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‘‘(i) NOTICE
AND
COMMENT.—The Ad-
ministrator of the Federal Emergency Manage-
ment Agency may waive notice and comment 
rulemaking with respect to rules to carry out 
this section, if the Administrator determines 
doing so is necessary to expeditiously imple-
ment this section, and may carry out this sec-
tion as a pilot program until such regulations 
are promulgated. 
‘‘(ii) FINAL
RULE.—Not later than 2 
years after the date of enactment of this para-
graph, the Administrator of the Federal Emer-
gency Management Agency shall issue final 
regulations to implement this subsection as 
amended by the Disaster Recovery Reform Act 
of 2018. 
‘‘(iii) WAIVER AND EXPIRATION.—The au-
thority under clause (i) and any pilot program 
implemented pursuant to such clause shall ex-
pire 2 years after the date of enactment of this 
paragraph or upon issuance of final regulations 
pursuant to clause (ii), whichever occurs soon-
er.’’. 
(b) REIMBURSEMENT.—The Federal Emergency Man-
agement Agency (FEMA) shall reimburse State and local
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•HRES 1082 EH 
units of government (for requests received within a period of 
3 years after the declaration of a major disaster under sec-
tion 401 of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5170)) upon determination 
that a locally implemented housing solution, implemented by 
State or local units of government— 
(1) costs 50 percent of comparable FEMA solution 
or whatever the locally implemented solution costs, 
whichever is lower; 
(2) complies with local housing regulations and or-
dinances; and 
(3) the housing solution was implemented within 90 
days of the disaster. 
SEC. 1212. ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS. 
Section 408(h) of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5174(h)) is 
amended— 
(1) in paragraph (1), by inserting ‘‘, excluding fi-
nancial assistance to rent alternate housing accommoda-
tions under subsection (c)(1)(A)(i) and financial assist-
ance to address other needs under subsection (e)’’ after 
‘‘disaster’’; 
(2) by redesignating paragraph (2) as paragraph 
(3); 
(3) by inserting after paragraph (1) the following:
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•HRES 1082 EH 
‘‘(2) OTHER NEEDS ASSISTANCE.—The maximum 
financial assistance any individual or household may re-
ceive under subsection (e) shall be equivalent to the 
amount set forth in paragraph (1) with respect to a sin-
gle major disaster.’’; 
(4) in paragraph (3) (as so redesignated), by strik-
ing ‘‘paragraph (1)’’ and inserting ‘‘paragraphs (1) and 
(2)’’; and 
(5) by inserting after paragraph (3) (as so redesig-
nated) the following: 
‘‘(4) EXCLUSION OF NECESSARY EXPENSES FOR IN-
DIVIDUALS WITH DISABILITIES.— 
‘‘(A) IN GENERAL.—The maximum amount of 
assistance established under paragraph (1) shall ex-
clude expenses to repair or replace damaged accessi-
bility-related improvements under paragraphs (2), 
(3), and (4) of subsection (c) for individuals with 
disabilities. 
‘‘(B) OTHER NEEDS ASSISTANCE.—The max-
imum amount of assistance established under para-
graph (2) shall exclude expenses to repair or replace 
accessibility-related personal property under sub-
section (e)(2) for individuals with disabilities.’’.
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•HRES 1082 EH 
SEC. 1213. MULTIFAMILY LEASE AND REPAIR ASSISTANCE. 
(a) LEASE AND REPAIR OF RENTAL UNITS FOR TEM-
PORARY HOUSING.—Section 408(c)(1)(B)(ii)(II) of the Rob-
ert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5174(c)(1)(B)(ii)(II)) is amended to read as 
follows: 
‘‘(II) IMPROVEMENTS OR REPAIRS.— 
Under the terms of any lease agreement 
for property entered into under this sub-
section, the value of the improvements or 
repairs shall be deducted from the value 
of the lease agreement.’’. 
(b) 
RENTAL
PROPERTIES
IMPACTED.—Section 
408(c)(1)(B)(ii)(I)(aa) of the Robert T. Stafford Disaster Re-
lief 
and 
Emergency 
Assistance 
Act 
(42 
U.S.C. 
5174(c)(1)(B)(ii)(I)(aa)) is amended to read as follows: 
‘‘(aa) enter into lease agree-
ments with owners of multifamily 
rental property impacted by a major 
disaster or located in areas covered 
by a major disaster declaration to 
house individuals and households eli-
gible for assistance under this sec-
tion; and’’.
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•HRES 1082 EH 
and any other administrative expense associated with’’; 
and 
(2) in subsection (b)— 
(A) by striking ‘‘Notwithstanding’’ and insert-
ing the following: 
‘‘(1) IN GENERAL.—Notwithstanding’’; 
(B) in paragraph (1), as added by subpara-
graph (A), by striking ‘‘establish’’ and inserting 
‘‘implement’’; and 
(C) by adding at the end the following: 
‘‘(2) SPECIFIC MANAGEMENT COSTS.—The Admin-
istrator of the Federal Emergency Management Agency 
shall provide the following percentage rates, in addition 
to the eligible project costs, to cover direct and indirect 
costs of administering the following programs: 
‘‘(A) HAZARD MITIGATION.—A grantee under 
section 404 may be reimbursed not more than 15 
percent of the total amount of the grant award 
under such section of which not more than 10 per-
cent may be used by the grantee and 5 percent by 
the subgrantee for such costs. 
‘‘(B) PUBLIC ASSISTANCE.—A grantee under 
sections 403, 406, 407, and 502 may be reimbursed 
not more than 12 percent of the total award 
amount under such sections, of which not more
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•HRES 1082 EH 
than 7 percent may be used by the grantee and 5 
percent by the subgrantee for such costs.’’. 
SEC. 1216. FLEXIBILITY. 
(a) WAIVER AUTHORITY.— 
(1) DEFINITION.—In this subsection, the term 
‘‘covered assistance’’ means assistance provided— 
(A) under section 408 of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5174); and 
(B) in relation to a major disaster or emer-
gency declared by the President under section 401 
or 501, respectively, of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 
U.S.C. 5170, 5191) on or after October 28, 2012. 
(2) AUTHORITY.—Notwithstanding section 3716(e) 
of title 31, United States Code, the Administrator— 
(A) subject to subparagraph (B), may waive a 
debt owed to the United States related to covered 
assistance provided to an individual or household 
if— 
(i) the covered assistance was distributed 
based on an error by the Agency; 
(ii) there was no fault on behalf of the 
debtor; and
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•HRES 1082 EH 
(iii) the collection of the debt would be 
against equity and good conscience; and 
(B) may not waive a debt under subparagraph 
(A) if the debt involves fraud, the presentation of 
a false claim, or misrepresentation by the debtor or 
any party having an interest in the claim. 
(3) MONITORING
OF
COVERED
ASSISTANCE
DIS-
TRIBUTED BASED ON ERROR.— 
(A) IN GENERAL.—The Inspector General of 
the Department of Homeland Security shall monitor 
the distribution of covered assistance to individuals 
and households to determine the percentage of such 
assistance distributed based on an error. 
(B) REMOVAL OF WAIVER AUTHORITY BASED 
ON EXCESSIVE ERROR RATE.—If the Inspector Gen-
eral of the Department of Homeland Security deter-
mines, with respect to any 12-month period, that 
the amount of covered assistance distributed based 
on an error by the Agency exceeds 4 percent of the 
total amount of covered assistance distributed— 
(i) the Inspector General shall notify the 
Administrator and publish the determination in 
the Federal Register; and 
(ii) with respect to any major disaster or 
emergency declared by the President under
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•HRES 1082 EH 
section 401 or section 501, respectively, of the 
Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5170; 42 
U.S.C. 5191) after the date on which the de-
termination is published under subparagraph 
(A), the authority of the Administrator to 
waive debt under paragraph (2) shall no longer 
be effective. 
(b) RECOUPMENT
OF CERTAIN ASSISTANCE PROHIB-
ITED.— 
(1) IN GENERAL.—Notwithstanding section 3716(e) 
of title 31, United States Code, and unless there is evi-
dence of civil or criminal fraud, the Agency may not take 
any action to recoup covered assistance from the recipi-
ent of such assistance if the receipt of such assistance 
occurred on a date that is more than 3 years before the 
date on which the Agency first provides to the recipient 
written notification of an intent to recoup. 
(2) COVERED ASSISTANCE DEFINED.—In this sub-
section, the term ‘‘covered assistance’’ means assistance 
provided— 
(A) under section 408 of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5174); and
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•HRES 1082 EH 
(B) in relation to a major disaster or emer-
gency declared by the President under section 401 
or 501, respectively, of such Act (42 U.S.C. 5170; 
42 U.S.C. 5191) on or after January 1, 2012. 
(c) STATUTE OF LIMITATIONS.— 
(1) IN GENERAL.—Section 705 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5205) is amended— 
(A) in subsection (a)(1)— 
(i) by striking ‘‘Except’’ and inserting 
‘‘Notwithstanding section 3716(e) of title 31, 
United States Code, and except’’; and 
(ii) by striking ‘‘report for the disaster or 
emergency’’ and inserting ‘‘report for project 
completion as certified by the grantee’’; and 
(B) in subsection (b)— 
(i) in paragraph (1) by striking ‘‘report 
for the disaster or emergency’’ and inserting 
‘‘report for project completion as certified by 
the grantee’’; and 
(ii) in paragraph (3) by inserting ‘‘for 
project completion as certified by the grantee’’ 
after ‘‘final expenditure report’’. 
(2) APPLICABILITY.—
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•HRES 1082 EH 
(A) IN GENERAL.—With respect to disaster or 
emergency assistance provided to a State or local 
government on or after January 1, 2004— 
(i) no administrative action may be taken 
to recover a payment of such assistance after 
the date of enactment of this Act if the action 
is prohibited under section 705(a)(1) of the 
Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5205(a)(1)), 
as amended by paragraph (1); and 
(ii) any administrative action to recover a 
payment of such assistance that is pending on 
such date of enactment shall be terminated if 
the 
action 
is 
prohibited 
under 
section 
705(a)(1) of that Act, as amended by para-
graph (1). 
(B) LIMITATION.—This section, including the 
amendments made by this section, may not be con-
strued to invalidate or otherwise affect any adminis-
tration action completed before the date of enact-
ment of this Act. 
SEC. 1217. ADDITIONAL DISASTER ASSISTANCE. 
(a) DISASTER MITIGATION.—Section 209 of the Public 
Works and Economic Development Act of 1965 (42 U.S.C. 
3149) is amended by adding at the end the following:
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•HRES 1082 EH 
‘‘(e) DISASTER MITIGATION.—In providing assistance 
pursuant to subsection (c)(2), if appropriate and as applica-
ble, the Secretary may encourage hazard mitigation in assist-
ance provided pursuant to such subsection.’’. 
(b) EMERGENCY MANAGEMENT ASSISTANCE COMPACT 
GRANTS.—Section 661(d) of the Post-Katrina Emergency 
Management Reform Act of 2006 (6 U.S.C. 761(d)) is 
amended by striking ‘‘for fiscal year 2008’’ and inserting ‘‘for 
each of fiscal years 2018 through 2022’’. 
(c) EMERGENCY MANAGEMENT PERFORMANCE GRANTS 
PROGRAM.—Section 662(f) of the Post-Katrina Emergency 
Management Reform Act of 2006 (6 U.S.C. 762(f)) is 
amended by striking ‘‘the program’’ and all that follows 
through ‘‘2012’’ and inserting ‘‘the program, for each of fis-
cal years 2018 through 2022’’. 
(d) TECHNICAL AMENDMENT.—Section 403(a)(3) of the 
Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5170b(a)(3)) is amended by striking the sec-
ond subparagraph (J). 
SEC. 1218. NATIONAL VETERINARY EMERGENCY TEAMS. 
(a) IN GENERAL.—The Administrator of the Federal 
Emergency Management Agency may establish one or more 
national veterinary emergency teams at accredited colleges of 
veterinary medicine.
649 
•HRES 1082 EH 
(b) RESPONSIBILITIES.—A national veterinary emer-
gency team shall— 
(1) deploy with a team of the National Urban 
Search and Rescue Response System to assist with— 
(A) veterinary care of canine search teams; 
(B) locating and treating companion animals, 
service animals, livestock, and other animals; and 
(C) surveillance and treatment of zoonotic dis-
eases; 
(2) recruit, train, and certify veterinary profes-
sionals, including veterinary students, in accordance with 
an established set of plans and standard operating 
guidelines to carry out the duties associated with plan-
ning for and responding to major disasters and emer-
gencies as described in paragraph (1); 
(3) assist State governments, Indian tribal govern-
ments, local governments, and nonprofit organizations in 
developing emergency management and evacuation plans 
that account for the care and rescue of animals and in 
improving local readiness for providing veterinary med-
ical response during an emergency or major disaster; 
and 
(4) coordinate with the Department of Homeland 
Security, the Department of Health and Human Serv-
ices, the Department of Agriculture, State, local, and In-
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•HRES 1082 EH 
dian tribal governments (including departments of ani-
mal and human health), veterinary and health care pro-
fessionals, and volunteers. 
SEC. 1219. RIGHT OF ARBITRATION. 
Section 423 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5189a) is amend-
ed by adding at the end the following: 
‘‘(d) RIGHT OF ARBITRATION.— 
‘‘(1) IN GENERAL.—Notwithstanding this section, 
an applicant for assistance under this title may request 
arbitration to dispute the eligibility for assistance or re-
payment of assistance provided for a dispute of more 
than $500,000 for any disaster that occurred after Jan-
uary 1, 2016. Such arbitration shall be conducted by the 
Civilian Board of Contract Appeals and the decision of 
such Board shall be binding. 
‘‘(2) REVIEW.—The Civilian Board of Contract Ap-
peals shall consider from the applicant all original and 
additional documentation, testimony, or other such evi-
dence supporting the applicant’s position at any time 
during arbitration. 
‘‘(3) RURAL AREAS.—For an applicant for assist-
ance in a rural area under this title, the assistance 
amount eligible for arbitration pursuant to this sub-
section shall be $100,000.
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•HRES 1082 EH 
‘‘(4) RURAL AREA DEFINED.—For the purposes of 
this subsection, the term ‘rural area’ means an area with 
a population of less than 200,000 outside an urbanized 
area. 
‘‘(5) ELIGIBILITY.—To participate in arbitration 
under this subsection, an applicant— 
‘‘(A) shall submit the dispute to the arbitration 
process established under the authority granted 
under section 601 of Public Law 111-5; and 
‘‘(B) may submit a request for arbitration 
after the completion of the first appeal under sub-
section (a) at any time before the Administrator of 
the Federal Emergency Management Agency has 
issued a final agency determination or 180 days 
after the Administrator’s receipt of the appeal if the 
Administrator has not provided the applicant with 
a final determination on the appeal. The applicant’s 
request shall contain documentation from the ad-
ministrative record for the first appeal and may 
contain additional documentation supporting the 
applicant’s position.’’. 
SEC. 1220. UNIFIED FEDERAL ENVIRONMENTAL AND HISTORIC 
PRESERVATION REVIEW. 
(a) REVIEW AND ANALYSIS.—Not later than 180 days 
after the date of enactment of this Act, the Administrator
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•HRES 1082 EH 
shall review the Unified Federal Environmental and Historic 
Preservation review process established pursuant to section 
429 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5189g), and submit a report to the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate that in-
cludes the following: 
(1) An analysis of whether and how the unified 
process has expedited the interagency review process to 
ensure compliance with the environmental and historic 
requirements under Federal law relating to disaster re-
covery projects. 
(2) A survey and analysis of categorical exclusions 
used by other Federal agencies that may be applicable 
to any activity related to a major disaster or emergency 
declared by the President under section 401 or 501, re-
spectively, of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170, 5191). 
(3) Recommendations on any further actions, in-
cluding any legislative proposals, needed to expedite and 
streamline the review process. 
(b) REGULATIONS.—After completing the review, survey, 
and analyses under subsection (a), but not later than 2 years 
after the date of enactment of this Act, and after providing
653 
•HRES 1082 EH 
notice and opportunity for public comment, the Administrator 
shall issue regulations to implement any regulatory rec-
ommendations, including any categorical exclusions identified 
under subsection (a), to the extent that the categorical exclu-
sions meet the criteria for a categorical exclusion under sec-
tion 1508.4 of title 40, Code of Federal Regulations, and sec-
tion II of DHS Instruction Manual 023–01–001–01. 
SEC. 1221. CLOSEOUT INCENTIVES. 
(a) FACILITATING CLOSEOUT.—Section 705 of the Rob-
ert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5205) is amended by adding at the end the 
following: 
‘‘(d) FACILITATING CLOSEOUT.— 
‘‘(1) INCENTIVES.—The Administrator of the Fed-
eral Emergency Management Agency may develop incen-
tives and penalties that encourage State, local, or Indian 
tribal governments to close out expenditures and activi-
ties on a timely basis related to disaster or emergency 
assistance. 
