S 2445 PCSCommentsClose CommentsPermalink

To provide for the flexibility of certain disaster relief funds, and for improved evacuation and sheltering during disasters and catastrophes.CommentsClose CommentsPermalink

December 11, 2007

Mr. LIEBERMAN, from the Committee on Homeland Security and Governmental Affairs, reported the following original bill; which was read twice and placed on the calendarCommentsClose CommentsPermalink

To provide for the flexibility of certain disaster relief funds, and for improved evacuation and sheltering during disasters and catastrophes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Streamlining Mitigation Actions and Recovery Tools and Regional Evacuation and Sheltering Planning of Overarching Networks for Severe Emergencies Act' or the `SMART RESPONSE Act'.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act--CommentsClose CommentsPermalink





(1) the term `Administrator' means the Administrator of the Federal Emergency Management Agency; andCommentsClose CommentsPermalink





(2) the terms `emergency' and `major disaster' have the meanings given those terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).CommentsClose CommentsPermalink

SEC. 3. FLEXIBILITY OF FEDERAL FUNDS FOR ROAD HOME PROGRAM.

(a) Prohibition of Restriction on Use of Amounts-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to paragraph (2), the Administrator may not prohibit or restrict the use, by the State of Louisiana under the Road Home Program of such State, of any amounts specified in paragraph (3) based upon--CommentsClose CommentsPermalink





(A) the existence or extent of any requirement or condition under such program that--CommentsClose CommentsPermalink





(i) limits or reduces the amount made available to an eligible homeowner who does not agree to remain an owner and occupant of a home in Louisiana; orCommentsClose CommentsPermalink





(ii) waives the applicability of any limitation or reduction referred to in clause (i) for homeowners who are elderly or senior citizens; orCommentsClose CommentsPermalink





(B) the fact that the applicant for assistance under such program commenced construction on a structure otherwise eligible for hazard mitigation grant program assistance under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) without approval in writing from the Administrator.CommentsClose CommentsPermalink





(2) SAVINGS PROVISION- Except as provided in paragraph (1), all other provisions of section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) shall apply to amounts specified in paragraph (3) that are used by the State of Louisiana under the Road Home Program of such State.CommentsClose CommentsPermalink





(3) COVERED AMOUNTS- The amounts specified in this paragraph are $1,170,000,000 designated for the State of Louisiana under the hazard mitigation grant program of the Federal Emergency Management Agency for damage caused by Hurricane Katrina or Hurricane Rita.CommentsClose CommentsPermalink





(4) EXPEDITED TRANSFER OF FUNDS-CommentsClose CommentsPermalink





(A) IN GENERAL- The Administrator shall, as soon as is practicable, transfer the amounts specified in paragraph (3) to the State of Louisiana.CommentsClose CommentsPermalink





(B) PROCEDURES- The Administrator shall, to the extent practicable, identify and implement mechanisms to be applied to all amounts specified in paragraph (3) made available to the State of Louisiana as a result of Hurricane Katrina or Hurricane Rita under the hazard mitigation grant program under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) that will simplify the requirements of such program and ensure the expedited distribution of such funds under the program, including--CommentsClose CommentsPermalink





(i) creating a programmatic cost-benefit analysis to provide a means of conducting cost-benefit analysis by similar project type, similar geographic factors, and other similarities making group cost-benefit analysis more feasible and constructive rather than on a structure-by-structure basis; andCommentsClose CommentsPermalink





(ii) developing a streamlined environmental review process to speed the approval of project applications.CommentsClose CommentsPermalink





(5) WAIVER-CommentsClose CommentsPermalink





(A) IN GENERAL- Except as provided in subparagraph (B), in using amounts described in paragraph (3), the President shall waive any requirements of section 206.434(c)(5) of title 44, Code of Federal Regulations, that the President determines are inconsistent with paragraph (4)(B) of this subsection and the requirements of section 206.438(d) of title 44, Code of Federal Regulations, or specify alternative requirements, upon request by the State of Louisiana that such waiver is required to facilitate the timely use of funds or a guarantee provided under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c).CommentsClose CommentsPermalink





(B) EXCEPTION- The President may not waive any requirement relating to fair housing, nondiscrimination, labor standards, or the environment under subparagraph (A).CommentsClose CommentsPermalink





(C) APPROVED PROJECTS- Notwithstanding any waiver of section 206.438(d) of title 44, Code of Federal Regulations, under this paragraph, an individual grant recipient may receive funds from amounts described in paragraph (3) before performance of the project for which that individual is seeking a grant if, before such funds are made available to that individual--CommentsClose CommentsPermalink





(i) the Administrator approves the project for which that individual is seeking a grant;CommentsClose CommentsPermalink





(ii) the State grant recipient certifies to the Administrator that the grant award shall be used in the performance of the project approved under clause (i); andCommentsClose CommentsPermalink





(iii) that individual grant recipient certifies to the State grant recipient that the grant award shall be used in the performance of the project approved under clause (i).CommentsClose CommentsPermalink





