[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2421 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2421

 To establish the Louisiana Hurricane and Flood Protection Council for 
    the improvement of hurricane and flood protection in Louisiana.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 15, 2006

  Mr. Vitter introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To establish the Louisiana Hurricane and Flood Protection Council for 
    the improvement of hurricane and flood protection in Louisiana.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Louisiana Hurricane and Flood 
Protection Council Act of 2006''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Council.--The term ``Council'' means the Louisiana 
        Hurricane and Flood Protection Council established by section 
        3(a).
            (2) Disaster area.--The term ``disaster area'' means any 
        area along the coast of the State of Louisiana in which a major 
        disaster relating to Hurricane Katrina or Hurricane Rita was 
        declared by the President to exist on or after August 29, 2005, 
        in accordance with section 401 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army.

SEC. 3. ESTABLISHMENT OF COUNCIL.

    (a) Establishment.--There is established a council to be known as 
the ``Louisiana Hurricane and Flood Protection Council''.
    (b) Purposes.--The purposes of the Council are--
            (1) to manage and oversee each aspect of the implementation 
        of a system-wide, comprehensive plan for projects of the Corps 
        of Engineers (including the study, planning, engineering, 
        design, construction, operation, and maintenance of the 
        projects or components of projects and functions or activities 
        of the Corps of Engineers relating to other projects) that 
        addresses hurricane protection, flood control, ecosystem 
        restoration, storm surge damage reduction, or navigation in the 
        disaster area that--
                    (A) on a system-wide basis, as the Council 
                determines to be practicable, coordinates and 
                integrates projects or components of projects that 
                comprehensively implement activities for hurricane 
                protection, flood control, ecosystem restoration, storm 
                surge damage reduction, and navigation projects in 
                order to--
                            (i) ensure consistency and efficiency 
                        between projects and components of projects;
                            (ii) enhance project effectiveness and the 
                        overall effectiveness of the larger 
                        comprehensive plan; and
                            (iii) ensure that projects and components 
                        of projects of the comprehensive plan are 
                        implemented in an efficient, timely, and 
                        reliable manner to maximize results and reduce 
                        costs in implementing projects or components of 
                        projects;
                    (B) restores and reconstructs critical coastal 
                wetlands;
                    (C) protects the disaster area from future flooding 
                and reduces storm damage and devastation caused by 
                hurricanes; and
                    (D) provides for navigational interests; and
            (2) through the demonstration program established under 
        section 4(b), to manage each aspect of the implementation of 
        projects of the Corps of Engineers in the disaster area 
        (including the study, planning, engineering, design, 
        construction, operation, and maintenance of such projects or 
        components of projects and functions or activities of the Corps 
        of Engineers relating to other projects), including projects 
        for--
                    (A) hurricane protection;
                    (B) flood control;
                    (C) coastal and ecosystem restoration;
                    (D) storm surge damage reduction; and
                    (E) navigation.
    (c) Membership.--
            (1) Composition of council.--
                    (A) Definition of expertise.--In this paragraph, 
                the term ``expertise'', with respect to a field of work 
                or study, means--
                            (i) at least 10 years of professional 
                        experience in the field of work or study; or
                            (ii) a master's degree (or the equivalent) 
                        in the field of work or study.
                    (B) Composition.--The Council shall be composed of 
                9 members appointed by the President, of whom--
                            (i) 3 members shall be selected from the 
                        Corps of Engineers, 1 of whom shall be 
                        appointed by the President, by and with the 
                        advice and consent of the Senate (unless the 
                        member is already confirmed by the Senate), as 
                        Chairperson of the Council; and
                            (ii) 6 members shall be selected from 
                        individuals who are not otherwise employed by 
                        the Federal Government or a State government, 
                        of whom--
                                    (I) 2 members shall have expertise 
                                in civil engineering relating to 
                                hurricane and flood protection;
                                    (II) 2 members shall have expertise 
                                in the environment relating to--
                                            (aa) the interaction of 
                                        saltwater and freshwater 
                                        estuaries; and
                                            (bb) coastal ecosystem 
                                        restoration;
                                    (III) 1 member shall have expertise 
                                in civil engineering relating to 
                                navigation; and
                                    (IV) 1 member shall have expertise 
                                in fiscal matters relating to project 
                                management.
                    (C) Suggestions of governor.--The Governor of 
                Louisiana may suggest to the President nominees for 
                consideration for appointment to the Council under 
                subparagraph (B)(ii).
                    (D) Louisiana residence or work required.--Of the 
                members of the Council appointed under subparagraph 
                (B)(ii), at least 2 members shall--
                            (i) have resided in the State of Louisiana 
                        for not less than 2 years and have expertise in 
                        the field of work or study of the member; or
                            (ii) have worked in the applicable field of 
                        expertise in the State of Louisiana for not 
                        less than 2 years.
            (2) Date of appointments.--The appointment of a member of 
        the Council shall be made not later than 30 days after the date 
        of enactment of this Act.
    (d) Term; Vacancies.--
            (1) Term.--
                    (A) Corps of engineers.--A member appointed under 
                subsection (c)(1)(B)(i) (or a designee of such a 
                member) shall be appointed for the life of the Council, 
                subject to removal by the President.
                    (B) Non-federal employees.--A member appointed 
                under subsection (c)(1)(B)(ii) shall be appointed for a 
                term of 5 years and may be reappointed, except that, of 
                the members first appointed--
                            (i) of the members appointed under 
                        subsection (c)(1)(B)(ii)(I), 1 member shall be 
                        appointed for a term of 4 years; and
                            (ii) of the members appointed under 
                        subsection (c)(1)(B)(ii)(II), 1 member shall be 
                        appointed for a term of 4 years.
            (2) Vacancies.--A vacancy on the Council--
                    (A) shall not affect the powers of the Council; and
                    (B) shall be filled not later than 30 days after 
                the date on which the vacancy occurred in the same 
                manner as the original appointment was made.
    (e) Initial Meeting.--Not later than 30 days after the date on 
which the majority of members of the Council have been appointed, the 
Council shall hold the initial meeting of the Council.
    (f) Meetings.--The Council shall meet at the call of the 
Chairperson, who shall provide due notice of the meetings to members of 
the Council.
    (g) Quorum.--A majority of the members of the Council shall 
constitute a quorum, but a lesser number of members may hold hearings.
    (h) Vice Chairperson.--The Council shall select a Vice Chairperson 
from among the members of the Council appointed under subsection 
(c)(1)(B)(ii).
    (i) Clerk.--
            (1) In general.--The Council shall select a Clerk from 
        among the members of the Council appointed under subsection 
        (c)(1)(B)(ii).
            (2) Duties.--The Clerk shall establish and maintain an 
        accurate record of--
                    (A) proceedings of the Council;
                    (B) information received by the Council; and
                    (C) reports or recommendations prepared by the 
                Council.
    (j) Location.--The headquarters, general offices, and meetings of 
the Council shall be at a location designated by the Secretary.

