II 109th CONGRESS 1st Session S. 2043 IN THE SENATE OF THE UNITED STATES November 17, 2005 Mr. Durbin (for himself, Mr. Cochran, and Mr. Salazar) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide grants for mass evacuation exercises for urban and suburban areas and the execution of emergency response plans, and for other purposes.

1.

Short title

This Act may be cited as the Mass Evacuation Exercise Assistance Act of 2005.

2.

Mass evacuation exercises and execution of emergency response plans

Section 201 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131) is amended by adding at the end the following: (e)

Grants for mass evacuation exercises for urban and suburban areas and the execution of emergency response plans

(1)

In general

The Secretary of Homeland Security shall make grants to States or units of local governments nominated by States to— (A)establish programs for the development of plans and conduct of exercises for the mass evacuation of persons in urban and suburban areas; and (B)execute plans developed under subparagraph (A), including the purchase and stockpiling of necessary supplies for emergency routes and shelters. (2)

Conditions

As a condition for the receipt of assistance under paragraph (1)(A), the Secretary of Homeland Security may establish any guidelines and standards for the programs that the Secretary determines to be appropriate. (3)

Requirements

To the maximum extent practicable, a program assisted under paragraph (1)(A) shall incorporate the coordinated use of public and private transportation resources in the plans developed and the exercises carried out under the program. (4)

Participation of members of the armed forces

(A)

In general

The Secretary of Defense may authorize the participation of members of the Armed Forces and the use of appropriate Department of Defense equipment and materials in an exercise carried out under a program assisted under this subsection. (B)

Reimbursement for participation of Guard

In the event members of the National Guard in State status participate in an exercise carried out under a program assisted under this subsection pursuant to an authorization of the chief executive officer of a State, the Secretary of Defense may, using amounts available to the Department of Defense, reimburse the State for the costs to the State of the participation of such members in such exercise. (5)

Authorization of appropriations

There is authorized to be appropriated to carry out this subsection $250,000,000 for each of fiscal years 2006 through 2010. (f)

Mass evacuation plans

(1)

Requirement

Each State or unit of local government receiving a grant under subsection (e)(1) shall, in consultation with relevant local governments, develop and maintain detailed and comprehensive mass evacuation plans for each area in the jurisdiction of the State unit of local government. (2)

Plan development

In developing the evacuation plans required under paragraph (1), each State or unit of local government shall, to the maximum extent practicable— (A)assist urban and suburban county and municipal governments in establishing and maintaining mass evacuation plans; (B)assist hospitals, nursing homes, other institutional adult congregate living facilities, group homes, and other health or residential care facilities that house individuals with special needs in establishing and maintaining mass evacuation plans; and (C)integrate the plans described in subparagraphs (A) and (B) and coordinate evacuation efforts with the entities described in subparagraphs (A) and (B). (3)

Plan contents

State, county, and municipal mass evacuation plans shall, to the maximum extent practicable— (A)establish incident command and decisionmaking processes; (B)identify primary and alternate escape routes; (C)establish procedures for converting 2-way traffic to 1-way evacuation routes, removing tollgates, ensuring the free movement of emergency vehicles, and deploying traffic management personnel and appropriate traffic signs; (D)maintain detailed inventories of drivers and public and private vehicles, including buses, vans, and handicap-accessible vehicles, that may be pressed into service; (E)maintain detailed inventories of emergency shelter locations and develop the necessary agreements with neighboring jurisdictions to operate or use the shelters in the event of a mass evacuation; (F)establish procedures for informing the public of evacuation procedures before and during an evacuation and return procedures after an evacuation, including using television, radio, print, and online media, land-based and mobile phone technology, and vehicles equipped with public address systems; (G)identify primary and alternate staging locations for emergency responders; (H)identify gaps in the ability to respond to different types of disasters, including the capacity to handle surges in demand for hospital, emergency medical, coroner, morgue, and mortuary services, quarantines, decontaminations, and criminal investigations; (I)establish procedures to evacuate individuals with special needs, including individuals who are low-income, disabled, homeless, or elderly or who do not speak English; (J)establish procedures for evacuating animals that assist the disabled; (K)establish procedures for protecting property, preventing looting, and accounting for pets; and (L)ensure the participation of the private and nonprofit sectors. (4)

Updating of plans

State, county, municipal, and private plans under this subsection shall be updated on a regular basis. (g)

Additional assistance to States

The Secretary of Homeland Security shall assist States and local governments in developing and maintaining the plans described in subsection (f) by— (1)establishing and maintaining comprehensive best practices for evacuation planning, training, and execution; (2)developing assistance teams to travel to States and assist local governments in planning, training, and execution; (3)developing a training curriculum based on the best practices established under paragraph (1); (4)providing the training curriculum developed under paragraph (3) to State and local officials; (5)maintaining a list of qualified government agencies, private sector consultants, and nonprofit organizations that can assist local governments in setting up evacuation plans; and (6)establishing and maintaining a comprehensive guide for State and local governments regarding— (A)the types of Federal assistance that are available to respond to emergencies; and (B)the steps necessary to apply for that assistance. (h)

Report To Congress

Not later than 1 year after the date of enactment of this subsection, the Comptroller General of the United States shall conduct a study detailing— (1)any Federal laws that pose an obstacle to effective evacuation planning; (2)any State or local laws that pose an obstacle to effective evacuation planning; and (3)the political and economic pressures that discourage governors, county executives, mayors, and other officials from— (A)ordering an evacuation; or (B)conducting exercises for the mass evacuation of people. .