H. Rept. 111-93 - 111th Congress (2009-2010)
May 04, 2009, As Reported by the Transportation and Infrastructure Committee

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House Report 111-93 - 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




[House Report 111-93]
[From the U.S. Government Printing Office]


111th Congress                                             Rept. 111-93
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

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


 
  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

                                _______
                                

                  May 4, 2009.--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. 1178]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 1178) 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, having considered 
the same, report favorably thereon with an amendment and 
recommend that the bill as amended do pass.
  The amendment is 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;
          (3) providing assistance in the exercise and training of 
        departmental resources responsible for the intercept of 
        aviation threats to designated restricted areas; and
          (4) carrying out 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 Secretary of 
Homeland Security, the Committees on Homeland Security and 
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 the date of 
receipt of the report under subsection (b), the Secretary of Homeland 
Security shall review and analyze the study and submit to the 
Committees on Homeland Security and 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.

                       PURPOSE OF THE LEGISLATION

    H.R. 1178 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

    The Civil Air Patrol has regularly assisted states since 
its inception at the beginning of World War II. Its service to 
the nation includes emergency response during national 
disasters as well as search and rescue operations. H.R. 1178 
requires 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. The report 
will focus on the cost-effectiveness of using the Civil Air 
Patrol to support a security mission and whether current 
mechanisms and agreements are sufficient or whether new 
agreements between Federal agencies and the Civil Air Patrol 
are necessary to request support.

                       SUMMARY OF THE LEGISLATION

Section 1. Civil Air Patrol Study

    Subsection (a) outlines the details of the study to include 
the Civil Air Patrol's ability to currently assist homeland 
security missions with aerial reconnaissance or communications, 
capabilities for collective response, exercise and training, 
and other items determined appropriate by the Comptroller 
General. Subsection (b) specifies that the report shall be 
completed within 180 days and submitted to the committees of 
jurisdiction in the House of Representatives and the Senate, 
and the Secretary of Homeland Security. The report shall focus 
on an assessment of the feasibility and cost-effectiveness of 
using the Civil Air Patrol to support security missions and 
whether current mechanisms and agreements are sufficient or 
whether new agreements between Federal agencies and the Civil 
Air Patrol are necessary to request Civil Air Patrol support. 
In subsection (c), the Secretary of Homeland Security is 
directed to review and analyze the study, make recommendations 
for further action, and submit a report to the committees of 
jurisdiction in the House of Representatives and the Senate 
within 90 days of the completion of the Comptroller General 
study.

            LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

    On February 25, 2009, Representative Charles W. Dent 
introduced H.R. 1178. On April 2, 2009, the Committee on 
Transportation and Infrastructure met to consider H.R. 1178. 
During consideration of the bill, the Committee adopted a 
perfecting amendment by voice vote. The Committee ordered H.R. 
1178, as amended, reported favorably to the House by voice vote 
with a quorum present.
    In the 110th Congress, this bill was introduced as H.R. 
1333. On May 13, 2008, the Committee on Transportation and 
Infrastructure met to consider H.R. 1333, and 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. On June 18, 
2008, the House passed H.R. 1333 by voice vote.

                              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 recorded 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. 1178 or ordering the resolution reported. A motion to 
order H.R. 1178 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

    1. 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 
advises that the resolution contains no measure that authorizes 
funding, so no comparison of the total estimated funding level 
for the relevant programs to the appropriate levels under 
current law is required.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
Committee advises that the resolution contains no measure that 
authorizes funding, so no statement of general performance 
goals and objectives for any measure that authorizes funding is 
required.

    3. 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 advises that the resolution contains no measure that 
authorizes funding, so no cost estimate nor comparison for any 
measure that authorizes funding is required.

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 16, 2009.
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. 1178, 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,
                                         Robert A. Sunshine
                              (For Douglas W. Elmendorf, Director).
    Enclosure.

H.R. 1178--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. 1178 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 over the 2009-2010 period 
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. 1178 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, and tribal governments.
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was approved by Peter H. Fontaine, 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. 1178, 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

    With respect to clause (3)(d)(1) of rule XIII of the Rules 
of the House of Representatives, H.R. 1178 is a resolution of 
the House of Representatives and therefore does not have the 
force of law. As such, clause 3(d)(1) of rule XIII does not 
apply.

                       FEDERAL MANDATES STATEMENT

    H.R. 1178 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. 1178 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. 1178 makes no changes in existing law.