Department of Homeland Security: Consolidation of Border and Transportation Security Agencies

Publication Date: May 2003

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Government

Type:

Abstract:

The Homeland Security Act of 2002 (P.L. 107-296) transferred several border and transportation security agencies to the newly established Department of Homeland Security (DHS), which became operational March 1, 2003, consolidating some of them in a Directorate of Border and Transportation Security. The Act charges this new directorate with securing the borders; territorial waters; terminals; waterways; and air, land and sea transportation systems of the United States; and managing the nation's ports of entry. As in the past, the challenge for policymakers is to provide a level of border and transportation security that is commensurate with a multitude of threats, while facilitating legitimate travel and commerce, as well as protecting civil liberties.

The success of the Directorate will depend in large measure on the effective and expedited coordination of transferred agencies and programs; development of a unified strategic vision for departmental and directorate operations; leverage of new and existing technologies to improve threat detection, but facilitate legitimate cross border travel and trade; adequate funding and staffing; efficient deployment of resources; and successful implementation of recently enacted border, port, and transportation security-related legislation.

The agencies transferred to the Directorate of Border and Transportation Security include the U.S. Customs Service, the enforcement programs of the former Immigration and Naturalization Service (INS), the border and inspection programs of the Animal and Plant Health Inspection Service, the Transportation Security Administration, the Federal Protective Service, the Federal Law Enforcement Training Center, and the Office for Domestic Preparedness. The new Department recently announced the realignment of border management and security functions by establishing two bureaus in the directorate; unifying commercial operations, inspections, and land border patrol functions in one; and investigations, alien detention and removal, air/marine drug interdiction operations, and federal protective services in the other. The Coast Guard and the citizenship/services programs of INS have been transferred to the Department of Homeland Security as a stand-alone agency and bureau, outside of the directorate. Nonetheless, their activities will need to be closely coordinated with the new directorate.

This report includes conceptual definitions for "border management" and "border security;" descriptions of the missions of the principal border management agencies; brief discussion of seaport and transportation security, since both are integral to border security; and a brief exploration of issues raised by transferring the Federal Protective Service, the Office for Domestic Preparedness, and the Federal Law Enforcement Training Center to this new directorate. The report concludes with an analysis of issues concerning the consolidation of various border and transportation security agencies in the new Department of Homeland Security. This report is intended as an analysis of border and transportation security issues attached to the creation of the Department of Homeland Security. While some of these issues may persist, this report will not be updated.