[House Report 110-691]
[From the U.S. Government Publishing Office]
110th Congress Rept. 110-691
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
A BILL TO DIRECT THE COMPTROLLER GENERAL OF THE UNITED STATES TO
CONDUCT A STUDY ON THE USE OF CIVIL AIR PATROL PERSONNEL AND RESOURCES
TO SUPPORT HOMELAND SECURITY MISSIONS, AND FOR OTHER PURPOSES
_______
June 5, 2008.--Ordered to be printed
_______
Mr. Thompson of Mississippi, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H.R. 1333]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 1333) to amend the Homeland Security Act of 2002
to direct the Secretary to enter into an agreement with the
Secretary of the Air Force to use Civil Air Patrol personnel
and resources to support homeland security missions, having
considered the same, report favorably thereon with amendments
and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 5
Congressional Budget Office Estimate............................. 5
Statement of General Performance Goals and Objectives............ 6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 6
Federal Mandates Statement....................................... 6
Advisory Committee Statement..................................... 6
Constitutional Authority Statement............................... 6
Applicability to Legislative Branch.............................. 7
Section-by-Section Analysis of the Legislation................... 7
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. CIVIL AIR PATROL STUDY.
(a) Study.--The Comptroller General of the United States shall
conduct a study of the functions and capabilities of the Civil Air
Patrol to support the homeland security missions of State, local, and
tribal governments and the Department of Homeland Security. In
conducting the study, the Comptroller General shall review the process
by which the Civil Air Patrol may provide assistance to the Secretary
of Homeland Security, other Federal agencies, and States to support
homeland security missions by--
(1) providing aerial reconnaissance or communications
capabilities for border security;
(2) providing capabilities for collective response to an act
of terrorism, natural disaster, or other man-made event, by
assisting in damage assessment and situational awareness,
conducting search and rescue operations, assisting in
evacuations, transporting time-sensitive medical or other
materials; or
(3) such other activities as may be determined appropriate by
the Comptroller General in the conduct of this review.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a report
containing the findings of the review conducted under subsection (a).
The report shall include--
(1) an assessment of the feasibility and cost-effectiveness
of using Civil Air Patrol assets for the purposes described in
subsection (a); and
(2) an assessment as to whether the current mechanisms for
Federal agencies and States to request support from the Civil
Air Patrol are sufficient or whether new agreements between
relevant Federal agencies and the Civil Air Patrol are
necessary.
(c) Report to Congress.--Not later than 90 days after completing the
study under this section, the Secretary of Homeland Security shall
review and analyze the study and submit to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report on such review
and analysis, which shall include any recommendations of the Secretary
for further action that could affect the organization and
administration of the Department of Homeland Security.
Amend the title so as to read:
A bill to direct the Comptroller General of the United
States to conduct a study on the use of Civil Air Patrol
personnel and resources to support homeland security missions,
and for other purposes.
Purpose and Summary
The purpose of H.R. 1333 is to amend the Homeland Security
Act of 2002 to direct the Secretary to enter into an agreement
with the Secretary of the Air Force to use Civil Air Patrol
personnel and resources to support homeland security missions.
Background and Need for Legislation
The Civil Air Patrol (CAP) has a long history of service to
the Nation, including providing assistance to State and local
governments in times of need. While CAP was formed at the
outbreak of the Second World War, during which it patrolled the
Nation's eastern coastline to protect against the threat of
German U-boats, the CAP was formally made the civilian
auxiliary of the United States Air Force on May 26, 1948
(Public Law 557 (Pub. L. 80-557)). Between July 1942 and April
1944, the Civil Air Patrol Southern Liaison Patrol was given
the task of patrolling the border between Brownsville, Texas,
and Douglas, Arizona. The Southern Liaison Patrol logged
approximately 30,000 flight hours and patrolled roughly 1,000
miles of the land separating the United States and Mexico.
