[Senate Report 108-115]
[From the U.S. Government Publishing Office]
From the Senate Reports Online via GPO Access
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Calendar No. 238
108th Congress Report
SENATE
1st Session 108-115
_______________________________________________________________________
NON-HOMELAND SECURITY MISSION PERFORMANCE ACT OF 2003
__________
R E P O R T
of the
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
to accompany
S. 910
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.--Ordered to be printed
______
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 2003
COMMITTEE ON GOVERNMENTAL AFFAIRS
SUSAN M. COLLINS, Maine, Chairman
TED STEVENS, Alaska JOSEPH I. LIEBERMAN, Connecticut
GEORGE V. VOINOVICH, Ohio CARL LEVIN, Michigan
NORM COLEMAN, Minnesota DANIEL K. AKAKA, Hawaii
ARLEN SPECTER, Pennsylvania RICHARD J. DURBIN, Illinois
ROBERT F. BENNETT, Utah THOMAS R. CARPER, Delaware
PETER G. FITZGERALD, Illinois MARK DAYTON, Minnesota
JOHN E. SUNUNU, New Hampshire FRANK LAUTENBERG, New Jersey
RICHARD C. SHELBY, Alabama MARK PRYOR, Arkansas
Michael D. Bopp, Staff Director and Chief Counsel
Claudia C. Gelzer, Coast Guard Detailee
Joyce A. Rechtschaffen, Minority Staff Director and Counsel
Garrick K. Groves, Minority Professional Staff Member, Subcommittee on
Financial Management, the Budget, and International Security
Amy B. Newhouse, Chief Clerk
CONTENTS
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Page
I. Purpose and Summary..............................................1
II. Background.......................................................1
III. Legislative History..............................................2
IV. Section-by-Section Analysis......................................3
V. Evaluation of Regulatory Impact..................................3
VI. CBO Cost Estimate................................................4
VII. Changes to Existing Law..........................................5
Calendar No. 238
108th Congress Report
SENATE
1st Session 108-115
======================================================================
NON-HOMELAND SECURITY MISSION PERFORMANCE ACT OF 2003
_______
July 29 (legislative day, July 21), 2003.--Ordered to be printed
_______
Ms. Collins, from the Committee on Governmental Affairs, submitted the
following
R E P O R T
[To accompany S. 910]
The Committee on Governmental Affairs, to which was
referred the bill (S. 910) to ensure the continuation of non-
homeland security functions of Federal agencies transferred to
the Department of Homeland Security, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
I. PURPOSE AND SUMMARY
S. 910, the Non-Homeland Security Mission Performance Act
of 2003, would ensure that the agencies and entities
consolidated into the Department of Homeland Security (DHS)
continue to fulfill core, non-homeland security missions. S.
910 would preserve vital non-homeland security functions by
requiring DHS to report to Congress on the resources,
personnel, and capabilities used to perform non-homeland
security missions and the management strategy needed to carry
out these functions.
II. BACKGROUND
The Homeland Security Act (P.L. 107-296) created the
Department of Homeland Security to prevent terrorist attacks
and reduce America's vulnerability to such attacks. However,
many agencies within the Department also perform important non-
homeland security missions that Americans rely on every day.
The Animal and Plant Health Inspection Service protects
ecosystems from invasive species. The Federal Emergency
Management Agency assists local communities to prepare for and
respond to natural disasters. The U.S. Coast Guard performs
essential maritime search and rescue, fisheries enforcement,
marine safety, marine environmental protection, navigation
assistance, and migrant interdiction functions. The Department
of Homeland Security's Bureau of Citizenship and Immigration
Services provides asylum for refugees and assists immigrants in
becoming American citizens. The Customs Service protects and
monitors foreign trade that is essential for a healthy American
economy. The Secret Service monitors and protects against
identity theft, counterfeiting, and other financial crimes.
To preserve these vital functions, S. 910, 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 required 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. The legislation also calls for a General Accounting
Office (GAO) annual evaluation, over five years, on the
performance of essential non-homeland security missions.
The creation of the Department of Homeland Security brings
with it challenges to ensure that its component agencies can
perform both homeland security and non-homeland security
missions. In the case of the Coast Guard for example, on April
1, 2003, GAO testified before the House Committee on
Transportation and Infrastructure that the maritime agency has
experienced a substantial decline in the amount of time spent
on traditional missions due to an increased emphasis on
homeland security. Moreover, the GAO review found that the
Coast Guard lacks the resources to increase the time spent to
fulfill its non-homeland security missions. Coast Guard
Commandant Thomas H. Collins said the 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. In fact, the General Accounting Office has
added the transformation and implementation of the Department
of Homeland Security to its ``high risk'' list, partially as
the result of existing management challenges to maintaining
non-homeland security missions.
