and 
acknowledging the concerns that we have.
    Words have meaning. We are living in a time where we are 
trying to find our way to redefine words, but the fact that 
there is a crisis--there is just a crisis, number one. Number 
two, when Rodney Scott, the former Chief of the Border Patrol 
who worked for both President Trump and President Biden, says 
that the administration is abusing its authority as it relates 
to paroles, I will ask you: with over 30,000 released to be 
paroled, and so many hundreds of thousands more just released 
into our communities, do you believe that the administration is 
abusing their immigration authority?
    Mr. Magnus. Senator, I appreciate the question. And 
obviously, this issue of immigration authority, how it is being 
used, is something that would be very important to me, if 
confirmed for this position. I am coming into this, obviously, 
as someone from the outside. My intention would be to learn as 
much as I can, talk to different parties involved who may have 
a very different perspective on this, learn what I can, and 
then share that information with those above me.
    Senator Scott. Let me just say it this way. When our 
American public is watching the reckless actions in 
Afghanistan, where we are trying to figure out what the vetting 
process was for those folks arriving here--and we are thankful 
to those who assisted our soldiers in Afghanistan, and we want 
to have the folks who deserve to be here, here from 
Afghanistan. And yet the vetting process was rushed because of 
the arbitrary nature of the departure. That creates more 
concern from an immigration standpoint.
    This exacerbates the situation when you add on top of those 
concerns for the average American, seeing more than a million 
folks coming into our country illegally, which is about 20 
percent of all of the citizens in the great State of South 
Carolina. So you can imagine my concerns that are shared by 
millions of Americans around this country as it relates to what 
we are doing on our border. And what we are not doing on our 
border is very concerning.
    Thank you.
    The Chairman. I thank my colleague.
    I believe Senator Cortez Masto is on the web. Senator, are 
you out there?
    Senator Cortez Masto. Mr. Chairman, I am. Can you hear me?
    The Chairman. Very well.
    Senator Cortez Masto. Wonderful. Thank you.
    So, Chief Magnus, thank you for the conversation earlier, 
and your willingness, let me just say, to serve. I know the 
fundamental role that U.S. Customs and Border Protection plays 
in securing our Nation's borders. And believe me, I have 
traveled to the southern border multiple times--not only as a 
Senator who represents the State of Nevada, but as the Attorney 
General for the State of Nevada--to see not only firsthand the 
challenges the Border Patrol agents face, but also to address 
what the conversation this morning was on, which is 
transnational criminal enterprises that continue to engage in 
drug trafficking, human trafficking, money laundering, and 
weapons trafficking across the border.
    And let us be clear when we talk about borders. My 
understanding is that my colleagues and everybody are talking 
about the southern border only. And so let me ask you this, 
because is it not true that these multinational corporations, 
these criminal enterprises that we have been trying to address, 
have been really engaging in this criminal conduct--elicit 
narcotics trafficking, money laundering, human trafficking, 
weapons trafficking--really now for decades. Is that not 
correct, particularly out of Mexico?
    Mr. Magnus. Senator, I think, based on what I have learned 
so far, I would share your concerns about this. And I am 
pleased that what I have also learned is how closely CBP is 
working with ICE and others to target these criminal networks.
    If I am confirmed for this position, this would be 
something very important to me, because I understand the impact 
that this has on the supply chain and many other things. So, 
yes.
    Senator Cortez Masto. Thank you. I appreciate that, because 
it requires our collective effort of State and local partners, 
and other countries as well, to address this, because it is a 
challenge and we need to actually have strong border security.
    But let me ask you this. When it comes to border security, 
what resources and technology does CBP need to improve that 
infrastructure, particularly for our ports of entry? I know you 
are not there yet. Do you have an idea? Have you looked at this 
yet?
    Mr. Magnus. Well, Senator, I appreciate the question 
because, as I have come to learn so far--and again, admittedly 
looking at this from an outsider's perspective--the border 
security has to be addressed through a combination of things. I 
think technology is a very important piece, and the use of 
unmanned aerial surveillance of different types, various 
sensors that can help us see into Mexico to figure out what may 
be coming our way; technology that allows our Border Patrol 
officers to communicate more effectively with each other in 
difficult terrain, or across longer distances.
    I think these are some of the technology pieces. But as I 
previously mentioned, I also understand the need to address 
other infrastructure concerns where it makes common sense to do 
so, as well as to address probably the most important resource 
that we have, which is our people, making sure they are getting 
the training and the support that they need to do their jobs.
    Senator Cortez Masto. Thank you. I agree with you.
    Let me put something on your radar. In 2019, I had the 
opportunity to visit a Joint Intelligence and Operations Center 
located in Tucson, AZ, run by the CBP. The center acted as a 
fusion-style center for many different law enforcement agencies 
to coordinate operations and communications. I did visit it, 
but my understanding though is, it has since closed. And I am 
trying to find out why. This is a perfect example of where you 
have a collaboration at all levels of government to focus on 
the needs there at the border.
    So my question for you is, if confirmed, would you commit 
to working with me to get me the answers I am still waiting for 
on why the center located in Tucson was closed? Because I think 
it was a perfect example of how this collaboration should 
continue forward.
    Mr. Magnus. Senator, thank you for the question. And I will 
certainly commit to providing you with more information. I 
think there is good news, which is there is an unusually high 
level of collaboration between State, Federal, and local 
partners around many of the issues we have discussed that is 
going on both in Tucson and throughout Arizona.
    Senator Cortez Masto. Thank you. Thank you again for your 
willingness to serve.
    The Chairman. I thank my colleague, and particularly for 
her focus on how the spies and criminals are taking advantage 
of some of the holes in the process of enforcement. And we are 
going to really zero in on e-passport forgery, and we will talk 
about that.
    Senator Portman, I believe, will be our final questioner. 
Senator Portman, are you out there?
    Senator Portman. Great. Thank you, Mr. Chairman. I 
appreciate it.
    Chief, I appreciate your testimony today. I got to hear 
some of it off and on with other commitments, and I also 
appreciated our conversation, which was very frank, about some 
of the challenges we are facing on the border today.
    The crisis at the border continues to, in my view, be based 
on policy decisions that we are making or need to make, and the 
big one for me is the pull factor of the asylum system. You and 
I talked about this at some length.
    I just would like to hear from you a little about your 
perspective on this. We recently saw the surge in Del Rio, but 
the overall numbers just continue to increase. And for the 
traffickers and human smugglers who are exploiting people, 
unfortunately they have a narrative, which is that, if you come 
up to the border with us, pay us $10,000 or whatever it is, 
then we will get you into the United States. Just claim asylum 
and you will be allowed in for a period of time. With a 1.2-
million backlog at least, and with 4 to 5, maybe 6 years before 
a hearing, and with the acceptance rate being about 15 percent 
for folks from the so-called Northern Triangle countries, and 
probably similar for Ecuador and other countries that are 
increasing their numbers, the system is clearly broken.
    Could you speak to that, and what you think about our 
current asylum system and, if confirmed, how it would make your 
job harder, and what you think ought to be done about it?
    Mr. Magnus. Senator Portman, thank you for the question, 
and also thank you for the conversation we were able to have 
about some of these things.
    We are certainly aligned around the challenges associated 
with the pull factors. I mean there is no question there are 
both push and pull factors that are bringing migrants to this 
country--and asylum seekers--but the pull factors are very 
evident. And I think there is no one simple solution to this.
    Obviously, the message is going to have to be clear that we 
intend to follow the law. We are going to have to do more clear 
messaging at every level of government, and that includes even 
effective social media messaging. We are going to have to do 
more to anticipate surges and work with the Mexican Government 
around that.
    I am, as I have mentioned, very interested and open to 
working with my counterparts in Mexico in building the 
strongest possible relations there. So you know, again, there 
is no one easy answer to this, but I agree this is part of the 
challenge.
    Senator Portman. Yes. I guess, just quickly, Chief, are you 
also willing to work with those of us who believe that the 
asylum system is broken--and I think you are one of them, from 
our conversations--to come up with a system that makes more 
sense; as an example, having people apply for asylum from their 
home country, having an immediate adjudication, allowing for 
the system to work as it was intended?
    Mr. Magnus. Senator, I am very interested in working with 
you and others. I agree that the asylum system absolutely must 
be improved. As I tried to reinforce several times, I think 
this requires a bipartisan approach. It requires listening, 
compromising, sharing. I am very open to doing all of those 
things, including, frankly, a number of conversations with the 
men and women at ground level who are dealing with some of 
these challenges on a day-to-day basis and often have some very 
strong ideas, and well-thought ideas, about how things could be 
made better.
    So, yes, you have my commitment to that.
    Senator Portman. Well, I appreciate that commitment, and I 
look forward to working with you, should you be confirmed, on 
that issue.
    Another issue you and I talked about is the security along 
the border, and the fact that, of the roughly 450 miles of 
fencing that was built by the previous administration, 
sometimes dubbed ``the wall,'' only about 10 percent of the 
technology was put in place prior to the Biden administration 
coming into office and calling a pause on all construction.
    You and I talked about the situation along the border. 
Certainly you have seen it in Arizona. I was in Del Rio not 
long ago, looking at the gaps in the border wall, which are, to 
me, obvious things that should be closed and create a huge 
problem for the Border Patrol.
    But the one that particularly troubles me is the fact that, 
even though Democrats and Republicans alike talk about the need 
for sensors and cameras and more sophisticated technology, 
again only about 10 percent of that was completed, which 
complements the fence. Would you be supportive of completing 
the technology part of this? I will not put you on the spot in 
terms of the so-called ``wall.'' I believe that fencing ought 
to be completed as well. I think, it is nonsensical that we 
paid the contractors to do this and Border Patrol had to stand 
there 24/7 in order to protect a gap in the wall.
    But let's move on to the technology issue, where I think 
there is more consensus. Would you be willing to say today that 
you would support completing the technology--again, sensors, 
cameras--to be able to give your Border Patrol officers the 
opportunity to be able to respond more effectively and more 
efficiently?
    Mr. Magnus. Senator, thank you for the question. And you 
are correct. I am interested in providing the agents of the 
Border Patrol with the best possible resources, which would 
include improvements in technology, something I am very 
interested in learning more about, especially because the 
border is not homogenous and there are different needs along 
different sections.
    The Chairman. The time of the gentleman has expired.
    Senator Brown?
    Senator Brown. I thank you, Senator Wyden, and I am pleased 
to be able to go right after my colleague from Ohio, whose name 
I invoked a number of times last week about the infrastructure 
work we have done together, especially in Buy America.
    Chief, congratulations on your nomination. As Chairman 
Wyden mentioned, this post is critical for addressing issues 
that the chair and I have worked on. And as Ranking Member 
Crapo had mentioned in his words earlier, this post is critical 
to enforce circumvention in our trade remedy laws. We need you 
to take this post as quickly as possible. My commitment to the 
chair, and to you, is certainly that.
    I hear from businesses across Ohio on issues with dumping 
of Chinese-sourced product into the U.S. market. We know China 
has historically used every tool at its disposal to get around 
our trade laws. That is why I have introduced my bipartisan 
bill with Senators Portman and Rubio and Casey--a member of 
this committee--the Leveling the Playing Field Act 2.0, to 
update trade remedy laws. But to really address these issues, 
we need the Commissioner of Customs and Border Protection to 
make this issue a priority.
    There are a couple of trade enforcement issues I want to 
flag. The first is on transshipment. The second is on 
circumvention issues you know well. An Ohio company explained 
to us that they are seeing increased shipments of products 
sourced from China, but with port of entry that says ``South 
Korea.'' In other words, the shipment will originate in China, 
make a stop in another country, and it does not get the proper 
review when it arrives on our shores. Another company explained 
to us that, despite our 232 tariffs covering electrical steel, 
China gets around it by creating products used for electric 
grid transformers and moving that product through Mexico and 
Canada.
    China has a playbook. They build up overcapacity in a 
specific product. They then target American businesses for 
illegal dumping in our market. They have done this for steel 
and iron. They make it so that small businesses cannot compete, 
and they are about to do it for materials that are sensitive 
for our national security.
    Without proper enforcement of trade laws, we put our 
industries and jobs at risk. So I have two--sorry for the long 
intro--I have two questions. Talk about, if you will, how you 
will take the interests of American workers into account on 
this job, committing today to putting workers, not just 
businesses, not just products, but workers as a priority in 
trade enforcement.
    Mr. Magnus. Senator, thank you very much for the question, 
because there is no doubt that what happens in these cases that 
you have described with transshipments, with the abuse of 
various trade agreements, with the whole antidumping and 
countervailing duty situation, that it is not just American 
businesses but American workers who are really operating on a 
very unequal playing field.
    And so, whether we are talking about ranges from wire 
hangers to solar panels, these are very real concerns. And I 
look forward to learning more about how the trade personnel 
within CBP are addressing these challenges so I can support 
them, so I can be an advocate for them, so I can work with the 
business community both large and small. The goal is not only 
to facilitate business, but to be as transparent as possible 
about what is going on so we can address these challenges.
    Senator Brown. Thank you. Thank you. And I will, every time 
you and I interact personally and by mail, or online, I will 
always bring up the importance of workers--to keep that focus 
in your job.
    Will you commit--and this is a pretty simple ``yes'' or 
``no''--will you commit to working with us to make sure that 
Leveling the Playing Field 2.0 is a priority with the 
administration?
    Mr. Magnus. I believe it has to be a priority, Senator, 
yes.
    Senator Brown. Thank you.
    The last question is about immigration. We are seeing, as 
you know, a dramatic increase of unaccompanied children 
arriving at the border. It is imperative to who we are as a 
Nation, who we should be as a Nation, that children are safe 
and protected while they are in our care. We must ensure agents 
have the necessary training to process children waiting to be 
placed with HHS.
    Social workers can play a role in supporting agents and the 
children in their care. I assume you agree with that?
    Mr. Magnus. I do.
    Senator Brown. Okay; thank you.
    Thank you, Mr. Chairman.
    The Chairman. I thank my colleague. Before he leaves, I 
want to commend him again for all of his leadership on the 
forced labor issue. And we have been talking to Chief Magnus 
about it, and he is going to work very closely with us. So we 
look forward to all that.
    So we have a couple of formalities. We want to thank all 
the members for their participation. We had a very, very high 
turnout today.
    Chief Magnus, thank you for your candid responses.
    Regarding questions for the record, the deadline for 
members to submit their questions will be Sunday, October 24th, 
at 5 o'clock, with the expectation that members will submit 
them by close of business Friday, if possible. We really want 
to move this. This is a very important nomination, and the 5 
p.m. deadline for colleagues is firm.
    Let me just wrap up with a couple of quick thoughts, Chief 
Magnus. Colleagues on both sides of the aisle have raised 
critical issues, particularly humanely addressing immigration 
on the southern border while we relentlessly tackle illegal 
drugs and we facilitate legal trade and we investigate and stop 
goods that are made with forced labor.
    So, we have heard a lot of important issues. Senator Cardin 
made a point which I think was perhaps more eloquent than when 
I tried to describe it, where he said we do not have to 
sacrifice efficiency for humanity with respect to your 
portfolio. That sums it up. We have important work to do. I 
expect that you will have colleagues on both sides of the aisle 
supporting you before we are done because of your candor and 
your professionalism. I strongly support you. I supported you 
before this morning, and you have given us additional reason to 
support you.
    We will excuse you at this time, and the Finance Committee 
is adjourned.
    [Whereupon, at 11:56 a.m., the hearing was concluded.]

                            A P P E N D I X

              Additional Material Submitted for the Record

                              ----------                              


                Prepared Statement of Hon. Mike Crapo, 
                       a U.S. Senator From Idaho
    Thank you, Mr. Chairman. Mr. Magnus, welcome.

    U.S. Customs and Border Protection, or CBP, is the Nation's largest 
Federal law enforcement agency. It needs to be. Its responsibilities 
are staggering.

    CBP is tasked with facilitating lawful international trade and 
travel. The United States is a leader in international commerce--and 
that leadership depends on ensuring that lawful trade and visits flow 
smoothly. It also requires that we safeguard our borders from 
terrorists, drug traffickers, and transnational criminals.

    In 2020--a year when the pandemic curtailed trade and travel--the 
63,000 men and women of CBP on an average day processed 650,000 
passengers and 77,000 truck, rail, and sea containers; arrested 39 
criminals at U.S. ports of entry; seized 3,600 pounds of drugs; caught 
$3.6 million worth of products that infringe intellectual property 
rights; and discovered 250 pests that could potentially cause untold 
damage to U.S. farmers.

    But CBP's work is not just point-of-entry inspections. CBP also 
undertakes sophisticated investigations to ensure our Customs laws are 
properly enforced. This includes identifying actors who try to smuggle 
goods made with forced labor into the United States or evade our 
antidumping or countervailing duties. Deliberate evasion of antidumping 
and countervailing duties not only undercuts revenue lawfully owed to 
the government, but prevents our workers and businesses from redressing 
unfair trade practices.

    Softwood lumber producers in my home State of Idaho rely on 
antidumping and countervailing measures to combat unfair trade--and 
CBP's work ensures that those measures are effective. CBP also 
maintains international operations. CBP operates attache offices in 23 
countries around the world. CBP's Container Security Initiative screens 
containers that pose a risk of terrorism at foreign ports before they 
are placed on vessels destined for the United States. Through this 
program, CBP can prescreen over 80 percent of all maritime 
containerized cargo imported into the United States.

    Under normal circumstances, overseeing all of this work would 
require extraordinary skill, experience, and judgment. But these are 
not normal times. Specifically, I am referring to the heartbreaking 
situation unfolding on our southern border.

    In August of this year, CBP had over 200,000 encounters on the 
southwest border, significantly higher that the preceding August that 
had only 50,000 encounters, which itself was down from 60,000 in August 
of 2019. In fiscal year 2021 there were 1.4 million encounters, even 
without accounting for September numbers that are not yet known, which 
is more than double the 458,000 encounters in fiscal year 2020.

    Once in office, the administration's initial approach to this surge 
was to downplay, or worse, undermine its own tools to address it. It 
eliminated the successful ``Remain in Mexico'' policy, known as the 
Migrant Protection Protocols. This program wisely required certain 
migrants to remain in Mexico while their claims were decided. The 
sudden termination of the program was not only rash, but--as confirmed 
by the Supreme Court in August--contrary to law.

    Moreover, the men and women of CBP have been left demoralized and 
adrift by the administration's approach. Indeed, the president of the 
Federal Law Enforcement Officers Association has written that the 
administration needs to ``stop blaming the Federal law enforcement 
officers at the border--who are over-tasked, under-resourced, and 
under-appreciated. It is the lack of a coherent strategy that has 
escalated the crisis at the border, not the border officers.''

    In sum, the crisis--and that is precisely what it is--is absolutely 
unacceptable. This committee must ensure that CBP is headed by someone 
who has the requisite ability and commitment to end it as soon as 
possible. Failing to ensure as much will only prolong this tragedy.

    Accordingly, I look forward to hearing the nominee's testimony and 
his responses to questions.

                                 ______
                                 
   Prepared Statement of Chris Magnus, Nominated to be Commissioner,
     Customs and Border Protection, Department of Homeland Security
    Chairman Wyden, Ranking Member Crapo, and members of the committee, 
it is an honor and privilege to be sitting before you today as 
President Biden's nominee to serve as Commissioner of Customs and 
Border Protection. I am grateful for the support of the President and 
Secretary Mayorkas.

    Originally created in 1789 in order to pay our country's 
Revolutionary War debts, CBP's modern-day responsibilities--
facilitating immigration, protecting our Nation's border security, 
promoting trade and travel, and more--are as critical now as they were 
in those early days following our Nation's founding.

    CBP is a key part of an immigration system that has welcomed so 
many families to our country, including my own. My father was an 
English and art history professor who immigrated to the U.S. from 
Norway in 1921. My mother, a pianist and a homemaker, was the daughter 
of German immigrants. I have two sisters, Carol and Beth, and a 
brother, Gerhard.

    My husband, Terrance Cheung, immigrated to the United States from 
Hong Kong with his wonderful mother, Clara, who is retired after 
running her own small business for 3 decades. Terrance has been a 
journalist, Chief of Staff for a Mayor and County Supervisor, and 
currently works for the Arizona Superior Court in Pima County. I could 
not ask for a more supportive partner.

    As a career public safety officer, there would be no greater 
privilege than to lead one of the largest Federal law enforcement 
agencies in the country. As a young man in Lansing, MI, I put myself 
through college, where I earned degrees in criminal justice and labor 
relations from Michigan State University. I worked first as a 911 
dispatcher, a paramedic, and a Deputy Sheriff. I then came up through 
the Lansing police department ranks, ultimately attaining the rank of 
Captain.

    My 41-year career in public safety has afforded me the opportunity 
to work in communities of all sizes and types in different geographic 
areas of the country--each with its own unique needs and challenges. 
All of them provided opportunities to learn, innovate, and work with 
talented, dedicated people.

    I know all too well the impact that trade and its economic effects 
can have on America's communities. As a police officer in Lansing, MI, 
I saw firsthand what happened when the U.S. auto industry struggled 
during the 80s and 90s. Today, thanks to bipartisan efforts to improve 
our trade policies, auto plants in Lansing and other American cities 
not only do business on a level playing field but have also been able 
to expand and flourish. Manufacturing workers throughout the U.S. can 
now be assured of more pay equity with Mexican and Canadian workers.

    I am acutely aware that CBP's role in enforcing trade laws and 
facilitating trade goes well beyond the manufacturing sector. If 
confirmed to lead this agency, I will work with this committee and with 
Congress to protect intellectual property, U.S. agriculture, and the 
many products that Americans rely upon.

    Addressing forced labor would also be one of my high priorities. 
While it is hard to imagine something more antithetical to our core 
values as Americans, eliminating forced labor is more than a 
philosophical undertaking--it is a moral imperative. We must give full 
force to laws that punish this modern-day slavery, while simultaneously 
facilitating trade for the overwhelming majority of companies that do 
business responsibly.

    Today, I live in a city close to the U.S. border with Mexico, and 
consider myself lucky to have visited both borders many times. It is 
essential to recognize that what we think of as the border is not 
homogenous, and there is no one solution that will provide us perfect 
border security. If confirmed, I will do what I have always done in my 
professional career--uphold the law. I will also expect--without 
exception--that all agency personnel be conscientious, fair, and humane 
when enforcing the law.

    More than a few colleagues, friends, and family members have asked 
me, ``What are you thinking?'' Why would I choose to take on the 
important but challenging responsibility of leading CBP at this moment? 
And here is my answer, which is the same answer I gave when I started 
my public safety career in 1979: I want to make a difference.

    CBP is a proud agency with a mission that is vital to this country. 
I believe that by working with Congress, the men and women who serve 
CBP, and its public and private-sector partners, can build upon its 
many strengths to make the agency even better.

    I pride myself on being a pragmatic and bipartisan problem-solver. 
The principles that have guided me are integrity, accountability, 
caring, and resolve. I care about innovative ideas, not ideology. I 
prize and foster continuous improvement, and then I dig in to get the 
work done.

    If confirmed, my pledge to this committee and its members is 
simple: I will have an unwavering commitment to serving the American 
people and will lead with intellectual humility and enthusiasm every 
day.

    Thank you again for the opportunity to appear before you today and 
for your consideration of my nomination to this critical role. I look 
forward to your questions.

                                 ______
                                 

                        SENATE FINANCE COMMITTEE

                  STATEMENT OF INFORMATION REQUESTED 
                               OF NOMINEE

                      A. BIOGRAPHICAL INFORMATION

 1.  Name (include any former names used): Christopher Jens Magnus.

 2.  Position to which nominated: Commissioner, U.S. Customs and Border 
Protection.

 3.  Date of nomination: May 12, 2021.

 4.  Address (list current residence, office, and mailing addresses):

 5.  Date and place of birth: October 26, 1960, Easton, PA.

 6.  Marital status (include maiden name of wife or husband's name):

 7.  Names and ages of children:

 8.  Education (list all secondary and higher education institutions, 
dates attended, degree received, and date degree granted):

        M.A., Labor and Industrial Relations.
        Michigan State University.
        East Lansing, MI.
        09/1988 (estimated) to 12/1990.

        B.A., Criminal Justice.
        Michigan State University.
        East Lansing, MI.
        09/1979 (estimated) to 12/1986.

        A.A., Business Administration.
        Lansing Community College.
        Lansing, MI.
        09/1980 (estimated) to 12/1982.
        Certifications and Licensures

        Paramedic (AEMT) certification and licensure (1982).
        Police Officer Certification, Mid-Michigan Police Academy 
        (1982).
        EMT Instructor-Coordinator (EMT-IC) Certification (1981).
        EMT certification and licensure (1981).

        Certificate of Completion

        FBI National Executive Institute (NEI) Session 41.
        FBI Training Academy, Quantico, VA (2018).

        Senior Executives in State and Local Government Program.
        John F. Kennedy School of Government, Harvard University.
        Cambridge, MA (06/2002).

 9.  Employment record (list all jobs held since college, including the 
title or description of job, name of employer, location of work, and 
dates of employment for each job):

        Chief of Police.
        Tucson Police Department.
        Tucson, AZ.
        01/2016 to present.

        Policing Expert.
        Consultant.
        U.S. Department of Justice.
        Ferguson, MO; Seattle, WA; Baltimore, MD; and others.
        2014 to 2019.

        Chief of Police.
        Richmond Police Department.
        Richmond, CA.
        01/2006 to 01/2016.

        Instructor (part-time).
        North Dakota State University.
        Fargo, ND.
        Fall 2000.

        Chief of Police.
        Fargo Police Department.
        Fargo, ND.
        09/1999 to 01/2006.

        Captain.
        Lansing Police Department.
        Lansing, MI.
        1997 to 1999.

        Lieutenant.
        Lansing Police Department.
        Lansing, MI.
        1993 to 1997.

        Sergeant.
        Lansing Police Department.
        Lansing, MI.
        1990 to 1993.

        Police Officer.
        Lansing Police Department.
        Lansing, MI.
        1985 to 1990.

        Instructor-Coordinator, Emergency Medical Services (part-time).
        Lansing Community College.
        Lansing, MI (2 years).
        1983 to 1985.

        Deputy Sheriff.
        Livingston County Sheriff's Department.
        Howell, MI.
        1983 to 1985.

        Deputy Sheriff (Parks Department) (part-time).
        Ingham County Sheriff's Department.
        Mason, MI.
        1983.

        Paramedic.
        Hayes Green Beach Memorial Hospital.
        Charlotte, MI.
        06/1982 to 08/1991.

        Police Officer (part-time).
        Vermontville Township Police Department.
        Vermontville, MI.
        1982 to 1983.

        Emergency Medical Technician.
        Hayes Green Beach Memorial Hospital.
        Charlotte, MI.
        10/1981 to 06/1982.

        Police Technician (Dispatcher).
        Ingram County Central Dispatch.
        Lansing, MI.
        1979 to 1981.

        Some of my early employment overlaps because I was working 
        multiple jobs at the same time to pay for college.

10.  Government experience (list any current and former advisory, 
consultative, honorary, or other part-time service or positions with 
Federal, State, or local governments held since college, including 
dates, other than those listed above):

        All current and former positions in Federal or local government 
        are listed above.

11.  Business relationships (list all current and former positions held 
as an officer, director, trustee, partner (e.g., limited partner, non-
voting, etc.), proprietor, agent, representative, or consultant of any 
corporation, company, firm, partnership, other business enterprise, or 
educational or other institution):

        Consultant.
        Impact Justice.
        Oakland, CA.
        10/2020-01/2021.

12.  Memberships (list all current and former memberships, as well as 
any current and former offices held in professional, fraternal, 
scholarly, civic, business, charitable, and other organizations dating 
back to college, including dates for these memberships and offices):

        Law Enforcement Leaders to Reduce Crime and Incarceration.
        Member, 2019 to present.

        Arizona Supreme Court Committee on Mental Health and the 
        Justice System.
        Member, 2019 to present.

        Advisory Board Policing Project, NYU School of Law.
        Member, 2018 to present.

        Arizona Association of Chiefs of Police.
        Member, 2016 to present.

        Law Enforcement Immigration Task Force (LEITF).
        Member, 2014 to present.

        Police Executive Research Forum (PERF).
        Member, 2001 to present.
        Board of Directors, 2015 to 2019.

        International Association of Chiefs of Police (IACP).
        Member, 1999 to present.

        V.I.P. Tucson Business Network Club.
        Member, 2016 to 2018.
        Child Advocacy Centers of California.
        President, 2014 to 2016.
        Board of Directors, 2009 to 2016.

        West County Family Justice Center, Richmond, CA.
        Member, Board of Directors, 2009 to 2014.

        California Police Chiefs Association.
        Member, 2006 to 2016.

        West Contra Costa County Police Chiefs Association.
        President 2011 (estimated).
        Member, 2006 to 2016.

        Richmond Police Activities League, Richmond, CA.
        Member, Board of Directors, 2006 to 2016.

        National Traffic Safety Advisory Committee, International 
        Association of Chiefs of Police.
        Member (appointee) 2005.

        Cultural Diversity Resources of Fargo-Moorhead, ND.
        Member, Board of Directors, 2005.

        Red River Children's Advocacy Center, Fargo, ND.
        Member, Board of Directors, 2004 to 2005.

        Plains Art Museum, Fargo, ND.
        Member, 2001 to 2005.

        Big Brothers/Big Sisters, Fargo, ND.
        Member, Board of Directors, 2001 to 2005.

        Red River Regional Dispatch Center, Fargo, ND.
        President, Board of Directors, 2001 to 2005.

        United Way of Cass-Clay Community Building Commission, Fargo, 
        ND.
        Member, 2001.

        Fargo (Noon) Rotary Club, Fargo, ND.
        Member, 2000 to 2002 (estimated).

        North Dakota Police Chiefs Association.
        Member, 1999 to 2006.

        City of Fargo Liquor Control Commission, Fargo, ND.
        Member, 1999 to 2005.

        Michigan Law Enforcement Torch Run to Benefit Special Olympics, 
        Mt. Pleasant, MI.
        Member, Executive Board, 1995 to 1998.

        Lansing Police Athletic League, Inc., Lansing, MI.
        Member, Board of Directors, 1992 to 1995.

