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67–977—PDF 2010

S. HRG. 111–1064 

NOMINATION OF ALAN D. BERSIN 

HEARING 

BEFORE THE

COMMITTEE ON FINANCE 

UNITED STATES SENATE 

ONE HUNDRED ELEVENTH CONGRESS 

SECOND SESSION 

ON THE

NOMINATION OF 

ALAN D. BERSIN, TO BE COMMISSIONER OF CUSTOMS, 

DEPARTMENT OF HOMELAND SECURITY 

MAY 13, 2010 

( 

Printed for the use of the Committee on Finance 

COMMITTEE ON FINANCE 

MAX BAUCUS, Montana, Chairman 

JOHN D. ROCKEFELLER IV, West Virginia 

KENT CONRAD, North Dakota 

JEFF BINGAMAN, New Mexico 

JOHN F. KERRY, Massachusetts 

BLANCHE L. LINCOLN, Arkansas 

RON WYDEN, Oregon 

CHARLES E. SCHUMER, New York 

DEBBIE STABENOW, Michigan 

MARIA CANTWELL, Washington 

BILL NELSON, Florida 

ROBERT MENENDEZ, New Jersey 

THOMAS R. CARPER, Delaware 

CHUCK GRASSLEY, Iowa 

ORRIN G. HATCH, Utah 

OLYMPIA J. SNOWE, Maine 

JON KYL, Arizona 

JIM BUNNING, Kentucky 

MIKE CRAPO, Idaho 

PAT ROBERTS, Kansas 

JOHN ENSIGN, Nevada 

MICHAEL B. ENZI, Wyoming 

JOHN CORNYN, Texas 

RUSSELL SULLIVAN, Staff Director 

KOLAN DAVIS, Republican Staff Director and Chief Counsel 

(II) 

C O N T E N T S 

OPENING STATEMENTS 

Page 

Baucus, Hon. Max, a U.S. Senator from Montana, chairman, Committee 

on Finance ............................................................................................................ 1 

Grassley, Hon. Chuck, a U.S. Senator from Iowa ................................................. 7 

CONGRESSIONAL WITNESS 

Boxer, Hon. Barbara, a U.S. Senator from California .......................................... 3 

ADMINISTRATION NOMINEE 

Bersin, Hon. Alan D., nominated to be Commissioner of Customs, Department 

of Homeland Security, Washington, DC ............................................................. 4 

ALPHABETICAL LISTING AND APPENDIX MATERIAL 

Baucus, Hon. Max: 

Opening statement ........................................................................................... 1 

Prepared statement .......................................................................................... 31 

Bersin, Hon. Alan D.: 

Testimony .......................................................................................................... 4 

Prepared statement with attachment ............................................................. 33 

Biographical information ................................................................................. 44 

Responses to questions from committee members, with attachments ......... 57 

Boxer, Hon. Barbara: 

Testimony .......................................................................................................... 3 

Prepared statement of Hon. Dianne Feinstein .............................................. 145 

Grassley, Hon. Chuck: 

Opening statement ........................................................................................... 7 

Prepared statement .......................................................................................... 147 

Memorandum for Finance Committee Members dated May 12, 2010, with 

attachments ................................................................................................... 149 

(III) 

(1) 

NOMINATION OF ALAN D. BERSIN, 

TO BE COMMISSIONER OF CUSTOMS, 

DEPARTMENT OF HOMELAND SECURITY 

THURSDAY, MAY 13, 2010 

U.S. SENATE, 

COMMITTEE ON FINANCE, 

Washington, DC. 

The hearing was convened, pursuant to notice, at 10:11 a.m., in 

room SD–215, Dirksen Senate Office Building, Hon. Max Baucus 

(chairman of the committee) presiding. 

Present: Senators Conrad, Bingaman, Wyden, Cantwell, Grassley, Bunning, and Cornyn. 

Also present: Democratic Staff: Bill Dauster, Deputy Staff Director and General Counsel; Amber Cottle, Chief International Trade 

Counsel; Ayesha Khanna, International Trade Counsel; Hun 

Quach, International Trade Analyst; and Mary Baker, Detailee. Republican Staff: Nick Wyatt, Tax and Nomination Professional Staff 

Member; and Tony Coughlin, Tax Counsel. 

OPENING STATEMENT OF HON. MAX BAUCUS, A U.S. SENATOR 

FROM MONTANA, CHAIRMAN, COMMITTEE ON FINANCE 

The CHAIRMAN. The hearing will come to order. 

Theodore Roosevelt said, ‘‘The virtues of courage, honor, justice, 

truth, sincerity, and hardihood made America.’’ Mr. Bersin, President Obama has appointed you Commissioner of Customs and Border Protection, or CBP. As such, you and the agency that you lead 

must display the traits that President Roosevelt defined as indelibly American. You must show courage, honor, justice, truth, sincerity, and hardihood. 

You, and the agency that you lead, are the face of America. Customs agents represent America to millions who come across our 

borders every year. When Americans return home from foreign soil, 

your agents greet them. When immigrants reach our borders, your 

agents meet them. When merchandise flows across our borders, 

your agents facilitate trade. When foreign merchants send goods to 

our country, you enforce our trade laws. When wrongdoers send 

hazardous products to our shores, your agents work to protect us. 

Mr. Bersin, you have a tall order. Customs and Border Protection 

has a twin mission. It helps to maintain our economic security, and 

it helps to defend our national security. As you pursue your tasks 

as Commissioner, you must commit to carrying out both of your 

agency’s twin missions, and you must do so with equal fervor. 

2 

You must remember that your agency’s historical mission is to 

facilitate international trade. From the beginning, it enforced 

America’s trade laws, and you must renew and strengthen your 

focus on this historical trade mission. You must do so, not at the 

expense of your security mission, but in concert with it. I expect 

you to bring as much sincerity and hardihood to this task as I 

know you will bring to securing our Nation’s borders. 

International trade is a vital component of the American economy. In 2009, America imported more than $1.5 trillion of goods. 

Our economy simply cannot function without the smooth flow of 

international trade. Last summer, Senator Grassley and I introduced the Customs Facilitation Trade Enforcement Reauthorization 

Act, and we hope that this committee and this Congress will address Customs reauthorization this year. 

As the Commissioner of Customs, you must carry out your duties 

and represent America with courage, honor, and truth, and you 

should display these virtues in your personal life, as well as in your 

professional capacity. At the heart of your credibility as the Commissioner of CBP will be the enforcement of the laws about whether employees are legally able to work here. This duty goes to the 

heart of the responsibilities of the Department of Homeland Security. 

Mr. Bersin, while the Finance Committee was vetting your nomination we discovered that you failed to properly complete and 

maintain employment eligibility verification forms, otherwise 

known as I–9s. You failed to do so for any of the 10 household employees whom you employed over the past 2 decades. As the person 

responsible for securing the Nation’s borders, your failure to follow 

the law in this matter is unacceptable. 

During the April recess, President Obama exercised his power to 

make recess appointments. Among those appointment was yours. 

The Constitution gives the President that right. But it is also the 

right of the Senate, and the role of this committee, to review your 

record and decide whether you will be allowed to continue your 

service beyond 2011. 

The committee has a constitutional responsibility to the American people to carefully review nominations in its jurisdiction, and, 

as a nominee for Commissioner, you have a responsibility to provide complete and honest information. 

Now, however, that you have been appointed, it is now your duty 

to both facilitate our economic security and to ensure our national 

security. As you do so, I urge you to consider carefully the traits 

that President Roosevelt described as ‘‘quintessentially American.’’ 

I urge you to adopt these traits as you fulfill your new leadership 

responsibilities, and I urge you to conduct yourself and your agency 

in a manner that brings pride to your office, your people, and your 

country. 

Now to our witness. But first, the Senator from California, Senator Boxer, has asked to introduce our witness. 

Senator Boxer, we are very, very honored to have you here. Why 

don’t you proceed? 

3 

STATEMENT OF HON. BARBARA BOXER, 

A U.S. SENATOR FROM CALIFORNIA 

Senator BOXER. Thank you so much, Mr. Chairman and members 

of the committee. 

I would ask unanimous consent that you would place into the 

record Senator Feinstein’s statement on behalf of Alan Bersin. 

The CHAIRMAN. Without objection. 

[The prepared statement of Senator Feinstein appears in the appendix.] 

Senator BOXER. I am so pleased to be here today to introduce 

Alan Bersin, President Obama’s nominee to be Commissioner of the 

U.S. Customs and Border Protection. Mr. Bersin, who has been 

serving as Commissioner since March, is a trusted public servant 

with a wealth of experience and knowledge on issues critical to the 

mission of U.S. Customs and Border Protection: border security, enforcing the law, and protecting our Nation’s homeland and economic security. 

I have known Alan for many years, and in 1993 I recommended 

that President Clinton nominate him to serve as the U.S. Attorney 

for the Southern District of California. In addition to his U.S. Attorney’s duties, he was named by Attorney General Janet Reno to 

be her Special Representative for U.S. Border Issues. 

As the border czar, Alan was responsible for coordinating all Federal law enforcement activities on the southwest border, stretching 

from Texas to California. He made strengthening the southwest 

border and cracking down on drug smugglers his top priorities. 

It was during this time that Alan learned of the many challenges 

facing law enforcement personnel on the border, a perspective that 

has served him well as Assistant Secretary for International Affairs and Special Representative for Border Affairs at the Department of Homeland Security, and now as U.S. Customs and Border 

Protection Commissioner. 

