1.This Act may be cited as
the Gulf Coast Recovery and Disaster
Preparedness Act of 2005
.
2.In this Act:
(1)The
term agency has the meaning given under section 551(1) of title 5,
United States Code.
(2)The
term Authority means the Gulf Coast Revitalization
Authority.
(3)The
term Director means the Director of Gulf Coast Recovery and
Disaster Preparedness.
(4)The term Gulf Coast Agency means the Gulf
Coast Recovery and Disaster Preparedness Agency.
(5)Gulf Coast
recovery and disaster preparedness programThe term Gulf
Coast Recovery and Disaster Preparedness Program means all activities
described under section 3(b)(3) (B) and (C).
3.Establishment
and functions
(a)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.
(b)
(1)
(A)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.
(B)Executive
schedule level I positionThe 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.
(C)Direct report
to PresidentThe Director shall directly report to the
President.
(2)The
individual appointed as Director shall be appointed on the basis of—
(A)demonstrated
leadership, integrity, and experience; and
(B)demonstrated
experience in management of large organizations.
(3)The
Director shall—
(A)be responsible
for the efficient and effective use of Federal resources relating to the
recovery from Hurricane Katrina and Hurricane Rita;
(B)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—
(i)rebuilding or
responding to the damage or destruction of private or public infrastructure
caused by Hurricane Katrina and Hurricane Rita to the United States;
(ii)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;
(iii)studying,
planning, and preparing public and private responses to future natural
disasters in the region;
(iv)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;
(v)studying,
planning, and implementing environmental remediation and coastal restoration
efforts in the region;
(vi)studying,
planning, and implementing economic redevelopment efforts in areas affected by
Hurricane Katrina and Hurricane Rita;
(vii)ensuring the
efficient and effective use of Federal funds in all activities relating to the
recovery from Hurricane Katrina and Hurricane Rita; and
(viii)any other
recovery, rebuilding, or redevelopment effort relating to the direct impact of
Hurricane Katrina and Hurricane Rita; and
(C)expend and
obligate funds appropriated to the Gulf Coast Agency for purposes described
under subparagraph (B), including specific reconstruction projects.
(4)Budget
authorities relating to the Gulf Coast recovery and disaster preparedness
program
(A)With
respect to budget requests and appropriations for the Gulf Coast Recovery and
Disaster Preparedness Program, the Director shall—
(i)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;
(ii)develop and
determine an annual consolidated Gulf Coast Recovery and Disaster Preparedness
Program budget; and
(iii)present such
consolidated budget, together with any comments from the heads of agencies, to
the President for approval.
(B)
(i)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.
(ii)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.
(iii)Monitoring
implementationThe Director shall monitor the implementation and
execution of the Gulf Coast Recovery and Disaster Preparedness Program by the
heads of relevant agencies.
(iv)Apportionment
and allotmentApportionment 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.).
(c)Officers To
assist the director
(1)The Office shall have other officers necessary to assist
the Director in carrying out the functions of the Director, including—
(A)overseeing
recovery operations and disaster preparedness;
(B)expending and
obligating Federal funds appropriated to the Gulf Coast Agency for the Gulf
Coast Recovery and Disaster Preparedness Program, including specific
reconstruction projects;
(C)ensuring that
Federal funds are prudently spent and fully audited; and
(D)investigating
waste, fraud, and abuse in the use of Federal funds for the activities of the
Gulf Coast Recovery and Disaster Preparedness Program.
(2)The Director may appoint no more than 5 Deputy
Directors who shall be assigned to geographic areas of the Gulf Coast
region.
(d)Location of the
Office of the DirectorThe 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.
4.Administrative
and personnel provisions
(a)The Director may select, appoint, and
employ such officers and employees as may be necessary—
(1)in accordance with the provisions of title
5, United States Code, including section 3101 of that title; and
(2)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.
(b)Consultants and
contractsThe Director may—
(1)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
(2)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.
5.Support for workers affected by Hurricane Katrina
and Hurricane Rita
(a)In
this section:
(1)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).
(2)Workers
affected by Hurricane Katrina and Hurricane RitaThe 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.
(b)
(1)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—
(A)comprise not less
than 30 percent of the workforce employed by the contractor to perform such
services; and
(B)comprise not less
than 30 percent of the workforce employed by each subcontractor at each tier in
connection with such contract.
(2)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—
(A)comprise not less
than 30 percent of the workforce employed by that recipient to perform such
services; and
(B)comprise not less
than 30 percent of the workforce employed by any indirect recipient of such
grant funds to perform such services.
(3)Exception for
professional servicesThe requirements under paragraphs (1) and
(2) do not apply to the procurement of professional services.
