[Congressional Record Volume 151, Number 130 (Friday, October 7, 2005)]
[Senate]
[Pages S11317-S11322]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GREGG (for himself and Mr. Kennedy):
  S. 1863. A bill to establish the Gulf Coast Recovery and Disaster 
Preparedness Agency, and for other purposes; to the Committee on 
Homeland Security and Governmental Affairs.
  Mr. GREGG. Mr. President, our Nation's history is not only one of 
growing prosperity, opportunity, and the steady progress of a free and 
industrious society, but it is also uniquely identified by the 
challenges that we have faced and overcome. Sometimes, these challenges 
have been natural disasters--earthquakes, floods, and hurricanes that 
have devastated entire towns and cities, uprooted communities, and 
tragically killed hundreds, if not thousands, of people. Disasters such 
as the Galveston Hurricane of 1900, the 1906 San Francisco earthquake, 
the Great Flood of 1927, and Hurricane Camille are the first ones that 
come to mind, although there are others that we could also add to this 
list of superdisasters.
  Unfortunately, it now appears that the list of these superdisasters 
has gotten longer. In a number of respects, the devastation inflicted 
by Hurricane Katrina has so far exceeded any natural disaster that our 
country has faced: the official death toll is around 1,000 and could go 
higher; approximately 90,000 square miles, nearly the size of the 
United Kingdom, has been impacted; a city of nearly half a million was 
almost entirely emptied; as many as 1 million jobs have been directly 
affected; and recovery and reconstruction costs could go to as high as 
$200 billion, if not more. Figures aside, the tragic and widespread 
devastation that this storm has wreaked is apparent to anyone who has 
watched news footage from the golf coast region. The images are heart 
wrenching, and our prayers go out to those who have suffered and have 
lost loved ones.
  Weeks after Hurricane Katrina hit the gulf coast region, Hurricane 
Rita brought further devastation to areas that were either already 
impacted or to areas further south and to the west. Although not as 
powerful as Katrina, Rita dealt a strong blow to many communities. 
Lives were lost, entire neighborhoods were completely destroyed, and 
many families were displaced. Again, we extend our prayers and wishes 
to those who were directly affected by this storm.
  While the combined impact of Hurricanes Katrina and Rita is similar 
to other superdisasters, it also unprecedented in a few key aspects. In 
particular, the Federal Government is now expected to play, and is 
playing, a significant role in the response and recovery efforts. This 
is partly due to the significant growth in the Federal Government over 
the past 100 years. Back in 1900 when the Galveston Hurricane occurred, 
there were only eight executive departments in the entire government--
the Department of Commerce, the Department of Labor, the Department of 
Health and Human Services, HUD, the U.S. Coast Guard, the EPA, FEMA, 
and, of course, the Department of Homeland Security had yet to be 
established. Today, the federal government is much more expansive than

[[Page S11318]]