‘‘(2) AGENCY REQUIREMENTS.—The Federal Emer-
gency Management Agency shall, consistent with appli-
cable regulations and required procedures, meet its re-
sponsibilities to improve closeout practices and reduce 
the time to close disaster program awards.’’.
654 
•HRES 1082 EH 
(b) REGULATIONS.—The Administrator shall issue regu-
lations to implement the amendment made by this section. 
SEC. 1222. PERFORMANCE OF SERVICES. 
Section 306 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5149) is amended 
by adding at the end the following: 
‘‘(c) The Administrator of the Federal Emergency Man-
agement Agency is authorized to appoint temporary per-
sonnel, after serving continuously for 3 years, to positions in 
the Federal Emergency Management Agency in the same 
manner that competitive service employees with competitive 
status are considered for transfer, reassignment, or pro-
motion to such positions. An individual appointed under this 
subsection shall become a career-conditional employee, unless 
the employee has already completed the service requirements 
for career tenure.’’. 
SEC. 1223. STUDY TO STREAMLINE AND CONSOLIDATE INFOR-
MATION COLLECTION. 
Not later than 1 year after the date of enactment of this 
Act, the Administrator— 
(1) in coordination with the Small Business Admin-
istration, the Department of Housing and Urban Devel-
opment, the Disaster Assistance Working Group of the 
Council of the Inspectors General on Integrity and Effi-
ciency, and other appropriate agencies, conduct a study
655 
•HRES 1082 EH 
and develop a plan, consistent with law, under which the 
collection of information from disaster assistance appli-
cants and grantees will be modified, streamlined, expe-
dited, efficient, flexible, consolidated, and simplified to 
be less burdensome, duplicative, and time consuming for 
applicants and grantees; 
(2) in coordination with the Small Business Admin-
istration, the Department of Housing and Urban Devel-
opment, the Disaster Assistance Working Group of the 
Council of the Inspectors General on Integrity and Effi-
ciency, and other appropriate agencies, develop a plan 
for the regular collection and reporting of information on 
Federal disaster assistance awarded, including the estab-
lishment and maintenance of a website for presenting 
the information to the public; and 
(3) submit the plans developed under paragraphs 
(1) and (2) to the Committee on Transportation and In-
frastructure of the House of Representatives and the 
Committee on Homeland Security and Governmental Af-
fairs of the Senate. 
SEC. 1224. AGENCY ACCOUNTABILITY. 
Title IV of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170 et seq.) is 
amended by adding at the end the following:
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•HRES 1082 EH 
‘‘SEC. 430. AGENCY ACCOUNTABILITY. 
‘‘(a) PUBLIC ASSISTANCE.—Not later than 5 days after 
an award of a public assistance grant is made under section 
406 that is in excess of $1,000,000, the Administrator of the 
Federal Emergency Management Agency shall publish on the 
website of the Federal Emergency Management Agency the 
specifics of each such grant award, including— 
‘‘(1) identifying the Federal Emergency Manage-
ment Agency Region; 
‘‘(2) the disaster or emergency declaration number; 
‘‘(3) the State, county, and applicant name; 
‘‘(4) if the applicant is a private nonprofit organiza-
tion; 
‘‘(5) the damage category code; 
‘‘(6) the amount of the Federal share obligated; and 
‘‘(7) the date of the award. 
‘‘(b) MISSION ASSIGNMENTS.— 
‘‘(1) IN GENERAL.—Not later than 5 days after the 
issuance of a mission assignment or mission assignment 
task order, the Administrator of the Federal Emergency 
Management Agency shall publish on the website of the 
Federal Emergency Management Agency any mission as-
signment or mission assignment task order to another 
Federal department or agency regarding a major dis-
aster in excess of $1,000,000, including—
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•HRES 1082 EH 
‘‘(A) the name of the impacted State or Indian 
Tribe; 
‘‘(B) the disaster declaration for such State or 
Indian Tribe; 
‘‘(C) the assigned agency; 
‘‘(D) the assistance requested; 
‘‘(E) a description of the disaster; 
‘‘(F) the total cost estimate; 
‘‘(G) the amount obligated; 
‘‘(H) the State or Indian tribal government 
cost share, if applicable; 
‘‘(I) the authority under which the mission as-
signment or mission assignment task order was di-
rected; and 
‘‘(J) if applicable, the date a State or Indian 
Tribe requested the mission assignment. 
‘‘(2) RECORDING
CHANGES.—Not later than 10 
days after the last day of each month until a mission as-
signment or mission assignment task order described in 
paragraph (1) is completed and closed out, the Adminis-
trator of the Federal Emergency Management Agency 
shall update any changes to the total cost estimate and 
the amount obligated. 
‘‘(c) DISASTER RELIEF MONTHLY REPORT.—Not later 
than 10 days after the first day of each month, the Adminis-
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•HRES 1082 EH 
trator of the Federal Emergency Management Agency shall 
publish on the website of the Federal Emergency Manage-
ment Agency reports, including a specific description of the 
methodology and the source data used in developing such re-
ports, including— 
‘‘(1) an estimate of the amounts for the fiscal year 
covered by the President’s most recent budget pursuant 
to section 1105(a) of title 31, United States Code, in-
cluding— 
‘‘(A) the unobligated balance of funds to be 
carried over from the prior fiscal year to the budget 
year; 
‘‘(B) the unobligated balance of funds to be 
carried over from the budget year to the budget 
year plus 1; 
‘‘(C) the amount of obligations for noncata-
strophic events for the budget year; 
‘‘(D) the amount of obligations for the budget 
year for catastrophic events delineated by event and 
by State; 
‘‘(E) the total amount that has been previously 
obligated or will be required for catastrophic events 
delineated by event and by State for all prior years, 
the current fiscal year, the budget year, and each 
fiscal year thereafter;
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•HRES 1082 EH 
‘‘(F) the amount of previously obligated funds 
that will be recovered for the budget year; 
‘‘(G) the amount that will be required for obli-
gations for emergencies, as described in section 
102(1), major disasters, as described in section 
102(2), fire management assistance grants, as de-
scribed in section 420, surge activities, and disaster 
readiness and support activities; and 
‘‘(H) the amount required for activities not 
covered under section 251(b)(2)(D)(iii) of the Bal-
anced Budget and Emergency Deficit Control Act 
of 1985 (2 U.S.C. 901(b)(2)(D)(iii)); and 
‘‘(2) an estimate or actual amounts, if available, of 
the following for the current fiscal year, which shall be 
submitted not later than the fifth day of each month, 
published by the Administrator of the Federal Emer-
gency Management Agency on the website of the Federal 
Emergency Management Agency not later than the fifth 
day of each month: 
‘‘(A) A summary of the amount of appropria-
tions made available by source, the transfers exe-
cuted, the previously allocated funds recovered, and 
the commitments, allocations, and obligations made. 
‘‘(B) A table of disaster relief activity delin-
eated by month, including—
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•HRES 1082 EH 
‘‘(i) the beginning and ending balances; 
‘‘(ii) the total obligations to include 
amounts obligated for fire assistance, emer-
gencies, surge, and disaster support activities; 
‘‘(iii) the obligations for catastrophic 
events delineated by event and by State; and 
‘‘(iv) the amount of previously obligated 
funds that are recovered. 
‘‘(C) A summary of allocations, obligations, 
and expenditures for catastrophic events delineated 
by event. 
‘‘(D) The cost of the following categories of 
spending: 
‘‘(i) Public assistance. 
‘‘(ii) Individual assistance. 
‘‘(iii) Mitigation. 
‘‘(iv) Administrative. 
‘‘(v) Operations. 
‘‘(vi) Any other relevant category (includ-
ing emergency measures and disaster re-
sources) delineated by disaster. 
‘‘(E) The date on which funds appropriated 
will be exhausted. 
‘‘(d) CONTRACTS.—
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•HRES 1082 EH 
‘‘(1) INFORMATION.—Not later than 10 days after 
the first day of each month, the Administrator of the 
Federal Emergency Management Agency shall publish 
on the website of the Federal Emergency Management 
Agency the specifics of each contract in excess of 
$1,000,000 that the Federal Emergency Management 
Agency enters into, including— 
‘‘(A) the name of the party; 
‘‘(B) the date the contract was awarded; 
‘‘(C) the amount and scope of the contract; 
‘‘(D) if the contract was awarded through a 
competitive bidding process; 
‘‘(E) if no competitive bidding process was 
used, the reason why competitive bidding was not 
used; and 
‘‘(F) the authority used to bypass the competi-
tive bidding process. 
The information shall be delineated by disaster, if appli-
cable, and specify the damage category code, if applica-
ble. 
‘‘(2) REPORT.—Not later than 10 days after the 
last day of the fiscal year, the Administrator of the Fed-
eral Emergency Management Agency shall provide a re-
port to the appropriate committees of Congress summa-
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•HRES 1082 EH 
rizing the following information for the preceding fiscal 
year: 
‘‘(A) The number of contracts awarded without 
competitive bidding. 
‘‘(B) The reasons why a competitive bidding 
process was not used. 
‘‘(C) The total amount of contracts awarded 
with no competitive bidding. 
‘‘(D) The damage category codes, if applicable, 
for contracts awarded without competitive bidding. 
‘‘(e) COLLECTION OF PUBLIC ASSISTANCE RECIPIENT 
AND SUBRECIPIENT CONTRACTS.— 
‘‘(1) IN GENERAL.—Not later than 180 days after 
the date of enactment of this subsection, the Adminis-
trator of the Federal Emergency Management Agency 
shall initiate and maintain an effort to collect and store 
information, prior to the project closeout phase on any 
contract entered into by a public assistance recipient or 
subrecipient that through the base award, available op-
tions, or any subsequent modifications has an estimated 
value of more than $1,000,000 and is funded through 
section 324, 403, 404, 406, 407, 428, or 502, includ-
ing—
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•HRES 1082 EH 
‘‘(A) the disaster number, project worksheet 
number, and the category of work associated with 
each contract; 
‘‘(B) the name of each party; 
‘‘(C) the date the contract was awarded; 
‘‘(D) the amount of the contract; 
‘‘(E) the scope of the contract; 
‘‘(F) the period of performance for the con-
tract; and 
‘‘(G) whether the contract was awarded 
through a competitive bidding process. 
‘‘(2) 
AVAILABILITY
OF
INFORMATION
COL-
LECTED.—The Administrator of the Federal Emergency 
Management Agency shall make the information col-
lected and stored under paragraph (1) available to the 
Inspector General of the Department of Homeland Secu-
rity, the Government Accountability Office, and appro-
priate committees of Congress, upon request. 
‘‘(3) REPORT.—Not later than 365 days after the 
date of enactment of this subsection, the Administrator 
of the Federal Emergency Management Agency shall 
submit a report to the Committee on Homeland Security 
and Governmental Affairs of the Senate and the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives on the efforts of the Federal
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Emergency Management Agency to collect the informa-
tion described in paragraph (1).’’. 
SEC. 1225. AUDIT OF CONTRACTS. 
Notwithstanding any other provision of law, the Admin-
istrator of the Federal Emergency Management Agency shall 
not reimburse a State or local government, an Indian tribal 
government (as defined in section 102 of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5122), or the owner or operator of a private nonprofit 
facility (as defined in section 102 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5122) for any activities made pursuant to a contract entered 
into after August 1, 2017, that prohibits the Administrator 
or the Comptroller General of the United States from audit-
ing or otherwise reviewing all aspects relating to the contract. 
SEC. 1226. INSPECTOR GENERAL AUDIT OF FEMA CONTRACTS 
FOR TARPS AND PLASTIC SHEETING. 
(a) IN GENERAL.—Not later than 30 days after the date 
of enactment of this Act, the Inspector General of the De-
partment of Homeland Security shall initiate an audit of the 
contracts awarded by the Agency for tarps and plastic sheet-
ing for the Commonwealth of Puerto Rico and the United 
States Virgin Islands in response to Hurricane Irma and 
Hurricane Maria.
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(b) CONSIDERATIONS.—In carrying out the audit under 
subsection (a), the inspector general shall review— 
(1) the contracting process used by the Agency to 
evaluate offerors and award the relevant contracts to 
contractors; 
(2) the assessment conducted by the Agency of the 
past performance of the contractors, including any his-
torical information showing that the contractors had 
supported large-scale delivery quantities in the past; 
(3) the assessment conducted by the Agency of the 
capacity of the contractors to carry out the relevant con-
tracts, including with respect to inventory, production, 
and financial capabilities; 
(4) how the Agency ensured that the contractors 
met the terms of the relevant contracts; and 
(5) whether the failure of the contractors to meet 
the terms of the relevant contracts and the subsequent 
cancellation by the Agency of the relevant contracts af-
fected the provision of tarps and plastic sheeting to the 
Commonwealth of Puerto Rico and the United States 
Virgin Islands. 
(c) REPORT.—Not later than 270 days after the date of 
initiation of the audit under subsection (a), the inspector gen-
eral shall submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
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mittee on Homeland Security and Governmental Affairs of 
the Senate a report on the results of the audit, including 
findings and recommendations. 
SEC. 1227. RELIEF ORGANIZATIONS. 
Section 309 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5152) is amend-
ed— 
(1) in subsection (a), by striking ‘‘and other relief 
or’’ and inserting ‘‘long-term recovery groups, domestic 
hunger relief, and other relief, or’’; and 
(2) in subsection (b), by striking ‘‘and other relief 
or’’ and inserting ‘‘long-term recovery groups, domestic 
hunger relief, and other relief, or’’. 
SEC. 1228. GUIDANCE ON INUNDATED AND SUBMERGED ROADS. 
The Administrator of the Federal Emergency Manage-
ment Agency, in coordination with the Administrator of the 
Federal Highway Administration, shall develop and issue 
guidance for State, local, and Indian tribal governments re-
garding repair, restoration, and replacement of inundated 
and submerged roads damaged or destroyed by a major dis-
aster, and for associated expenses incurred by the Govern-
ment, with respect to roads eligible for assistance under sec-
tion 406 of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5172).
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SEC. 1229. EXTENSION OF ASSISTANCE. 
(a) IN GENERAL.—Notwithstanding any other provision 
of law, in the case of an individual eligible to receive unem-
ployment assistance under section 410(a) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5177(a)) as a result of a disaster declaration made for 
Hurricane Irma and Hurricane Maria in the Commonwealth 
of Puerto Rico and the United States Virgin Islands, the 
President shall make such assistance available for 52 weeks 
after the date of the disaster declaration effective as if en-
acted at the time of the disaster declaration. 
(b) NO ADDITIONAL FUNDS AUTHORIZED.—No addi-
tional funds are authorized to carry out the requirements of 
this section. 
SEC. 1230. GUIDANCE AND RECOMMENDATIONS. 
(a) GUIDANCE.—The Administrator shall provide guid-
ance to a common interest community that provides essential 
services of a governmental nature on actions that a common 
interest community may take in order to be eligible to receive 
reimbursement from a grantee that receives funds from the 
Agency for certain activities performed after an event that re-
sults in a major disaster declared by the President under sec-
tion 401 of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5170). 
(b) RECOMMENDATIONS.—Not later than 90 days after 
the date of enactment of this Act, the Administrator shall
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•HRES 1082 EH 
provide to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate 
a legislative proposal on how to provide eligibility for disaster 
assistance with respect to common areas of condominiums 
and housing cooperatives. 
(c) EFFECTIVE DATE.—This section shall be effective on 
the date of enactment of this Act. 
SEC. 1231. GUIDANCE ON HAZARD MITIGATION ASSISTANCE. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Administrator shall issue 
guidance regarding the acquisition of property for open space 
as a mitigation measure under section 404 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5170c) that includes— 
(1) a process by which the State hazard mitigation 
officer appointed for such an acquisition shall, not later 
than 60 days after the applicant for assistance enters 
into an agreement with the Administrator regarding the 
acquisition, provide written notification to each affected 
unit of local government for such acquisition that in-
cludes— 
(A) the location of the acquisition; 
(B) the State-local assistance agreement for 
the hazard mitigation grant program;
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•HRES 1082 EH 
(C) a description of the acquisition; and 
(D) a copy of the deed restriction; and 
(2) recommendations for entering into and imple-
menting a memorandum of understanding between units 
of local government and covered entities that includes 
provisions to allow an affected unit of local government 
notified under paragraph (1) to— 
(A) use and maintain the open space created 
by such a project, consistent with section 404 (in-
cluding related regulations, standards, and guid-
ance) and consistent with all adjoining property, 
subject to the notification of the adjoining property, 
so long as the cost of the maintenance is borne by 
the local government; and 
(B) maintain the open space pursuant to 
standards exceeding any local government standards 
defined in the agreement with the Administrator de-
scribed under paragraph (1). 
(b) DEFINITIONS.—In this section: 
(1) AFFECTED UNIT OF LOCAL GOVERNMENT.—The 
term ‘‘affected unit of local government’’ means any en-
tity covered by the definition of local government in sec-
tion 102 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5122), that has
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•HRES 1082 EH 
jurisdiction over the property subject to the acquisition 
described in subsection (a). 