Mr. Chairman and members, Californians understand the mission and the work of U.S. Customs and Border Protection very 

well. Many of my constituents work for CBP, and countless other 

Californians have frequently contacted CBP officials, whether they 

are local law enforcement officials who help protect our border and 

prevent the flow of illegal drugs; port officials and transportation 

workers who move cargo in and out of California’s land and seaports; or business owners seeking a steady, safe, and legitimate 

flow of goods between nations. 

Californians also know Alan Bersin very well. Throughout his career, Alan has gained the confidence and the respect of leaders in 

both parties. He was appointed California’s Secretary of Education 

by Republican Governor Schwarzenegger; and my friend Jerry 

Sanders, the Republican Mayor of San Diego, selected Alan to lead 

the San Diego Regional Airport Authority. 

Alan also has led the San Diego County School District, served 

on the California State Board of Education, taught law at the UC 

Berkeley’s Boalt Hall and the University of San Diego School of 

Law, and he served as Special Counsel to the Los Angeles Police 

Commission. 

Governor Schwarzenegger has called Alan ‘‘an expert on border 

security issues’’ who ‘‘knows the importance of encouraging legitiVerDate Nov 24 2008 19:19 Sep 16, 2011 Jkt 000000 PO 00000 Frm 00007 Fmt 6633 Sfmt 6633 R:\DOCS\67977.000 TIMD
4 

mate international trade and travel.’’ Californians know that Alan 

understands the key role U.S. Customs and Border Protection 

plays in securing our borders, keeping Americans safe, and protecting U.S. economic interests. This is a very important time for 

U.S. Customs and Border Protection. 

Our Nation faces many challenges and threats at the border, 

with illegal immigration, drug smuggling, and violence in Mexico 

threatening our border communities. In addition to defending our 

borders, every day CBP officials deal with the enormous task of ensuring the safety and security of trade cargo that enters the U.S., 

preventing intellectual property theft and counterfeiting, and enforcing trade laws. 

They also ensure safe and legitimate travel in and out of the 

U.S.; patrol nearly 7,000 miles of land border with Mexico and 

Canada; and process over 57,000 truck, rail, and sea cargo containers. They seize illegal drugs, they apprehend criminals, and 

they inspect cargo for harmful agricultural pests. They serve on the 

front line in so many critical areas, and Alan Bersin is uniquely 

qualified to lead this agency. So, I join those Republicans and 

Democrats alike who say to you, please move forward with this 

confirmation. We thank you so very much for the opportunity to be 

here. 

The CHAIRMAN. Thank you, Senator, very much. We deeply appreciate your advising the committee of what course we should 

take. Thank you. 

Senator BOXER. Thank you very much, Mr. Chairman. 

The CHAIRMAN. All right. Mr. Bersin, your full statement will 

also be in the record. Why don’t you proceed? 

STATEMENT OF HON. ALAN D. BERSIN, NOMINATED TO BE 

COMMISSIONER OF CUSTOMS, DEPARTMENT OF HOMELAND 

SECURITY, WASHINGTON, DC 

Mr. BERSIN. Thank you, Mr. Chairman. Good morning, Chairman 

Baucus, members of the committee. I thank you for this opportunity to appear here today. 

Senator Baucus, I look forward, in the context of these questions 

and answers, to responding very directly to the concerns and to the 

values that I share. In 20 years of public service, the reputation for 

truthfulness and straightforwardness is one that I have cherished 

and nourished with care, and I need to clarify and set straight in 

your mind, and in the minds of the members of this committee, any 

doubts to the contrary. 

Let me begin by introducing members of my family who are here 

today, if I may, Chairman Baucus. 

The CHAIRMAN. If you would, please. We would appreciate that 

very much. Have them stand, too, so we can all see them. 

Mr. BERSIN. First, my wife, Judge Lisa Foster, a judge in the Superior Court of San Diego County, CA. 

The CHAIRMAN. Judge Foster, welcome. Good to have you here. 

Mr. BERSIN. Second, Mr. Chairman and members of the committee, our daughter, Alissa, who is employed by McDevitt and 

Company, affiliated with the Urban Outfitters Company in Philadelphia. Third, Zach Miller, Alissa’s fiance ́. They will be married in 

just over 2 weeks in California. 

5 

The CHAIRMAN. Congratulations, both of you. 

Mr. BERSIN. And lastly, a near member of the family, Karen 

Heinrich, who has been at my side in assisting in school systems, 

as well as in law enforcement in San Diego, Sacramento, and now 

at CBP in Washington. 

The CHAIRMAN. Welcome, Karen. 

Mr. BERSIN. Mr. Chairman, Ranking Member Grassley, members 

of the committee, I am deeply appreciative and humbled by President Obama’s nomination of me to serve as Commissioner of the 

U.S. Customs and Border Protection, and I am grateful for the support and the confidence of Secretary Janet Napolitano. 

The work of CBP is critical to our country’s economy and security, and I want to take a moment to thank the men and women 

of CBP for the job they do. CBP’s personnel are on the front lines 

of defending our country from terrorists to transnational criminals, 

and they also play a role, an important one, in facilitating trade 

and travel. They do so at a great risk, and all too often with ultimate sacrifice. Before joining you here this morning, Senators, I 

participated as part of Police Week and the Valor ceremony for 

Customs and Border Protection, which will continue this afternoon. 

We commemorate those men and women who have given their lives 

in the service of the country and the agency. 

It is an honor to work with the men and women of Customs and 

Border Protection, and I look forward to discussing with you, as I 

have begun to do with them, my vision for CBP and my fitness and 

qualifications for the job. 

I have spent most of my adult life living and working along the 

border, and I have seen firsthand the challenges and the issues involved with border security and with facilitating economic activity, 

trade, and travel across the border. 

My jobs have reached from the private sector as a corporate attorney practicing commercial law to law enforcement as U.S. Attorney, the Attorney General’s Southwest Border Representative, and 

most recently as Homeland Security’s Assistant Secretary for International Affairs and Secretary Napolitano’s Special Representative 

for Border Affairs. 

My public service has included participation and leadership in 

the educational sector as superintendent of schools in San Diego, 

the California Secretary of Education, and then I moved on as 

chairperson of the San Diego County Regional Airport Authority. 

My experiences are varied, but in these jobs and as a private citizen I have been involved in many of the issues that are the dayto-day bread-and-butter concerns of Customs and Border Protection. These include border security; law enforcement; working with 

international partners; working with the public and with trade 

groups; facilitating the lawful movement of trade and travel; and 

running, leading, and managing large and complex organizations. 

CBP has critical security and trade missions. My experience in 

the private sector and government has convinced me that these two 

missions, facilitating trade and ensuring security, which are often 

presented as being antithetical or zero sum, can in fact be complementary. When we apply the right strategies and marshal the 

right combinations of personnel, infrastructure, and technology, we 

6 

can increase our security, and we can facilitate the flows of lawful 

trade and lawful travel. 

The key, I believe, is to segment the flows of people and goods 

by the level of risk they present. Risk segmentation allows us to 

focus our law enforcement resources on the people or goods that we 

know are dangerous or about which we know the least, and in turn 

minimize delays for the goods and people we know are not dangerous, but are lawful and legitimate. 

Trusted traveler programs like SENTRI, FAST, NEXUS, and 

Global Entry are examples of such an approach. By allowing travelers to volunteer for appropriate screening and background checks, 

CBP is able to quickly process pre-approved, low-risk travelers and 

focus on other travelers about whom we know less. 

The same, Senators, applies to cargo and goods in trusted shipper programs such as the Customs-Trade Partnership Against Terrorism, or C-TPAT. To be clear, nonetheless, our over-arching mandate is to protect the safety and the security of the American people. 

The attempted bombing of Flight 253 on December 25th and the 

recent attempt to detonate a car bomb in Times Square makes 

clear that we continue to face serious threats. Every day, CBP officers and agents interdict and stop threats at and between our land, 

air, and seaports of entry. Empowering CBP’s operators to do their 

job will be a focus of my time at CBP. That means making sure 

they have the resources, equipment, training, intelligence, and the 

leadership to support and fulfill their vital security missions. 

I would like to thank you and your colleagues for the support you 

have shown CBP. With the resources Congress has provided, CBP 

has experienced unprecedented growth since 2004 and is now an 

agency of more than 57,000 employees. The Border Patrol has doubled in size, and we are more secure, with much work to be done. 

I am sensitive to the concerns that CBP has not paid enough attention to facilitating international trade, concerns that are reflected in Senate bill 1631, the Customs Facilitation and Trade Reauthorization Act. What I want to make clear to you today, Senators, is my commitment to work with the Congress, the private 

sector, the trade community, and others within the Federal Government on trade facilitation issues. 

I know the importance of international trade to the United 

States economy and to our remaining economically competitive. I 

also know that there are areas in which CBP can improve. I welcome some of the ideas in the Customs Reauthorization Act, and 

I look forward to working with you to implement them. 

I want also to emphasize that intellectual property rights protection and consumer product safety, as well as trade security, are 

critical enforcement priorities for our agency. I pledge to take your 

concerns into account, to work with the trade community, to provide notice of our intended activities, and to remain as transparent 

as possible with Congress, the private sector, the trade community, 

and other agencies concerning decisions being made affecting trade 

at CBP. 

Mr. Chairman, it is an honor to appear before you, the ranking 

member, the members of this committee. I look forward to our dialogue and to responding to any questions you may have. 

7 

The CHAIRMAN. Thank you, Mr. Bersin. 

[The prepared statement of Mr. Bersin appears in the appendix.] 

The CHAIRMAN. Senator Grassley? 

OPENING STATEMENT OF HON. CHUCK GRASSLEY, 

A U.S. SENATOR FROM IOWA 

Senator GRASSLEY. Mr. Chairman and members of the committee, I am late giving my opening statement because I had an 

amendment on the floor of the Senate, so thank you for this opportunity. 

