II 

109TH CONGRESS 

1ST SESSION S. 1863 

To establish the Gulf Coast Recovery and Disaster Preparedness Agency, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 7 (legislative day, OCTOBER 6), 2005 

Mr. GREGG (for himself and Mr. KENNEDY) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To establish the Gulf Coast Recovery and Disaster 

Preparedness Agency, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Gulf Coast Recovery 

5 and Disaster Preparedness Act of 2005’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) AGENCY.—The term ‘‘agency’’ has the 

9 meaning given under section 551(1) of title 5, 

10 United States Code. 
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1 (2) AUTHORITY.—The term ‘‘Authority’’ means 

2 the Gulf Coast Revitalization Authority. 

3 (3) DIRECTOR.—The term ‘‘Director’’ means 

4 the Director of Gulf Coast Recovery and Disaster 

5 Preparedness. 

6 (4) GULF COAST AGENCY.—The term ‘‘Gulf 

7 Coast Agency’’ means the Gulf Coast Recovery and 

8 Disaster Preparedness Agency. 

9 (5) GULF COAST RECOVERY AND DISASTER

10 PREPAREDNESS PROGRAM.—The term ‘‘Gulf Coast 

11 Recovery and Disaster Preparedness Program’’ 

12 means all activities described under section 3(b)(3) 

13 (B) and (C). 

14 SEC. 3. ESTABLISHMENT AND FUNCTIONS. 

15 (a) ESTABLISHMENT.—There is established the Gulf 

16 Coast Recovery and Disaster Preparedness Agency. The 

17 Gulf Coast Recovery and Disaster Preparedness Agency 

18 is an independent establishment as defined under section 

19 104 of title 5, United States Code. 

20 (b) DIRECTOR.— 

21 (1) APPOINTMENT.— 

22 (A) IN GENERAL.—The Director of Gulf 

23 Coast Recovery and Disaster Preparedness shall 

24 be the head of the Gulf Coast Agency. The Di-
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1 rector shall be appointed by the President, by 

2 and with the advice and consent of the Senate. 

3 (B) EXECUTIVE SCHEDULE LEVEL I POSI4 TION.—The Director shall be paid at the rate 

5 of pay payable for a position at level I of the 

6 Executive Schedule under section 5312 of title 

7 5, United States Code. 

8 (C) DIRECT REPORT TO PRESIDENT.—The 

9 Director shall directly report to the President. 

10 (2) QUALIFICATIONS.—The individual ap11 pointed as Director shall be appointed on the basis 

12 of— 

13 (A) demonstrated leadership, integrity, and 

14 experience; and 

15 (B) demonstrated experience in manage16 ment of large organizations. 

17 (3) FUNCTIONS.—The Director shall— 

18 (A) be responsible for the efficient and ef19 fective use of Federal resources relating to the 

20 recovery from Hurricane Katrina and Hurri21 cane Rita; 

22 (B) exercise planning, management, and 

23 overall control of all Federal funding, personnel, 

24 and assets used by Federal, State, or local gov25 ernment authorities for the purposes of— 
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1 (i) rebuilding or responding to the 

2 damage or destruction of private or public 

3 infrastructure caused by Hurricane 

4 Katrina and Hurricane Rita to the United 

5 States; 

6 (ii) responding, supporting, or other7 wise assisting efforts to meet the nutri8 tional, health, educational, housing, trans9 portation, employment, law enforcement, 

10 and social service needs of citizens who 

11 have been personally displaced or otherwise 

12 adversely and directly impacted by Hurri13 cane Katrina and Hurricane Rita; 

14 (iii) studying, planning, and preparing 

15 public and private responses to future nat16 ural disasters in the region; 

17 (iv) planning, building, and repairing 

18 public infrastructure to prevent or mitigate 

19 the impact of future natural disasters in 

20 the region, including the levee system sur21 rounding the City of New Orleans, Lou22 isiana; 

23 (v) studying, planning, and imple24 menting environmental remediation and 

25 coastal restoration efforts in the region; 
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1 (vi) studying, planning, and imple2 menting economic redevelopment efforts in 

3 areas affected by Hurricane Katrina and 

4 Hurricane Rita; 

5 (vii) ensuring the efficient and effec6 tive use of Federal funds in all activities 

7 relating to the recovery from Hurricane 

8 Katrina and Hurricane Rita; and 

9 (viii) any other recovery, rebuilding, 

10 or redevelopment effort relating to the di11 rect impact of Hurricane Katrina and 

12 Hurricane Rita; and 

13 (C) expend and obligate funds appro14 priated to the Gulf Coast Agency for purposes 

15 described under subparagraph (B), including 

16 specific reconstruction projects. 

