[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