U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

69–010 

" ! SENATE 110TH CONGRESS

1st Session 

REPORT

2007

110–240 

Calendar No. 531 

STREAMLINING MITIGATION ACTIONS AND 

RECOVERY TOOLS AND REGIONAL EVACUATION AND SHELTERING PLANNING OF 

OVERARCHING NETWORKS FOR SEVERE 

EMERGENCIES ACT (SMART RESPONSE 

ACT) 

R E P O R T 

OF THE

COMMITTEE ON HOMELAND SECURITY AND 

GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE 

TO ACCOMPANY

S. 2445 

TO PROVIDE FOR THE FLEXIBILITY OF CERTAIN DISASTER RELIEF 

FUNDS, AND FOR IMPROVED EVACUATION AND SHELTERING 

DURING DISASTERS AND CATASTROPHES 

DECEMBER 11, 2007.—Ordered to be printed 


bajohnson on PROD1PC69 with REPORTSE:\Seals\Congress.#13
(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

JOSEPH I. LIEBERMAN, Connecticut, Chairman 

CARL LEVIN, Michigan 

DANIEL K. AKAKA, Hawaii 

THOMAS R. CARPER, Delaware 

MARK L. PRYOR, Arkansas 

MARY L. LANDRIEU, Louisiana 

BARACK OBAMA, Illinois 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

SUSAN M. COLLINS, Maine 

TED STEVENS, Alaska 

GEORGE V. VOINOVICH, Ohio 

NORM COLEMAN, Minnesota 

TOM COBURN, Oklahoma 

PETE V. DOMENICI, New Mexico 

JOHN WARNER, Virginia 

JOHN E. SUNUNU, New Hampshire 

MICHAEL L. ALEXANDER, Staff Director 

KEVIN J. LANDY, Chief Counsel 

MARY BETH SCHULTZ, Counsel 

DONNY R. WILLIAMS, Jr., Staff Director, Ad Hoc Subcommittee on Disaster Recovery 

BRANDON L. MILHORN, Minority Staff Director and Chief Counsel 

ASHA A. MATHEW, Minority Senior Counsel 

TRINA DRIESSNACK TYRER, Chief Clerk 


bajohnson on PROD1PC69 with REPORTS
(III) 

C O N T E N T S 

Page 

I. Purpose and Summary .................................................................................. 1 

II. Background and Need for the Legislation ................................................... 1 

III. Legislative History ......................................................................................... 3 

IV. Section by Section Analysis .......................................................................... 3 

V. Evaluation of Regulatory Impact .................................................................. 4 

VI. Congressional Budget Office Cost Estimate ................................................ 4 

VII. Changes in Existing Law Made by the Bill, as Reported ........................... 6 


bajohnson on PROD1PC69 with REPORTS

bajohnson on PROD1PC69 with REPORTS
Calendar No. 531 

110TH CONGRESS REPORT " ! SENATE 1st Session 110–240 

STREAMLINING MITIGATION ACTIONS AND RECOVERY TOOLS AND REGIONAL EVACUATION AND SHELTERING PLANNING OF OVERARCHING 

NETWORKS FOR SEVERE EMERGENCIES ACT (SMART RESPONSE ACT) 

DECEMBER 11, 2007.—Ordered to be printed 

Mr. LIEBERMAN, from the Committee on Homeland Security and 

Governmental Affairs, submitted the following 

R E P O R T 

[To accompany S. 2445] 

The Committee on Homeland Security and Governmental Affairs 

reports the original bill (S. 2445) to provide for the flexibility of certain disaster relief funds, and for improved evacuation and sheltering during disasters and catastrophes, having considered the 

same reports favorably thereon and recommends that the bill do 

pass. 

I. PURPOSE AND SUMMARY

The purpose of this bill is to eliminate obstacles to the rebuilding 

efforts in Louisiana after the catastrophic impact of Hurricanes 

Katrina and Rita by providing flexibility for the expenditure of certain Hazard Mitigation Grant Program (HMGP) funds, as well as 

to develop regional evacuation and sheltering plans. 

