[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2445 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 531
110th CONGRESS
  1st Session
                                S. 2445

                          [Report No. 110-240]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           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 calendar

_______________________________________________________________________

                                 A BILL


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

    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 ``Streamlining Mitigation Actions and 
Recovery Tools and Regional Evacuation and Sheltering Planning of 
Overarching Networks for Severe Emergencies Act'' or the ``SMART 
RESPONSE Act''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``Administrator'' means the Administrator of 
        the Federal Emergency Management Agency; and
            (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).

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

    (a) Prohibition of Restriction on Use of Amounts.--
            (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--
                    (A) the existence or extent of any requirement or 
                condition under such program that--
                            (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; or
                            (ii) waives the applicability of any 
                        limitation or reduction referred to in clause 
                        (i) for homeowners who are elderly or senior 
                        citizens; or
                    (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.
            (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.
            (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.
            (4) Expedited transfer of funds.--
                    (A) In general.--The Administrator shall, as soon 
                as is practicable, transfer the amounts specified in 
                paragraph (3) to the State of Louisiana.
                    (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--
                            (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; and
                            (ii) developing a streamlined environmental 
                        review process to speed the approval of project 
                        applications.
            (5) Waiver.--
                    (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).
                    (B) Exception.--The President may not waive any 
                requirement relating to fair housing, 
                nondiscrimination, labor standards, or the environment 
                under subparagraph (A).
                    (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--
                            (i) the Administrator approves the project 
                        for which that individual is seeking a grant;
                            (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); and
                            (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).
                    (D) Certifications.--
                            (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).
                            (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).
                    (E) Auditing.--The Administrator may design and 
                implement audit procedures and requirements as 
                necessary and appropriate to carry out this paragraph.
    (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--
            (1) specific mechanisms that are being utilized to expedite 
        funding distribution under this section; and
            (2) how such mechanisms are performing.

SEC. 4. EVACUATION AND SHELTERING.

    (a) Regional Evacuation and Sheltering Plans.--
            (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--
                    (A) address national interstate major disasters or 
                emergencies;
                    (B) incorporate all appropriate modes of 
                transportation, including interstate rail, commercial 
                rail, commercial air, military transportation, and 
                commercial bus;
                    (C) clearly define the roles and responsibilities 
                of Federal, State, and local governments in the 
                evacuation plan; and
                    (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.
            (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.
    (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.
    (c) Protection Strategy.--
            (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.
            (2) Considerations.--In conducting the analysis under 
        paragraph (1), the Administrator shall consider--
                    (A) areas with populations of not less than 20,000 
                individual needing medical assistance or lacking the 
                ability to self evacuate;
                    (B) areas that do not have an all hazards 
                resistance shelter; and
                    (C) the health and safety of individuals with 
                special needs.
            (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.
    (d) Evacuation Traffic Information System.--
            (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.
            (2) Report.--
                    (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.
                    (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.
                                                       Calendar No. 531

110th CONGRESS

  1st Session

                                S. 2445

                          [Report No. 110-240]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           December 11, 2007

                 Read twice and placed on the calendar