[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2020 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2020

        To establish the Department of National Border Security.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 15, 2002

   Mr. Gregg introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
        To establish the Department of National Border Security.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of National Border 
Security Act of 2002''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Department.--The term ``Department'' means the 
        Department of National Border Security established by this Act.
            (2) Federal agency.--The term ``Federal agency'' has the 
        meaning given to the term ``agency'' by section 551(1) of title 
        5, United States Code.
            (3) Immigration adjudication functions.--The term 
        ``immigration adjudication functions'' means the functions 
        performed by the Executive Office for Immigration Review of the 
        Department of Justice and the authority of the Attorney General 
        to review the exercise of those functions.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of National Border Security.

            TITLE I--DEPARTMENT OF NATIONAL BORDER SECURITY

SEC. 101. ESTABLISHMENT.

    (a) Establishment.--There is established an executive department to 
be known as the Department of National Border Security.
    (b) Secretary of National Border Security.--
            (1) In general.--There shall be at the head of the 
        Department a Secretary of National Border Security, who shall 
        be appointed by the President, by and with the advice and 
        consent of the Senate. The Department shall be administered, in 
        accordance with the provisions of this Act, under the 
        supervision and direction of the Secretary.
            (2) Cabinet level position.--Section 5312 of title 5, 
        United States Code, is amended by adding at the end the 
        following:
            ``Secretary of National Border Security.''.
            (3) Membership on the national security council.--Section 
        101(a) of the National Security Act of 1947 (50 U.S.C. 402(a)) 
        is amended in the fourth sentence by striking paragraphs (5), 
        (6), and (7) and inserting the following:
            ``(5) the Secretary of National Border Security; and
            ``(6) each Secretary or Under Secretary of such other 
        executive department, or of a military department, as the 
        President shall designate.''.
    (c) Duties.--Under the direction, authority, and control of the 
President, the Secretary shall be responsible for the following:
            (1) To plan and implement those United States Government 
        activities relating to border security.
            (2) To work with State and local governments and Federal 
        agencies in protecting United States border security, and to 
        support State officials through the use of regional offices 
        around the United States.
            (3) To provide overall planning guidance to Federal 
        agencies regarding United States border security.
            (4) To conduct exercise and training programs for employees 
        of the Department and establish effective command and control 
        procedures for the full range of potential contingencies 
        regarding United States border security.
            (5) To develop annually a Federal plan for border security.

SEC. 102. ORGANIZATION.

    (a) In General.--The Department shall be composed of the following 
entities and bureaus:
            (1) The United States Customs Service, as transferred by 
        section 103.
            (2) The Coast Guard, as transferred by section 104.
            (3) The Bureau of Immigration Enforcement.
            (4) The Bureau of Border-Related Drug Enforcement.
            (5) The Bureau of Agricultural Quarantine Inspections.
    (b) Bureau of Immigration Enforcement.--The Bureau of Immigration 
Enforcement shall be headed by an Assistant Secretary for Immigration 
Enforcement, who shall be appointed by the President, by and with the 
advice and consent of the Senate, and who shall assist the Secretary in 
matters relating to the enforcement of United States immigration laws, 
including the inspection, investigation, detention, and removal of 
aliens, but not including any immigration adjudication functions. The 
Assistant Secretary shall be compensated at the rate provided for at 
level IV of the Executive Schedule under section 5315 of title 5, 
United States Code.
    (c) Bureau of Border-Related Drug Enforcement.--The Bureau of 
Border-Related Drug Enforcement shall be headed by an Assistant 
Secretary for Border-Related Drug Enforcement, who shall be appointed 
by the President, by and with the advice and consent of the Senate, and 
who shall assist the Secretary in matters relating to the enforcement 
of United States laws on controlled substances at the international 
borders of the United States with Canada and with Mexico. The Assistant 
Secretary shall be compensated at the rate provided for at level IV of 
the Executive Schedule under section 5315 of title 5, United States 
Code.
    (d) Bureau of Agricultural Quarantine Inspections.--The Bureau of 
Agricultural Quarantine Inspections shall be headed by an Assistant 
Secretary for Agricultural Quarantine Inspections, who shall be 
appointed by the President, by and with the advice and consent of the 
Senate, and who shall assist the Secretary with the agricultural 
quarantine inspection activities of the United States. The Assistant 
Secretary shall be compensated at the rate provided for at level IV of 
the Executive Schedule under section 5315 of title 5, United States 
Code.

SEC. 103. TRANSFER OF UNITED STATES CUSTOMS SERVICE.

