Aguilar leads CBP, but not in title

Aguilar leads CBP, but not in title

Aguilar

   U.S. Customs and Border Protection, the agency responsible for managing trade and travel across the border, does not have a commissioner. But someone is in charge.

   Acting Commissioner Jayson Ahern retired Dec. 31 after more than three decades of service.

   Border Patrol chief David V. Aguilar is running the agency, but his title is acting deputy commissioner, not acting commissioner, CBP spokesman Lloyd Easterling confirmed.

   The distinction is rooted in the Federal Vacancies Reform Act of 1998, which suggests — but doesn't explicitly state — that someone must already be the first assistant to the open position to automatically serve as the acting officer for that office. Aguilar was not technically next in line to be commissioner, so he can't be acting commissioner. The president may still designate a person who is not the first assistant to fill the vacant post if the senior employee meets the qualifications stipulated in the act. The rules on such transitions only apply to positions that require Senate confirmation.

Ahern

   The situation of having a third-string officer running U.S. Customs is unique in modern times, according to former top officials. Deputy Commissioner Ahern took over the agency last February when then-Commissioner Ralph Basham, a Bush administration appointee, stepped down.

   AmericanShipper.com first reported Dec. 16 that the administration selected Aguilar to lead the agency until a new commissioner is confirmed by the Senate.

   President Obama last fall nominated Alan Bersin, the Southwest Border czar in the Department of Homeland Security, to be CBP commissioner. The Senate Finance Committee is reviewing his record, but has not indicated when it will hold a confirmation hearing. ' Eric Kulisch