17 (4) BUDGET AUTHORITIES RELATING TO THE

18 GULF COAST RECOVERY AND DISASTER PREPARED19 NESS PROGRAM.— 

20 (A) BUDGET.—With respect to budget re21 quests and appropriations for the Gulf Coast 

22 Recovery and Disaster Preparedness Program, 

23 the Director shall— 

24 (i) based on priorities set by the 

25 President, provide to agencies performing 
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1 activities of the Program, guidance for de2 veloping the Program budget pertaining to 

3 such agencies; 

4 (ii) develop and determine an annual 

5 consolidated Gulf Coast Recovery and Dis6 aster Preparedness Program budget; and 

7 (iii) present such consolidated budget, 

8 together with any comments from the 

9 heads of agencies, to the President for ap10 proval. 

11 (B) APPROPRIATIONS.— 

12 (i) IN GENERAL.—The Director shall 

13 be responsible for managing appropriations 

14 for the Gulf Coast Recovery and Disaster 

15 Preparedness Program by directing the al16 lotment or allocation of such appropria17 tions through the heads of the agencies 

18 performing activities of the Program, with 

19 prior notice (including the provision of ap20 propriate supporting information) to the 

21 head of the agency receiving any such allo22 cation or allotment. 

23 (ii) ALLOCATIONS.—Notwithstanding 

24 any other provision of law, pursuant to rel25 evant appropriations Acts for the Gulf 
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1 Coast Recovery and Disaster Preparedness 

2 Program, the Director of the Office of 

3 Management and Budget shall exercise the 

4 authority of the Director of the Office of 

5 Management and Budget to apportion 

6 funds, at the exclusive direction of the Di7 rector of Gulf Coast Recovery and Disaster 

8 Preparedness, for allocation to agencies 

9 performing activities of the Gulf Coast Re10 covery and Disaster Preparedness Pro11 gram. Department comptrollers or appro12 priate budget execution officers shall allot, 

13 allocate, reprogram, or transfer funds ap14 propriated for the Gulf Coast Recovery and 

15 Disaster Preparedness Program in an ex16 peditious manner. 

17 (iii) MONITORING IMPLEMENTA18 TION.—The Director shall monitor the im19 plementation and execution of the Gulf 

20 Coast Recovery and Disaster Preparedness 

21 Program by the heads of relevant agencies. 

22 (iv) APPORTIONMENT AND ALLOT23 MENT.—Apportionment and allotment of 

24 funds under this paragraph shall be sub25 ject to chapter 13 and section 1517 of title 
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1 31, United States Code, and the Congres2 sional Budget and Impoundment Control 

3 Act of 1974 (2 U.S.C. 621 et seq.). 

4 (c) OFFICERS TO ASSIST THE DIRECTOR.— 

5 (1) IN GENERAL.—The Office shall have other 

6 officers necessary to assist the Director in carrying 

7 out the functions of the Director, including— 

8 (A) overseeing recovery operations and dis9 aster preparedness; 

10 (B) expending and obligating Federal 

11 funds appropriated to the Gulf Coast Agency 

12 for the Gulf Coast Recovery and Disaster Pre13 paredness Program, including specific recon14 struction projects; 

15 (C) ensuring that Federal funds are pru16 dently spent and fully audited; and 

17 (D) investigating waste, fraud, and abuse 

18 in the use of Federal funds for the activities of 

19 the Gulf Coast Recovery and Disaster Pre20 paredness Program. 

21 (2) DEPUTY DIRECTORS.—The Director may 

22 appoint no more than 5 Deputy Directors who shall 

23 be assigned to geographic areas of the Gulf Coast 

24 region. 
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1 (d) LOCATION OF THE OFFICE OF THE DIRECTOR.— 

2 The Office of the Director shall be physically located with3 in the region comprising the gulf coast areas of the States 

4 of Louisiana and Mississippi. The Director may establish 

5 additional office locations as necessary. 