when previous superdisasters took place, and it now delivers a wide 
array of services and benefits that Americans have come to expect.
  In response, President Bush and Congress have approved the spending 
of billions in Federal funds, unleashing an outpouring of federal aid, 
assets, and manpower. Over the past 2 weeks, Congress already has 
approved over $61 billion in supplemental appropriations, and it is 
contemplating the spending of additional federal funds. Almost every 
executive department and Federal agency is taking part, taxpayer funds 
are being doled out to contractors and State and local authorities, and 
the future of the gulf coast region and millions of its residents is 
being shaped daily by this massive effort. While mistakes have been 
made at all levels, we now have the opportunity to make sure that 
mistakes are not repeated and that we do not come out of this whole 
experience wondering where all the money went and whether we did the 
best we can to respond to this challenge.
  My Senate colleagues and I have been discussing various proposals for 
how the federal recovery effort should be managed. I believe that 
history can be of help--for instance, we can learn from the Great Flood 
of 1927, a natural disaster that killed hundreds in seven states and 
flooded around 27,000 square miles. In response, President Coolidge 
appointed Secretary of Commerce Herbert Hoover to coordinate relief 
across eight different agencies, the Red Cross, and other 
organizations. While the relief effort had its flaws, I believe that 
Coolidge's appointment of a lead director, who had substantial crisis 
management experience and public recognition, was a wise decision. By 
centralizing oversight authority over the entire effort under such a 
central person, Coolidge's appointment of Hoover helped minimize 
friction and discoordination across agencies, ensuring that the relief 
response was run efficiently. The appointment also enhanced 
accountability since everyone knew who was in charge.
  The recovery effort for Hurricanes Katrina and Rita is going to be 
much more complicated and multifaceted than the relief response for the 
Great Flood of 1927. The breadth of the destruction and the wide array 
of Federal departments and agencies involved--combined with the efforts 
of State and local authorities, nonprofit organizations, and private 
contractors--make the potential for bureaucratic tensions, redundancy, 
confusion, and waste even greater. I therefore believe that a 
centralized management structure is as necessary now as it was back in 
1927. So, before Congress continues pouring billions of taxpayer 
dollars and adding additional tasks on top of the recovery effort, 
Congress should first make sure that a centralized management structure 
is in place. In particular, we need a person with impeccable 
credentials endowed with robust planning, operational, and budgetary 
authorities to be on the ground in the gulf coast region. We need to 
make sure that accountability is clearly assigned, not diffused. We 
need to make sure that the right hand knows what the left hand is 
doing, so to speak, and that federal funds are effectively being used 
to get the gulf coast region back on its feet. And we need this 
centralized structure as soon as possible.
  As such, I am proposing the Gulf Coast Recovery and Preparedness Act 
of 2005, along with Senator Kennedy, which establishes the Gulf Coast 
Recovery and Disaster Preparedness Agency, a new agency that will be 
headed by a director who will oversee the entire recovery effort. The 
Director will be the person responsible for budgeting, overseeing, and 
executing the entire recovery effort to the extent that Federal 
resources are used. The director will also regularly report to Congress 
on how this effort is being conducted and will have deputies and 
support staff to keep track of how funds are being spent and to 
investigate any fraud, waste or abuse. Lastly, I recognize that we do 
not want the legacy of Katrina and Rita to be another layer of 
bureaucracy, so the legislation would make sure that the agency and the 
director's position are only temporary, and that it terminates within 6 
years.
  Within the agency, there will be essentially a planning board--named 
the Gulf Coast Revitalization Authority that will consist of Federal, 
State, and local officials, as well as representatives from affected 
communities. The board, which will be chaired by the director, will be 
tasked with creating a comprehensive plan for redeveloping the entire 
region impacted by Hurricanes Katrina and Rita. The plan will ensure 
that objectives, priorities, and critical infrastructure decisions are 
developed in a thoughtful and comprehensive manner before federal 
resources and other funds are completely committed. The authority board 
will also make sure that there is substantial and meaningful public 
participation, which is critical for making potentially difficult 
rebuilding and revitalization decisions. The director, who must approve 
the plan after it is passed by the authority, will be responsible for 
executing it.
  Our Nation has been through a lot since Katrina and Rita hit the gulf 
coast, and I am continually amazed at the acts of heroism and charity 
that are taking place across the gulf coast region. And while the tasks 
ahead may be less dramatic and less attention-grabbing, I believe that 
it is how we address these challenges--in particular, the rebuilding of 
infrastructure, the provision of social services to evacuees scattered 
across the country, and the redevelopment of entire communities--that 
will truly test our Federal Government in ways that we have not seen in 
recent memory. In the end, I am confident that we can succeed and the 
gulf coast region will fully recover and thrive. Our Nation's history 
has shown how well Americans perform in the face of challenges. 
However, we must not simply expect this success nor expect that 
throwing around billions of dollars will necessarily achieve it. 
Instead, Congress must take action now to ensure that the recovery 
effort is managed efficiently and effectively. By setting into place 
such a management structure, I believe that we will be able to look 
back at these difficult times and be proud of how we handled the 
public's trust and the taxpayers' money. This is what the American 
people have elected us to do, and I know that it can be done if we make 
the right choices right now.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1863

       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 ``Gulf Coast Recovery and 
     Disaster Preparedness Act of 2005''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Agency.--The term ``agency'' has the meaning given 
     under section 551(1) of title 5, United States Code.
       (2) Authority.--The term ``Authority'' means the Gulf Coast 
     Revitalization Authority.
       (3) Director.--The term ``Director'' means the Director of 
     Gulf Coast Recovery and Disaster Preparedness.
       (4) Gulf coast agency.--The term ``Gulf Coast Agency'' 
     means the Gulf Coast Recovery and Disaster Preparedness 
     Agency.
       (5) Gulf coast recovery and disaster preparedness 
     program.--The term ``Gulf Coast Recovery and Disaster 
     Preparedness Program'' means all activities described under 
     section 3(b)(3) (B) and (C).

     SEC. 3. ESTABLISHMENT AND FUNCTIONS.

       (a) Establishment.--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) Director.--
       (1) Appointment.--
       (A) In general.--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 position.--The 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 president.--The Director shall 
     directly report to the President.
       (2) Qualifications.--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) Functions.--The Director shall--
       (A) be responsible for the efficient and effective use of 
     Federal resources relating to

[[Page S11319]]

     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) Budget.--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) Appropriations.--
       (i) In general.--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) Allocations.--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 implementation.--The 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 allotment.--Apportionment 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) In general.--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) Deputy directors.--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 Director.--The 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.

     SEC. 4. ADMINISTRATIVE AND PERSONNEL PROVISIONS.

       (a) Employees.--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 Contracts.--The 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.