        Lansing Fraternal Order of Police, Lodge 141, Lansing, MI.
        President, 1990 to 1992.
        Member, 1983 to 1992 (estimated).

13.  Political affiliations and activities:

        a.  List all public offices for which you have been a candidate 
        dating back to the age of 18.

       None.

        b.  List all memberships and offices held in and services 
        rendered to all political parties or election committees, 
        currently and during the last 10 years prior to the date of 
        your nomination.

       None.

        c.  Itemize all political contributions to any individual, 
        campaign organization, political party, political action 
        committee, or similar entity of $50 or more for the past 10 
        years prior to the date of your nomination.


------------------------------------------------------------------------
         Name of Recipient             Amount      Date of Contribution
------------------------------------------------------------------------
Actblue/Biden for President                $100   September 26, 2020
------------------------------------------------------------------------
Actblue/Biden for President                $100   September 12, 2020
------------------------------------------------------------------------
Shannon 4 Congress                         $100   November 20, 2019
------------------------------------------------------------------------
ActBlue                                      $5   November 20, 2019
------------------------------------------------------------------------
Andrew Janz for Congress                   $100   February 2, 2018
------------------------------------------------------------------------
Doug Jones for Senate                       $50   December 7, 2017
------------------------------------------------------------------------
Mark Kelly for Senate                      $100   August 10, 2019
------------------------------------------------------------------------
Neighbors of John Gioia                    $100   January 28, 2010
------------------------------------------------------------------------
No on 8--Equality California                $75   September 13, 2008
------------------------------------------------------------------------
Equality California Issues PAC              $50   June 7, 2009
------------------------------------------------------------------------
Victory Fund                                $50   April 29, 2007
------------------------------------------------------------------------
Human Rights Campaign                      $130   December 17, 2006
------------------------------------------------------------------------


14.  Honors and awards (list all scholarships, fellowships, honorary 
degrees, honorary society memberships, military medals, and any other 
special recognitions for outstanding service or achievement received 
since the age of 21):

        Police Executive Research Forum Leadership Award, 2020.

        Proclamation Honoring Dedicated Service from the Richmond City 
        Council, Richmond, CA, 2016.

        Certificate of Appreciation for Outstanding Leadership from the 
        Contra Costa Community College District, Martinez, CA, 2016.

        Certificate of Recognition for Exemplary Leadership (CA State 
        Senator Loni Hancock), Richmond, CA, 2016.

        CA Legislative Assembly Certificate of Recognition for work 
        associated with Richmond's Cinco De Mayo (CA Assembly Member 
        Tony Thurmond), Richmond, CA, 2015.

        Recognition of Outstanding Excellence, 23rd St. Business 
        Association, Richmond, CA, 2015.

        Mayoral Certificate of Excellence for work associated with 23rd 
        St. Renewal (Mayor Tom Butt), Richmond, CA, 2015.

        Certificate of Special Congressional Recognition associated 
        with 23rd St. Development (U.S. Congressman Mark DeSaulnier), 
        Richmond, CA, 2015.

        Community Award for Special Partnership with the Community by 
        the Santa Fe Neighborhood Association, Richmond, CA, 2015.

        Recognition for Outstanding Service by the West Contra Costa 
        County Unified School District, Richmond, CA, 2015.

        Certificate of Honor for Community Partnership from Contra 
        Costa County District 1 (Supervisor John Gioia), Richmond, CA, 
        2015.

        Outstanding Service Award, Police and Fire Toy Program, 
        Richmond, CA, 2010.

        Outstanding Law Enforcement Award, Mothers Against Drunk 
        Drivers (MADD), Fargo, ND, 2005.

        Recognition of Dedicated Service, Leadership, and Commitment, 
        Fargo Police Department Members, Fargo, ND, 2005.

        Lifesaver Award for AED (Automated External Defibrillator) 
        Initiative from the Dakota Medical Foundation, Fargo, ND, 2005.

        Certificate of Appreciation for Support of 2000 All-American 
        City Competition, Cities of Fargo, ND and Moorhead, MN, 2000.

        Special Recognition for Volunteer Commitment to Special 
        Olympics by the Lansing City Council, Lansing, MI, 1997.

        Individual Commendation for Valuable Service to the Lansing 
        Police Department by the Police Board of Commissioners, 
        Lansing, MI, 1994.

        Lifesaving Award from the Lansing Police Department, Lansing, 
        MI, 1985 (estimated).

15.  Published writings (list the titles, publishers, dates and 
hyperlinks (as applicable) of all books, articles, reports, blog posts, 
or other published materials you have written):

        I maintain a public Twitter profile (http://www.twitter.com/
        ChiefCMagnus).

        Magnus, Chris and S. Rebecca Neusteter, Ph.D. ``COMPSTAT360; 
        CompStat Beyond the Numbers.'' (Contributed book chapter.) 
        Originally slated to be published in March 2020. PDF copy 
        submitted.

        Magnus, Chris. ``Changing how we handle deaths in custody.'' 
        Arizona Daily Star, July 9, 2020, https://tucson.com/opinion/
        local/tucson-police-chief-magnus-changing-how-we-handle-deaths-
        in-custody/article_d3ae6335-29ce-5597-af36-7c78d0404980.html.

        Magnus, Chris. ``Police Chief: Sanctuary city initiative wrong 
        for Tucson.'' Arizona Daily Star, July 21, 2019, https://
        tucson.com/opinion/local/local-opinion-police-chief-sanctuary-
        city-initiative-wrong-for-tucson/article_4204ef
        1c-f223-5954-8ff5-8bfcae83c861.html.

        Magnus, Chris. ``Tucson's Police Chief: Sessions's Anti-
        Immigrant Policies Will Make Cities More Dangerous.'' The New 
        York Times, December 6, 2017, https://www.nytimes.com/2017/12/
        06/opinion/tucson-police-immigration-jeff-sessions.html.

        Magnus, Chris. ``TPD Chief Magnus: What Happened to George 
        Floyd in Minneapolis is Indefensible.'' Arizona Daily Star, May 
        31, 2020, https://tucson.com/opinion/local/tpd-chief-magnus-
        what-happened-to-george-floyd-in-minnesota-is-indefensible/
        article_7eb445f0-54bd-54d4-8d39-ebcf55980ee8.html.

        Magnus, Chris. ``Tucson Police Chief Magnus: We are here 24/7 
        and we need your help protecting all from COVID-19.'' Arizona 
        Daily Star, March 29, 2020, https://tucson.com/opinion/local/
        tucson-police-chief-magnus-we-are-here-24-7-and-we-need-your-
        help-protecting/article_ad257ed2-95ea-56ba-8342-
        44cf6d2bd796.html.

        Magnus, Chris. ``We don't do Border Patrol's job; they don't do 
        ours.'' Arizona Daily Star, March 31, 2019, https://tucson.com/
        opinion/local/tucson-police-chief-we-dont-do-border-patrols-
        job-they-dont-do-ours/article_849c2858-97ea-51bf-9448-
        c24f7d059c8a.html.

        Magnus, Chris. ``TPD Chief: Pima preschool investment will 
        protect long-term public safety.'' Arizona Daily Star, March 
        15, 2019, https://tucson.com/opinion/local/chris-magnus-tucson-
        police-department-meeting-the-challenges-of-a-growing-call-
        load/article_fadd501a-aa91-5db7-b939-7bb9f12d41bb.html.

        Magnus, Chris. ``Tucson Police Chief: Trump immigration 
        policies make crime-fighting harder.'' Arizona Daily Star, 
        December 7, 2017, https://tucson.com/news/local/tucson-police-
        chief-trump-immigration-policies-make-crime-fighting-harder/
        article_ceef3dd4-db6a-11e7-9041-171fca851bd8.html.

        Magnus, Chris. ``Lawmakers must listen to law enforcement on 
        dangerous gun bills.'' Arizona Daily Star, September 1, 2017, 
        https://tucson.com/opinion/local/chris-magnus-lawmakers-must-
        listen-to-law-enforcement-on-dangerous-gun-bills/
        article_50ad9a22-74ba-5c15-acf3-10b22598804a.html.

        Magnus, Chris. ``TPD Chief Magnus: Immigration status no 
        barrier in protecting Tucsonans.'' Arizona Daily Star, February 
        28, 2017, https://tucson.com/news/opinion/column/guest/tpd-
        chief-magnus-immigration-status-no-barrier-in-protecting-
        tucsonans/article_fce2a441-a2d6-5790-8f5f-ad2aeb9798aa.html.

        Magnus, Chris. ``Guest commentary: Richmond police get 
        extensive training in appropriate use of force.'' East Bay 
        Times, May 14, 2015, https://www.
        eastbaytimes.com/2015/05/14/guest-commentary-richmond-police-
        get-extensive-training-in-appropriate-use-of-force/.

        Magnus, Chris. ``Defunding first 5 a huge mistake.'' Contra 
        Costa Times, April 5, 2011, https://www.eastbaytimes.com/2011/
        04/08/contra-costa-times-readers-forum-defunding-first-5-a-
        huge-mistake/.

16.  Speeches (list all formal speeches and presentations (e.g., 
PowerPoint) you have delivered during the past 5 years which are on 
topics relevant to the position for which you have been nominated, 
including dates):

        To the best of my abilities, I have taken steps to recall and 
        report the formal speeches and testimony I have delivered in 
        the last 5 years and listed the results of my search below.

        In my role as Chief of the Tucson Police Department, I am 
        frequently asked to deliver informal remarks to community 
        groups, civic organizations, non-profits, government entities, 
        and at community events on a myriad of social, criminal 
        justice, and public safety issues. I generally do not prepare 
        remarks or talking points ahead of time or speak from notes. 
        Similarly, I have participated in many panels, roundtables, and 
        other forums in my capacity as Chief of Police. My remarks in 
        such venues generally relate to the business, community, and 
        public safety of the city of Tucson.

        Testimony before the U.S. Senate Committee on the Judiciary 
        Subcommittee on Border Security and Immigration hearing on 
        ``Narcos: Transnational Cartels and Border Security,'' 
        Washington, DC, December 12, 2018, https://www.
        judiciary.senate.gov/download/12-12-18-magnus-testimony.

17.  Qualifications (state what, in your opinion, qualifies you to 
serve in the position to which you have been nominated):

        I am qualified for this position based on my 42 years in public 
        safety, during 22 of which I have served as a Police Chief. 
        During my time in policing, I have worked in cities that have 
        differed geographically, in size, socioeconomically, and in 
        their racial/ethnic diversity. I currently serve as Chief of 
        Police in Tucson, AZ, where I have gained a deep understanding 
        of the unique trade, commerce, and law enforcement challenges 
        and opportunities inherent to life in a border community.

        In each of the police departments I have led, my focus has been 
        on maximizing trust between police and community, developing 
        the strongest possible relationships with the public, 
        increasing police professionalism through accountability and 
        transparency, implementing evidence-based best practices, and 
        preserving the best traditions of local policing. I have a 
        strong commitment to treating members of the community based on 
        the principles of procedural justice. Procedural justice is 
        based on four central principles: ``treating people with 
        dignity and respect, giving citizens `voice' during encounters, 
        being neutral in decision making, and conveying trustworthy 
        motives.'' I am equally committed to internal procedural 
        justice, which involves listening to members of my agency and 
        fairly addressing their needs and concerns.

        My educational background is not only criminal justice. My 
        master's degree in labor relations will be very helpful for 
        this position. I have experience on both sides of the 
        bargaining table, representing labor and management in contract 
        negotiations and grievance-handling.

        As an active member in the Law Enforcement Immigration Task 
        Force (LEITF) and other policing organizations, I have worked 
        with other chiefs and sheriffs around the country on a broad 
        range of issues. By living and working in Tucson, I also 
        appreciate the impact of Federal, State, and local policies on 
        everyday people. Many residents of Tucson have family on both 
        sides of the border, and nearly every member of the community 
        relies on robust trade, commerce and cooperation between Mexico 
        and the United States as part of their daily lives. Finally, I 
        am a member of the Major City Chiefs Association (MCCA) and the 
        Police Executive Research Forum (PERF) which have dealt 
        extensively with immigration and border security issues.

        Especially at this key time in our country's history when 
        immigration, trade, and border protection issues are so 
        critical, I am confident my lengthy experience in dealing with 
        complex, challenging, and multifaceted policy, personnel, and 
        political matters make me the best person for this position.

                   B. FUTURE EMPLOYMENT RELATIONSHIPS

 1.  Will you sever all connections (including participation in future 
benefit arrangements) with your present employers, business firms, 
associations, or organizations if you are confirmed by the Senate? If 
not, provide details.

        Yes, except as addressed in my ethics agreement, which has been 
        determined not to adversely impact my ability to serve as 
        Commissioner. These include former and current employer 
        benefits such as the disability award, benefit plans, and 
        interests, which are detailed below.

 2.  Do you have any plans, commitments, or agreements to pursue 
outside employment, with or without compensation, during your service 
with the government? If so, provide details.

        No.

 3.  Has any person or entity made a commitment or agreement to employ 
your services in any capacity after you leave government service? If 
so, provide details.

        No.

 4.  If you are confirmed by the Senate, do you expect to serve out 
your full term or until the next presidential election, whichever is 
applicable? If not, explain.

        Yes.

                   C. POTENTIAL CONFLICTS OF INTEREST

 1.  Indicate any current and former investments, obligations, 
liabilities, or other personal relationships, including spousal or 
family employment, which could involve potential conflicts of interest 
in the position to which you have been nominated.

        In connection with the nomination process, I have consulted 
        with the Office of Government Ethics and the Department of 
        Homeland Security's Designated Agency Ethics Official to 
        identify any potential conflicts of interest. Any potential 
        conflicts of interest will be resolved in accordance with the 
        terms of an ethics agreement that I signed and transmitted to 
        the Department's Designated Agency Ethics Official, which has 
        been provided to this committee. I am not aware of any other 
        potential conflicts of interest.

 2.  Describe any business relationship, dealing, or financial 
transaction which you have had during the last 10 years (prior to the 
date of your nomination), whether for yourself, on behalf of a client, 
or acting as an agent, that could in any way constitute or result in a 
possible conflict of interest in the position to which you have been 
nominated.

        Any potential conflict of interest will be resolved in 
        accordance with the terms of my ethics agreement, which I 
        understand has been provided to the committee.

 3.  Describe any activity during the past 10 years (prior to the date 
of your nomination) in which you have engaged for the purpose of 
directly or indirectly influencing the passage, defeat, or modification 
of any legislation or affecting the administration and execution of law 
or public policy. Activities performed as an employee of the Federal 
government need not be listed.

        Tucson PD is a member of the Major City Chiefs Association and 
        the Arizona Chiefs of Police Association, and as Chief of 
        Police, I am an ex officio member of these groups. These groups 
        sometimes take positions on legislation based on public safety 
        concerns.

 4.  Explain how you will resolve any potential conflict of interest, 
including any that are disclosed by your responses to the above items. 
(Provide the committee with two copies of any trust or other 
agreements.)

        As detailed in my ethics agreement, in order to resolve 
        potential conflicts of interest, I have agreed to divest most 
        of the financial interests which pose even the appearance of a 
        conflict of interest. I have agreed to recuse myself from 
        certain other matters where I may have a financial interest, as 
        addressed in my ethics agreement and which has been determined 
        not to adversely impact my ability to serve as Commissioner. 
        This should resolve the majority of the potential conflicts. I 
        will also implement appropriate screening arrangements to 
        ensure that even where a remote conflict might arise, it will 
        be appropriately addressed, such as my spouse's employment. 
        Further, I will follow the direction of appropriate Ethics 
        Counsel and my superiors within the DHS and the White House.

 5.  Two copies of written opinions should be provided directly to the 
committee by the designated agency ethics officer of the agency to 
which you have been nominated and by the Office of Government Ethics 
concerning potential conflicts of interest or any legal impediments to 
your serving in this position.

        Two copies of written ethics opinions have been provided to the 
        committee.

                       D. LEGAL AND OTHER MATTERS

 1.  Have you ever been the subject of a complaint or been 
investigated, disciplined, or otherwise cited for a breach of ethics 
for unprofessional conduct before any court, administrative agency 
(e.g., an Inspector General's office), professional association, 
disciplinary committee, or other ethics enforcement entity at any time? 
Have you ever been interviewed regarding your own conduct as part of 
any such inquiry or investigation? If so, provide details, regardless 
of the outcome.

        No.

 2.  Have you ever been investigated, arrested, charged, or held by any 
Federal, State, or other law enforcement authority for a violation of 
any Federal, State, county, or municipal law, regulation, or ordinance, 
other than a minor traffic offense? Have you ever been interviewed 
regarding your own conduct as part of any such inquiry or 
investigation? If so, provide details.

        No.

 3.  Have you ever been involved as a party in interest in any 
administrative agency proceeding or civil litigation? If so, provide 
details.

        In my capacity as Chief of Police, I have routinely been named 
        in lawsuits directed against the departments I have led. Those 
        suits generally do not relate to my individual decisions or 
        actions, but rather to actions ascribed to the Police 
        Department as an entity, over which I am the most senior 
        official.

        There were only 4 cases that I recall where I was specifically 
        involved, all resolved without adverse findings: Booker, et al. 
        v. City of Richmond (N.D. Cal.) (Filed 03/06/2007) (Case No. 
        CIVMSC07-00408); Hauschild v. City of Richmond et al. (N.D. 
        Cal.) (Filed 04/03/2015) (Case No. 3:15-CV-01556 WHA); Abuslin 
        v. City of Richmond (N.D. Cal.) (Filed 08/17/2017) (Case No. 
        4:17-cv-04804-LB); and Wycinsky v. City of Richmond (N.D. Cal.) 
        (Filed 05/27/2017) (Case No. 3:16-cv-02873-MMC).

 4.  Have you ever been convicted (including pleas of guilty or nolo 
contendere) of any criminal violation other than a minor traffic 
offense? If so, provide details.

        No.

 5.  Please advise the committee of any additional information, 
favorable or unfavorable, which you feel should be considered in 
connection with your nomination.

        I have submitted copies of all letters of support for my 
        nomination to the committee.

                     E. TESTIFYING BEFORE CONGRESS

 1.  If you are confirmed by the Senate, are you willing to appear and 
testify before any duly constituted committee of the Congress on such 
occasions as you may be reasonably requested to do so?

        Yes.

 2.  If you are confirmed by the Senate, are you willing to provide 
such information as is requested by such committees?

        Yes.
                                 ______
                                 

CompStat360: CompStat Beyond the Numbers

S. Rebecca Neusteter, Ph.D.
Executive Director, University of Chicago Health Lab and
prior/founding Policing Program Director, Vera Institute of Justice

Chris Magnus
Chief of Police, Tucson (AZ) Police Department

Abstract

CompStat is often identified as one of the most important innovations 
in contemporary policing. With its traditional focus on serious violent 
crime, CompStat was instrumental in many police department's efforts to 
curb violence. CompStat's push for ``numbers'' however also resulted in 
misdirected, unsustainable, and excessive enforcement, most pronounced 
for certain neighborhoods and people of color. This left CompStat 
largely at odds with effective and much-needed community policing 
efforts. Through extensive research, CompStat360 was developed to 
harness the benefits of both CompStat and community policing. 
CompStat360 is a tool that goes beyond the numbers by measuring and 
managing three overlapping dimensions: (1) prevent, interrupt, and 
solve crime; (2) maximize organizational effectiveness; and (3) 
integrate community and governmental partners. This chapter describes 
how we, through our practitioner-researcher partnership, developed and 
are implementing CompStat360 in the Tucson Police Department. It 
further discusses the lessons learned that inform police operations and 
the adoption of evidence-based policing practices.

Introduction

In the early 1990s, New York City (NYC), along with many other 
jurisdictions across the United States, suffered from spikes in crime 
(Dance and Meagher, 2016). These crime increases, particularly 
increases in serious and violent crime, threatened the quality of life 
for residents and business alike and resulted in intense pressure being 
placed upon our Nation's police departments, by community members and 
elected officials, to curb escalating rates of violent crime (O'Connell 
and Straub, 2007). At that time, not so dissimilar from today, many 
police departments were criticized for lacking accountability and 
mission clarity (McGuire, 2000). Responding to these crime and 
organizational challenges, in 1994, the New York Police Department 
(NYPD), then led by Police Commissioner William Bratton and in 
partnership with a key strategist, Jack Maple, developed CompStat 
(Bratton and Knobler, 1998).

Evolution of CompStat

CompStat, a moniker for Computer Statistics, advanced a near-real-time 
mechanism for the NYPD to geographically examine crime trends. CompStat 
also accomplished the related goals of precisely defining the agency's 
mission--to reduce violent crime--and holding middle-managers 
accountable in pursuing and achieving this mission (Neusteter and 
O'Toole, 2019). CompStat rapidly began changing the NYPD's culture 
through successfully promoting accountability within the organization's 
hierarchical structure (Bratton and Knobler, 1998; Maple, 2000). In 
short order, the NYPD's CompStat model was widely recognized as an 
effective approach for decreasing violent crime, increasing a shared 
understanding of the department's mission, and establishing an 
evidenced-based approach to fighting crime (Sherman, 2004; Weisburd, et 
al., 2004).

CompStat's early successes resulted in its swift adoption in policing 
and adaptations to other public sectors (Neusteter and O'Toole, 2019). 
CompStat continues to be replicated and is recognized as one of the 
most commonly applied evidence-based performance management platforms 
(Police Executive Research Forum, 2013). CompStat, however, is not 
without criticisms and challenges. CompStat's sole focus on measuring 
and directing responses to serious crime can limit police agencies' 
abilities to comprehensively identify and respond to public safety 
problems. CompStat's approach to measuring serious violent crime and 
holding middle managers accountable has also created perverse 
incentives that have resulted in the suppression of crime reports as 
well as aggressive, and at times, harmful and unconstitutional, 
enforcement tactics (Alpert, and Moore, 1993; Eterno and Silverman, 
2012; Walsh and Vito, 2004).

By design, CompStat comprises four core components: (1) accurate and 
timely information; (2) effective tactics; (3) rapid deployment; and 
(4) relentless follow-up (Police Executive Research Forum, 2013). 
Building from the NYPD's initial development and deployment of 
CompStat, these four principles have remained key to CompStat's 
approach, even among those jurisdictions that have opted to adapt the 
original model. Operationalizing these principles has resulted in 
collecting and disseminating real-time data, often presenting it in the 
form of mapped visualizations. This information is then used to develop 
a tactical and rapid response plan and also to continuously and 
relentlessly follow up on the trends, hold middle managers accountable 
in implementation, and continually assess impacts. In practice, the 
CompStat process typically uses real-time data as inputs in regularly 
scheduled CompStat meetings. These meetings have often been described 
as being adversarial and tense, as stakeholders are called to task and 
held to account for undesirable results.

CompStat has often been described as being at odds or in tension with 
community policing, which has created a counterproductive asymmetry in 
advancing evidence-based strategies that both reduce crime and enhance 
community-police trust and cooperation (Shah, Burch, and Neusteter, 
2018). This is because CompStat has traditionally neglected important 
indicators such as officer safety and wellness as well as community 
satisfaction. Without considering these essential aspects, CompStat 
reinforces a limited and centralized decision-making approach, which 
can have unintended negative effects on organizational effectiveness 
and community relations.

In response to concerns about the limitations of the traditional 
CompStat model and its potential to do more, the National Police 
Foundation and Vera Institute of Justice (Vera) partnered together and 
along with nationally recognized police practitioners and researchers 
to reimagine CompStat. The initiative commenced in 2016 with a 
convening and by commissioning a series of white papers to explore how 
best to include community policing in police performance management. In 
developing this new CompStat model, the National Police Foundation and 
Vera team also conducted site visits to four cities to observe their 
CompStat processes in action and met with local community and police 
groups to learn about any associated benefits or challenges. The model 
development also included research conducted through phone and in-
person interviews, as well as focus groups with a wide variety of 
CompStat stakeholders based in police agencies, communities, and 
organizations outside of the site visit locations.

These research activities culminated in the development of the 
CompStat360 model. Figure 16.1 demonstrates the evolution of CompStat 
to CompStat360. CompStat360 seeks to harness the effective evidence-
based practices germane to CompStat, while recognizing that police 
departments must monitor interrelated aspects of performance to 
optimize public safety, organizational effectiveness, and partnerships. 
Focusing on crime and enforcement alone won't achieve the necessary and 
desired results for advancing contemporary and democratic policing.


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CompStat360

CompStat is a performance management system that is used to reduce 
crime and achieve other goals identified by the police department. It 
relies on timely and accurate information and intelligence, the rapid 
deployment of resources, enforcement tactics, and relentless follow up. 
As discussed above, CompStat historically has myopically focused on 
reducing violent crime. Whereas, CompStat360 offers a comprehensive 
performance management system to respond to crime, promote the co-
production of public safety, and maximize organizational effectiveness. 
CompStat360 emphasizes information sharing and collaboration between 
the police department and the community. It also builds in mechanisms 
for responsibility and accountability at all levels of the police 
department's hierarchy, as well as within the community and with other 
partnering public agencies. CompStat360 seeks to improve the 
effectiveness of overall public safety delivery.

Like CompStat, CompStat360, too relies on timely and accurate 
information; however, the information collected, and priority setting 
is intended to be a collaborative and iterative process among all 
related stakeholders, both internal and external to the police 
department. CompStat360 was developed to serve as a comprehensive 
strategic management tool that provides a mechanism to regularly review 
priorities, through triangulated data sources, and coordinated follow 
up. CompStat360 incorporates a wider range of outcomes into the police 
department's measurement and management approaches, toward the goal of 
delivering holistic and quality policing and supporting the 
department's efforts for continual growth and learning (CompStat360a).

At its highest level, CompStat360 consists of feedback loops between 
three overlapping dimensions: preventing, interrupting, and solving, 
crime; maximizing organizational effectiveness; and integrating 
community support and involvement. These three dimensions are 
conceptualized via four goals, each made up of various indicators and 
metrics that are adaptable to any agency and community's specific 
problems and priorities. The specific strategies employed and measured 
within the dimensions are designed to shift according to every 
department's and community's priorities, capacities, and needs. 
Importantly, each dimension is equally important, and an agency's 
ability to perform successfully within one should not come at the 
expense of the others. This is referred to as CompStat360's rule of 
three. Although distinct, the overlap within and between these 
dimensions demonstrates the inherent interconnectedness of public 
safety concerns and efforts.

Figure 16.2 presents the full CompStat360 model. The model visualizes 
the three interrelated dimensions, feedback loops, and four goals 
associated with each dimension.

Numerous stakeholders are required to implement and manage the 
CompStat360 process. These stakeholders include the primary law 
enforcement agency or police department. Involvement and buy-in from 
executives, command staff, other managers, and rank-and-file officers 
are all critical to executing the key roles and responsibilities. These 
roles and responsibilities include identifying and establishing the 
CompStat360 priorities, which is similar to decreasing violent crime in 
the original CompStat model define the CompStat360 approach. The 
primary law enforcement agency stakeholders must conduct intentional 
outreach to include a diverse set of representatives to serve on the 
CompStat360 team, involving both internal and external partners. The 
agency is also responsible for facilitating the CompStat process, while 
soliciting and integrating feedback from other stakeholders. The law 
enforcement agency stakeholders must analyze, present, problem solve, 
respond to, and learn from the CompStat360 data and ensure that the 
relevant staff are trained in accordance with the model and its 
identified priorities.

Stakeholders from other law enforcement agencies are also essential to 
Comp-Stat360's success. These other agencies include neighboring police 
departments, prosecutors, Federal agencies, and community supervision. 
These stakeholders are needed to participate in problem-solving 
workgroups and other CompStat360 meetings, as well as to provide 
relevant supportive services, information, and data.

The community is central to the CompStat360 approach. The community 
will be defined locally, but should include community organizations, 
advocates, individuals (especially those of whom have lived and direct 
experiences with law enforcement systems, including victims and 
individuals who have been subjected to arrests), and service providers/
organizational representatives related to the CompStat360 approach and 
priorities. Community stakeholders need to be involved in identifying 
and establishing CompStat360 priorities. They need also to participate 
in open law enforcement meetings and to be involved in problem solving, 
responding to, and learning from CompStat360 data (CompStat360b).

The CompStat360 process is evidence based, and as such begins with a 
thorough data scan to apply to each of the CompStat360 dimensions and 
related goals (CompStat360c). Through this data scanning process, the 
stakeholders collaboratively determine the priority issues and goals. 
The CompStat360 organizational management process allows for learning 
and collaboration to identify, implement, and evaluate problem-solving 
strategies. All the described stakeholders are necessary to implement 
and manage CompStat360's strategic approach (CompStat-360d).


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CompStat360 Problem-Solving Teams

For this strategic approach to support, foster, and inform the desired 
problem-solving in policing, CompStat360 relies on problem-solving 
teams (PST). PSTs institutionalize internal and external problem 
solving to identify, analyze, and address the priority areas identified 
through the CompStat360 scanning process. PSTs in CompStat360 represent 
a major departure from CompStat and are the engine that drives the 
CompStat360 process and the desired change(s). PSTs are developed by 
agency decision-makers who identify an area worthy of intensive problem 
solving. The PST is put in place to study the problem, identify 
strategies to solve it, make recommendations for implementation, 
evaluate its impact, and document lessons learned. PSTs are intended to 
meet regularly and remain intact until the problem is solved, at which 
point the PST is reassigned or dissolved.

PSTs may be adapted from existing workgroups. Regardless of whether the 
body is new or adapted, creating a CompStat360 PST should involve the 
following considerations:

      A problem is identified and prioritized collaboratively by the 
internal and external CompStat360 stakeholders.
      Leadership of the primary law enforcement agency directs a 
coordinator to establish a PST and identifies an Accountable Manager to 
coordinate between the PST and the agency's executive leadership body.
      PST membership can consist of anyone, internally or externally, 
with the ability and knowledge to engage in dialogue constructively, 
conduct research effectively, and contribute successfully to the 
effort.
      Including individuals with lived experiences in the PST, with 
the recognition that those who are closest to and most familiar with 
the problem are also at closest proximity to solution(s).

While still in its infancy, CompStat360 and the PSTs are data-driven 
approaches that offer great promise to improve evidence-based policing 
practices.