(2) COVERED ENTITY.—The term ‘‘covered entity’’ 
means— 
(A) the grantee or subgrantee receiving assist-
ance for an open space project described in sub-
section (a); 
(B) the State in which such project is located; 
and 
(C) the applicable Regional Administrator of 
the Agency. 
SEC. 1232. LOCAL IMPACT. 
(a) IN GENERAL.—In making recommendations to the 
President regarding a major disaster declaration, the Admin-
istrator of the Federal Emergency Management Agency shall 
give greater consideration to severe local impact or recent 
multiple disasters. Further, the Administrator shall make 
corresponding adjustments to the Agency’s policies and regu-
lations regarding such consideration. Not later than 1 year 
after the date of enactment of this section, the Administrator 
shall report to the Committee on Transportation and Infra-
structure of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the Sen-
ate on the changes made to regulations and policies and the
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•HRES 1082 EH 
number of declarations that have been declared based on the 
new criteria. 
(b) EFFECTIVE DATE.—This section shall be effective on 
the date of enactment of this Act. 
SEC. 1233. ADDITIONAL HAZARD MITIGATION ACTIVITIES. 
Section 404 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5170c), as amend-
ed by this division, is further amended by adding at the end 
the following: 
‘‘(g) USE
OF ASSISTANCE
FOR EARTHQUAKE HAZ-
ARDS.—Recipients of hazard mitigation assistance provided 
under this section and section 203 may use the assistance to 
conduct activities to help reduce the risk of future damage, 
hardship, loss, or suffering in any area affected by earth-
quake hazards, including— 
‘‘(1) improvements to regional seismic networks in 
support of building a capability for earthquake early 
warning; 
‘‘(2) improvements to geodetic networks in support 
of building a capability for earthquake early warning; 
and 
‘‘(3) improvements to seismometers, Global Posi-
tioning System receivers, and associated infrastructure 
in support of building a capability for earthquake early 
warning.’’.
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SEC. 1234. NATIONAL PUBLIC INFRASTRUCTURE PREDISASTER 
HAZARD MITIGATION. 
(a) PREDISASTER HAZARD MITIGATION.—Section 203 
of the Robert T. Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5133) is amended— 
(1) in subsection (c) by inserting ‘‘Public Infra-
structure’’ after ‘‘the National’’; 
(2) in subsection (e)(1)(B)— 
(A) by striking ‘‘or’’ at the end of clause (ii); 
(B) by striking the period at the end of clause 
(iii) and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(iv) to establish and carry out enforce-
ment activities and implement the latest pub-
lished editions of relevant consensus-based 
codes, specifications, and standards that incor-
porate the latest hazard-resistant designs and 
establish minimum acceptable criteria for the 
design, construction, and maintenance of resi-
dential structures and facilities that may be el-
igible for assistance under this Act for the pur-
pose of protecting the health, safety, and gen-
eral welfare of the buildings’ users against dis-
asters.’’; 
(3) in subsection (f)—
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(A) in paragraph (1) by inserting ‘‘for mitiga-
tion activities that are cost effective’’ after ‘‘com-
petitive basis’’; and 
(B) by adding at the end the following: 
‘‘(3) 
REDISTRIBUTION
OF
UNOBLIGATED 
AMOUNTS.—The President may— 
‘‘(A) withdraw amounts of financial assistance 
made available to a State (including amounts made 
available to local governments of a State) under this 
subsection that remain unobligated by the end of 
the third fiscal year after the fiscal year for which 
the amounts were allocated; and 
‘‘(B) in the fiscal year following a fiscal year 
in which amounts were withdrawn under subpara-
graph (A), add the amounts to any other amounts 
available to be awarded on a competitive basis pur-
suant to paragraph (1).’’; 
(4) in subsection (g)— 
(A) by inserting ‘‘provide financial assistance 
only in States that have received a major disaster 
declaration in the previous 7 years, or to any Indian 
tribal government located partially or entirely with-
in the boundaries of such States, and’’ after ‘‘the 
President shall’’;
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•HRES 1082 EH 
(B) in paragraph (9) by striking ‘‘and’’ at the 
end; 
(C) by redesignating paragraph (10) as para-
graph (12); and 
(D) by adding after paragraph (9) the fol-
lowing: 
‘‘(10) the extent to which the State, local, Indian 
tribal, or territorial government has facilitated the adop-
tion and enforcement of the latest published editions of 
relevant consensus-based codes, specifications, and 
standards, including amendments made by State, local, 
Indian tribal, or territorial governments during the 
adoption process that incorporate the latest hazard-re-
sistant designs and establish criteria for the design, con-
struction, and maintenance of residential structures and 
facilities that may be eligible for assistance under this 
Act for the purpose of protecting the health, safety, and 
general welfare of the buildings’ users against disasters; 
‘‘(11) the extent to which the assistance will fund 
activities that increase the level of resiliency; and’’; 
(5) by striking subsection (i) and inserting the fol-
lowing: 
‘‘(i) NATIONAL PUBLIC INFRASTRUCTURE PREDISASTER 
MITIGATION ASSISTANCE.—
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•HRES 1082 EH 
‘‘(1) IN GENERAL.—The President may set aside 
from the Disaster Relief Fund, with respect to each 
major disaster, an amount equal to 6 percent of the esti-
mated aggregate amount of the grants to be made pur-
suant to sections 403, 406, 407, 408, 410, 416, and 428 
for the major disaster in order to provide technical and 
financial assistance under this section and such set aside 
shall be deemed to be related to activities carried out 
pursuant to major disasters under this Act. 
‘‘(2) ESTIMATED AGGREGATE AMOUNT.—Not later 
than 180 days after each major disaster declaration pur-
suant to this Act, the estimated aggregate amount of 
grants for purposes of paragraph (1) shall be determined 
by the President and such estimated amount need not be 
reduced, increased, or changed due to variations in esti-
mates. 
‘‘(3) NO REDUCTION IN AMOUNTS.—The amount 
set aside pursuant to paragraph (1) shall not reduce the 
amounts otherwise made available for sections 403, 404, 
406, 407, 408, 410, 416, and 428 under this Act.’’; and 
(6) by striking subsections (j) and (m); 
(7) by redesignating subsections (k), (l), and (n) as 
subsections (j), (k), and (l), respectively and 
(8) by adding at the end the following:
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‘‘(m) LATEST PUBLISHED EDITIONS.—For purposes of 
subsections (e)(1)(B)(iv) and (g)(10), the term ‘latest pub-
lished editions’ means, with respect to relevant consensus- 
based codes, specifications, and standards, the 2 most re-
cently published editions.’’. 
(b) APPLICABILITY.—The amendments made to section 
203 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5133) by paragraphs (3) and (5) 
of subsection (a) shall apply to funds appropriated on or after 
the date of enactment of this Act. 
(c) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) all funding expended from the National Public 
Infrastructure Predisaster Mitigation Assistance created 
by Section 203(i)(1) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5133), 
as added by this section, shall not be considered part of 
FEMA’s regular appropriations for non-Stafford activi-
ties, also known as the Federal Emergency Management 
Agency’s Disaster Relief Fund base; and 
(2) the President should have the funds related to 
the National Public Infrastructure Predisaster Mitiga-
tion Assistance created by Section 203(i)(1) of the Rob-
ert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5133), as added by this section,
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identified in and allocated from the Federal Emergency 
Management Agency’s Disaster Relief Fund for major 
disasters declared pursuant to the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.). 
(d) SUNSET.—On the date that is 5 years after the date 
of enactment of this Act, section 203 of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5133) is amended by striking subsection (m), as 
added by subsection (a)(8) of this section. 
SEC. 1235. ADDITIONAL MITIGATION ACTIVITIES. 
(a) 
HAZARD
MITIGATION
CLARIFICATION.—Section 
404(a) of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5170c(a)) is amended by 
striking the first sentence and inserting the following: ‘‘The 
President may contribute up to 75 percent of the cost of haz-
ard mitigation measures which the President has determined 
are cost effective and which substantially reduce the risk of, 
or increase resilience to, future damage, hardship, loss, or 
suffering in any area affected by a major disaster.’’. 
(b) ELIGIBLE COST.—Section 406(e)(1)(A) of the Rob-
ert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5172(e)(1)(A)) is amended— 
(1) in the matter preceding clause (i), by inserting 
after ‘‘section,’’ the following: ‘‘for disasters declared on
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or after August 1, 2017, or a disaster in which a cost 
estimate has not yet been finalized for a project, or for 
any project for which the finalized cost estimate is on 
appeal,’’; 
(2) in clause (i), by striking ‘‘and’’ at the end; 
(3) in clause (ii)— 
(A) by striking ‘‘codes, specifications, and 
standards’’ and inserting ‘‘the latest published edi-
tions of relevant consensus-based codes, specifica-
tions, and standards that incorporate the latest haz-
ard-resistant designs and establish minimum ac-
ceptable criteria for the design, construction, and 
maintenance of residential structures and facilities 
that may be eligible for assistance under this Act 
for the purposes of protecting the health, safety, 
and general welfare of a facility’s users against dis-
asters’’; 
(B) by striking ‘‘applicable at the time at 
which the disaster occurred’’; and 
(C) by striking the period at the end and in-
serting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(iii) in a manner that allows the facility 
to meet the definition of resilient developed 
pursuant to this subsection.’’.
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•HRES 1082 EH 
(c) OTHER ELIGIBLE COST.—Section 406(e)(1) of the 
Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5172(e)(1)) is further amended by adding at 
the end the following: 
‘‘(C) CONTRIBUTIONS.—Contributions for the 
eligible cost made under this section may be pro-
vided on an actual cost basis or on cost-estimation 
procedures.’’. 
(d) NEW RULES.—Section 406(e) of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5172(e)) is further amended by adding at the end the 
following: 
‘‘(5) NEW RULES.— 
‘‘(A) IN GENERAL.—Not later than 18 months 
after the date of enactment of this paragraph, the 
President, acting through the Administrator of the 
Federal Emergency Management Agency, and in 
consultation with the heads of relevant Federal de-
partments and agencies, shall issue a final rule-
making that defines the terms ‘resilient’ and ‘resil-
iency’ for purposes of this subsection. 
‘‘(B) INTERIM GUIDANCE.—Not later than 60 
days after the date of enactment of this paragraph, 
the Administrator shall issue interim guidance to 
implement this subsection. Such interim guidance
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shall expire 18 months after the date of enactment 
of this paragraph or upon issuance of final regula-
tions pursuant to subparagraph (A), whichever oc-
curs first. 
‘‘(C) GUIDANCE.—Not later than 90 days after 
the date on which the Administrator issues the final 
rulemaking under this paragraph, the Adminis-
trator shall issue any necessary guidance related to 
the rulemaking. 
‘‘(D) REPORT.—Not later than 2 years after 
the date of enactment of this paragraph, the Ad-
ministrator shall submit to Congress a report sum-
marizing the regulations and guidance issued pursu-
ant to this paragraph.’’. 
(e) CONFORMING AMENDMENT.—Section 205(d)(2) of 
the Disaster Mitigation Act of 2000 (42 U.S.C. 5172 note) 
is amended by inserting ‘‘(B)’’ after ‘‘except that paragraph 
(1)’’. 
SEC. 1236. GUIDANCE AND TRAINING BY FEMA ON COORDINA-
TION OF EMERGENCY RESPONSE PLANS. 
(a) TRAINING REQUIREMENT.—The Administrator, in 
coordination with other relevant agencies, shall provide guid-
ance and training on an annual basis to State, local, and In-
dian tribal governments, first responders, and facilities that 
store hazardous materials on coordination of emergency re-
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•HRES 1082 EH 
sponse plans in the event of a major disaster or emergency, 
including severe weather events. The guidance and training 
shall include the following: 
(1) Providing a list of equipment required in the 
event a hazardous substance is released into the environ-
ment. 
(2) Outlining the health risks associated with expo-
sure to hazardous substances to improve treatment re-
sponse. 
(3) Publishing best practices for mitigating further 
danger to communities from hazardous substances. 
(b) IMPLEMENTATION.—The requirement of subsection 
(a) shall be implemented not later than 180 days after the 
date of enactment of this Act. 
SEC. 1237. CERTAIN RECOUPMENT PROHIBITED. 
(a) IN GENERAL.—Notwithstanding any other provision 
of law, the Agency shall deem any covered disaster assistance 
to have been properly procured, provided, and utilized, and 
shall restore any funding of covered disaster assistance pre-
viously provided but subsequently withdrawn or deobligated. 
(b) COVERED DISASTER ASSISTANCE DEFINED.—In this 
section, the term ‘‘covered disaster assistance’’ means assist-
ance— 
(1) provided to a local government pursuant to sec-
tion 403, 406, or 407 of the Robert T. Stafford Disaster
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•HRES 1082 EH 
Relief and Emergency Assistance Act (42 U.S.C. 5170b, 
5172, or 5173); and 
(2) with respect to which the inspector general of 
the Department of Homeland Security has determined, 
after an audit, that— 
(A) the Agency deployed to the local govern-
ment a Technical Assistance Contractor to review 
field operations, provide eligibility advice, and assist 
with day-to-day decisions; 
(B) the Technical Assistance Contractor pro-
vided inaccurate information to the local govern-
ment; and 
(C) the local government relied on the inac-
curate information to determine that relevant con-
tracts were eligible, reasonable, and reimbursable. 
(c) EFFECTIVE DATE.—This section shall be effective on 
the date of enactment of this Act. 
SEC. 1238. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSE-
HOLDS AND NONPROFIT FACILITIES. 
(a) CRITICAL DOCUMENT FEE WAIVER.— 
(1) IN GENERAL.—Notwithstanding section 1 of the 
Passport Act of June 4, 1920 (22 U.S.C. 214) or any 
other provision of law, the President, in consultation 
with the Governor of a State, may provide a waiver 
under this subsection to an individual or household de-
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scribed in section 408(e)(1) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5174(e)(1)) for the following document replace-
ment fees: 
(A) The passport application fee for individuals 
who lost their United States passport in a major 
disaster within the preceding three calendar years. 
(B) The file search fee for a United States 
passport. 
(C) The Application for Waiver of Passport 
and/or Visa form (Form I–193) fee. 
(D) The Permanent Resident Card replace-
ment form (Form I–90) filing fee. 
(E) The Declaration of Intention form (Form 
N–300) filing fee. 
(F) The Naturalization/Citizenship Document 
replacement form (Form N–565) filing fee. 
(G) The Employment Authorization form 
(Form I–765) filing fee. 
(H) The biometric service fee. 
(2) EXEMPTION FROM FORM REQUIREMENT.—The 
authority of the President to waive fees under subpara-
graphs (C) through (H) of paragraph (1) applies regard-
less of whether the individual or household qualifies for
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a Form I–912 Request for Fee Waiver, or any successor 
thereto. 
(3) EXEMPTION FROM ASSISTANCE MAXIMUM.—The 
assistance limit in section 408(h) of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5174(h)) shall not apply to any fee waived under 
this subsection. 
(4) REPORT.—Not later than 365 days after the 
date of enactment of this subsection, the Administrator 
and the head of any other agency given critical docu-
ment fee waiver authority under this subsection shall 
submit a report to the Committee on Homeland Security 
and Governmental Affairs of the Senate and the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives on the costs associated with 
providing critical document fee waivers as described in 
paragraph (1). 
(b) FEDERAL ASSISTANCE
TO PRIVATE NONPROFIT 
CHILDCARE FACILITIES.—Section 102(11)(A) of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5122(11)(A)) is amended— 
(1) in the second subparagraph (A) (as added by 
Public Law 115–123), by inserting ‘‘center-based 
childcare,’’ after ‘‘facility),’’; and
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(2) in the first subparagraph (A), by striking ‘‘(A) 
IN
GENERAL.—The term ‘private nonprofit facility’ 
means private nonprofit educational, utility’’ and all that 
follows through ‘‘President.’’. 
(c) APPLICABILITY.—The amendment made by sub-
section (b)(1) shall apply to any major disaster or emergency 
declared by the President under section 401 or 501, respec-
tively, of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5170, 5191) on or after the 
date of enactment of this Act. 
SEC. 1239. COST OF ASSISTANCE ESTIMATES. 
(a) IN GENERAL.—Not later than 270 days after the 
date of enactment of this Act, the Administrator shall review 
the factors considered when evaluating a request for a major 
disaster declaration under the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
seq.), specifically the estimated cost of the assistance, and 
provide a report and briefing to the Committee on Homeland 
Security and Governmental Affairs of the Senate and the 
Committee on Transportation and Infrastructure of the 
House of Representatives. 
(b) RULEMAKING.—Not later than 2 years after the date 
of enactment of this Act, the Administrator shall review and 
initiate a rulemaking to update the factors considered when 
evaluating a Governor’s request for a major disaster declara-
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tion, including reviewing how the Agency estimates the cost 
of major disaster assistance, and consider other impacts on 
the capacity of a jurisdiction to respond to disasters. In de-
termining the capacity of a jurisdiction to respond to disas-
ters, and prior to the issuance of such a rule, the Adminis-
trator shall engage in meaningful consultation with relevant 
representatives of State, regional, local, and Indian tribal 
government stakeholders. 