Welcome, Commissioner Bersin, and also welcome to your family 

and friends. This hearing reinforces the role that the Senate Finance Committee serves with respect to presidential nominations. 

The administration should learn from this hearing that the advice 

and consent role of the Senate is not something to be taken lightly, 

and that due diligence undertaken by the committee is not something to be simply brushed aside. I compliment the chairman for 

reinforcing that point with this hearing. 

The nominee was recess-appointed on March 27, despite knowledge the administration had that the Finance Committee, on a bipartisan basis—and I want to emphasize bipartisan—had serious 

concerns with respect to conflicting information pertaining to the 

proper documentation of domestic staff hired by the nominee, and 

we should put that memo in the record, Mr. Chairman. 

The CHAIRMAN. Without objection. 

[The memorandum appears in the appendix on p. 149.] 

Senator GRASSLEY. U.S. Customs and Border Protection plays a 

crucial role at our Nation’s borders. The agency is charged with the 

dual mission of protecting our homeland and facilitating the legitimate flow of trade. It has 57,000 employees, and it enforces laws 

for over 40 agencies of the government. In fiscal year 2009, CBP 

processed $1.7 trillion worth of imported goods, and collected about 

$30 billion in duties and fees. So, very, very important. 

As a result, decisions made by any Commissioner of Customs 

have a vast impact on the economic welfare of our Nation, and that 

is why it is imperative that the proper balance be struck between 

the agency’s dual responsibilities. 

For several years now, I have been concerned that the agency’s 

Customs revenue and commercial functions have not been sufficiently prioritized. It is important that Commissioner Bersin restore the right balance. For example, full implementation of the 

Automated Commercial Environment and the International Trade 

Data System are critical to facilitating trade flows, yet the development of these systems is significantly behind schedule. I look forward to hearing how the Commissioner intends to get that implementation back on track. 

Another concern that I would like to raise is the level of consultation between Customs and Border Protection and congressional oversight committees, as well as consultation between CBP 

and other Federal agencies. Over the past few years, there have 

been three instances in which CBP issued a preliminary ruling 

without consulting appropriately, and as a result CBP was forced 

to withdraw or suspend rulemaking. I would like to hear the ComVerDate Nov 24 2008 19:19 Sep 16, 2011 Jkt 000000 PO 00000 Frm 00011 Fmt 6633 Sfmt 6633 R:\DOCS\67977.000 TIMD
8 

missioner say whether he shares this concern and, if so, how he 

would address it as a priority. 

Finally, I would note that last year Senator Baucus and I introduced the Customs Facilitation and Trade Enforcement Reauthorization Act to reauthorize CBP and reprioritize its trade functions, 

so any views on that bill would be very much appreciated. Instead 

of my oral presentation, I gave a shortened version of the longer 

statement, and I would like to have the printed longer statement 

take the place of what I have just said. I yield the floor. 

[The prepared statement of Senator Grassley appears in the appendix.] 

The CHAIRMAN. Thank you, Senator. 

Mr. Bersin, I have three standard questions that we ask all 

nominees, and I will ask them now. 

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. BERSIN. No, sir. 

The CHAIRMAN. Thank you. 

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. BERSIN. No, Mr. Chairman. 

The CHAIRMAN. Third, do you agree, without reservation, to respond to any reasonable summons to appear and testify before any 

duly constituted committee of Congress? 

Mr. BERSIN. I do so, except as otherwise required by law. 

The CHAIRMAN. What would that be? 

Mr. BERSIN. I do, sir. 

The CHAIRMAN. Thank you. I have not heard any other witness 

make that reservation, and you have now withdrawn that reservation? 

Mr. BERSIN. I have, sir. 

The CHAIRMAN. Thank you. 

Mr. Bersin, as Commissioner of Customs, you are responsible for 

enforcing America’s immigration laws at our borders. During the 

Finance Committee vetting process, my staff found that you failed 

to timely complete and maintain legally required I–9 forms that 

verify your household employees were legally authorized to work in 

the United States. 

Your failure to maintain I–9 forms clearly goes to the heart of 

your responsibilities as Commissioner of Customs and is obviously 

concerning. Can you explain to the committee why you failed to 

complete and maintain I–9 forms for your household employees? 

Mr. BERSIN. Mr. Chairman, I want to emphasize that, from the 

beginning, the lack of I–9 forms has been fully disclosed, that in 

fact my wife and I, in the case of each of the employees who has 

been involved in our household over the last 20 years, their eligibility to work in the United States has been verified. 

In each case, documentation of the same kind that is required 

with regard to the I–9—a form that is the occasion to fill out and 

maintain in the household files or in the business files passports, 

permanent resident cards, driver’s licenses, Social Security cards— 

9 

in each case and with respect to each employee, we verified the eligibility of that person to work in the United States. 

Similarly, with regard to each of those persons, we were sure to 

pay taxes due with regard to the employment, and all of those 

taxes were due and paid, with the exception of $56 that was a deficit that our accountant, in connection with the committee staff, 

discovered and has been paid. But over 20 years, no employee ineligible to work in the United States has ever worked in our household. No employee who has worked in our household has not had 

taxes paid in connection with that employment. 

Mr. Chairman, as I have acknowledged, my wife and I simply did 

not know, and were mistaken in not knowing, that an I–9 form was 

the form that needed to record the information that I have just alluded to: passport numbers, Social Security numbers, driver’s licenses. Instead of having it on that form, we had it on a piece of 

paper that was in a file and maintained by us in our home. It was 

a mistake. 

The CHAIRMAN. Is it not true, though, that when this vetting 

process began, at that point you did not provide any I–9s for any 

of your 10 employees? 

Mr. BERSIN. We did not, because we did not know that they were 

necessary. But at the same time, Mr. Chairman—— 

The CHAIRMAN. And I am a little surprised you did not know it 

was necessary. When you were U.S. Attorney, were you aware at 

that time of I–9s? 

Mr. BERSIN. Mr. Chairman, I was aware that in the business 

context that I–9s needed to be filled out so that they could be maintained by the business and available for inspection. 

The CHAIRMAN. What was your experience with I–9s as U.S. Attorney? 

Mr. BERSIN. There were investigations by the then-Immigration 

and Naturalization Service, looking to enforce civilly requirements 

of the Immigration Act. But at no time did I know and make the 

connection that in the domestic context of household employees 

that they were required. But I want to emphasize, Mr. Chairman 

and ranking member, that the same—— 

The CHAIRMAN. Isn’t an employer an employer, whether a business employer or domestic employer? 

Mr. BERSIN. There is no—— 

The CHAIRMAN. I–9s. These are forms issued by the Department 

of Homeland Security. 

Mr. BERSIN. Sir, I am aware of the formal requirement now, and 

I have made clear that I acknowledge the error and the mistake 

and the violation, and will obviously see to it in the future that the 

form is filled out on the form prescribed by the government and 

maintained on that form. But I do want to emphasize that the underlying documentation was reviewed and that the eligibility of 

every employee who worked for us and with us was verified, and 

I believe that has been acknowledged by the committee staff. 

The CHAIRMAN. I find it incredible that you did not know about 

the I–9 obligation. That just does not pass the credibility test. 

Mr. BERSIN. Mr. Chairman, if I had known about it, if my wife 

had known about it, it would be of no difficulty—— 

The CHAIRMAN. But you were aware. 

10 

Mr. BERSIN [continuing]. To actually have put the information on 

the I–9 form. I did not know about it. I did not benefit by not having it in the file in that form. There was no reason why we would 

not do it if we knew it. We did not know that it applied to, in the 

case of employees since 2006, part-time house-cleaning help when 

we had verified their eligibility and had written down the documentation that indicated their eligibility to work. 

The CHAIRMAN. So failure to fill out I–9s is something this committee should pay very little attention to? 

Mr. BERSIN. Not at all. 

The CHAIRMAN. That is, this piece of paper is worthless, in your 

view. 

Mr. BERSIN. It is not—— 

The CHAIRMAN. Employers should not have to fill it out, and, if 

they do not fill it out, well, maybe sometime years later, maybe 

they get around to it. Even though the law provides it is the day 

of the hire, as I recall, that the employer must fill out his portion 

of the I–9, you are basically saying it is irrelevant. 

Mr. BERSIN. I am not saying it is irrelevant, sir. 

The CHAIRMAN. Just, so what? If you do not know about it, no 

big deal. Fill it out later when you get around to it. That is kind 

of what it sounds like. 

Mr. BERSIN. No, sir. What I am saying is that it is a form, and 

I acknowledge the mistake of not having the information that we 

obtained in that form. But I am also saying that having the information on another piece of paper that is the same information 

shows the respect for the need to verify eligibility in a way that not 

having that information in the first place would indicate. If we had 

known of that form, we would have used it, because we had the information, were able to make it available to the committee staff. I 

believe that the substance of the immigration law was observed. 

That is not to say, and I think we have acknowledged—— 

The CHAIRMAN. Have we received those other documents that 

you—— 

Mr. BERSIN. Yes. 

The CHAIRMAN. That you were referring to? 

Mr. BERSIN. Yes. Yes. 

The CHAIRMAN. What, in particular? 

Mr. BERSIN. We had photocopies of the passport, of passport 

cards with regard to two employees. Two employees were U.S. citizens, and their passports were provided. The third employee was 

a permanent resident, and her permanent resident card was provided. I do not believe—as well as copies of Social Security cards, 

and in one case I believe a California driver’s license. 

