[House Report 111-93]
[From the U.S. Government Publishing Office]
111th Congress Rept. 111-93
HOUSE OF REPRESENTATIVES
1st Session Part 1
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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
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May 4, 2009.--Ordered to be printed
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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.