SEC. 1240. REPORT ON INSURANCE SHORTFALLS. 
Not later than 2 years after the date of enactment of 
this section, and each year thereafter until 2023, the Admin-
istrator of the Federal Emergency Management Agency shall 
submit a report to Congress on the number of instances and 
the estimated amounts involved, by State, for cases in which 
self-insurance amounts have been insufficient to address flood 
damages. 
SEC. 1241. POST DISASTER BUILDING SAFETY ASSESSMENT. 
(a) BUILDING SAFETY ASSESSMENT TEAM.— 
(1) IN GENERAL.—The Administrator shall coordi-
nate with State and local governments and organizations 
representing design professionals, such as architects and 
engineers, to develop guidance, including best practices, 
for post-disaster assessment of buildings by licensed ar-
chitects and engineers to ensure the design professionals
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properly analyze the structural integrity and livability of 
buildings and structures. 
(2) PUBLICATION.—The Administrator shall publish 
the guidance required to be developed under paragraph 
(1) not later than 1 year after the date of enactment of 
this Act. 
(b) NATIONAL INCIDENT MANAGEMENT SYSTEM.—The 
Administrator shall revise or issue guidance as required to 
the National Incident Management System Resource Manage-
ment component to ensure the functions of post-disaster 
building safety assessment, such as those functions performed 
by design professionals are accurately resource typed within 
the National Incident Management System. 
(c) EFFECTIVE DATE.—This section shall be effective on 
the date of enactment of this Act. 
SEC. 1242. FEMA UPDATES ON NATIONAL PREPAREDNESS AS-
SESSMENT. 
Not later than 6 months after the date of enactment of 
this Act, and every 6 months thereafter until completion, the 
Administrator shall submit to the Committee on Homeland 
Security and Governmental Affairs of the Senate and the 
Committees on Transportation and Infrastructure and Home-
land Security of the House of Representatives an update on 
the progress of the Agency in completing action 6 with re-
spect to the report published by the Government Account-
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ability Office entitled ‘‘2012 Annual Report: Opportunities to 
Reduce Duplication, Overlap and Fragmentation, Achieve 
Savings, and Enhance Revenue’’ (February 28, 2012), which 
recommends the Agency to— 
(1) complete a national preparedness assessment of 
capability gaps at each level based on tiered, capability- 
specific performance objectives to enable prioritization of 
grant funding; and 
(2) identify the potential costs for establishing and 
maintaining those capabilities at each level and deter-
mine what capabilities Federal agencies should provide. 
SEC. 1243. FEMA REPORT ON DUPLICATION IN NON-NATURAL 
DISASTER PREPAREDNESS GRANT PROGRAMS. 
Not later than 180 days after the date of enactment of 
this Act, the Administrator shall submit to the Committees 
on Homeland Security and Governmental Affairs of the Sen-
ate and the Committees on Transportation and Infrastruc-
ture and Homeland Security of the House of Representatives 
a report on the results of the efforts of the Agency to identify 
and prevent unnecessary duplication within and across the 
non-natural disaster preparedness grant programs of the 
Agency, as recommended in the report published by the Gov-
ernment Accountability Office entitled ‘‘2012 Annual Report: 
Opportunities to Reduce Duplication, Overlap and Frag-
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mentation, Achieve Savings, and Enhance Revenue’’ (Feb-
ruary 28, 2012), including with respect to— 
(1) the Urban Area Security Initiative established 
under section 2003 of the Homeland Security Act of 
2002 (6 U.S.C. 604); 
(2) the Port Security Grant Program authorized 
under section 70107 of title 46, United States Code; 
(3) the State Homeland Security Grant Program 
established under section 2004 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 605); and 
(4) the Transit Security Grant Program authorized 
under titles XIV and XV of the Implementing Rec-
ommendations of the 9/11 Commission Act of 2007 (6 
U.S.C. 1131 et seq.). 
SEC. 1244. STUDY AND REPORT. 
(a) IN GENERAL.—Not later than 90 days after the date 
of enactment of this Act, the Administrator shall enter into 
a contract with the National Academy of Medicine to conduct 
a study and prepare a report as described in subsection (b). 
(b) STUDY AND REPORT.— 
(1) STUDY.— 
(A) IN GENERAL.—The study described in this 
subsection shall be a study of matters concerning 
best practices in mortality counts as a result of a 
major disaster (as defined in section 102 of the
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•HRES 1082 EH 
Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5122)). 
(B) CONTENTS.—The study described in this 
subsection shall address approaches to quantifying 
mortality and significant morbidity among popu-
lations affected by major disasters, which shall in-
clude best practices and policy recommendations 
for— 
(i) equitable and timely attribution, in 
order to facilitate access to available benefits, 
among other things; 
(ii) timely prospective tracking of popu-
lation levels of mortality and significant mor-
bidity, and their causes, in order to continu-
ously inform response efforts; and 
(iii) a retrospective study of disaster-re-
lated mortality and significant morbidity to in-
form after-action analysis and improve subse-
quent preparedness efforts. 
(2) REPORT.—Not later than 2 years after the date 
on which the contract described in subsection (a) is en-
tered into, the National Academy of Medicine shall com-
plete and transmit to the Administrator a report on the 
study described in paragraph (1).
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(c) NO ADDITIONAL FUNDS AUTHORIZED.—No addi-
tional funds are authorized to carry out the requirements of 
this section. 
SEC. 1245. REVIEW OF ASSISTANCE FOR DAMAGED UNDER-
GROUND WATER INFRASTRUCTURE. 
(a) DEFINITION OF PUBLIC ASSISTANCE GRANT PRO-
GRAM.—The term ‘‘public assistance grant program’’ means 
the public assistance grant program authorized under sec-
tions 403, 406, 407, 428, and 502(a) of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5170b, 5172, 5173, 5192(a)). 
(b) REVIEW AND BRIEFING.—Not later than 60 days 
after the date of enactment of this Act, the Administrator 
shall— 
(1) conduct a review of the assessment and eligi-
bility process under the public assistance grant program 
with respect to assistance provided for damaged under-
ground water infrastructure as a result of a major dis-
aster declared under section 401 of such Act (42 U.S.C. 
5170), including wildfires, and shall include the extent 
to which local technical memoranda, prepared by a local 
unit of government in consultation with the relevant 
State or Federal agencies, identified damaged under-
ground water infrastructure that should be eligible for 
the public assistance grant program; and
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(2) provide to the Committee on Homeland Security 
and Governmental Affairs of the Senate and the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives a briefing on the review con-
ducted under paragraph (1). 
(c) REPORT
AND RECOMMENDATIONS.—The Adminis-
trator shall— 
(1) not later than 180 days after the date of enact-
ment of this Act, issue a report on the review conducted 
under subsection (b)(1); and 
(2) not later than 180 days after the date on which 
the Administrator issues the report required under para-
graph (1), initiate a rulemaking, if appropriate, to ad-
dress any recommendations contained in the report. 
SEC. 1246. EXTENSION. 
The Administrator shall extend the deadlines to imple-
ment the reasonable and prudent alternative outlined in the 
jeopardy biological opinion dated April 14, 2016, by up to 3 
years from the date of enactment of this Act. Within 18 
months from the date of enactment of this Act, the Adminis-
trator shall submit to the Committee on Homeland Security 
and Governmental Affairs, the Committee on Banking, Hous-
ing, and Urban Affairs, and the Committee on Environment 
and Public Works of the Senate; and the Committee on 
Homeland Security, the Committee on Natural Resources,
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and the Committee on Transportation and Infrastructure of 
the House of Representatives a report on the status of imple-
menting these reasonable and prudent alternatives. 
DIVISION E—CONCRETE MASONRY 
SEC. 1301. SHORT TITLE. 
This division may be cited as the ‘‘Concrete Masonry 
Products Research, Education, and Promotion Act of 2018’’. 
SEC. 1302. DECLARATION OF POLICY. 
(a) PURPOSE.—The purpose of this division is to author-
ize the establishment of an orderly program for developing, 
financing, and carrying out an effective, continuous, and co-
ordinated program of research, education, and promotion, in-
cluding funds for marketing and market research activities, 
that is designed to— 
(1) strengthen the position of the concrete masonry 
products industry in the domestic marketplace; 
(2) maintain, develop, and expand markets and uses 
for concrete masonry products in the domestic market-
place; and 
(3) promote the use of concrete masonry products 
in construction and building. 
(b) LIMITATION.—Nothing in this division may be con-
strued to provide for the control of production or otherwise 
limit the right of any person to manufacture concrete ma-
sonry products.
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SEC. 1303. DEFINITIONS. 
For the purposes of this division: 
(1) BLOCK MACHINE.—The term ‘‘block machine’’ 
means a piece of equipment that utilizes vibration and 
compaction to form concrete masonry products. 
(2) BOARD.—The term ‘‘Board’’ means the Con-
crete Masonry Products Board established under section 
1305. 
(3) CAVITY.—The term ‘‘cavity’’ means the open 
space in the mold of a block machine capable of forming 
a single concrete masonry unit having nominal plan di-
mensions of 8 inches by 16 inches. 
(4) CONCRETE
MASONRY
PRODUCTS.—The term 
‘‘concrete masonry products’’ refers to a broader class of 
products, including concrete masonry units as well as 
hardscape products such as concrete pavers and seg-
mental retaining wall units, manufactured on a block 
machine using dry-cast concrete. 
(5) CONCRETE MASONRY UNIT.—The term ‘‘con-
crete masonry unit’’— 
(A) means a concrete masonry product that is 
a manmade masonry unit having an actual width of 
3 inches or greater and manufactured from dry-cast 
concrete using a block machine; and 
(B) includes concrete block and related con-
crete units used in masonry applications.
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•HRES 1082 EH 
(6) CONFLICT OF INTEREST.—The term ‘‘conflict of 
interest’’ means, with respect to a member or employee 
of the Board, a situation in which such member or em-
ployee has a direct or indirect financial or other interest 
in a person that performs a service for, or enters into 
a contract with, for anything of economic value. 
(7) DEPARTMENT.—The term ‘‘Department’’ means 
the Department of Commerce. 
(8) DRY-CAST
CONCRETE.—The term ‘‘dry-cast 
concrete’’ means a composite material that is composed 
essentially of aggregates embedded in a binding medium 
composed of a mixture of cementitious materials (includ-
ing hydraulic cement, pozzolans, or other cementitious 
materials) and water of such a consistency to maintain 
its shape after forming in a block machine. 
(9) EDUCATION.—The term ‘‘education’’ means 
programs that will educate or communicate the benefits 
of concrete masonry products in safe and environ-
mentally sustainable development, advancements in con-
crete masonry product technology and development, and 
other information and programs designed to generate in-
creased demand for commercial, residential, multifamily, 
and institutional projects using concrete masonry prod-
ucts and to generally enhance the image of concrete ma-
sonry products.
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(10) MACHINE CAVITIES.—The term ‘‘machine cav-
ities’’ means the cavities with which a block machine 
could be equipped. 
(11) MACHINE CAVITIES IN OPERATION.—The term 
‘‘machine cavities in operation’’ means those machine 
cavities associated with a block machine that have pro-
duced concrete masonry units within the last 6 months 
of the date set for determining eligibility and is fully op-
erable and capable of producing concrete masonry units. 
(12) MANUFACTURER.—The term ‘‘manufacturer’’ 
means any person engaged in the manufacturing of com-
mercial concrete masonry products in the United States. 
(13) MASONRY UNIT.—The term ‘‘masonry unit’’ 
means a noncombustible building product intended to be 
laid by hand or joined using mortar, grout, surface 
bonding, post-tensioning or some combination of these 
methods. 
(14) ORDER.—The term ‘‘order’’ means an order 
issued under section 1304. 
(15) PERSON.—The term ‘‘person’’ means any indi-
vidual, group of individuals, partnership, corporation, as-
sociation, cooperative, or any other entity. 
(16) PROMOTION.—The term ‘‘promotion’’ means 
any action, including paid advertising, to advance the 
image and desirability of concrete masonry products with
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the express intent of improving the competitive position 
and stimulating sales of concrete masonry products in 
the marketplace. 
(17) RESEARCH.—The term ‘‘research’’ means 
studies testing the effectiveness of market development 
and promotion efforts, studies relating to the improve-
ment of concrete masonry products and new product de-
velopment, and studies documenting the performance of 
concrete masonry. 
(18) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce. 
(19) UNITED STATES.—The term ‘‘United States’’ 
means the several States and the District of Columbia. 
SEC. 1304. ISSUANCE OF ORDERS. 
(a) IN GENERAL.— 
(1) ISSUANCE.—The Secretary, subject to the pro-
cedures provided in subsection (b), shall issue orders 
under this division applicable to manufacturers of con-
crete masonry products. 
(2) SCOPE.—Any order shall be national in scope. 
(3) ONE ORDER.—Not more than 1 order shall be 
in effect at any one time. 
(b) PROCEDURES.— 
(1) DEVELOPMENT
OR
RECEIPT
OF
PROPOSED 
ORDER.—A proposed order with respect to the generic
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•HRES 1082 EH 
research, education, and promotion with regards to con-
crete masonry products may be— 
(A) proposed by the Secretary at any time; or 
(B) requested by or submitted to the Secretary 
by— 
(i) an existing national organization of 
concrete masonry product manufacturers; or 
(ii) any person that may be affected by 
the issuance of an order. 
(2) PUBLICATION
OF
PROPOSED
ORDER.—If the 
Secretary determines that a proposed order received in 
accordance with paragraph (1)(B) is consistent with and 
will effectuate the purpose of this division, the Secretary 
shall publish such proposed order in the Federal Reg-
ister not later than 90 days after receiving the order, 
and give not less than 30 days notice and opportunity 
for public comment on the proposed order. 
(3) ISSUANCE OF ORDER.— 
(A) IN
GENERAL.—After notice and oppor-
tunity for public comment are provided in accord-
ance with paragraph (2), the Secretary shall issue 
the order, taking into consideration the comments 
received and including in the order such provisions 
as are necessary to ensure that the order is in con-
formity with this division.
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•HRES 1082 EH 
(B) EFFECTIVE DATE.—If there is an affirma-
tive vote in a referendum as provided in section 
1307, the Secretary shall issue the order and such 
order shall be effective not later than 140 days 
after publication of the proposed order. 
(c) AMENDMENTS.—The Secretary may, from time to 
time, amend an order. The provisions of this division applica-
ble to an order shall be applicable to any amendment to an 
order. 
SEC. 1305. REQUIRED TERMS IN ORDERS. 
(a) IN GENERAL.—Any order issued under this division 
shall contain the terms and provisions specified in this sec-
tion. 
(b) CONCRETE MASONRY PRODUCTS BOARD.— 
(1) ESTABLISHMENT AND MEMBERSHIP.— 
(A) ESTABLISHMENT.—The order shall provide 
for the establishment of a Concrete Masonry Prod-
ucts Board to carry out a program of generic pro-
motion, research, and education regarding concrete 
masonry products. 
(B) MEMBERSHIP.— 
(i) NUMBER
OF
MEMBERS.—The Board 
shall consist of not fewer than 15 and not 
more than 25 members.
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•HRES 1082 EH 
(ii) APPOINTMENT.—The members of the 
Board shall be appointed by the Secretary 
from nominations submitted as provided in the 
order. 
(iii) COMPOSITION.—The Board shall con-
sist of manufacturers. No employee of an in-
dustry trade organization exempt from tax 
under paragraph (3) or (6) of section 501(c) of 
the Internal Revenue Code of 1986 rep-
resenting the concrete masonry industry or re-
lated industries shall serve as a member of the 
Board and no member of the Board may serve 
concurrently as an officer of the board of direc-
tors of a national concrete masonry products 
industry trade association. Only 2 individuals 
from any single company or its affiliates may 
serve on the Board at any one time. 
(2) DISTRIBUTION OF APPOINTMENTS.— 
(A) REPRESENTATION.—To ensure fair and 
equitable representation of the concrete masonry 
products industry, the composition of the Board 
shall reflect the geographical distribution of the 
manufacture of concrete masonry products in the 
United States, the types of concrete masonry prod-
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•HRES 1082 EH 
ucts manufactured, and the range in size of manu-
facturers in the United States. 
(B) ADJUSTMENT
IN
BOARD
REPRESENTA-
TION.—Three years after the assessment of con-
crete masonry products commences pursuant to an 
order, and at the end of each 3-year period there-
after, the Board, subject to the review and approval 
of the Secretary, shall, if warranted, recommend to 
the Secretary the reapportionment of the Board 
membership to reflect changes in the geographical 
distribution of the manufacture of concrete masonry 
products and the types of concrete masonry prod-
ucts manufactured. 
(3) NOMINATIONS
PROCESS.—The Secretary may 
make appointments from nominations by manufacturers 
pursuant to the method set forth in the order. 
