II
109th CONGRESS
1st Session
S. 1863
IN THE SENATE OF THE UNITED STATES
October 7 (legislative day, October 6), 2005
Mr. Gregg (for himself and Mr. Kennedy) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs
A BILL
To establish the Gulf Coast Recovery and Disaster Preparedness Agency, and for other purposes.
Short title
This Act may be cited as
the Gulf Coast Recovery and Disaster
Preparedness Act of 2005
.
Definitions
In this Act:
Agency
The term agency has the meaning given under section 551(1) of title 5, United States Code.
Authority
The term Authority means the Gulf Coast Revitalization Authority.
Director
The term Director means the Director of Gulf Coast Recovery and Disaster Preparedness.
Gulf Coast Agency
The term Gulf Coast Agency means the Gulf Coast Recovery and Disaster Preparedness Agency.
Gulf Coast recovery and disaster preparedness program
The term Gulf Coast Recovery and Disaster Preparedness Program means all activities described under section 3(b)(3) (B) and (C).
Establishment and functions
Establishment
There is established the Gulf Coast Recovery and Disaster Preparedness Agency. The Gulf Coast Recovery and Disaster Preparedness Agency is an independent establishment as defined under section 104 of title 5, United States Code.
Director
Appointment
In general
The Director of Gulf Coast Recovery and Disaster Preparedness shall be the head of the Gulf Coast Agency. The Director shall be appointed by the President, by and with the advice and consent of the Senate.
Executive schedule level I position
The Director shall be paid at the rate of pay payable for a position at level I of the Executive Schedule under section 5312 of title 5, United States Code.
Direct report to President
The Director shall directly report to the President.
Qualifications
The individual appointed as Director shall be appointed on the basis of—
demonstrated leadership, integrity, and experience; and
demonstrated experience in management of large organizations.
Functions
The Director shall—
be responsible for the efficient and effective use of Federal resources relating to the recovery from Hurricane Katrina and Hurricane Rita;
exercise planning, management, and overall control of all Federal funding, personnel, and assets used by Federal, State, or local government authorities for the purposes of—
rebuilding or responding to the damage or destruction of private or public infrastructure caused by Hurricane Katrina and Hurricane Rita to the United States;
responding, supporting, or otherwise assisting efforts to meet the nutritional, health, educational, housing, transportation, employment, law enforcement, and social service needs of citizens who have been personally displaced or otherwise adversely and directly impacted by Hurricane Katrina and Hurricane Rita;
studying, planning, and preparing public and private responses to future natural disasters in the region;
planning, building, and repairing public infrastructure to prevent or mitigate the impact of future natural disasters in the region, including the levee system surrounding the City of New Orleans, Louisiana;
studying, planning, and implementing environmental remediation and coastal restoration efforts in the region;
studying, planning, and implementing economic redevelopment efforts in areas affected by Hurricane Katrina and Hurricane Rita;
ensuring the efficient and effective use of Federal funds in all activities relating to the recovery from Hurricane Katrina and Hurricane Rita; and
any other recovery, rebuilding, or redevelopment effort relating to the direct impact of Hurricane Katrina and Hurricane Rita; and
expend and obligate funds appropriated to the Gulf Coast Agency for purposes described under subparagraph (B), including specific reconstruction projects.
Budget authorities relating to the Gulf Coast recovery and disaster preparedness program
Budget
With respect to budget requests and appropriations for the Gulf Coast Recovery and Disaster Preparedness Program, the Director shall—
based on priorities set by the President, provide to agencies performing activities of the Program, guidance for developing the Program budget pertaining to such agencies;
develop and determine an annual consolidated Gulf Coast Recovery and Disaster Preparedness Program budget; and
present such consolidated budget, together with any comments from the heads of agencies, to the President for approval.
Appropriations
In general
The Director shall be responsible for managing appropriations for the Gulf Coast Recovery and Disaster Preparedness Program by directing the allotment or allocation of such appropriations through the heads of the agencies performing activities of the Program, with prior notice (including the provision of appropriate supporting information) to the head of the agency receiving any such allocation or allotment.
Allocations
Notwithstanding any other provision of law, pursuant to relevant appropriations Acts for the Gulf Coast Recovery and Disaster Preparedness Program, the Director of the Office of Management and Budget shall exercise the authority of the Director of the Office of Management and Budget to apportion funds, at the exclusive direction of the Director of Gulf Coast Recovery and Disaster Preparedness, for allocation to agencies performing activities of the Gulf Coast Recovery and Disaster Preparedness Program. Department comptrollers or appropriate budget execution officers shall allot, allocate, reprogram, or transfer funds appropriated for the Gulf Coast Recovery and Disaster Preparedness Program in an expeditious manner.