In the next section of this chapter we turn to an early CompStat360 
case study, which offers valuable lessons and insights for advancing 
not only the CompStat360 model specifically, but also evidence-based 
practices in policing more generally. The Tucson, AZ Police Department 
was one of the first agencies to implement Comp-Stat360. This 
partnership represents a strong practitioner-researcher endeavor, from 
which to learn about CompStat360 specifically as well as evidence-based 
policing more generally.

Tucson, AZ: CompStat360 Case Study

Tucson, often referred to as the ``old pueblo,'' is a city in southern 
Arizona of approximately 550,000 residents located some 60 miles north 
of the U.S.-Mexico border. Tucson ranks as the 33rd largest city in the 
U.S. and the second-largest city in Arizona. From a geographical 
standpoint, the city stretches across a wide area--approximately 240 
square miles--and it continues to expand through ongoing annexation. 
Hispanic/Latinx residents make up 43 percent of the population (twice 
the national average), and a large number of the community members 
speak Spanish.

Tucson's median wage in 2019 registered at $36,900, nearly $3,000 below 
the U.S. median. City government funds derive almost entirely through 
sales tax, making department budgets and services, including those 
police related, highly vulnerable to downturns in the State and 
national economy. The largest employers in Tucson include the 
University of Arizona, Davis Monthan Air Force Base, and Raytheon 
Technologies (aerospace and defense corporation).

Founded in 1871, the Tucson Police Department (TPD) has grown from 31 
members to its current staffing of 870 sworn personnel. Despite the 
city's steady population growth, due to city budgetary woes and 
challenges with recruiting, the department struggles to maintain a 
sworn staffing level above 800 (down from approximately 1,000 in the 
early 2000s). Severe economic challenges in 2016 and 2017 resulted in 
an $11 million cut to the department's budget.

Most of the department's patrol officers and support staff work in the 
four field divisions. These include Operations Division West, Midtown, 
South, and East. Policing in the downtown business and entertainment 
area is handled by personnel assigned to the Downtown District, which 
is part of Operations Division West. Neighborhood crimes investigations 
and traffic services are decentralized to allow for a localized 
approach to unique division challenges. The department's 
administration, Office of Professional Standards, Analysis Division, 
and Central Investigations Division are all based in the agency's 
downtown headquarters.

Prior to implementing CompStat360, the department lacked a true crime 
analysis capability. Instead, it relied on a loose-knit group of 
professional staff (non-sworn) employees referred to as ``crime 
analysts'' but whose analytical skills were self-taught or altogether 
absent. Although dedicated to their work, many of these personnel 
transitioned from clerical or other administrative roles entirely 
unrelated to the collection or use of data. Most lacked even bachelor's 
degrees in criminology, statistics, political studies, social science 
research, or criminal justice. None possessed advanced degrees. Much of 
their training came on the job with the occasional short class or 
seminar on tabulating and presenting crime data.

For many years this group of personnel used department statistics and 
FBI Uniform Crime Reporting data to assist division commanders in 
preparing for community presentations. They made charts, put together 
handouts, and tracked arrests/citations. Some helped detectives with 
case preparation. Very little of their work involved data analysis, 
development or measurement of crime-reduction initiatives, or actual 
program evaluation.

Analysis modernization began in early 2019 with the recruitment of Dr. 
Jacob Cramer to serve as the first Analysis Administrator in department 
history, a position placed within the Executive Leadership Team (ELT). 
Dr. Cramer arrived at the agency with extensive experience conducting 
data analysis related to violence, crime, extremism, and particular 
knowledge in social network analyses and quantitative methods. Almost 
immediately, Dr. Cramer set about overhauling the entire analysis 
function by creating a new structure and culture. This meant replacing 
or retraining every member of the analysis team.

The ELT knew well the need for more effective strategies beyond the 
basic tracking of police arrests and crime data to deal with the city's 
increasing rate of crime, the high number of traffic crashes, and 
expansive quality of life concerns. In addition to community concerns, 
there was also a need to identify and track progress in addressing 
issues of importance to the agency's rank and file.

The ELT also recognized that a previous CompStat-type initiative known 
as ``Target Oriented Policing'' (TOP), utilized between 2010-2014, was 
mostly ineffective and remembered with disdain and ridicule. Many 
department members recalled this version of CompStat was time-
consuming, purposeless, and centered around meetings that became little 
more than ``show-and-tell'' opportunities for ambitious supervisors and 
commanders. Department leadership was determined not to replicate this 
version of CompStat.

A Rocky Start

During a meeting of the Police Executive Research Forum's (PERF) 
Research Advisory Board in 2018, TPD Chief Chris Magnus and researcher 
Dr. Rebecca Neusteter engaged in a discussion about how CompStat could 
evolve to become something new and different. During this same time, 
the National Police Foundation and Vera (where Dr. Neusteter worked at 
the time) were developing a model known as CompStat360. This 360-degree 
holistic and more participatory approach to problem-solving and crime-
fighting struck Chief Magnus as the kind of methodology the department 
was looking to achieve.

Determined to innovate, Chief Magnus, ELT, and Dr. Cramer decided to 
adopt a version of CompStat360. Even with initial support from the 
Police Foundation and Vera, implementing a new type of CompStat was--
and continues to be--a big lift for the department. Despite enthusiasm 
and commitment from leadership, the agency faced a wide range of 
challenges in developing its own more relevant and inclusive CompStat 
program.

As the Analysis Division was trying to launch the new initiative, few 
members of the rank and file were adept at problem-solving. 
Additionally, multiple ``crises of the day'' kept department leadership 
preoccupied, diverting attention and resources from the new CompStat 
program. Even the inclusion of the word ``CompStat'' in the name of 
this initiative became (and remains) a source of debate because of 
negative associations with the department's foray into Target Oriented 
Policing.

Although the new TPD program had similar goals to the CompStat360 
model, the leadership team determined that model's prescriptive 
roadmap, benchmarks, and expectations for departmental and community 
participation were premature and unrealistic. To outside observers, 
minimizing both community and department member involvement must have 
seemed like heresy for a ``360'' style program but the stakes were too 
high to move too fast.

There was a clear lack of understanding, capacity, and buy-in among the 
rank and file, supervisors, and managers. From the perspective of the 
department leadership, these members of the agency first needed to 
build problem-solving skills, have access to data, and learn how to use 
analytic resources.

Adding to the challenge was a significant lack of diversity when it 
came to the department's community relationships. Meaningful engagement 
of the public requires working with police department critics, the 
involvement of young people, and substantial representation from 
traditionally marginalized neighborhoods and groups in the city. TPD 
had work to do.

Especially after several high-profile police involved shootings of 
minorities, as well as several incidents in Tucson that strained 
relationships between minority communities and the police, relying on 
the ``familiar suspects'' to identify new priorities and strategies to 
address them was a recipe for failure. This new model required 
engagement from more than police-friendly neighborhood presidents and 
self-identified community leaders.

CompStat360, to a Degree

The concept of CompStat360 was sound, but through the course of 
implementation it became readily apparent that many of the model's 
substantive details and strategies remained theoretical or conceptual. 
The department received limited technical assistance (TA) from the 
Police Foundation and Vera, but much of it seemed incongruent with the 
agency's needs, resources, and priorities. In some cases, the TA 
providers were less knowledgeable than Dr. Cramer and his fledgling 
team; in other cases, their lack of familiarity with the community 
limited these providers' effectiveness and credibility.

The department made incremental progress, despite the lack of a clear 
roadmap. Personnel from the new Analysis Division convened small 
working groups, experimented with different approaches, and pushed hard 
to gain access to the data needed to support the CompStat vision. As in 
many city governments, access to data requires extensive Information 
Technology (IT) support. In Tucson, IT is a standalone department 
separate from the police, which resulted in further delays and 
difficulties accessing what was needed.

Operations Division Midtown was selected to function as a ``beta site'' 
for the department's CompStat360 style problem-solving. The results 
were mixed. Some initiatives, like one that assigned officers within 
the test area to spend 15 minutes a shift parked in convenience store 
parking lots to reduce crime, were mostly unsuccessful. Yet, even 
``fails'' became opportunities for discussion and learning.

With an eye toward improved outcomes, TPD's approach incorporated 
several critical components that are different from more traditional 
CompStat programs around the country. Step one involved educating a 
broader scope of department members about the new CompStat model, 
starting with discussions that only involved sergeants. Typically, 
upper management received the early introduction to new initiatives, 
but in this case, they came second. TPD invested first in sergeants, 
who they believed had the most influence on the success or failure of 
any project, so they could realize increased buy-in and understanding. 
Department leadership theorized that if first-line supervisors wrote 
the new project off as irrelevant, useless, or more of the ``same old, 
same old,'' even high levels of enthusiasm from their commanders would 
do little to change their perspective.

The next step was identifying crime, traffic, and quality of life 
priorities small teams of department members could address. This 
engagement process would ensure projects utilized the basic tenets of 
the program: problem identification, analysis, implementation strategy, 
partners, benchmarks, metrics, and evaluation. Department priorities, 
based on previous, albeit imperfectly measured, public feedback, 
included property crime reduction, decreasing traffic crashes, and 
homelessness. The role of commanders was to support these efforts, help 
their personnel stay on track, and otherwise assist as needed.

The small PST leaders were strongly encouraged to meet with the 
analysis staff to help the team set parameters for their projects, 
analyze relevant data, and set performance metrics. Teams would then 
determine how officers would be assigned (often across different 
shifts), what they would do, and who to involve from the community.

There was no desire to marginalize or disregard short term significant 
crime increases or trends that fell outside of the areas of property 
crime, traffic safety, and homelessness. Unexpected but urgent quality 
of life issues brought up by residents were still addressed as they 
arose. However, there was a recognition that taking too much on at one 
time utilizing the new CompStat model could damage the program's 
effectiveness and ultimately lead to failure.

Whenever possible, the department's ELT directed the Analysis Team to 
play a role in helping officers and supervisors think through what they 
wanted to accomplish and how they might do it. Problem-solving projects 
needed to be more than good PR for the department. The ELT hoped that 
when analysts worked with PSTs more sustainable outcomes would follow 
and better organizational learning would take place. Over time, 
department leadership realized that the Analysis Division could also 
help teams identify and connect with the right research and academic 
personnel to work with them on their projects.

Don't Throw the Baby out with the Bathwater

TPD also learned that not every project required crime analysis 
resources or the use of a rigid problem-solving structure. There were 
lively discussions with the Comp-Stat360 implementation group about 
``perfect being the enemy of progress.'' New teams were ultimately 
encouraged to initiate problem-solving projects around key department 
metrics even if they lacked research, clear benchmarks, or strong 
partnerships outside the department.

The most important aspect of the culture change was getting officers 
and their supervisors to identify and start addressing problems in 
their sectors and divisions. Even if their plans, strategies, and 
evaluation processes were imperfect, much could still be accomplished. 
The hope was that practicing, even without a perfected program in 
place, could lead to more thoughtful and sophisticated work in the 
future.

Early problems utilized a CompStat360 process that tested using 
different strategies in small areas, such as specific sectors within 
divisions, or a single division. The intention was to do projects on a 
smaller scale to avoid wasting time, effort, and money, as opposed to 
taking the risks of implementing large scale treatments across the 
entire city. The department believed this approach would make it easier 
to acknowledge failure or make significant adjustments to a strategy.

In most police agencies, projects and initiatives get divvied up into 
various organizational silos based on the structure of the agency. Take 
the example of a motel that is the source of many police calls for 
service, drug activity, alleged prostitution as well as human 
trafficking, and numerous neighborhood complaints. A problem-solving 
project to deal with this situation would typically fall to officers in 
the field services (patrol) bureau.

Prior to adopting CompStat360, TPD's approach tacitly encouraged 
``siloed'' problem-solving. Under the new program, commanders were 
directed to look beyond their bureaus, even beyond the department, in 
establishing ad-hoc multidisciplinary teams (MDTs) to address problems 
more holistically. For example, there is likely a role for narcotics 
detectives from the Investigations Bureau to help with the motel case. 
Perhaps the Training Division could also play a role in educating 
officers on how to identify and address human trafficking cases.

Looking beyond the police department, it might make sense to involve 
other city or county departments such as Code Enforcement and Public 
Health. Some of the best members of an MDT may not even be within the 
government. Involving advocates from nonprofit agencies that work with 
victims of human trafficking or that serve persons with substance abuse 
disorders could be vital to a project's success.

The Police are the Community; the Community are the Police

The debate, as it were, on involving the public in CompStat generally 
centers around how open the meetings are to the community. Many police 
departments' cultures become tainted by a damaging mix of patronizing 
paternalism and defensive isolation. TPD, both during these early 
stages and now, believes public participation in CompStat meetings 
should be a given, especially with the opportunities for virtual 
participation that have become widely utilized during the COVID-19 
pandemic.

TPD is not without its own culture challenges. True community 
involvement has proved to be hard earned. ``Letting members of the 
community help'' with mostly menial or insignificant duties is not 
enough. Instead, meaningful inclusion assures community members a voice 
in developing problem-solving strategies. They must be on equal 
standing with ``the experts'' from the department or other government 
entities. Moreover, they must be fully utilized as advocates for change 
with their own constituencies outside of city government.

Ultimately the department's priorities must match the community's 
priorities. members of the department must work closely with community 
members to identify those priorities. Active community engagement 
involves more than sending officers to neighborhood meetings. It 
requires gathering feedback from calls for service, conducting 
listening sessions and surveys, and seeking participation from 
community members through advisory boards and committees. These 
activities take time and involve relationship-building. It is not easy 
for members of a police department to learn how to listen rather than 
to talk and prescribe. This kind of learning is a gradual process that 
requires time and patience.

Opportunity Found

The emphasis on MDTs to do problem-solving has taken on new relevance 
as many communities move to shift responsibilities away from the police 
and into the hands of other service providers. TPD's CompStat360 model 
discourages an ``all or nothing'' approach. MDTs encourage police, 
other governmental agencies, nonprofits, and community groups to work 
together. This type of team allows them to combine their collective 
resources and expertise to address problems previously too complex or 
intractable for them to solve on their own.

Unlike traditional CompStat, all commanders and chiefs are not gathered 
together for tedious monthly meetings focused on recitations about 
crime data and issues within various divisions. There is an expectation 
that division commanders be aware of the relevant data about crime in 
their areas so they can meaningfully contribute to discussions. But the 
department is determined not to let CompStat360 meetings become ``show-
and-tell'' sessions where commanders make themselves look good at the 
expense of others.

Instead, monthly meetings are an opportunity to bring middle and upper-
level management together to discuss what they're trying to accomplish. 
They can talk about the approaches and methods they're using. These 
meetings are also a chance to consider additional data they may need to 
be successful, their progress in meeting benchmarks, and the overall 
status of their problem-solving efforts. Describing a failure is just 
as legitimate as illustrating success. Questions from others, not just 
the chief running the meeting, are welcome and never meant to make the 
presenters ``look bad'' or to embarrass anyone, but rather to promote 
organizational learning.

The goal of TPD's CompStat360 meetings is to share wins and insights 
that might be beneficial to the larger group. Commanders are encouraged 
to bring team members with them to participate in the discussions, 
answer questions, and receive kudos associated with their work. The 
CompStat360 process must be recognized by first-line supervisors and 
mid-managers as relevant, helpful, and pragmatic.

It's also important to note that not all CompStat360 problem-solving 
initiatives need to be about crime, traffic, or other community issues. 
TPD has recognized that a critical component of procedural justice is 
internal procedural justice. Addressing the concerns and needs of 
agency members is paramount. Issues like disciplinary standards, policy 
changes, and morale are of great consequence to the department's 
personnel. If the goal of this model is to tackle problems from a 
``360'' perspective, teams must also address these internal 
considerations.

The future of the ``new and improved CompStat'' at TPD is both daunting 
and exciting. The department is committed to continued experimentation, 
partnerships, and learning. CompStat360-type programs, no matter the 
name or brand, are essential if police agencies are committed to 
exceptional responsiveness, transparency, and accountability to their 
external and internal customers, both now and in the future.

Conclusion

CompStat360 was built on the evidence of what works in policing. This 
includes lessons from crime suppression, collaborative engagement in 
co-producing public safety, organizational effectiveness and wellness, 
as well as performance measurement and management. At its core, 
CompStat360 is a tool that goes beyond the numbers by measuring and 
managing three overlapping dimensions: (1) prevent, interrupt, and 
solve crime; (2) maximize organizational effectiveness; and (3) 
integrate community and governmental partners.

The research and development that underpins CompStat comprehensively 
examined literature and models informing the success and failures of 
the various approaches that have been applied to inform police 
operations and the adoption of evidence-based policing practices. 
Examining failed approaches is equally as important as identifying 
those deemed successful. While the lessons learned from failure tend to 
be overlooked, quickly buried, and infrequently used to help improve 
policy and practice, much can be learned from unsuccessful approaches.

The CompStat360 model intentionally sought to not only incorporate the 
lessons learned from failure, but to privilege this information so as 
to learn from and build upon this evidence base. Embracing and learning 
from failure underlines CompStat360's formation and is also reinforced 
in the adoption and practice of the model itself. Indeed, CompStat360's 
iterative approach and intentional feedback loops serve as a case study 
for incorporating evidence-based policing in daily police and public 
safety functions.

While CompStat360 offers an evidence-based approach, as a theoretical 
construct and practical model, it does face its own challenges and 
failures. As the TPD Comp
Stat360 case study illustrates, the model presented difficulties in 
terms of its implementation and operational components. The research-
based model left some practitioners' questions and needs unmet. 
Moreover, from a researcher's perspective, aspects of CompStat360's 
implementation and adoption may be difficult to isolate and measure, 
leaving questions about the model's impact and effectiveness 
unanswered.

CompStat360 does however offer several unique and important 
contributions to the field of evidence-based policing. CompStat360's 
origins and early adoption include a practitioner-researcher commitment 
to learn from success and failure. This open and trusting dialogue 
allows the involved agency to apply lessons learned in real-time and 
for the field at large to benefit from the acquisition of this 
knowledge. CompStat360's collaborative approach in partnering with 
other agencies and community members directly offers an engagement 
model that is rooted in evidence. Shared accountability and 
responsibility are essential to achieving a policing paradigm that 
embodies the notion that the police are the community and the community 
are the police. Through problem-solving and multi-disciplinary teams, 
Comp-Stat360 leverages the evidence base to include stakeholders from 
rank-and-file officers to community leaders and may in between. This 
collaborative approach is critically needed in policing.

CompStat360 offers a nimble and collaborative framework that can be 
adapted to strategically address a wide variety of concerns. With a 
commitment to learn and grow, CompStat360 contributes to the knowledge 
of what works in policing, as well as approaches to enhance and co-
produce community safety and wellness. Though still in its infancy, 
CompStat360, and the data-driven approaches that comprise it, offer 
great promise to incorporate evidence-based policing in daily police 
practices.

References

Bratton, W., and Knobler, P. (1998). The Turnaround: How America's top 
        cop reversed the crime epidemic. New York, NY: Random House.

CompStat360a. CompStat vs CompStat360, www.compstat360.org/wp-content/
        uploads/2018/05/CompStat360_Comparison.pdf.

CompStat360b. CompStat360: Stakeholder roles and responsibilities, www.
        compstat360.org/wp-content/uploads/2018/05/
        CompStat360_Stakeholders.pdf.

CompStat360c. CompStat360 Research and Development, 
        www.compstat360.org/wp-content/uploads/2018/05/
        CompStat360_Research-Development.pdf.

CompStat360d. Strategic Problem Solving and CompStat360, www.
        compstat360.org/wp-content/uploads/2018/05/
        CompStat360_Strategic-Problem-Solving.pdf.

Dance, G. and Meagher, T. (2016, August 18). Crime in context: Violent 
        crime is up in some places but is it really a trend? Marshall 
        Project, Retrieved from www.themarshallproject.org/2016/08/18/
        crime-in-context.

Maple, J. (2000). The crime fighter: How you can make your community 
        crime free. New York, NY: Broadway Books.

McGuire, P.G. 2000. The New York Police Department COMPSTAT process: 
        Mapping for analysis, evaluation, and accountability. In 
        Goldsmith, V., McGuire, P.G., Mollenkopf, J.H., and Ross, T.A., 
        Analyzing crime patterns: Frontiers of practice (pp. 11-22). 
        Thousand Oaks, CA: SAGE Publications, Inc.

Neusteter, S.R. and O'Toole, M. (2019). CompStat models of performance 
        management. Oxford Bibliographies in Criminology. DOI: 10.1093/
        OBO/978019539
        6607-0264.

O'Connell, P.E. and Straub, F. (2007). Performance-based management for 
        police organizations. Long Grove, IL: Waveland Press, Inc.

Police Executive Research Forum. 2013. Compstat: Its origins, 
        evolution, and future in law enforcement agencies. Washington, 
        DC: U.S. Department of Justice: Bureau of Justice Assistance, 
        https://bja.ojp.gov/sites/g/files/xyckuh186/files/Publications/
        PERF-Compstat.pdf.

Shah, S., Burch, J., and Neusteter, S.R. (Eds.) 2018. Leveraging 
        CompStat to include community measures in police performance 
        management: Perspectives from the field (2015-CK-WX-K013) 
        (www.compstat360.org/wp-content/uploads/2018/05/
        Leveraging_CompStat.pdf). New York, NY: Vera Institute of 
        Justice.

Sherman, L.W. 2004. Fair and effective policing. In J.Q. Wilson and J. 
        Petersilia (Eds.), Crime: Public policies for crime control 
        (pp. 383-412). Oakland, CA: ICS Press.

Walsh, W.F., and Vito, G.F. 2004. The meaning of Compstat: Analysis and 
        response, Journal of Contemporary Criminal Justice, 20(1), 51-
        69, https://doi.org/10.1177/1043986203262310.

Weisburd, D., Mastrofski, S.D., Greenspan, R., and Willis, J.J. 2004. 
        The growth of Compstat in American policing. Washington, DC: 
        Police Foundation.

                                 ______
                                 
           Questions Submitted for the Record to Chris Magnus
                 Questions Submitted by Hon. Ron Wyden
              commitment on forced labor and transparency
    Question. If confirmed, you will be overseeing the full gamut of 
U.S. efforts to exclude products made with forced labor from commerce--
including investigations, remediation where possible, and prohibiting 
the entry of products determined to be made with forced labor. In this 
capacity, you have to work with humanitarian groups, foreign 
governments, third-party auditors, importers, and others to stop these 
practices. At the same time, you have to facilitate the flow of 
legitimate trade.

    It is critical that all stakeholders understand what CBP is doing 
and the magnitude of your work. CBP already provides quarterly data on 
the number of Withhold Release Orders issued, the number of shipments 
stopped, and the value of that cargo. That is essentially the final 
results of your work, but there is very little insight into the front 
end or investigation stage.

    In line with recommendations made to CBP by the Government 
Accountability Office (GAO) in October 2020, if confirmed, will you 
commit to provide public summary data describing the number of 
allegations received, open investigations, suspended or inactive 
investigations, and other relevant information on a regular basis?

    Answer. Forced labor is an assault not only on bedrock American 
values, but on American companies' ability to compete in a fair 
marketplace. If confirmed, I absolutely commit to providing the data 
you request, consistent with GAO's recommendations to CBP.

    As we discussed, it is important that CBP strike a balance between, 
on the one hand, ensuring sufficient transparency so that good actors 
have the information they need to comply with rules and regulations 
relating to forced labor content--and on the other hand, protecting the 
integrity of ongoing investigations into potential bad actors.

    I believe that the vast majority of companies want to play by the 
rules. If confirmed, I will work hard to ensure that these companies, 
including small businesses and mom and pop shops without the resources 
of large corporations, have the information they need to succeed in 
doing so. I appreciate your leadership on this issue, and would look 
forward to working with your office and this committee, as well as with 
GAO, to address this critically important issue.
         commitment on tech--electronic device border searches
    Question. As Commissioner, you'll have authority over CBP's 
practices with respect to electronic device searches at the border. As 
you know, when Americans enter or leave the country, their phones and 
electronic devices can be searched without a warrant due to something 
known as the ``border search exception'' to the Fourth Amendment.

    I believe this exception is a load of baloney. Crossing the border 
shouldn't give the government a free pass to throw out our 
constitutional rights and thumb through our phones without any 
suspicion of wrongdoing.

    Now, the 9th Circuit has limited CBP's authority to conduct 
warrantless device searches to illegal content. However, everywhere 
else in the country, CBP can conduct warrantless searches for anything 
of interest.

    This double standard makes no sense. If confirmed, are you open to 
considering adopting the same policy, nationwide, that CBP already 
follows in our home States of Oregon and Arizona?

    Answer. Upholding Americans' constitutional rights to privacy is 
critically important to me. I believe we can respect Fourth Amendment 
protections against unreasonable search and seizure while ensuring our 
border is secure against threats to our national security. As a Police 
Chief in a community near the border, I have heard concerns from 
community members regarding secondary searches that they felt were not 
necessary, including seizures of phones and other devices containing 
their personal information.

    If confirmed, I absolutely commit to reviewing CBP's current 
policies relating to border searches to ensure they are based in 
evidence and firmly rooted in the Federal Government's statutory 
authorities. As part of that review, I certainly commit to closely 
reviewing the standard set by the 9th Circuit, and to considering 
adoption of that standard at ports of entry nationwide, provided it is 
feasible to do so without compromising our national security. If 
confirmed, I look forward to working with your office on this important 
issue.
                                 taiwan
    Question. Taiwan is an important partner of the United States in 
the Indo-Pacific region. It is currently a member of our Visa Waiver 
program and Global Entry. I believe it is important to continue to 
strengthen and expand our cooperation with such a strong democratic 
partner.

    Taiwan applied to join CBP's Preclearance program last year. 
However, its application was rejected earlier this year without any 
political leadership at CBP.

    If you are confirmed, do you commit to review and reconsider 
Taiwan's application?

    Answer. I certainly recognize the importance of the United States' 
partnership with Taiwan and understand the significance of the 
relationships that CBP establishes with Taiwanese counterparts. While 
I'm not familiar with Taiwan's Preclearance application or the 
reasoning behind CBP's decision, I do know that the Preclearance 
program is an important tool in CBP's layered and risk-based approach 
to border and national security. I understand there are a number of 
standards and thresholds as part of CBP's process to establish a 
Preclearance location, and if confirmed, I would certainly review the 
application and decision made on Taiwan's application.
                         women in cbp workforce
    Question. An area of serious concern is CBP's standing as a Federal 
agency with the fewest women per capita in its workforce. The agency 
has long struggled to maintain a workforce of women. Recent reporting 
indicates that women make up 5 percent of CBP agents, while women 
typically comprise an average of 15 percent of the workforce in every 
other Federal law enforcement agency. In fact, the ratio of men to 
women among Border Patrol agents trails behind that of the U.S. 
Marines. This gender disparity affects CBP's ability to effectively 
represent the population it serves and may negatively impact the 
agency's ability to engage with women, families, and children.

    If you are confirmed, what steps will you take to address this 
gender disparity within CBP's workforce? Will you commit to seeking 
input from women currently and formerly employed by CBP for their 
insights on how CBP can better recruit and retain women to increase 
representation?

    Answer. I absolutely commit to working to address the significant 
gender disparity within CBP's workforce if I am confirmed as CBP 
Commissioner. As a law enforcement officer with 4 decades' experience, 
I know well the challenges we face in addressing gender disparity in 
policing. Like you, I believe that law enforcement agencies are at 
their best when they are representative of the communities and 
populations they serve. Our practices and policies are enriched and 
bettered when members of the force understand firsthand the concerns of 
those we serve. In CBP's case, those communities may be as diverse as 
the traveling public, the business community, and vulnerable asylum 
seekers.

    If confirmed, I will seek to understand the areas in which CBP may 
have fallen short in the past, including recruiting, pay, specific 
benefits and policies, retention, and professional development. I 
commit to working to identify and address any obstacles to hiring and 
retaining women in our workforce, including in CBP leadership.

    In addition, you have my commitment to seek out input from women 
who currently serve or have previously served within CBP and other 
Federal law enforcement agencies to understand what policies and 
practices may help to address gender disparities. Throughout my career, 
I have worked closely with many incredible women law enforcement 
leaders, and would hope to continue to draw on their collective wisdom 
in this area if confirmed, including when it comes to hiring for key 
leadership roles.

                                 ______
                                 
           Questions Submitted by Hon. Catherine Cortez Masto
    Question. If confirmed, will you consider placing trained child 
welfare professionals within CBP facilities that hold children and 
require proper training for all CBP personnel who interact with 
children?

    Answer. Throughout my career in public safety, few things have been 
more important to me than how we treat children. If confirmed, I will 
absolutely consider any and all measures we can take to improve the 
welfare of children in our care and custody, and that certainly 
includes requiring proper training and placing specialized 
professionals in CBP facilities if appropriate.

    As both President Biden and Secretary Mayorkas have said, a Border 
Patrol station is no place for a child. I agree firmly with their 
statements. My understanding is that this spring, the administration 
significantly decreased the amount of time children spent in CBP 
custody by surging vetting and other resources to the border. In 
addition, I understand that CBP has taken steps to hire contract 
medical specialists to provide care tailored to children in the 
agency's custody, and that similar efforts are proposed at our ports of 
entry. If confirmed, I am interested in learning more about this 
effort, and certainly support any efforts to ensure that children in 
CBP's care and custody receive necessary medical intervention and care 
as early as possible. I commit to making it a priority to understand 
what treatment is available to children in CBP's care, regardless of 
the duration of their time in our care, and to requesting additional 
resources from Congress as appropriate. I would be pleased to work with 
your office and this committee to do so.

    Finally, it is critical that all CBP personnel receive proper 
training to carry out their roles, especially those who may be coming 
into contact with vulnerable children. If confirmed, I would be happy 
to work with your office, and this committee, to identify and address 
any gaps in training.

    Question. If confirmed, how will you balance the need to facilitate 
efficient trade while keeping our ports safe and secure?

    Answer. I recognize that the core of CBP's mission is ensuring the 
safety and security of the American people, while also facilitating the 
flow of legitimate trade and travel through our Nation's ports of 
entry. Enforcing U.S. trade laws, while safeguarding the flow of lawful 
trade, helps ensure a balanced playing field for American workers, 
businesses, and consumers.