SEC. 4. DUTIES.

    (a) Comprehensive Plan.--
            (1) In general.--The Council shall manage and oversee each 
        aspect of the implementation of a system-wide, comprehensive 
        plan for projects of the Corps of Engineers in the disaster 
        area (including the study, planning, engineering, design, 
        construction, operation, and maintenance of the projects, and 
        functions and activities of the Corps of Engineers relating to 
        other projects or components of projects) in accordance with 
        the comprehensive hurricane protection program authorized by 
        Congress during 2005 to take a comprehensive approach to 
        improving hurricane protection, flood control, coastal and 
        ecosystem restoration, storm surge damage reduction, and 
        navigation in the disaster area.
            (2) Requirements.--In managing and overseeing the plan 
        under paragraph (1), the Council shall--
                    (A) integrate, as the Council determines to be 
                practicable, projects and components of projects that 
                comprehensively implement activities for hurricane 
                protection, flood control, coastal and ecosystem 
                restoration, storm surge damage reduction, and 
                navigation in the disaster area;
                    (B) recommend priorities among the projects and 
                components of projects identified under the 
                comprehensive plan;
                    (C) establish a benefit/risk analysis for the 
                disaster area that properly accounts for risks posed to 
                high population areas to assist in prioritizing 
                projects described in subparagraph (A);
                    (D) review Corps of Engineers documents and prepare 
                recommendations and modifications for Congress to 
                enhance project or component effectiveness and the 
                overall larger comprehensive plan;
                    (E) request comments regarding, and propose 
                resolutions for, problems confronted in implementing 
                any project or component within the comprehensive plan; 
                and
                    (F) ensure that the comprehensive plan is 
                implemented in an efficient, timely, and reliable 
                manner to maximize results and reduce costs in 
                implementing projects described in subparagraph (A).
    (b) Demonstration Program.--
            (1) In general.--During the 20-year period beginning on the 
        date of enactment of this Act, the Council shall establish and 
        carry out a demonstration program for the study, design, 
        integrated implementation, and system-wide management of any 
        project or component of a project of the Corps of Engineers in 
        the disaster area, including the integration of projects 
        relating to--
                    (A) hurricane protection;
                    (B) flood control;
                    (C) coastal and ecosystem restoration;
                    (D) storm surge damage reduction; and
                    (E) navigation.
            (2) Future disasters.--
                    (A) Recommendations.--
                            (i) In general.--In carrying out the 
                        demonstration program under paragraph (1), the 
                        Council shall develop, and submit to the 
                        Committee on Environment and Public Works of 
                        the Senate and the Committee on Transportation 
                        and Infrastructure of the House of 
                        Representatives, recommendations for an 
                        emergency strategy to repair infrastructure 
                        relating to projects or components of projects 
                        under the comprehensive plan and to supplement 
                        the authority of the Corps of Engineers under 
                        any other law, in any area in Louisiana 
                        affected by a major disaster or emergency 
                        declared by the President to exist in 
                        accordance with section 401 of the Robert T. 
                        Stafford Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5170) during the 
                        period of the demonstration program.
                            (ii) Requirements.--The recommendations 
                        under clause (i) shall--
                                    (I) be in accordance with the 
                                comprehensive plan under subsection 
                                (a); and
                                    (II) include recommendations or 
                                modifications regarding priorities of 
                                the comprehensive plan as the 
                                comprehensive plan relates to projects 
                                or components of projects for purposes 
                                of restoring, repairing, rebuilding, or 
                                protecting affected disaster areas.
                    (B) Approval process.--The approval process 
                described in paragraph (3)(C)(ii) shall apply to 
                recommendations of the Council under subparagraph (A), 
                in accordance with paragraph (3)(C)(iii)(II)(bb).
                    (C) Effect of paragraph.--Nothing in this paragraph 
                affects any authority of the Corps of Engineers under 
                any other law, including section 5 of the Act of August 
                18, 1941 (commonly known as the ``Flood Control Act of 
                1941'') (55 Stat. 650; 69 Stat. 186).
            (3) Corps of engineers studies.--
                    (A) In general.--Notwithstanding any other law 
                (including regulations), each study of the Corps of 
                Engineers in the disaster area authorized pursuant to a 
                study resolution of a Committee of Congress during the 
                20-year period beginning on the date of enactment of 
                this Act shall be conducted in accordance with the 
                demonstration program established under paragraph (1).
                    (B) Study reports.--Not later than 18 months after 
                the date on which a study under subparagraph (A) is 
                authorized, the Council shall submit to the Committee 
                on Environment and Public Works of the Senate and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives a report describing the 
                results of the study and any recommendations, including 
                modifications, of the Council.
                    (C) Implementation of recommendations.--
                            (i) In general.--The Corps of Engineers 
                        shall not implement a report or recommendation 
                        of the Council until the report or 
                        recommendation is approved in the manner of a 
                        study resolution by the Committee on 