Since that time, the primary mission and operations of the
organization have changed. Today, CAP is best known for
education and Cadet Programs and for its inland search and
rescue (SAR) capabilities. CAP flies nearly 95 percent of
inland SAR missions directed by the Air Force Rescue
Coordination Center and also directly supports the Joint Rescue
Coordination Centers in Alaska, Hawaii, and Puerto Rico. It is
credited with saving an average of 100 lives per year.
Although the CAP retains the title ``United States Air
Force Auxiliary'', this Auxiliary status is only applicable
when CAP members and resources are on an Air Force-assigned
mission with an Air Force-assigned mission number. At all other
times, the CAP functions as a private, non-profit corporation.
The Civil Air Patrol owns and operates the world's largest
fleet of single-engine Cessna aircraft, which are located
throughout the United States and assigned to each State's ``CAP
Wing.''
The Committee commends CAP's contributions to our Nation's
homeland security. The Government Accountability Office study
required by this legislation will provide the Congress with a
broad review of the various ways the CAP may continue to
support the homeland security missions of State and local
governments, the Department of Homeland Security, and other
Federal agencies. For instance, the study will provide a review
of how CAP resources can be utilized to assist in border
security, or to augment situational awareness and search and
rescue capabilities during the response to a terrorist attack
or natural disaster. The results of this study will help
determine whether the existing processes to request CAP
assistance are sufficient or whether refinements may be
necessary.
Hearings
On April 25, 2007, the Subcommittee on Emergency
Communications, Preparedness, and Response held a hearing
entitled ``Examining the Military's Support of Civil
Authorities During Disasters.'' The Subcommittee received
testimony from Major General Terry L. Scherling, Director of
the Joint Staff, National Guard Bureau; Major General Timothy
J. Lowenberg, Adjutant General, State of Washington; Major
General Tony Pineda, National Commander, Civil Air Patrol; Mr.
Glenn Cannon, Assistant Administrator for Disaster Operations,
Federal Emergency Management Agency, Department of Homeland
Security; and Mr. Mike Womack, Director, Mississippi Emergency
Management Agency, State of Mississippi.
On May 1, 2007, the Committee received a briefing on Civil
Air Patrol missions and operations from the Civil Air Patrol's
National Commander and General Counsel.
Committee Consideration
H.R. 1333 was introduced in the House on March 6, 2007, by
Mr. Dent and 32 original co-sponsors. H.R. 1333 was referred to
the Committee on Homeland Security, and in addition to the
Committee on Transportation and Infrastructure. Within the
Committee H.R. 1333 was referred to the Subcommittee on
Emergency Communications, Preparedness and Response.
The Subcommittee on Emergency Communications, Preparedness
and Response considered H.R. 1333 on April 30, 2008, and
forwarded the bill to the Full Committee for consideration,
amended, by voice vote.
H.R. 1333 was AGREED TO, as amended, by a recorded vote of
8 yeas and 0 nays (Roll Call Vote No. 3).
A motion by Mr. Cuellar to amend the title so as to read:
``A Bill to direct the Comptroller General to conduct a study
on the use of Civil Air Patrol personnel and resources to
support homeland security missions, and for other purposes.'';
was not objected to.
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by Mr.
Dent (#1); was AGREED TO by voice vote.
The Committee on Homeland Security considered H.R. 1333 on
May 20, 2008, and ordered the measure reported to the House
with a favorable recommendation, as amended, by unanimous
consent.
The following amendment was offered:
An Amendment in the Nature of a Substitute offered by Mr.
Dent (#1); was AGREED TO by the unanimous consent.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
full committee consideration
No recorded votes occurred on H.R. 1333 during Full
Committee consideration.
subcommittee on emergency communications, preparedness and response
consideration
The Subcommittee on Emergency Communications, Preparedness,
and Response met in open markup session on April 30, 2008, to
consider H.R. 1333, was forwarded to the Full Committee with a
favorable recommendation, by voice vote.
H.R. 1333 was AGREED TO, amended, by a recorded vote of 8
yeas and 0 nays (Roll Call Vote No. 3).
Vote on: Agreeing to H.R. 1333, as amended. Was AGREED to
by a record vote of 8 yeas and 0 nays (Roll Call Vote No. 3.)