     SEC. 5. SUPPORT FOR WORKERS AFFECTED BY HURRICANE KATRINA AND 
                   HURRICANE RITA.

       (a) Definitions.--In this section:
       (1) Executive agency.--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 
     rita.--The 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) Employment Requirement.--
       (1) Contracts.--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) Grants.--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 services.--The requirements 
     under paragraphs (1) and (2) do not apply to the procurement 
     of professional services.
       (c) Exemptions for Exceptional Circumstances.--
       (1) Authority.--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) In general.--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 established.--During the 
     45-day period referred to under subparagraph (A), the 
     Director may exempt an employer as the Director determines 
     necessary.
       (d) Reports Required.--
       (1) In general.--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) Content.--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

[[Page S11320]]

     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) Source of information.--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.

     SEC. 6. REPORTS TO CONGRESS.

       (a) In General.--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) First Report.--The first report under this section 
     shall be submitted for the first full calendar quarter for 
     which a Director has been appointed.

     SEC. 7. GULF COAST REVITALIZATION AUTHORITY.

       (a) Establishment.--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) Purpose.--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 Authority.--The 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) Representatives.--
       (1) In general.--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) Quorum and voting.--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) Appointments.--All members of the Authority shall be 
     appointed within 14 days after the date of enactment of this 
     Act.
       (2) Period of appointment; vacancies.--Members 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) Quorum.--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) Compensation of members.--
       (A) In general.--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 employees.--All 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) Travel expenses.--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) Preliminary plan.--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) Comprehensive plan.--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) Extension.--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 Plans.--Nothing 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) Approval of Plans.--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) Governors Approval.--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) In general.--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.--Modifications to the comprehensive plan 
     shall be adopted in the same manner as the plan.
       (l) Considerations.--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 Comment.--The 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) Authority Personnel.--
       (1) In general.--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 services.--
     After 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) Employees.--After consultation with the Authority, the 
     Director shall employ individuals selected by the Authority 
     under paragraph (1).
       (4) Assistance.--To the extent practicable, the consultants 
     and employees under this subsection shall provide local 
     officials with

[[Page S11321]]

     technical assistance and consultation on local efforts.
       (o) Detailees.--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 Expertise.--The 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 Plan.--The 
     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 Process.--The 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) Planning Principles.--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) In general.--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.--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 Provisions.--The 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.

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as 
     necessary to carry out this Act.

     SEC. 9. TERMINATION OF OFFICE.

       (a) In General.--The Office and position of Director shall 
     terminate 3 years after the date of enactment of this Act.
       (b) Extension of Termination.--
       (1) In general.--The President may extend the date of 
     termination under subsection (a) in accordance with this 
     subsection.
       (2) Conditions of extension.--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.

  Mr. KENNEDY. Mr. President, when I last spoke on the Senate floor 
about Hurricane Katrina, I spoke of my visit to the region--to 
Louisiana and Mississippi--where I witnessed first hand the devastation 
to these communities. Entire blocks were left bare to their foundations 
where families once lived. Schools and hospitals were destroyed. Power 
lines were draped over fallen trees and there was water everywhere. 
Roads were washed out and bridges were destroyed. Much of the great 
city of New Orleans was under water. It was beyond what any of us could 
have imagined.
  Seeing the Gulf Coast in such a state has deeply touched me and my 
family

[[Page S11322]]

