Sequestration Leaves CBP Unable Access Some User Fees, Says NTEU
The budget cuts that took effect March 1 reduced CBP's ability to use the funds collected through user fees for inspection services, said National Treasury Employees Union (NTEU) President Colleen Kelley in testimony submitted to the Senate Homeland Security Committee, which held a March 14 hearing on border security issues. The sequestration cuts pare back CBP's mandatory spending, including user fee accounts, by $100 million, she said.
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While user fees will continue to be collected for security and inspection services, the agency won't be able to use some of the fees through the end of the 2013 fiscal year she said. "It is not clear whether the user fees collected will go to the general treasury, but user fees are not a tax, by law they pay for specific services provided by the government," she said. "Sequestration nullifies the use of $100 million of these collected fees to pay for CBP inspectional services." CBP outlined its plans and expectations for operations under sequestration earlier this month (see 13030416).
According to Kelley, CBP plans to cut the the [Salaries and Expenses] account by $558.26 million and the mandatory spending account by $100 million will require all "CBP employees to be furloughed up to 14 days during the remainder of FY 2013 or one day per pay period beginning early to mid-April through September 30, resulting in a 10% pay cut for all CBP employees," she said. "CBP issued these furlough notices on March 7, 2013. These furloughs will exacerbate an already unsustainable shortage of CBP inspection and enforcement personnel at international air, sea and land ports of entry. "
CBP will also reduce inspectional overtime expenses by $37.5 million, Kelley said. The agency can't adequately staff existing port facilities under current funding levels provided by Congress, she said. "Proposed port expansions, allowing international flights at airports that are currently not served by international flights, and other new construction to address the growth in international trade and travel, is not possible under the Congressionally-mandated sequester. And, if the sequester, which is intended to be permanent, continues into FY 2014, the current levels of CBP staffing, as set by Congress in statute, will be unsustainable."