The CHAIRMAN. The obvious question is, you know, the job is 

Commissioner of Customs. That is basically the person in charge 

of overseeing a lot of verification and the veracity and truthfulness 

of employees’ or a person’s status, and it just seems like you are 

pretty cavalier about I–9s, and you are basically saying, if I hear 

you correctly, that I–9s are not that important, that other documentation is fine, but I–9s are not that important. And you are 

saying that we should overlook the failure to fill out I–9s for employees, just overlook it? 

11 

Mr. BERSIN. Mr. Chairman, I am not denying the error, denying 

the violation with regard to the form in which the information was 

contained. What I am saying, and I say this as a former prosecutor, 

with regard to Immigration and Customs Enforcement that would 

be the enforcement agency, if a person—stepping back from my 

own personal situation—had the information called for by the I–9, 

copies of passports, copies of permanent resident cards, copies of 

Social Security cards, copies of this information to demonstrate the 

eligibility of the person to work in the United States, it would not 

remove the violation, but it would put into light and into context 

that failure to maintain the information in that form. That is as 

far as I would—— 

The CHAIRMAN. One more question. 

Mr. BERSIN. I would say that there is a difference. 

The CHAIRMAN. What documents did you think you had to provide, and where did you get that information with respect to each 

of those documents? 

Mr. BERSIN. Senator, from the time that I was U.S. Attorney in 

the time of the Clinton administration, from the Zoe ̈ Baird incident 

on, I knew there were two requirements, and my wife and I 

verified each of those with regard to each employee over the next 

20 years. The first is that people working in your household needed 

to be eligible to work in the United States, and you needed to see 

proof and evidence of that eligibility. We did that in the case of 

every employee. The second requirement was that household employees needed to be—you needed to pay household taxes with regard to people working in the household. Every employee over 20 

years has the taxes paid for, and the documentation establishing 

that is not in dispute. 

The CHAIRMAN. Senator Grassley? 

Senator GRASSLEY. The Finance Committee memo on your nomination dated May 12 states that you received advice during the vetting process that some of your employees could be categorized as 

independent contractors. I want to know who gave you this advice, 

and in what capacity were they working on your nomination? 

Mr. BERSIN. Senator Grassley, Ranking Member Grassley, let me 

put that statement in exchange with your staff in context. From 

2006 until now, as indicated in response to the committee’s questionnaire, we employed six people in our household. Three of them 

were providing house cleaning services part-time, 3 days a week. 

The other three persons who worked in our household were college students who were from the local college in San Diego, Point 

Loma Nazarene College, who drove, from time to time, our children, since my wife and I both worked. Drove them to appointments and required school events or sporting events. They were 

paid on an hourly basis and they were—as I say, they used their 

own automobile to drive our students, our children. 

Of those six employees, my wife and I treated all of them the 

same because, consistent with what I had said for the 2 decades, 

we looked to assure that they were eligible to work in the United 

States. We verified their eligibility. 

The second is, we paid their taxes. It was only after the confirmation process and the vetting process that the distinction was 

made that suggested that the college students, who were paid on 

12 

an hourly basis, who worked sporadically, who used their own cars, 

were independent contractors. It appeared to me that that was a 

fair characterization. I regret making that distinction, Senator, because in fact we had not made that distinction in terms of paying 

their taxes and verifying their eligibility. 

Senator GRASSLEY. Did somebody advise you on this? Because I 

am not questioning—I just want to get who gave you that advice, 

and in what capacity were they working on your nomination during 

the vetting process. 

Mr. BERSIN. Senator, in connection with analyzing the nature of 

the employment duties, I received advice from within the Department of Homeland Security. I also received advice from lawyers 

and friends from outside of the government. I talked to people obviously in connection with the vetting process at the White House. 

I am responsible for having made the distinction, and I am accountable for that. It strikes me as a distinction that should not 

have guided my response to the committee staff. 

Senator GRASSLEY. Well, did anybody advise you to not discuss 

the employee independent contractor switch with the committee? 

Did anybody advise you not to discuss that? 

Mr. BERSIN. No. Senator, no. Not—not to that—that is a decision 

that I made. But I want to emphasize, Senator Grassley, that there 

was no intent, in fact, to conceal those three college students, because in fact they were listed on tax returns that were provided to 

the committee. Schedule H listed them. I mean, it was not a question that I stood to benefit in no way from having concealed the 

employment of those three students. Their names actually came to 

the attention of the staff because they were in the tax documents 

that we provided to the staff. 

Senator GRASSLEY. All right. What advice would you give another nominee in a similar situation who had received similar advice? 

Mr. BERSIN. Not to make distinctions that were not made at the 

time of hiring. That is to say, if there were no distinctions made 

in the way that people were treated in terms of verifying their eligibility and paying their taxes, I would not draw a distinction in 

the context of them analyzing it, looking backward. 

Senator GRASSLEY. I would like to go on to another matter I 

wanted to discuss with you, and this comes from a November 18, 

2009 story in the San Diego Reader. The story said you had a personal financial stake in a border real estate through a partnership 

called Otay Terminal. Is the word Otay? 

Mr. BERSIN. Otay. 

Senator GRASSLEY. Otay Terminal. That was created in October, 

1996 with your relatives. During this time, you served as U.S. Attorney for the Southern District of California, and also as the Attorney General’s Southwest Border Representative. In fact, your 

SF–278 indicates that you still have an interest in Otay Terminal 

properties. Would you describe it, and your involvement with it, 

and if you are related to any other investors in Otay property? 

Mr. BERSIN. This was a family-organized—it was organized by 

my father-in-law, now deceased. I was a limited partner, along 

with my wife Lisa, and took no active role or involvement in the 

management. That property was disposed of 7, 8, or 9 years ago. 

13 

The Otay partnership that is reflected in the 278 does not include 

that property at the U.S.-Mexican border, on the edge of it. 

Senator GRASSLEY. All right. 

I do have a question, though. When the property was involved, 

was your involvement in this partnership appropriate, given your 

position as U.S. Attorney and as the Attorney General’s Southwest 

Border Representative? 

Mr. BERSIN. I believe so, Senator. There was no activity that I 

took, either in connection with the property or as U.S. Attorney, 

that affected the value or disposition of that real estate. 

Senator GRASSLEY. So then maybe my last question is not appropriate. You do not have any interest now in Otay Properties? Is 

that what you are saying? 

Mr. BERSIN. No, sir. Otay Properties Terminal is an LLC. It does 

not hold the property that was referenced in that article that you 

have just referred to. 

Senator GRASSLEY. All right. 

Well, then let me ask you this last question then. In your role 

as Commissioner of Customs and Border Protection, is it conceivable that what you do on the job could impact the value of these 

properties? 

Mr. BERSIN. No, sir. 

Senator GRASSLEY. All right. 

The next person is, based on arrival, Mr. Bingaman, then Mr. 

Bunning, and then the Senator from Washington, then the Senator 

from Texas. 

Senator BINGAMAN. Mr. Bersin, thank you for being here. Congratulations on your appointment to this important position. 

Let me just state, I do not need to ask you any more questions 

on it—I think we have gone through this subject extensively here— 

but let me just state that in my view it is clear that you complied 

with the spirit of the immigration laws in that you had made a determination as to the legal status of employees, you kept records 

to verify that that had been done, and you paid taxes, as you pointed out, on those individuals. The fact that it was not done on this 

form is unfortunate, but not fatal in my view. 

Let me ask about the job that you are taking on, because it is 

an extremely important job that you have already taken on. That 

is, as head of Customs and Border Protection, in my State of New 

Mexico, as you well know, this is an extremely important position. 

I am impressed with all of the background and experience you have 

had in trying to deal with border protection, particularly on the 

southwest border. 

Let me ask about infrastructure along that border. One of the 

things that I have been pushing for is this problem of, what do we 

do about outbound inspections? It is clear when you look at the violence going on in Mexico, particularly in the City of Juarez and 

other northern Mexico cities, that much of that violence is fed by 

the ready availability of large amounts of cash, large amounts of 

weaponry that come across from the United States. I am concerned 

that we do not have in place the necessary infrastructure, the dedicated outbound inspection teams that we need to really monitor 

any of that. Is this something that is getting fixed? What is your 

view on this? 

14 

Mr. BERSIN. Yes. Senator Bingaman, the notion that we need to 

pay attention not only to matters coming north through our borders 

but rather going south, that the cycle of drugs, guns, and cash is 

actually one continuous cycle that requires an attention to outbound as well as inbound, and cooperation with Mexico, is at the 

core of Secretary Napolitano’s and the administration’s approach to 

the problems on the southwest border. 

Last March in 2009, when the Secretary announced the initiative 

with respect to the southwest border, she instructed Customs and 

Border Protection and ICE to engage in southbound checks on a 

regular basis. There are two parts to this, Senator. One was the 

creation of teams. Customs and Border Protection field operations, 

CBPOs, together with border patrol agents, detailed to the ports of 

entry, working with State and local police officers under Stonegarden grants, as well as Immigration and Customs Enforcement 

agents, started to do systematic inspections of cars going south. 

The second part is what you alluded to with regard to technology. We do not have in most of the ports of entry, either on the 

northern border or southern border, a system of capturing data 

with regard to license plates going south. We do in some places, 

such as San Ysidro across from Tijuana. We are moving to remedy 

that in two ways, by creating license plate reading away from the 

port of entry and, where we have the footprint to be able to put 

the technology in place, we are looking to do that because we accept this as an important function of the agency. 

Senator BINGAMAN. Yes. Let me just ask one more question on 

that very issue, because this license plate reading capability, as 

you indicated, is in place in a few locations. It is not in place in 

my State at any of the border entrances. I am told that the Drug 

Enforcement Administration owns and operates license plate readers at interior border patrol checkpoints. Does CBP have access to 

that information? 

