I
107TH CONGRESS
1ST SESSION
H. R. 3600
To establish a National Border Security Agency.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 20, 2001
Mr. TANCREDO (for himself, Mr. GOODE, Mr. DEAL of Georgia, Mr.
HAYWORTH, and Mr. SCHAFFER) introduced the following bill; which was
referred to the Committee on Government Reform, and in addition to the
Committees on the Judiciary, Transportation and Infrastructure, and
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To establish a National Border Security Agency.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Border Secu-
rity Agency Act’’.
SEC. 2. ESTABLISHMENT OF NATIONAL BORDER SECURITY
AGENCY.
(a) ESTABLISHMENT.—There is established a Na-
tional Border Security Agency (hereinafter in this Act re-
ferred to as the ‘‘Agency’’).
(b) DIRECTOR.—There shall be at the head of the
Agency a Director of Homeland Security (hereafter in this
Act referred to as the ‘‘Director’’), who shall be appointed
by the President by and with the advice and consent of
the Senate. The Director shall be compensated at the rate
provided for level I of the Executive Schedule under sec-
tion 5312 of title 5, United States Code. The Director
shall serve as an advisor to the National Security Council.
(c) DUTIES.—The Director shall plan, coordinate,
and integrate those United States Government activities
relating to border security, and act as a focal point regard-
ing enforcement of United States immigration laws.
SEC. 3. TRANSFER OF AUTHORITIES, FUNCTIONS, PER-
SONNEL, AND ASSETS TO AGENCY.
The authorities, functions, personnel, and assets of
the following entities are hereby transferred to the Agency:
(1) The portions of the Immigration and Natu-
ralization Service responsible for law enforcement
and border management, including the Border Pa-
trol and the divisions of Inspection, Investigations,
and Detention and Removal.
(2) The United States Customs Service, which
shall be maintained as a distinct entity within the
Agency.
(3) The United States Coast Guard, which shall
be maintained as a distinct entity within the Agency.
SEC. 4. REPORTING REQUIREMENTS.
(a) BIENNIAL REPORT.—The Director shall submit
to Congress on a biennial basis a report assessing the re-
sources and requirements of executive agencies relating to
border security issues.
(b) ADDITIONAL REPORT.—Not later than the date
that is one year after the date of the enactment of this
Act, the Director shall submit to Congress a report—
(1) assessing the progress of the Agency in—
(A) implementing the provisions of this
Act; and
(B) ensuring the core functions of each en-
tity transferred to the Agency are maintained
and strengthened; and
(2) recommending any conforming changes in
law necessary as a result of the enactment and im-
plementation of this Act.
SEC. 5. COORDINATION WITH OTHER ORGANIZATIONS.
The Director shall establish and maintain strong
mechanisms for the sharing of information and intel-
ligence with the Department of State and international in-
telligence entities.
SEC. 6. PLANNING, PROGRAMMING, AND BUDGETING PROC-
ESS.
The Director shall establish procedures to ensure that
the planning, programming, budgeting, and financial ac-
tivities of the Agency comport with sound financial and
fiscal management principles. Those procedures shall, at
a minimum, provide for the planning, programming, and
budgeting of activities of the Agency using funds that are
available for obligation for a limited number of years.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect on the date that is 6
months after the date of the enactment of this Act.
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