Monitoring implementation
The Director shall monitor the implementation and execution of the Gulf Coast Recovery and Disaster Preparedness Program by the heads of relevant agencies.
Apportionment and allotment
Apportionment and allotment of funds under this paragraph shall be subject to chapter 13 and section 1517 of title 31, United States Code, and the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.).
Officers To assist the director
in general
The Office shall have other officers necessary to assist the Director in carrying out the functions of the Director, including—
overseeing recovery operations and disaster preparedness;
expending and obligating Federal funds appropriated to the Gulf Coast Agency for the Gulf Coast Recovery and Disaster Preparedness Program, including specific reconstruction projects;
ensuring that Federal funds are prudently spent and fully audited; and
investigating waste, fraud, and abuse in the use of Federal funds for the activities of the Gulf Coast Recovery and Disaster Preparedness Program.
Deputy directors
The Director may appoint no more than 5 Deputy Directors who shall be assigned to geographic areas of the Gulf Coast region.
Location of the Office of the Director
The Office of the Director shall be physically located within the region comprising the gulf coast areas of the States of Louisiana and Mississippi. The Director may establish additional office locations as necessary.
Administrative and personnel provisions
Employees
The Director may select, appoint, and employ such officers and employees as may be necessary—
in accordance with the provisions of title 5, United States Code, including section 3101 of that title; and
without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except the pay of any personnel under this paragraph may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title.
Consultants and contracts
The Director may—
obtain services as authorized by section 3109 of title 5, United States Code, at daily rates not to exceed the equivalent rate prescribed for grade GS–15 of the General Schedule by section 5332 of title 5, United States Code; and
to the extent and in such amounts as may be provided in advance by appropriations Acts, to enter into contracts and other arrangements and to make such payments as may be necessary to carry out the provisions of this Act.
Support for workers affected by Hurricane Katrina and Hurricane Rita
Definitions
In this section:
Executive agency
The term executive agency has the meaning given such term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403).
Workers affected by Hurricane Katrina and Hurricane Rita
The term workers affected by Hurricane Katrina and Hurricane Rita means workers who were residing in the area directly impacted by Hurricane Katrina and Hurricane Rita as of the date those hurricanes occurred.
Employment requirement
Contracts
Except as provided in subsection (c), the Director or the head of an executive agency may not enter into a contract to procure disaster recovery services in connection with Hurricane Katrina and Hurricane Rita reconstruction efforts unless such contract requires that workers affected by Hurricane Katrina and Hurricane Rita—
comprise not less than 30 percent of the workforce employed by the contractor to perform such services; and
comprise not less than 30 percent of the workforce employed by each subcontractor at each tier in connection with such contract.
Grants
Except as provided in subsection (c), the head of an executive agency may not award a grant of Federal funds to any recipient, for the purpose of providing disaster recovery services in connection with Hurricane Katrina and Hurricane Rita reconstruction efforts unless the terms of the grant require that such workers affected by Hurricane Katrina and Hurricane Rita—
comprise not less than 30 percent of the workforce employed by that recipient to perform such services; and
comprise not less than 30 percent of the workforce employed by any indirect recipient of such grant funds to perform such services.
Exception for professional services
The requirements under paragraphs (1) and (2) do not apply to the procurement of professional services.
Exemptions for exceptional circumstances
Authority
The Director or the head of an executive agency may enter into a contract or award a grant that would otherwise be prohibited under subsection (b) due to the employment by an employer of a workforce that does not meet the workforce composition requirement under such subsection if the employer qualifies for and receives an exemption under paragraph (2).
Procedures for granting exemptions
In general
Not later than 45 days after the date of the appointment of the Director, the Director shall establish procedures for providing exemptions for employers who despite making reasonable efforts to do so, are unable to comply with the workforce composition requirement under subsection (b) due to an emergency, or due to the lack of available and appropriately qualified workers who have been affected by Hurricane Katrina and Hurricane Rita.
Exemptions before procedures established
During the 45-day period referred to under subparagraph (A), the Director may exempt an employer as the Director determines necessary.
Reports required
In general
In the each report submitted under section 6, the Director shall include a report of the hiring of workers affected by Hurricane Katrina and Hurricane Rita.