    (a) From Department of the Treasury.--The United States Customs 
Service is transferred to the Department of National Border Security.
    (b) Commissioner of Customs.--
            (1) In general.--The first section of the Act entitled ``An 
        Act to create a Bureau of Customs and a Bureau of Prohibition 
        in the Department of the Treasury'', approved March 3, 1927 (44 
        Stat. 1381; 19 U.S.C. 2071), is amended--
                    (A) in the first sentence, by striking ``Department 
                of the Treasury'' and inserting ``Department of 
                National Border Security''; and
                    (B) in the second sentence, by striking ``Secretary 
                of the Treasury'' each of the two places it appears and 
                inserting ``Secretary of National Border Security''.
            (2) Compensation at executive schedule level iv.--Section 
        5315 of title 5, United States Code, is amended by striking 
        ``Commissioner of Customs, Department of the Treasury'' and 
        inserting ``Commissioner of Customs, Department of National 
        Border Security''.
    (c) Reappointment Not Required.--The individual who is serving as 
the Commissioner of Customs within the Department of the Treasury on 
the day before the effective date of this Act may continue to serve as 
the Commissioner of Customs within the Department of National Border 
Security on and after such date without reappointment.

SEC. 104. TRANSFER OF COAST GUARD.

    (a) From Department of Transportation.--The Coast Guard is 
transferred to the Department of National Border Security.
    (b) Title 14.--
            (1) A service in department of border security.--Section 1 
        of title 14, United States Code, is amended by striking 
        ``Department of Transportation'' and inserting ``Department of 
        National Border Security''.
            (2) Conforming references.--Such title is further amended--
                    (A) by striking ``Department of Transportation'' 
                each place it appears, and inserting ``Department of 
                National Border Security''; and
                    (B) by striking ``Secretary of Transportation'' 
                each place it appears, and inserting ``Secretary of 
                National Border Security''.
    (c) Reappointment Not Required.--The individual who is serving as 
the Commandant of the Coast Guard within the Department of 
Transportation on the day before the effective date of this Act may 
continue to serve as the Commandant of the Coast Guard within the 
Department of National Border Security on and after such date without 
reappointment.

SEC. 105. REPORTING REQUIREMENTS.

    (a) Biennial Reports.--Beginning two years after the date of 
enactment of this Act, and every two years thereafter, the Secretary 
shall submit to Congress a report assessing the resources and 
requirements of Federal agencies relating to border security issues.
    (b) Additional Report.--Not later than one year after the date of 
the enactment of this Act, the Secretary shall submit to Congress a 
report--
            (1) assessing the progress of the Department in--
                    (A) implementing the provisions of this Act; and
                    (B) ensuring the core functions of each entity 
                transferred to the Department are maintained and 
                strengthened; and
            (2) recommending any conforming changes in law necessary as 
        a result of the enactment and implementation of this Act.

SEC. 106. COORDINATION WITH OTHER ORGANIZATIONS.

    The Secretary shall establish and maintain effective mechanisms for 
the sharing of information and intelligence with United States and 
international intelligence entities.

SEC. 107. PLANNING, PROGRAMMING, AND BUDGETING PROCESS.

    The Secretary shall establish procedures to ensure that the 
planning, programming, budgeting, and financial activities of the 
Department are consistent with sound financial and fiscal management 
principles. At a minimum, those procedures shall provide for the 
planning, programming, and budgeting of activities of the Department 
using funds that are available for obligation for a limited number of 
years.

         TITLE II--TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS

SEC. 201. DEFINITIONS.

    In this title:
            (1) Function.--The term ``function'' means any duty, 
        obligation, power, authority, responsibility, right, privilege, 
        activity, or program.
            (2) Office.--The term ``office'' includes any office, 
        administration, agency, institute, unit, organizational entity, 
        or component thereof.
            (3) Transferor agency.--The term ``transferor agency'' 
        means any of the following agencies with respect to the 
        appropriate function or functions:
                    (A) The Department of Justice, with respect to the 
                functions described in section 202(1) that are 
                performed by the Immigration and Naturalization Service 
                on the day before the effective date of this Act.
                    (B) The Department of the Treasury, with respect to 
                the functions performed by the United States Customs 
                Service on the day before the effective date of this 
                Act.
                    (C) The Department of Transportation, with respect 
                to the functions performed by the Coast Guard on the 
                day before the effective date of this Act.
                    (D) The Department of Justice, with respect to the 
                function described in section 202(4) that is performed 
                by the Drug Enforcement Administration on the day 
                before the effective date of this Act.
                    (E) The Department of Agriculture, with respect to 
                the functions described in section 202(5) that is 
                performed by the Department of Agriculture on the day 
                before the effective date of this Act.

SEC. 202. TRANSFER OF FUNCTIONS.