6 SEC. 4. ADMINISTRATIVE AND PERSONNEL PROVISIONS. 

7 (a) EMPLOYEES.—The Director may select, appoint, 

8 and employ such officers and employees as may be nec9 essary— 

10 (1) in accordance with the provisions of title 5, 

11 United States Code, including section 3101 of that 

12 title; and 

13 (2) without regard to chapter 51 and sub14 chapter III of chapter 53 of title 5, United States 

15 Code, relating to classification of positions and Gen16 eral Schedule pay rates, except the pay of any per17 sonnel under this paragraph may not exceed the rate 

18 payable for level V of the Executive Schedule under 

19 section 5316 of that title. 

20 (b) CONSULTANTS AND CONTRACTS.—The Director 

21 may— 

22 (1) obtain services as authorized by section 

23 3109 of title 5, United States Code, at daily rates 

24 not to exceed the equivalent rate prescribed for 
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1 grade GS–15 of the General Schedule by section 

2 5332 of title 5, United States Code; and 

3 (2) to the extent and in such amounts as may 

4 be provided in advance by appropriations Acts, to 

5 enter into contracts and other arrangements and to 

6 make such payments as may be necessary to carry 

7 out the provisions of this Act. 

8 SEC. 5. SUPPORT FOR WORKERS AFFECTED BY HURRICANE 

9 KATRINA AND HURRICANE RITA. 

10 (a) DEFINITIONS.—In this section: 

11 (1) EXECUTIVE AGENCY.—The term ‘‘executive 

12 agency’’ has the meaning given such term in section 

13 4 of the Office of Federal Procurement Policy Act 

14 (41 U.S.C. 403). 

15 (2) WORKERS AFFECTED BY HURRICANE

16 KATRINA AND HURRICANE RITA.—The term ‘‘work17 ers affected by Hurricane Katrina and Hurricane 

18 Rita’’ means workers who were residing in the area 

19 directly impacted by Hurricane Katrina and Hurri20 cane Rita as of the date those hurricanes occurred. 

21 (b) EMPLOYMENT REQUIREMENT.— 

22 (1) CONTRACTS.—Except as provided in sub23 section (c), the Director or the head of an executive 

24 agency may not enter into a contract to procure dis25 aster recovery services in connection with Hurricane 
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1 Katrina and Hurricane Rita reconstruction efforts 

2 unless such contract requires that workers affected 

3 by Hurricane Katrina and Hurricane Rita— 

4 (A) comprise not less than 30 percent of 

5 the workforce employed by the contractor to 

6 perform such services; and 

7 (B) comprise not less than 30 percent of 

8 the workforce employed by each subcontractor 

9 at each tier in connection with such contract. 

10 (2) GRANTS.—Except as provided in subsection 

11 (c), the head of an executive agency may not award 

12 a grant of Federal funds to any recipient, for the 

13 purpose of providing disaster recovery services in 

14 connection with Hurricane Katrina and Hurricane 

15 Rita reconstruction efforts unless the terms of the 

16 grant require that such workers affected by Hurri17 cane Katrina and Hurricane Rita— 

18 (A) comprise not less than 30 percent of 

19 the workforce employed by that recipient to per20 form such services; and 

21 (B) comprise not less than 30 percent of 

22 the workforce employed by any indirect recipi23 ent of such grant funds to perform such serv24 ices. 
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1 (3) EXCEPTION FOR PROFESSIONAL SERV2 ICES.—The requirements under paragraphs (1) and 

3 (2) do not apply to the procurement of professional 

4 services. 

5 (c) EXEMPTIONS FOR EXCEPTIONAL CIR6 CUMSTANCES.— 

7 (1) AUTHORITY.—The Director or the head of 

8 an executive agency may enter into a contract or 

9 award a grant that would otherwise be prohibited 

10 under subsection (b) due to the employment by an 

11 employer of a workforce that does not meet the 

12 workforce composition requirement under such sub13 section if the employer qualifies for and receives an 

14 exemption under paragraph (2). 