II. BACKGROUND AND NEED FOR THE LEGISLATION

Hurricane Katrina made landfall in Louisiana on August 29, 

2005 and swept across the Southern Gulf Coast states, decimating 

90,000 square miles of public infrastructure and destroying homes 

in numbers never before seen in modern American history. The 

Katrina waters sat for about three weeks, and were beginning to 

recede when Hurricane Rita made landfall heavily impacting parts 

of Southwest Louisiana, and reopening the temporarily repaired 

levees, refilling parts of New Orleans with water. All told, the 

housing stock in Louisiana suffered historic levels of devastation. 

Statewide, some 204,467 owner-occupied homes suffered either 

major damage or were completely destroyed. 

Rebuilding the housing stock in Louisiana is crucial to restoring 

the state’s cultural, economic, and social vitality. Congress approVerDate Aug 31 2005 06:47 Dec 12, 2007 Jkt 069010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR240.XXX SR240

bajohnson on PROD1PC69 with REPORTS
2 

priated funds through the Department of Housing and Urban Development’s Community Development Block Grant (CDBG) Fund 

for the rebuilding of the Hurricane Katrina and Rita impacted regions. As a result of the catastrophic impact of Hurricanes Katrina 

and Rita on Louisiana, the rebuilding process has been very slow 

on nearly all fronts, particularly with regard to efforts to rebuild 

residential homes in devastated areas. Part of the delay is attributed to the delays in providing assistance to homeowners. Louisiana used CDBG money to fund its state homeowner assistance 

program, called the Road Home Program. In order to encourage the 

residents and spur economic activity, the program offers favorable 

treatment to those rebuilding in the affected area by penalizing recipients of program funds who leave the state, but provides exemptions from this penalty for senior citizens. 

Another important federal disaster assistance tool offered by the 

federal government is the Federal Emergency Management Agency’s (FEMA) Hazard Mitigation Grant Program (HMGP). The purpose of the HMGP is to reduce the loss of life and property during 

future disasters and to enable mitigation measures to be implemented during the immediate disaster recovery. HMGP provides 

grants to States and local governments to implement hazard mitigation measures after a major disaster declaration. FEMA’s mitigation grants are provided to eligible applicants (States/Tribes/Territories) which, in turn, provide sub-grants which can be awarded for 

numerous projects, including approved mitigation projects by private homeowners. 

In designing the Road Home Program, Louisiana chose to use its 

HMGP funds in conjunction with the Road Home Program in order 

to allow HMGP and Road Home funds to be distributed to applicants in one process. This would enable individuals—who might be 

required to elevate their homes to meet flood zoning requirements 

or to perform other important mitigation efforts to prevent future 

loss of life or property—to use HMGP funds within their overall rebuilding effort, thereby streamlining activities, making the rebuilding process more efficient and effective, and helping to ensure mitigation practices are incorporated into the rebuilding process to the 

greatest extent possible to help reduce potential damages from future disasters. 

FEMA, however, has prohibited the use of HMGP dollars within 

the Road Home Program because it considers the Road Home Program’s penalty against those who leave the state and penalty exemption for individuals over 60 to be discriminatory based upon its 

interpretation of Section 308 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, which prohibits the agency 

from discriminating when distributing disaster assistance. FEMA’s 

prohibition of the use of HMGP funds within the State of Louisiana’s Road Home Program has caused significant delays in the 

overall process of getting its citizens back into their homes. 

Under this bill, the FEMA Administrator may not prohibit or restrict the use by the State of Louisiana through the Road Home 

Program of HMGP funds specified in the bill based upon the existence of certain penalties in the Road Home Program. The specified 

penalties include restrictions which limit or reduce the amount 

made available to an eligible homeowner who does not agree to remain an owner or occupant of a home in Louisiana or any waiver 


bajohnson on PROD1PC69 with REPORTS
3 

of such penalty for homeowners who are elderly or senior citizens. 

The bill, however, leaves intact all other rules governing HMGP 

and ensures that Road Home applicants use the specific HMGP 

funds only for approved hazard mitigation activities. 

The bill also addresses other problems that are significantly delaying the recovery and rebuilding process by including provisions 

allowing things such as programmatic cost-benefit analysis, 

streamlined environmental reviews, and providing HMGP funds for 

approved projects before a project is completed, instead of on a reimbursement basis. 