    There are transferred to the Secretary all functions which the head 
of any transferor agency exercised on the day before the effective date 
of this Act (including all related functions of any officer or employee 
of a transferor agency) relating to--
            (1) the enforcement of the United States immigration laws 
        (other than immigration adjudication functions);
            (2) the functions performed by the United States Customs 
        Service;
            (3) the functions performed by the Coast Guard;
            (4) the enforcement of laws on controlled substances at the 
        international borders of the United States with Canada and with 
        Mexico; or
            (5) the administration of laws relating to agricultural 
        quarantine inspections.

SEC. 203. DETERMINATIONS OF CERTAIN FUNCTIONS BY THE OFFICE OF 
              MANAGEMENT AND BUDGET.

    If necessary, the Director of the Office of Management and Budget 
shall make any determination of the functions that are transferred 
under section 202.

SEC. 204. PERSONNEL PROVISIONS.

    (a) Appointments.--The Secretary may appoint and fix the 
compensation of such officers and employees, including investigators, 
attorneys, and administrative law judges, as may be necessary to carry 
out the respective functions transferred under this title. Except as 
otherwise provided by law, such officers and employees shall be 
appointed in accordance with the civil service laws and their 
compensation fixed in accordance with title 5, United States Code.
    (b) Experts and Consultants.--The Secretary may obtain the services 
of experts and consultants in accordance with section 3109 of title 5, 
United States Code, and compensate such experts and consultants for 
each day (including traveltime) at rates not in excess of the rate of 
pay for level IV of the Executive Schedule under section 5315 of such 
title. The Secretary may pay experts and consultants who are serving 
away from their homes or regular place of business travel expenses and 
per diem in lieu of subsistence at rates authorized by sections 5702 
and 5703 of such title for persons in Government service employed 
intermittently.

SEC. 205. DELEGATION AND ASSIGNMENT.

    (a) In General.--
            (1) Delegation to the under secretaries.--Subject to 
        paragraph (2), the Secretary shall delegate--
                    (A) the functions described in section 202(1) to 
                the Assistant Secretary for Immigration Enforcement;
                    (B) the functions described in section 202(2) to 
                the Commissioner of Customs;
                    (C) the functions described in section 202(3) to 
                the Commandant of the Coast Guard;
                    (D) the functions described in section 202(4) to 
                the Assistant Secretary for Border-Related Drug 
                Enforcement; and
                    (E) the functions described in section 202(5) to 
                the Assistant Secretary for Agricultural Quarantine 
                Inspection.
            (2) Reservation of functions.--Policy and administrative 
        functions of functions transferred under section 202 shall be 
        reserved for exercise by the Secretary.
    (b) Nonexclusive Delegations Authorized.--Delegations made under 
subsection (a) may be on a nonexclusive basis as the Secretary may 
determine may be necessary to ensure the faithful execution of the 
Secretary's responsibilities and duties under law.
    (c) Effect of Delegations.--Except as otherwise expressly 
prohibited by law or otherwise provided in this title, the Secretary 
may make delegations under this subsection to such officers and 
employees of the Department as the Secretary may designate, and may 
authorize successive redelegations of such functions as may be 
necessary or appropriate. No delegation of functions under this 
subsection or under any other provision of this title shall relieve the 
official to whom a function is transferred pursuant to this title of 
responsibility for the administration of the function.

SEC. 206. REORGANIZATION.

    Except as otherwise provided by section 205, the Secretary is 
authorized to allocate or reallocate any function transferred under 
section 202 among the officers of the Department, and to establish, 
consolidate, alter, or discontinue such organizational entities in the 
Department as may be necessary or appropriate.

SEC. 207. RULES.

    The Secretary is authorized to prescribe, in accordance with the 
provisions of chapters 5 and 6 of title 5, United States Code, such 
rules and regulations as the Secretary determines necessary or 
appropriate to administer and manage the functions of the Department.

SEC. 208. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.

    Except as otherwise provided in this title, the personnel employed 
in connection with, and the assets, liabilities, contracts, property, 
records, and unexpended balances of appropriations, authorizations, 
allocations, and other funds employed, used, held, arising from, 
available to, or to be made available in connection with the functions 
transferred by this title, subject to section 1531 of title 31, United 
States Code, shall be transferred to the Department. Unexpended funds 
transferred pursuant to this section shall be used only for the 
purposes for which the funds were originally authorized and 
appropriated.

SEC. 209. INCIDENTAL TRANSFERS.

    The Director of the Office of Management and Budget, at such time 
or times as the Director shall provide, is authorized to make such 
determinations as may be necessary with regard to the functions 
transferred by this title, and to make such additional incidental 
dispositions of personnel, assets, liabilities, grants, contracts, 
property, records, and unexpended balances of appropriations, 
authorizations, allocations, and other funds held, used, arising from, 
available to, or to be made available in connection with such 
functions, as may be necessary to carry out the provisions of this 
title. The Director of the Office of Management and Budget shall 
provide for the termination of the affairs of all entities terminated 
by this title and for such further measures and dispositions as may be 
necessary to effectuate the purposes of this title.