    If confirmed, I will work to ensure that CBP has the appropriate 
staffing levels at the ports to manage the efficient and secure 
clearance of cargo, and will not hesitate to advocate within the 
administration, and with Congress and this committee, for additional 
resources if necessary. I will also prioritize the development and 
modernization of technology resources, like the Automated Commercial 
Environment (ACE) system, inspection equipment, and other tools to meet 
the demands of both the facilitation and security missions.

    I also recognize that CBP's ability to successfully facilitate 
trade and enforce trade laws requires strong relationships with a wide 
array of stakeholders. The Commercial Customs Operations Advisory 
Committee (COAC) and other trade groups, small businesses, labor 
organizations, Federal, State, and local partners, and many others all 
have a role in facilitating the flow of legitimate cargo across our 
borders. I have built relationships with diverse groups of stakeholders 
throughout my law enforcement career, and would welcome the opportunity 
to continue to do so if confirmed to lead CBP.

    Question. Air travel and transport is crucial to my home State of 
Nevada's economy and the workers who make it a top global destination 
for visitors all over the world. We know our local economy still has 
further to go until we see business and international travel fully come 
back. As we welcome our international visitors back, we need to ensure 
that our customs and security operations are running as effectively as 
possible.

    What policies will you include at our airports to restore safe ease 
of entry to travelers seeking to visit places like Nevada and how will 
you work with our Airport Authority to ensure efficient transport of 
goods and trade compliance?

    Answer. Ensuring the efficient and secure flow of lawful trade and 
travel are primary missions for CBP, and are critical drivers for the 
Nation's economy, particularly at the State and local level. If 
confirmed, I will focus on staffing and technology to ensure the agency 
is prepared to meet rising need as international passenger traffic 
increases. I will review the agency's staffing processes to ensure that 
CBP is able to meet the passenger and cargo clearance demands across 
the country. The role of technology and automation in these processes 
cannot be overlooked, and I will leverage the agency's use of 
biometrics to speed traveler clearance, promote trusted traveler 
programs to expedite processing, and look to public-private 
partnerships to augment CBP's capabilities at key ports of entry.

    I will certainly be open to working closely with airport 
authorities, and other trade and travel stakeholder groups. In the 
course of my confirmation process, I have had the opportunity to meet 
with many of these groups and learn from them about the current 
challenges facing the industry, as well as potential solutions. If 
confirmed as CBP Commissioner, I will prioritize spending time in the 
field, meeting with the agency's frontline personnel, as well as the 
key partners with whom CBP works to efficiently facilitate and secure 
the movement of cargo and people across our borders. I will also 
encourage CBP's leaders and personnel in the field to build and expand 
upon relationships with those key stakeholders, improving communication 
at the local and regional levels to ensure coordinated facilitation and 
enforcement are the norm at the Nation's ports of entry.

    Question. In addition to ensuring that ports of entry at our 
domestic airports are adequately staffed to handle the increase in 
passengers once our international borders reopen, we also must make 
sure that staffing vacancies are filled at CBP's preclearance locations 
in Canada, the Caribbean, and elsewhere. These preclearance locations 
provide strategic screening operations before travelers and their 
baggage arrive in the United States, which strengthens our risk-based 
security system, relieves workload pressures at our domestic ports of 
entry, and expedites arriving passengers continuing on their journey.

    With preclearance staffing levels down significantly due to the 
COVID-19 pandemic, how do you plan to replenish the CBP officers at the 
preclearance locations?

    Answer. I certainly recognize that COVID-19 has dramatically 
impacted the volumes of international travel, and if confirmed, I will 
review CBP's staffing levels and processes across the organization. As 
with any staffing decisions, if confirmed, I will want to balance needs 
across all U.S. ports of entry and Preclearance locations, and will 
work closely with air carriers and foreign partners to ensure the 
agency meets the demands in those Preclearance locations. As you note, 
the agency must be prepared to meet the increasing volumes in 
international travel in order to serve our travelers here in the United 
States, and Preclearance is a key part of the agency's security and 
facilitation capabilities.

                                 ______
                                 
              Questions Submitted by Hon. Thomas R. Carper
              trade and expediting goods across the border
    Question. If confirmed, you will oversee the Office of Field 
Operations within CBP, which conducts inspections and enforces 
immigration and customs laws at designated ports of entry.

    As you know, U.S. ports are facing some of the heaviest congestion 
they have seen in years, and shipments of goods are being delayed 
across the country in large part due to the impacts of the pandemic.

    Senator Cornyn and I have introduced legislation, the Customs-Trade 
Partnership Against Terrorism or C-TPAT Pilot Program Act. This bill 
would expand a successful program within CBP that allows trusted 
merchants to voluntarily submit themselves to enhanced screening and 
information sharing in exchange for a fast-track customs clearance 
process for imported goods.

    If confirmed, will you commit to working with me and Senator Cornyn 
on this legislation?

    Answer. If confirmed as CBP Commissioner, one of my top priorities 
will be to ensure CBP does its part to ease historic congestion brought 
about by the COVID-19 pandemic at our ports of entry. As you know, the 
current supply chain challenges will require coordination and 
cooperation among many public and private sector partners, State and 
local governments, port authorities and operators, commercial operators 
in trade, freight, and logistics, and the labor organizations whose men 
and women transport and unload goods and crew cargo ships. CBP's role 
in screening and vetting cargo can be made more efficient through pilot 
programs such as C-TPAT, which allows merchants to provide additional 
information in order to receive expedited screening, similar to TSA's 
Pre-Check or CBP's Global Entry program.

    I appreciate your and Senator Cornyn's leadership to identify and 
expand this pilot program within CBP. If confirmed, I certainly commit 
to reviewing this legislation and would be happy to work with your 
offices to address this very important priority.

    Question. And additionally, if confirmed, what steps would you take 
to evaluate CBP's work to effectively screen freight at the border?

    Answer. If confirmed, I commit to learning as much as I can 
regarding CBP's freight screening operations at our ports of entry. As 
you note, historic supply chain difficulties brought about by the 
pandemic have highlighted the need for CBP to continue innovating to 
expedite screening at our ports of entry, while ensuring threat 
detection is not compromised.

    I understand that in recent years, significant investments have 
been made to modernize CBP's vehicle scanning platforms, including in 
places like the Port of Wilmington. I look forward to working with 
CBP's Office of Field Operations and INVENT office, among other 
entities within DHS, to learn more about current freight screening 
capabilities, as well as what is in development to detect ever-changing 
threats while ensuring speedy movement of goods through our 
checkpoints. In addition, I commit to an open dialog with your office, 
this committee, and CBP's stakeholder community to ensure concerns are 
speedily and securely addressed.
                           immigration reform
    Question. For years, I have worked with my colleagues on both sides 
of the aisle to achieve comprehensive immigration reform. 
Unfortunately, we still face a number of issues in our immigration 
system that need to be addressed.

    As you know, the men and women of CBP are on the frontlines each 
day confronting the challenges created by an immigration system in need 
of reform.

    To that end, what issues do you predict CBP will face given the 
need to drastically reform our Nation's immigration policies and 
procedures?

    Answer. As I noted in my confirmation hearing, I do believe our 
immigration system is fundamentally broken. Agents trained to secure 
the border between our ports of entry are often charged with processing 
vulnerable children and families seeking asylum protections at our 
borders, often in cramped Border Patrol stations far from needed 
medical services. In the course of my confirmation process, it has 
become clear that these concerns are shared by members and stakeholders 
from all parts of the political spectrum.

    Although the men and women of CBP have overwhelmingly risen to meet 
this incredibly difficult challenge, the current system has no doubt 
led to issues in terms of safety of migrants, Border Patrol agents, and 
border communities; border security between the ports of entry; and 
agent morale.

    If confirmed, I would certainly hope to work with Congress on a 
bipartisan basis to address the current, broken system.

    With that said, regardless of whether immigration reform is passed 
by Congress, if confirmed, I commit to acting as an honest broker to 
understand the law enforcement, border security, resource, and 
personnel challenges that CBP faces, and to identifying common-sense 
solutions wherever possible. As one example, I understand there is 
bipartisan agreement on the need to recruit and hire Border Patrol 
Processing Coordinators, a position that would reduce some of the 
current administrative burden on Border Patrol agents so they can get 
back to the roles for which they are trained, and to ensure CBP 
effectively meets its obligations within the asylum process. If 
confirmed, I would hope to identify solutions like these in a broad 
range of areas to address our current challenges. I am grateful for 
your continued efforts to advocate for bipartisan immigration reform, 
and if confirmed, I hope to work with you and this committee on 
commonsense solutions to address the challenges CBP currently faces.

    Question. How will you work with your counterparts to make sure 
these challenges are heard and addressed at all levels of the agency?

    Answer. A difficult challenge is that no single agency or even 
Department within the Federal Government has jurisdiction over the 
entire system. CBP, ICE, USCIS, HHS, DOJ, and other agencies each play 
a role in enforcing and administering laws relating to immigration and 
border security, and in caring for vulnerable children arriving at our 
borders. And the State Department has a large role to play in helping 
to address the conditions that lead so many, including from the 
Northern Triangle region of Central America, to make the journey to the 
U.S. Interagency cooperation and communication are therefore critically 
important to addressing the current challenges.

    If confirmed, I commit to building close working relationships with 
partner agencies within and outside of DHS, and to serving as an honest 
broker when it comes to CBP's needs on the ground. As a police chief, I 
believe in hearing from front-line officers and the community whenever 
possible. I will make it a priority to understand issues officers are 
seeing on the ground, and will share that intelligence to senior levels 
within the Department as best I can.

                                 ______
                                 
              Questions Submitted by Hon. Robert Menendez
                    cargo security and examinations
    Question. One third of all containers on the east coast of North 
America come through Port New York and New Jersey. In 2020 and despite 
the pandemic, the Port handled a record high 7.6 million TEUs. The Port 
of Newark is one of the largest ports in our Nation and contains 
multiple outlets to air, sea, and rail cargo.

    What is the percentage, on average, of cargo containers being 
scanned in our ports today?

    Answer. While I'm not aware of the specific percentages, if 
confirmed, I will certainly look into CBP's scanning capabilities. I 
look forward to working with your office to understand the specific 
needs or any gaps that may exist, and to address any concerns.

    Question. Non-Intrusive Inspection (NII) Systems are critical for 
CBP's ability to quickly and effectively examine large volumes of 
commercial traffic at our ports of entry, what factors are used by CBP 
to prioritize funding for (NII) systems between our land borders and 
seaports?

    Answer. While I'm not fully versed on CBP's criteria for 
prioritizing NII investments, I understand that Congress has provided 
significant funding in recent years to expand NII systems. If 
confirmed, I look forward to reviewing that process to understand how 
the agency makes funding decisions for these important systems, and 
would be pleased to work with your office to learn more about your 
priorities when it comes to screening at ports of entry.

    Question. NII technology is a cornerstone of CBP's multilayered 
strategy of enforcement. Is muon tomography scanning technology 
effective at identifying anomalies within the contents of dense cargo 
containers that enter our seaports?

    Answer. I agree that NII technology is a critical component in 
CBP's cargo security mission. While I'm not currently aware of muon 
tomography scanning technology's capabilities or effectiveness, if 
confirmed, I look forward to reviewing the technology to understand how 
it might augment the agency's current scanning capabilities at our 
seaports.
                    cbp oversight and accountability
    Question. During the hearing, you were asked about the incidents 
involving border patrol agents using force against Haitian migrants at 
the border in Del Rio, and about how you planned to make sure agents 
were following U.S. and international law when encountering asylum 
seekers and refugees at the border. You responded that you planned to 
rely on training and hiring practices to address the issue. A new Human 
Rights Watch report,\1\ details systematic abuses by border patrol 
agents from 2016-2021, including sexual assault, and a lack of 
accountability for those responsible for such abuses. The report relied 
on internal records that were released only as a result of Freedom of 
Information Act (FOIA) litigation.
---------------------------------------------------------------------------
    \1\ https://www.hrw.org/report/2021/10/21/they-treat-you-you-are-
worthless/internal-dhs-reports-abuses-us-border-officials#6949.

    What measures would you take as CBP Commissioner to address the 
concerns raised in this report? Please detail how will you bring 
specific accountability to individual victims and improve serious 
deficits in transparency, oversight, and accountability within the 
---------------------------------------------------------------------------
agency.

    Answer. Humane and respectful treatment of those with whom we 
interact is CBP's highest responsibility, and the allegations made in 
that report represent gross violations of that charge. I agree that a 
full, fair, and impartial investigation is necessary in any instance in 
which officers are alleged to have violated the law or policy, or 
mistreated migrants in any way. If confirmed, I will seek out the 
status of investigations relating to the allegations you mention, and 
to ensure action is taken in response to any allegations found to be 
substantiated.

    In my 13 years as a Police Chief, I have worked hard to establish 
the principle of ``internal procedural justice'' in each department I 
have led. This principle says that within a police department, officers 
should be able to understand the actions of their leadership, and face 
fair and predictable consequences for their own actions. My officers 
know that I believe in full, fair, and impartial investigations of any 
allegations of wrongdoing. They know that if they are found to have 
acted appropriately, I will stand behind them one hundred percent. 
Likewise, if they are found to be in the wrong, there will be swift, 
impartial accountability and consequences up to and including 
termination. This system provides justice not only for the public, and 
for the officers, but for the majority of their colleagues who carry 
out a difficult law enforcement mission under challenging circumstances 
honorably each day. If confirmed, I will set forth the same 
expectations for the men and women of CBP.

    Finally, I believe in candor and transparency with the public in 
the agencies I lead. Though this is not always the easiest or most 
politically advantageous path, I have found that sharing information 
with the public we serve, including about the challenges we face, is 
the only way for us to improve. If confirmed, I commit to working with 
this committee and others to improve oversight of CBP, and to 
requesting additional resources if needed.
    ``remain in mexico'' policy (migrant protection protocols, mpp)
    Question. The administration issued a memo to terminate the Trump-
era Return-to-Mexico (MPP) program in June of this year, but is now 
moving to reinstate the program as required by a Federal court order. 
Since the Biden administration took office, there have been another 
6,356 reports of kidnapping, rape, torture, and other attacks against 
migrants blocked at ports of entry or expelled to Mexico by DHS and 
forcibly returned to Mexico under MPP.

    Earlier this year, I urged the administration to issue a new 
termination memo for the Migrant Protection Protocols. A new DHS memo 
will help clarify that the agency was deliberate and thoughtful in its 
approach to rescission of MPP, and that the agency's decision was 
neither arbitrary nor capricious but a sound exercise of judgement 
after extensive review of both the MPP program's numerous problems and 
its fundamental lack of necessity.

    Will you work to support the process of issuing a new memo 
terminating the MPP program? Can you provide a timeline for when this 
memo will be issued?

    Answer. I share your humanitarian concerns regarding the previous 
iteration of the MPP program, and admire your leadership in encouraging 
treatment of migrants that upholds our responsibilities to provide 
asylum protections under the law. If confirmed as CBP Commissioner, I 
will uphold the law, including our statutory obligation to provide 
asylum protections to those found eligible and to secure our borders, 
as well as any court orders by which the Department and CBP are 
currently bound. I will certainly provide decision-makers within DHS 
and the administration with any information requested as they develop 
options to comply with recent court orders, while upholding our asylum 
obligations under statute.

    As I am not yet in the agency, I cannot speak to the timeline for a 
new DHS memo relating to the MPP program, and would refer you to the 
Department.

                                 ______
                                 
                 Questions Submitted by Hon. Mike Crapo
                        cbp commissioner duties
    Question. If confirmed, you will oversee the largest law 
enforcement agency and the second largest revenue-collecting source in 
the Federal Government. Your duties would cover the core missions of 
counterterrorism, border security, and trade enforcement, and 
facilitating travel of over 410million people through ports of entry, 
including managing nearly 60,000 employees and a budget of over $18 
billion--half of which is discretionary.

    Are you prepared to lead and carefully carry out these significant 
responsibilities? If so, can you tell me how your previous experience 
may qualify you to do so?

    Answer. As a Police Chief with 4 decades of law enforcement 
experience, I have a proven track record of transformational 
leadership, and a history of building diverse and unexpected 
stakeholder coalitions to further public safety objectives. I have 
lived alongside both borders, and have a keen understanding of the 
various ways trade and immigration can affect communities. And I 
believe that my reputation for serving as an honest broker, as well as 
a willingness to take politically unpopular positions, will serve me 
well in this role.

    Like many members of this committee, I am awed by CBP's storied, 
230-year history enforcing Customs laws and facilitating trade on 
behalf of the United States. The men and women I've met in the course 
of preparing for this role are exceptionally dedicated, knowledgeable, 
and competent, and I am committed to working hard to gain a fraction of 
their knowledge on the many complicated issues that make up the 
agency's trade portfolio. I also look forward to continuing to learn 
from members of this committee, many of whom have studied these issues 
for decades, as well as from the many members of CBP's large and 
diverse stakeholder community with whom I have interacted during this 
process--and to working together to address the various challenges 
facing our trade and border communities.

    In each of the police departments I have led, I have built 
relationships with city managers, mayors, and elected officials based 
on mutual candor and respect, even when we disagree. In negotiations 
with the union that represents my current officers, I won trust by 
listening to their needs and acting as an honest broker. Following 
those negotiations, I led a successful effort to convince Tucson's City 
Council to give our officers the largest pay increase in the city's 
history--an ambitious proposal which ultimately passed unanimously. Not 
only was this the right thing to do by my officers, but I believe it 
was necessary to ensure our highly trained officers would stay with the 
Department. If confirmed, I will act as an honest broker on issues 
affecting CBP's missions, and I will advocate fiercely to ensure the 
men and women who make up CBP's workforce receive fair pay and have the 
resources needed to do their jobs.

    Currently, I lead a department of over 1,000 employees in Tucson, 
AZ, less than an hour from the U.S. southern border. During previous 
surges, I have experienced firsthand the impacts on border communities 
when Federal agencies lack a plan to coordinate with State and local 
agencies to care for and house migrants. If confirmed, I would seek to 
improve those relationships. In addition, I will seek to the best of my 
ability to depoliticize the mission of CBP, and to reestablish a focus 
on professionalism, training, and building a culture of leadership and 
accountability, consistent with the high standard of trust our agents 
and officers hold with the public.

    As I mentioned during my confirmation hearing, there will no doubt 
be areas in which I take a different view than my colleagues in the 
administration. Throughout my career, I certainly have not been afraid 
to advocate politically unpopular positions if I believe they are in 
the best interests of my workforce and mission. With that said, I also 
will not shy away from the reality that some facets of our broken 
immigration system can only be addressed through legislative reform. As 
an outsider to the agency, I believe my fresh eyes and willingness to 
question standard practices may prove to be an asset as we look for 
ways to address the challenges at the southern border.

    Finally, I have focused throughout my career on the concept of 
``internal procedural justice,'' which says that within a police 
department, officers should be able to expect fair and predictable 
consequences for their actions. My officers know that I believe in 
full, fair, and impartial investigations of any allegations of 
wrongdoing. They know that if they acted properly, they will have my 
full support--and if they acted wrongly, there will be swift, impartial 
accountability and consequences up to and including termination.

    In recent years, much of the good work done by the men and women of 
CBP has been overshadowed in the public eye by reports of wrongdoing, 
often without any public resolution. If confirmed, I will work to 
promote a culture that rewards the overwhelming majority of CBP's 
workforce who do the right thing every day, while holding bad actors 
accountable.

                                 ______
                                 
                   trade facilitation and enforcement
    Question. The discussion regarding trade facilitation and trade 
enforcement is often discussed as a trade-off. In other words, if you 
want to process trade efficiently, you have to give up something in 
terms of security.

    To me, that's wrong. Trade facilitation and trade enforcement are 
complementary. Pre-screening at foreign ports, for example, reduces 
commercial burdens for goods, but also catches threats earlier.

    If confirmed, how would you work to address CBP's responsibilities 
with respect to trade facilitation and trade enforcement? Please 
include any particular programs or technologies which you think need 
prioritization, as part of your answer.

    Answer. I agree that both trade facilitation and enforcement must 
be complementary priorities, particularly within CBP's mission and 
operations. Effectively enforcing U.S. trade laws, while safeguarding 
the flow of lawful trade, helps ensure a balanced playing field for 
American workers, businesses, and consumers.

    If confirmed, I will ensure that CBP has the appropriate staffing 
levels at the ports to manage the efficient and secure clearance of 
cargo. I have heard about staffing needs in conversations throughout 
the nomination process, and I want to ensure that the agency is best 
able to meet the facilitation and enforcement needs at ports of entry 
nationwide. I would also want to extend this conversation to the 
agency's trade experts and leaders, with proper resourcing for key 
teams within the Office of Trade, the Centers of Excellence and 
Expertise, and other key areas that contribute to CBP's enforcement of 
forced labor, intellectual property rights, antidumping and 
countervailing duty, and other critical trade laws.

    I will also prioritize the development and modernization of 
technology resources, like the Automated Commercial Environment (ACE) 
system, inspection equipment, and other tools to meet the demands of 
both the facilitation and security missions. I have been encouraged to 
hear about CBP's efforts to modernize and innovate in both the 
facilitation and enforcement areas, particularly with tools like 
blockchain and data analytics. These tools become more important as our 
international trade and travel traffic increases, and as CBP staffing 
demands increase.

    I also want to ensure that CBP's efforts to modernize align with 
the agency's authorities, which is why, if confirmed, I commit to 
learning more about the 21st Century Customs Framework and how the 
agency can work with Congress to ensure CBP has the tools and 
authorities to meet the complex enforcement and facilitation needs of 
the international trade landscape.

    I also recognize that CBP's ability to successfully facilitate 
trade and enforcement trade laws requires strong relationships with a 
wide array of stakeholders. The Commercial Customs Operations Advisory 
Committee (COAC) and other trade groups, small businesses, labor 
organizations, Federal, State, and local partners, and many others all 
have a role in safeguarding the flow of legitimate cargo across our 
borders. I have built relationships with diverse groups of stakeholders 
throughout my law enforcement career, and would welcome the opportunity 
to continue to do so if confirmed to lead CBP.
                     21st century customs framework
    Question. A major CBP initiative is its 21st Century Customs 
Framework. A key element of it is to improve CBP's visibility into 
supply chains. Such visibility can help address any number of problems, 
including attempts to evade antidumping and countervailing duties.

    However, I want to make sure we do not simply collect data for the 
sake of having data. In fact, too much information can be 
counterproductive and prevent us from identifying threats or 
challenges. We need to collect the right type of data, and leverage it 
efficiently, including with stakeholders and our foreign partners.

    If confirmed, how would you make sure CBP's data collection efforts 
are not unreasonably burdensome?

    Answer. I agree that data collection and other enforcement efforts 
must not be overly burdensome, particularly for small businesses that 
may not have the same level of resources as larger companies. If 
confirmed, I will seek out input from the stakeholders most likely to 
be adversely impacted by any CBP data requirements. I know the 
Commercial Customs Operations Advisory Committee (COAC) plays an 
important advisory role, and I will engage closely with COAC to 
understand the impacts of any agency proposals. I would also expand 
these discussions to include other trade groups, small businesses, 
labor organizations, Federal agency partners, and many others that 
might impact or be impacted by CBP's facilitation and enforcement 
priorities. I have spent much of my career building relationships with 
a broad range of stakeholders, and would continue to do so if confirmed 
to lead CBP.
                          critical race theory
    Question. On June 10, 2021, the Federal Law Enforcement Officers 
Association (the Association), which represents Federal law enforcement 
officers and agents across 65 Federal agencies and supports U.S. Border 
Patrol Agents and Officers, issued a letter to the chairman and ranking 
member of the Senate Committee on Homeland Security and Governmental 
Affairs to express concern over a nominee's ``embracement of radical 
theories such as `critical race theory.' ''

    The Association letter called into question the ``nominee's ability 
to neutrality, fairness, and impartiality.'' It further explained that 
extremist views have no place in the Federal workforce, and that 
radical theories ``stand in stark contrast to the administration's own 
positions on wanting to unite our Nation.''

    Separately, the Association's leadership came out against President 
Biden's COVID-19 vaccine mandate that includes the Federal workforce, 
stating that it ``villainizes employees'' for having concerns or being 
hesitant to being vaccinated. The Association's President said that 
``our Federal Government should trust its employees to make their own 
medical decision under consultation with their doctor, not mandate by 
their employer.'' The Association's President is also quoted as saying 
that ``vaccination should be promoted through education and 
encouragement--not coercion.''

    Do you agree with the Association's position against President 
Biden's COVID-19 vaccine mandate, which includes the Federal workforce 
generally and U.S. Border Patrol Agents and Officers in particular?

    Answer. As a former paramedic and emergency medical technician with 
4 decades' experience in public safety, I take public health concerns 
very seriously. I am supportive of any and all appropriate measures 
necessary to combat the spread of COVID-19, including mandating 
vaccinations for Federal agents whose jobs entail frequent contact with 
the public.

    With that said, I commit to serving as an honest broker in 
understanding the concerns of CBP's workforce across all areas. If 
confirmed, one of my first priorities will be to spend time with front-
line agents to get a sense of the issues and concerns they face so that 
I am better able to advocate for their interests in the future. If 
there are reasonable steps I can take to show their concerns are being 
heard, I will always be open to doing so.

    Question. Do you agree with the Association's concerns about 
incorporating what it characterizes as ``radical theories such as 
`critical race theory,' '' given the Association's suggestion that 
embracing such ideology within the Customs and Border Protection agency 
could call into question issues of neutrality, fairness, and 
impartiality?

    Answer. If confirmed as CBP Commissioner, I will view it as my 
responsibility to foster an inclusive and professional environment in 
which officers, agents, and administrative personnel treat one another 
with respect, enjoy the support of their respective leadership teams, 
and feel empowered to contribute to CBP's mission to the best of their 
ability each day. I believe that the principles of equality, fairness, 
and mutual respect are critical to such an environment.

    Question. The Federal Law Enforcement Officers Association (the 
Association), on September 28, 2021, issued a press release expressing 
its support for U.S. Border Patrol Agents and Officers working to 
maintain safety and security at our borders. According to the press 
release:

        The administration repeatedly claims ``the border is not 
        open,'' yet the wave of individuals entering the country 
        illegally and the lack of resources and personnel to respond to 
        these entrances makes it clear the border is functionally open. 
        . . . The administration must be honest about the crisis on the 
        ground and give Federal law enforcement officers deployed to 
        our borders the tools to enforce the law. . . . The answer is 
        simple; the administration must reinstitute the border policies 
        that work, including the Remain in Mexico policy and denial of 
        asylum or other claims without the supporting evidence. The 
        safety of all Americans requires a return to rule of law at the 
        border.

    Do you agree with the Association's assessment of a crisis 
situation at the border and, if not, what, in particular, do you 
disagree with in the portions of the Association's September 28, 2021 
press release provided above?

    Answer. If confirmed as CBP Commissioner, my job will be to enforce 
the laws as written by Congress and interpreted by the courts. I agree 
that the current level of encounters at the southwest border presents 
significant challenges, particularly combined with an immigration 
system that most members seem to agree is broken. Border Patrol agents 
are often charged with performing administrative and processing roles 
they were not hired to do, and for which they may lack training. This 
situation presents difficulties not only for the agents, who face low 
morale at a time of very high encounters, but for migrant safety and 
the integrity of our asylum system, which is not adequately staffed to 
adjudicate claims quickly.

    If confirmed as CBP Commissioner, I will be responsible for 
enforcing the law and facilitating trade. I will advise decisionmakers 
regarding what I see on the ground, and will advocate for resources, 
staffing, training, and support to allow CBP's workforce to carry out 
its mission. In some cases, this will mean hiring additional Border 
Patrol Processing Coordinators to assist in transferring vulnerable 
minors to HHS custody, or helping ensure asylum seekers are processed 
in a safe, fair, and orderly manner. In others, it may mean advocating 
for investments in technology, such as surveillance towers, sensors and 
other detection capabilities; recruiting and pay incentives; and other 
resources in order to help agents and officers do their jobs 
efficiently and safely.

                                 ______
                                 
               Questions Submitted by Hon. James Lankford
    Question. As you are aware, over 1.5 million migrants were 
encountered by CBP this fiscal year. Of those 1.5 million, 958,795 were 
processed under title 42 and 582,856 were processed under title 8.

    Has title 42 been an effective tool for managing the flow of 
migrants to the southwest border?

    Answer. As you know, title 42 is a public health authority held by 
the CDC, and my understanding is that it has proven to be an effective 
and useful tool to limit entry into the country as public health 
authorities have worked to slow the spread of COVID. With that said, I 
agree with many who say that we need a plan for when the public health 
emergency ends, as we cannot rely on this temporary authority on a 
permanent basis for border enforcement.

    Question. What are your plans for managing the flow of migrants to 
the southwest border after the CDC lifts the title 42 authority?

    Answer. If confirmed as CBP Commissioner, my responsibility will be 
to enforce the law. I agree that public health authorities designed to 
slow the spread of a pandemic should not be used or viewed as a method 
to have a functioning immigration system. If confirmed, I commit to 
quickly review and assess the current planning for the end of title 42, 
and to working with your office and others as appropriate to ensure CBP 
has the tools it needs, including through comprehensive reform to fix 
the current, broken system.

    Question. The Obama administration called for certain reforms to 
the asylum process, including to the Trafficking Victims Protection 
Reauthorization Act of 2008, to address the treatment of unaccompanied 
minors who cross the southwest border.

    Do you believe that reforming section 235 of the Trafficking 
Victims Protection Reauthorization Act, specifically the provisions 
regarding unaccompanied minors from contiguous countries, would make 
your job more or less difficult? Why?

    Answer. I am not intimately familiar with the details of section 
235 of the Trafficking Victims Protection Reauthorization Act, but if 
confirmed, I commit to learning about this legislation, including from 
my colleagues from the State Department and from your office and others 
in Congress. Speaking very broadly, it is apparent to me that a severe 
backlog of cases in immigration courts means we are unable to 
expeditiously grant asylum protections to those who are eligible, while 
quickly sending others home--the hallmark of a functioning system. In 
the course of my confirmation process, it has become clear that these 
concerns are shared by members and stakeholders from all parts of the 
political spectrum, and if confirmed, I will continue to urge Congress 
to take up bipartisan reform, as I believe it is crucial to improving 
our border security while ensuring fairness for migrants.