The creation of the Department of Homeland Security should
not come at the expense of essential non-homeland security
missions. Agencies should be empowered to fully perform both
their homeland security responsibilities and their critical,
traditional non-homeland security missions. Enhancing
traditional missions also enhances domestic security, which
depends on sound management strategies that ensure adequate
resources and personnel.
III. LEGISLATIVE HISTORY
S. 910 was introduced by Senator Daniel K. Akaka on April
11, 2003 and was referred to the Governmental Affairs Committee
on the same date. The bill is cosponsored by Senators Thomas R.
Carper, Frank R. Lautenberg, and Richard J. Durbin.
The Committee met in open session on June 17, 2003, and
ordered favorably reported the bill S. 910, as amended
unanimously by a voice vote of 9-0. Members present were
Collins, Lieberman, Voinovich, Coleman, Sununu, Fitzgerald,
Akaka, Durbin, Carper, Lautenberg, Levin, and Pryor. The
amendment offered by Senator Akaka and cosponsored by Chairman
Collins made the following changes to S. 910: (1) provided
technical changes to clarify that the reporting requirements of
the DHS Inspector General on the fulfillment of non-homeland
security functions by the U.S. Coast Guard would not be
duplicated in the bill; (2) added the non-homeland security
mission of marine environmental protection to the functions
identified for the U.S. Coast Guard; and (3) clarified that the
Director of the U.S. Secret Service will satisfy reporting
requirements for the Secret Service as required in the bill.
IV. SECTION-BY-SECTION ANALYSIS
Section 1. Short title
This Act may be cited as the ``Non-Homeland Security
Mission Performance Act of 2003.''
Section 2. Finding and purpose
This section explains the importance of non-homeland
security functions in the Department of Homeland Security and
details the essential non-homeland security functions that
agencies of the Department perform every day.
Section 3. Non-homeland security function performance
This section requires DHS Under Secretaries with direct
responsibility for maintaining non-homeland security functions
to report to Congress on the performance of those functions
including an inventory of the number of employees, the budget,
and flexibilities used to accomplish non-homeland security
missions. The Director of the Secret Service will provide this
information for the U.S. Secret Service, and the DHS Inspector
General will provide this information for the U.S. Coast Guard.
The inventory will also include the roles, responsibilities,
organizational structure, capabilities, personnel assets, and
annual budgets required to maintain the capability to
accomplish non-homeland security functions without
diminishment. In addition to the inventory, the report to
Congress will contain any changes required to ensure the
fulfillment of non-homeland security missions and the strategy
used to perform non-homeland security functions. The U.S.
Comptroller General will report on the implementation of all
reporting requirements under S. 910.
This section also requires the Department of Homeland
Security to clarify how non-homeland security missions will be
performed in Government Performance and Results Act performance
reports to Congress as required by law.
V. EVALUATION OF REGULATORY IMPACT
Paragraph 11(b)(1) of rule XXVI of the Standing Rules of
the Senate requires that each report accompanying a bill
evaluate ``the regulatory impact which would be incurred in
carrying out this bill.''
The enactment of this legislation will not have significant
regulatory impact.
VI. CBO COST ESTIMATE
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 24, 2003.
Hon. Susan M. Collins,
Chairman, Committee on Governmental Affairs, U.S. Senate, Washington,
DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 910, the Non-
Homeland Security Mission Performance Act of 2003.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
S. 910--Non-Homeland Security Mission Performance Act of 2003
S. 910 would require the Under Secretary of each entity
within the Department of Homeland Security (DHS) that performs
functions that are not specifically related to homeland
security to report annually to the Secretary of Homeland
Security and the Congress on the budget and performance of
those functions. Such reports would be required during the five
years following the transfer of each entity to DHS or following
the establishment of an entity in the department that performs
such functions. The director of the Secret Service would
prepare those reports for that agency, and the Inspector
General of DHS would prepare such reports for the Coast Guard.
The bill would direct the General Accounting Office (GAO) to
monitor, evaluate, and review the implementation of the
legislation.
CBO estimates that implementing S. 910 would cost less than
$500,000 a year, subject to the availability of appropriated
funds. The legislation would codify and expand the current
practices of DHS regarding preparation of its budget and annual
program performance reports. CBO does not expect that the
requirements of the bill would lead to significant additional
reporting costs. In addition, the legislation would require the
GAO to annually review and report on the implementation of this
bill and the performance of functions at DHS that are not
specifically related to homeland security. GAO is already
studying the transformation and implementation of the new DHS,
so CBO expects that those new reporting requirements would not
add significant costs. Enactment of S. 910 would not affect
direct spending or revenues.
S. 910 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Matthew
Pickford. This estimate was approved by Robert A. Sunshine,
Assistant Director for Budget Analysis.
VII. CHANGES TO EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that the
legislation is a free-standing bill that will make no changes
to any existing law.