[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 910 Reported in Senate (RS)]






                                                       Calendar No. 238
108th CONGRESS
  1st Session
                                 S. 910

                          [Report No. 108-115]

   To ensure the continuation of non-homeland security functions of 
  Federal agencies transferred to the Department of Homeland Security.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 11, 2003

 Mr. Akaka (for himself, Mr. Carper, Mr. Lautenberg, and Mr. Durbin) 
        introduced the following bill; which was read twice and 
        referred to the Committee on Governmental AffairsYYYYYYYYYYYYYY

                July 29 (legislative day, July 21), 2003

                Reported by Ms. Collins, with amendments
                  [Insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
   To ensure the continuation of non-homeland security functions of 
  Federal agencies transferred to the Department of Homeland 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 ``Non-Homeland Security Mission 
Performance Act of 2003''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress makes the following findings:
            (1) Federal agencies included in the Department of Homeland 
        Security perform important non-homeland security functions on 
        which all United States citizens rely, such as the protection 
        of fisheries and agriculture, communication and transportation 
        infrastructures, and medical supplies.
            (2) Federal agencies included in the Department shall 
        ensure the continuation of non-homeland security functions as 
        new homeland security responsibilities are adopted.
            (3) A strategy to address non-homeland security functions 
        is needed to meet the daily needs of Americans and to preserve 
        the security of the Nation.
            (4) Non-homeland security functions are complementary to 
        homeland security functions and often share personnel, 
        resources, and assets. It is appropriate for each Under 
        Secretary of the Department of Homeland Security to ensure that 
        non-homeland security functions are performed.
            (5) Agencies in the Department of Homeland Security perform 
        essential non-homeland security functions Americans rely on 
        everyday, including the following:
                    (A) The United States Coast Guard has vital non-
                homeland security functions, including search and 
                rescue, fisheries enforcement, marine environmental 
                protection, law enforcement, marine safety, and aids to 
                navigation.
                    (B) The Department of Homeland Security Bureau of 
                Citizenship and Immigration Services provides important 
                immigration and citizenship services and benefits 
                including processing and approving requests for 
                citizenship, adjudicating asylum for refugees, and 
                immigration benefits, such as refugee and intercountry 
                adoptions.
                    (C) The Federal Emergency Management Agency (FEMA) 
                assists local communities to prepare for and respond to 
                floods, hurricanes, earthquakes, fires, tornadoes, and 
                other natural disasters. The Federal Emergency 
                Management Agency supplements State and local responses 
                to natural disasters and the mitigation of damage, and 
                prevention of disasters, such as earthquakes.
                    (D) The Animal and Plant Health Inspection Service 
                and the Animal Research Service develop strategies to 
                prevent and control foreign or emerging animal and 
                plant disease epidemics vital to farmers, the economy, 
                and the protection of the environment.
                    (E) The Secret Service is charged with safeguarding 
                payment and financial systems by protecting against 
                counterfeiting, identity theft, credit card fraud, cell 
                phone fraud, computer and telecommunications fraud, 
                money laundering, and other financial crimes.
                    (F) The United States Customs Service protects our 
                free trade essential for a healthy economy by working 
                to lower the cost of trade compliance, providing 
                guidance on the conduct of legal trade, and monitoring 
                imports to ensure compliance with public health and 
                safety laws. Customs protects intellectual property and 
                combats money laundering, child pornography, and drug 
                trafficking.
    (b) Purposes.--The purposes of this Act are to--
            (1) ensure the continuation of non-homeland security 
        functions of Federal agencies; and
            (2) ensure that Federal agencies develop sound management 
        strategies and allocate sufficient funding to carry out non-
        homeland security functions.

SEC. 3. NON-HOMELAND SECURITY FUNCTIONS PERFORMANCE.

