I 
109TH CONGRESS 
2D SESSION 
H. R. 6081 
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 
SEPTEMBER 14, 2006 
Mr. JEFFERSON introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committee on Transpor-
tation and Infrastructure, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To provide an option to proceed with an action in any Fed-
eral 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Engineering 
Accountability Act of 2006’’. 
SEC. 2. CIVIL LIABILITY. 
(a) IN GENERAL.—Notwithstanding section 2680(a) 
of title 28, United States Code, and section 3 of the Flood 
Control Act of 1928 (33 U.S.C. 702c), and subject to sub-
section (b), an action may be brought only in a Federal 
court for actual, not punitive, damages against the Army 
Corps of Engineers for the failure or negligence by the 
Corps to design, construct, or maintain a project, ad-
versely impacted in a major disaster, for which the Corps 
is legally responsible. 
(b) DETERMINATION
OF
LIABILITY.—An action 
brought under subsection (a) for monetary damages for 
injury or loss of property, or personal injury or death may 
proceed only if a claimant can demonstrate that— 
(1) the Corps admitted by statement or in writ-
ing that it failed or was negligent in designing, con-
structing, or maintaining a project, adversely im-
pacted by a major disaster, for which it was legally 
responsible; or 
(2) the independent Commission established 
under section 3 makes a determination that the 
Corps failed or was negligent in designing, con-
structing, or maintaining a project, adversely im-
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pacted by the major disaster, for which the Corps 
was legally responsible. 
SEC. 3. COMMISSION. 
(a) ESTABLISHMENT.—There is hereby established a 
Commission to be known as the Federal Engineering Ac-
countability Commission. 
(b) DUTIES.— 
(1) INITIAL DUTIES.—Not later than 60 days 
after a major disaster, the Commission shall begin 
an investigation to determine if the Corps failed or 
was negligent in designing, constructing, or main-
taining a project, adversely impacted by such dis-
aster, for which the Corps was legally responsible. 
(2) INTERIM
DUTIES.—Not later than 12 
months after a major disaster, the Committee shall 
complete its investigation under paragraph (1). 
(3) REPORT.—Not later than 15 months after 
a major disaster, the Commission shall submit a re-
port to the Secretary of the Army and the Secretary 
of the Department of Homeland Security regarding 
the findings of its investigation. 
(c) MEMBERSHIP.—The Commission shall be com-
posed of 7 members appointed by the President by and 
with the consent of the Senate. 
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(d) QUALIFICATIONS.—In appointing individuals to 
the Commission, the President shall consider— 
(1) for appointment individuals who are experts 
in the field of civil engineering, water management, 
flood protection, or in another related area; 
(2) the appointment of not more than 2 mem-
bers who have ever worked for the Army Corps of 
Engineers; 
(3) no appointment of a current employee of 
the Army Corps of Engineers or the Department of 
Homeland Security. 
(e) TERMS OF APPOINTMENT.—Each member shall 
be appointed for a term of 5 years and terms may be re-
newed for an unlimited number of additional 5-year terms. 
(f) QUORUM.—At least 3 members of the Commission 
are necessary to conduct an investigation after a major 
disaster and to make a determination regarding the failure 
or negligence of the Corps in designing, constructing, or 
maintaining a project for which it is legally responsible. 
(g) TRAVEL EXPENSES.—Each member shall receive 
travel expenses, including per diem in lieu of subsistence, 
in accordance with the applicable provisions under sub-
chapter I of chapter 57 of title 5, United States Code. 
(h) MEETINGS.—No later than 60 days after the oc-
currence of a major disaster, the members shall convene 
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and begin its investigation and may meet as often as the 
members consider necessary during the 12-month period 
following the major disaster. 
(i) SUBPOENA POWER.— 
(1) IN GENERAL.—The Commission may issue 
subpoenas requiring the attendance and testimony of 
witnesses and the production of any evidence relat-
ing to any matter under investigation by the Com-
mission The attendance of witnesses and the produc-
tion of evidence may be required from any place 
within at any designated place of hearing within the 
United States. 
(2) FAILURE TO OBEY A SUBPOENA.—If a per-
son refuses to obey a subpoena issued under para-
graph (1), the Commission may apply to a United 
States district court for an order requiring that per-
son to appear before the Commission to give testi-
mony, produce evidence, or both, relating to the 
matter under investigation. The application may be 
made within the judicial district where the hearing 
is conducted or where that person is found, resides, 
or transacts business. Any failure to obey the order 
of the court may be punished by the court as civil 
contempt. 
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