15 (2) PROCEDURES FOR GRANTING EXEMP16 TIONS.— 

17 (A) IN GENERAL.—Not later than 45 days 

18 after the date of the appointment of the Direc19 tor, the Director shall establish procedures for 

20 providing exemptions for employers who despite 

21 making reasonable efforts to do so, are unable 

22 to comply with the workforce composition re23 quirement under subsection (b) due to an emer24 gency, or due to the lack of available and ap25 propriately qualified workers who have been af-
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1 fected by Hurricane Katrina and Hurricane 

2 Rita. 

3 (B) EXEMPTIONS BEFORE PROCEDURES

4 ESTABLISHED.—During the 45-day period re5 ferred to under subparagraph (A), the Director 

6 may exempt an employer as the Director deter7 mines necessary. 

8 (d) REPORTS REQUIRED.— 

9 (1) IN GENERAL.—In the each report submitted 

10 under section 6, the Director shall include a report 

11 of the hiring of workers affected by Hurricane 

12 Katrina and Hurricane Rita. 

13 (2) CONTENT.—Each report submitted under 

14 paragraph (1) shall include, with respect to the pre15 ceding fiscal quarter, information on— 

16 (A) the total number of workers affected 

17 by Hurricane Katrina and Hurricane Rita hired 

18 by contractors, subcontractors, or employers 

19 that provided disaster recovery services in con20 nection with Hurricane Katrina and Hurricane 

21 Rita reconstruction efforts; 

22 (B) the total number of individuals hired 

23 by contractors, subcontractors, or employers 

24 that provided disaster recovery services in con-
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1 nection with Hurricane Katrina and Hurricane 

2 Rita reconstruction efforts; and 

3 (C)(i) whether the Director or head of the 

4 executive agency provided any exemptions under 

5 subsection (a)(2); 

6 (ii) the total number of contractors, sub7 contractors, and employers provided such ex8 emptions in each State, and the percentage they 

9 represent of all contractors, subcontractors, and 

10 employers providing services; and 

11 (iii) the total number of workers employed 

12 under contracts or grants for which an exemp13 tion was granted and the percentage of such 

14 workers who were workers affected by Hurri15 cane Katrina and Hurricane Rita. 

16 (3) SOURCE OF INFORMATION.—For purposes 

17 of preparing a report required under paragraph (1), 

18 the Director or the head of an executive agency shall 

19 require employers providing disaster recovery serv20 ices in connection with Hurricane Katrina and Hur21 ricane Rita reconstruction efforts to provide to the 

22 agency, under penalty of perjury, information rel23 evant to such reports. 
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1 SEC. 6. REPORTS TO CONGRESS. 

2 (a) IN GENERAL.—Every 3 months, for each cal3 endar quarter, the Director shall submit a report to Con4 gress on the progress of the Gulf Coast Recovery and Dis5 aster Preparedness Program, including— 

6 (1) any findings regarding fraud, waste, and 

7 abuse of Federal funds, personnel, and assets; and 

8 (2) the status of progress toward the rebuilding 

9 of the Gulf Coast region during the 3-month period 

10 preceding the date of submission of the report. 

11 (b) FIRST REPORT.—The first report under this sec12 tion shall be submitted for the first full calendar quarter 

13 for which a Director has been appointed. 

14 SEC. 7. GULF COAST REVITALIZATION AUTHORITY. 

15 (a) ESTABLISHMENT.—There is established, within 

16 the Gulf Coast Agency, the Gulf Coast Revitalization Au17 thority. The Authority shall have responsibility for the de18 velopment of a comprehensive plan for rebuilding and im19 proving the public infrastructure of the Gulf Coast region 

20 affected by Hurricane Katrina and Hurricane Rita. 

21 (b) PURPOSE.—The purpose of the Authority is to 

22 develop a plan with substantial local participation to— 

23 (1) rebuild and improve the public infrastruc24 ture of the Gulf Coast region affected by Hurricane 

25 Katrina and Hurricane Rita; 
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1 (2) determine how best to use available Federal 

2 resources; and 

3 (3) coordinate State and local government and 

4 private sector initiatives with the Federal effort. 