Is there a way to ensure that some kind of license plate reading 

capability be put in at all of these checkpoints so that we do not 

have—frankly, the problem of stolen vehicles in my State is a serious one, and particularly as you get toward the southern part of 

the State. But even in Albuquerque, a lot of cars get stolen and are 

never seen again, but the understanding is that they wind up in 

Mexico. So what more is being done on this license plate reader 

issue? 

Mr. BERSIN. Senator, the Drug Enforcement Administration at 

the Department of Justice and CBP are engaged in discussions. We 

have developed a joint project. I met yesterday, as circumstances 

turn out, with Mr. Placido. We discussed the matter, and I believe 

we will have an arrangement up and working and a documentation 

of it in the very near future. 

Senator BINGAMAN. Thank you, Mr. Chairman. 

The CHAIRMAN. Thank you, Senator. 

Senator Bunning? 

Senator BUNNING. Thank you, Mr. Chairman. 

I want to go back just to touch base so I can try to grasp how 

a former U.S. Attorney for, I guess, the Southern District of California—— 

Mr. BERSIN. Yes, sir. 

15 

Senator BUNNING [continuing]. Would not know Federal law, 

since your job as the Federal attorney, U.S. Attorney, would be to 

enforce the Federal laws in that area. You had 10 household employees since 1993, is my understanding. How many of these employees did you file or maintain a Form I–9 for verification of their 

legal status in the time frame that is required by Federal law? 

Mr. BERSIN. We did not have the verification of eligibility, which 

was secured for each one of those employees, on the form required 

by law, Senator. We have acknowledged that from the beginning. 

Senator BUNNING. So you did not know there was such a law or 

you did not comply with it? 

Mr. BERSIN. I did not know that it applied to household help. 

And Senator, this is not a form that needs to be filed, it is a form 

that needs to be filled out—— 

Senator BUNNING. I can tell you, as an experienced person who, 

as a normal citizen of the United States, hired domestic employees, 

I knew about it, and I am not a Federal prosecutor. I am not a Federal U.S. Attorney for the Southern District of California, and I 

knew from the IRS that I had to file taxes for those people if they 

made over a certain amount of money. 

So if you understand my difficulty, knowing your background, 

that you would not understand the requirements, it is extremely 

difficult for this committee, trying to get information and verify it— 

that they have difficulty understanding it also. When the Finance 

Committee asks, how many household employees you had since 

2006, you told them three, when in fact there had been six. Why 

did you not reveal the other three household employees? 

Mr. BERSIN. Senator, as I indicated in response to the ranking 

member—— 

Senator BUNNING. They were students. 

Mr. BERSIN [continuing]. These were the three students who 

were—— 

Senator BUNNING. But you were paying them a salary. 

Mr. BERSIN. No, we were not paying them a salary, sir. We were 

paying them hourly. 

Senator BUNNING. Well, you were paying them by the hour. That 

is—— 

Mr. BERSIN. We were paying them hourly. They were not working on a regular schedule. They worked as needed. They used their 

own car to drive our daughters because we were—— 

Senator BUNNING. But you were paying taxes. 

Mr. BERSIN. Yes, we were. 

Senator BUNNING. All right. So you clearly treated all of those 

household workers as employees for tax purposes. 

Mr. BERSIN. We did, Senator. And we did for purposes of 

verifying their eligibility to work in the United States, because, as 

you know, independent contractors or casual hires are not required 

to have the employer pay taxes or fill out I–9s. 

Senator BUNNING. I am going to go back to the question that the 

ranking member asked. Who advised you to tell the Finance Committee that they were independent contractors? Was it someone 

connected to the Obama administration who was helping you 

through the vetting process, or did you, out of ignorance, just not 

list them on the I–9 form? 

16 

Mr. BERSIN. As I said, Senator Bunning, we did not—there was 

no intent to conceal the three college students. Their names appeared on Schedule H of the tax returns that were furnished to 

this committee. In fact, it was the way in which their names came 

up. With regard to the advice that we received regarding the treatment of them in a retroactive sense, as I indicated, we received advice and counsel from a variety of sources, but I am responsible for 

the decision that was made to make a distinction. 

Senator BUNNING. You made that distinction yourself? 

Mr. BERSIN. I made that distinction. 

Senator BUNNING. All right. 

Mr. BERSIN. And it had not been made at the time of hiring and 

employment. 

Senator BUNNING. Before you were recess-appointed in March, I 

assume that the administration asked you whether you wanted to 

be recess-appointed. At that time, you knew you were not finished 

with our committee’s vetting process, and you knew there were significant issues to be resolved. Why did you agree to be recessappointed rather than let the committee process come to a conclusion? 

Mr. BERSIN. I am, Senator, proud of having been appointed at a 

time when CBP needed leadership. It is a major agency for the reasons you indicated. 

Senator BUNNING. We know that very well. 

Mr. BERSIN. And particularly in the wake of the December 25 attempt over Detroit, the importance of having leadership in place 

was stressed by the administration. I appreciated that and do not 

believe it was the wrong decision, and I appreciate the committee 

having an opportunity to explore these issues. 

Senator BUNNING. Please answer my question. Did you agree to 

be recess-appointed? 

Mr. BERSIN. I did not say that I would not be. It was not my decision to make the—— 

Senator BUNNING. Were you asked? 

Mr. BERSIN. I am honored—— 

Senator BUNNING. Were you asked by the administration whether you wanted to be recess-appointed? 

Mr. BERSIN. I was asked whether or not I would accept the appointment, if made, and I said yes, sir. 

Senator BUNNING. All right. Thank you. My time has expired. 

The CHAIRMAN. Thank you, Senator. 

Senator Cantwell? 

Senator CANTWELL. Thank you, Mr. Chairman. Mr. Bersin, good 

to see you. Thank you for your willingness to serve, and thank you 

for coming to the Pacific Northwest. Obviously, the northern border 

issues are of great interest to us, and the movement of goods and 

services also is a big part of our economy. So making sure that we 

have security, but the flow of commerce and individuals, is very important. 

One of the issues that you helped us in trying to address was the 

relationship between Customs and Border Protection agents and 

local law enforcement, and particularly those living on the Olympic 

Peninsula area. So, I appreciate that. 

17 

How do you think we keep that relationship going? What are 

some of the lessons you think that we should learn from that, and 

how do we make sure that local law enforcement stakeholders are 

part of our national security infrastructure? 

Mr. BERSIN. Senator Cantwell, I thank you for those comments. 

I also want to thank you for the assistance that your staff in Washington, and also people like Nancy Berry, have provided to us in 

your home State to actually build those relationships and sustain 

the partnerships that are critical to the operation of Customs and 

Border Protection, particularly on the northern border where we do 

not have the number of agents that we have elsewhere around the 

country in terms of airports and seaports, let alone on the southwest border where we have almost 18,000 agents. 

So the multiplication of our presence, in partnership with State, 

local, and tribal authorities that your office has helped build, is a 

critical dimension to our activities in the north. And I think we 

have made progress, not only in terms of regular outreach and 

meetings jointly with the community, but law enforcement to law 

enforcement exchanges, such as in the interoperability of communications that I think hold out great promise for other partnerships 

around the country. 

Senator CANTWELL. And do you think that Customs and Border 

Protection agents will lean more on law enforcement in the kind of 

communication and securities for the border? Obviously this is a 

highly sensitive issue when people are miles and miles and miles— 

miles—away from the border and all of a sudden are stopped and 

pulled over by someone whom they do not even recognize as a law 

enforcement entity. 

Mr. BERSIN. I think, as you have recognized and I think as we 

have implemented in places like Blaine, where dispatch systems 

are actually shared between local law enforcement and Customs 

and Border Protection, specifically the Border Patrol, that this kind 

of collaboration and going out together to the community to explain 

the role of checkpoints to the community so that people understand 

why they are in place, and also are sensitive to the complaints that 

people raise about them, I think, is an ongoing feature of this collaboration and one that we have learned a lot from. 

Senator CANTWELL. Good. And so you will keep taking that kind 

of communication back from the law enforcement and the community? 

Mr. BERSIN. Absolutely. 

Senator CANTWELL. Thank you. 

Thank you, Mr. Chairman. 

The CHAIRMAN. Senator Cornyn? 

Senator CORNYN. Thank you, Mr. Chairman. 

Good morning, Mr. Bersin. 

Mr. BERSIN. Good morning. 

Senator CORNYN. Good to see you. 

I want to start by asking you about the unmanned aerial systems 

being operated by Customs and Border Protection’s Office of Air 

and Marine. As you know, CBP has five Predator drones. I have 

brought a nice little model of that so everybody can see what they 

look like. 

18 

But it is astonishing to me that the Department of Defense has 

6,000 unmanned aerial vehicles in its inventory, and yet Customs 

and Border Protection, responsible for maintaining border security 

in our country, only has 5. As you know, three of them operate out 

of Arizona, two of them out of North Dakota. And yet, Texas, that 

has the largest, longest common border with Mexico, has none. 

As you know, I have written, and I know Governor Perry has 

asked Secretary Napolitano to proceed with all dispatch to correct 

that oversight. At this point, we are still waiting for the FAA to 

issue a Certificate of Authorization, because somehow they just 

have been unable to deal with that on what I would consider to be 

a timely basis. 

Can you tell me what CBP has done? Once that Certificate of Authorization is issued—well, first of all, let me ask you, have you 

done anything to encourage the FAA to move on that quickly? Then 

I would like for you to tell us what CBP has done to prepare for 

the issuance of that certificate so we can get a drone like this in 

the sky as soon as possible over Texas. 