Content
Each report submitted under paragraph (1) shall include, with respect to the preceding fiscal quarter, information on—
the total number of workers affected by Hurricane Katrina and Hurricane Rita hired by contractors, subcontractors, or employers that provided disaster recovery services in connection with Hurricane Katrina and Hurricane Rita reconstruction efforts;
the total number of individuals hired by contractors, subcontractors, or employers that provided disaster recovery services in connection with Hurricane Katrina and Hurricane Rita reconstruction efforts; and
whether the Director or head of the executive agency provided any exemptions under subsection (a)(2);
the total number of contractors, subcontractors, and employers provided such exemptions in each State, and the percentage they represent of all contractors, subcontractors, and employers providing services; and
the total number of workers employed under contracts or grants for which an exemption was granted and the percentage of such workers who were workers affected by Hurricane Katrina and Hurricane Rita.
Source of information
For purposes of preparing a report required under paragraph (1), the Director or the head of an executive agency shall require employers providing disaster recovery services in connection with Hurricane Katrina and Hurricane Rita reconstruction efforts to provide to the agency, under penalty of perjury, information relevant to such reports.
Reports to Congress
In general
Every 3 months, for each calendar quarter, the Director shall submit a report to Congress on the progress of the Gulf Coast Recovery and Disaster Preparedness Program, including—
any findings regarding fraud, waste, and abuse of Federal funds, personnel, and assets; and
the status of progress toward the rebuilding of the Gulf Coast region during the 3-month period preceding the date of submission of the report.
First report
The first report under this section shall be submitted for the first full calendar quarter for which a Director has been appointed.
Gulf Coast Revitalization Authority
Establishment
There is established, within the Gulf Coast Agency, the Gulf Coast Revitalization Authority. The Authority shall have responsibility for the development of a comprehensive plan for rebuilding and improving the public infrastructure of the Gulf Coast region affected by Hurricane Katrina and Hurricane Rita.
Purpose
The purpose of the Authority is to develop a plan with substantial local participation to—
rebuild and improve the public infrastructure of the Gulf Coast region affected by Hurricane Katrina and Hurricane Rita;
determine how best to use available Federal resources; and
coordinate State and local government and private sector initiatives with the Federal effort.
Composition of the Authority
The Authority shall consist of 19 members including—
the Director, who shall serve as Chairperson of the Authority;
the Governor of Louisiana;
the Governor of Mississippi;
the Governor of Alabama;
the Governor of Texas;
the Mayor of New Orleans, Louisiana;
3 members appointed by the President;
3 residents of communities within the area affected by Hurricane Katrina and Hurricane Rita appointed by the Governor of Louisiana—
of whom 1 shall be a local elected official;
of whom 1 shall be from a nonprofit organization; and
of whom 1 shall be a leader in the private sector;
3 residents of the communities within the area affected by Hurricane Katrina and Hurricane Rita appointed by the Governor of Mississippi—
of whom 1 shall be a local elected official;
of whom 1 shall be from a nonprofit organization; and
of whom 1 shall be a leader in the private sector;
1 resident of a community within the area affected by Hurricane Katrina and Hurricane Rita appointed by the Governor of Alabama;
1 resident of a community within the area affected by Hurricane Katrina and Hurricane Rita appointed by the Governor of Texas; and
2 residents of New Orleans, Louisiana, appointed by the Mayor of New Orleans, Louisiana.
Representatives
In general
Each member of the Authority described under subsection (c) (2) through (6) may designate a representative to attend any meeting of the Authority in the absence of that member.
Quorum and voting
A representative designated under this subsection—
shall count for purposes of a quorum; and
may vote on any matter of the Authority.
Appointments; vacancies; quorum
Appointments
All members of the Authority shall be appointed within 14 days after the date of enactment of this Act.
Period of appointment; vacancies
Members shall be appointed for the life of the Authority. Any vacancy in the Authority shall not affect its powers, but shall be filled in the same manner as the original appointment.
Quorum
A majority of the members of the Authority shall constitute a quorum, but a lesser number of members may hold hearings.
Personnel matters for Authority members
Compensation of members
In general
Except as provided under subparagraph (B), each member of the Authority described under subsection (c)(7) through (12) shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Authority.
Federal officers and employees
All members of the Authority who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States.
Travel expenses
The members of the Authority described under subsection (c) (7) through (12) shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Authority.