As follows:
Recorded Vote Number: 2; Total: Yeas--8; Nays--0.
YEA NAY
Mr. Cuellar
Ms. Sanchez
Mr. Dicks
Ms. Lowey
Mr. Etheridge
Mr. Dent
Mr. Davis
Mrs. Miller
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the
Rules of the House of Representatives, the Committee finds that
H.R. 1333, the Civil Air Patrol Homeland Security Support Act
of 2007, would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
June 3, 2008.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1333, a bill to
direct the Comptroller General of the United States to conduct
a study on the use of Civil Air Patrol personnel and resources
to support homeland security missions, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Peter R. Orszag.
Enclosure.
H.R. 1333--A bill to direct the Comptroller General of the United
States to conduct a study on the use of Civil Air Patrol
personnel and resources to support homeland security missions,
and for other purposes
H.R. 1333 would direct the Government Accountability Office
(GAO) to prepare a report to the Congress on the capability of
the Civil Air Patrol to assist the Department of Homeland
Security (DHS) and state, local, and tribal governments with
operations relating to border security, disaster response, and
other activities. The bill would require DHS to review the GAO
study and prepare its own report to the Congress on use of the
Civil Air Patrol to support homeland security activities.
Based on the costs of similar studies, CBO estimates that
it would cost less than $1 million in fiscal year 2009 for GAO
and DHS to complete the reports required by the bill, subject
to the availability of appropriated funds. Enacting the bill
would not affect direct spending or revenues.
H.R. 1333 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.
On June 2, 2008, CBO transmitted a cost estimate for H.R.
1333 as ordered reported by the House Committee on
Transportation and Infrastructure on May 15, 2008. The two
versions of the bill are very similar and the cost estimates
are the same.
The CBO staff contact for this estimate is Mark Grabowicz.
This estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of
the House of Representatives, H.R. 1333 contains the following
general performance goals, and objectives, including outcome
related goals and objectives authorized.
The Government Accountability Office (GAO) report will
provide an assessment of the feasibility and cost-effectiveness
of using the CAP to support the homeland security missions of
State, local, and tribal governments and the Department of
Homeland Security. The review will include an assessment of how
the CAP may provide support for border security and emergency
response operations, the process by which such support is
currently provided, and if changes are necessary to improve the
effectiveness of this process. The report is due to the House
Committee on Homeland Security and the Senate Committee on
Homeland Security and Governmental Affairs within 180 days of
the date of enactment.
Not later than 90 days after the GAO completes its review,
the Secretary of Homeland Security will submit a report to the
House Committee on Homeland Security and the Senate Committee
on Homeland Security and Governmental Affairs regarding the
Department of Homeland Security's review and assessment of the
GAO study. The Secretary's report will include any
recommendations for further action by the Department,
particularly any recommendations that would affect the
Department's organization and administration.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of the rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional authority for this legislation is provided in
Article I, section 8, clause 1, which grants Congress the power
to provide for the common Defense of the United States.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Civil Air Patrol Study
This section directs the Comptroller General of the United
States to conduct a study of the Civil Air Patrol (CAP) to
determine how the CAP may be used to support the homeland
security missions of State, local, and tribal governments and
the Department of Homeland Security. Specifically, the
Comptroller General will review how the CAP may: provide aerial
reconnaissance or communications capabilities for border
security; provide capabilities for the collective response to
an act of terrorism, natural disaster, or other man-made event
by assisting in damage assessment and situational awareness,
conducting search and rescue operations, assisting in
evacuations, and transporting time-sensitive medical or other
materials; or other activities as determined.
The Comptroller General shall submit the findings of this
review to Congress, including an assessment of the feasibility
and cost-effectiveness of using CAP assets for the purposes
outlined above, and whether the current mechanisms for Federal
agencies and States to request CAP support are sufficient or
whether new agreements are necessary.
Section 2. Review by the Secretary
This section directs the Secretary of Homeland Security to
review and analyze the results of the Comptroller General's
study and report any recommendations for further action that
could impact the organization and administration of the
Department to the Congress.