Mr. BERSIN. Senator Cornyn, the UAV COA that is under consideration by the FAA has been a matter of constant inquiry by us. 

With regard to the COA covering West Texas, there is another one 

that would cover the—actually, the sixth UAV that we have, the 

Guardian Maritime, will be based at Corpus Christi. 

But with regard to the land Predator, the West Texas COA, it 

is my understanding that the legal deadline for issuance or consideration of the FAA is coming within a couple of weeks. In fact, we 

have been making regular inquiry. I have a meeting with FAA Administrator Babbitt next week in which we will, I trust, hear good 

news, because it is an absolutely essential dimension of homeland 

security and will become so even more as we move into the future. 

So I think the other COA having to do with the Guardian, socalled Maritime Guardian Predator, is one that was filed more recently, and we will expect the FAA, in due course, to consider that. 

But Secretary Napolitano has given direction. I was present when 

she met with Governor Perry, and she is committed to this, as is 

CBP. 

Senator CORNYN. Well, Mr. Bersin, I appreciate your answer. 

You can understand, given particularly—Senator Bingaman talked 

about, of course, the violence occurring in Mexico and growing concerns about the spill-over effects in the United States—why using 

the very best technology we have to provide security, both perception of security and real security at the border, is an absolute imperative. This is something that is very, very high on my priority 

list, very important to me. So, I hope that this happens without 

any more undue delay. 

But I want to say we should not stop there. I know the SBInet 

has been dispatched, is unworkable, and assessment is being made 

as to what needs to replace it. We are all waiting to hear what that 

assessment is, because we know that the border is not secure. 

There were more than half a million people detained coming across 

our southern border last year, and who knows how many people actually come that are not detained and returned to their country. 

We know that, with the drugs, the weapons, the people being 

brought across the border almost at will by the cartels and other 

19 

organized criminal gangs, that this is a problem that has to be 

dealt with with a concrete plan. 

Which gets me to the budget. The administration has requested 

an appropriation of $11.17 billion for CBP for 2011, which is actually a 2.3-percent decrease, and in 2011 it amounts to a further decrease of $318 million. What is the plan to increase the number of 

boots-on-the-ground Border Patrol, physical infrastructure, and 

technology so that the American people can be assured that the 

Federal Government is doing everything it possibly can to secure 

the border? 

Mr. BERSIN. As you know, Senator Cornyn, since 2004, the Border Patrol has more than doubled in size. We now have a Border 

Patrol—— 

Senator CORNYN. Mr. Bersin? Mr. Bersin, I know that. That is 

good, but it is not good enough. That is what I want to know: what 

do we do? What is your plan going forward? 

Mr. BERSIN. We have worked through, recognizing the fiscal constraints that we face as a Nation, that we will not decrease the 

number of Border Patrol agents on the ground. We, in fact, will 

maintain the steady state, notwithstanding the attrition that you 

see in an organization as large as that. With regard to the ports 

of entry, the CBPOs will also be maintained at a level just under 

21,000 officers. We will, I believe, be seeking to readdress the 200 

additional air and marine people that we need to maintain a steady 

state. 

So, Senator, I take your point. I think you would agree that we 

are much better resourced than ever before, that we are seeing the 

benefits of that. There is additional work to be done. As we consolidate our efforts, I would expect that there will be further growth. 

But, together with the technology, whether it is UAVs or an adaptation of SBInet, we must, in fact, combine the technology with the 

infrastructure with the boots on the ground. 

Senator CORNYN. Mr. Bersin, let me just say in conclusion, I 

share your concern also about making sure that our authorized 

ports of entry are property resourced so that the legitimate commerce and trade, which benefits our Nation, as well as our trading 

partner, Mexico, to the south and to the north, that those be improved. But I would tell you that the status quo, in terms of staffing and deployment of technology when it comes to border security, 

is not acceptable to me. 

I do not think it should be acceptable to the American people. We 

do not cut corners when it comes to our national security, when it 

comes to funding the Department of Defense; we do what it takes. 

The American people, I know, are committed to doing what it takes 

to make sure our Nation is secure. 

I think the same thing applies to border security. The American 

people are terribly upset. They are scared, they are mad. They do 

not understand why we are not doing more to secure our border. 

So I would just suggest that we need a plan from the Department 

of Homeland Security, from Customs and Border Protection, about 

how to get it done, and then we need a price tag. Then Congress 

needs to deal with that as a responsible body, because the American people simply are not going to be satisfied with flat-line budgVerDate Nov 24 2008 19:19 Sep 16, 2011 Jkt 000000 PO 00000 Frm 00023 Fmt 6633 Sfmt 6633 R:\DOCS\67977.000 TIMD
20 

ets and no more Border Patrol agents because of budgetary concerns. It is important, but security is more important. 

Thank you very much. 

Mr. BERSIN. Thank you, Senator. I share your sense of urgency. 

Senator CANTWELL. Senator Wyden is next. 

Senator WYDEN. Thank you, Senator Cantwell. 

Welcome to Mr. Bersin. Let me, if I could, turn to a different 

topic. I come to it because I chair, here on the Finance committee, 

the Trade Subcommittee. This is especially pertinent to our part of 

the world, that trade jobs pay better than do the non-trade jobs. 

In my home State, something like 1 out of 6 jobs depends on international trade. 

If confirmed, you would play an especially important role in a 

key feature of this whole policy arena, and that is the enforcement 

of the antidumping and countervailing duty orders. Of course, the 

agency, CBP, plays an essential role in a whole host of enforcement 

efforts that are especially important at this time. 

We are seeing illegal transshipment, particularly by the Chinese, 

falsified country of origin markings, under-valuation of goods to 

pay less duty, misclassification of goods, and the list goes on and 

on, as you know. In effect, the cumulative consequences of all this 

are U.S. industries forking over millions of dollars to try to fight 

these costly trade disputes just to keep from getting the consequences of illegal dumping and the harm that is faced as a result 

of the lack of enforcement. 

I do have concerns that this agency, which is our frontline defense against unfair imports, is not adequately enforcing the orders 

that are on the books. So let us just walk, for a minute, through 

the tools at your disposal. First, let us start with, what specific actions are you prepared to take at this point to make sure that antidumping and countervailing duty orders are enforced? 

Mr. BERSIN. Senator Wyden, with regard to the revamping, if you 

will, of CBP’s mission on trade, in order to assure not only members of Congress, but also the trade community that we take as 

equally important and as complementary the promotion of trade, 

the promotion of American economic competitiveness as part of the 

security regime, we need to look at the antidumping and countervailing duty issue that you raised. I actually see it in the same context as intellectual property rights protection and consumer product safety protection. 

So we need to promote trade, but we also need to enforce the 

trade laws. I am aware of the perception that we have not used the 

full power of the agency, as an executive agent at the ports of 

entry, to do that. So I have read with interest the draft Unfair 

Trade Reduction Act of 2010, and think that several of the tools 

that are in there should be considered as being important measures 

that we can use as we ramp up our enforcement profile. 

I should say, though, that we need to put this in the context of 

the overall review of the trade function that has been initiated at 

CBP under my leadership to look at the resources, to look at the 

processes and the procedures that we use, and to look at, importantly, the relationships we have with other Federal agencies that 

we serve as executive agent, including USTR, Department of Commerce, and on the unfair trade side of the house. 

21 

But the kinds of tools that are in there need to be integrated into 

this review, with the notion that we should have uniform procedures to look at the allegations that are made, and to do it in a 

consistent way around the country. The concept that CBP ought to 

collect cash deposits from importers suspected during the course of 

investigation of evading antidumping and countervailing duty orders is another matter that obviously will be of great concern and 

consternation to trade, but with proper outreach and proper application and enforcement, that could be an important tool. 

The notion that the Department of Commerce and the Department of Homeland Security, through CBP, should issue an annual 

report detailing allegations of violations in this field, actions that 

are taken investigatively, and any results obtained, I think, is an 

idea that should be looked at seriously. The old saw that if you do 

not measure it, you cannot manage it applies in terms of regulatory 

activity, as well as other areas. 

Lastly, we are looking, in the entire review of the trade function, 

at the number of resources in terms of personnel that we devote 

to trade enforcement and promotion. CBP is an agency of just 

under 58,000 employees, and just under 900 are dedicated to the 

trade function. I have not been there long enough to know exactly 

how many more resources we need to devote to this, but I am confident that we do need to build up the personnel that look to this 

kind of investigation and penalty sanctioning. 

Senator WYDEN. Mr. Chairman, my time is up. I am convinced—— 

The CHAIRMAN. No, go ahead, Senator, if you have more questions. 

Senator WYDEN. Well, thank you very much, Mr. Chairman. This 

is just a quick point. Clearly, Mr. Bersin is talking about some of 

the ideas that you and I have been discussing, Mr. Chairman, to 

try to step up enforcement. I think the general direction we are 

talking about, and you have highlighted some of the points, is 

clearly the direction to go in. 

I mean, you have American industry spending significant sums 

to defend themselves against unfair imports, and then you say to 

yourself, how is it that they have to monitor compliance with existing orders, particularly when they walk away and say that compliance and enforcement is the government’s job at the agency that 

you are talking about? 

So, Mr. Chairman, I am encouraged by the response we have gotten, and I want to highlight again, I know you have had a longstanding interest in these kinds of issues, and I want to work very 

closely with you, as we have been doing on all these trade matters. 

I thank you for this time. 

The CHAIRMAN. Thank you, Senator. 