5 (c) COMPOSITION OF THE AUTHORITY.—The Author6 ity shall consist of 19 members including— 

7 (1) the Director, who shall serve as Chairperson 

8 of the Authority; 

9 (2) the Governor of Louisiana; 

10 (3) the Governor of Mississippi; 

11 (4) the Governor of Alabama; 

12 (5) the Governor of Texas; 

13 (6) the Mayor of New Orleans, Louisiana; 

14 (7) 3 members appointed by the President; 

15 (8) 3 residents of communities within the area 

16 affected by Hurricane Katrina and Hurricane Rita 

17 appointed by the Governor of Louisiana— 

18 (A) of whom 1 shall be a local elected offi19 cial; 

20 (B) of whom 1 shall be from a nonprofit 

21 organization; and 

22 (C) of whom 1 shall be a leader in the pri23 vate sector; 
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1 (9) 3 residents of the communities within the 

2 area affected by Hurricane Katrina and Hurricane 

3 Rita appointed by the Governor of Mississippi— 

4 (A) of whom 1 shall be a local elected offi5 cial; 

6 (B) of whom 1 shall be from a nonprofit 

7 organization; and 

8 (C) of whom 1 shall be a leader in the pri9 vate sector; 

10 (10) 1 resident of a community within the area 

11 affected by Hurricane Katrina and Hurricane Rita 

12 appointed by the Governor of Alabama; 

13 (11) 1 resident of a community within the area 

14 affected by Hurricane Katrina and Hurricane Rita 

15 appointed by the Governor of Texas; and 

16 (12) 2 residents of New Orleans, Louisiana, ap17 pointed by the Mayor of New Orleans, Louisiana. 

18 (d) REPRESENTATIVES.— 

19 (1) IN GENERAL.—Each member of the Author20 ity described under subsection (c) (2) through (6) 

21 may designate a representative to attend any meet22 ing of the Authority in the absence of that member. 

23 (2) QUORUM AND VOTING.—A representative 

24 designated under this subsection— 
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1 (A) shall count for purposes of a quorum; 

2 and 

3 (B) may vote on any matter of the Author4 ity. 

5 (e) APPOINTMENTS; VACANCIES; QUORUM.— 

6 (1) APPOINTMENTS.—All members of the Au7 thority shall be appointed within 14 days after the 

8 date of enactment of this Act. 

9 (2) PERIOD OF APPOINTMENT; VACANCIES.— 

10 Members shall be appointed for the life of the Au11 thority. Any vacancy in the Authority shall not af12 fect its powers, but shall be filled in the same man13 ner as the original appointment. 

14 (3) QUORUM.—A majority of the members of 

15 the Authority shall constitute a quorum, but a lesser 

16 number of members may hold hearings. 

17 (f) PERSONNEL MATTERS FOR AUTHORITY MEM18 BERS.— 

19 (1) COMPENSATION OF MEMBERS.— 

20 (A) IN GENERAL.—Except as provided 

21 under subparagraph (B), each member of the 

22 Authority described under subsection (c)(7) 

23 through (12) shall be compensated at a rate 

24 equal to the daily equivalent of the annual rate 

25 of basic pay prescribed for level IV of the Exec-
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1 utive Schedule under section 5315 of title 5, 

2 United States Code, for each day (including 

3 travel time) during which such member is en4 gaged in the performance of the duties of the 

5 Authority. 

6 (B) FEDERAL OFFICERS AND EMPLOY7 EES.—All members of the Authority who are of8 ficers or employees of the United States shall 

9 serve without compensation in addition to that 

10 received for their services as officers or employ11 ees of the United States. 

12 (2) TRAVEL EXPENSES.—The members of the 

13 Authority described under subsection (c) (7) through 

14 (12) shall be allowed travel expenses, including per 

15 diem in lieu of subsistence, at rates authorized for 

16 employees of agencies under subchapter I of chapter 

17 57 of title 5, United States Code, while away from 

18 their homes or regular places of business in the per19 formance of services for the Authority. 

20 (g) PREPARATION OF A COMPREHENSIVE PLAN.— 

21 (1) PRELIMINARY PLAN.—Not later than 134 

22 days after the date of enactment of this Act, the Au23 thority shall approve a preliminary plan for rebuild24 ing and improving the public infrastructure of the 

25 Gulf Coast region. 
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1 (2) COMPREHENSIVE PLAN.—Not later than 

2 194 days after the date of enactment of this Act, the 

3 Authority shall approve a comprehensive plan for re4 building and improving the public infrastructure of 

5 the Gulf Coast region. 

6 (3) EXTENSION.—For good cause shown, the 

7 Authority by majority vote may extend the time pe8 riod for adoption of the comprehensive plan by not 

9 more than 60 days. 