    Question. During the hearing and in our meeting, we discussed the 
need to reform the asylum program in order to ensure it works properly.

    What specific aspects of the asylum program need reform, and what 
does that reform look like in your opinion?

    Answer. As you and I discussed, it is clear to me that our 
immigration system is broken. Under the current system, we are unable 
to expeditiously grant asylum protections to those who are eligible, 
while quickly sending others home--the hallmark of a functioning 
system. Agents hired and trained to secure the border between our ports 
of entry are often charged with processing vulnerable children and 
families seeking asylum protections at our borders, often in cramped 
Border Patrol stations far from needed medical services. As we have 
seen in previous years, as well as this summer, unanticipated surges of 
large numbers of migrants to our southern border can overwhelm CBP 
resources and capacity in any given sector, leading to safety and 
health risks for both migrants and CBP personnel. In the course of my 
confirmation process, it has become clear that these concerns are 
shared by members and stakeholders from all parts of the political 
spectrum.

    If confirmed, my responsibility will be to enforce the law and 
facilitate trade, not to set immigration policy. With that said, I 
certainly commit to advising decisionmakers, including Congress, 
regarding what I see on the ground, to advocating for adequate 
resources, staffing, training, and support to allow CBP's workforce to 
carry out its mission, and to working cooperatively with Congress on a 
bipartisan basis to provide CBP input on legislative proposals to fix 
our broken immigration system.

    Question. During the hearing, you stated that you believed the 
border situation was ``urgent'' but you failed to call the ongoing 
situation a crisis. Leaked information obtained by The Washington Post 
and NBC News suggests that CBP encountered more than 192,000 migrants 
during September 2021. Assuming these numbers are accurate, CBP would 
have encountered over 1.7 million migrants this fiscal year--the most 
in recorded history.

    Can you please share your assessment of this ongoing situation at 
the southwest border and the administration's response to that 
situation?

    Answer. I agree that the current level of encounters at the 
southwest border presents significant challenges. Border Patrol agents 
are often charged with performing administrative and processing roles 
they were not hired to do, and for which they may lack training. This 
situation presents difficulties not only for the agents, who face low 
morale at a time of very high encounters, but for migrant safety and 
the integrity of our asylum system, which is not adequately staffed to 
adjudicate claims quickly. What's more, as we have seen in previous 
years, as well as this summer, unanticipated surges of large numbers of 
migrants to our southern border can overwhelm CBP resources and 
capacity in any given sector, leading to safety and health risks for 
migrants and CBP personnel, increased time in CBP custody for 
unaccompanied minors, and transportation and logistical challenges that 
might otherwise be avoided. Although the men and women of CBP have 
overwhelmingly risen to meet this incredibly difficult challenge, the 
current system has no doubt led to issues in terms of safety of 
migrants, Border Patrol agents, and border communities; border security 
between the ports of entry; and agent morale.

    As I noted in my confirmation hearing, I do believe our immigration 
system is fundamentally broken. In the course of my confirmation 
process, it has become clear that these concerns are shared by members 
and stakeholders from all parts of the political spectrum. If confirmed 
as CBP Commissioner, my job will be to enforce the laws as written by 
Congress and interpreted by the courts--but I would also certainly hope 
to work with Congress on a bipartisan basis to address the current, 
broken system.

    Question. If confirmed, you have committed to ``making a 
difference.'' What steps would you take to make a difference with 
regards to the ongoing situation at the Southwest border?

    Answer. If confirmed, I commit to acting as an honest broker to 
understand the law enforcement, border security, resource, and 
personnel challenges that CBP faces, and to identifying common-sense 
solutions wherever possible. As one example, I understand there is 
bipartisan agreement on the need to recruit and hire Border Patrol 
Processing Coordinators, a position that would reduce some of the 
current administrative burden on Border Patrol agents so they can get 
back to the roles for which they are trained, and to ensure CBP 
effectively meets its obligations within the asylum process. If 
confirmed, I would hope to identify solutions like these in a broad 
range of areas to address our current challenges, and to work with you 
and this committee on commonsense solutions to address the challenges 
CBP currently faces.

    In addition, throughout my career, I have worked hard to improve 
officer morale in the Departments I've led, including by addressing 
resource issues, as well as tough topics like officer resiliency and 
mental health. If confirmed, I want to do as much as I can to improve 
morale, resiliency, and retention within Border Patrol, the Office of 
Field Operations, Air and Marine Operations, and CBP generally.

    CBP's officers and agents have a challenging job, and remote areas 
near our borders in particular are difficult areas for recruiting and 
retaining personnel. As CBP Commissioner, I do not intend to try to 
lead from my desk, but instead want to get out to the borders and ports 
of entry to speak with frontline agents and officers, and understand 
the issues they experience when it comes to resourcing, training, and 
support from their leadership. In addition, I would look forward to 
working with your office to better understand the concerns you have 
heard, and to identify solutions to address them.

    Question. Given that around 1.7 million migrants illegally crossed 
the border this year, what operational or policy changes that have been 
implemented by the current administration should be changed in order to 
make a difference and respond to the ongoing crisis? If confirmed, what 
will your plans be for implementing those policy changes?

    Answer. If confirmed as CBP Commissioner, I will be responsible for 
enforcing the law and facilitating trade. I certainly agree with you 
that the current level of encounters at the southwest border presents 
significant challenges. If confirmed, I commit to acting as an honest 
broker to advise decisionmakers regarding what I see on the ground, 
including what I'm hearing from frontline Border Patrol agents.

    In addition, I will absolutely advocate for resources, staffing, 
training, and support needed to allow CBP's workforce to carry out its 
mission. In some cases, this will mean hiring additional Border Patrol 
Processing Coordinators to assist in transferring vulnerable minors to 
HHS custody, or helping ensure asylum seekers are processed in a safe, 
fair, and orderly manner. In others, it may mean advocating for 
investments in technology, such as surveillance towers, sensors and 
other detection capabilities; recruiting and pay incentives; and other 
resources in order to help agents and officers do their jobs 
efficiently and safely. Finally, I will continue to urge Congress to 
take up bipartisan legislative reform, as I believe it is crucial to 
improving our border security while ensuring fairness for migrants.

    Question. The Fifth Circuit ordered that the Biden administration 
resume the Migrant Protection Protocols. If confirmed, you would be 
involved in this process.

    Have you received any briefings from CBP or DHS on the resumption 
of the Migrant Protection Protocols?

    Answer. The briefings I received from CBP or DHS regarding the 
resumption of the Migrant Protection Protocols only included publicly 
available information.

    Question. If confirmed, what steps would you take as CBP 
Commissioner to comply with the Fifth Circuit's order and resume the 
Remain in Mexico program?

    Answer. If confirmed as CBP Commissioner, I will uphold the law, 
including our statutory obligation to provide asylum protections to 
those found eligible and to secure our borders, as well as any court 
orders by which the Department and CBP are currently bound. I will 
certainly provide decisionmakers within DHS and the administration with 
any information requested as they develop options to comply with recent 
court orders while upholding our asylum obligations under statute.

    Question. Have you met with the Border Patrol Council prior to your 
nomination hearing? If confirmed, what will your relationship to the 
Border Patrol Council be?

    Answer. I have met with the Border Patrol Council prior to my 
nomination hearing, and they have a standing invitation to come and 
meet with me in Tucson whenever they would like. In each of the police 
departments I have led, I have placed great importance on relationships 
with my officer, including the labor unions that represent them. In 
negotiations with the union that represents my current officers, I won 
trust by listening to their needs and acting as an honest broker. 
Following those negotiations, I led a successful effort to convince 
Tucson's City Council to give our officers the largest pay increase in 
the city's history--an ambitious proposal which ultimately passed 
unanimously. Not only was this the right thing to do by my officers, 
but I believe it was necessary to ensure our highly trained officers 
would stay with the Department.

    If confirmed as CBP Commissioner, one of my first priorities will 
be to spend time with front-line agents to get a sense of the issues 
and concerns they face so that I am better able to advocate for their 
interests in the future. If there are reasonable steps I can take to 
show their concerns are being heard, I will always be open to doing so. 
I will act as an honest broker on issues affecting CBP's missions, and 
I will advocate fiercely to ensure the men and women who make up CBP's 
workforce have the resources needed to do their jobs.

    Question. During the hearing, Senator Warren asked you about the 
incident in Del Rio involving horseback units in U.S. Border Patrol. 
You answered that the ``images were troubling'' and that you thought it 
was ``very important that we be fair and allow the investigation to 
move in whatever direction it does as facts are gathered.'' You then 
commented that you were not going to ``prejudge'' the investigation.

    As you are aware, President Biden stated in response to the images: 
``I promise you: those people will pay. . . . There is an investigation 
underway right now and there will be consequences. . . . It's an 
embarrassment. It's beyond an embarrassment. It's dangerous, it's 
wrong. It sends the wrong message around the world. It sends the wrong 
message at home. It's simply not who we are.''

    In light of the remarks quoted above, do you believe that President 
Biden has ``prejudged'' the investigation? Please answer ``yes'' or 
``no.''

    In light of the remarks quoted above, do you believe that President 
Biden's comments were ``fair'' to the parties involved? Please answer 
``yes'' or ``no.''

    Have you received any briefing or information on this investigation 
or situation prior to your hearing?

    If you are confirmed and the parties involved are cleared of 
wrongdoing upon conclusion of the investigation, will you commit to 
providing a public apology to the parties involved?

    Answer. As a police chief for over 13 years, my job has been to 
ensure my workforce has the full support of its leadership, while 
making clear that any allegations of wrongdoing will be swiftly 
investigated, and substantiated allegations met with swift, impartial 
consequences. If confirmed as CBP Commissioner, I will make the same 
commitment to the men and women of CBP. I have not been briefed on any 
non-public information relating to this incident, but my understanding 
based on public information is that the investigation is ongoing, and 
that findings are results have not yet been shared. If confirmed, I am 
committed to transparency and accountability, and would see no problem 
with releasing the results of the investigation to Congress, and if at 
all possible, the public. In addition, you have my commitment that I 
will fiercely advocate for the independence of internal investigations 
within CBP.

    With that said, in general, I shared the reaction of many to the 
images we saw from Del Rio. Regardless of whether policies were 
violated, a discussion about tactics is in order. As a Police Chief, I 
have long questioned the appropriateness and safety of using horse 
patrols to apprehend subjects in crowds or within close proximity, 
rather than for transport through remote areas and tracking and 
detection. I believe this practice risks the safety of officer and 
subjects. If confirmed, I commit to better understanding the use of 
horse patrol in crowds, and would be happy to share my findings with 
Congress.

    Question. There are different technological solutions to addressing 
drug interdictions at our ports of entry, and these solutions implicate 
a complex acquisition process.

    Can you walk me through your understanding of the technologies that 
are available for drug interdiction at our ports?

    Answer. My understanding is that CBP takes a layered approach to 
drug interdiction at ports of entry, using an array of technology and 
capabilities to target, inspect, and ultimately interdict illicit drugs 
at ports of entry. This includes sophisticated automation and targeting 
tools, which use intelligence and advance information to identify 
potential smuggling attempts before even reaching a port. At the ports, 
technologies like non-intrusive inspection equipment allow CBP 
personnel to scan cargo containers, vehicles, and packages to detect 
opioids or other illicit narcotics. I also recognize from my years in 
law enforcement that other tools and capabilities, like drug-detection 
canines, are an important and effective complement to higher tech 
solutions. While all these tools are critical to stopping drugs from 
entering the U.S., it is important that they be integrated in a way 
that serves CBP personnel, and allows CBP Officers to quickly clear 
legitimate cargo and travelers, and focus on the enforcement mission.

    If confirmed, I will work closely with your office, the committee, 
and leaders and experts in the technology sector to understand what 
other innovations are available and could be effectively and 
efficiently implemented in the field.

    Question. What inspection processes are in place for northbound 
traffic at our ports of entry, and how would you improve those 
processes to better catch the drugs that flow through those ports?

    Answer. While I am not fully versed on CBP's inspection processes 
at ports of entry along the southwest border, I know that the agency 
employs a layered, risk-based approach to inspecting northbound cargo 
and travelers. This starts with advanced targeting and analytics, using 
data, intelligence, and information sharing to identify potential bad 
actors and criminal networks attempting to smuggle illicit narcotics 
into the U.S. This targeting process, led in large part by the agency's 
National Targeting Center, puts actionable information in the hands of 
CBP personnel at the ports, who can use scanning technology, canines, 
and their training to effectively identify and interdict northbound 
narcotics smuggling attempts.

    If confirmed, I will spend time with CBP's experts to get a better 
understanding of what needs exist in the field, and to identify gaps 
where technology, staffing, information sharing, or other tools can 
enable them to more effectively interdict illicit drugs. I will also 
establish relationships with my counterparts in Mexico to see where 
better intelligence and information sharing could support our work at 
the ports. I will also be eager to learn from you and your staff about 
what gaps may exist, where technology may be available, and what 
partnerships could help CBP more effectively stop the flow of drugs 
into the U.S.

    Question. What inspection processes are in place for southbound 
traffic at our ports of entry, and how would you improve those 
processes to better catch the firearms and cash that flow through those 
ports?

    Answer. I share you concerns about the southbound flows of cash and 
firearms from the U.S. If confirmed, I will certainly work with CBP's 
experts and others to gain a better understanding of the specific 
inspection and enforcement efforts underway. There is also an important 
role for CBP's partners at the Federal, State, and local levels. From 
my time in local law enforcement, I know that departments and agencies 
at all levels, particularly those operating near the southwest border, 
have access to information that could be useful to southbound 
interdiction efforts. I will encourage CBP's field and headquarters 
leadership to better gather and share information that would enhance 
the enforcement mission. I would take a similar approach with 
counterparts in Mexico, working with them to gain a clearer 
understanding of areas for further collaboration that might enable 
better southbound enforcement.

    Question. What are your plans for addressing the different 
standards for inspection and for more quickly acquiring and deploying 
effective tech?

    Answer. If confirmed, I will certainly look into inspection 
standards for both northbound and southbound traffic, as well as the 
technology acquisition and deployment processes in the port 
environment. I want to gain a better understanding of where disparities 
may exist and how improvements can and should be made. CBP's role 
stopping the smuggling of contraband and illicit goods, in both 
directions, is critical to communities on both sides of the border. I 
recognize that the trade and travel communities, State and local 
stakeholders, congressional offices, and international partners have 
equities in these standards and deployment of any new technology. I am 
also eager to work with you and your colleagues to address any 
legislative solutions that might be necessary to improve the our 
inspection efforts and secure targeted investment in technology that 
supports CBP's mission.

    Question. U.S. Customs and Border Protection (CBP) and the General 
Services Administration (GSA) jointly share responsibility over 
managing our ports. CBP retains some land use acquisition and use 
authority and through that authority does retain the sole custody over 
certain ports, but GSA often jointly manages our ports and related with 
CBP. Further complicating matters, GSA often draws funds from the 
Federal Building Fund to invest in port modernization projects. The 
Federal Building Fund also funds Federal office buildings across the 
states and Federal courthouses.

    Can you walk me through your understanding of the relationship 
between GSA and CBP?

    If confirmed, what steps would you take to improve this 
relationship?

    Answer. As you know, GSA's mission is very broad, particularly with 
regard to maintenance and investment in Federal buildings and 
facilities. My understanding is that GSA and CBP work together to 
prioritize port infrastructure projects and investments, and GSA 
ultimately manages many of these improvement projects. If confirmed, I 
will meet with GSA leadership to better understand how State and local, 
along with CBP's priorities at ports of entry fit into that mission. 
More importantly, I will advocate for infrastructure investments at 
ports with significant needs nationwide, as I have heard from an array 
of stakeholders citing concerns about ports in need of critical 
investment and improvement.

    I am eager to work with you, your congressional colleagues, and 
other stakeholders in the trade and travel communities to better 
understand the port investment process and support critical 
modernization where most needed.

    Question. You have previously criticized the border wall and have 
written that you think that there are better ways to address border 
security. As you are aware, Congress had appropriated a sizeable amount 
of money to CBP to build the border wall, and around $1.9 billion 
dollars remained available for obligation when President Biden took 
office.

    If confirmed, what will your plans for those $1.9 billion be?

    Answer. I am not categorically opposed to any measure, and as you 
and I discussed, I absolutely think physical barriers play a role in 
our border security along with technology and personnel. For example, 
in remote stretches of desert, I understand fencing is useful to slow 
down vehicles traveling at high speeds so that they can be identified 
and apprehended. With that said, I believe there are many areas along 
the border where additional barrier likely does not make sense, either 
because the environment is too remote, the terrain provides a natural 
barrier, or technological solutions are more appropriate. In addition, 
I understand that much of the land along the border in Texas presents 
legal challenges that were not present in New Mexico, Arizona, and 
California where more significant sections of wall had previously been 
completed.

    With that said, I am not currently in a position to evaluate how 
effective or appropriate investments in physical barriers may be, 
compared with other needed investments, including in technology, such 
as surveillance towers, sensors and other detection capabilities; 
recruiting and pay incentives; and other resources in order to help 
agents and officers do their jobs efficiently and safely. If confirmed, 
I intend to speak with as many front line Border Patrol agents as 
possible to understand their needs on the ground, and I commit to 
seeking the resources and investments needed to ensure they can 
effectively and efficiently carry out their duties. I would be pleased 
to work with your office and others to better understand your views on 
these issues.

    Question. If confirmed, will you commit to the following: closing 
sections of the border wall where the gates still need to be hung; 
completing sections of the border wall where there are already 
purchased materials; powering gates in sections of the border wall 
where ranchers cannot access their lands; rebuilding sections of the 
border wall where the levees have not been put back in; and carrying 
out the contracts for and installing fiber-optic cables, lights, 
cameras, and other technologies across the U.S./Mexico border?

    Answer. If confirmed, I am open to considering any option that 
increases the effectiveness of our Border Patrol agents while 
maintaining the safety of agents, migrants, and the surrounding 
communities, and which does not unnecessarily harm the nearby 
environment, and to advocating for the adoption of such commonsense 
approaches to the best of my ability. As you and I discussed, I believe 
technology is a critical piece of our border security mission, and I 
will not hesitate to advocate for needed resources to assist the men 
and women of the Border Patrol in carrying out their work. In addition, 
I understand that you and a number of other members have concerns and 
questions relating to gates in the wall that remain unfinished.

    With that said, I am not yet familiar with the details of all of 
the contracts or proposals you mention, and am not currently in a 
position to evaluate how effective or appropriate they may be compared 
with other needed investments. I am also not aware of the entire 
universe of considerations that may be present in evaluating some of 
these options. For example, I understand that much of the land along 
the border in Texas presents legal challenges that were not present in 
New Mexico, Arizona, and California where more significant sections of 
wall had previously been completed.

    If confirmed, I intend to speak with as many front-line Border 
Patrol agents as possible to understand their needs on the ground, and 
to working with your office and others to understand the concerns you 
have relating to our border security investments. In general, I hope 
you will find that I am open to advocating for common-sense solutions 
regardless of the political implications, so long as these solutions 
advance agent and migrant safety and do not do unnecessary harm to the 
surrounding communities. If confirmed, I commit to seeking the 
resources and investments needed to ensure that the men and women of 
Border Patrol can effectively and efficiently carry out their duties.

    Question. The CBP Preclearance program is the strategic stationing 
of CBP personnel at designated foreign airports to inspect travelers 
prior to boarding U.S.-bound flights. Currently, CBP has more than 600 
officers and agriculture specialists at sixteen Preclearance locations 
in Canada, Ireland, the Bahamas, Bermuda, Aruba, and the United Arab 
Emirates. With Preclearance, travelers bypass CBP and Transportation 
Security Administration (TSA) inspections upon U.S. arrival and proceed 
directly to their connecting flight or destination. Preclearance is a 
key element of our national border and customs strategy that prevents 
inadmissible travelers and goods from boarding U.S.-bound flights, 
while also expanding economic benefits of tourism, trade and travel for 
the U.S. and partner countries.

    CBP has been working towards a goal of preclearing as many as one-
third of U.S. bound travelers by 2024. Do you intend to continue the 
agency's pursuit of that objective? What next steps will you take to 
expand Preclearance access at airports and terminals worldwide?

    Answer. I share your view that the Preclearance program is an 
important and innovative tool for both economic and security 
partnerships around the world. I recognize the critical role of the 
Preclearance program in the agency's layered and risk-based approach to 
border and national security, as well as its impact on the partner 
nations in which Preclearance locations operate. I understand there are 
specific standards as part of CBP's process to establish a Preclearance 
location, as well as any partner country's ability to provide funding 
and authorities for Preclearance operations. If confirmed, I will 
certainly review the agency's plans to expand Preclearance operations, 
while also balancing those needs with staffing demands at U.S. ports of 
entry.

    Question. In 2016, CBP and the Government of Taiwan initiated 
exploratory discussions about establishing Preclearance at Taoyuan 
International Airport (TPE), which is the 11th businesses airport 
worldwide.

    In your assessment, would Preclearance at TPE be beneficial to the 
U.S. economy?

    As Commissioner, will you commit to continuing these exploratory 
discussions and working constructively with Taiwan towards the goal of 
establishing Preclearance at TPE?

    Answer. I certainly recognize the importance of the United States' 
partnership with Taiwan and understand the significance of the 
relationships that CBP establishes with Taiwanese counterparts. While 
I'm not familiar with the details of Taiwan's Preclearance application, 
I do know that the Preclearance program is an important tool in CBP's 
layered and risk-based approach to border and national security. I 
understand there are a number of standards and thresholds as part of 
CBP's process to establish a Preclearance location, and if confirmed, I 
will certainly review the application and any decisions made regarding 
Taiwan's application.

                                 ______
                                 
               Questions Submitted by Hon. Chuck Grassley
    Question. During our exchange in your confirmation hearing, you 
committed to providing a response in writing regarding what, in your 
view, is the statutory basis for the Notice to Report process that has 
been utilized by U.S. Customs and Border Protection (CBP) in recent 
months. Please provide that response here.

    Answer. It is my understanding that Notices to Report are a form of 
prosecutorial discretion.

    Question. During our exchange regarding the Notice to Report 
process during your confirmation hearing, you stated that ``Obviously, 
the better practice would be to have individuals be Noticed to Appear 
as opposed to Noticed to Report.'' That being the case, will you commit 
to expeditiously terminating the Notice to Report process and returning 
CBP to the standard practice of issuing Notices to Appear if confirmed 
as Commissioner of CBP?

    Answer. It is my understanding that Notices to Report are not 
currently being issued by CBP. With that said, if confirmed, I 
certainly commit to working towards a goal of maximizing issuance of 
Notices to Appear where warranted, while at the same time minimizing 
the length of time that individuals spend in CBP facilities.

    Question. Earlier this year, the Biden administration announced the 
creation of ``humanitarian exceptions'' to the order issued by the 
Centers for Disease Control and Prevention (CDC) pursuant to sections 
362 and 365 of the Public Health Service Act, commonly referred to as 
the title 42 order.

    During our exchange in your confirmation hearing, I asked you for 
your views on the scope of humanitarian exceptions to the title 42 
order and the extent to which they should be utilized. In response, you 
said that you would ``need to learn more about'' the exceptions and 
have more information in order to answer the question.

    I hope that you have been able to learn more about the title 42 
humanitarian exceptions since that time, and I would like you to 
provide a response to that question here.

    Answer. Thank you for the additional time to respond. As you know, 
title 42 is a public health authority held by the CDC. It is my 
understanding that the administration retains the ability to set its 
own immigration priorities, including providing humanitarian or other 
exceptions to the rule, if it deems appropriate. I would defer to 
administration and public health officials as to the appropriate 
balance between providing some humanitarian relief to vulnerable 
families, while taking steps to limit the spread of the COVID-19 
pandemic. Moreover, if confirmed, I will certainly comply with any 
decision by the judicial branch related to the implementation of the 
CDC's title 42 public health authority.

    Question. If confirmed as Commissioner of CBP, will you commit to 
working faithfully and expeditiously to reimplement the Migrant 
Protection Protocols (MPP) in compliance with the August 13th Federal 
district court order from the Northern District of Texas?

    Answer. If confirmed as CBP Commissioner, I will uphold the law, 
including our statutory obligations to provide asylum protections to 
those found eligible and to secure our borders, as well as comply with 
any court orders by which the Department is bound.

    Question. As you are aware, there have been widespread media 
reports regarding videos and photographs of mounted Border Patrol 
agents, who are employees of CBP, positioned on the banks of the Rio 
Grande River attempting to disperse Haitian migrants who were crossing 
the river.

    These photos and videos led to the creation of a false narrative 
that mounted Border Patrol agents were engaged in the ``whipping'' of 
migrants, a claim the photographer himself has publicly refuted. 
Despite that, numerous senior administration officials, including 
Secretary Mayorkas and President Biden, have made harsh public 
statements about the agents and their actions. DHS is currently 
undertaking an internal investigation of the matter.

    If this internal DHS investigation confirms that the Border Patrol 
agents involved did not, in fact, whip any migrants, will you--if 
confirmed as Commissioner of CBP--commit to ensuring that they receive 
a public apology on behalf of the agency for the way that they have 
been portrayed in recent weeks?

    Answer. If confirmed as Commissioner, ensuring the integrity and 
fairness of our internal procedural justice process will be one of my 
highest priorities. This means that officers should be able to expect a 
fair, impartial investigation in any instance of alleged wrongdoing. I 
commit that if the current investigation finds that these officers to 
have acted properly, they will have my full support. Conversely, if 
they acted wrongly, they will face swift and impartial consequences.

    As I stated during my confirmation hearing, if confirmed, I am 
committed to transparency and accountability, both for agency 
leadership and our agents, and would see no problem with releasing the 
results of the investigation to Congress, and if at all possible, the 
public.

    Question. In written testimony to the Senate Judiciary Committee on 
December 12, 2018, you said that you agreed with the statement that 
constructing physical barriers along the southern border was a 
``medieval solution to a modern problem.''

    In 2006, Congress passed the Secure Fence Act, which authorized the 
construction of hundreds of miles of fencing/physical barriers along 
the southern border. It passed the U.S. Senate by a vote of 80-19, and 
was supported by 26 Democratic senators--including then-Senator Barack 
Obama, then-Senator Hillary Clinton, then-Senator Joe Biden, and 
Senator Schumer.

    Do you believe that, in voting for passage of the Secure Fence Act 
of 2006, 80 United States Senators, including three future Democratic 
Party presidential nominees and two future Democratic presidents, voted 
for a ``medieval solution to a modern problem?''

    Answer. As you may have seen in the written statement you 
reference, the quote likening the border wall to a ``medieval solution 
to a modern problem'' was by an elected Republican sheriff and 
colleague of mine here in Arizona, who is responsible for policing a 
community with 125 miles of border. I believed at the time, and still 
do, that a physical barrier in itself is an incomplete solution to our 
border security, and must be combined with technology and people in the 
right places in order to be effective.

    Question. Are you opposed to the construction of any new physical 
barriers along the southern border?

    Answer. I am not categorically opposed to any measure. With that 
said, I believe there are many areas along the border where additional 
barrier likely does not make sense, either because the environment is 
too remote, the terrain provides a natural barrier, or technological 
solutions are more appropriate.

    Question. Do you believe that physical barriers have any role to 
play in securing the southern border? If not, why not? If so, how and 
where do you think they should be deployed?

    Answer. I absolutely think physical barriers play a role in our 
border security, along with technology and personnel. For example, in 
remote stretches of desert, I understand fencing is useful to slow down 
vehicles traveling at high speeds so that they can be identified and 
apprehended.

    Question. In response to one of my questions during our exchange at 
your confirmation hearing, you said, ``I think it's very important that 
local communities do work with Federal agencies that include ICE and 
the Border Patrol.''

    My understanding is that it is commonplace for Chiefs of Police in 
border communities to have an open working relationship with the Border 
Patrol Chief in their area. For example, it is my understanding that 
the Chief of Police in McAllen, TX has an open working relationship 
with the Chief Border Patrol Agent in the Rio Grande Valley Sector. I 
believe that similar dynamics exist in the El Paso, El Centro, Del Rio, 
San Diego, and Yuma Sectors.

    Prior to your nomination, how open was your working relationship 
with the Chief Border Patrol Agent in Tucson Sector?

    Answer. As you note, as a local police chief, I have always found 
relationships with Federal, State, and other law enforcement agencies 
incredibly important.

    There have been several Sector Chiefs in Tucson during my time 
there. I had a positive relationship with the current USBP Tucson 
Sector Chief prior to my nomination to this position, and it has 
remained that way in the 6 months since.

    Question. Can you give me specific examples of the times you spoke 
with and worked with the Chief Border Patrol Agent in Tucson Sector?

    Answer. My Department holds monthly meetings with the current USBP 
Sector Chief, including in the 6 months since I was nominated to serve 
as CBP Commissioner.

    Question. Again, in response to one of my questions during our 
exchange at your confirmation hearing, you said, ``I think it's very 
important that local communities do work with Federal agencies that 
include ICE and the Border Patrol.''

    In March 2017, it was reported that the Tucson Police Department, 
of which you serve as Chief, impeded a Border Patrol operation.

    The case involved an individual named Carlos Erazo-Velasquez who 
escaped from Border Patrol custody after being taken to a hospital for 
evaluation. Erazo-Velasquez had been taken into custody for illegal 
entry and assaulting an agent during his initial detention. Some 
reports indicated that, in addition to ceasing efforts to assist Border 
Patrol in the case, the Tucson Police Department went so far as to 
refuse the Border Patrol's request to set up an incident command post 
in a police department substation parking lot.

    Reports indicated that the Tucson Police Department apparently made 
these decisions due to the ``current political climate'' surrounding 
immigration enforcement.

    Given that you were the Chief of Police in Tucson at the time, can 
you provide an explanation for the Tucson Police Department's actions 
in this case?

    Answer. In the incident you describe, the Tucson Sector Border 
Patrol contacted my department to request assistance in locating an 
individual who had escaped their custody. We worked closely with their 
officers to search for the individual for over 2\1/2\ hours, as well as 
devoting numerous additional resources to support the search for the 
escaped individual. I would have to direct you to the source of the 
story cited above for an explanation as to that version of it.

    Question. Do you deny that the ``political climate'' surrounding 
immigration enforcement at the time played any role in the Tucson 
Police Department's decision-making in this case?

