I 

110TH CONGRESS 

1ST SESSION H. R. 1052 

To provide an option to proceed with an action in any Federal court to 

recover actual damages for physical or property damage in a major 

disaster that proximately results from the failure or negligence of the 

Army Corps of Engineers in the design, construction, or maintenance 

of a project for which the Corps is legally responsible. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 14, 2007 

Mr. JEFFERSON (for himself, Mr. MELANCON, Ms. KILPATRICK, Mr. 

HASTINGS of Florida, Ms. JACKSON-LEE of Texas, Mr. BISHOP of Georgia, Ms. LEE, Mr. CLAY, Ms. MILLENDER-MCDONALD, Mr. WATT, Ms. 

EDDIE BERNICE JOHNSON of Texas, Mr. WYNN, Ms. NORTON, Mr. 

BUTTERFIELD, and Mrs. CHRISTENSEN) introduced the following bill; 

which was referred to the Committee on the Judiciary, and in addition 

to the Committee on Transportation and Infrastructure, for a period to 

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To provide an option to proceed with an action in any Federal court to recover actual damages for physical or 

property damage in a major disaster that proximately 

results from the failure or negligence of the Army Corps 

of Engineers in the design, construction, or maintenance 

of a project for which the Corps is legally responsible. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Federal Engineering 

3 Accountability Act of 2007’’. 

4 SEC. 2. CIVIL LIABILITY. 

5 (a) IN GENERAL.—Notwithstanding section 2680(a) 

6 of title 28, United States Code, and section 3 of the Flood 

7 Control Act of 1928 (33 U.S.C. 702c), and subject to sub8 section (b), an action may be brought only in a Federal 

9 court for actual, not punitive, damages against the Army 

10 Corps of Engineers for the failure or negligence by the 

11 Corps to design, construct, or maintain a project, ad12 versely impacted in a major disaster, for which the Corps 

13 is legally responsible. 

14 (b) DETERMINATION OF LIABILITY.—An action 

15 brought under subsection (a) for monetary damages for 

16 injury or loss of property, or personal injury or death may 

17 proceed only if a claimant can demonstrate that— 

18 (1) the Corps admitted by statement or in writ19 ing that it failed or was negligent in designing, con20 structing, or maintaining a project, adversely im21 pacted by a major disaster, for which it was legally 

22 responsible; or 

23 (2) the independent Commission established 

24 under section 3 makes a determination that the 

25 Corps failed or was negligent in designing, con26 structing, or maintaining a project, adversely imVerDate Aug 31 2005 00:30 Feb 18, 2007 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1052.IH H1052

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1 pacted by the major disaster, for which the Corps 

2 was legally responsible. 

3 SEC. 3. COMMISSION. 

4 (a) ESTABLISHMENT.—There is hereby established a 

5 Commission to be known as the Federal Engineering Ac6 countability Commission. 

7 (b) DUTIES.— 

8 (1) INITIAL DUTIES.—Not later than 60 days 

9 after a major disaster, the Commission shall begin 

10 an investigation to determine if the Corps failed or 

11 was negligent in designing, constructing, or main12 taining a project, adversely impacted by such dis13 aster, for which the Corps was legally responsible. 

14 (2) INTERIM DUTIES.—Not later than 12 

15 months after a major disaster, the Committee shall 

16 complete its investigation under paragraph (1). 

17 (3) REPORT.—Not later than 15 months after 

18 a major disaster, the Commission shall submit a re19 port to the Secretary of the Army and the Secretary 

20 of the Department of Homeland Security regarding 

21 the findings of its investigation. 

22 (c) MEMBERSHIP.—The Commission shall be com23 posed of 7 members appointed by the President by and 

24 with the consent of the Senate. 


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1 (d) QUALIFICATIONS.—In appointing individuals to 

2 the Commission, the President shall consider— 

3 (1) for appointment individuals who are experts 

4 in the field of civil engineering, water management, 

5 flood protection, or in another related area; 

6 (2) the appointment of not more than 2 mem7 bers who have ever worked for the Army Corps of 

8 Engineers; 

9 (3) no appointment of a current employee of 

10 the Army Corps of Engineers or the Department of 

11 Homeland Security. 

12 (e) TERMS OF APPOINTMENT.—Each member shall 

13 be appointed for a term of 5 years and terms may be re14 newed for an unlimited number of additional 5-year terms. 

15 (f) QUORUM.—At least 3 members of the Commission 

16 are necessary to conduct an investigation after a major 

17 disaster and to make a determination regarding the failure 

18 or negligence of the Corps in designing, constructing, or 

19 maintaining a project for which it is legally responsible. 