(4) FAILURE TO APPOINT.—If the Secretary fails to 
make an appointment to the Board within 60 days of re-
ceiving nominations for such appointment, the first 
nominee for such appointment shall be deemed ap-
pointed, unless the Secretary provides reasonable jus-
tification for the delay to the Board and to Congress and 
provides a reasonable date by which approval or dis-
approval will be made.
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•HRES 1082 EH 
(5) ALTERNATES.—The order shall provide for the 
selection of alternate members of the Board by the Sec-
retary in accordance with procedures specified in the 
order. 
(6) TERMS.— 
(A) IN GENERAL.—The members and any al-
ternates of the Board shall each serve for a term 
of 3 years, except that members and any alternates 
initially appointed to the Board shall serve for 
terms of not more than 2, 3, and 4 years, as speci-
fied by the order. 
(B) LIMITATION ON CONSECUTIVE TERMS.—A 
member or an alternate may serve not more than 
2 consecutive terms. 
(C) 
CONTINUATION
OF
TERM.—Notwith-
standing subparagraph (B), each member or alter-
nate shall continue to serve until a successor is ap-
pointed by the Secretary. 
(D) VACANCIES.—A vacancy arising before the 
expiration of a term of office of an incumbent mem-
ber or alternate of the Board shall be filled in a 
manner provided for in the order. 
(7) DISQUALIFICATION
FROM
BOARD
SERVICE.— 
The order shall provide that if a member or alternate of 
the Board who was appointed as a manufacturer ceases
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•HRES 1082 EH 
to qualify as a manufacturer, such member or alternate 
shall be disqualified from serving on the Board. 
(8) COMPENSATION.— 
(A) IN
GENERAL.—Members and any alter-
nates of the Board shall serve without compensa-
tion. 
(B) TRAVEL EXPENSES.—If approved by the 
Board, members or alternates shall be reimbursed 
for reasonable travel expenses, which may include 
per diem allowance or actual subsistence incurred 
while away from their homes or regular places of 
business in the performance of services for the 
Board. 
(c) POWERS AND DUTIES OF THE BOARD.—The order 
shall specify the powers and duties of the Board, including 
the power and duty— 
(1) to administer the order in accordance with its 
terms and conditions and to collect assessments; 
(2) to develop and recommend to the Secretary for 
approval such bylaws as may be necessary for the func-
tioning of the Board and such rules as may be necessary 
to administer the order, including activities authorized to 
be carried out under the order; 
(3) to meet, organize, and select from among mem-
bers of the Board a chairperson, other officers, and com-
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•HRES 1082 EH 
mittees and subcommittees, as the Board determines ap-
propriate; 
(4) to establish regional organizations or commit-
tees to administer regional initiatives; 
(5) to establish working committees of persons 
other than Board members; 
(6) to employ such persons, other than the mem-
bers, as the Board considers necessary, and to determine 
the compensation and specify the duties of the persons; 
(7) to prepare and submit for the approval of the 
Secretary, before the beginning of each fiscal year, rates 
of assessment under section 1306 and an annual budget 
of the anticipated expenses to be incurred in the admin-
istration of the order, including the probable cost of each 
promotion, research, and information activity proposed 
to be developed or carried out by the Board; 
(8) to borrow funds necessary for the startup ex-
penses of the order; 
(9) to carry out generic research, education, and 
promotion programs and projects relating to concrete 
masonry products, and to pay the costs of such pro-
grams and projects with assessments collected under sec-
tion 1306; 
(10) subject to subsection (e), to enter into con-
tracts or agreements to develop and carry out programs
705 
•HRES 1082 EH 
or projects of research, education, and promotion relat-
ing to concrete masonry products; 
(11) to keep minutes, books, and records that re-
flect the actions and transactions of the Board, and 
promptly report minutes of each Board meeting to the 
Secretary; 
(12) to receive, investigate, and report to the Sec-
retary complaints of violations of the order; 
(13) to furnish the Secretary with such information 
as the Secretary may request; 
(14) to recommend to the Secretary such amend-
ments to the order as the Board considers appropriate; 
and 
(15) to provide the Secretary with advance notice of 
meetings to permit the Secretary, or the representative 
of the Secretary, to attend the meetings. 
(d) PROGRAMS AND PROJECTS; BUDGETS; EXPENSES.— 
(1) PROGRAMS AND PROJECTS.— 
(A) IN GENERAL.—The order shall require the 
Board to submit to the Secretary for approval any 
program or project of research, education, or pro-
motion relating to concrete masonry products. 
(B) STATEMENT REQUIRED.—Any educational 
or promotional activity undertaken with funds pro-
vided by the Board shall include a statement that
706 
•HRES 1082 EH 
such activities were supported in whole or in part 
by the Board. 
(2) BUDGETS.— 
(A) SUBMISSION.—The order shall require the 
Board to submit to the Secretary for approval a 
budget of the anticipated expenses and disburse-
ments of the Board in the implementation of the 
order, including the projected costs of concrete ma-
sonry products research, education, and promotion 
programs and projects. 
(B) TIMING.—The budget shall be submitted 
before the beginning of a fiscal year and as fre-
quently as may be necessary after the beginning of 
the fiscal year. 
(C) APPROVAL.—If the Secretary fails to ap-
prove or reject a budget within 60 days of receipt, 
such budget shall be deemed approved, unless the 
Secretary provides to the Board and to Congress, in 
writing, reasonable justification for the delay and 
provides a reasonable date by which approval or dis-
approval will be made. 
(3) ADMINISTRATIVE EXPENSES.— 
(A) INCURRING EXPENSES.—The Board may 
incur the expenses described in paragraph (2) and 
other expenses for the administration, maintenance,
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•HRES 1082 EH 
and functioning of the Board as authorized by the 
Secretary. 
(B) PAYMENT
OF
EXPENSES.—Expenses in-
curred under subparagraph (A) shall be paid by the 
Board using assessments collected under section 
1306, earnings obtained from assessments, and 
other income of the Board. Any funds borrowed by 
the Board shall be expended only for startup costs 
and capital outlays. 
(C) LIMITATION
ON
SPENDING.—For fiscal 
years beginning 3 or more years after the date of 
the establishment of the Board, the Board may not 
expend for administration (except for reimburse-
ment to the Secretary required under subparagraph 
(D)), maintenance, and functioning of the Board in 
a fiscal year an amount that exceeds 10 percent of 
the assessment and other income received by the 
Board for the fiscal year. 
(D) REIMBURSEMENT
OF
SECRETARY.—The 
order shall require that the Secretary be reimbursed 
by the Board from assessments for all expenses in-
curred by the Secretary in the implementation, ad-
ministration, and supervision of the order, including 
all referenda costs incurred in connection with the 
order.
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•HRES 1082 EH 
(e) CONTRACTS AND AGREEMENTS.— 
(1) IN
GENERAL.—The order shall provide that, 
with the approval of the Secretary, the Board may— 
(A) enter into contracts and agreements to 
carry out generic research, education, and pro-
motion programs and projects relating to concrete 
masonry products, including contracts and agree-
ments with manufacturer associations or other enti-
ties as considered appropriate by the Secretary; 
(B) enter into contracts and agreements for 
administrative services; and 
(C) pay the cost of approved generic research, 
education, and promotion programs and projects 
using assessments collected under section 1306, 
earnings obtained from assessments, and other in-
come of the Board. 
(2) REQUIREMENTS.—Each contract or agreement 
shall provide that any person who enters into the con-
tract or agreement with the Board shall— 
(A) develop and submit to the Board a pro-
posed program or project together with a budget 
that specifies the cost to be incurred to carry out 
the program or project; 
(B) keep accurate records of all transactions 
relating to the contract or agreement;
709 
•HRES 1082 EH 
(C) account for funds received and expended in 
connection with the contract or agreement; 
(D) make periodic reports to the Board of ac-
tivities conducted under the contract or agreement; 
and 
(E) make such other reports as the Board or 
the Secretary considers relevant. 
(3) FAILURE TO APPROVE.—If the Secretary fails 
to approve or reject a contract or agreement entered into 
under paragraph (1) within 60 days of receipt, the con-
tract or agreement shall be deemed approved, unless the 
Secretary provides to the Board and to Congress, in 
writing, reasonable justification for the delay and pro-
vides a reasonable date by which approval or disapproval 
will be made. 
(f) BOOKS AND RECORDS OF BOARD.— 
(1) IN
GENERAL.—The order shall require the 
Board to— 
(A) maintain such books and records (which 
shall be available to the Secretary for inspection 
and audit) as the Secretary may require; 
(B) collect and submit to the Secretary, at any 
time the Secretary may specify, any information the 
Secretary may request; and
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•HRES 1082 EH 
(C) account for the receipt and disbursement 
of all funds in the possession, or under the control, 
of the Board. 
(2) AUDITS.—The order shall require the Board to 
have— 
(A) the books and records of the Board au-
dited by an independent auditor at the end of each 
fiscal year; and 
(B) a report of the audit submitted directly to 
the Secretary. 
(g) PROHIBITED ACTIVITIES.— 
(1) IN GENERAL.—Subject to paragraph (2), the 
Board shall not engage in any program or project to, nor 
shall any funds received by the Board under this division 
be used to— 
(A) influence legislation, elections, or govern-
mental action; 
(B) engage in an action that would be a con-
flict of interest; 
(C) engage in advertising that is false or mis-
leading; 
(D) engage in any promotion, research, or edu-
cation that would be disparaging to other construc-
tion materials; or
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•HRES 1082 EH 
(E) engage in any promotion or project that 
would benefit any individual manufacturer. 
(2) EXCEPTIONS.—Paragraph (1) does not pre-
clude— 
(A) the development and recommendation of 
amendments to the order; 
(B) the communication to appropriate govern-
ment officials of information relating to the con-
duct, implementation, or results of research, edu-
cation, and promotion activities under the order ex-
cept communications described in paragraph (1)(A); 
or 
(C) any lawful action designed to market con-
crete masonry products directly to a foreign govern-
ment or political subdivision of a foreign govern-
ment. 
(h) PERIODIC EVALUATION.—The order shall require 
the Board to provide for the independent evaluation of all re-
search, education, and promotion programs or projects under-
taken under the order, beginning 5 years after the date of en-
actment of this Act and every 3 years thereafter. The Board 
shall submit to the Secretary and make available to the pub-
lic the results of each such evaluation. 
(i) OBJECTIVES.—The Board shall establish annual re-
search, education, and promotion objectives and performance
712 
•HRES 1082 EH 
metrics for each fiscal year subject to approval by the Sec-
retary. 
(j) BIENNIAL REPORT.—Every 2 years the Board shall 
prepare and make publicly available a comprehensive and de-
tailed report that includes an identification and description of 
all programs and projects undertaken by the Board during 
the previous 2 years as well as those planned for the subse-
quent 2 years and detail the allocation or planned allocation 
of Board resources for each such program or project. Such 
report shall also include— 
(1) the overall financial condition of the Board; 
(2) a summary of the amounts obligated or ex-
pended during the 2 preceding fiscal years; and 
(3) a description of the extent to which the objec-
tives of the Board were met according to the metrics re-
quired under subsection (i). 
(k) BOOKS AND RECORDS OF PERSONS COVERED BY 
ORDER.— 
(1) IN
GENERAL.—The order shall require that 
manufacturers shall— 
(A) maintain records sufficient to ensure com-
pliance with the order and regulations; and 
(B) make the records described in subpara-
graph (A) available, during normal business hours,
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for inspection by employees or agents of the Board 
or the Department. 
(2) TIME REQUIREMENT.—Any record required to 
be maintained under paragraph (1) shall be maintained 
for such time period as the Secretary may prescribe. 
(3) CONFIDENTIALITY OF INFORMATION.— 
(A) IN GENERAL.—Except as otherwise pro-
vided in this paragraph, trade secrets and commer-
cial or financial information that is privileged or 
confidential reported to, or otherwise obtained by 
the Board or the Secretary (or any representative 
of the Board or the Secretary) under this division 
shall not be disclosed by any officers, employees, 
and agents of the Department or the Board. 
(B) SUITS
AND
HEARINGS.—Information re-
ferred to in subparagraph (A) may be disclosed only 
if— 
(i) the Secretary considers the information 
relevant; and 
(ii) the information is revealed in a judi-
cial proceeding or administrative hearing 
brought at the direction or on the request of 
the Secretary or to which the Secretary or any 
officer of the Department is a party.
714 
•HRES 1082 EH 
(C) GENERAL
STATEMENTS
AND
PUBLICA-
TIONS.—This paragraph does not prohibit— 
(i) the issuance of general statements 
based on reports or on information relating to 
a number of persons subject to an order if the 
statements do not identify the information fur-
nished by any person; or 
(ii) the publication, by direction of the 
Secretary, of the name of any person violating 
any order and a statement of the particular 
provisions of the order violated by the person. 
(D) PENALTY.—Any officer, employee, or 
agent of the Department of Commerce or any offi-
cer, employee, or agent of the Board who willfully 
violates this paragraph shall be fined not more than 
$1,000 and imprisoned for not more than 1 year, 
or both. 
(4) WITHHOLDING INFORMATION.—This subsection 
does not authorize the withholding of information from 
Congress. 
SEC. 1306. ASSESSMENTS. 
(a) ASSESSMENTS.—The order shall provide that assess-
ments shall be paid by a manufacturer if the manufacturer 
has manufactured concrete masonry products during a period
715 
•HRES 1082 EH 
of at least 180 days prior to the date the assessment is to 
be remitted. 
(b) COLLECTION.— 
(1) IN GENERAL.—Assessments required under the 
order shall be remitted by the manufacturer to the 
Board in the manner prescribed by the order. 
(2) TIMING.—The order shall provide that assess-
ments required under the order shall be remitted to the 
Board not less frequently than quarterly. 
(3) RECORDS.—As part of the remittance of assess-
ments, manufacturers shall identify the total amount 
due in assessments on all sales receipts, invoices or other 
commercial documents of sale as a result of the sale of 
concrete masonry units in a manner as prescribed by the 
Board to ensure compliance with the order. 
(c) ASSESSMENT RATES.—With respect to assessment 
rates, the order shall contain the following terms: 
(1) INITIAL RATE.—The assessment rate on con-
crete masonry products shall be $0.01 per concrete ma-
sonry unit sold. 
(2) CHANGES IN THE RATE.— 
(A) AUTHORITY
TO
CHANGE
RATE.—The 
Board shall have the authority to change the assess-
ment rate. A two-thirds majority of voting members
716 
•HRES 1082 EH 
of the Board shall be required to approve a change 
in the assessment rate. 
(B) LIMITATION ON INCREASES.—An increase 
or decrease in the assessment rate with respect to 
concrete masonry products may not exceed $0.01 
per concrete masonry unit sold. 
(C) MAXIMUM
RATE.—The assessment rate 
shall not be in excess of $0.05 per concrete masonry 
unit. 
(D) 
LIMITATION
ON
FREQUENCY
OF 
CHANGES.—The assessment rate may not be in-
creased or decreased more than once annually. 
(d) LATE-PAYMENT AND INTEREST CHARGES.— 
(1) IN
GENERAL.—Late-payment and interest 
charges may be levied on each person subject to the 
order who fails to remit an assessment in accordance 
with subsection (b). 
(2) RATE.—The rate for late-payment and interest 
charges shall be specified by the Secretary. 
(e) INVESTMENT OF ASSESSMENTS.—Pending disburse-
ment of assessments under a budget approved by the Sec-
retary, the Board may invest assessments collected under this 
section in— 
(1) obligations of the United States or any agency 
of the United States;
717 
•HRES 1082 EH 
(2) general obligations of any State or any political 
subdivision of a State; 
(3) interest-bearing accounts or certificates of de-
posit of financial institutions that are members of the 
Federal Reserve System; or 
(4) obligations fully guaranteed as to principal and 
interest by the United States. 
(f) ASSESSMENT FUNDS FOR REGIONAL INITIATIVES.— 
(1) IN GENERAL.—The order shall provide that not 
less than 50 percent of the assessments (less administra-
tion expenses) paid by a manufacturer shall be used to 
support research, education, and promotion programs 
and projects in support of the geographic region of the 
manufacturer. 
(2) GEOGRAPHIC REGIONS.—The order shall pro-
vide for the following geographic regions: 
(A) Region I shall comprise Connecticut, Dela-
ware, the District of Columbia, Maine, Maryland, 
Massachusetts, New Hampshire, New Jersey, New 
York, Pennsylvania, Rhode Island, Vermont, and 
West Virginia. 
(B) Region II shall comprise Alabama, Florida, 
Georgia, Mississippi, North Carolina, South Caro-
lina, Tennessee, and Virginia.
718 
•HRES 1082 EH 
(C) Region III shall comprise Illinois, Indiana, 
Iowa, Kentucky, Michigan, Minnesota, Nebraska, 
North Dakota, Ohio, South Dakota, and Wisconsin. 