    Answer. Yes, I do. The request to set up in a substation parking 
lot was denied because it was not located near the escapee's last known 
whereabouts.

    Question. There are approximately 1.2 million illegal immigrants in 
the United States with final orders of removal, meaning that they have 
received due process and have been ordered removed from the United 
States by an immigration judge. Do you agree that they should all be 
removed from the United States in an expeditious manner?

    Answer. I agree that immigrants with final orders of removal are 
subject to deportation from the United States. With that said, in my 
experience as a police officer, I am very familiar with the concept of 
officer discretion, and believe most, if not all, Police Chiefs would 
say they find it necessary in order to focus on threats to public 
safety. In relation to the example above, I would defer to ICE as the 
agency charged with interior enforcement as to whether removal is 
feasible or appropriate for all 1.2 million individuals referenced 
here.

    Question. If reports are correct, CBP will soon confirm that in 
Fiscal Year 2021 it had the highest ever number of encounters with 
illegal immigrants attempting to cross the southern border in any 
fiscal year since records began. Do you agree with former Border Patrol 
Chief Rodney Scott that this unprecedented surge at the southern border 
poses a national security threat?

    Answer. I think there's no question that the current high level of 
encounters at the southwest border has an impact on Border Patrol 
resources and bandwidth. It is my understanding that many of those 
encounters are repeat attempts under title 42 public health authorities 
and may be a historic anomaly, but that doesn't reduce the impact of 
the current situation on Border Patrol's workforce.

    With that said, one of CBP's core missions is securing America's 
borders. I take discussion of potential threats to our national 
security seriously, and if confirmed, I commit to seeking up to date 
briefings on the current threat landscape, and to requesting additional 
support from our partners if appropriate.

    Question. Do you believe that COVID-19 vaccines should be mandated 
for illegal immigrants before they are released from DHS custody into 
the interior of the United States?

    Answer. As a former paramedic and emergency medical technician with 
4 decades' experience in public safety, I take public health concerns 
very seriously. I am supportive of any and all appropriate measures 
necessary to combat the spread of COVID-19, including but not limited 
to mandatory testing and vaccinations for migrants in the Federal 
Government's custody.

    If confirmed, I commit to working with partners at the State and 
local level, as well as within the Federal Government, to ensure we are 
taking all appropriate steps to mitigate the potential spread of COVID-
19.

    Question. During an October 20th roundtable event hosted by House 
Minority Leader Kevin McCarthy, the Mayor of Uvalde, TX--which is 
within the Del Rio Sector--described how he has repeatedly requested 
that Border Patrol provide him with data and statistics regarding the 
illegal immigrant population being encountered by Border Patrol in the 
area.

    According to the Mayor, he received the following response from 
Border Patrol:

        I was told point blank from Border Patrol that they are not 
        going to give me any information--nor are they going to give 
        any Mayor or any county judge any information going forward 
        because they've been told from Washington not to give it to us.

    If confirmed as Commissioner of CBP, will you commit to looking 
into this issue and, if such a policy has been put in place regarding 
CBP information sharing with State and local partners, will you commit 
to expeditiously reversing it?

    Answer. Yes. In my current roles as a private citizen and Police 
Chief, I am not aware of any such policy, and in fact I have found 
CBP's enforcement statistics website to be very comprehensive and 
informative. If confirmed, I would absolutely set a tone of 
coordination, cooperation, and mutual respect with State and local 
governments and law enforcement agencies, as I have enjoyed with State 
and Federal partners throughout my career in policing.

    Question. As you are likely aware, there is currently a crisis in 
our global supply chains. This crisis has been caused by a number of 
factors and has resulted in shipping delays, congested ports, a backlog 
of shipping containers, and increased prices of goods. If confirmed, 
how do you plan to manage the supply chain crisis and mitigate its 
effects on American workers and consumers?

    Answer. I could not agree more that preserving and reinforcing 
America's supply chains is one of our top priorities, and is certainly 
something that I care deeply about. I also recognize, particularly as 
we approach the busy holiday season, that the urgency surrounding this 
issue is only increasing. Although CBP is only one actor at the ports, 
and certainly not the only entity that has responsibility for the 
smooth movement of goods through the ports, it plays a very important 
role. If confirmed, I would want to ensure that the agency has the 
appropriate staffing at ports, and that CBP is working closely with 
port authorities, carriers, brokers, labor groups, and other key 
partners in the trade community to meet the increasing cargo screening 
and clearance demands.

    I will also prioritize the continued modernization of technology 
resources, like the Automated Commercial Environment (ACE) system, 
inspection equipment, and other tools to meet the demands. These 
systems can have serious impacts on the flow of cargo, and ensuring 
that these tools are well-resourced and updated is critical to that 
facilitation mission. These tools become more important as our 
international trade and travel traffic increases, and as CBP staffing 
demands grow.

    Question. Trade enables us to engage economically with consumers 
around the world, which is very important since 95 percent of the 
world's consumers live outside the United States. However, ports around 
the globe, specifically in the U.S. are packed with ships waiting to be 
offloaded. Some of these ships have been sitting for a longer period of 
time than it took for them to cross our oceans. If confirmed, how will 
you address this backlog of shipping containers and congestion within 
our ports?

    Answer. I share your concerns about the backlog of cargo ships at 
ports across the country and recognize the urgency of addressing these 
delays. As you know, while CBP is critical to the efficient flow of 
cargo through our ports, the agency is only one piece of this larger 
situation. If confirmed, I would want to ensure that the agency is 
staffing the ports at the appropriate levels, and is meeting the 
demands to process and clear cargo as it arrives. In support of the 
President's guidance, I would ensure CBP is flexible and proactive, 
surging personnel or adjusting hours as necessary. I would also ensure 
that CBP leadership and staff are working closely with port 
authorities, local governments, carriers, labor groups, and other key 
partners in the trade community to respond to existing and emergent 
needs.

    In addition to adjusting operations on the front line, I will 
prioritize technology and automation that supports the facilitation of 
legitimate cargo. CBP's ongoing maintenance and improvement of the 
Automated Commercial Environment (ACE) system is critical to the smooth 
flow of cargo. Tools like ACE are the critical backbone to the agency's 
cargo operations, and if confirmed, I will ensure these systems and 
tools are prepared to meet current and future demands.

                                 ______
                                 
                 Question Submitted by Hon. John Cornyn
                         blood plasma donations
    Question. For over 30 years, Customs and Border Protection has 
allowed donors with B-1/B-2 visas and border crossing cards to enter 
the United States for the purpose of donating blood plasma. These 
donors were able to receive a small payment in connection with their 
donations--just as any plasma donor residing in the United States would 
receive. There is urgent need to collect plasma, as it is the essential 
ingredient used to create therapies in treating an array of rare and 
serious diseases, many of which are life-threatening. Recently, CBP 
issued a new policy that finds payment to B-1/B-2 visa holders as 
equivalent to engaging in labor for hire and, as such, plasma donors 
are no longer able to rely on B-1/B-2 visas and border crossing cards 
to enter the United States to donate plasma. Should you be confirmed, 
would you seek to reverse this recent harmful change in CBP policy and 
return to the system under which B-1/B-2 visa holders can cross the 
border, donate life-
saving plasma, and receive payment, just as any American citizen would?

    Answer. I certainly recognize the importance of blood plasma in an 
array of medical therapies and interventions. While I am not familiar 
with the reasoning behind CBP's recent policy guidance on B-1/B-2 visa 
holders' eligibility to enter the U.S. to donate blood plasma, if 
confirmed, I will certainly review the decision and share any 
additional information with your office.

                                 ______
                                 
                Questions Submitted by Hon. Rob Portman
    Question. If confirmed, do you commit to installing the technology 
capability already paid for at the border which includes sensors, 
cameras, communications, and lighting to be able to give your Border 
Patrol officers the opportunity to be able to respond more effectively 
and more efficiently?

    Answer. If confirmed, I am open to considering any option that 
increases the effectiveness of our Border Patrol agents while 
maintaining the safety of agents, migrants, and the surrounding 
communities, and which does not unnecessarily harm the nearby 
environment, and to advocating for the adoption of such commonsense 
approaches to the best of my ability. As you and I discussed, I believe 
technology is a critical piece of our border security mission, and I 
will not hesitate to advocate for needed resources to assist the men 
and women of the Border Patrol in carrying out their work.

    Although I am not immediately familiar with each of the specific 
technology purchases you mention, if confirmed, I would be happy to 
work with your office to learn more.

    Question. From the perspective of safety for both migrants and 
Border Patrol agents, is it safer or more dangerous for asylum-seekers 
to pay human smugglers and drug cartels to cross the Rio Grande river 
in the middle of the night compared to going to a U.S. port of entry?

    Answer. Without any additional context, I would say it is certainly 
more dangerous both for migrants, and for agents, to travel through the 
Rio Grande in the dark than it would be to approach a U.S. port of 
entry.

    Question. When Customs and Border Protection is asked why the vast 
majority of alleged asylum seekers are crossing the border avoid the 
ports of entry, they respond that the ports are not equipped to handle 
these asylum seekers. If confirmed, do you commit to requesting the 
resources and cooperation of other agencies of the Federal Government 
so that our ports of entry can be equipped to decrease danger to 
migrants and Border Patrol agents?

    Answer. If confirmed, I would certainly be open to considering any 
solutions that could increase migrant and agent safety while upholding 
our obligation to provide asylum protections to those eligible under 
the law. As we have seen in previous years, as well as this summer, 
unanticipated surges of large numbers of migrants to our southern 
border can overwhelm CBP resources and capacity in any given sector, 
leading to safety and health risks for migrants and CBP personnel, 
increased time in CBP custody for unaccompanied minors, and 
transportation and logistical challenges that might otherwise be 
avoided.

    With that said, I believe such a proposal would require significant 
engagement with CBP's Office of Field Operations, as well as our 
partners in GSA, who I understand hold many of the leases for CBP's 
land ports of entry, and with Mexican authorities on the other side of 
the border to ensure the safety and feasibility of such a proposal. 
From my experience visiting ports of entry in Arizona, many of the 
traffic lanes around our ports of entry already experience significant 
pedestrian traffic, which can be dangerous both for the pedestrians and 
for vehicles attempting to enter and exit the U.S. If confirmed, I 
would be happy to work with you and others on this committee to learn 
more about this proposal and understand how it might best be carried 
out.

    Question. Despite the fact that asylum seekers are walking up to 
Border Patrol agents to turn themselves in, it is estimated that there 
are still over 1,000 migrants or ``got-aways'' who evade apprehension 
each day at the border. If confirmed, will it be acceptable to you that 
1,000 people cross daily without authorization or screening into the 
United States?

    Answer. The role of the Border Patrol is to secure the border, 
including by ensuring individuals who cross between the ports of entry 
without authorization are apprehended. If confirmed, I will work to 
ensure that Border Patrol is empowered and resourced to achieve this 
mission and to reduce the likelihood that unauthorized crossers are 
able to evade apprehension.

    Question. The Department of Homeland Security concluded that border 
apprehensions decreased by at least 70 percent in the following sectors 
of the border where a barrier was installed: Yuma, San Diego, El Paso, 
and the Rio Grande Valley. Do you agree or disagree with the Department 
of Homeland Security that previous border wall installation has been 
effective?

    Answer. I certainly believe that physical barriers placed in the 
right areas can be effective elements of an overall border security 
strategy and help Border Patrol agents carry out their jobs. The 
construction of limited physical barriers, including in some of the 
areas you named, likely helped to reduce apprehensions over the last 15 
years, especially in concert with other factors including dramatic 
increases in CBP funding for technology and personnel, and changes in 
push factors including fundamental changes to Mexico's economy. And I 
agree that physical barriers, and technology, can help agents decide 
where migrants cross, which may be important for any number of safety 
reasons.

    Question. Other than public messaging that our borders are not 
open, what specifically will you do to reverse the trend of rising 
numbers of migrants arriving from outside of Mexico and the Northern 
Triangle?

    Answer. If confirmed, I will work closely with our partners in the 
State Department and across the administration to understand what is 
driving the recent uptick in irregular migration from countries outside 
the region, and to find ways to address it. In addition, I will work 
with CBP attaches to build and strengthen relationships with our 
counterparts in Mexico and Central America in order to share 
intelligence on mass movements or trends forming south of the U.S. 
border, and potentially south of Mexico's borders. This recent trend is 
a tough problem, and I certainly would want to work closely with 
Congress to find ways to address this issue, as well as on 
comprehensive reform to fix our current, broken system.

    Question. CBP publishes some monthly statistics on migrants' 
country-of-origin but neglects to list all nationalities of migrants 
who are encountered at the southwest border, including from special 
interest areas. If confirmed, will you commit to providing our 
committee the full data regarding the country-of-origin on a monthly 
basis?

    Answer. Yes. If confirmed, I will seek to be as transparent as 
possible with Congress. I would be happy to work with you in your role 
on this committee, as well as in your capacity as ranking member of the 
Homeland Security and Governmental Affairs Committee to ensure you 
receive data on a regular basis.

    Question. What role do local police agencies have with their 
Federal partners on matters involving unlawful migrants who commit 
crimes here?

    Answer. As a local Police Chief, if a crime is committed in my 
city, my first responsibility is to ensure the public safety of our 
community by enforcing the laws of Tucson and the State of Arizona, so 
my role would be to arrest the individual who committed the crime. In 
addition, my department frequently works closely with Federal law 
enforcement partners such as DEA on a variety of issues, including 
assisting in investigations, interdictions, and arrests of subjects 
involved in Federal crimes, and I consider those partnerships a vital 
part of our public safety mission.

    In Tucson, as in most other local jurisdictions, it is up to the 
city's elected government, not the police, to set policy related to 
carrying out enforcement of Federal civil immigration laws. As I 
mentioned during my confirmation hearing, in the jurisdictions where I 
have worked, city attorneys have advised the police department not to 
hold individuals on a request from ICE unless there is a warrant to do 
so, on the grounds that doing so could violate their constitutional 
rights.

    Question. The Enforce and Protect Act allows Customs and Border 
Protection (CBP) to investigate companies who evade antidumping and 
countervailing duties. Do you support the creation of an Administrative 
Protective Order (APO) process to facilitate confidential information 
sharing with interested parties under this program?

    Answer. CBP plays an important role in enforcing against evasion of 
antidumping and countervailing duties, particularly in helping level 
the playing field for American workers, business, and consumers. In my 
discussions with members of the trade community, I have heard that the 
Enforce and Protect Act has enabled CBP to make great strides in its 
overall enforcement and collection of antidumping and countervailing 
duties, while also providing important transparency to the domestic 
industry and other impacted by these unfair, illegal practices. While I 
am not familiar with the Administrative Protective Order (APO) concept 
in this context, if confirmed, I will certainly look into its potential 
use for both enforcement and transparency, recognizing the value of 
sharing information with trade stakeholders impacted by these unfair 
practices.

    Question. Do you believe EAPA should allow petitioners to file 
allegations when the importer is unknown? Specifically when companies 
and stakeholders see evasion occurring by tracking prices and market 
dynamics but do not know who is doing it. This would increase the use 
of EAPA and avoid delays caused by companies having to hire 
investigators to track down alleged EAPA violators on their own before 
coming to CBP with a formal allegation.

    Answer. I have heard a lot from members of the trade community 
about antidumping and countervailing duty collection and enforcement, 
and understand that it is often the importers and businesses who can 
first identify unfair practices and potential evasion within their 
industries. From my career in law enforcement, I also understand the 
value that leads and evidence from interested parties can provide an 
investigative agency. If confirmed, I will closely review options for 
CBP to gather this type of information, as well as any impediments that 
may exist for interested parties seeking to provide this information 
for further review by CBP's enforcement experts.

    Question. If confirmed, will you support making these improvements 
to EAPA? Do you believe either of these changes require additional 
legislation?

    Answer. As I have come to understand, EAPA has significantly 
improved enforcement and transparency around antidumping and 
countervailing duty investigations, and if confirmed, I would certainly 
be interested in reviewing these and other proposals to build upon that 
success. I would be eager to work closely with your office and your 
congressional colleagues, the trade community, and CBP's trade 
enforcement experts to understand what changes can and should be made, 
and what improvements require legislative action.

                                 ______
                                 
             Questions Submitted by Hon. Patrick J. Toomey
    Question. During your hearing, you noted several times that the 
immigration system is ``broken,'' but declined to lay out a specific 
plan for how to address the problems at the border within the current 
immigration system. Experts have cited that one of these problems is 
the admittance of thousands of migrants into the United States, often 
without adequate procedures to ensure they will pursue their 
immigration cases in immigration court once they have been released 
into the country.

    Do you agree that there are tools in current immigration law that 
CBP could use to limit the number of migrants being admitted into the 
interior of the country?

    If yes, please provide two specific examples.

    If confirmed, would you use these tools to limit the number of 
migrants admitted into the interior of the country? Why or why not?

    Answer. As I noted during my confirmation hearing, I do believe we 
have an immigration system that is fundamentally broken. It is apparent 
that a severe backlog of cases in immigration courts means we are 
unable to expeditiously grant asylum protections to those who are 
eligible, while quickly sending others home--the hallmark of a 
functioning system. In the course of my confirmation process, it has 
become clear that these concerns are shared by members and stakeholders 
from all parts of the political spectrum, and if confirmed, I will 
continue to urge Congress to take up bipartisan reform, as I believe it 
is crucial to improving our border security while ensuring fairness for 
migrants.

    With that said, in answer to your question, since March 2020, CBP 
has been effecting removals at the southwest border under title 42 
public health authorities held by the Centers for Disease Control. The 
use of these authorities has dramatically limited the number of 
migrants allowed entry during the public health emergency, although 
recently humanitarian exceptions have been made for some families and 
children. In addition, Border Patrol agents continue to carry out CBP's 
limited role in the asylum process by issuing Notices to Appear to 
migrants seeking asylum protections at our ports of entry. If paired 
with a sufficiently resourced immigration court system under current 
law, this practice could reduce the number of migrants awaiting court 
cases in the interior, as those with invalid claims were denied asylum 
and returned to their home countries.

    If confirmed as CBP Commissioner, I commit to continuing to 
maximize issuance of Notices to Appear while reducing time spent in CBP 
facilities, particularly during COVID, and to effecting title 42 
removals at the border, with humanitarian exceptions, for as long as 
public health authorities keep the restrictions in place.

    Question. Do you agree that there are tools in current immigration 
law that CBP could use to better ensure that migrants who are admitted 
into the United States actually pursue their immigration cases as 
required under immigration law?

    If yes, please provide at least one specific example.

    If confirmed, would you use this tool to ensure that migrants 
admitted into the interior of the country pursue their immigration 
cases in immigration court? Why or why not?

    Answer. Yes and yes. If confirmed, I certainly commit to working 
towards a goal of maximizing issuance of Notices to Appear, while at 
the same time minimizing the length of time that individuals in our 
custody spend CBP facilities. In addition, I would seek to work in 
partnership with ICE to increase enrollments in Alternatives to 
Detention, which helps ICE to track individuals awaiting immigration 
court dates, as well as case management services which help individuals 
understand and comply with their immigration obligations based on their 
unique circumstances.

                                 ______
                                 
                Questions Submitted by Hon. Steve Daines
    Question. Do you think title 42 removals have been an effective 
tool in helping deter illegal migration?

    Answer. Title 42 is a public health authority held by the CDC, and 
my understanding is that it is not specifically intended as a 
deterrent, but instead provides a tool to limit entry into the country 
for the duration of a public health emergency. I believe it has proven 
to be an effective tool for that purpose as we have worked to slow the 
spread of COVID. With that said, I agree with many who say that we need 
a plan for when the public health emergency ends, as we cannot rely on 
this temporary authority on a permanent basis for border enforcement. 
Moreover, I certainly will comply with any court order relating to the 
implementation of CDC's title 42 public health authority.

    Question. Do you have concerns with the impact President Biden's 
vaccine mandate will have on the CBP workforce?

    Answer. As a former paramedic and emergency medical technician with 
4 decades' experience in public safety, I take public health concerns 
very seriously. I am supportive of any and all appropriate measures 
necessary to combat the spread of COVID-19, including mandating 
vaccinations for Federal agents whose jobs entail frequent contact with 
the public.

    With that said, I commit to serving as an honest broker in 
understanding the concerns of CBP's workforce across all areas. If 
confirmed, one of my first priorities will be to spend time with front-
line agents to get a sense of the issues and concerns they face so that 
I am better able to advocate for their interests in the future. If 
there are reasonable steps I can take to show their concerns are being 
heard, I will always be open to doing so.

    Question. How would you seek to address some of the issues around 
lack of housing in remote border locations that officers are 
experiencing?

    If confirmed, I want to learn as much as I can about this problem. 
Border Patrol agents have a difficult job, and remote areas are 
particularly challenging locations in which to recruit and retain 
officers. They deserve the support of their agency in ensuring housing 
needs are met. As CBP Commissioner, I do not intend to try to lead from 
my desk, but instead want to get out to the northern and southern 
borders, speak with frontline agents and officers, and understand the 
issues they face. In addition, I would look forward to working with 
your office to better understand the concerns you are hearing, and to 
identify solutions to address them.

    Question. How will you work to ensure full staffing along the 
northern border given the large numbers of CBP staff that were 
relocated to the southern border to deal with the crisis there?

    Answer. CBP's mission is to secure our borders regardless of their 
geographic location. I certainly recognize that current operational 
demands at the southern border has impacted staffing levels at our 
northern border. More broadly, I am concerned about the potential 
impacts on the workforce of repeated transfers to different locations, 
especially if they are remote. If confirmed, I commit to reviewing 
CBP's staffing levels and processes across the organization, and to 
requesting resources as appropriate to carry out our mission at both 
borders.

    Question. With the coming reopening of the U.S.-Canada border, will 
you ensure that all points of entry return to pre-pandemic hours of 
operation?

    Answer. The recent announcement that the northern border will be 
reopened to nonessential travel means that CBP must be prepared to meet 
increasing volumes of travel at northern ports of entry. If confirmed, 
I would want to ensure that the agency has the appropriate staffing at 
ports, and that CBP is working closely with local stakeholders, 
including from the trade and travel communities, to meet the service 
needs for both travel and cargo screening. I look forward to working 
with you, Senator Tester, and others along the northern border to 
ensure staffing needs are met.

    Question. How will you work to address some of the challenges with 
morale in the workforce due to many officers belief that leadership is 
more concerned with politics than having their backs?

    Answer. I have been fortunate enough to serve as a public safety 
officer for over 40 years. In that time, I have served alongside public 
safety officers with many different political ideologies and 
backgrounds. However, despite any differences, my fellow officers and I 
have found unity in our commitment to protecting our community, serving 
the men and women within our jurisdiction, and upholding the laws that 
govern our localities. If confirmed, I intend to work hard to ensure 
that the men and women of CBP are united and driven by these same 
commitments.

    Question. Will you commit to full transparency and provide 
briefings to any member who requests one with regard to the work CBP is 
doing to screen and vet Afghan evacuees?

    Answer. Yes. If confirmed, I commit to responding fully to briefing 
and oversight requests from Congress on any topic in CBP's remit, 
including its role in screening and vetting Afghan nationals.

                                 ______
                                 
                 Questions Submitted by Hon. Todd Young
    Question. In your discussion with Senator Daines during your 
hearing, you agreed with the recommendation of operational Border 
Patrol agents that ``additional barrier or wall could be useful'' to 
help secure our border and that there are ``gaps where that could make 
sense.''

    During my questioning, you stated that you were not familiar with 
the Department of Homeland Security's (DHS) recent announcement about 
cancellation of the border contracts. I was disappointed that your 
preparation for this hearing did not include familiarizing yourself 
with recent U.S. Customs and Border Protection (CBP) decisions 
regarding our border security.

    In preparation for answering the below series of questions, I would 
ask that you now familiarize yourself with that announcement, dated 
October 8, 2021, and available here: https://www.dhs.gov/news/2021/10/
08/dhs-terminate-border-barrier-contracts-laredo-and-rio-grande-valley.

    Although the press release is scant on details, it announces the 
cancellation of ``all border barrier contracts located in the Rio 
Grande Valley Sector'' and ``the remaining border barrier contracts'' 
within the Laredo Sector. I understand that you are not at CBP and 
therefore do not know the precise details about these contracts. 
However, the release clearly identifies the sectors affected by this 
decision--sectors that alone accounted for nearly half of all 
encounters by CBP along the southern border in August 2021.\2\
---------------------------------------------------------------------------
    \2\ https://www.cbp.gov/newsroom/stats/southwest-land-border-
encounters-by-component.

    Do you believe that physical barriers placed in porous areas of the 
border slow down individuals attempting to enter the United States 
---------------------------------------------------------------------------
illegally and help prevent CBP from being overrun, yes or no?

    Answer. Yes, I absolutely think physical barriers play a role in 
our border security, along with technology and personnel. For example, 
in remote stretches of desert, I understand fencing is useful to slow 
down vehicles traveling at high speeds so that they can be identified 
and apprehended.

    Question. Given the extreme challenges present in the Laredo and 
Rio Grande Valley Sectors, including media reports regarding the 
situation in these and nearby areas, do you believe that it is prudent 
to cancel border barrier contracts in these sectors, yes or no? Please 
explain your reasoning.

    Answer. In my current role as a private citizen, I have not 
reviewed the detailed locations and justifications for specific 
contracts for border barrier. I agree that the current situation at the 
border presents serious challenges, and if confirmed, I will speak with 
Border Patrol personnel to better understand needs on the ground, and 
commit to seeking the resources and investments needed to ensure they 
can do their jobs.

    Question. From an operational lens, would you agree that these 
regions may in fact be the precise kind of areas that would benefit 
from a physical border barrier, yes or no?

    Answer. If confirmed, I would certainly be open to considering any 
solutions that could increase migrant and agent safety while upholding 
our obligations under the law. As we have seen in previous years, as 
well as this summer, unanticipated surges of large numbers of migrants 
to our southern border can overwhelm CBP resources and capacity in any 
given sector, leading to safety and health risks for migrants and CBP 
personnel.

    With that said, I am not familiar with the details of the contracts 
or proposals you mention, and am not in a position to evaluate how 
effective or appropriate they may be compared with other needed 
investments. In general, I understand that much of the land along the 
border in Texas presents legal challenges that were not present in New 
Mexico, Arizona, and California where more significant sections of wall 
had previously been completed. If confirmed, I intend to speak with as 
many front line Border Patrol agents as possible to understand their 
needs on the ground, and I commit to seeking the resources and 
investments needed to ensure they can effectively and efficiently carry 
out their duties.

    Question. If confirmed to this position, do you commit to 
reinstating the border barrier contracts identified in the above-
referenced October 8th announcement, yes or no? If your answer is 
``no,'' please explain.

    Answer. If confirmed as CBP Commissioner, my job will be to enforce 
the law. I commit to looking into any and all tools available to help 
the Border Patrol do its job safely, humanely, and effectively. With 
that said, I am not familiar with the details of the border barrier 
contracts referenced above, or with internal considerations relating to 
these and other investments, and cannot commit to reinstating them.

    Question. Based on media reports and the publicly released DHS 
data, please identify or elaborate on any other geographic areas or 
sectors you believe a physical border barrier would aid enforcement.

    Answer. In my current role as a private citizen, I have not 
reviewed the detailed locations and justifications for specific 
contracts for border barrier. If confirmed as CBP Commissioner, my job 
will be to enforce the law. I commit to looking into any and all tools 
available to help the Border Patrol do its job safely, humanely, and 
effectively.

    Question. If confirmed as CBP Commissioner, do you commit to 
ensuring that policies, tools, and resources utilized by CBP officers 
will be driven by operational effectiveness rather than political 
optics, yes or no?

    Answer. In my 40 year law enforcement career, I have always been 
driven by the mission of enforcing the law, and supporting the men and 
women I lead. Additionally, I have advocated for a number of 
politically unpopular positions when I believed they were right. If 
confirmed as CBP commissioner, I am committed to continuing to act as 
an honest broker in advocating for my workforce and for CBP's missions.

    Question. If confirmed to this position, do you commit to being 
transparent with members of the U.S. Senate, whether in the minority or 
majority, and provide timely and substantive responses to questions or 
concerns that are raised regarding border enforcement policy? Please 
answer yes or no.

    Answer. Yes. If confirmed as CBP Commissioner, I will be 
responsible for enforcing the law, not for setting policy. With that 
said, if confirmed, I commit to transparency and communications with 
Congress and the general public regarding CBP's operations, and will do 
my best to answer any question I can.

    Question. I found it troubling during our dialogue at the hearing 
that in preparation for that hearing that you did not familiarize 
yourself with 8 U.S.C. Sec. 1325, which is the operative statute 
criminalizing unauthorized entry into the United States. In preparation 
for the below questions, I would ask that you now review that statute.

    Do you agree that 8 U.S.C. Sec. 1325 makes it a Federal crime for 
an individual to enter or attempt to enter the United States at any 
point other than a border inspection point or other official port of 
entry, yes or no?

    Answer. I agree that 8 U.S.C. section 1325 is the operative statute 
governing unlawful entry into the United States, although the statute 
appears to impose civil, not criminal penalties and would therefore be 
a civil violation. With that said, as I stated during my confirmation 
hearing in an exchange with Senator Grassley, I believe unlawful entry 
should remain against the law.

    Question. Do you believe that the law of the United States should 
be upheld and that criminals should be handled in accordance to the 
law, yes or no?

    Answer. As a police officer for over 4 decades, I believe that my 
bona fides in relation to criminals and upholding the law are clear.

    Question. In your dialogue with Senator Cornyn during the hearing, 
you refer to what you call ``discretion'' by law enforcement relating 
to ``which laws will be enforced and how they'll be enforced.''

    If confirmed, will you commit to enforcing 8 U.S.C. Sec. 1325 in 
its entirety on an unbiased and uniform basis, without engaging in 
selective enforcement?

    Answer. If confirmed as CBP Commissioner, my job will be to enforce 
the law without fear or favor. As I noted in my exchange with Senator 
Cornyn, I believe most if not all Police Chiefs would say they find the 
use of officer discretion necessary in order to focus limited resources 
on threats to public safety. But, I certainly will not be in a role to 
make policy decisions regarding enforcement, and commit to treating 
border crossers equally in accordance with the law.

