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[Senate Report 108-115]
[From the U.S. Government Publishing Office]

From the Senate Reports Online via GPO Access
[wais.access.gpo.gov]

                                                       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

                              ----------                              
                                                                   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.

                                
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