(D) Region IV shall comprise Arizona, Arkan-
sas, Kansas, Louisiana, Missouri, New Mexico, 
Oklahoma, and Texas. 
(E) Region V shall comprise Alaska, Cali-
fornia, Colorado, Hawaii, Idaho, Montana, Nevada, 
Oregon, Utah, Washington, and Wyoming. 
(3) ADJUSTMENT OF GEOGRAPHIC REGIONS.—The 
order shall provide that the Secretary may, upon rec-
ommendation of the Board, modify the composition of 
the geographic regions described in paragraph (2). 
SEC. 1307. REFERENDA. 
(a) INITIAL REFERENDUM.— 
(1) REFERENDUM REQUIRED.—During the 60-day 
period immediately preceding the proposed effective date 
of the order issued under section 1304, the Secretary 
shall conduct a referendum among manufacturers eligi-
ble under subsection (b)(2) subject to assessments under 
section 1306. 
(2) APPROVAL
OF
ORDER
NEEDED.—The order 
shall become effective only if the Secretary determines 
that the order has been approved by a majority of manu-
facturers voting who also represent a majority of the
719 
•HRES 1082 EH 
machine cavities in operation of those manufacturers 
voting in the referendum. 
(b) VOTES PERMITTED.— 
(1) IN GENERAL.—Each manufacturer eligible to 
vote in a referendum conducted under this section shall 
be entitled to cast 1 vote. 
(2) ELIGIBILITY.—For purposes of paragraph (1), 
a manufacturer shall be considered to be eligible to vote 
if the manufacturer has manufactured concrete masonry 
products during a period of at least 180 days prior to 
the first day of the period during which voting in the 
referendum will occur. 
(c) MANNER OF CONDUCTING REFERENDA.— 
(1) IN GENERAL.—Referenda conducted pursuant 
to this section shall be conducted in a manner deter-
mined by the Secretary. 
(2) ADVANCE REGISTRATION.—A manufacturer who 
chooses to vote in any referendum conducted under this 
section shall register with the Secretary prior to the vot-
ing period, after receiving notice from the Secretary con-
cerning the referendum under paragraph (4). 
(3) VOTING.—The Secretary shall establish proce-
dures for voting in any referendum conducted under this 
section. The ballots and other information or reports
720 
•HRES 1082 EH 
that reveal or tend to reveal the identity or vote of voters 
shall be strictly confidential. 
(4) NOTICE.—Not later than 30 days before a ref-
erendum is conducted under this section with respect to 
an order, the Secretary shall notify all manufacturers, in 
such a manner as determined by the Secretary, of the 
period during which voting in the referendum will occur. 
The notice shall explain any registration and voting pro-
cedures established under this subsection. 
(d) SUBSEQUENT REFERENDA.—If an order is approved 
in a referendum conducted under subsection (a), the Sec-
retary shall conduct a subsequent referendum— 
(1) at the request of the Board, subject to the vot-
ing requirements of subsections (b) and (c), to ascertain 
whether eligible manufacturers favor suspension, termi-
nation, or continuance of the order; or 
(2) effective beginning on the date that is 5 years 
after the date of the approval of the order, and at 5-year 
intervals thereafter, at the request of 25 percent or more 
of the total number of persons eligible to vote under sub-
section (b). 
(e) SUSPENSION OR TERMINATION.—If, as a result of a 
referendum conducted under subsection (d), the Secretary de-
termines that suspension or termination of the order is fa-
721 
•HRES 1082 EH 
vored by a majority of all votes cast in the referendum as 
provided in subsection (a)(2), the Secretary shall— 
(1) not later than 180 days after the referendum, 
suspend or terminate, as appropriate, collection of as-
sessments under the order; and 
(2) suspend or terminate, as appropriate, programs 
and projects under the order as soon as practicable and 
in an orderly manner. 
(f) COSTS
OF REFERENDA.—The Board established 
under an order with respect to which a referendum is con-
ducted under this section shall reimburse the Secretary from 
assessments for any expenses incurred by the Secretary to 
conduct the referendum. 
SEC. 1308. PETITION AND REVIEW. 
(a) PETITION.— 
(1) IN GENERAL.—A person subject to an order 
issued under this division may file with the Secretary a 
petition— 
(A) stating that the order, any provision of the 
order, or any obligation imposed in connection with 
the order, is not established in accordance with law; 
and 
(B) requesting a modification of the order or 
an exemption from the order.
722 
•HRES 1082 EH 
(2) HEARING.—The Secretary shall give the peti-
tioner an opportunity for a hearing on the petition, in 
accordance with regulations issued by the Secretary. 
(3) RULING.—After the hearing, the Secretary shall 
make a ruling on the petition. The ruling shall be final, 
subject to review as set forth in subsection (b). 
(4) LIMITATION ON PETITION.—Any petition filed 
under this subsection challenging an order, any provision 
of the order, or any obligation imposed in connection 
with the order, shall be filed not less than 2 years after 
the effective date of the order, provision, or obligation 
subject to challenge in the petition. 
(b) REVIEW.— 
(1) COMMENCEMENT
OF
ACTION.—The district 
courts of the United States in any district in which a 
person who is a petitioner under subsection (a) resides 
or conducts business shall have jurisdiction to review the 
ruling of the Secretary on the petition of the person, if 
a complaint requesting the review is filed no later than 
30 days after the date of the entry of the ruling by the 
Secretary. 
(2) PROCESS.—Service of process in proceedings 
under this subsection shall be conducted in accordance 
with the Federal Rules of Civil Procedure.
723 
•HRES 1082 EH 
(3) REMANDS.—If the court in a proceeding under 
this subsection determines that the ruling of the Sec-
retary on the petition of the person is not in accordance 
with law, the court shall remand the matter to the Sec-
retary with directions— 
(A) to make such ruling as the court shall de-
termine to be in accordance with law; or 
(B) to take such further action as, in the opin-
ion of the court, the law requires. 
(c) ENFORCEMENT.—The pendency of proceedings insti-
tuted under this section shall not impede, hinder, or delay the 
Attorney General or the Secretary from obtaining relief under 
section 1309. 
SEC. 1309. ENFORCEMENT. 
(a) JURISDICTION.—A district court of the United 
States shall have jurisdiction to enforce, and to prevent and 
restrain any person from violating, this division or an order 
or regulation issued by the Secretary under this division. 
(b) REFERRAL TO ATTORNEY GENERAL.—A civil action 
authorized to be brought under this section shall be referred 
to the Attorney General of the United States for appropriate 
action. 
(c) CIVIL PENALTIES AND ORDERS.— 
(1) CIVIL PENALTIES.—A person who willfully vio-
lates an order or regulation issued by the Secretary
724 
•HRES 1082 EH 
under this division may be assessed by the Secretary a 
civil penalty of not more than $5,000 for each violation. 
(2) SEPARATE OFFENSE.—Each violation and each 
day during which there is a failure to comply with an 
order or regulation issued by the Secretary shall be con-
sidered to be a separate offense. 
(3) CEASE-AND-DESIST ORDERS.—In addition to, or 
in lieu of, a civil penalty, the Secretary may issue an 
order requiring a person to cease and desist from vio-
lating the order or regulation. 
(4) NOTICE AND HEARING.—No order assessing a 
penalty or cease-and-desist order may be issued by the 
Secretary under this subsection unless the Secretary pro-
vides notice and an opportunity for a hearing on the 
record with respect to the violation. 
(5) FINALITY.—An order assessing a penalty or a 
cease-and-desist order issued under this subsection by 
the Secretary shall be final and conclusive unless the 
person against whom the order is issued files an appeal 
from the order with the appropriate district court of the 
United States. 
(d) ADDITIONAL REMEDIES.—The remedies provided in 
this division shall be in addition to, and not exclusive of, 
other remedies that may be available.
725 
•HRES 1082 EH 
SEC. 1310. INVESTIGATION AND POWER TO SUBPOENA. 
(a) INVESTIGATIONS.—The Secretary may conduct such 
investigations as the Secretary considers necessary for the ef-
fective administration of this division, or to determine wheth-
er any person has engaged or is engaging in any act that con-
stitutes a violation of this division or any order or regulation 
issued under this division. 
(b) SUBPOENAS, OATHS, AND AFFIRMATIONS.— 
(1) INVESTIGATIONS.—For the purpose of con-
ducting an investigation under subsection (a), the Sec-
retary may administer oaths and affirmations, subpoena 
witnesses, compel the attendance of witnesses, take evi-
dence, and require the production of any records that 
are relevant to the inquiry. The production of the 
records may be required from any place in the United 
States. 
(2) ADMINISTRATIVE HEARINGS.—For the purpose 
of an administrative hearing held under section 
1308(a)(2) or section 1309(c)(4), the presiding officer 
may administer oaths and affirmations, subpoena wit-
nesses, compel the attendance of witnesses, take evi-
dence, and require the production of any records that 
are relevant to the inquiry. The attendance of witnesses 
and the production of the records may be required from 
any place in the United States. 
(c) AID OF COURTS.—
726 
•HRES 1082 EH 
(1) IN GENERAL.—In the case of contumacy by, or 
refusal to obey a subpoena issued under subsection (b) 
to, any person, the Secretary may invoke the aid of any 
court of the United States within the jurisdiction of 
which the investigation or proceeding is conducted, or 
where the person resides or conducts business, in order 
to enforce a subpoena issued under subsection (b). 
(2) ORDER.—The court may issue an order requir-
ing the person referred to in paragraph (1) to comply 
with a subpoena referred to in paragraph (1). 
(3) FAILURE TO OBEY.—Any failure to obey the 
order of the court may be punished by the court as a 
contempt of court. 
(4) PROCESS.—Process in any proceeding under 
this subsection may be served in the United States judi-
cial district in which the person being proceeded against 
resides or conducts business, or wherever the person may 
be found. 
SEC. 1311. SUSPENSION OR TERMINATION. 
(a) MANDATORY SUSPENSION OR TERMINATION.—The 
Secretary shall suspend or terminate an order or a provision 
of an order if the Secretary finds that an order or provision 
of an order obstructs or does not tend to effectuate the pur-
pose of this division, or if the Secretary determines that the 
order or a provision of an order is not favored by a majority
727 
•HRES 1082 EH 
of all votes cast in the referendum as provided in section 
1307(a)(2). 
(b) IMPLEMENTATION
OF
SUSPENSION
OR
TERMI-
NATION.—If, as a result of a referendum conducted under 
section 1307, the Secretary determines that the order is not 
approved, the Secretary shall— 
(1) not later than 180 days after making the deter-
mination, suspend or terminate, as the case may be, col-
lection of assessments under the order; and 
(2) as soon as practicable, suspend or terminate, as 
the case may be, activities under the order in an orderly 
manner. 
SEC. 1312. AMENDMENTS TO ORDERS. 
The provisions of this division applicable to the order 
shall be applicable to any amendment to the order, except 
that section 1308 shall not apply to an amendment. 
SEC. 1313. EFFECT ON OTHER LAWS. 
This division shall not affect or preempt any other Fed-
eral or State law authorizing research, education, and pro-
motion relating to concrete masonry products. 
SEC. 1314. REGULATIONS. 
The Secretary may issue such regulations as may be 
necessary to carry out this division and the power vested in 
the Secretary under this division.
728 
•HRES 1082 EH 
SEC. 1315. LIMITATION ON EXPENDITURES FOR ADMINISTRA-
TIVE EXPENSES. 
Funds appropriated to carry out this division may not 
be used for the payment of the expenses or expenditures of 
the Board in administering the order. 
SEC. 1316. LIMITATIONS ON OBLIGATION OF FUNDS. 
(a) IN GENERAL.—In each fiscal year of the covered pe-
riod, the Board may not obligate an amount greater than the 
sum of— 
(1) 73 percent of the amount of assessments esti-
mated to be collected under section 1306 in such fiscal 
year; 
(2) 73 percent of the amount of assessments actu-
ally collected under section 1306 in the most recent fis-
cal year for which an audit report has been submitted 
under section 1305(f)(2)(B) as of the beginning of the 
fiscal year for which the amount that may be obligated 
is being determined, less the estimate made pursuant to 
paragraph (1) for such most recent fiscal year; and 
(3) amounts permitted in preceding fiscal years to 
be obligated pursuant to this subsection that have not 
been obligated. 
(b) EXCESS AMOUNTS DEPOSITED
IN ESCROW AC-
COUNT.—Assessments collected under section 1306 in excess 
of the amount permitted to be obligated under subsection (a)
729 
•HRES 1082 EH 
in a fiscal year shall be deposited in an escrow account for 
the duration of the covered period. 
(c) TREATMENT OF AMOUNTS IN ESCROW ACCOUNT.— 
During the covered period, the Board may not obligate, ex-
pend, or borrow against amounts required under subsection 
(b) to be deposited in the escrow account. Any interest earned 
on such amounts shall be deposited in the escrow account and 
shall be unavailable for obligation for the duration of the cov-
ered period. 
(d) RELEASE
OF AMOUNTS
IN ESCROW ACCOUNT.— 
After the covered period, the Board may withdraw and obli-
gate in any fiscal year an amount in the escrow account that 
does not exceed 1⁄5 of the amount in the escrow account on 
the last day of the covered period. 
(e) SPECIAL RULE FOR ESTIMATES FOR PARTICULAR 
FISCAL YEARS.— 
(1) RULE.—For purposes of subsection (a)(1), the 
amount of assessments estimated to be collected under 
section 1306 in a fiscal year specified in paragraph (2) 
shall be equal to 62 percent of the amount of assess-
ments actually collected under such section in the most 
recent fiscal year for which an audit report has been 
submitted under section 1305(f)(2)(B) as of the begin-
ning of the fiscal year for which the amount that may 
be obligated is being determined.
730 
•HRES 1082 EH 
(2) FISCAL
YEARS
SPECIFIED.—The fiscal years 
specified in this paragraph are the 9th and 10th fiscal 
years that begin on or after the date of enactment of 
this Act. 
(f) COVERED PERIOD DEFINED.—In this section, the 
term ‘‘covered period’’ means the period that begins on the 
date of enactment of this Act and ends on the last day of 
the 11th fiscal year that begins on or after such date of en-
actment. 
SEC. 1317. STUDY AND REPORT BY THE GOVERNMENT AC-
COUNTABILITY OFFICE. 
Not later than 5 years after the date of enactment of 
this Act, the Comptroller General of the United States shall 
prepare a study, and not later than 8 years after the date 
of enactment of this Act, the Comptroller General shall sub-
mit to Congress and the Secretary a report, examining— 
(1) how the Board spends assessments collected; 
(2) the extent to which the reported activities of the 
Board help achieve the annual objectives of the Board; 
(3) any changes in demand for concrete masonry 
products relative to other building materials; 
(4) any impact of the activities of the Board on the 
market share of competing products; 
(5) any impact of the activities of the Board on the 
overall size of the market for building products;
731 
•HRES 1082 EH 
(6) any impact of the activities of the Board on the 
total number of concrete-masonry-related jobs, including 
manufacturing, sales, and installation; 
(7) any significant effects of the activities of the 
Board on downstream purchasers of concrete masonry 
products and real property into which concrete masonry 
products are incorporated; 
(8) effects on prices of concrete masonry products 
as a result of the activities of the Board; 
(9) the cost to the Federal Government of an in-
crease in concrete masonry product prices, if any, as a 
result of the program established by this division; 
(10) the extent to which key statutory requirements 
are met; 
(11) the extent and strength of Federal oversight of 
the program established by this division; 
(12) the appropriateness of administering the pro-
gram from within the Office of the Secretary of Com-
merce and the appropriateness of administering the pro-
gram from within any division of the Department, in-
cluding whether the Department has the expertise, 
knowledge, or other capabilities necessary to adequately 
administer the program; and 
(13) any other topic that the Comptroller General 
considers appropriate.
732 
•HRES 1082 EH 
SEC. 1318. STUDY AND REPORT BY THE DEPARTMENT OF COM-
MERCE. 
Not later than 3 years after the date of enactment of 
this Act, the Secretary shall prepare a study and submit to 
Congress a report examining the appropriateness and effec-
tiveness of applying the commodity check-off program model 
(such as those programs established under the Commodity 
Promotion, Research, and Information Act of 1996 (7 U.S.C. 
7411 et seq.)) to a nonagricultural industry, taking into ac-
count the program established by this division and any other 
check-off program involving a nonagricultural industry. 
DIVISION F—BUILD ACT OF 2018 
SEC. 1401. SHORT TITLE. 
This division may be cited as the ‘‘Better Utilization of 
Investments Leading to Development Act of 2018’’ or the 
‘‘BUILD Act of 2018’’. 
SEC. 1402. DEFINITIONS. 
In this division: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.— 
The 
term 
‘‘appropriate 
congressional 
committees’’ 
means— 
(A) the Committee on Foreign Relations and 
the Committee on Appropriations of the Senate; 
and
733 
•HRES 1082 EH 
(B) the Committee on Foreign Affairs and the 
Committee on Appropriations of the House of Rep-
resentatives. 
