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110th Congress                                            Rept. 110-691
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 2

======================================================================



 
                         CIVIL AIR PATROL STUDY

                                _______
                                

 June 12, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Oberstar, from the Committee on Transportation and Infrastructure, 
                        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 Transportation and Infrastructure, 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.

  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 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 and the Committee on Transportation and 
Infrastructure 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 and the Committee on Transportation and Infrastructure 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 to conduct a 
study on the use of Civil Air Patrol personnel and resources to 
support homeland security missions, and for other purposes.

                       PURPOSE OF THE LEGISLATION

    H.R. 1333, as amended, directs the Comptroller General to 
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.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 1333, as introduced, directs the Secretary of Homeland 
Security to negotiate an agreement with the Secretary of 
Defense to provide Civil Air Patrol assistance in supporting 
homeland security activities. This assistance includes 
providing aerial reconnaissance and communications support to 
border patrol activities as well as support following a 
terrorist act or natural disaster. The Civil Air Patrol's 
capabilities will also be incorporated into national security 
planning activities.
    During Committee on Transportation and Infrastructure 
consideration of the bill, the Committee adopted an amendment 
in the nature of a substitute to H.R. 1333. H.R. 1333, as 
amended, directs the Comptroller General to conduct a study of 
the Civil Air Patrol and its ability to support a national 
security mission. The report is due within 180 days of the date 
of enactment. The report will focus on the ways in which the 
Civil Air Patrol is currently employed, the cost effectiveness 
of using the Civil Air Patrol to support a security mission, 
and what new mechanisms and agreements would be required to 
employ the Civil Air Patrol in supporting security-related 
activities.

                       SUMMARY OF THE LEGISLATION

Section 1. Civil Air Patrol study

            Subsection (a) Study
    This section directs the Comptroller General to 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.
    This section further directs that the study review the 
process by which these services can be provided. Specific Civil 
Air Patrol capabilities identified in this section for possible 
application to a broader mission include aerial reconnaissance 
and communications. Potential areas of employment for these 
capabilities include border security, and support in the event 
of an act of terrorism, natural disaster, or other event.
            Subsection (b) Report
    The Comptroller General's report will address the 
feasibility and cost effectiveness of using Civil Air Patrol 
assets for the purposes discussed in subsection (a). The report 
is to be submitted to the Committee on Homeland Security and 
the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate. In addition to the report 
requirements identified in subsection (b), the Comptroller 
General is also directed to include a cost-benefit analysis of 
using Civil Air Patrol assets for these purposes and a review 
of whether current mechanisms for Federal agencies and States 
to request support from the Civil Air Patrol are sufficient or 
whether new agreements are needed.
            Subsection (c) Report to Congress
    Within 90 days after the Comptroller General completes the 
study under this section, the Secretary of Homeland Security, 
after reviewing the findings, will submit a report to the 
Committee on Homeland Security and the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Homeland Security and 
Governmental Affairs Committee of the Senate outlining the 
Secretary's recommendations for further action.

            LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

    On March 6, 2007, Representative Charles W. Dent introduced 
H.R. 1333. This bill has not been introduced in a previous 
Congress. The bill was referred to the Committee on Homeland 
Security, and also referred to the Committee on Transportation 
and Infrastructure.
    On May 15, 2008, the Committee on Transportation and 
Infrastructure met to consider H.R. 1333. The Committee adopted 
an amendment in the nature of a substitute to the bill by voice 
vote, and ordered H.R. 1333, as amended, reported favorably to 
the House by voice vote with a quorum present.

                              RECORD VOTES

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each record vote on a motion to 
report and on any amendment offered to the measure or matter, 
and the names of those members voting for and against. There 
were no recorded votes taken in connection with considering 
H.R. 1333 or ordering it reported. A motion to order H.R. 1333, 
as amended, reported favorably to the House was agreed to by 
voice vote with a quorum present.

                      COMMITTEE OVERSIGHT FINDINGS

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          COST OF LEGISLATION

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    With respect to the requirement of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives, and 308(a) 
of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included in the report.
    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goals and objective of this legislation are to 
complete a study of the feasibility of using the Civil Air 
Patrol to conduct national security related missions.
    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
402 of the Congressional Budget Act of 1974, the Committee has 
received the enclosed cost estimate for H.R. 1333 from the 
Director of the Congressional Budget Office:
                                 U.S. Congress,    
                           Congressional Budget Office,    
                                      Washington, DC, June 2, 2008.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
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 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,
                                         Robert A. Sunshine
                                   (For Peter R. Orszag, Director).
    Enclosure.

H.R. 1333--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

    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.
    The CBO staff contact for this estimate is Mark Grabowicz. 
This estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                     COMPLIANCE WITH HOUSE RULE XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, H.R. 1333 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI 
of the Rules of the House of Representatives.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, committee reports on a bill or joint 
resolution of a public character shall include a statement 
citing the specific powers granted to the Congress in the 
Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       FEDERAL MANDATES STATEMENT

    H.R. 1333 contains no Federal mandates.

                        PREEMPTION CLARIFICATION

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 1333 does not 
preempt any state, local, or tribal law.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                APPLICABILITY TO THE 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 (Public Law 
104-1).

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H.R. 1333, as amended, makes no change to existing law.