(D) CERTIFICATIONS-CommentsClose CommentsPermalink





(i) IN GENERAL- After the expenditure of all funds under a grant described in subparagraph (C), the individual grant recipient shall submit a certification to the State grant recipient regarding whether the funds were used in the performance of the applicable project approved under subparagraph (C)(i).CommentsClose CommentsPermalink





(ii) TO THE ADMINISTRATOR- Upon receipt of a certification under clause (i), the State shall submit a certification to the Administrator regarding whether the funds were used in the performance of the applicable project approved under subparagraph (C)(i).CommentsClose CommentsPermalink





(E) AUDITING- The Administrator may design and implement audit procedures and requirements as necessary and appropriate to carry out this paragraph.CommentsClose CommentsPermalink





(b) Reporting Requirement- The Administrator shall provide annual reports to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on--CommentsClose CommentsPermalink





(1) specific mechanisms that are being utilized to expedite funding distribution under this section; andCommentsClose CommentsPermalink





(2) how such mechanisms are performing.CommentsClose CommentsPermalink

SEC. 4. EVACUATION AND SHELTERING.

(a) Regional Evacuation and Sheltering Plans-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 360 days after the date of enactment of this Act, the Administrator, in coordination with the heads of appropriate Federal agencies with responsibilities under the National Response Plan or any successor plan, States, local governments, and appropriate nongovernmental organizations, shall develop and submit to Congress, regional evacuation and sheltering plans that--CommentsClose CommentsPermalink





(A) address national interstate major disasters or emergencies;CommentsClose CommentsPermalink





(B) incorporate all appropriate modes of transportation, including interstate rail, commercial rail, commercial air, military transportation, and commercial bus;CommentsClose CommentsPermalink





(C) clearly define the roles and responsibilities of Federal, State, and local governments in the evacuation plan; andCommentsClose CommentsPermalink





(D) identify regional and national shelters capable of housing evacuees and victims of an emergency or major disaster in any part of the United States.CommentsClose CommentsPermalink





(2) IMPLEMENTATION- After developing the plans described in paragraph (1), the Administrator and the head of any Federal agency with responsibilities under those plans shall take necessary measures to be able to implement those plans, including conducting exercises under such plans as appropriate.CommentsClose CommentsPermalink





(b) National Sheltering Database- The Administrator, in coordination with States, local governments, and appropriate nongovernmental entities, shall develop a national database inventorying available shelters, that can be shared with States and local governments.CommentsClose CommentsPermalink





(c) Protection Strategy-CommentsClose CommentsPermalink





(1) IN GENERAL- As soon as is practicable, the Administrator, in consultation with the heads of appropriate Federal agencies with responsibilities under the National Response Plan or any successor plan, shall conduct an analysis comparing the costs, benefits, and health and safety concerns of evacuating individuals with special needs during an emergency or major disaster, as compared to the costs, benefits, and health and safety concerns of sheltering such people in the area they are located when that emergency or major disaster occurs.CommentsClose CommentsPermalink





(2) CONSIDERATIONS- In conducting the analysis under paragraph (1), the Administrator shall consider--CommentsClose CommentsPermalink





(A) areas with populations of not less than 20,000 individual needing medical assistance or lacking the ability to self evacuate;CommentsClose CommentsPermalink





(B) areas that do not have an all hazards resistance shelter; andCommentsClose CommentsPermalink





(C) the health and safety of individuals with special needs.CommentsClose CommentsPermalink





(3) TECHNICAL ASSISTANCE- The Administrator shall, as appropriate, provide technical assistance to States and local governments in developing and exercising evacuation and sheltering plans, which identify and use regional shelters, manpower, logistics, physical facilities, and modes of transportation to be used to evacuate and shelter large groups of people.CommentsClose CommentsPermalink





(d) Evacuation Traffic Information System-CommentsClose CommentsPermalink





(1) IN GENERAL- The Administrator, in coordination with the heads of appropriate Federal agencies with responsibilities under the National Response Plan or any successor plan, shall obtain and share information with State, local, regional, and tribal governments on evacuation statistics and monitoring from the Evacuation Traffic Information System of the Department of Transportation and other transportation data for planning purposes.CommentsClose CommentsPermalink





(2) REPORT-CommentsClose CommentsPermalink





(A) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report assessing the need to update the Evacuation Traffic Information System to adequately address the needs of State, local, regional, and tribal governments, which shall include recommendations, if any.CommentsClose CommentsPermalink





(B) CONSULTATION- In preparing the report submitted under subparagraph (A), the Comptroller General shall seek input from appropriate Federal, State, local, regional, and tribal government officials.CommentsClose CommentsPermalink

Calendar No. 531CommentsClose CommentsPermalink

To provide for the flexibility of certain disaster relief funds, and for improved evacuation and sheltering during disasters and catastrophes.CommentsClose CommentsPermalink

December 11, 2007