U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1

19–010

" SENATE ! 108th Congress 

1st Session 

REPORT

2003

108–115

Calendar No. 238

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


congress.#13
(II)

COMMITTEE ON GOVERNMENTAL AFFAIRS 

SUSAN M. COLLINS, Maine, Chairman 

TED STEVENS, Alaska 

GEORGE V. VOINOVICH, Ohio 

NORM COLEMAN, Minnesota 

ARLEN SPECTER, Pennsylvania 

ROBERT F. BENNETT, Utah 

PETER G. FITZGERALD, Illinois 

JOHN E. SUNUNU, New Hampshire 

RICHARD C. SHELBY, Alabama 

JOSEPH I. LIEBERMAN, Connecticut 

CARL LEVIN, Michigan 

DANIEL K. AKAKA, Hawaii 

RICHARD J. DURBIN, Illinois 

THOMAS R. CARPER, Delaware 

MARK DAYTON, Minnesota 

FRANK LAUTENBERG, New Jersey 

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 

(III)

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, 

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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 nonhomeland 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 nonhomeland 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, 

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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 nonhomeland security missions and the strategy used to perform nonhomeland 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. 

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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. 

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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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