                        Environment and Public Works of the Senate and 
                        the Committee on Transportation and 
                        Infrastructure of the House of Representatives 
                        under clause (ii).
                            (ii) Approval process.--
                                    (I) In general.--Not later than 120 
                                days after the date of receipt of a 
                                recommendation or report describing the 
                                results of a study under subparagraph 
                                (B), the Committee on Environment and 
                                Public Works of the Senate and the 
                                Committee on Transportation and 
                                Infrastructure of the House of 
                                Representatives shall determine whether 
                                to adopt a resolution in the manner of 
                                a study resolution approving each 
                                report or recommendation submitted by 
                                the Council.
                                    (II) Additional information.--To 
                                facilitate a Committee described in 
                                subclause (I) in making a determination 
                                under that subclause, the Council may 
                                submit to the Committee such additional 
                                information relating to a report or 
                                recommendation of the Council as the 
                                Committee may request, including 
                                information from the Corps of 
                                Engineers.
                                    (III) Rescission of approval.--If 
                                the Corps of Engineers fails to begin 
                                the implementation of a report or 
                                recommendation of the Council by not 
                                later than 1 year after the date of 
                                approval of the report or 
                                recommendation, the Committee on 
                                Environment and Public Works of the 
                                Senate or the Committee on 
                                Transportation and Infrastructure of 
                                the House of Representatives, by 
                                resolution, may rescind the approval of 
                                the Committee of the report or 
                                recommendation.
                            (iii) Period of effectiveness.--
                                    (I) In general.--Except as provided 
                                in subclause (II), the approval process 
                                described in clause (ii) shall apply 
                                only during the 6-year period beginning 
                                on the date of enactment of this Act.
                                    (II) Extension.--Notwithstanding 
                                subclause (I), the approval process 
                                described in clause (ii) shall apply 
                                with respect to a report or 
                                recommendation of the Council submitted 
                                after the date that is 6 years after 
                                the date of enactment of this Act if--
                                            (aa) during the 2-year 
                                        period preceding the date on 
                                        which the report or 
                                        recommendation is submitted, a 
                                        major bill reauthorizing water 
                                        resource programs of the United 
                                        States has not been enacted; or
                                            (bb) a major disaster or 
                                        emergency is declared by the 
                                        President to exist in 
                                        accordance with section 401 of 
                                        the Robert T. Stafford Disaster 
                                        Relief and Emergency Assistance 
                                        Act (42 U.S.C. 5170) in any 
                                        area of southeast Louisiana 
                                        after that date.
                            (iv) Effect of subparagraph.--The approval 
                        process described in this subparagraph shall 
                        apply only in a case in which such an approval 
                        process is necessary, as determined by the 
                        Committee, because of a major disaster or 
                        emergency declared by the President to exist in 
                        accordance with section 401 of the Robert T. 
                        Stafford Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5170) after August 1, 
                        2005, that caused a significant loss of life or 
                        property.
                            (v) Federal share.--
                                    (I) In general.--The Federal share 
                                of the cost of implementing a 
                                recommendation of the Council shall 
                                be--
                                            (aa) for the period of 
                                        fiscal years 2006 through 2016, 
                                        90 percent; and
                                            (bb) for the period of 
                                        fiscal years 2017 and 
                                        thereafter for the life of the 
                                        demonstration program, 85 
                                        percent.
                                    (II) Recommendations.--The Council 
                                may make recommendations to reduce or 
                                modify the cost share for any project 
                                or component of a project in the 
                                comprehensive plan.
                    (D) Effect of paragraph.--In implementing a report 
                or recommendation of the Council under this paragraph, 
                the Corps of Engineers may waive a requirement under 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) only if the Council determines 
                that--
                            (i) an imminent threat to life requires the 
                        waiver; and
                            (ii) the waiver will not result in 
                        significant environmental damage.
    (c) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Council in carrying out this 
Act.