20 (g) TRAVEL EXPENSES.—Each member shall receive 

21 travel expenses, including per diem in lieu of subsistence, 

22 in accordance with the applicable provisions under sub23 chapter I of chapter 57 of title 5, United States Code. 

24 (h) MEETINGS.—No later than 60 days after the oc25 currence of a major disaster, the members shall convene 


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1 and begin its investigation and may meet as often as the 

2 members consider necessary during the 12-month period 

3 following the major disaster. 

4 (i) SUBPOENA POWER.— 

5 (1) IN GENERAL.—The Commission may issue 

6 subpoenas requiring the attendance and testimony of 

7 witnesses and the production of any evidence relat8 ing to any matter under investigation by the Com9 mission. The attendance of witnesses and the pro10 duction of evidence may be required from any place 

11 within at any designated place of hearing within the 

12 United States. 

13 (2) FAILURE TO OBEY A SUBPOENA.—If a per14 son refuses to obey a subpoena issued under para15 graph (1), the Commission may apply to a United 

16 States district court for an order requiring that per17 son to appear before the Commission to give testi18 mony, produce evidence, or both, relating to the 

19 matter under investigation. The application may be 

20 made within the judicial district where the hearing 

21 is conducted or where that person is found, resides, 

22 or transacts business. Any failure to obey the order 

23 of the court may be punished by the court as civil 

24 contempt. 


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1 (3) SERVICE OF SUBPOENAS.—The subpoenas 

2 of the Commission shall be served in the manner 

3 provided for subpoenas issued by a United States 

4 district court under the Federal Rules of Civil Pro5 cedure for the United States district courts. 

6 (4) SERVICE OF PROCESS.—All process of any 

7 Federal court to which application is made under 

8 paragraph (2) may be served in the judicial district 

9 in which the person required to be served resides or 

10 may be found. 

11 (j) IMMUNITY.—Except as provided in this sub12 section, a person may not be excused from testifying or 

13 from producing evidence pursuant to a subpoena on the 

14 ground that the testimony or evidence required by the sub15 poena may tend to incriminate or subject that person to 

16 criminal prosecution. A person, after having claimed the 

17 privilege against self-incrimination, may not be criminally 

18 prosecuted by reason of any transaction, matter, or thing 

19 which that person is compelled to testify about or produce 

20 evidence relating to, except that the person may be pros21 ecuted for perjury committed during the testimony or 

22 made in the evidence. 


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1 SEC. 4. TIME FOR COMMENCING ACTION AGAINST THE 

2 CORPS. 

3 Every civil action commenced against the Army 

4 Corps of Engineers under section 2(a) shall be barred un5 less the complaint is filed with 24 months after the earlier 

6 of the date in which— 

7 (1) the Corps admitted by statement or in writ8 ing that it failed or was negligent in designing, con9 structing, or maintaining a project, adversely im10 pacted by a major disaster, for which it was legally 

11 responsible; or 

12 (2) an independent commission established 

13 under section 3 makes a determination that the 

14 Corps failed or was negligent in designing, con15 structing, or maintaining a project, adversely im16 pacted by the major disaster, for which the Corps 

17 was legally responsible. 

18 SEC. 5. NO STANDING. 

19 No State or local government shall have standing to 

20 bring an action under this Act. No insurance company 

21 shall have standing to bring an action under this Act to 

22 the extent that such insurance company’s claim is founded 

23 in indemnity or recovery of claims the company has paid. 

24 SEC. 6. BENEFITS. 

25 A court shall not hear evidence or reduce an award 

26 made under this Act for any amounts the claimant reVerDate Aug 31 2005 00:30 Feb 18, 2007 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1052.IH H1052

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1 ceived from another party for injury or damages sustained 

2 in a major disaster proximately caused by the failure or 

3 negligence of the Army Corps of Engineers in the design, 

4 construction, or maintenance of a project, adversely im5 pacted by a major disaster, for which the Corps is legally 

6 responsible. 

7 SEC. 7. NO SUBROGATION. 

8 An insurance company shall not have the right to 

9 seek subrogation for a claim. 

10 SEC. 8. MOTION FOR MANDAMUS. 

11 If the Commission fails to meet the deadlines speci12 fied in this Act, a claimant may bring a motion to seek 

13 mandamus against the Commission. 

14 SEC. 9. DEFINITIONS. 

15 For purposes of this Act the following terms apply: 

16 (1) The term ‘‘Commission’’ means the Federal 

17 Engineering Accountability Commission established 

18 under section 3. 

19 (2) The term ‘‘Corps’’ means the Army Corps 

20 of Engineers. 

21 (3) The term ‘‘major disaster’’ has the same 

22 meaning given such term in section 102 of the Rob23 ert T. Stafford Disaster Relief and Emergency As24 sistance Act (42 U.S.C. 5122). 

Æ 


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