[Congressional Record Volume 149, Number 59 (Friday, April 11, 2003)]
[Senate]
[Pages S5372-S5373]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA (for himself, Mr. Carper, and Mr. Lautenberg):
  S. 910. A bill to ensure the continuation of non-homeland security 
functions of Federal agencies transferred to the Department of Homeland 
Security; to the Committee on Governmental Affairs.
  Mr. AKAKA. Madam President, I rise today to introduce legislation to 
preserve important non-homeland security missions in the Department of 
Homeland Security. I am pleased to be joined by the Senator from 
Delaware, Senator Carper, and the Senator from New Jersey, Senator 
Lautenberg, in this effort to guarantee the fulfillment of non-homeland 
security functions Americans rely on daily.
  Many of these non-homeland security functions are especially 
important to the State of Hawaii. The Coast Guard provides essential 
search and rescue, fisheries enforcement, and protection of our 
coastline. The Animal and Plant Health Inspection Service protects the 
State's fragile ecosystem from invasive species. The Federal Emergency 
Management Agency assists municipalities in reducing the destructive 
effects of natural disasters, such as floods, hurricanes, and tidal 
waves.
  To preserve these vital functions, the ``Non-Homeland Security 
Mission Performance Act of 2003'' would require the Department of 
Homeland Security to identify and report to Congress on the resources, 
personnel, and capabilities used to perform non-homeland security 
functions, as well as the management strategy needed to carry out these 
missions.
  The measure would require the Department to include information on 
the performance of these functions in its annual performance report. 
Our legislation also calls for a General Accounting Office, GAO, 
evaluation of the performance of essential non-homeland security 
missions.
  The establishment of the Department of Homeland Security created 
additional management challenges and has fueled growing concerns that 
the performance of core, non-homeland security functions will slip 
through the cracks. Just last week, the GAO testified before the House 
Committee on Transportation and Infrastructure that

[[Page S5373]]

the Coast Guard has experienced a substantial decline in the amount of 
time spent on core missions. Moreover, GAO found that the Coast Guard 
lacks the resources to reverse this trend. Coast Guard Commandant 
Thomas H. Collins is quoted as saying that his agency has more business 
than it has resources and is challenged like never before to do all 
that America wants it to do.
  These same concerns extend to the entire Department of Homeland 
Security. The Department of Homeland Security's Bureau of Citizenship 
and Immigration services provides asylum for refugees and helps 
immigrants become American citizens. The Customs Service protects and 
monitors foreign trade so essential for a healthy American economy. And 
the Secret Service protects and monitors against identity theft, 
counterfeiting, and other financial crimes.
  In fact, the General Accounting Office has added the transformation 
of and implementation of the Department to the GAO High Risk list, 
partially as the result of existing management challenges to fulfill 
non-homeland security missions.
  The cost of creating a Department of Homeland Security should not 
come at the expense of these essential missions. Agencies should strike 
the proper balance between new homeland security responsibilities and 
their critical non-homeland security missions. Enhancing traditional 
missions also enhances domestic security which depends on sound 
management strategies that ensure adequate resources and personnel.
  I urge my colleagues to support the ``Non-Homeland Security Mission 
Performance Act of 2003.'' Our bill takes important steps to ensure 
that Americans will not see a decline in non-homeland security services 
as a result of the creation of the Department of Homeland Security.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 910

       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, 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.
                                 ______