SEC. 5. POWERS.

    (a) Hearings.--The Council may hold such hearings, meet and act at 
such times and places, take such testimony, and receive such evidence 
as the Council considers advisable to carry out this Act.
    (b) Information From Federal Agencies.--
            (1) In general.--The Council may secure directly from a 
        Federal agency such information as the Council considers 
        necessary to carry out this Act.
            (2) Provision of information.--On request of the 
        Chairperson of the Council, the head of the agency shall 
        provide the information to the Council.
    (c) Postal Services.--The Council may use the United States mails 
in the same manner and under the same conditions as other agencies of 
the Federal Government.
    (d) Gifts.--The Council may accept, use, and dispose of gifts or 
donations of services or property.

SEC. 6. COUNCIL PERSONNEL MATTERS.

    (a) Compensation of Members.--
            (1) Non-federal employees.--A member of the Council who is 
        not an officer or employee of the Federal Government 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 the 
        member is engaged in the performance of the duties of the 
        Council.
            (2) Federal employees.--A member of the Council who is an 
        officer or employee of the Federal Government shall serve 
        without compensation in addition to the compensation received 
        for the services of the member as an officer or employee of the 
        Federal Government.
    (b) Travel Expenses.--A member of the Council shall be allowed 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for an employee of an agency under subchapter I of chapter 
57 of title 5, United States Code, while away from the home or regular 
place of business of the member in the performance of the duties of the 
Council.
    (c) Detail of Federal Government Employees.--
            (1) In general.--An employee of the Federal Government may 
        be detailed to the Council without reimbursement.
            (2) Civil service status.--The detail of the employee shall 
        be without interruption or loss of civil service status or 
        privilege.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act, to remain available until expended.

SEC. 8. TERMINATION OF COUNCIL.

    The Council shall terminate on December 31, 2026.
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