SEC. 210. EFFECT ON PERSONNEL.

    (a) In General.--Except as otherwise provided by this title, the 
transfer pursuant to this title of full-time personnel (except special 
Government employees) and part-time personnel holding permanent 
positions shall not cause any such employee to be separated or reduced 
in grade or compensation for one year after the date of transfer of 
such employee under this title.
    (b) Executive Schedule Positions.--Except as otherwise provided in 
this title, any person who, on the day preceding the effective date of 
this title, held a position compensated in accordance with the 
Executive Schedule prescribed in chapter 53 of title 5, United States 
Code, and who, without a break in service, is appointed in the 
Department to a position having duties comparable to the duties 
performed immediately preceding such appointment shall continue to be 
compensated in such new position at not less than the rate provided for 
such previous position, for the duration of the service of such person 
in such new position.
    (c) Termination of Certain Positions.--Positions whose incumbents 
are appointed by the President, by and with the advice and consent of 
the Senate, the functions of which are transferred by this title, shall 
terminate on the effective date of this title.

SEC. 211. SAVINGS PROVISIONS.

    (a) Continuing Effect of Legal Documents.--All orders, 
determinations, rules, regulations, permits, agreements, grants, 
contracts, certificates, licenses, registrations, privileges, and other 
administrative actions--
            (1) which have been issued, made, granted, or allowed to 
        become effective by the President, any Federal agency or 
        official thereof, or by a court of competent jurisdiction, in 
        the performance of functions which are transferred under this 
        title, and
            (2) which are in effect at the time this title takes 
        effect, or were final before the effective date of this title 
        and are to become effective on or after the effective date of 
        this title,
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the President, the Secretary or other authorized official, a court of 
competent jurisdiction, or by operation of law.
    (b) Proceedings Not Affected.--The provisions of this title shall 
not affect any proceedings, including notices of proposed rulemaking, 
or any application for any license, permit, certificate, or financial 
assistance pending before a transferor agency at the time this title 
takes effect, with respect to functions transferred by this title but 
such proceedings and applications shall be continued. Orders shall be 
issued in such proceedings, appeals shall be taken therefrom, and 
payments shall be made pursuant to such orders, as if this title had 
not been enacted, and orders issued in any such proceedings shall 
continue in effect until modified, terminated, superseded, or revoked 
by a duly authorized official, by a court of competent jurisdiction, or 
by operation of law. Nothing in this subsection shall be deemed to 
prohibit the discontinuance or modification of any such proceeding 
under the same terms and conditions and to the same extent that such 
proceeding could have been discontinued or modified if this title had 
not been enacted.
    (c) Suits Not Affected.--The provisions of this title shall not 
affect suits commenced before the effective date of this title, and in 
all such suits, proceedings shall be had, appeals taken, and judgments 
rendered in the same manner and with the same effect as if this title 
had not been enacted.
    (d) Nonabatement of Actions.--No suit, action, or other proceeding 
commenced by or against a transferor agency, or by or against any 
individual in the official capacity of such individual as an officer of 
a transferor agency, shall abate by reason of the enactment of this 
title.
    (e) Administrative Actions Relating to Promulgation of 
Regulations.--Any administrative action relating to the preparation or 
promulgation of a regulation by a transferor agency relating to a 
function transferred under this title may be continued by the 
Department with the same effect as if this title had not been enacted.

SEC. 212. TRANSITION.

    The Secretary is authorized to utilize--
            (1) the services of such officers, employees, and other 
        personnel of a transferor agency with respect to functions 
        transferred to the Department by this title; and
            (2) funds appropriated to such functions for such period of 
        time as may reasonably be needed to facilitate the orderly 
        implementation of this title.

SEC. 213. REFERENCES.

    Reference in any other Federal law, Executive order, rule, 
regulation, or delegation of authority, or any document of or relating 
to--
            (1) the head of a transferor agency with regard to 
        functions transferred under section 202, shall be deemed to 
        refer to the Secretary; and
            (2) a transferor agency with regard to functions 
        transferred under section 202, shall be deemed to refer to the 
        Department.

SEC. 214. ADDITIONAL CONFORMING AMENDMENTS.

    (a) Recommended Legislation.--After consultation with the 
appropriate committees of the Congress and the Director of the Office 
of Management and Budget, the Secretary shall prepare and submit to the 
Congress recommended legislation containing technical and conforming 
amendments to reflect the changes made by this title.
    (b) Submission to the Congress.--No later than 6 months after the 
effective date of this title, the Secretary shall submit the 
recommended legislation referred to under subsection (a).

                       TITLE III--EFFECTIVE DATE

SEC. 301. EFFECTIVE DATE.

    This Act shall take effect 6 months after the date of enactment of 
this Act.
                                 <all>