10 (h) AUTHORITY OF DIRECTOR BEFORE PLANS.— 

11 Nothing in this section shall be construed to limit the au12 thority of the Director to approve priority projects and 

13 initiate programs which the Director determines are need14 ed before the adoption of the preliminary and comprehen15 sive plans. 

16 (i) APPROVAL OF PLANS.—Adoption of the plans 

17 shall require approval of a majority of the members of the 

18 Authority and approval by the Director. After each of the 

19 plans has been adopted, individual projects authorized by 

20 the Gulf Coast Agency shall be consistent with that plan. 

21 (j) GOVERNORS APPROVAL.—Nothing in this section 

22 shall affect the authority of a Governor to approve indi23 vidual projects within the State of that Governor to the 

24 extent that the approval of the Governor is required by 

25 law. 
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1 (k) IMPLEMENTATION MODIFICATIONS.— 

2 (1) IN GENERAL.—After the adoption of the 

3 comprehensive plan, the Authority— 

4 (A) shall monitor implementation; 

5 (B) develop more detailed advisory pro6 posals consistent with the comprehensive plan; 

7 and 

8 (C) consider and adopt such modifications 

9 to the comprehensive plan as may become nec10 essary and appropriate. 

11 (2) MODIFICATIONS.—Modifications to the com12 prehensive plan shall be adopted in the same manner 

13 as the plan. 

14 (l) CONSIDERATIONS.—In developing the plan, the 

15 Authority shall consider— 

16 (1) the impact of public infrastructure on mini17 mizing the impact of future hurricanes; 

18 (2) the impact of public infrastructure on— 

19 (A) improving the opportunities for eco20 nomic development in the region; and 

21 (B) enhancing public services available to 

22 residents; 

23 (3) the preservation of the unique historical and 

24 cultural character of communities, maintaining tra-
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1 ditional styles of architecture, neighborhood design, 

2 and community facilities wherever possible; and 

3 (4) procedures to ensure that rebuilding and re4 development is carried out in an efficient and cost5 effective manner, including efforts to promote the in6 volvement of the private sector and nonprofit organi7 zations. 

8 (m) OPPORTUNITY FOR PUBLIC COMMENT.—The 

9 Authority shall conduct public hearings in each of the af10 fected States and shall endeavor to provide substantial op11 portunity for public input, including opportunity for public 

12 comment on the preliminary plan before the comprehen13 sive plan is adopted. 

14 (n) AUTHORITY PERSONNEL.— 

15 (1) IN GENERAL.—To develop the comprehen16 sive plan the Authority shall select and supervise 

17 consultants and employees as provided under para18 graphs (2) and (3) who shall include planners, archi19 tects, engineers, and experts on information tech20 nology, the environment, and economic development. 

21 (2) PROCUREMENT OF TEMPORARY AND INTER22 MITTENT SERVICES.—After consultation with the 

23 Authority, the Director shall procure temporary and 

24 intermittent services under section 3109(b) of title 

25 5, United States Code, of the individuals selected by 
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1 the Authority under paragraph (1) of this sub2 section. The rate of pay for any such individual may 

3 not exceed the daily equivalent of the annual rate of 

4 basic pay prescribed for level V of the Executive 

5 Schedule under section 5316 of title 5, United 

6 States Code. 

7 (3) EMPLOYEES.—After consultation with the 

8 Authority, the Director shall employ individuals se9 lected by the Authority under paragraph (1). 

10 (4) ASSISTANCE.—To the extent practicable, 

11 the consultants and employees under this subsection 

12 shall provide local officials with technical assistance 

13 and consultation on local efforts. 

14 (o) DETAILEES.—Any Federal employee may be de15 tailed to the Authority with reimbursement, and such de16 tail shall be without interruption or loss of civil service 

17 status or privilege. Federal agencies shall provide detailees 

18 to the Authority at the request of the Authority to the 

19 extent feasible. 

20 (p) USE OF FEDERAL AGENCY EXPERTISE.—The 

21 Authority shall consult with the heads of agencies, and 

22 other Federal officials as necessary in the preparation of 

23 the comprehensive plan, and the heads of those agencies 

24 shall consult with the Authority as requested. Federal 
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1 agencies shall provide expertise to the Authority to the ex2 tent feasible. 