(c)Exemptions for
exceptional circumstances
(1)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).
(2)Procedures for
granting exemptions
(A)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.
(B)Exemptions
before procedures establishedDuring the 45-day period referred
to under subparagraph (A), the Director may exempt an employer as the Director
determines necessary.
(d)
(1)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.
(2)Each
report submitted under paragraph (1) shall include, with respect to the
preceding fiscal quarter, information on—
(A)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;
(B)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
(C)(i)whether the
Director or head of the executive agency provided any exemptions under
subsection (a)(2);
(ii)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
(iii)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.
(3)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.
6.
(a)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—
(1)any findings regarding fraud, waste, and
abuse of Federal funds, personnel, and assets; and
(2)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.
(b)The first report under this section shall be submitted for
the first full calendar quarter for which a Director has been appointed.
7.Gulf Coast
Revitalization Authority
(a)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.
(b)The
purpose of the Authority is to develop a plan with substantial local
participation to—
(1)rebuild and
improve the public infrastructure of the Gulf Coast region affected by
Hurricane Katrina and Hurricane Rita;
(2)determine how
best to use available Federal resources; and
(3)coordinate State
and local government and private sector initiatives with the Federal
effort.
(c)Composition of
the AuthorityThe Authority shall consist of 19 members
including—
(1)the Director, who
shall serve as Chairperson of the Authority;
(2)the Governor of
Louisiana;
(3)the Governor of
Mississippi;
(4)the Governor of
Alabama;
(5)the Governor of
Texas;
(6)the Mayor of New
Orleans, Louisiana;
(7)3 members
appointed by the President;
(8)3 residents of
communities within the area affected by Hurricane Katrina and Hurricane Rita
appointed by the Governor of Louisiana—
(A)of whom 1 shall
be a local elected official;
(B)of whom 1 shall
be from a nonprofit organization; and
(C)of whom 1 shall
be a leader in the private sector;
(9)3 residents of
the communities within the area affected by Hurricane Katrina and Hurricane
Rita appointed by the Governor of Mississippi—
(A)of whom 1 shall
be a local elected official;
(B)of whom 1 shall
be from a nonprofit organization; and
(C)of whom 1 shall
be a leader in the private sector;
(10)1 resident of a
community within the area affected by Hurricane Katrina and Hurricane Rita
appointed by the Governor of Alabama;
(11)1 resident of a
community within the area affected by Hurricane Katrina and Hurricane Rita
appointed by the Governor of Texas; and
(12)2 residents of
New Orleans, Louisiana, appointed by the Mayor of New Orleans,
Louisiana.
(d)
(1)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.
(2)A representative designated under this subsection—
(A)shall count for
purposes of a quorum; and
(B)may vote on any
matter of the Authority.
(e)Appointments;
vacancies; quorum
(1)All
members of the Authority shall be appointed within 14 days after the date of
enactment of this Act.
(2)Period of
appointment; vacanciesMembers 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.
(3)A
majority of the members of the Authority shall constitute a quorum, but a
lesser number of members may hold hearings.
(f)Personnel
matters for Authority members
(1)
(A)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.
(B)Federal
officers and employeesAll 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.
(2)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.
(g)Preparation of
a comprehensive plan
(1)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.
(2)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.
(3)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.
(h)Authority of
director before plansNothing 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.
(i)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.
(j)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.
(k)Implementation
modifications
(1)After the adoption of the comprehensive plan, the
Authority—
(A)shall monitor
implementation;
(B)develop more
detailed advisory proposals consistent with the comprehensive plan; and
(C)consider and
adopt such modifications to the comprehensive plan as may become necessary and
appropriate.
(2)Modifications
to the comprehensive plan shall be adopted in the same manner as the
plan.
(l)In
developing the plan, the Authority shall consider—
(1)the impact of
public infrastructure on minimizing the impact of future hurricanes;
(2)the impact of
public infrastructure on—
(A)improving the
opportunities for economic development in the region; and
(B)enhancing public
services available to residents;
(3)the preservation
of the unique historical and cultural character of communities, maintaining
traditional styles of architecture, neighborhood design, and community
facilities wherever possible; and
(4)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.
(m)Opportunity for
public commentThe 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.
(n)
(1)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.
(2)Procurement of
temporary and intermittent servicesAfter 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.
(3)After
consultation with the Authority, the Director shall employ individuals selected
by the Authority under paragraph (1).
(4)To
the extent practicable, the consultants and employees under this subsection
shall provide local officials with technical assistance and consultation on
local efforts.
(o)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.
(p)Use of Federal
agency expertiseThe 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.