I have a few more questions, back on I–9s. It is my understanding, Mr. Bersin, that, when you were first contacted by our 

staff during the vetting process, you indicated that there were 

three employees that I guess were in question, and you did provide 

documentation with respect to those three. Is that correct? 

Mr. BERSIN. Yes, sir. 

The CHAIRMAN. It is also my understanding that, with respect to 

other employees in addition to the three, you did not volunteer to 

22 

the staff that those employees worked for you, but that that issue 

arose during the vetting process when staff asked you questions 

about whether you had further employees. At that time, you indicated, when asked by the staff, that you had additional employees 

in addition to those three. Is that correct? 

Mr. BERSIN. Yes, Senator. As I indicated to Senator Bunning, the 

six employees included the three that we had discussed and the 

three college students. 

The CHAIRMAN. Right. And is it correct that you provided documentation for the first three? 

Mr. BERSIN. That is correct. 

The CHAIRMAN. Is it also true that you did not provide documentation for subsequent employees? 

Mr. BERSIN. When my wife and I met with the committee staff 

in March, we supplied information regarding the payment of taxes 

for people who were employed by us. We indicated that we had 

verified the eligibility. I do not recall that the staff followed up to 

ask us for the actual documentation of the college students’ eligibility to work in the United States. 

The CHAIRMAN. But did you, on your own, provide documentation 

for all the subsequent employees? That is, those in addition to the 

first three? 

Mr. BERSIN. After the—no, sir, we did not provide the California 

driver’s licenses and the Social Security numbers that we had. We 

could do that. 

The CHAIRMAN. I am just curious. 

Mr. BERSIN. I did not think there was an issue about that. 

The CHAIRMAN. I am just curious. Your basic position is, I–9s are 

not important so long as you provide the documentation. You did 

provide documentation for the first three, but did not provide documentation for the other employees, except, it sounds—I would like 

to clear this up—it sounds like on kind of a sporadic, ad hoc basis. 

Mr. BERSIN. Senator, I am told that we did. I do not recall having supplied the actual copies of the driver’s licenses and Social Security cards, but they are available. There was no reason not to 

provide them. I do not believe the staff asked specifically for the 

documentation. We would be delighted to provide it. 

The CHAIRMAN. I am just surprised that you did not get everything for every employee right off the top and clear this thing up. 

I am surprised you did not do that. 

Mr. BERSIN. Senator, in fact, the committee questions went to 

employees employed by us after 2006. Because I was concerned 

that the staff had the impression that we were not being forthcoming, my wife flew out from California, we sat with your staff, 

and we did not limit it to 2006. We went back to the 20 years of 

employees that we hired after getting married in 1991, and having 

a first child together in 1992, and we went through all of the employees that we hired without regard to date. 

I must say that I think we were so completely forthcoming during that meeting and remained willing to demonstrate that there 

was never a case in which we failed to pay taxes for someone employed in our household or verify their eligibility to work in the 

United States. 

The CHAIRMAN. All right. 

23 

The next question I have is about your dedication to commerce. 

It is clear that you have a deep background with respect to security 

issues. From 2009–2010, you were at the Department of Homeland 

Security; you were the border czar. From 2006–2009, you were a 

member of the California Board of Education, and apparently you 

were the chairman of the San Diego County Regional Airport Authority. That is not a lot of security, but there is a lot of security 

that is involved in those jobs. 

From 2005–2006, you were Secretary of Education. From 1998, 

I guess, to 2005, you were a Superintendent of Public Education. 

Prior to that, you were U.S. Attorney for the Southern District of 

California. So, first of all, I commend you for your public service. 

Mr. BERSIN. Thank you. 

The CHAIRMAN. Second, it is pretty apparent that your service 

was in two areas, primarily: education and also in prosecution/ 

border czar kind of security issues, law enforcement. Education and 

law enforcement. I do not see anything here with respect to commerce. I am quite concerned, frankly, that you do not have a lot 

of either experience or dedication to commerce. In fact, I listened 

quite closely to your opening statement, and I did not hear very 

much there with respect to commerce. 

Could you just tell us a little bit more about what you are doing 

to enforce that side of it? 

Mr. BERSIN. Senator, respectfully, you have covered the part of 

public service, yes, that is two-thirds of my career, one-third in law 

enforcement and one-third in education. But I spent 20 years as a 

corporate and commercial lawyer, deeply involved in trade and 

commercial matters. I represented—intellectual property rights 

protection was a part of my caseload, and I had more commercial 

cases by far than I did any other kind of case. 

My commitment to trade facilitation and the trade functions of 

CBP was demonstrated while I was the prosecutor when I worked 

to create and helped to have the Congress pass the authorization 

for the SENTRI system, which is a trusted traveler program that 

is intended to segment the traffic, along the lines that I indicated 

in the opening statement, for the purpose of actually distinguishing 

between lawful traffic, traffic that could be expedited, from traffic 

that needed to be inspected. 

With regard to my work as Assistant Secretary of International 

Affairs at Homeland Security, I have been very much involved in 

looking at CBP’s trade functions, and frankly I have understood 

not only the committee’s concern reflected in your preparation and 

filing and proposing of Senate Bill 1631, but also frankly the trade 

community concerns about CBP’s transparency and its commitment to increasing the resources that it devotes to trade enforcement and trade promotion. All of this has been very much a matter 

of concern to me and a matter to which I am committed. 

The CHAIRMAN. How are you going to know whether you have 

succeeded or not when you finish, when you leave your job? How 

are you going to know whether you succeeded on the trade side? 

Mr. BERSIN. I think there are a number of metrics that we can 

look at in terms of seizures of counterfeit goods, looking, in Mr. 

Wyden’s concern, the levying and collection of countervailing duty 

and antidumping restrictions. I think there are a whole series of 

24 

measures that will tell us whether or not we are getting the results 

in the trade arena that we need to have. I think there—— 

The CHAIRMAN. What do you think the best measures are? What 

would be two, three, or four good measures? 

Mr. BERSIN. In terms of trade promotion, I would look at the—— 

The CHAIRMAN. Trade promotion, and also stopping unlawful 

goods from entering our borders. 

Mr. BERSIN. Well, we need to see the amount of time, for example, that it takes to come into the United States, the inspection 

time, the complaint by the trade that we are not moving the traffic 

as quickly as we can, I think, is one great concern that I have 

heard as I have gone out to the trade organizations. 

The notion that we do not provide adequate notice to the trade 

of changes we intend to make in our rulings and revisions, I think, 

is another area in which we can get a very good read as to whether 

or not we have improved, not only the substance and the reality 

of our commitment to trade, but also the perception of it, not only 

in the Congress, but in the trade community. 

I think we can look at the extent to which we have devoted resources to good effect in the area in terms of the number of petitions that are handled, the time it takes to handle petitions, the 

time in which we handle the drawbacks filed by the trade. I think 

there are a whole series of readily available measures along those 

lines that we can look at to assess the progress. 

The CHAIRMAN. What I would like you to do is submit to this 

committee six of the most important metrics, those that you think 

are most important that you think will help us as a country determine whether or not we are making progress in this area. 

Mr. BERSIN. I would be pleased to do that. 

[The information appears in the appendix on p. 42.] 

The CHAIRMAN. And then I am going to review these with you, 

maybe 6 months from now. I would like you to give me the six most 

important metrics, and I want you to give me the time table during 

which we will review these metrics to see the degree to which you 

have made progress. 

Now, I am going to tell you this. You are going to be Commissioner for a certain period of time, at the very least. We want to 

work together. I mean, this is a 2-way street here. So, if you have 

areas where you need help, let us know, we want to help. But the 

main thing is getting the job done. 

So, you write that letter to us. I would like to see that letter by 

the end of this week. We may respond and suggest another metric 

or two that we also think makes most sense. But I would deeply 

appreciate that. 

What percentage of world software do you think is pirated? Just 

a rough guess. 

Mr. BERSIN. Senator, I would not hazard a guess, but I do know 

that the degree of it is unacceptable and that the trade community 

is conscious of the problem, in the same way that I could not give 

you a good answer to how many films are pirated and how many 

copies of counterfeit textiles are coming into the country, or handbags. I would hesitate. I would say—— 

25 

The CHAIRMAN. Do you not think, as Commissioner, you ought to 

know or have an idea how much is pirated, how much from the 

United States is pirated? 

Mr. BERSIN. I think we can look at what the seizures have been 

and project, but I have learned, in terms of the security feature— 

and I see this in much the same way—that being able to project 

what is not being captured or seized is a hazardous calculation, 

and I would want to be in a much more informed position to be 

able to give you an assessment of that. 

The CHAIRMAN. Do you not think you ought to know, in each of 

these key areas? Should you not have just numbers at your fingertips, like that? 

Mr. BERSIN. I do not believe—— 

The CHAIRMAN. At least what the scope of the problem is and 

how well Customs is handling it? 

Mr. BERSIN. Yes, sir. 

The CHAIRMAN. Instead of platitudes and generalities and so 

forth, we need data, we need specifics. 

Mr. BERSIN. I agree that data is better, and we need to have 

data. But in any event, having that baseline data still is not a sure 

guide to the trees that are falling in the forest when no one is there 

to hear them. 

The CHAIRMAN. It is better than nothing, is it not? 

Mr. BERSIN. Educated guesses and—— 

The CHAIRMAN. You are an educator. It is better than none. 

Mr. BERSIN. Educated guesses are better than nothing, but you 

need to take into—— 

The CHAIRMAN. Your best shot, your best try. Do the best you 

can to find out that number. Would you be amazed if you learned 

that 43 percent of world software is pirated? 

Mr. BERSIN. I would find that as unacceptable as figures far less 

than that, sir. 

The CHAIRMAN. What percentage in China do you think is pirated? 