(2) LESS DEVELOPED COUNTRY.—The term ‘‘less 
developed country’’ means a country with a low-income 
economy, lower-middle-income economy, or upper-middle- 
income economy, as defined by the International Bank 
for Reconstruction and Development and the Inter-
national Development Association (collectively referred to 
as the ‘‘World Bank’’). 
(3) PREDECESSOR AUTHORITY.—The term ‘‘prede-
cessor authority’’ means authorities repealed by title VI. 
(4) QUALIFYING
SOVEREIGN
ENTITY.—The term 
‘‘qualifying sovereign entity’’ means— 
(A) any agency or instrumentality of a foreign 
state (as defined in section 1603 of title 28, United 
States Code) that has a purpose that is similar to 
the purpose of the Corporation as described in sec-
tion 1412(b); or 
(B) any international financial institution (as 
defined in section 1701(c) of the International Fi-
nancial Institutions Act (22 U.S.C. 262r(c))).
734 
•HRES 1082 EH 
TITLE I—ESTABLISHMENT 
SEC. 1411. STATEMENT OF POLICY. 
It is the policy of the United States to facilitate market- 
based private sector development and inclusive economic 
growth in less developed countries through the provision of 
credit, capital, and other financial support— 
(1) to mobilize private capital in support of sustain-
able, broad-based economic growth, poverty reduction, 
and development through demand-driven partnerships 
with the private sector that further the foreign policy in-
terests of the United States; 
(2) to finance development that builds and 
strengthens civic institutions, promotes competition, and 
provides for public accountability and transparency; 
(3) to help private sector actors overcome identifi-
able market gaps and inefficiencies without distorting 
markets; 
(4) to achieve clearly defined economic and social 
development outcomes; 
(5) to coordinate with institutions with purposes 
similar to the purposes of the Corporation to leverage re-
sources of those institutions to produce the greatest im-
pact; 
(6) to provide countries a robust alternative to 
state-directed investments by authoritarian governments
735 
•HRES 1082 EH 
and United States strategic competitors using best prac-
tices with respect to transparency and environmental 
and social safeguards, and which take into account the 
debt sustainability of partner countries; 
(7) to leverage private sector capabilities and inno-
vative development tools to help countries transition 
from recipients of bilateral development assistance to-
ward increased self-reliance; and 
(8) to complement and be guided by overall United 
States foreign policy, development, and national security 
objectives, taking into account the priorities and needs 
of countries receiving support. 
SEC. 1412. UNITED STATES INTERNATIONAL DEVELOPMENT FI-
NANCE CORPORATION. 
(a) ESTABLISHMENT.—There is established in the execu-
tive branch the United States International Development Fi-
nance Corporation (in this division referred to as the ‘‘Cor-
poration’’), which shall be a wholly owned Government cor-
poration for purposes of chapter 91 of title 31, United States 
Code, under the foreign policy guidance of the Secretary of 
State. 
(b) PURPOSE.—The purpose of the Corporation shall be 
to mobilize and facilitate the participation of private sector 
capital and skills in the economic development of less devel-
oped countries, as described in subsection (c), and countries
736 
•HRES 1082 EH 
in transition from nonmarket to market economies, in order 
to complement the development assistance objectives, and ad-
vance the foreign policy interests, of the United States. In 
carrying out its purpose, the Corporation, utilizing broad cri-
teria, shall take into account in its financing operations the 
economic and financial soundness and development objectives 
of projects for which it provides support under title II. 
(c) LESS DEVELOPED COUNTRY FOCUS.— 
(1) IN GENERAL.—The Corporation shall prioritize 
the provision of support under title II in less developed 
countries with a low-income economy or a lower-middle- 
income economy. 
(2) SUPPORT
IN
UPPER-MIDDLE-INCOME
COUN-
TRIES.—The Corporation shall restrict the provision of 
support under title II in a less developed country with 
an upper-middle-income economy unless— 
(A) the President certifies to the appropriate 
congressional committees that such support furthers 
the national economic or foreign policy interests of 
the United States; and 
(B) such support is designed to produce sig-
nificant developmental outcomes or provide develop-
mental benefits to the poorest population of that 
country.
737 
•HRES 1082 EH 
SEC. 1413. MANAGEMENT OF CORPORATION. 
(a) STRUCTURE OF CORPORATION.—There shall be in 
the Corporation a Board of Directors (in this division re-
ferred to as the ‘‘Board’’), a Chief Executive Officer, a Dep-
uty Chief Executive Officer, a Chief Risk Officer, a Chief De-
velopment Officer, and such other officers as the Board may 
determine. 
(b) BOARD OF DIRECTORS.— 
(1) DUTIES.—All powers of the Corporation shall 
vest in and be exercised by or under the authority of the 
Board. The Board— 
(A) shall perform the functions specified to be 
carried out by the Board in this division; 
(B) may prescribe, amend, and repeal bylaws, 
rules, regulations, policies, and procedures gov-
erning the manner in which the business of the Cor-
poration may be conducted and in which the powers 
granted to the Corporation by law may be exercised; 
and 
(C) shall develop, in consultation with stake-
holders, other interested parties, and the appro-
priate congressional committees, a publicly available 
policy with respect to consultations, hearings, and 
other forms of engagement in order to provide for 
meaningful public participation in the Board’s ac-
tivities.
738 
•HRES 1082 EH 
(2) MEMBERSHIP OF BOARD.— 
(A) IN
GENERAL.—The Board shall consist 
of— 
(i) the Chief Executive Officer of the Cor-
poration; 
(ii) the officers specified in subparagraph 
(B); and 
(iii) four other individuals who shall be 
appointed by the President, by and with the 
advice and consent of the Senate, of which— 
(I) one individual should be ap-
pointed from among a list of at least 5 in-
dividuals submitted by the majority leader 
of the Senate after consultation with the 
chairman of the Committee on Foreign 
Relations of the Senate; 
(II) one individual should be ap-
pointed from among a list of at least 5 in-
dividuals submitted by the minority leader 
of the Senate after consultation with the 
ranking member of the Committee on 
Foreign Relations of the Senate; 
(III) one individual should be ap-
pointed from among a list of at least 5 in-
dividuals submitted by the Speaker of the
739 
•HRES 1082 EH 
House of Representatives after consulta-
tion with the chairman of the Committee 
on Foreign Affairs of the House of Rep-
resentatives; and 
(IV) one individual should be ap-
pointed from among a list of at least 5 in-
dividuals submitted by the minority leader 
of the House of Representatives after con-
sultation with the ranking member of the 
Committee on Foreign Affairs of the 
House of Representatives. 
(B) OFFICERS SPECIFIED.— 
(i) IN GENERAL.—The officers specified in 
this subparagraph are the following: 
(I) The Secretary of State or a des-
ignee of the Secretary. 
(II) The Administrator of the United 
States Agency for International Develop-
ment or a designee of the Administrator. 
(III) The Secretary of the Treasury 
or a designee of the Secretary. 
(IV) The Secretary of Commerce or a 
designee of the Secretary.
740 
•HRES 1082 EH 
(ii) REQUIREMENTS FOR DESIGNEES.—A 
designee under clause (i) shall be selected from 
among officers— 
(I) appointed by the President, by 
and with the advice and consent of the 
Senate; 
(II) whose duties relate to the pro-
grams of the Corporation; and 
(III) who is designated by and serv-
ing at the pleasure of the President. 
(C) REQUIREMENTS
FOR
NONGOVERNMENT 
MEMBERS.—A member of the Board described in 
subparagraph (A)(iii)— 
(i) may not be an officer or employee of 
the United States Government; 
(ii) shall have relevant experience, which 
may include experience relating to the private 
sector, the environment, labor organizations, or 
international development, to carry out the 
purpose of the Corporation; 
(iii) shall be appointed for a term of 3 
years and may be reappointed for one addi-
tional term; 
(iv) shall serve until the member’s suc-
cessor is appointed and confirmed;
741 
•HRES 1082 EH 
(v) shall be compensated at a rate equiva-
lent to that of level IV of the Executive Sched-
ule under section 5315 of title 5, United States 
Code, when engaged in the business of the Cor-
poration; and 
(vi) may be paid per diem in lieu of sub-
sistence at the applicable rate under the Fed-
eral Travel Regulation under subtitle F of title 
41, Code of Federal Regulations, from time to 
time, while away from the home or usual place 
of business of the member. 
(3) CHAIRPERSON.—The Secretary of State, or the 
designee of the Secretary under paragraph (2)(B)(i)(I), 
shall serve as the Chairperson of the Board. 
(4) VICE CHAIRPERSON.—The Administrator of the 
United States Agency for International Development, or 
the designee of the Administrator under paragraph 
(2)(B)(i)(II), shall serve as the Vice Chairperson of the 
Board. 
(5) QUORUM.—Five members of the Board shall 
constitute a quorum for the transaction of business by 
the Board. 
(c) PUBLIC HEARINGS.—The Board shall hold at least 
2 public hearings each year in order to afford an opportunity 
for any person to present views with respect to whether—
742 
•HRES 1082 EH 
(1) the Corporation is carrying out its activities in 
accordance with this division; and 
(2) any support provided by the Corporation under 
title II in any country should be suspended, expanded, 
or extended. 
(d) CHIEF EXECUTIVE OFFICER.— 
(1) APPOINTMENT.—There shall be in the Corpora-
tion a Chief Executive Officer, who shall be appointed by 
the President, by and with the advice and consent of the 
Senate, and who shall serve at the pleasure of the Presi-
dent. 
(2) AUTHORITIES AND DUTIES.—The Chief Execu-
tive Officer shall be responsible for the management of 
the Corporation and shall exercise the powers and dis-
charge the duties of the Corporation subject to the by-
laws, rules, regulations, and procedures established by 
the Board. 
(3) RELATIONSHIP TO BOARD.—The Chief Execu-
tive Officer shall report to and be under the direct au-
thority of the Board. 
(4) COMPENSATION.—Section 5313 of title 5, 
United States Code, is amended by adding at the end 
the following: 
‘‘Chief Executive Officer, United States Inter-
national Development Finance Corporation.’’.
743 
•HRES 1082 EH 
(e) DEPUTY CHIEF EXECUTIVE OFFICER.—There shall 
be in the Corporation a Deputy Chief Executive Officer, who 
shall be appointed by the President, by and with the advice 
and consent of the Senate, and who shall serve at the pleas-
ure of the President. 
(f) CHIEF RISK OFFICER.— 
(1) APPOINTMENT.—Subject to the approval of the 
Board, the Chief Executive Officer of the Corporation 
shall appoint a Chief Risk Officer, from among individ-
uals with experience at a senior level in financial risk 
management, who— 
(A) shall report directly to the Board; and 
(B) shall be removable only by a majority vote 
of the Board. 
(2) DUTIES.—The Chief Risk Officer shall, in co-
ordination with the audit committee of the Board estab-
lished under section 1441, develop, implement, and man-
age a comprehensive process for identifying, assessing, 
monitoring, and limiting risks to the Corporation, in-
cluding the overall portfolio diversification of the Cor-
poration. 
(g) CHIEF DEVELOPMENT OFFICER.— 
(1) APPOINTMENT.—Subject to the approval of the 
Board, the Chief Executive Officer, with the concurrence 
of the Administrator of the United States Agency for
744 
•HRES 1082 EH 
International Development, shall appoint a Chief Devel-
opment Officer, from among individuals with experience 
in development, who— 
(A) shall report directly to the Board; and 
(B) shall be removable only by a majority vote 
of the Board. 
(2) DUTIES.—The Chief Development Officer 
shall— 
(A) coordinate the Corporation’s development 
policies and implementation efforts with the United 
States Agency for International Development, the 
Millennium Challenge Corporation, and other rel-
evant United States Government departments and 
agencies, including directly liaising with missions of 
the United States Agency for International Develop-
ment, to ensure that departments, agencies, and 
missions have training, awareness, and access to the 
Corporation’s tools in relation to development policy 
and projects in countries; 
(B) under the guidance of the Chief Executive 
Officer, manage employees of the Corporation that 
are dedicated to structuring, monitoring, and evalu-
ating transactions and projects co-designed with the 
United States Agency for International Develop-
745 
•HRES 1082 EH 
ment and other relevant United States Government 
departments and agencies; 
(C) authorize and coordinate transfers of funds 
or other resources to and from such agencies, de-
partments, or missions upon the concurrence of 
those institutions in support of the Corporation’s 
projects or activities; 
(D) manage the responsibilities of the Corpora-
tion under paragraphs (1) and (4) of section 
1442(b) and paragraphs (1)(A) and (3)(A) of sec-
tion 1443(b); 
(E) coordinate and implement the activities of 
the Corporation under section 1445; and 
(F) be an ex officio member of the Develop-
ment Advisory Council established under subsection 
(i) and participate in or send a representative to 
each meeting of the Council. 
(h) OFFICERS AND EMPLOYEES.— 
(1) IN GENERAL.—Except as otherwise provided in 
this section, officers, employees, and agents shall be se-
lected and appointed by the Corporation, and shall be 
vested with such powers and duties as the Corporation 
may determine. 
(2) ADMINISTRATIVELY
DETERMINED
EMPLOY-
EES.—
746 
•HRES 1082 EH 
(A) 
APPOINTMENT; 
COMPENSATION; 
RE-
MOVAL.—Of officers and employees employed by the 
Corporation under paragraph (1), not more than 50 
may be appointed, compensated, or removed without 
regard to title 5, United States Code. 
(B) REINSTATEMENT.—Under such regula-
tions as the President may prescribe, officers and 
employees appointed to a position under subpara-
graph (A) may be entitled, upon removal from such 
position (unless the removal was for cause), to rein-
statement to the position occupied at the time of 
appointment or to a position of comparable grade 
and salary. 
(C) ADDITIONAL
POSITIONS.—Positions au-
thorized by subparagraph (A) shall be in addition to 
those otherwise authorized by law, including posi-
tions authorized under section 5108 of title 5, 
United States Code. 
(D) RATES OF PAY FOR OFFICERS AND EM-
PLOYEES.—The Corporation may set and adjust 
rates of basic pay for officers and employees ap-
pointed under subparagraph (A) without regard to 
the provisions of chapter 51 or subchapter III of 
chapter 53 of title 5, United States Code, relating
747 
•HRES 1082 EH 
to classification of positions and General Schedule 
pay rates, respectively. 
(3) LIABILITY OF EMPLOYEES.— 
(A) IN
GENERAL.—An individual who is a 
member of the Board or an officer or employee of 
the Corporation has no liability under this division 
with respect to any claim arising out of or resulting 
from any act or omission by the individual within 
the scope of the employment of the individual in 
connection with any transaction by the Corporation. 
(B) RULE OF CONSTRUCTION.—Subparagraph 
(A) shall not be construed to limit personal liability 
of an individual for criminal acts or omissions, will-
ful or malicious misconduct, acts or omissions for 
private gain, or any other acts or omissions outside 
the scope of the individual’s employment. 
(C) CONFLICTS OF INTEREST.—The Corpora-
tion shall establish and publish procedures for 
avoiding conflicts of interest on the part of officers 
and employees of the Corporation and members of 
the Development Advisory Council established under 
subsection (i). 
(D) SAVINGS
PROVISION.—This paragraph 
shall not be construed— 
(i) to affect—
748 
•HRES 1082 EH 
(I) any other immunities and protec-
tions that may be available to an indi-
vidual described in subparagraph (A) 
under applicable law with respect to a 
transaction described in that subpara-
graph; or 
(II) any other right or remedy 
against the Corporation, against the 
United States under applicable law, or 
against any person other than an indi-
vidual described in subparagraph (A) par-
ticipating in such a transaction; or 
(ii) to limit or alter in any way the immu-
nities that are available under applicable law 
for Federal officers and employees not de-
scribed in this paragraph. 
(i) DEVELOPMENT ADVISORY COUNCIL.— 
(1) IN GENERAL.—There is established a Develop-
ment Advisory Council (in this subsection referred to as 
the ‘‘Council’’) to advise the Board on development ob-
jectives of the Corporation. 
(2) MEMBERSHIP.—Members of the Council shall 
be appointed by the Board, on the recommendation of 
the Chief Executive Officer and the Chief Development 
Officer, and shall be composed of not more than 9 mem-
749 
•HRES 1082 EH 
bers broadly representative of nongovernmental organi-
zations, think tanks, advocacy organizations, founda-
tions, and other institutions engaged in international de-
velopment. 
(3) FUNCTIONS.—The Board shall call upon mem-
bers of the Council, either collectively or individually, to 
advise the Board regarding the extent to which the Cor-
poration is meeting its development mandate and any 
suggestions for improvements in with respect to meeting 
that mandate, including opportunities in countries and 
project development and implementation challenges and 
opportunities. 
(4) FEDERAL
ADVISORY
COMMITTEE
ACT.—The 
Council shall not be subject to the Federal Advisory 
Committee Act (5 U.S.C. App.). 
SEC. 1414. INSPECTOR GENERAL OF THE CORPORATION. 