    Question. If your answer is ``yes,'' please explain how you 
reconcile that response with your decision to refuse assistance to U.S. 
Immigration and Customs Enforcement, who were presumably seeking to 
enforce 8 U.S.C. Sec. 1325, among other statutes, while serving as 
Tucson Police Chief? If your answer is ``no,'' please explain in detail 
the legal and public policy rationale for declining uniform 
enforcement.

    Answer. I regret that I am not aware of the incident to which you 
are referring. In my career as TPD Chief, have worked closely with 
State, Federal, and local law enforcement, including ICE, DEA, CBP 
Tucson Sector, and others, to ensure public safety and effect and 
assist in interdictions, investigations, and arrests, and the like, 
often in difficult and dangerous circumstances for my officers as well 
as our Federal partners. I consider those partnerships a vital part of 
our public safety mission.

    With that said, in Tucson, it is up to the city's elected 
government, not the police, to determine policies or laws related to 
using local resources to carry out Federal civil immigration laws. As I 
mentioned during my confirmation hearing, in Tucson and other 
jurisdictions where I've worked, our attorneys have advised the police 
department not to hold individuals based on a mere request from ICE, 
but to require a warrant to do so, on the grounds that detaining 
individuals for civil violations outside our jurisdiction could violate 
individuals' constitutional rights.

    Question. Do you believe there is a difference between a law 
enforcement officer using their ``good discretion'' in the field, as 
you referenced officers are trained to do during your hearing, and an 
agency-wide directive that calls for the nonenforcement of Federal 
statute, such as the unprecedented guideline released by Secretary 
Mayorkas on September 30, 2021?\3\
---------------------------------------------------------------------------
    \3\ https://www.dhs.gov/news/2021/09/30/secretary-mayorkas-
announces-new-immigration-enforcement-priorities.

    Answer. If confirmed as CBP Commissioner, I will not have a role in 
carrying out ICE's enforcement mission. With that said, my 
understanding is that the enforcement priorities maintain recent border 
crossers as a priority, as well as defer to the discretion of field 
agents when it comes to criminal backgrounds. While I cannot speak to 
the policy behind this decision, I believe most if not all law 
enforcement officers would say they find use of officer discretion 
necessary in order to focus limited resources on threats to public 
safety, and I certainly support and understand the Secretary's 
---------------------------------------------------------------------------
prioritized approach.

    Question. In your dialogue with Senator Menendez during the 
hearing, you stated that a ``full and thorough investigation is 
necessary before any final conclusions are drawn'' regarding the 
actions of Border Patrol agents that responded to the surge of mostly 
Haitian migrants in the Del Rio Sector of the Southern Border. I 
appreciate your commitment to ensuring these agents are given fair 
treatment, but I have concerns that not all in the Biden-Harris 
administration share that commitment.

    In the wake of footage of Border Patrol agents on horseback 
attempting to block migrants from entering the county illegally, our 
country's leaders were quick to vilify the agents in the press while 
leaving out key contextual details. President Biden stated, ``I promise 
you, those people will pay. There will be an investigation underway now 
and there will be consequences. There will be consequences.''\4\ Jen 
Psaki, the White House Press Secretary, has described the images as 
``horrible and horrific.''\5\ Vice President Harris said she was 
``deeply troubled'' by the ``horrible'' incident and planned to discuss 
the matter with DHS Secretary Mayorkas.\6\ Secretary Mayorkas himself 
stated he ``was horrified'' and that the photographs of the incident 
``troubled him profoundly.''\7\
---------------------------------------------------------------------------
    \4\ https://www.washingtontimes.com/news/2021/sep/24/biden-vows-
there-will-be-consequences-after-outrag/.
    \5\ https://www.nbcnews.com/politics/white-house/white-house-says-
horses-will-no-longer-be-used-border-n1279950.
    \6\ https://www.washingtonpost.com/politics/mayorkas-border-patrol-
haitians/2021/09/21/fd1fd09e-1ad4-11ec-a99a-5fea2b2da34b_story.html.
    \7\ https://www.forbes.com/sites/jemimamcevoy/2021/09/21/homeland-
security-chief-says-videos-showing-migrant-mistreatment-at-border-
troubled-me-profoundly/?sh=652b37d92f3f.

    Do you believe that the Border Patrol agents involved can 
reasonably expect a fair investigation while the President, Vice 
President, and DHS Secretary have all but announced their guilt 
---------------------------------------------------------------------------
already?

    Answer. As a Police Chief for over 13 years, my job has been to 
ensure my workforce has the full support of its leadership, while 
making clear that any allegations of wrongdoing will be swiftly 
investigated, and substantiated allegations met with swift, impartial 
consequences. If confirmed as CBP Commissioner, I will make the same 
commitment to the men and women of CBP. My understanding is that the 
investigation is ongoing, and that findings are results have not yet 
been shared. As I stated during my confirmation hearing, if confirmed, 
I am committed to transparency and accountability, and would see no 
problem with releasing the results of the investigation to Congress, 
and if at all possible, the public.

    With that said, in general, I shared the reaction of many to the 
images we saw from Del Rio. Regardless of whether policies were 
violated, a discussion about tactics is in order. As a police chief, I 
have long questioned the appropriateness and safety of using horse 
patrols to apprehend subjects in crowds or within close proximity, 
rather than for transport through remote areas and tracking and 
detection. I believe this practice risks the safety of officer and 
subjects. If confirmed, I commit to better understanding the use of 
horse patrol in crowds, and would be happy to share my findings with 
Congress.

    Based on your decades of experience in law enforcement, do you 
believe that President Biden and others biased the investigation with 
their statements?

    Answer. I don't know enough to know what impact statements had on 
this particular case, but if confirmed, you have my commitment that I 
will fiercely advocate for the independence of internal investigations 
within CBP.

    Question. I have had the opportunity to visit the border and meet 
some of the brave men and women of Border Patrol, an agency that has 
long struggled with officer morale due to vilification in the media and 
by certain elected officials. I worry this challenge with morale has 
only worsened during the crisis at our southern border this past year.

    How do you plan to address the feeling among agents and officers 
who feel unsupported and under-resourced?

    Answer. Throughout my career, I have worked hard to improve officer 
morale in the departments I've led, including by addressing resource 
issues, as well as tough topics like officer resiliency and mental 
health. If confirmed, I want to do as much as I can to improve morale, 
resiliency, and retention within Border Patrol, the Office of Field 
Operations, Air and Marine Operations, and CBP generally. CBP's 
officers and agents have a challenging job, and remote areas near our 
borders in particular are difficult areas for recruiting and retaining 
personnel. As CBP Commissioner, I do not intend to try to lead from my 
desk, but instead want to get out to the borders and ports of entry to 
speak with frontline agents and officers, and understand the issues 
they experience when it comes to resourcing, training, and support from 
their leadership. In addition, I would look forward to working with 
your office to better understand the concerns you have heard, and to 
identify solutions to address them.

    Question. Do you believe that events such as what we saw in Del 
Rio--where administration officials made snap judgments, withheld 
context, and were quick to blame Border Patrol officers based on 
inflammatory tweets--is worsening this issue and could result in 
further retention issues at CBP?

    Answer. I don't know enough to know what impact statements may have 
on officer morale. With that said, you have my commitment that if 
confirmed, I will fiercely advocate for the independence of internal 
investigations within CBP.

    Question. If confirmed to this position, do you commit to ensuring 
these officers receive a prompt and unbiased investigation into this 
matter?

    Answer. Yes. I believe one is already underway, and if confirmed, I 
will certainly commit to ensuring that it is concluded promptly and in 
an unbiased way.

    Question. If confirmed to this position, do you commit to restoring 
mounted patrols to enable Border Patrol officers to efficiently and 
safely navigate the terrain along the southern border?

    Answer. As a Police Chief, I have long questioned the 
appropriateness and safety of using horse patrols to apprehend subjects 
in crowds or within close proximity, which I believe risks the safety 
of officer and subjects, rather than for transport through remote areas 
and tracking and detection. With that said, my understanding is that 
mounted horse patrols along the southwest border for the purposes you 
describe have not stopped, except for temporarily in Del Rio. If 
confirmed, I commit to better understanding the use of this tactic in 
crowds, and would be happy to share my findings with Congress.

    Question. Of the 30,000 migrants who crossed into the Del Rio 
Sector during the Haitian migrant surge last month, Secretary Mayorkas 
confirmed that more than 12,000 have been released into the United 
States. That's the size of a small city--in fact, it would rank in the 
largest 10 percent of Indiana communities. The logistical challenge of 
moving such a crowd is enormous, but what truly concerns me is how the 
Biden-Harris administration could be caught so off guard.

    How does a caravan of illegal immigrants the size of Bedford, IN 
show up at Del Rio and the U.S. Government is completely unprepared?

    Answer. I share your concern regarding the lack of visibility into 
developing mass movements south of our southern border. If confirmed, I 
commit to speaking directly with front-line Border Patrol agents to 
understand what informal intelligence is available on the ground, and 
to address any breakdowns in the flow of information to decisionmakers 
in Washington. I will build and maintain open lines of communication 
with my colleagues in the State Department, ICE-HSI, and my 
counterparts in Mexico, the Northern Triangle countries and Canada, to 
improve visibility south of our border to ensure we are better prepared 
to address surges in the future.

    Question. Reports indicate that similar caravans continue to build 
in Central America and Mexico.\8\ What steps are necessary to ensure 
that CBP's intelligence is properly tracking and preparing for such 
waves?
---------------------------------------------------------------------------
    \8\ https://www.nbcnews.com/politics/immigration/border-
apprehensions-hit-new-yearly-high-another-migrant-caravan-gathers-
n1281995.

    Answer. As a private citizen currently outside the agency, I don't 
yet know how best to address this question, but agree it is an 
important one. If confirmed, I will make it a priority to understand 
how CBP tracks and prepares for mass movements, any efforts underway to 
improve tracking, and any areas in which we can do more to improve our 
---------------------------------------------------------------------------
visibility.

    Question. Earlier this month, I joined a number of my colleagues in 
asking Secretary Mayorkas about DHS's use of title 42 authority,\9\ 
which permitted the deportation of the vast majority of migrants in 
this influx due to the public health risks associated with such mass 
migrations. We are still awaiting Secretary Mayorkas's response to our 
letter.
---------------------------------------------------------------------------
    \9\ https://www.young.senate.gov/newsroom/press-releases/young-gop-
colleagues-press-dhs-for-answers-on-release-of-haitian-migrants-into-
us.

    Do you agree that title 42 is an important tool to control public 
---------------------------------------------------------------------------
health as the world grapples with the pandemic, yes or no?

    Answer. Title 42 is a public health authority held by the CDC, and 
my understanding is that it has proven to be an effective and useful 
tool to limit entry into the country as public health authorities have 
worked to slow the spread of COVID. With that said, I agree with many 
who say that we need a plan for when the public health emergency ends, 
as we cannot rely on this temporary authority on a permanent basis for 
border enforcement.

    Question. If it is true that over half of the migrants in this 
migrant surge remain in the United States--either detained or 
released--does that strike you as DHS utilizing its title 42 authority 
properly?

    Answer. Title 42 is a public health authority held by the CDC. It 
is my understanding that the administration retains the ability to set 
its own immigration priorities, including providing humanitarian or 
other exceptions to the rule, if it deems appropriate. I would defer to 
administration and public health officials as to the appropriate 
balance between providing some humanitarian relief to vulnerable 
families, while taking steps to limit the spread of the COVID-19 
pandemic.

    More broadly, tools designed to slow the spread of a pandemic 
should not be what we rely on in order to have a functioning 
immigration system. If confirmed, I would look forward to working with 
Congress on comprehensive reform to fix the current, broken system.

    Question. If confirmed to this position, do you commit to providing 
Secretary Mayorkas with the information necessary to respond to our 
October 6, 2021 letter and encourage him to respond promptly, yes or 
no?

    Answer. Yes. If confirmed, I will work with DHS to ensure it has 
the necessary data and information from CBP to promptly respond to 
congressional correspondence, including your letter.

    Question. During the past year of record-breaking illegal migration 
into the United States, over 100,000 of those apprehended by CBP have 
been unaccompanied children. This underscores the grave dangers 
associated with encouraging individuals to seek refuge in the United 
States through illegal means, rather than by utilizing proper channels. 
In a chilling report by The New York Post,\10\ it appears as though the 
Biden-Harris administration has been flying thousands of underage 
migrants to New York in the middle of the night, and it has been 
similarly reported that migrants have been bussed across the Nation. 
Clearly the border crisis does not just impact border towns along our 
Nation's southwest border, but it has 50-State impact.
---------------------------------------------------------------------------
    \10\ https://nypost.com/2021/10/18/biden-secretly-flying-underage-
migrants-into-ny-in-dead-of-night/.

    In your decades of experience leading law enforcement departments 
across the Nation, did you expect consistent openness and transparency 
from State or Federal agencies whose operations impacted the city you 
---------------------------------------------------------------------------
were entrusted to protect? Why or why not?

    Answer. Yes. As a Police Chief, cooperation and coordination with 
Federal agencies relating to operations that would affect my city have 
always been critically important, particularly with fellow law 
enforcement agencies. It is not clear whether CBP has any involvement 
with the reports you describe, but regardless, if confirmed I will 
strive to ensure that we are maintaining open lines of communication 
and coordination with the State and local communities in which we work.

    Question. Do you believe that it would be improper for the Federal 
Government to transport migrants from their place of apprehension to a 
different jurisdiction without full and open cooperation with the 
relevant governors, mayors, and elected officials?

    Answer. During previous surges, I have experienced firsthand the 
impacts on border communities when Federal agencies lack a plan to 
coordinate with State and local agencies to care for and house 
migrants. Transportation of migrants into Tucson in response to the 
2018 surge with no coordination with local leaders or plan for their 
care and housing presented a real challenge for our community and my 
department, as well as for the migrants. If confirmed, I would want to 
look into your concern and understand CBP's role, if any, and would 
certainly commit to working to improve our coordination and 
communication with State and local governments.

    Question. If confirmed to this position, do you commit to providing 
timely and substantive updates to Senators and members of Congress 
related to migrants that are relocated into their constituencies, 
including advanced notice before such relocation occurs, yes or no? If 
your answer is ``no,'' please explain.

    Answer. Yes. If confirmed, I will strive to ensure that we are 
maintaining open lines of communication and coordination with the State 
and local communities in which our operations are carried out, and with 
the congressional delegations that represent them.

    Question. In addition to the record number of migrant encounters 
that CBP has reported in its monthly data releases over the past year, 
the agency also tracks so-called ``got-aways'' that refer to illegal 
crossings that are tracked directly or indirectly--such as through 
drone surveillance technology--but are never apprehended or pursued for 
a variety of reasons. Recently, former Border Patrol Chief Rodney 
Scott, a 29-year veteran of the Border Patrol, stated that there have 
been over 400,000 documented got-aways over the past year.\11\ While 
CBP publishes monthly records of its apprehensions at the border, I 
would like to see more transparency about the number of individuals CBP 
is tracking each month that are not apprehended by Border Patrol 
officers.
---------------------------------------------------------------------------
    \11\ https://www.washingtonexaminer.com/news/many-sneaked-over-
southern-border-and-got-away-in-past-year.

    If confirmed to this position, do you commit to providing Congress 
with monthly updates regarding the number of got-aways being tracked by 
CBP, along with their methods of entry and intelligence related to 
human or drug trafficking by those who seek to evade ports of entry? 
Please answer ``yes'' or ``no.'' If your answer is ``no,'' please 
explain why Congress and the American people do not deserve this kind 
---------------------------------------------------------------------------
of transparency.

    Answer. If confirmed, I would be happy to look into how CBP tracks 
data relating to got-aways, or instances in which individuals evade 
detection or apprehension at the border, to learn more about the 
technology and analysis that underlie these estimates, and to provide 
information to Congress.

    Question. I have heard escalating concerns from my constituents 
regarding the record backlog of processing items for entry into U.S. 
commerce at the shipping ports. As the most manufacturing intensive 
State in the country, Indiana manufacturers rely on timely access to 
inputs. I understand that the pandemic is the cause of some of this 
congestion. However, many shipping ports suffered chronic gridlock 
prior to the pandemic that was only exacerbated by supply chain 
disruptions. Businesses in my State cannot simply endure costly delays 
that last for months on end. Delays mean that business is lost, 
perishable goods spoil, seasonal products become unsellable, and major 
manufacturing processes are put on hold.

    If confirmed, how do you anticipate addressing the backlog present 
at our shipping ports, both in the near term and long-term?

    Answer. I could not agree more that addressing supply chain delays 
and the backlogs are ports of entry is a top priority, and is certainly 
something that I care deeply about. I also recognize that the urgency 
surrounding this issue is only increasing, particularly as U.S. 
manufacturers try to meet strong consumer demand. Although CBP is only 
one actor at the ports, and certainly not the only entity that has 
responsibility for the smooth movement of goods through the ports, it 
plays a very important role. If confirmed, I would want to ensure that 
the agency has the appropriate staffing at ports, that CBP is working 
closely with key stakeholders to meet the increasing cargo screening 
and clearance demands.

    I will also prioritize the continued modernization of technology 
resources, like the Automated Commercial Environment (ACE) system, 
inspection equipment, and other tools to meet the demands. These 
systems can have serious impacts on the flow of cargo, and ensuring 
that these tools are well-resourced and updated is critical to that 
facilitation mission. These tools become more important as our 
international trade and travel traffic increases, and as CBP staffing 
demands increase.

    Question. How will you engage the business community to ensure that 
their concerns are addressed and problems can be tackled?

    Answer. Stakeholder engagement has always been a priority for me. 
If confirmed, I will ensure that CBP leadership and staff are working 
closely with key partners in the trade community, including the 
Commercial Customs Operations Advisory Committee (COAC) and other trade 
groups, small, medium, and large businesses, labor organizations, 
Federal, State, and local partners, and many others all have a role in 
the flow of legitimate cargo across our borders. I have built 
relationships with diverse groups of stakeholders throughout my law 
enforcement career, and would welcome the opportunity to do so if 
confirmed to lead CBP.

    Question. As you know, an important component of our international 
air travel security apparatus is the CBP Preclearance process, which 
allows Americans and foreigners flying into the United States to 
undergo immigration and Customs screening at their point of departure. 
This process both allows travelers to expedite their arrival into the 
United States and allows CBP to stop inadmissible travelers or goods 
before they step foot on a plane. Because of legal jurisdictional 
challenges that surround the program, such preclearance systems rely on 
bilateral agreements between the U.S. and host countries--currently, 
there are 16 such sites between 6 countries. The last U.S. customs 
preclearance facility to open was at the Abu Dhabi International 
Airport in 2014, with dozens of applications having stalled in the 
meantime.

    Are you supportive of expanding U.S. preclearance capabilities as a 
way to foster commercial and recreational revitalization as the world 
recovers from the COVID-19 pandemic?

    Answer. I share your view that the Preclearance program is an 
important and innovative tool for both economic and security 
partnerships around the world. I recognize the critical role of the 
Preclearance program in the agency's layered and risk-based approach to 
border and national security, as well as its impact on the partner 
nations in which Preclearance locations operate. I understand there are 
specific standards as part of CBP's process to establish a Preclearance 
location, as well as any partner country's ability to provide funding 
and authorities for Preclearance operations. If confirmed, I will 
certainly review the agency's plans to expand Preclearance operations, 
while also balancing those needs with staffing demands at U.S. ports of 
entry.

    Question. Currently, there are CBP preclearance relationships with 
nations in North American, Europe, and the Middle East. Do you believe 
the U.S. should focus its next preclearance agreements with other 
regions of the world, such as the Indo-Pacific?

    Answer. I recognize the significance and value of CBP's 
Preclearance locations around the world, and the critical role of the 
Preclearance program in the agency's layered and risk-based approach to 
border and national security. I understand there are a number of 
standards and thresholds as part of CBP's process to establish a 
Preclearance location, including risk-assessments specific to potential 
locations and regions. If confirmed, I will review the agency's focus 
on any regions globally, including the Indo-Pacific. I would also 
welcome the opportunity to learn more from you and your staff about any 
specific regions with potential for partnerships.

    Question. On September 29, 2020, CBP announced an expansion of the 
Preclearance program and invited interested foreign airports to apply 
for partnership. Among those that applied was the Taoyuan International 
Airport in Taiwan.

    Do you believe that Taiwan would be a good fit for the Nation's 
first preclearance agreement in the Indo-Pacific?

    Answer. I certainly recognize the importance of the United States' 
partnership with Taiwan and understand the significance of the 
relationships that CBP establishes with Taiwanese counterparts. While 
I'm not familiar with the details of Taiwan's Preclearance application, 
I do know that the Preclearance program is an important tool in CBP's 
layered and risk-based approach to border and national security. I 
understand there are a number of standards and thresholds as part of 
CBP's process to establish a Preclearance location, and if confirmed, I 
will certainly review the application and any decisions made regarding 
Taiwan's application.

                                 ______
                                 
                 Prepared Statement of Hon. Ron Wyden, 
                       a U.S. Senator From Oregon
    This morning the Finance Committee meets to discuss President 
Biden's nomination of Chief Chris Magnus to lead Customs and Border 
Protection. I want to thank Chief Magnus for joining the committee 
today and for his willingness to take on this extraordinarily difficult 
job.

    Chief Magnus is the Chief of Police in Tucson, AZ. He started out 
in Lansing, MI, and his career in public safety has taken him to the 
east coast, west coast, north, and south. If confirmed, Chief Magnus 
would lead an agency with tens of thousands of employees. CBP is 
responsible for over 300 points of entry into the U.S., and it enforces 
the country's immigration laws.

    This committee has a special interest in ensuring that CBP's trade 
mission doesn't get short shrift. Enforcing trade laws vigorously and 
working to stay a step ahead of trade cheats is key to protecting jobs, 
businesses, and innovators in America, and CBP is right at the heart of 
that challenge. Too often in the past, including during the Trump 
administration, trade enforcement has been a secondary issue for CBP.

    This committee has worked hard over the last few years to give CBP 
fresh and modern trade enforcement tools. The goal is to help our trade 
enforcers work faster and communicate more closely with businesses and 
other organizations that spot trade cheats undercutting American 
workers and firms. Those upgrades have already begun to make a big 
difference over the slower, outdated approach of previous decades. But 
in my view, there's always room for improvement, so this committee is 
going to continue looking for ways to strengthen our trade enforcement 
even further.

    One such issue that's posing a serious danger to our country's 
values and American jobs is the use of forced labor in China and 
elsewhere. It is an abhorrent practice--modern-day slavery. The Finance 
Committee's authority over trade laws is a big part of what needs to be 
an all-out effort to end it.

    Until just a few years ago, there had been a loophole in the laws 
on the books that allowed some products made by forced labor to be 
imported into the country. Senator Brown and I wrote an amendment that 
closed that loophole in 2016.

    Since then, for example, the U.S. has taken action to block the 
import of cotton and tomatoes picked by slave labor in western China. 
However, there are many more areas and industries in which forced labor 
is ongoing. In addition to goods coming from Xinjiang, Senator Brown 
and I are concerned about imports of mica, palm oil, and cocoa which 
may also be produced with forced labor.

    CBP not only investigates allegations of forced labor and demands 
remediation where appropriate, it also enforces the ban on forced labor 
products entering the country. This is a difficult job, and once again, 
it requires quick action and lots of communication with businesses, 
human rights organizations, and others. This committee is going to 
continue working on this issue in the months and years ahead, and I 
look forward to discussing that with Chief Magnus today.

    Immigration is outside this committee's jurisdiction, but it's sure 
to come up during today's discussion. The Trump administration made it 
fashionable to believe that enforcing our immigration laws required 
abusing immigrants and asylum seekers at the border. Recently, the 
American people saw images of what that mindset looks like in practice. 
It's absolutely, unquestionably wrong.

    Enforcing our immigration laws and treating people humanely are not 
mutually exclusive--period. Embracing immigration and asylum seekers is 
not only part of our national character, it's also an economic win for 
America. I appreciate the discussion I had with Chief Magnus on this 
issue in our recent meeting.

    I'll close with one final point on an issue that dates back to 
before Chief Magnus's nomination. In the summer of 2020, the Trump 
administration deployed Federal law enforcement troops in cities 
including my hometown of Portland, OR. They left Portlanders with 
serious injuries, and their use of tear gas has created serious health 
issues. They even left tear gas canisters in a sandbox at a school. 
Additionally, the conduct of Homeland Security intelligence officials 
constituted a serious abuse of power.

    For many months I'd been demanding reviews of policies regarding 
DHS's use of force, including use of chemical munitions, as well as the 
release of a key investigation into what happened. There has been 
significant progress on these issues.

    I want to thank Secretary Mayorkas for that progress, and I look 
forward to continuing to work with him and the Department on this 
subject, because my neighbors in Portland are still reeling from the 
harm that the Trump administration inflicted upon them.

    With that, I want to congratulate Chief Magnus on his nomination 
and thank him once again for joining the committee today. I look 
forward to the discussion.

                                 ______
                                 

                             Communications

                              ----------                              


                   Letter Submitted by Laura I. Doan

U.S. Senate
Committee on Finance
Dirksen Senate Office Bldg.
Washington, DC

Re: Hearing to Consider the Nomination of Chris Magnus, to be 
Commissioner of U.S. Customs and Border Protection, Department of 
Homeland Security. Date: Tuesday, October 19, 2021.

Dear Senators,

I write with concerns about President Biden's nominee to Commissioner 
of U.S. Customs and Border Protection, Chris Magnus. Biden has 
nominated him as the appointee. My concerns are that he is not an 
appropriate choice given his career and his background. I have followed 
him closely for the past 5 years while he has been the chief of police 
in Tucson, AZ. His leadership has shown he lacks the qualities 
necessary to lead this nation's largest federal law enforcement agency, 
namely transparency, authenticity, and accountability.

The following are my specific concerns:

As a member of Citizens Against Proposal One committee in Lansing, MI, 
he organized the opposition to creating a panel to review charges of 
police misconduct stating that, ``A citizen review board proposal for 
Lansing is dangerous and unwise.''

With all the police reforms that Congress is trying to put in place 
following the death of George Floyd, would he be the appropriate choice 
for the current environment and the future of the border patrol which 
is currently in crisis?

(See: Delgado, Vincent. ``Police-review issue simmers in Lansing: 
Proposal 1 on Tuesday ballot calls for citizen's sharing in 
discipline,'' Lansing State Journal, 1 Nov. 1997, p. B1., Magnus, 
Chris. ``Say `no' to new board,'' Lansing State Journal, 2 Nov. 1997, 
p. A11.)

In 2008, as Chief of Richmond Police, Chris Magnus promoted Sgt. Allwyn 
Brown to Captain, leapfrogging a sergeant over lieutenancy to Captain. 
The Richmond Police Managers Association, which included managers suing 
Magnus and the department for his alleged racist comments and 
discrimination against them based on race, wrote in a Jan. 8 letter to 
City Manager Bill Lindsay that he should not allow Magnus to make ``any 
promotions at this time; but especially not interviews/
promotions to the rank of captain.''

(See: Karl Fischer. ``Richmond police chief promotes new captain 
despite internal objections,'' West County Times, 14 Jan. 2008. 
Accessed: E-Mail Forum, www.
tombutt.com/forum/2008/080117.htm.)

Chief Magnus would eventually hand the reins of the Richmond Police to 
then Assistant Chief Allwyn Brown when Magnus took the Chief of Police 
job in Tucson in 2016. The two Chiefs would be named in a 2016 lawsuit 
that claimed, ``On information and belief, defendants Chief Magnus and 
Chief Brown, had knowledge of RPD's culture, which included officer's 
soliciting sex from Jane Doe and similarly situated child sex workers 
and/or adult sex workers like Plaintiff.'' The case goes on to allege: 
failure to investigate, failure to take action against officer's, 
failure to supervise. Especially concerning was the accusation of 
having, ``acted jointly in concert, pursuant to agreement, plan and 
scheme, to hide, conceal, and confine Plaintiff away in Stuart, 
Florida.''

Would this type of witness tampering have happened in a well-run 
organization set up with checks and balances?

(See: Jane Doe v. City of Richmond; Police Chief Chris Magnus; Police 
Chief Allwyn Brown; LT. Brian Dickerson; Lt. Andre Hill; Sergeant 
Armondo Moreno; Sergeant Mike Rood, Officer Jerred Tong; Officer 
Terrence Jackson; and Does 1-200 individually, jointly and severally. 
United States District Court. Northern District of California. Case 
3:17-cv-04804 Accessed: https://www.kqed.org/news/11612922/teen-in-
police-sexual-exploitation-case-files-federal-suit-against-richmond.)

In Tucson, Chief Magnus promoted Mike Silva, a lawyer, from Legal 
Advisor to the first civilian Chief of Staff to Assistant Chief. The 
promotion to Assistant Chief violated the department's general orders 
and violated a civil service commission rule.

Would a chief of police who broke General Orders without an attempt to 
revise them before the promotion be an appropriate choice for the 
largest police agency in the country?

(See: Caitlin Schmidt. ``Tucson police union files grievances over desk 
duty, long internal reviews,'' Arizona Daily Star, 30 April 2019, p. 
A2.)

He then changed Internal Affairs from reporting to the Deputy Chief to 
reporting to Assistant Chief Silva.

Would a former Legal Advisor who broke General Orders and violated a 
civil service commission rule be a good fit to oversee Internal 
Affairs?

(See: 7/9/18 TPD Organizational Chart, 12/9/19 TPD Organizational 
Chart)

In 2020, he hid the in-custody death of Carlos Adrian Ingram-Lopez for 
over two months. He only released it when information was provided to 
the press by whistle-blowing sources. At the press conference, he 
stated, ``This notification should have taken place but I am confident 
that there was no purposeful or calculated effort to withhold this 
information. I'll remind you that this incident took place at the start 
of the most intense period of the COVID-19 pandemic and I believe the 
notification process to the public could have been missed at least in 
part due to some of the chaos that was going on during that period. But 
nonetheless, public notification should have happened. . . .''

Would a man who blames chaos for hiding an in-custody death be the 
right person to lead an organization that needs to operate effectively 
and transparently at all times?