    (a) In General.--For each entity in the Department of Homeland 
Security that performs non-homeland security functions, the Under 
Secretary with responsibility for that entity, in conjunction with the 
head of that entity, shall submit a report on the performance of the 
entity and all the functions of that entity, with a particular emphasis 
on examining the continuing level of performance of non-homeland 
security functions to--
            (1) the Secretary of Homeland Security;
            (2) the Committee on Governmental Affairs of the Senate;
            (3) the Committee on Appropriations of the Senate;
            (4) the Committee on Government Reform of the House of 
        Representatives;
            (5) the Select Committee on Homeland Security of the House 
        of Representatives; and
            (6) the Committee on Appropriations of the House of 
        Representatives.
    (b) Contents.--The report referred to under subsection (a) shall--
            (1) to the greatest extent possible, provide an inventory 
        of the non-homeland security functions of the entity and 
        identify the capabilities of the entity with respect to those 
        functions, including--
                    (A) the number of employees carrying out those 
                functions;
                    (B) the budget for those functions; and
                    (C) the flexibilities, personnel or otherwise, used 
                to carry out those functions;
            (2) contain information relating to the roles, 
        responsibilities, organizational structure, capabilities, 
        personnel assets, and annual budgets, specifically with respect 
        to the capabilities of the entity to accomplish non-homeland 
        security functions without any diminishment;
            (3) contain information relating to whether any changes are 
        required to the roles, responsibilities, functions, 
        organizational structure, modernization programs, projects, 
        activities, recruitment and retention programs, and annual 
        fiscal resources to enable the entity to accomplish non-
        homeland security functions without diminishment; and
            (4) contain the strategy the Department will use for the 
        performance of non-homeland security functions and homeland 
        security functions.
    (c) Submission of Reports.--During the 5-year period following the 
date of the transfer of an entity that performs non-homeland security 
functions to the Department of Homeland Security or the date of the 
establishment of an entity that performs non-homeland security 
functions within the Department of Homeland Security, the Under 
Secretary with responsibility for that entity shall submit an annual 
report described under subsection (a).
    (d) Annual Evaluations.--
            (1) In general.--The Comptroller General of the United 
        States shall monitor and evaluate the implementation of this 
        section.
            (2) Reports.--Not later than 60 days after the date of 
        enactment of this Act and every year during the succeeding 5-
        year period, the Comptroller General of the United States shall 
        submit a report to the Committee on Governmental Affairs of the 
        Senate and the Committee on Government Reform of the House of 
        Representatives containing--
                    (A) an evaluation of the implementation progress 
                reports submitted under this section;
                    (B) the findings and conclusions of the Comptroller 
                General of the United States resulting from the 
                monitoring and evaluation conducted under this 
                subsection, including evaluations of how successfully 
                the Department of Homeland Security is meeting the non-
                homeland security functions of the Department; and
                    (C) any recommendations for legislation or 
                administrative action the Comptroller General of the 
                United States considers appropriate.
    (e) Performance Reports.--In performance reports submitted under 
section 1116 of title 31, United States Code, the Department of 
Homeland Security shall--
            (1) clarify homeland security and non-homeland security 
        function performance; and
            (2) fully describe and evaluate the performance of homeland 
        and non-homeland security functions and goals to Congress.
    (f) Application of Requirements to the Coast Guard and the Secret 
Service.--
            (1) Coast guard.--
                    (A) In general.--This paragraph shall apply with 
                respect to the Coast Guard, instead of subsections (a), 
                (b), and (c).
                    (B) Report of inspector general.--During the 5-year 
                period following the date of the transfer of the Coast 
                Guard to the Department of Homeland Security, the 
                Inspector General of the Department shall include in 
                each report submitted under section 888(f) of the 
                Homeland Security Act of 2002 (6 U.S.C. 468(f)) the 
                contents required in reports under subsections (a) and 
                (b) of this section.
            (2) Secret service.--With respect to the Secret Service, 
        the Director of the Secret Service shall submit each report as 
        provided under subsections (a), (b), and (c).
            (3) Annual evaluations and performance reports.--
        Subsections (d) and (e) shall apply with respect to that 
        portion included in each report under paragraph (1)(B) and each 
        report under paragraph (2).




                                                       Calendar No. 238

108th CONGRESS

  1st Session

                                 S. 910

                          [Report No. 108-115]

_______________________________________________________________________

                                 A BILL

   To ensure the continuation of non-homeland security functions of 
  Federal agencies transferred to the Department of Homeland Security.

_______________________________________________________________________

                July 29 (legislative day, July 21), 2003

                        Reported with amendments