Preparation of a comprehensive plan
Preliminary plan
Not later than 134 days after the date of enactment of this Act, the Authority shall approve a preliminary plan for rebuilding and improving the public infrastructure of the Gulf Coast region.
Comprehensive plan
Not later than 194 days after the date of enactment of this Act, the Authority shall approve a comprehensive plan for rebuilding and improving the public infrastructure of the Gulf Coast region.
Extension
For good cause shown, the Authority by majority vote may extend the time period for adoption of the comprehensive plan by not more than 60 days.
Authority of director before plans
Nothing in this section shall be construed to limit the authority of the Director to approve priority projects and initiate programs which the Director determines are needed before the adoption of the preliminary and comprehensive plans.
Approval of plans
Adoption of the plans shall require approval of a majority of the members of the Authority and approval by the Director. After each of the plans has been adopted, individual projects authorized by the Gulf Coast Agency shall be consistent with that plan.
Governors approval
Nothing in this section shall affect the authority of a Governor to approve individual projects within the State of that Governor to the extent that the approval of the Governor is required by law.
Implementation modifications
In general
After the adoption of the comprehensive plan, the Authority—
shall monitor implementation;
develop more detailed advisory proposals consistent with the comprehensive plan; and
consider and adopt such modifications to the comprehensive plan as may become necessary and appropriate.
Modifications
Modifications to the comprehensive plan shall be adopted in the same manner as the plan.
Considerations
In developing the plan, the Authority shall consider—
the impact of public infrastructure on minimizing the impact of future hurricanes;
the impact of public infrastructure on—
improving the opportunities for economic development in the region; and
enhancing public services available to residents;
the preservation of the unique historical and cultural character of communities, maintaining traditional styles of architecture, neighborhood design, and community facilities wherever possible; and
procedures to ensure that rebuilding and redevelopment is carried out in an efficient and cost-effective manner, including efforts to promote the involvement of the private sector and nonprofit organizations.
Opportunity for public comment
The Authority shall conduct public hearings in each of the affected States and shall endeavor to provide substantial opportunity for public input, including opportunity for public comment on the preliminary plan before the comprehensive plan is adopted.
Authority personnel
In general
To develop the comprehensive plan the Authority shall select and supervise consultants and employees as provided under paragraphs (2) and (3) who shall include planners, architects, engineers, and experts on information technology, the environment, and economic development.
Procurement of temporary and intermittent services
After consultation with the Authority, the Director shall procure temporary and intermittent services under section 3109(b) of title 5, United States Code, of the individuals selected by the Authority under paragraph (1) of this subsection. The rate of pay for any such individual may not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of title 5, United States Code.
Employees
After consultation with the Authority, the Director shall employ individuals selected by the Authority under paragraph (1).
Assistance
To the extent practicable, the consultants and employees under this subsection shall provide local officials with technical assistance and consultation on local efforts.
Detailees
Any Federal employee may be detailed to the Authority with reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. Federal agencies shall provide detailees to the Authority at the request of the Authority to the extent feasible.
Use of Federal agency expertise
The Authority shall consult with the heads of agencies, and other Federal officials as necessary in the preparation of the comprehensive plan, and the heads of those agencies shall consult with the Authority as requested. Federal agencies shall provide expertise to the Authority to the extent feasible.
Areas addressed by comprehensive plan
The comprehensive plan shall address the following areas of redevelopment:
Water Management:
Design improvements and placement of water control facilities (including drainage channels, pumping facilities, levees and barriers).
Design improvements and repair of water treatment and delivery systems and sewage collection and treatment facilities.
Environmental Restoration:
A long-term coastal restoration plan, including the restoration of coastal wetlands and barrier islands that are natural flood control systems to prevent erosion and flood damages.
Land and water resource conservation.
Transportation:
Priorities and criteria for demolishing and rebuilding damaged bridges, roads and highways.
Identification of appropriate placement of bridges, roads, and highways that takes into consideration daily traffic flow as well as future evacuation requirements and susceptibility to hurricane damage.
Adequate public transportation facilities connected to regional transportation networks that takes into consideration daily transportation needs of residents and evacuation requirements for residents without personal vehicles.
Airport reconstruction including runway layouts, and connections to public transit, roads and highways.
Priorities and criteria for rebuilding freight rail and freight terminals.
Ports:
Design standards for rebuilding port facilities.
A plan for working with private entities to rebuild port facilities including berths, storage facilities, navigation channels, and docks.