3 (q) AREAS ADDRESSED BY COMPREHENSIVE

4 PLAN.—The comprehensive plan shall address the fol5 lowing areas of redevelopment: 

6 (1) Water Management: 

7 (A) Design improvements and placement of 

8 water control facilities (including drainage 

9 channels, pumping facilities, levees and bar10 riers). 

11 (B) Design improvements and repair of 

12 water treatment and delivery systems and sew13 age collection and treatment facilities. 

14 (2) Environmental Restoration: 

15 (A) A long-term coastal restoration plan, 

16 including the restoration of coastal wetlands 

17 and barrier islands that are natural flood con18 trol systems to prevent erosion and flood dam19 ages. 

20 (B) Land and water resource conservation. 

21 (3) Transportation: 

22 (A) Priorities and criteria for demolishing 

23 and rebuilding damaged bridges, roads and 

24 highways. 
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1 (B) Identification of appropriate placement 

2 of bridges, roads, and highways that takes into 

3 consideration daily traffic flow as well as future 

4 evacuation requirements and susceptibility to 

5 hurricane damage. 

6 (C) Adequate public transportation facili7 ties connected to regional transportation net8 works that takes into consideration daily trans9 portation needs of residents and evacuation re10 quirements for residents without personal vehi11 cles. 

12 (D) Airport reconstruction including run13 way layouts, and connections to public transit, 

14 roads and highways. 

15 (E) Priorities and criteria for rebuilding 

16 freight rail and freight terminals. 

17 (4) Ports: 

18 (A) Design standards for rebuilding port 

19 facilities. 

20 (B) A plan for working with private enti21 ties to rebuild port facilities including berths, 

22 storage facilities, navigation channels, and 

23 docks. 
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1 (C) Identification of the need for improved 

2 security technologies available for port security 

3 screening. 

4 (5) Housing: 

5 (A) Criteria for demolition of damaged 

6 housing, restoration of housing where advisable, 

7 and development of newly built housing. 

8 (B) Design improvement standards for 

9 housing that can minimize damage from a fu10 ture hurricane. 

11 (C) A plan for working with private enti12 ties and nonprofit organizations to facilitate re13 building an adequate supply of housing that is 

14 affordable to residents of all incomes displaced 

15 by Hurricane Katrina and Hurricane Rita. 

16 (6) Schools: 

17 (A) Priorities and criteria for rebuilding 

18 schools where advisable and construction of re19 placement schools where necessary. 

20 (B) Design improvement standards for 

21 schools that need to be rebuilt that include, 

22 where advisable and cost effective, state of the 

23 art information technology infrastructure. 

24 (7) Hospitals and Other Public Health Care 

25 Facilities: 
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1 (A) Design improvement standards for 

2 hospitals that will be rebuilt that includes state 

3 of the art information technology infrastruc4 ture. 

5 (B) Design standards for health care facili6 ties to withstand and continue operation during 

7 a future hurricane. 

8 (8) Utility Infrastructure: A plan for working 

9 with private entities that serve the public to ensure 

10 utility coverage of redeveloped areas with tele11 communication services, including broadband access, 

12 and energy and electricity generation and distribu13 tion. 

14 (9) Employment and Training: 

15 (A) A plan for the training of residents of 

16 the affected communities in job skills that will 

17 be required in the region. 

18 (B) Priority for jobs for residents of the 

19 affected communities created by reconstruction 

20 programs funded by the Gulf Coast Agency to 

21 the extent practicable. 

22 (10) Other Public Facilities: 

23 (A) A plan for the rebuilding of public 

24 buildings and facilities, and for buildings and 

25 facilities of nonprofit organizations that serve a 
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1 public function open to all residents within com2 munities. 

3 (B) A plan for the rebuilding of museums 

4 and other facilities operated by nonprofit orga5 nizations that are used to preserve and promote 

6 the historic, cultural, musical and artistic tradi7 tions of the affected areas. 

8 (r) EXPEDITING THE REBUILDING PROCESS.—The 

9 Authority shall— 

10 (1) consider whether it is necessary to waive or 

11 modify any Federal, State, or local law relating to 

12 the environment, land use, or the permitting of con13 struction projects in order to expedite reconstruction 

14 within the Gulf Coast region; and 

15 (2) make appropriate recommendations in the 

16 comprehensive plan relating to the waiver or modi17 fication of such laws. 