in deeply personal ways. My wife Vicki and her strong and wonderful 
family are from Louisiana. She went to school in Louisiana, attending 
Tulane University, and considers New Orleans her second home.
  It has now been more than a month since Hurricane Katrina first hit 
the Gulf Coast. Hurricane Rita wreaked further havoc on the region. And 
although the emergency phase of the response may be over, we now face 
the extraordinary challenge of rebuilding this region and restoring 
people's lives.
  Relief workers and agencies have been working tirelessly to clear 
debris, and connect evacuees to services and temporary housing. Just 
this week, New Orleans has finally been drained of all water left 
standing in the city. Health workers are working to address the public 
health challenges and the ongoing health needs of the evacuees. And 
States across the country continue to work with evacuees in their area 
to help them with housing, jobs and services.
  Relief and recovery efforts have revealed that we have our work cut 
out for us. Thousands of homes were destroyed and more have water marks 
to the ceilings, mold and severe structural damage are everywhere. 
Entire schools and hospitals must be rebuilt. Roads and bridges that 
were washed out must be replaced. Museums with artifacts of the rich 
cultural tradition of the region have been damaged. Much of what has 
made these cities and towns vibrant has been destroyed and kept 
residents away from their beloved communities.
  We need to make these communities whole again. We need to make them 
stronger and healthier. We need to build the roads and bridges that 
will bring the many evacuees home to quality, permanent homes, and get 
their children back to their schools.
  We must rebuild the region thoughtfully and swiftly. We owe it to the 
residents of the region who want to come home. And we owe it to the 
thousands of relief workers, charities, and businesses that have come 
together to make the region and its residents safe and secure.
  It is up to us in Congress to ensure that the region is equipped to 
rebuild. The residents of the Gulf Coast and New Orleans take pride in 
their cities and towns and they want to lead the way in reviving their 
own communities. But they desperately need our help. That is why today, 
Senator Gregg and I are introducing the Gulf Coast Recovery and 
Disaster Preparedness Act.
  We need a response that is as good and generous as the American 
people but our existing disaster relief structures are not equipped for 
this monumental task.
  The primary focus of our Department of Homeland Security is to 
protect the Nation from terrorism, and it is imperative for that work 
to go on unimpeded. And FEMA is primarily a rapid response agency whose 
first responsibility is to provide relief in the immediate aftermath of 
a disaster.
  Given the enormity of the number of people displaced by Hurricanes 
Katrina and Rita, the rebuilding will be an all-consuming task. And if 
it is to take place as rapidly as possible, it requires the creation of 
a new Federal entity to be an effective partner in that effort.
  Our bill creates a Gulf Coast Recovery and Disaster Preparedness 
Agency to aid in the work of rebuilding the region. The enormous 
Federal investment that will be needed to revitalize the region would 
be channeled through this agency. Estimates of the cost of rebuilding 
the region are as high as $200 billion. We need someone who will be 
responsible for the coordinated deployment of these dollars.
  The agency will be headed by a Director, an eminent, nonpartisan 
person with demonstrated leadership in large organizations. It will 
take strong leadership that has the attention of the President to 
coordinate redevelopment efforts and cut through the redtape to ensure 
that Federal funds are deployed swiftly, efficiently and effectively.
  Under our bill, the President appoints the Director with the advice 
and consent of the Senate. The Director will have overall control of 
Federal funding, personnel, and assets used for rebuilding the region.
  The Director of the Gulf Coast Recovery and Disaster Preparedness 
Agency will work with an Authority, composed primarily of residents 
from the affected area, that will develop a comprehensive plan for 
rebuilding the region.
  Governors, mayors, community leaders, business and non-profit 
leaders, citizens and the Federal Government will be able to sit around 
the same table to develop a common blueprint for reconstructing their 
communities and their lives.
  While only the Federal Government possesses the necessary resources 
to rebuild the devastated areas, it is essential that State and local 
officials who know the area best be full partners. Local residents must 
share the decisionmaking authority. Creating this Authority to develop 
a comprehensive plan for redevelopment will guarantee that local 
concerns are taken seriously.
  How to rebuild should not be determined by the biggest, most powerful 
contractors. We need to work from a shared vision for the future in 
which we all do our part in rebuilding the new Gulf Coast.
  The rebuilding process does not merely involve reproducing in place 
the structures that existed prior to the hurricane and the flooding, 
although that alone would be an enormous task. It involves planning for 
the future of the affected communities.
  To develop this plan, the Authority will involve the best flood 
control engineers, the best community and urban development 
specialists, planners, and experts to address rebuilding or restoring 
water management facilities, environmental restoration, transportation, 
ports, housing, schools, hospitals, utility infrastructure, other 
public facilities, and employment and training.
  And, while we need to build water control systems and structures that 
will be able to withstand giant hurricanes and floods in the future, it 
is not just about the bricks and mortar. It is about promoting economic 
development and improving the quality of life for the residents of the 
region; it is about preserving the unique historical, cultural and 
architectural character of communities; and restoring the ecological 
resources of the region. It is about promoting access to housing, 
transportation, jobs and schools to residents of all incomes.
  We have a chance to build the Gulf economy of the future--and in 
doing so improve the entire Nation's economic destiny. We have a chance 
to build a new economy that works for everyone--with diverse housing 
and more job opportunities.
  We cannot wait any longer. The people of Louisiana, the people of 
Mississippi, Alabama and now Texas, and the many States who have taken 
in evacuees, cannot wait any longer. We need to act and appoint an 
executive who will lead recovery and redevelopment efforts and really 
listen to what the residents of the Gulf Coast, its community leaders, 
business leaders and elected officials really need.
  All of those who visited the region and those who have seen images of 
the devastation on TV recognize that rebuilding the Gulf Coast requires 
an unprecedented national effort. It must be a principal focus of our 
national government in the months ahead and it must be done in a 
genuine collaboration with the people of the affected region.
  I want to commend my colleague Senator Gregg who has worked very hard 
to ensure that we come up with a sensible way of addressing the 
enormous challenge of rebuilding that lies ahead.
  We believe that a Gulf Coast Recovery and Disaster Preparedness 
Director and a Gulf Coast Revitalization Authority is the best way to 
combine the Federal resources and coordination with real local 
involvement in the decisionmaking process.
                                 ______