Additionally, the bill directs FEMA, in coordination with other 

appropriate federal agencies with responsibilities under the National Response Plan, states, local governments, and appropriate 

nongovernmental organizations to develop regional evacuation and 

sheltering planning. Catastrophic disasters can overwhelm state resources and prompt displacement beyond a single state’s borders. 

Given the evacuation issues raised by Hurricanes Katrina and 

Rita, improved regional evacuation and sheltering planning is 

needed. 

III. LEGISLATIVE HISTORY

S. 2445 was introduced as an original Committee bill by Senator 

Landrieu on August 1, 2007 in the Senate Committee on Homeland 

Security and Governmental Affairs. 

On August 1, 2007, the Committee considered S. 2445. 

The Committee adopted two amendments. The first amendment 

was offered by Senator Landrieu. It was an amendment in the nature of a substitute that made minor modifications to the bill. The 

amendment was adopted by voice vote. 

The second amendment was offered by Senator Coleman and cosponsored by Senator Landrieu. This amendment allowed eligible 

grantees to receive HMGP funds for approved projects in advance 

of completing the process, rather than on the reimbursement basis 

as under existing law. The amendment was adopted by voice vote. 

By a voice vote, the Committee ordered the bill as amended favorably reported to the full Senate. 

IV. SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 2. Definitions 

Section 3. Flexibility of Federal funds for Road Home Program 

Under this section the Administrator of FEMA may not prohibit 

or restrict the use by the State of Louisiana under the Road Home 

Program of the HMGP funds specified in the bill based upon the 

existence of certain penalties under the Road Home Program. The 

specified penalties include restrictions which limit or reduce the 

amount made available to an eligible homeowner who does not 

agree to remain an owner or occupant of a home in Louisiana or 

any waiver of such penalty for homeowners who are elderly or senior citizens. All other provisions of the HMGP program outlined in 

section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act would apply to the use of funds. This section 

also requires the FEMA Administrator to transfer the specified 


bajohnson on PROD1PC69 with REPORTS
4 

funds as soon as practicable to the State of Louisiana and to simplify requirements of the program, including by streamlining costbenefit analyses and environmental reviews, to ensure the expedited distribution of such funds under the program. The section 

also allows a grant recipient to receive funds for approved projects 

prior to the completion of the project, instead of on a reimbursement basis, if proper certifications regarding use of the money are 

received. Finally, it allows the FEMA Administrator to design and 

implement audit procedures as necessary. 

Section 4. Evacuation and sheltering 

This section directs the Administrator of FEMA to coordinate 

with appropriate Federal Agencies, state and local governments, 

and nongovernmental organizations to develop regional evacuation 

and sheltering plans, create a national database of available shelters, and conduct an analysis comparing the costs, benefits, and 

health and safety concerns of evacuating individuals with special 

needs during an incident, as compared to the costs, benefits, and 

health and safety concerns of sheltering such people in the area 

where they are located when an incident occurs. The section also 

requires the Administrator to obtain and share information from 

the Evacuation Traffic Information System, a system managed by 

the Department of Transportation that is designed to monitor traffic flow during an incident. 

V. EVALUATION OF REGULATORY IMPACT

Pursuant to the requirement of paragraph 11(b)(1) of rule XXVI 

of the Standing Rules of the Senate the Committee has considered 

the regulatory impact of this bill. CBO states that the bill contains 

no intergovernmental or private-sector mandates as defined in the 

Unfunded Mandates Reform Act and would impose no costs on 

state, local, or tribal governments. 

VI. ESTIMATED COST OF LEGISLATION

NOVEMBER 16, 2007. 

Hon. JOSEPH I. LIEBERMAN, 

Chairman, Committee on Homeland Security and Governmental Affairs, U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for the SMART RESPONSE Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Daniel Hoople. 

Sincerely, 

PETER R. ORSZAG. 

Enclosure. 

SMART RESPONSE Act 

Summary: The legislation would direct the Federal Emergency 

Management Agency (FEMA) to develop and implement regional 

evacuation and sheltering plans for use following a major disaster. 

