[House Report 111-346]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-346

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



 
REDUNDANCY ELIMINATION AND ENHANCED PERFORMANCE FOR PREPAREDNESS GRANTS 
                                  ACT

                                _______
                                

December 1, 2009.--Committed to the Committee of the Whole House on the 
              State of the Union and 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. 3980]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 3980) to provide for identifying and eliminating 
redundant reporting requirements and developing meaningful 
performance metrics for homeland security preparedness grants, 
and for other purposes, having considered the same, report 
favorably thereon without amendment and recommend that the bill 
do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority, Entitlement Authority, and Tax Expenditures     3
Congressional Budget Office Estimate.............................     3
Statement of General Performance Goals and Objectives............     4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     4
Federal Mandates Statement.......................................     4
Advisory Committee Statement.....................................     4
Constitutional Authority Statement...............................     5
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............     6
Committee Correspondence.........................................     8

                          Purpose and Summary

    The purpose of H.R. 3980 is to provide for identifying and 
eliminating redundant reporting requirements and developing 
meaningful performance metrics for homeland security 
preparedness grants, and for other purposes.

                  Background and Need for Legislation

    The Post-Katrina Emergency Management Reform Act of 2006 
(PKEMRA, P.L. 109-295), and the Implementing Recommendations of 
the 9/11 Commission Act of 2007 (9/11 Act, P.L. 110-53) require 
the Federal Emergency Management Agency (FEMA) to develop 
performance metrics for its homeland security grant programs. 
These performance metrics are used by FEMA to identify national 
preparedness levels and gaps, and assess the capabilities built 
and sustained at the State and local levels with federal 
homeland security funds. Since FEMA is still unable to 
determine the Nation's overall preparedness or how homeland 
security grants have built the necessary capabilities to 
prepare for, protect against, and respond to an act of 
terrorism, H.R. 3980 is needed to make these determinations.

                                Hearings

    No hearings were held on H.R. 3980, however, the Committee 
held oversight hearings.
    On October 27, 2009, the Subcommittee on Emergency 
Communications, Preparedness, and Response held a hearing 
entitled ``Preparedness: What has $29 billion in homeland 
security grants bought and how do we know?'' The Subcommittee 
received testimony from Hon. Timothy Manning, Deputy 
Administrator, Federal Emergency Management Agency, Department 
of Homeland Security; Ms. Kathy Crandall, Director, Office of 
Homeland Security & Justice Programs, Franklin County, Ohio; 
and Mr. David Maxwell, Director, Arkansas Department of 
Emergency Management.
    The hearing revealed that FEMA's efforts to implement the 
PKEMRA and 9/11 Act performance metrics-related requirements 
remain fragmented and poorly integrated. As a result, Mr. 
Cuellar introduced H.R. 3980 on November 2, 2009.

                        Committee Consideration

    The Subcommittee on Emergency Communications, Preparedness, 
and Response considered H.R. 3980 on November 3, 2009, and 
forwarded the measure to the Full Committee for consideration 
with a favorable recommendation, by voice vote.
    H.R. 3980, to provide for identifying and eliminating 
redundant reporting requirements and developing meaningful 
performance metrics for homeland security preparedness grants, 
and for other purposes, was ordered to be reported to the House 
with a favorable recommendation by voice vote.
    The Committee adopted the measure, without amendment, by 
unanimous consent.
    The Committee met on November 17, 2009, to consider H.R. 
3980, and ordered the measure to be reported to the House with 
a favorable recommendation, amended, by voice vote. The 
Committee took the following actions:
    The Committee adopted the measure, without amendment, by 
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.
    No recorded votes were requested during consideration of 
H.R. 3980.

                      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. 
3980, the Identifying Redundancies and Developing Performance 
Metrics Act, 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.

                                                 November 19, 2009.
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. 3980, the 
Redundancy Elimination and Enhanced Performance for 
Preparedness Grants Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Daniel 
Hoople.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 3980--Redundancy Elimination and Enhanced Performance for 
        Preparedness Grants Act

    CBO estimates that implementing H.R. 3980 would have no 
significant cost over the next five years. Enacting this 
legislation would not affect direct spending or revenues.
    H.R. 3980 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 bill would direct the Federal Emergency Management 
Agency (FEMA) to develop plans to eliminate redundant rules, 
regulations, and requirements related to reporting by grant 
recipients of the State Homeland Security Grant Program, the 
Urban Area Security Initiative funding, and other programs 
identified by the agency. FEMA also would be required to submit 
plans for developing and improving performance metrics and a 
general assessment of the goals and performance of these 
programs. Reports would be submitted to the Congress no later 
than 120 days after enactment and every two years thereafter.
    Based on the costs of similar administrative requirements, 
CBO estimates that implementing H.R. 3980 would have a 
negligible impact on federal spending; any additional spending 
would be subject to the availability of appropriated funds.
    The CBO staff contact for this estimate is Daniel Hoople. 
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. 3980 contains the following 
general performance goals, and objectives, including outcome 
related goals and objectives authorized.
    H.R. 3980 would direct FEMA to work with State and local 
stakeholders to identify and eliminate redundant grant 
reporting requirements. FEMA will also develop a strategy, with 
timelines, for establishing performance metrics for its 
homeland security grants. FEMA is also directed to complete a 
program assessment of its homeland security grants in order to 
improve the agency's performance, productivity, and 
accountability to the taxpayers. The plan required by H.R. 3980 
must be submitted to the appropriate committees of Congress as 
defined in Title XX of the Homeland Security Act of 2002 (6 
U.S.C. 601). The plan must be submitted within 120 days 
following the enactment of the bill. FEMA is also required to 
submit biannual updates in order for Congress to maintain 
proper oversight.

