To ensure the evacuation of individuals with special needs in times of emergency.

September 12, 2005

Mr. OBAMA (for himself, Mr. BAYH, Mr. HARKIN, Mr. LEVIN, Mr. CORZINE, Mr. FEINGOLD, Mr. BINGAMAN, Mr. KENNEDY, Mrs. MURRAY, and Mr. SALAZAR) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

To ensure the evacuation of individuals with special needs in times of emergency.

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

SECTION 1. FINDINGS AND PURPOSE.

(a) Findings- Congress makes the following findings:

(1) The catastrophic Hurricane Katrina, which hit the Gulf Coast of the United States, caused massive damage to the States of Louisiana, Mississippi, and Alabama.

(2) The total loss of life in the area is still unknown. The economic loss is still uncalculated, but is estimated to be in the tens to hundreds of billions of dollars.

(3) Many of the lives lost to the hurricane and the flooding that ensued could have been prevented had everyone been evacuated before the hurricane came ashore.

(4) Many of those people who were not evacuated lacked the resources to evacuate. Many of those people who lacked the resources to evacuate did not have access to any means of transportation to evacuate. They had neither a vehicle nor the funding to pay for transportation out of the threatened areas. They did not have access to, nor could they afford, temporary accommodations outside the threatened areas.

(5) Many elderly and disabled individuals, including those in hospitals and nursing homes, were physically incapable of leaving on their own.

(6) In St. Bernard Parish, Louisiana, an estimated 32 of 60 residents in the St. Rita nursing home perished in the rising flood waters in the aftermath of Hurricane Katrina.

(7) A more effective pre-disaster and post-disaster plan for evacuation that addressed the requirements of those with special needs, such as those without transportation or those with physical disabilities, could have helped save lives.

(b) Purpose- The purpose of this Act is to ensure the preparation of communities for future natural, accidental, or deliberate disasters by ensuring that the States prepare for the evacuation of individuals with special needs.

SEC. 2. EVACUATION PLANS FOR INDIVIDUALS WITH SPECIAL NEEDS.

The Secretary of Homeland Security shall, acting through the Office of State and Local Government Coordination and Preparedness, take appropriate actions to ensure that each State, in its Homeland Security Strategy or other homeland security plan, provides detailed and comprehensive information regarding its pre-disaster and post-disaster plans for the evacuation of individuals with special needs, including low-income individuals and families, disabled individuals, the homeless, individuals who do not speak English, and the elderly, in emergencies that would warrant their evacuation, including plans for the provision of food, water, and shelter for evacuees.

SEC. 3. REPORT TO CONGRESS.

Not later than one year after the date of enactment of this Act, the Secretary of Homeland Security shall submit to Congress a report setting forth the plans of the States to evacuate individuals with special needs in emergencies that would warrant their evacuation. The report shall include a discussion of--

(1) whether or not the States have the resources necessary to implement fully their evacuation plans; and

(2) the manner in which the plans of the States are integrated with the response plans of the Federal Government for emergencies that would require the evacuation of individuals with special needs.

END