166 
(2) As part of this massive govern-
ment reorganization, section 442 of the 
Homeland Security Act of 2002 (Public 
Law 107–273) established a Bureau of 
Border Security and transferred into it 
all of the functions, programs, personnel, 
assets, and liabilities pertaining to the 
following programs: the Border Patrol; 
alien detention and removal; immigra-
tion-related intelligence, investigations, 
and enforcement activities; and immigra-
tion inspections at ports of entry. 
(3) Title IV of the Homeland Security 
Act of 2002 (Public Law 107–273) also 
transferred to the new Department the 
United States Customs Service, as a dis-
tinct entity within the new Department, 
to further the Department’s border integ-
rity mission. 
(4) Utilizing its reorganization au-
thority provided in the Homeland Secu-
rity Act of 2002, the President submitted 
a reorganization plan for the Department 
on January 30, 2003.
167 
(5) This plan merged the customs and 
immigration border inspection and patrol 
functions, along with agricultural inspec-
tions functions, into a new entity called 
United States Customs and Border Pro-
tection. 
(6) The plan also combined the cus-
toms 
and 
immigration 
enforcement 
agents, as well as the Office of Detention 
and Removal Operations, the Office of 
Federal Protective Service, the Office of 
Federal Air Marshal Service, and the Of-
fice of Intelligence, into another new en-
tity called United States Immigration and 
Customs Enforcement. 
(7) The President’s January 30, 2003, 
reorganization plan did not explain the 
reasons for separating immigration in-
spection and border patrol functions 
from other immigration-related enforce-
ment activities, which was contrary to 
the single Bureau of Border Security as 
prescribed by the Congress in the section 
441 of the Homeland Security Act of 2002.
168 
(8) Two years after this structure has 
been in effect, questions remain about 
whether the Department has organized 
itself properly, and is managing its cus-
toms and immigration enforcement and 
border security resources in the most ef-
ficient, sensible, and effective manner. 
(9) The current structure has resulted 
in less cooperation and information shar-
ing between these two critical functions 
than is desirable, and has caused oper-
ational and administrative difficulties 
that are hampering efforts to secure our 
borders and ensure the integrity of our 
border control system. 
(10) United States Immigration and 
Customs Enforcement has faced major 
budgetary challenges that are, in part, at-
tributable to the inexact division of re-
sources upon the separation of immigra-
tion functions. These budget shortfalls 
have forced United States Immigration 
and Customs Enforcement to impose hir-
ing freezes and to release aliens that oth-
erwise should be detained.
169 
(11) The current structure also has 
resulted in unnecessary overlap and du-
plication between United States Immigra-
tion 
and 
Customs 
Enforcement 
and 
United States Customs and Border Pro-
tection, both in the field and at the head-
quarters level. There are intelligence, leg-
islative affairs, public affairs, and inter-
national affairs offices in both agencies. 
(12) Border security and customs and 
immigration enforcement should be one 
seamless mission. 
(b) REPORT.— 
(1) IN
GENERAL.—Not later than 30 
days after the date of the enactment of 
this Act, the Secretary of Homeland Secu-
rity shall review and evaluate the current 
organizational structure of the Depart-
ment of Homeland Security established 
by the President’s January 30, 2003, reor-
ganization plan and submit a report of 
findings and recommendations to the 
Congress. 
(2) CONTENTS OF REPORT.—The report 
shall include—
170 
(A) a description of the rationale 
for, and any benefits of, the current 
organizational 
division 
of 
United 
States Immigration and Customs En-
forcement and United States Customs 
and Border Protection, with respect 
to the Department’s immigration and 
customs missions; 
(B) a description of the organiza-
tion, missions, operations, and poli-
cies of United States Customs and 
Border Protection and United States 
Immigration and Customs Enforce-
ment, and areas of unnecessary over-
lap or operational gaps among and 
between these missions; 
(C) an analysis of alternative or-
ganizational structures that could 
provide a more effective way to de-
liver maximum efficiencies and mis-
sion success; 
(D) a description of the current 
role of the Directorate of Border and 
Transportation Security with respect 
to providing adequate direction and
171 
oversight of the two agencies, and 
whether this management structure 
is still necessary; 
(E) an analysis of whether the 
Federal Air Marshals and the Federal 
Protective Service are properly lo-
cated within the Department within 
United States Immigration and Cus-
toms Enforcement; 
(F) the proper placement and 
functions of a specialized investiga-
tive and patrol unit operating at the 
southwest border on the Tohono 
O’odham Nation, known as the Shad-
ow Wolves; 
(G) the potential costs of reorga-
nization, 
including 
financial, 
pro-
grammatic, and other costs, to the De-
partment; and 
(H) 
recommendations 
for 
cor-
recting the operational and adminis-
trative 
problems 
that 
have 
been 
caused by the division of United 
States Customs and Border Protec-
tion and United States Immigration