   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(e), 9(f), or 9(g) 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. Short title

    This section states that this act may be cited as ``The 
Redundancy Elimination and Enhanced Performance for 
Preparedness Grants Act''.

Section 2. Identification of Reporting Redundancies and Development of 
        Performance Metrics for Homeland Security Preparedness Grant 
        Programs

    This section amends Title XX of the Homeland Security Act 
of 2002 (6 U.S.C. 601 et seq.) by adding a new section 2034, 
Identification of Reporting Redundancies and Development of 
Performance Metrics.
    The section requires that the Federal Emergency Management 
Agency (FEMA) Administrator submit a report to Congress on a 
plan for the State Homeland Security Grant Program and the 
Urban Areas Security Initiative. The report must be submitted 
to Congress not later than 120 days after the date of enactment 
of the Act and by October 1 every two years thereafter. The 
report must include the following: Identify redundant reporting 
requirements, rules and regulations for grant recipients and a 
plan for eliminating such redundancies; a plan for developing 
and improving the performance metrics required under Section 
2022 (a) (4) of the Homeland Security Act of 2002; a detailed 
assessment of each grant program, that must be developed in 
coordination with State, local, tribal and territorial 
governments. The assessment must contain: the program's 
purpose, objectives and performance goals; an assessment of the 
quality of the program's performance metrics; a summary of the 
program's strengths and weaknesses and how they contribute to 
the programs' successes and failures; a description of any 
current trends, developments and emerging conditions that may 
warrant a change of mission for the program; an identification 
of best practices in the program that resulted in positive 
outcomes; recommendations for program modification that will 
improve the program; a summary of key results of the program 
assessment; and an assessment of the quality of customer-
service given to recipients of the program.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) * * *
  (b) Table of Contents.--The table of contents for this Act is 
as follows:
     * * * * * * *

                   TITLE XX--HOMELAND SECURITY GRANTS

     * * * * * * *

                    Subtitle B--Grants Administration

     * * * * * * *
Sec. 2023. Identification of reporting redundancies and development of 
          performance metrics.

           *       *       *       *       *       *       *


TITLE XX--HOMELAND SECURITY GRANTS

           *       *       *       *       *       *       *


Subtitle B--Grants Administration

           *       *       *       *       *       *       *


SEC. 2023. IDENTIFICATION OF REPORTING REDUNDANCIES AND DEVELOPMENT OF 
                    PERFORMANCE METRICS.

  (a) In General.--The Administrator shall, for grants under 
sections 2003 and 2004 and any other grants specified by the 
Administrator, submit a report to the congressional homeland 
security committees by not later than 120 days after the date 
of the enactment of the Redundancy Elimination and Enhanced 
Performance for Preparedness Grants Act, and by October 1st 
every 2 years thereafter, that--
          (1) identifies redundant rules, regulations, and 
        requirements for reporting by recipients of such 
        grants, and includes a plan for eliminating such 
        identified redundancies and requirements;
          (2) includes a plan for developing and improving the 
        performance metrics required under section 2022(a)(4) 
        for such grants; and
          (3) includes an assessment of each program under 
        which such grants are awarded.
  (b) Plan Requirements.--Each plan under subsection (a)--
          (1) shall be developed in coordination with State, 
        local, tribal, and territorial governments; and
          (2) shall include a proposed timeline for actions to 
        implement the plan.
  (c) Program Assessment Requirements.--Each program assessment 
under subsection (a)(3) shall include--
          (1) a brief summary of the program purposes, 
        objectives, and performance goals, and of the key 
        findings of the assessment;
          (2) an assessment of the quality of the program's 
        performance metrics, and the extent to which necessary 
        performance data are collected;
          (3) a summary of how the program's strengths and 
        weaknesses are impeding or contributing to its failures 
        or successes, including reasons for any substantial 
        variation from the targeted level of performance of the 
        program;
          (4) a description of the extent to which any trends, 
        developments, or emerging conditions affect the need to 
        change the mission of the program or the way that the 
        program is being carried out;
          (5) an identification of the best practices used in 
        the program for allocating resources in an efficient 
        and effective manner that resulted in positive outcomes 
        and the key reasons why such practices resulted in 
        positive outcomes;
          (6) recommendations for program modifications to 
        improve the results that the program achieves;
          (7) a summary of key results of the program 
        assessment that support maximizing the amount of funds 
        appropriated for the program; and
          (8) an assessment of the quality of customer service 
        offered to recipients of funds under the program and a 
        strategy for improving such service.
  (d) Congressional Homeland Security Committees Defined.--In 
this section the term ``congressional homeland security 
committees'' means the Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate.



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