18 (s) PLANNING PRINCIPLES.—In developing and im19 plementing the comprehensive plan, the Authority and the 

20 Gulf Coast Agency shall take into consideration the fol21 lowing planning principles: 

22 (1) Provide substantial opportunities for area 

23 residents to participate in the planning process. 

24 (2) All public structures should be designed to 

25 withstand a category 5 hurricane. 
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1 (3) Preserve the unique historical, cultural, and 

2 architectural character of communities to the max3 imum extent possible. 

4 (4) Infrastructure should be developed to mini5 mize the impact of future hurricanes. 

6 (5) Infrastructure should be developed to im7 prove economic opportunity for the region and its 

8 residents. 

9 (6) Transportation infrastructure should be de10 signed and built with future evacuation needs in 

11 mind. 

12 (7) Establish systems to maintain infrastruc13 ture over time and accommodate growth in the re14 gion. 

15 (8) Promote access to housing, transportation, 

16 jobs and schools to residents of all incomes that ac17 commodates economic and social integration. 

18 (9) Promote energy efficient design. 

19 (10) Promote transit oriented development in 

20 metropolitan areas. 

21 (11) Promote innovations in public-private part22 nerships. 

23 (12) Promote efficient and cost-effective re24 building efforts. 
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1 (13) Promote involvement of the private sector 

2 and nonprofit organizations to broaden participation 

3 and help control costs to the Federal Government. 

4 (t) COLLABORATION WITH LOCAL GOVERNMENT, 

5 NONPROFIT ORGANIZATIONS, AND PRIVATE ENTITIES.— 

6 (1) IN GENERAL.—Throughout the process of 

7 developing a comprehensive plan, the Authority and 

8 the planning staff of the Authority shall work with 

9 local government officials, nonprofit organizations 

10 and private entities with a stake in the redevelop11 ment of the region. 

12 (2) INDIVIDUALS AND ENTITIES.—Individuals 

13 and entities shall include— 

14 (A) State and local government officials; 

15 (B) community based nonprofit organiza16 tions; 

17 (C) chambers of commerce and business 

18 community leaders; 

19 (D) school superintendents, parent and 

20 teacher associations; 

21 (E) environmental groups; 

22 (F) real estate and construction industries, 

23 both nonprofit organizations and for-profit enti24 ties; 

25 (G) social service providers; 
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1 (H) emergency relief and disaster planning 

2 nonprofit organizations; 

3 (I) labor organizations; 

4 (J) utility companies; 

5 (K) hospital administrators and practi6 tioners; and 

7 (L) insurance companies. 

8 (u) NONAPPLICABILITY OF CERTAIN PROVISIONS.— 

9 The Authority shall not be construed to be an agency for 

10 purposes of chapter 5 of title 5, United States Code, and 

11 such chapter shall not be construed to apply to the Gulf 

12 Coast Agency with respect to the Authority. The Federal 

13 Advisory Committee Act (5 U.S.C. App.) shall not apply 

14 to the Authority. 

15 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

16 There are authorized to be appropriated such sums 

17 as necessary to carry out this Act. 

18 SEC. 9. TERMINATION OF OFFICE. 

19 (a) IN GENERAL.—The Office and position of Direc20 tor shall terminate 3 years after the date of enactment 

21 of this Act. 

22 (b) EXTENSION OF TERMINATION.— 

23 (1) IN GENERAL.—The President may extend 

24 the date of termination under subsection (a) in ac25 cordance with this subsection. 
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1 (2) CONDITIONS OF EXTENSION.—Any exten2 sion of termination under this subsection— 

3 (A) shall not be effective for any period oc4 curring 6 years after the date of enactment of 

5 this Act; 

6 (B) may not apply retroactively if the Of7 fice and the position of Director have already 

8 terminated under this section; 

9 (C) shall not be effective unless 6 months 

10 before the date on which a termination would 

11 occur the President submits a notice to Con12 gress of a determination to extend the termi13 nation and setting forth the length of the exten14 sion; and 

15 (D) subject to subparagraph (A), may be 

16 made only for a 1-year period, 2-year period, or 

17 3-year period. 

Æ