Mr. BERSIN. I know, from my visits in the educational context 

with China, that there is an enormous amount of pirated counterfeit goods on sale there, and on sale elsewhere in the world that 

are—— 

The CHAIRMAN. I am talking about China right now. In China, 

the rates of software piracy, would the numbers of 94 percent for 

the year 2000 and 79 percent for the year 2009 surprise you? That 

is what they are. Russia, 94 percent in 2000; Russia, 2009, 67 percent. So we are doing a little better. Brazil, it is about the same, 

58 percent. Globally, the percentage of pirated software increased 

from 37 percent in the year 2000 to 43 percent in 2009. 

Do you feel we have the ability to deal with this problem? I understand that you are a nuts and bolts guy, not a software guy. 

Mr. BERSIN. Actually, Senator, having worked in California, I understand the piracy of software. I understand the critical nature of 

software and intellectual property rights protection to our economy. 

I understand that deeply. I have been involved in it as a lawyer, 

and also as a prosecutor, where we worked to stop the counterfeited goods coming over from Mexico. So, I understand this issue 

and the importance of it very well, sir. 

26 

The CHAIRMAN. I am just telling you, a lot of businessmen come 

into my office, and I am concerned at the degree of intensity with 

which they are very upset with their products which are pirated 

and stolen. 

Mr. BERSIN. I am familiar with those complaints and those concerns. 

The CHAIRMAN. But they are rising in intensity. I am just telling 

you. 

Mr. BERSIN. Yes. 

The CHAIRMAN. So you know what you have to do, your job. 

Mr. BERSIN. I understand that. 

The CHAIRMAN. All right. We will deal with the metrics. You also 

know there is another border besides Mexico. 

Mr. BERSIN. I know that very well, sir. 

The CHAIRMAN. Have you been up there? 

Mr. BERSIN. I have been there often. 

The CHAIRMAN. You have? Where have you been? 

Mr. BERSIN. I have been to Maine 2 weeks ago. I have been to, 

as Senator Cantwell indicated, Seattle. I have been to Detroit, 

Windsor. I have been to the Holton sector up in New York State 

and Vermont, and I would have gone to Montana, had a senior 

Senator been there to greet me. [Laughter.] 

The CHAIRMAN. Well, you could have gone anyway. 

Mr. BERSIN. Well, I know Montana from travel there, but I 

meant in an official capacity, sir. 

The CHAIRMAN. Yes. Well, you know we have a long border, 

about 545 miles. We only have three ports through which commercial vehicles can pass. It is a huge problem. The operational hours 

at some of these ports have been dramatically reduced. So what are 

your plans to refocus and get a little more commerce going across 

our borders? 

Mr. BERSIN. With respect to—— 

The CHAIRMAN. The northern border, especially Montana. 

Mr. BERSIN. Yes. With respect to the northern border, as you 

know, we have implemented the pilot program to expand the hours 

at Wild Horse, and we want to see whether or not in fact, if we 

provide those extended service hours, whether or not the traffic 

would require that we extend them. We are always willing to assess that. I think that our record has been good in that respect, 

where we conduct the analysis and where there is a demonstrated 

need and a response by the community to make those extended 

hours permanent. 

I think there is also, in rural areas and at ports of entry, a need 

to be willing to look at flexible use of technology that assures our 

security, but also permits people who use the border regularly to 

register so that they can be given access at certain times of the day 

when we are not there with people on the ground. 

The CHAIRMAN. I am especially concerned about intellectual 

property violation, frankly, because it is rising. It is counterfeit 

medicine, for example, that threatens the health of our consumers. 

The authorization bill that we hope to pass will give Customs more 

authority and resources to seize IPR-infringing goods. What additional authority would you like to have to do your job? 

27 

Mr. BERSIN. We appreciate the concern. I want to first see how 

far we can go, in the enforcement efforts that we have initiated. 

There have been two major developments that I want to apply and 

then be in a position to talk about what additional authorities we 

may need. 

Those two efforts are, first, the Intellectual Property Enforcement Center that Immigration and Customs Enforcement has established. We participate in it in the investigations that ICE is 

doing into intellectual property violations or suspected violations. 

That is a partnership that I think we need to assess to see how 

far we are hampered by lack of authority and what other obstacles 

there may be. 

The second major development is the opening up of the CTAC, 

the Commercial Targeting and Analysis Center, that really represents the first time in which we are trying to use the sophisticated databases and targeting rules that we have proven so valuable in the security context, and to do this in the trade context, to 

look at the same notion of risk management, risk segmentation, 

and layered security in the area of trade enforcement as we do in 

terms of protecting against terrorism and transnational crime. 

The CHAIRMAN. What are you doing about concerns about the 

safety of imported toys and children’s products? What are you 

doing about that? Because it is a huge problem. 

Mr. BERSIN. Yes it is, Senator. Two and a half weeks ago, I met 

with Chairman Inez Tenenbaum with the Consumer Product Safety Commission. We entered into a Memorandum of Understanding 

in which members of the CPSC are actually co-located at the 

CTAC, the Commercial Targeting and Analysis Center. 

I had a call this week with Inez Tenenbaum, and we have agreed 

that we will convene a group of agencies for which Customs and 

Border Protection serves as the executive agent so that we can 

start to take an entire, more unified, whole U.S. Government approach to issues not only of consumer product safety, but also intellectual property enforcement. 

The CHAIRMAN. What about the additional costs that importers 

have to bear because of a greater need for them to show compliance 

with U.S. trade laws? Is that not putting additional burden on 

them? 

Mr. BERSIN. Yes. 

The CHAIRMAN. What should we do about that? 

Mr. BERSIN. There is no question that, every time we impose a 

regulatory requirement, there is a cost involved. I have heard the 

complaint that the chairman just articulated in my meetings with 

trade organizations, which I began the first week on the job. This 

week I was with COAC, the Commercial Operations Advisory Committee, in Philadelphia. I heard the same complaints. 

Basically, Senator, I think what we are talking about here is a 

reciprocal obligation. The reciprocal obligation is that, if we impose 

a requirement that results in additional costs to business, we provide the benefit of the bargain to the business. 

The CHAIRMAN. How do you do that? 

Mr. BERSIN. We do that by seeing that there is an expedited 

movement of goods, processes, of paperwork, as well as the movement of containers in the maritime and aviation context, and the 

28 

movement of trucks across the land border. This has to be a winwin situation in which business and government promote American 

economic competitiveness and economic prosperity. 

The CHAIRMAN. Well, the legislation that we hope to pass here 

provides for such benefits, that is, so that those who are doing a 

good job get some benefit of this whole process here. 

Mr. BERSIN. I understand there are important dimensions of the 

bill that do that. 

The CHAIRMAN. What safeguards are you putting in place to ensure that CBP consults fully with this committee and other agencies before making significant decisions? 

Mr. BERSIN. I think a commitment to transparency, openness, 

and notice is the hallmark or the keystone of that approach. When 

I met with the COAC committee in Philadelphia this past Tuesday, 

I made that commitment to them. I believe it was well-received. 

We had a 4-hour meeting in which the subcommittees that have 

been established reported on their work. 

I understand the importance of consultation. I understand the 

importance of rebuilding the trust and confidence of the trade community, as well as members of Congress, in the notion that we can 

have both security and prosperous trade together. We need not sacrifice one to get the other. 

The CHAIRMAN. All right. This committee does not like to be 

blindsided, so, if something is coming up and you think that Congress should know about it, I would like a telephone call in advance. 

Mr. BERSIN. Yes, sir. 

The CHAIRMAN. I do not want to read about something that is 

pretty significant in the newspapers or from my constituents. I 

want to hear it first from you. All right. I am about ready to wrap 

up here, unless you have something you want to say. 

Mr. BERSIN. Senator, I appreciate the opportunity. I want to express again my concern at the impression that may have been conveyed to your staff in the course of the vetting process. Senator, for 

20 years now I have engaged in public service, as you noted, as a 

U.S. Attorney, as a member of the Department of Justice, as a 

school superintendent, as California’s Secretary of Education, as a 

Chairman of the Airport Authority, and more recently in DHS as 

the Assistant Secretary and Special Border Representative. 

In each of those positions, my reputation for truthfulness and directness—indeed, candor, sometimes believed to be at a fault—is 

what I prize most. I have been confirmed by five legislative bodies 

in four different levels of government. I take my reputation for 

truthfulness and candor as the core. 

The first lesson that my children learned is that your word is 

your bond, and I want, over time, Senator, to have the opportunity 

to earn that trust and confidence on the substantive matters, but 

also on the values that you articulated in quoting Teddy Roosevelt 

at the outset of this hearing. 

The CHAIRMAN. I appreciate that, and I appreciate your answering questions posed by this committee. But I must say, I still remain concerned. Since 1853, the Customs Service has had responsibility for patrolling our borders. Your agency retains the authority 

to secure the borders from unlawful entry of persons and goods. 

29 

Frankly, I believe your failure to complete and maintain I–9s goes 

to the heart of your duties as Commissioner of Customs, the heart 

of your agency’s responsibilities to secure our borders. To credibly 

enforce the law, you must first follow the law. 

Nevertheless, you have been appointed as Commissioner. Your 

term will expire at the end of next session. In the meantime, we 

have important duties to fulfill, and I hope you will fulfill them 

very well, and I look forward to working with you on the metrics 

that we are going to work with to see what progress we can undertake between now and the end of next year. 

Mr. BERSIN. Thank you, Senator. 

The CHAIRMAN. Thank you. 

The hearing is adjourned. 

[Whereupon, at 11:50 a.m., the hearing was concluded.] 

(31) 

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