To ensure the continuation of non-homeland security functions of Federal agencies transferred to the Department of Homeland Security.

April 11, 2003

Mr. AKAKA (for himself, Mr. CARPER, and Mr. LAUTENBERG) introduced the following bill; which was read twice and referred to the Committee on Governmental Affairs

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, 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.

END