Identification of the need for improved security technologies available for port security screening.
Housing:
Criteria for demolition of damaged housing, restoration of housing where advisable, and development of newly built housing.
Design improvement standards for housing that can minimize damage from a future hurricane.
A plan for working with private entities and nonprofit organizations to facilitate rebuilding an adequate supply of housing that is affordable to residents of all incomes displaced by Hurricane Katrina and Hurricane Rita.
Schools:
Priorities and criteria for rebuilding schools where advisable and construction of replacement schools where necessary.
Design improvement standards for schools that need to be rebuilt that include, where advisable and cost effective, state of the art information technology infrastructure.
Hospitals and Other Public Health Care Facilities:
Design improvement standards for hospitals that will be rebuilt that includes state of the art information technology infrastructure.
Design standards for health care facilities to withstand and continue operation during a future hurricane.
Utility Infrastructure: A plan for working with private entities that serve the public to ensure utility coverage of redeveloped areas with telecommunication services, including broadband access, and energy and electricity generation and distribution.
Employment and Training:
A plan for the training of residents of the affected communities in job skills that will be required in the region.
Priority for jobs for residents of the affected communities created by reconstruction programs funded by the Gulf Coast Agency to the extent practicable.
Other Public Facilities:
A plan for the rebuilding of public buildings and facilities, and for buildings and facilities of nonprofit organizations that serve a public function open to all residents within communities.
A plan for the rebuilding of museums and other facilities operated by nonprofit organizations that are used to preserve and promote the historic, cultural, musical and artistic traditions of the affected areas.
Expediting the rebuilding process
The Authority shall—
consider whether it is necessary to waive or modify any Federal, State, or local law relating to the environment, land use, or the permitting of construction projects in order to expedite reconstruction within the Gulf Coast region; and
make appropriate recommendations in the comprehensive plan relating to the waiver or modification of such laws.
Planning principles
In developing and implementing the comprehensive plan, the Authority and the Gulf Coast Agency shall take into consideration the following planning principles:
Provide substantial opportunities for area residents to participate in the planning process.
All public structures should be designed to withstand a category 5 hurricane.
Preserve the unique historical, cultural, and architectural character of communities to the maximum extent possible.
Infrastructure should be developed to minimize the impact of future hurricanes.
Infrastructure should be developed to improve economic opportunity for the region and its residents.
Transportation infrastructure should be designed and built with future evacuation needs in mind.
Establish systems to maintain infrastructure over time and accommodate growth in the region.
Promote access to housing, transportation, jobs and schools to residents of all incomes that accommodates economic and social integration.
Promote energy efficient design.
Promote transit oriented development in metropolitan areas.
Promote innovations in public-private partnerships.
Promote efficient and cost-effective rebuilding efforts.
Promote involvement of the private sector and nonprofit organizations to broaden participation and help control costs to the Federal Government.
Collaboration with local government, nonprofit organizations, and private entities
In general
Throughout the process of developing a comprehensive plan, the Authority and the planning staff of the Authority shall work with local government officials, nonprofit organizations and private entities with a stake in the redevelopment of the region.
Individuals and entities
Individuals and entities shall include—
State and local government officials;
community based nonprofit organizations;
chambers of commerce and business community leaders;
school superintendents, parent and teacher associations;
environmental groups;
real estate and construction industries, both nonprofit organizations and for-profit entities;
social service providers;
emergency relief and disaster planning nonprofit organizations;
labor organizations;
utility companies;
hospital administrators and practitioners; and
insurance companies.
Nonapplicability of certain provisions
The Authority shall not be construed to be an agency for purposes of chapter 5 of title 5, United States Code, and such chapter shall not be construed to apply to the Gulf Coast Agency with respect to the Authority. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Authority.
Authorization of appropriations
There are authorized to be appropriated such sums as necessary to carry out this Act.
Termination of office
In general
The Office and position of Director shall terminate 3 years after the date of enactment of this Act.
Extension of termination
In general
The President may extend the date of termination under subsection (a) in accordance with this subsection.
Conditions of extension
Any extension of termination under this subsection—
shall not be effective for any period occurring 6 years after the date of enactment of this Act;
may not apply retroactively if the Office and the position of Director have already terminated under this section;
shall not be effective unless 6 months before the date on which a termination would occur the President submits a notice to Congress of a determination to extend the termination and setting forth the length of the extension; and
subject to subparagraph (A), may be made only for a 1-year period, 2-year period, or 3-year period.