Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?

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.