In addition, the bill would direct FEMA to create a database of 

available shelters that can be shared with state and local governments. Based on information from FEMA, CBO estimates that implementing those provisions would cost about $39 million over the 


bajohnson on PROD1PC69 with REPORTS
5 

2008–2012 period, assuming appropriation of the estimated 

amounts. 

The legislation also would prohibit FEMA from restricting the use of $1.17 billion in hazard mitigation funding provided to Louisiana following the 2005 Gulf Coast hurricanes. The state wants 

to use those funds for grants to homeowners to elevate their homes; 

however, FEMA has denied funding for those projects because of 

provisions in the state’s overall recovery program. CBO estimates 

that implementing this provision would not affect the pace of federal expenditures for hazard mitigation projects nor would it increase the need for additional disaster relief funding in the future. 

Enacting this legislation would not affect direct spending or revenues. 

The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of this legislation is shown in the following table. The 

costs of this legislation fall within budget function 450 (community 

and regional development). 

By fiscal year, in millions of dollars— 

2008 2009 2010 2011 2012 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ...................................................................... 17 6 6 5 5 

Estimated Outlays ......................................................................................... 16 6 6 6 5 

Basis of estimate: For this estimate, CBO assumes that the bill 

will be enacted in early 2008 and that the necessary amounts will 

be appropriated for each fiscal year. 

Evacuation and sheltering plans and database 

The legislation would direct FEMA to develop and implement regional evacuation and sheltering plans for use following a major 

disaster. Such plans would incorporate all modes of transportation 

and identify shelters capable of housing evacuees in any part of the 

United States. CBO estimates that FEMA would need to hire additional staff in each of its 11 offices to complete the plans within the 

360-day period specified in the bill. We estimate that this work 

would cost about $15 million in 2008 and $38 million over the 

2008–2012 period, assuming appropriation of the necessary 

amounts. 

The bill also would direct FEMA to create a database of available 

shelters that could be used following a disaster. Information from 

this database, as well as information from the Evacuation Traffic 

Information System (managed by the Federal Highway Administration), would be made available to state and local governments. 

CBO estimates that implementing this provision would cost about 

$1 million in 2008. 

Elimination of restrictions on hazard mitigation funding 

The legislation would allow Louisiana to use certain funds for 

hazard mitigation in tandem with disaster recovery funds provided 

by the Community Development Block Grant (CDBG) program of 

the Department of Housing and Urban Development. Following 


bajohnson on PROD1PC69 with REPORTS
6 

Hurricanes Katrina and Rita, Louisiana received $1.5 billion in 

grants through FEMA’s Hazard Mitigation Grant Program (HMGP). The state has requested to use $1.17 billion of those 

amounts for elevation grants to homeowners under the terms of the 

Road Home program. (The Road Home program is Louisiana’s plan 

for using CDBG funds provided in response to the 2005 hurricanes.) FEMA has denied this request because it believes that provisions of the Road Home program violate the authorizing statute 

for mitigation funds. The bill would prohibit FEMA from restricting 

the use of HMGP funds for those reasons. 

CBO estimates that implementing this provision would have no 

cost to the federal government. The bill would not authorize additional mitigation funding for Louisiana. Moreover, FEMA has already allocated the maximum amount of HMGP funds that the 

state may receive under current law. (For disasters of the magnitude of Hurricane Katrina, for example, this amount is 7.5 percent of the agency’s estimate of other funds it will provide for disaster relief.) 

Intergovernmental and private-sector impact: This bill contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would impose no costs on state, local, or tribal governments. It would provide greater flexibility for Louisiana to use federal assistance to help homeowners recover from Hurricanes 

Katrina and Rita. It also would authorize the administrator to provide technical assistance to state and local governments to develop 

and implement evacuation and sheltering plans. Any costs to those 

governments would be incurred voluntarily as a condition of participating in a federal program. 

Estimate prepared by: Federal Costs: Daniel Hoople; Impact on 

State, Local, and Tribal Governments: Melissa Merrell; Impact on 

the Private Sector: Justin Hall. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

VIII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

No changes to existing law are made by this bill. 

Æ 


bajohnson on PROD1PC69 with REPORTS