(See: Press conference: Death of Carlos Ingram-Lopez in Tucson police 
custody)

He made a false statement to his peers at a PERF meeting stating that 
TPD never reported in-custody deaths to the press/public. He also 
stated, ``You don't know what you don't know.''

Would a Chief who deliberately kept himself in the dark, only to use 
the phrase, ``You don't know what you don't know,'' be appropriate to 
lead an agency that demands you know what's going on on our borders?

(See: PERF Virtual Town Hall June 30th, 2020 (at 1:25), https://
www.policeforum.
org/announcements#June2020TH.)

In July 2020, it was released that there was another in-custody death 
that had been hidden for over three months, Damien Alvarado. Chief 
Magnus wrote a column in the Arizona Daily Star claiming, ``To the best 
of our knowledge, for at least the last decade, TPD has not previously 
provided automatic public notifications about in-
custody deaths unless requested. . . .''

This is false; the in-custody death of Michael Carbone on March 17, 
2012, was reported in the Arizona Daily Star on March 19, 2012, and the 
in-custody death of Benjamin Sotelo on August 22, 2010, was reported in 
the Arizona Daily Star on August 24, 2010.

Chief Magnus continued providing false information stating, ``Mr. 
Alvarado fled the scene of a high-speed hit-and-run collision and 
fought with a father and son who followed him to prevent his escape.'' 
Damien Alvarado did flee the scene of the accident but the father and 
son did not follow him; the father and son went hunting for him and 
found him sitting down. The son said in his interview that his father 
said, ``Hurry the fuck up. We're gonna go get him.''

Chief Magnus goes on to describe Damien Alvarado pulling the officer's 
magazine from his duty belt and fighting. He does not talk about the 
son putting him in a choke-hold, the father body-slamming him, the 
multiple times he was tasered, or the officer's body-worn camera 
shutting down so we can't see the entire incident.

Would a person who plays ``choose your own facts'' be appropriate to 
lead the largest police agency in the country?

(See: Chris Magnus: ``Deaths in custody to be swiftly disclosed from 
now on,'' Arizona Daily Star, 10 July 2020, p. A4, 5.)

The Sentinel Event Review Board (SERB) report that resulted from the 
in-custody deaths does not accurately tell what happened to Damien 
Alvarado, leaving out the body slam and chokehold done by civilians, 
and the alleged malfunction of the officers BWC.

This is what the first officer stated in his interview after the 
incident:

``I would say probably when, when he was sitting and I first got there 
and he was behind the bush I would I mean if you wanna put something to 
it I would say passive resistance um, not, not really doing much, I, I 
was still away obviously um, the defensive resistance when he's trying 
to go over the wall um, an actual action taken to prevent control 
without making direct harm um, I would say the defensive resistance to 
active aggression um, as we were standing and he was not complying and 
trying to grab at me um, (pause) I noted with his, his demeanor and the 
look in his face and all that um, essentially the uh, where it says 
prepares to strike um, even though he made no motion with hands or 
gestures or that while we were standing um, based on the way I 
described his face earlier with the, the menacing look the, the teeth 
clenched and things like that um, he had what I would describe the, 
the, the, the facial features of which.''

A face that looks menacing and a guess from an officer that that might 
mean a preparation to strike is different from the description given to 
the SERB. John Hollway from the Quattrone Center at the University of 
Pennsylvania Carey Law School guided the review process and he said in 
an e-mail, ``He was aggressively engaging the officers, including 
kicking, throwing punches and biting. We felt the characterization of 
`fighting' was accurate in this instance.''

(See: Sentinel Event Review Board, https://www.tucsonaz.gov/files/
police/SERB/In_Custody_SERB_Final_Report_Sept_2020_Redacted.pdf.)

There is an ongoing investigation from the Arizona Attorney General's 
Office over destroyed homicide records. The Arizona Secretary of State 
Office wrote in an e-mail, ``TPD didn't contact us to get clearance for 
the scanning project and they didn't QC their scans prior to destroying 
the originals (41-151.16 A). There were a number of cases where the 
scans were so poor, the paper copies of the scans were not legible. For 
those unreadable records, TPD discovered that a previous Records 
Supervisor had filled out a notice of Records Destruction Prior to 
Disposition but never sent it to us. Dennis spoke with the TPD records 
officer, and she is sending a copy of that notice so we can file it 
with the other paperwork.''

Internal Affairs Case #19-0553 details wildly disorganized cold case 
homicide and sexual assault records and details boxes of records 
stored, unsecured, in hallways and on the floor; records stored at risk 
for water damage, sewage contamination, fire, etc.

Internal Affairs Case #20-0620 confirms that the department was not in 
compliance with ARS 13-4271 which outlines the various requirements 
needed to maintain a Cold Case Registry.

At a CPARB meeting, a Lieutenant said of the complainant in the above 
referenced IA cases, ``She is going through and identifying issues that 
we had with our processes back then and some issues that are still 
current today and we're making corrections on 'em . . . we are 
addressing the complaints as they come in and making the corrections.''

Can we count on civilians to discover the larger issues on the border 
and make complaints when rules are systemically broken and standards 
are not maintained?

In reviewing an internal affairs document, Chief Magnus reduced the 
punishment for a non-uniformed employee who used a police car to 
intimidate his Muslim neighbors. Witnesses stated that the employee's 
wife harassed the Muslim family, telling neighbors that they burned an 
American flag and were dangerous Muslims and were a threat to the 
community. The TPD employee also let his pit bull loose on their eight-
year-old child. The employee, who allegedly would tell people he was a 
police officer, had been ordered not to take patrol cars home; he did 
it anyway. The employee threatened to grieve his punishment of a week's 
suspension without pay but his chain of command stood by it. The Chief 
then overrode the decision and reduced it from orange to yellow and 
gave him half of the suspension money back for the time he was 
suspended. I believe he reduced the punishment to avoid a grievance.

I'm concerned for refugee children if he leads the Border Patrol. How 
is he even being considered for a job where children already get lost 
in the system?

These are serious issues clouding the nomination of Chris Magnus for an 
agency that is already under intense pressure due to a surge in 
refugees. I believe he created a shell that insulated him from what 
went on underneath his authority. Thus his, ``You don't know what you 
don't know'' statement. He is not fit to head the Border Patrol because 
he turns a blind eye, he hides things, he doesn't take responsibility; 
he ducks.

A man who just wants the title and protects his own should be 
disqualified from dealing with a crisis the magnitude of which no one 
has dealt with before. A man who makes things disappear should not be 
the leader of an agency from which the public demands transparency. 
Chris Magnus is not the man to call to respond to the unprecedented 
masses of humanity huddled together at our border.

Please give this every consideration given the high level of 
responsibility that the position of Commissioner of U.S. Customs and 
Border Protection demands.

Sincerely,

Laura I. Doan

                                 ______
                                 
                     Express Association of America

                       9893 Georgetown Pike, #805

                         Great Falls, VA 22006

                   [email protected]

                              703-759-0369

           Statement of Michael C. Mullen, Executive Director

    The Express Association of America (EAA) is providing these 
comments incident to the recent hearing to consider the nomination of 
Chris Magnus as Commissioner of U.S. Customs and Border Protection 
(CBP). We are highlighting issues of particular importance to the 
express industry that we feel Mr. Magnus should be considering as he 
prepares to assume his new position, if confirmed. We hope to meet with 
Mr. Magnus at a mutually convenient time to discuss these issues in 
more detail.

    EAA members are DHL, FedEx, and UPS, the three largest express 
delivery service providers in the world, providing fast and reliable 
service to the U.S. and more than 220 other countries and territories. 
These EAA member companies have estimated annual revenues in excess of 
$200 billion, employ more than 1.5 million people, utilize more than 
1700 aircraft, and deliver more than 30 million packages each day. EAA 
members employ nearly 1 million people in the United States, and U.S. 
employment has grown 27% over the past five years. They plan to add 
another 160,000 employees for the upcoming peak holiday season.

I. E-commerce and Border Clearance Modernization

    With the advent and growth of e-commerce, global trade has changed 
dramatically since the last comprehensive rewrite of the U.S. customs 
laws in 1993. For this reason, the express industry welcomes CBP's 
initiative to address modern trade challenges and opportunities, known 
as the 21st Century Customs Framework (21CCF) initiative. In 
particular, it is critical that the 21CCF define responsibilities for 
newer actors whose business models did not exist in 1993. At the same 
time, as a world leader in customs administration, there are several 
parts of the U.S. customs process that should be preserved--and even 
built upon--in the 21CCF.

        Over the last few decades, the world has witnessed the shift 
from container-based trade among predominantly large traders to small 
package-based trade among a whole new host of stakeholders. While 
presenting challenges for customs administrations around the world, 
this shift also brings unprecedented opportunities to make global trade 
more inclusive by encouraging small, and medium-sized enterprises 
(SMEs) to participate in the global economy.
        On the other hand, the areas where CBP is considering changes 
could potentially result in a massive reorganization and redesign of 
current trade practices. The result of these changes could be the 
elimination of very successful business models that the express 
industry and other actors have developed, along with SMEs, to support 
the entire structure of e-commerce. Where changes are needed, CBP 
should seek low-cost, technology-driven solutions that make trade 
easier for SMEs as the agency continues the 21CCF's formulation.
        For example, in requiring new data from actors who already 
submit data regularly to the agency, CBP should take an extremely 
collaborative and cautious approach, much like what the agency did for 
the Air Cargo Advance Screening initiative. The 21CCF needs a ``co-
creation'' solution, where the public and private sectors identify the 
challenge they are trying to address and leverage the best practices 
available to develop a feasible joint solution. While CBP deserves 
credit for its outreach efforts to date, we believe more in-depth and 
widespread engagement of the private sector is needed as the agency 
fills in the details behind its proposal.
        CBP correctly recognized long ago that express shipments 
require customs procedures that help the industry and CBP alike in 
handling the high volume of time-sensitive shipments. To this day, the 
express process remains based on shared responsibility, dedicated 
funding and infrastructure, and technology (e.g., the pioneering use of 
advanced electronic data). In other words, the express clearance model 
is already consistent with the 21CCF's conceptual goals as articulated 
by CBP.
        The 21CCF should not negatively impact U.S. exporters, 
especially SMEs. Governments at the World Customs Organization look to 
the U.S. for leadership and as a potential global best practice. The 
U.S. must be mindful that approaches taken on U.S. importing processes 
could be mimicked by other countries, and the impact on U.S. 
manufacturers and exporters, notably SMEs, could be significant, with 
increased costs for goods in each of their export markets. This could 
further drive down the volume of U.S. exports, particularly from SMEs.
        In crafting a legislative proposal, CBP should take into 
account competitive considerations. For instance, any new requirements 
must apply equally to express and international mail shipments.
        We support regulations that enable all supply chain 
participants, including online marketplaces, online payment providers 
and others, to be more accountable. We support CBP's goal of obtaining 
data from parties at earlier stages in the supply chain and ensuring 
accountability from participants with unique access to information 
which other filers may not have.
        Platforms should be required to verify their sellers and be 
the responsible party at the border for any IPR violative products sold 
on their platform. CBP should establish partnerships with e-commerce 
platforms and deepen and broaden their partnerships with carriers as a 
means of identifying and interdicting illicit shipments. CBP could 
leverage partnerships with e-commerce platforms to more accurately 
identify shippers who have a long history of compliant behavior, which 
would allow the agency to provide expedited clearance for products with 
a history of compliance and focus their resources on less well-known 
shippers.
        The express industry will continue to provide the significant 
level of support to CBP IPR interdiction efforts in express facilities, 
which is a best practice that ensures these operations are particularly 
effective.

II. New data requirements

    The express industry provides a significant level of detailed 
electronic information on every shipment it brings into the United 
States. When any doubt exists regarding a shipment's compliance will 
all laws and regulations, EAA members can provide CBP extensive 
additional information derived from shipping orders, invoices and other 
sources. To manage the challenge of increased volumes caused by the 
rapid growth of ecommerce, CBP has been running the 321 Data Pilot and 
the Type 86 Entry Test, and, based on lessons learned from those 
efforts, is considering new regulations requiring additional data 
elements for e-commerce shipments. EAA members are concerned that the 
complexities of merging data from newly regulated parties like 
platforms with manifest information CBP receives from express carriers 
could cause clearance delays and major backups on the border. Further, 
including a requirement to submit a Harmonized Tariff System (HTS) 
number for e-commerce shipments is not necessary and would effectively 
eliminate the current streamlined clearance process the express 
industry employs for low value shipments. As the agency noted when 
promulgating the customs regulations for express clearance, the 
streamlined nature of this process benefits both CBP and express 
providers. Undoing this facilitative process would add undue 
complexities into logistics and supply chains at a time when the United 
States is already struggling with these issues. This would be 
particularly damaging to small and medium-sized enterprises and 
consumers and, if the same practice is adopted by other countries, 
would hurt U.S. exporters.

        CBP has not described how they would operationalize having 
multiple parties submitting data on the same shipment, or even 
identified which parties would be responsible for each element. CBP 
must be able to merge information from new parties with the data it 
already receives from express and other carriers in a way that doesn't 
undermine current processes, e.g., by jeopardizing the ``just-in-time'' 
business model that the express sector built and millions of businesses 
and consumers rely upon.
        For example, the express carrier, as the initial filer of 
manifest information, could lose the visibility they currently have in 
the clearance process and could be stuck waiting for a release message 
from CBP as the agency awaits data from other parties. The express 
carrier would have no way to know if the data set is complete and could 
be forced to collect the data themselves and transmit it to CBP to 
obtain the shipment's release. This could put the sector at a 
competitive disadvantage to those companies that act as both a platform 
and carrier.
        CBP needs to specifically identify the data elements they 
``need'' and justify the need by showing how the data fits into an 
overall strategic enforcement process. Additionally, the same 
information should not be required to be provided multiple times by the 
same submitter in different formats and applications.
        CBP should consider making the provision of new data elements 
voluntary as opposed to a mandatory requirement. CBP could provide 
relevant rewards such as more rapid clearances and fewer inspections to 
incentivize supply chain participants to submit new data voluntarily. 
This process also would provide more time and experience with the 
submission of the new data elements and thus allow companies to refine 
their procedures accordingly in a penalty-free environment.
        CBP has recognized--and commended--the processes put in place 
by the express industry to provide the agency with additional data to 
assist in the process of segmenting out risk for shipments. CBP should 
continue to allow the express industry the ability to utilize these 
processes as opposed to regulating new requirements for these 
shipments.

III. Automated Commercial Environment (ACE) Modernization

    The ACE system deployed over the past two decades is the technical 
backbone on which all information processing for shipments entering and 
leaving the United States relies. It is therefore mandatory that this 
system includes a robust backup capability to avoid extensive 
downtimes. and that it provides all the automated functionality both 
the Government and the trade community require to conduct efficient 
clearance operations. Since 2016, new development of ACE capabilities 
has been frozen and an adequate level of resources to support further 
development is not being provided. Specifically, ACE needs to provide 
the following functionality:

        CBP needs to focus ACE development on providing a true multi-
modal manifest functionality across all modes of transportation for 
both import and export. The trade community currently faces a series of 
challenges which ACE was designed to meet, including a lack of 
capability to handle and track in real time the intermodal transfer of 
non-U.S.-origin shipments, insufficient functionality to allow the 
supply chain to efficiently handle in-bond shipment transfer, a lack of 
integration between the import and export manifest systems, and a lack 
of necessary visibility and real-time status notifications on shipments 
for which a trade party has responsibility under its bond.
            Critical ACE manifest enhancements are needed 
to adequately address the visibility and oversight gaps that CBP has 
identified with regard to the agency's efforts to manage shipments 
arriving in the U.S. through e-commerce business models. The 
improvements outlined below are the most important steps CBP could take 
to enhance its ability to interdict illicit shipments coming through e-
commerce supply chains.
            There is particular concern that the ACE 
development that is taking place currently is not being done with the 
overall integration needs among the multiple manifest systems in mind. 
CBP's ACE development process should include substantive and in-depth 
work with the multi-modal carrier community to understand standard 
trade processes and practices, the specific needs/desires of the trade, 
and the nature of the particular ACE gaps that carriers have identified 
as deleterious to the efficient movement of cargo.
        CBP needs to provide the functionality to ensure the supply 
chain can efficiently handle in-bond shipment transfers through a fully 
electronic process that allows bonds to be transferred between parties 
seamlessly and coincident with the transfer of the goods. The 
functionality should include seamless real-time electronic in-bond 
transfers within and across all modal manifest systems and broker 
systems when cargo is physically transferred from one party to another.
        CBP needs to create an automated export manifest process as 
outlined in the COAC White Paper, ``Export Operations for the 21st 
Century,'' with the following characteristics:
            A progressive filing framework that optimizes 
Government targeting capabilities.
            Operationally feasible deadlines for data 
submissions.
            A mutually supportive approach to conducting 
inspections.
            A rational approach to penalties.
            No paper submissions at any part of the 
process.
            Use of U.S. export data as foreign country's 
import data.

IV. STOP Act Implementation

    As the title of the Synthetics Trafficking and Overdose Prevention 
Act of 2018 (STOP Act) implies, the law's primary purpose is to protect 
the health and safety of the American people by interdicting the 
importation of illegal opioids and other illicit drugs through the U.S. 
Postal Service (USPS). The interim final rule (IFR) CBP published in 
March 2021 falls short of achieving this goal by providing too many 
exceptions and exclusions for postal shipments that will not be subject 
to the new regulation. Robust enforcement will be critical to ensuring 
these loopholes do not result in failing to effectively reduce the 
threat of fentanyl and other illicit drugs continuing to plague U.S. 
citizens.
        Additionally, a critical issue with the publication of any new 
regulation is that the Government ensure the measure does not create 
competitive disadvantages among the commercial entities affected by the 
new rule. A new regulation must be consistent with similar rules that 
already impose specific requirements on private sector parties 
regarding information that must be submitted to the Government, 
measures to ensure supply chain security, and steps aimed at 
interdicting illicit shipments from being imported into the United 
States. The STOP Act specifically highlights this requirement for 
parity where it states that the data requirements imposed by the law on 
USPS will be ``comparable to the requirements for the transmission of 
such information imposed on similar non-mail shipments of cargo.'' In 
short, the Government must at all times ensure a level playing field 
among competitive supply chain participants is being maintained with 
regard to the impact of official regulations.
        The regulation published in March falls short in properly 
identifying and addressing the competitive components among the 
relevant supply chain participants. The requirements imposed by the 
rule on postal operators for the submission of advance electronic 
data--most significantly, the number of exceptions the rule provides--
are substantially more lax than the existing regulations with which 
express consignment operators (ECO) and other air cargo carriers must 
comply. As CBP knows, the volume of parcels imported into the United 
States on a daily basis by USPS dwarfs the combined volume of the three 
ECOs who are members of EAA. Ensuring CBP and all other Government 
agencies have the full set of data required to determine whether this 
enormous volume includes any threats to the health and safety of the 
American people, or the security of the air cargo industry, is thus 
critically important.
        In publishing a final rule to implement the STOP Act, CBP 
needs to address the specifics on the significant competitive 
imbalances created and furthered by the IFR, as well as the 
vulnerabilities it leaves open.

V. Managing all Government operations on the border

        The increasing expansion of Government agencies' requirements 
for information on imports, and the concomitant proliferation of agency 
inspectional personnel on the border, demands that CBP play a more 
effective role as the manager of the border clearance enterprise. Up to 
40 Government agencies now have some authority for collecting 
information on imports, and several have inspectional personnel 
deployed on the border. This situation is causing backups on the 
border, and without centralized management of the process it will only 
get worse.
            CBP needs to ensure that if data being required 
by other agencies is already resident in ACE as a result of CBP's or 
another agency's requirements, that information should not need to be 
reported again through a separate submission.
            Agencies interested in clearance data and 
conducting their own inspections must do so through ACE manifest and 
entry functionality and in real time when entries and manifests are 
submitted, rather than as a post release process when cargo may have 
already been delivered.
            When CBP is the only agency present in some 
facilities, such as express hubs, during off hours, other agencies 
should assign their inspectional responsibilities to CBP officers with 
the required training to conduct the clearance operations. Any agency 
which desires to conduct their own inspections must have their 
personnel available in the facility when CBP is clearing the shipments.
            To begin this process, CBP should undertake a 
comprehensive review of import and export requirements in conjunction 
with the other agencies with a view toward streamlining and simplifying 
requirements.

VI. Forced Labor

    The express industry shares the Government's abhorrence of forced 
and child labor and its determination to ensure no products are 
entering the United States through supply chains where this crime is 
being committed. We are best able to meet this goal when CBP identifies 
specific companies using forced labor, allowing us to avoid shipping 
any of their products. Complying with the blanket withhold release 
order (WRO) on all products containing cotton or tomatoes from Xinjiang 
Province has been more of a challenge, as EAA members do not have 
visibility back to the origins of supply chains that might contain 
these products. The Government needs to institute a robust information 
sharing program with the trade community to meet this challenge, as the 
Government possesses the most widespread and reliable information 
sources on the problem. We have found that the most successful approach 
to interdicting forced labor violative shipments is through extensive 
dialogue with port level officials and a flexible approach to enforcing 
existing regulations.

                                 ______
                                 
                    Letter Submitted by George Menig
Dear Senators,

Watching the Confirmation Hearing for CBP Commissioner nominee Chris 
Magnus I was stunned by his lack of preparedness for this ``job 
interview''. He had 6 months to prepare.

Not being able to speak to laws and topics specific to the position he 
is seeking was extremely disappointing as he is being considered for 
appointment to head the largest law enforcement agency in our Country.

As a Tucson, AZ resident I had concerns about his nomination prior to 
this Hearing. His poor Hearing performance added to my concerns.

He has been the police chief here since 2016. During his tenure violent 
crime has not just increased, it has skyrocketed.

There were 31 homicides when he took over in 2016. Each year there have 
been dramatic increases in lives lost to violent crime in Tucson.

Last year (2020) there were 66 homicides.

This year (2021) we are at 80. 80 is a new record and there are two 
months to go in the year.

Media report: Violent week pushes Tucson to all-time record for 
homicides (kold.com), https://www.kvoa.com/news/tucson-breaks-all-time-
record-for-homicides-in-a-year-with-80/article_8a5514b0-338a-11ec-9e01-
3746632de146.html.

There is a non-fatal shooting at least 3 times a week.

Tucson cops are engaged in gun battles at least once a month.

He has no plan to address the crime issue. He ignores it. On the rare 
occasion the media asks him about crime he offers lame excuses and 
dances around the topic with a word salad of nonsense.

Having spent 28 years in law enforcement--20 with the NYPD retiring as 
a 
Detective-Lieutenant and 8 with the Cody WYPD as an Assistant Chief--I 
know police work, leadership, and the human heartbreak of victims of 
violence.

Change can be affected to address/lower crime.

During my time with the NYPD the City went from having a major crime 
problem to being the safest city in the Country. NYC went from 2,245 
homicides (1990) to below 300 by 2017. There were massive declines in 
all crime categories. This translated into lives saved and less people 
being the victim of crimes against person and property. People felt 
safe. Innovative and effective leadership achieved that success. It is 
both sad and disgusting that crime is raging here in Tucson. The 
reason--Chief Magnus is not an effective leader, and the citizens of 
Tucson have suffered.

He was asked about his leadership style at your hearing. He said all 
the things an interviewer wants to hear. It is a shame there were no 
follow-up questions regarding how he has employed his leadership style 
to solve problems. But why didn't he volunteer any leadership success 
stories? As a police chief crime IS the main concern as it is a public 
safety issue. People do not feel safe in Tucson. They fear being a 
victim. They have every right to feel that way as the dramatic rise in 
crime has instilled that feeling. He couldn't provide a leadership 
success story, not with violent crime ravaging the city, not with 2 
people a week being murdered.

Magnus refused to acknowledge that the border problem is a ``crisis'' 
and instead attempted to deflect away from the issue and engage in 
semantics. He does the same here in Tucson when the media asks about 
the rise in homicides. Instead of addressing the question of why and 
what he is doing about it, he deflects by touting the high solve/arrest 
rate AFTER a homicide occurs. Engaging in semantics and deflection is 
not law enforcement executive leadership. Should he be confirmed expect 
more of the same; a lot more.

In 2020 his officers were involved in a questionable use of force 
incident in which the subject died. The immediate reaction by Chief 
Magnus was to offer up his resignation. That is not leadership.

At his hearing he was asked about the incident involving CBP officers 
on horseback that has raised use of force concerns. Magnus stated that 
a thorough and complete investigation is necessary before making 
judgement. An acceptable answer. But his past actions indicate that he 
would run from the problem instead of facing scrutiny and doing his 
job.

A further concern is his past interaction with the CBP. The Tucson PD 
and the CBP interact on a regular basis; not only because of Tucson's 
proximity to the border, but there is a major CBP facility located here 
in Tucson. In 2017 there was an escaped CBP prisoner from a Tucson 
hospital. The CBP set up a temporary command post inside the Tucson PD 
headquarters to organize and direct a multi-agency response to the 
escaped prisoner incident. This was standard operation procedure for 
such an incident. But when Chief Magnus was informed of the situation 
the CBP were ordered to leave the Tucson PD headquarters and denied 
further assistance by the Tucson PD. This incident generated media 
attention and has had a negative impact on the Tucson PD/CBP 
relationship. Chief Magnus issued a press release stating:

``Due to the current political climate regarding immigration 
enforcement they refused to assist Tucson Sector Border Patrol.''

Media report: ``Exclusive: Tucson PD Evicts Border Patrol Agents Trying 
to Catch Illegal Escapee,'' Observer Politics over public safety. When 
public safety is minimized lives lost is the cost, https://
observer.com/2017/03/tucson-police-evict-border-patrol-agents-trying-
to-catch-illegal-escapee/.

Expect more of the same from him should he be confirmed.

He has been a police chief of three agencies over his career. Tucson, 
with 850 officers, is by far the largest agency. It is what career 
motivated police chiefs do--they build experience and move on to bigger 
challenges and larger agencies.

For Magnus to be considered for a position of leading 60,000 employees 
when the largest agency he has led is 850 members is concerning. Maybe 
if he had a record of impressive achievements or innovativeness for 
problem solving, he should be deserving of consideration. But he has 
neither. His 5 years at the Tucson police chief have not showcased 
success. It has been the exact opposite; an abject failure. The Tucson 
PD crime statistics (open-source material) confirm this.

His performance at this Hearing highlighted concerns regarding someone 
who is not qualified for this position. He was unable to answer some 
knowledge-based questions regarding the position, the agency, and 
applicable laws.

He was unprepared, uninformed and unimpressive. It was an embarrassing 
performance the residents of Tucson have seen over and over again 
during his tenure.

I understand the politics regarding this nomination; that this is a 
Presidential nomination and that some of you in position to decide on 
his confirmation are of the same political party. The sensitive nature 
of this post, as CBP Commissioner, especially in today's climate 
deserve a qualified person to lead the agency regardless of politics.

Magnus is woefully unqualified for the position of CBP Commissioner. 
The men and women of the CBP deserve better. The American citizens 
deserve better.

Should Magnus be confirmed HE will be the next crisis at the border. He 
does not possess the management experience to head a 60,000 person 
agency with a $15 billion budget (Tucson PD--850 officers with a budget 
of $166 million). Nor does he possess the knowledge and leadership 
skills to address the diverse and complex issues the CBP is tasked as 
evident by his inability to answer many agency specific questions and 
his proven public safety failure as a police chief.

I respectfully request that you do not confirm Magnus for this 
position.

Thank you.

George Menig

                                 ______
                                 
                          Protect America Now

                  530 E. McDowell Rd. #107, Bldg. 252

                           Phoenix, AZ 85004

                                                       May 28, 2021
United States Senator Michael Crapo
239 Dirksen Senate Office Building
Washington, DC 20510

RE: Chris Magnus Nomination for CBP Commissioner

Senator Crapo:

We write today to strongly oppose Chris Magnus for Customs and Border 
Protection (CBP) Commissioner.

America's Sheriffs are working hard on the front lines to protect their 
neighbors and communities. Protect America Now believes that the best 
days of America are still ahead but there are many threats and attempts 
to make America less safe, less secure, and ultimately less free. 
Whether the issue is an attempt to trample on our Constitution and 
reject law and order, infringe on our second amendment rights, tolerate 
rampant illegal immigration or increasing taxes on working families, 
all of these issues are attempts to attack our freedoms.

As Police Chief in Tucson, Arizona, Magnus has a proven record of 
opposing the very mission of the agency to which he is up for 
consideration. Magnus opposes border protection so much he avoided 
coordinating with CBP at every turn in his service as Tucson Police 
Chief.

      ``Testifying to a Senate committee in 2018, Magnus called 
enhancing the border wall a waste of resources better spent on other 
law enforcement needs.''\1\
---------------------------------------------------------------------------
    \1\ https://www.kgun9.com/news/local-news/cbp-candidate-tpd-chief-
magnus-critical-of-past-border-policies.
---------------------------------------------------------------------------
      Magnus is an outspoken opponent of Operation Stonegarden, a 
federal program that supports state and local law enforcement working 
along the U.S. border and totaled $90 million in total funding for 
fiscal year 2021.\2\
---------------------------------------------------------------------------
    \2\ https://fronterasdesk.org/content/1674289/tucson-police-chief-
tapped-head-customs-and-border-protection.
---------------------------------------------------------------------------
      ``The Border Patrol's union . . . has sparred with Magnus over 
local enforcement operations as well.''\2\

Customs and Border Protection officials serve on the front lines 
enforcing the most critical function of our country: border protection. 
Without a border we are a nation without law and order and taxpayers 
deserve agencies that implement laws as written. Magnus has made it 
clear he does not believe in border protection, so we should not bother 
him with leading an agency whose mission he opposes.

We strongly ask that you oppose Chris Magnus for CBP Commissioner.

Respectfully,

The Advisory Committee Sheriffs of Protect America Now

Sheriff Mark Lamb of Pinal County, 
AZ                                  Sheriff Tom Hodgson of Bristol 
                                    County, MA
Sheriff Wayne Ivey of Brevard 
County, FL                          Sheriff Jim Arnott of Greene 
                                    County, MO
Sheriff Tony Childress of 
Livingston County, IL               Sheriff Scott Jenkins of Culpeper 
                                    County, VA
Sheriff Mike Lewis of Wicomico 
County, MD

                               [all]