(q)Areas addressed
by comprehensive planThe comprehensive plan shall address the
following areas of redevelopment:
(1)Water
Management:
(A)Design
improvements and placement of water control facilities (including drainage
channels, pumping facilities, levees and barriers).
(B)Design
improvements and repair of water treatment and delivery systems and sewage
collection and treatment facilities.
(2)Environmental
Restoration:
(A)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.
(B)Land and water
resource conservation.
(3)Transportation:
(A)Priorities and
criteria for demolishing and rebuilding damaged bridges, roads and
highways.
(B)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.
(C)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.
(D)Airport
reconstruction including runway layouts, and connections to public transit,
roads and highways.
(E)Priorities and
criteria for rebuilding freight rail and freight terminals.
(4)Ports:
(A)Design standards
for rebuilding port facilities.
(B)A plan for
working with private entities to rebuild port facilities including berths,
storage facilities, navigation channels, and docks.
(C)Identification of
the need for improved security technologies available for port security
screening.
(5)Housing:
(A)Criteria for
demolition of damaged housing, restoration of housing where advisable, and
development of newly built housing.
(B)Design
improvement standards for housing that can minimize damage from a future
hurricane.
(C)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.
(6)Schools:
(A)Priorities and
criteria for rebuilding schools where advisable and construction of replacement
schools where necessary.
(B)Design
improvement standards for schools that need to be rebuilt that include, where
advisable and cost effective, state of the art information technology
infrastructure.
(7)Hospitals and
Other Public Health Care Facilities:
(A)Design
improvement standards for hospitals that will be rebuilt that includes state of
the art information technology infrastructure.
(B)Design standards
for health care facilities to withstand and continue operation during a future
hurricane.
(8)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.
(9)Employment and
Training:
(A)A plan for the
training of residents of the affected communities in job skills that will be
required in the region.
(B)Priority for jobs
for residents of the affected communities created by reconstruction programs
funded by the Gulf Coast Agency to the extent practicable.
(10)Other Public
Facilities:
(A)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.
(B)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.
(r)Expediting the
rebuilding processThe Authority shall—
(1)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
(2)make appropriate
recommendations in the comprehensive plan relating to the waiver or
modification of such laws.
(s)In developing and implementing the comprehensive plan,
the Authority and the Gulf Coast Agency shall take into consideration the
following planning principles:
(1)Provide
substantial opportunities for area residents to participate in the planning
process.
(2)All public
structures should be designed to withstand a category 5 hurricane.
(3)Preserve the
unique historical, cultural, and architectural character of communities to the
maximum extent possible.
(4)Infrastructure
should be developed to minimize the impact of future hurricanes.
(5)Infrastructure
should be developed to improve economic opportunity for the region and its
residents.
(6)Transportation
infrastructure should be designed and built with future evacuation needs in
mind.
(7)Establish systems
to maintain infrastructure over time and accommodate growth in the
region.
(8)Promote access to
housing, transportation, jobs and schools to residents of all incomes that
accommodates economic and social integration.
(9)Promote energy
efficient design.
(10)Promote transit
oriented development in metropolitan areas.
(11)Promote
innovations in public-private partnerships.
(12)Promote
efficient and cost-effective rebuilding efforts.
(13)Promote
involvement of the private sector and nonprofit organizations to broaden
participation and help control costs to the Federal Government.
(t)Collaboration
with local government, nonprofit organizations, and private entities
(1)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.
(2)Individuals and entities shall include—
(A)State and local
government officials;
(B)community based
nonprofit organizations;
(C)chambers of
commerce and business community leaders;
(D)school
superintendents, parent and teacher associations;
(E)environmental
groups;
(F)real estate and
construction industries, both nonprofit organizations and for-profit
entities;
(G)social service
providers;
(H)emergency relief
and disaster planning nonprofit organizations;
(I)labor
organizations;
(J)utility
companies;
(K)hospital
administrators and practitioners; and
(L)insurance
companies.
(u)Nonapplicability
of certain provisionsThe 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.
8.Authorization of
appropriationsThere are
authorized to be appropriated such sums as necessary to carry out this
Act.
9.
(a)The Office and
position of Director shall terminate 3 years after the date of enactment of
this Act.
(b)
(1)The President may extend the date of termination under
subsection (a) in accordance with this subsection.
(2)Any extension of termination under this
subsection—
(A)shall not be
effective for any period occurring 6 years after the date of enactment of this
Act;
(B)may not apply
retroactively if the Office and the position of Director have already
terminated under this section;
(C)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
(D)subject to
subparagraph (A), may be made only for a 1-year period, 2-year period, or
3-year period.