(a) IN GENERAL.—Section 8G(a)(2) of the Inspector 
General Act of 1978 (5 U.S.C. App.) is amended by inserting 
‘‘the United States International Development Finance Cor-
poration,’’ after ‘‘the Smithsonian Institution,’’. 
(b) OVERSIGHT INDEPENDENCE.—Section 8G(a)(4) of 
the Inspector General Act of 1978 (5 U.S.C. App.) is amend-
ed— 
(1) in subparagraph (H), by striking ‘‘; and’’ and 
inserting a semicolon;
750 
•HRES 1082 EH 
(2) in subparagraph (I), by striking the semicolon 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(J) with respect to the United States Inter-
national Development Finance Corporation, such 
term means the Board of Directors of the United 
States International Development Finance Corpora-
tion;’’. 
SEC. 1415. INDEPENDENT ACCOUNTABILITY MECHANISM. 
(a) IN GENERAL.—The Board shall establish a trans-
parent and independent accountability mechanism. 
(b) FUNCTIONS.—The independent accountability mech-
anism established pursuant to subsection (a) shall— 
(1) annually evaluate and report to the Board and 
Congress regarding compliance with environmental, so-
cial, labor, human rights, and transparency standards, 
consistent with Corporation statutory mandates; 
(2) provide a forum for resolving concerns regard-
ing the impacts of specific Corporation-supported 
projects with respect to such standards; and 
(3) provide advice regarding Corporation projects, 
policies, and practices.
751 
•HRES 1082 EH 
TITLE II—AUTHORITIES 
SEC. 1421. AUTHORITIES RELATING TO PROVISION OF SUP-
PORT. 
(a) IN GENERAL.—The authorities in this title shall only 
be exercised to— 
(1) carry out of the policy of the United States in 
section 1411 and the purpose of the Corporation in sec-
tion 1412; 
(2) mitigate risks to United States taxpayers by 
sharing risks with the private sector and qualifying sov-
ereign entities through co-financing and structuring of 
tools; and 
(3) ensure that support provided under this title is 
additional to private sector resources by mobilizing pri-
vate capital that would otherwise not be deployed with-
out such support. 
(b) LENDING AND GUARANTIES.— 
(1) IN
GENERAL.—The Corporation may make 
loans or guaranties upon such terms and conditions as 
the Corporation may determine. 
(2) DENOMINATION.—Loans and guaranties issued 
under paragraph (1) may be denominated and repayable 
in United States dollars or foreign currencies. Foreign 
currency denominated loans and guaranties should only
752 
•HRES 1082 EH 
be provided if the Board determines there is a sub-
stantive policy rationale for such loans and guaranties. 
(3) APPLICABILITY OF FEDERAL CREDIT REFORM 
ACT OF 1990.—Loans and guaranties issued under para-
graph (1) shall be subject to the requirements of the 
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et 
seq.). 
(c) EQUITY INVESTMENTS.— 
(1) IN GENERAL.—The Corporation may, as a mi-
nority investor, support projects with funds or use other 
mechanisms for the purpose of purchasing, and may 
make and fund commitments to purchase, invest in, 
make pledges in respect of, or otherwise acquire, equity 
or quasi-equity securities or shares or financial interests 
of any entity, including as a limited partner or other in-
vestor in investment funds, upon such terms and condi-
tions as the Corporation may determine. 
(2) DENOMINATION.—Support provided under para-
graph (1) may be denominated and repayable in United 
States dollars or foreign currency. Foreign currency de-
nominated support provided by paragraph (1) should 
only be provided if the Board determines there is a sub-
stantive policy rationale for such support. 
(3) GUIDELINES AND CRITERIA.—The Corporation 
shall develop guidelines and criteria to require that the
753 
•HRES 1082 EH 
use of the authority provided by paragraph (1) with re-
spect to a project has a clearly defined development and 
foreign policy purpose, taking into account the following 
objectives: 
(A) The support for the project would be more 
likely than not to substantially reduce or overcome 
the effect of an identified market failure in the 
country in which the project is carried out. 
(B) The project would not have proceeded or 
would have been substantially delayed without the 
support. 
(C) The support would meaningfully contribute 
to transforming local conditions to promote the de-
velopment of markets. 
(D) The support can be shown to be aligned 
with commercial partner incentives. 
(E) The support can be shown to have signifi-
cant developmental impact and will contribute to 
long-term commercial sustainability. 
(F) The support furthers the policy of the 
United States described in section 1411. 
(4) LIMITATIONS ON EQUITY INVESTMENTS.— 
(A) PER
PROJECT
LIMIT.—The aggregate 
amount of support provided under this subsection 
with respect to any project shall not exceed 30 per-
754 
•HRES 1082 EH 
cent of the aggregate amount of all equity invest-
ment made to the project at the time that the Cor-
poration approves support of the project. 
(B) TOTAL LIMIT.—Support provided pursuant 
to this subsection shall be limited to not more than 
35 percent of the Corporation’s aggregate exposure 
on the date that such support is provided. 
(5) SALES AND LIQUIDATION OF POSITION.—The 
Corporation shall seek to sell and liquidate any support 
for a project provided under this subsection as soon as 
commercially feasible, commensurate with other similar 
investors in the project and taking into consideration the 
national security interests of the United States. 
(6) TIMETABLE.—The Corporation shall create a 
project-specific timetable for support provided under 
paragraph (1). 
(d) INSURANCE AND REINSURANCE.—The Corporation 
may issue insurance or reinsurance, upon such terms and 
conditions as the Corporation may determine, to private sec-
tor entities and qualifying sovereign entities assuring protec-
tion of their investments in whole or in part against any or 
all political risks such as currency inconvertibility and trans-
fer restrictions, expropriation, war, terrorism, civil disturb-
ance, breach of contract, or nonhonoring of financial obliga-
tions.
755 
•HRES 1082 EH 
(e) PROMOTION OF AND SUPPORT FOR PRIVATE INVEST-
MENT OPPORTUNITIES.— 
(1) IN GENERAL.—In order to carry out the pur-
pose of the Corporation described in section 1412(b), the 
Corporation may initiate and support, through financial 
participation, incentive grant, or otherwise, and on such 
terms and conditions as the Corporation may determine, 
feasibility studies for the planning, development, and 
management of, and procurement for, potential bilateral 
and multilateral development projects eligible for support 
under this title, including training activities undertaken 
in connection with such projects, for the purpose of pro-
moting investment in such projects and the identifica-
tion, assessment, surveying, and promotion of private in-
vestment opportunities, utilizing wherever feasible and 
effective, the facilities of private investors. 
(2) CONTRIBUTIONS TO COSTS.—The Corporation 
shall, to the maximum extent practicable, require any 
person receiving funds under the authorities of this sub-
section to— 
(A) share the costs of feasibility studies and 
other project planning services funded under this 
subsection; and
756 
•HRES 1082 EH 
(B) reimburse the Corporation those funds 
provided under this section, if the person succeeds 
in project implementation. 
(f) SPECIAL PROJECTS AND PROGRAMS.—The Corpora-
tion may administer and manage special projects and pro-
grams in support of specific transactions undertaken by the 
Corporation, including programs of financial and advisory 
support that provide private technical, professional, or mana-
gerial assistance in the development of human resources, 
skills, technology, capital savings, or intermediate financial 
and investment institutions or cooperatives, and including the 
initiation of incentives, grants, or studies for energy, women’s 
economic empowerment, microenterprise households, or other 
small business activities. 
(g) ENTERPRISE FUNDS.— 
(1) IN GENERAL.—The Corporation may, following 
consultation with the Secretary of State, the Adminis-
trator of the United States Agency for International De-
velopment, and the heads of other relevant departments 
or agencies, establish and operate enterprise funds in ac-
cordance with this subsection. 
(2) PRIVATE CHARACTER OF FUNDS.—Nothing in 
this section shall be construed to make an enterprise 
fund an agency or establishment of the United States 
Government, or to make the officers, employees, or mem-
757 
•HRES 1082 EH 
bers of the Board of Directors of an enterprise fund offi-
cers or employees of the United States for purposes of 
title 5, United States Code. 
(3) PURPOSES FOR WHICH SUPPORT MAY BE PRO-
VIDED.—The Corporation, subject to the approval of the 
Board, may designate private, nonprofit organizations as 
eligible to receive support under this title for the fol-
lowing purposes: 
(A) To promote development of economic free-
dom and private sectors, including small- and me-
dium-sized enterprises and joint ventures with the 
United States and host country participants. 
(B) To facilitate access to credit to small- and 
medium-sized enterprises with sound business plans 
in countries where there is limited means of access-
ing credit on market terms. 
(C) To promote policies and practices condu-
cive to economic freedom and private sector develop-
ment. 
(D) To attract foreign direct investment cap-
ital to further promote private sector development 
and economic freedom. 
(E) To complement the work of the United 
States Agency for International Development and 
other donors to improve the overall business-ena-
758 
•HRES 1082 EH 
bling environment, financing the creation and ex-
pansion of the private business sector. 
(F) To make financially sustainable invest-
ments designed to generate measurable social bene-
fits and build technical capacity in addition to fi-
nancial returns. 
(4) OPERATION OF FUNDS.— 
(A) EXPENDITURES.—Funds made available to 
an enterprise fund shall be expended at the min-
imum rate necessary to make timely payments for 
projects and activities carried out under this sub-
section. 
(B) ADMINISTRATIVE
EXPENSES.—Not more 
than 3 percent per annum of the funds made avail-
able to an enterprise fund may be obligated or ex-
pended for the administrative expenses of the enter-
prise fund. 
(5) BOARD OF DIRECTORS.—Each enterprise fund 
established under this subsection should be governed by 
a Board of Directors comprised of private citizens of the 
United States or the host country, who— 
(A) shall be appointed by the President after 
consultation with the chairmen and ranking mem-
bers of the appropriate congressional committees; 
and
759 
•HRES 1082 EH 
(B) have pursued careers in international busi-
ness and have demonstrated expertise in inter-
national and emerging market investment activities. 
(6) MAJORITY MEMBER REQUIREMENT.—The ma-
jority of the members of the Board of Directors shall be 
United States citizens who shall have relevant experience 
relating to the purposes described in paragraph (3). 
(7) REPORTS.—Not later than one year after the 
date of the establishment of an enterprise fund under 
this subsection, and annually thereafter until the enter-
prise fund terminates in accordance with paragraph 
(10), the Board of Directors of the enterprise fund 
shall— 
(A) submit to the appropriate congressional 
committees a report— 
(i) detailing the administrative expenses of 
the enterprise fund during the year preceding 
the submission of the report; 
(ii) describing the operations, activities, 
engagement with civil society and relevant local 
private sector entities, development objectives 
and outcomes, financial condition, and accom-
plishments of the enterprise fund during that 
year;
760 
•HRES 1082 EH 
(iii) describing the results of any audit 
conducted under paragraph (8); and 
(iv) describing how audits conducted 
under paragraph (8) are informing the oper-
ations and activities of the enterprise fund; and 
(B) publish, on a publicly available internet 
website of the enterprise fund, each report required 
by subparagraph (A). 
(8) OVERSIGHT.— 
(A) INSPECTOR GENERAL PERFORMANCE AU-
DITS.— 
(i) IN GENERAL.—The Inspector General 
of the Corporation shall conduct periodic au-
dits of the activities of each enterprise fund es-
tablished under this subsection. 
(ii) CONSIDERATION.—In conducting an 
audit under clause (i), the Inspector General 
shall assess whether the activities of the enter-
prise fund— 
(I) support the purposes described in 
paragraph (3); 
(II) result in profitable private sector 
investing; and 
(III) generate measurable social ben-
efits.
761 
•HRES 1082 EH 
(B) RECORDKEEPING
REQUIREMENTS.—The 
Corporation shall ensure that each enterprise fund 
receiving support under this subsection— 
(i) keeps separate accounts with respect to 
such support; and 
(ii) maintains such records as may be rea-
sonably necessary to facilitate effective audits 
under this paragraph. 
(9) RETURN OF FUNDS TO TREASURY.—Any funds 
resulting from any liquidation, dissolution, or winding up 
of an enterprise fund, in whole or in part, shall be re-
turned to the Treasury of the United States. 
(10) TERMINATION.—The authority of an enter-
prise fund to provide support under this subsection shall 
terminate on the earlier of— 
(A) the date that is 10 years after the date of 
the first expenditure of amounts from the enterprise 
fund; or 
(B) the date on which the enterprise fund is 
liquidated. 
(h) SUPERVISION
OF
SUPPORT.—Support provided 
under this title shall be subject to section 622(c) of the For-
eign Assistance Act of 1961 (22 U.S.C. 2382(c)). 
(i) SMALL BUSINESS DEVELOPMENT.—
762 
•HRES 1082 EH 
(1) IN
GENERAL.—The Corporation shall under-
take, in cooperation with appropriate departments, agen-
cies, and instrumentalities of the United States as well 
as private entities and others, to broaden the participa-
tion of United States small businesses and cooperatives 
and other small United States investors in the develop-
ment of small private enterprise in less developed friend-
ly countries or areas. 
(2) OUTREACH TO MINORITY-OWNED AND WOMEN- 
OWNED BUSINESSES.— 
(A) IN GENERAL.—The Corporation shall col-
lect data on the involvement of minority- and 
women-owned businesses in projects supported by 
the Corporation, including— 
(i) the amount of insurance and financing 
provided by the Corporation to such businesses 
in connection with projects supported by the 
Corporation; and 
(ii) to the extent such information is avail-
able, the involvement of such businesses in pro-
curement activities conducted or supported by 
the Corporation. 
(B) INCLUSION
IN
ANNUAL
REPORT.—The 
Corporation shall include, in its annual report sub-
mitted to Congress under section 1443, the aggre-
763 
•HRES 1082 EH 
gate data collected under this paragraph, in such 
form as to quantify the effectiveness of the Cor-
poration’s outreach activities to minority- and 
women-owned businesses. 
SEC. 1422. TERMS AND CONDITIONS. 
(a) IN GENERAL.—Except as provided in subsection (b), 
support provided by the Corporation under this title shall be 
on such terms and conditions as the Corporation may pre-
scribe. 
(b) REQUIREMENTS.—The following requirements apply 
to support provided by the Corporation under this title: 
(1) The Corporation shall provide support using au-
thorities under this title only if it is necessary— 
(A) to alleviate a credit market imperfection; 
or 
(B) to achieve specified development or foreign 
policy objectives of the United States Government 
by providing support in the most efficient way to 
meet those objectives on a case-by-case basis. 
(2) The final maturity of a loan made or guaran-
teed by the Corporation shall not exceed the lesser of— 
(A) 25 years; or 
(B) debt servicing capabilities of the project to 
be financed by the loan (as determined by the Cor-
poration).
764 
•HRES 1082 EH 
(3) The Corporation shall, with respect to providing 
any loan guaranty to a project, require the parties to the 
project to bear the risk of loss in an amount equal to 
at least 20 percent of the guaranteed support by the 
Corporation in the project. 
(4) The Corporation may not make or guarantee a 
loan unless the Corporation determines that the bor-
rower or lender is responsible and that adequate provi-
sion is made for servicing the loan on reasonable terms 
and protecting the financial interest of the United 
States. 
(5) The interest rate for direct loans and interest 
supplements on guaranteed loans shall be set by ref-
erence to a benchmark interest rate (yield) on market-
able Treasury securities or other widely recognized or 
appropriate benchmarks with a similar maturity to the 
loans being made or guaranteed, as determined in con-
sultation with the Director of the Office of Management 
and Budget and the Secretary of the Treasury. The Cor-
poration shall establish appropriate minimum interest 
rates for loans, guaranties, and other instruments as 
necessary. 
(6) The minimum interest rate for new loans as es-
tablished by the Corporation shall be adjusted periodi-
765 
•HRES 1082 EH 
cally to take account of changes in the interest rate of 
the benchmark financial instrument. 
(7)(A) The Corporation shall set fees or premiums 
for support provided under this title at levels that mini-
mize the cost to the Government while supporting 
achievement of the objectives of support. 
(B) The Corporation shall review fees for loan guar-
anties periodically to ensure that the fees assessed on 
new loan guaranties are at a level sufficient to cover the 
Corporation’s most recent estimates of its costs. 
(8) Any loan guaranty provided by the Corporation 
shall be conclusive evidence that— 
(A) the guaranty has been properly obtained; 
(B) the loan qualified for the guaranty; and 
(C) but for fraud or material misrepresentation 
by the holder of the guaranty, the guaranty is pre-
sumed to be valid, legal, and enforceable. 
(9) The Corporation shall prescribe explicit stand-
ards for use in periodically assessing the credit risk of 
new and existing direct loans or guaranteed loans. 
(10) The Corporation may not make loans or loan 
guaranties except to the extent that budget authority to 
cover the costs of the loans or guaranties is provided in 
advance in an appropriations Act, as required by section
766 
•HRES 1082 EH 
504 of the Federal Credit Reform Act of 1990 (2 U.S.C. 
661c). 
(11) The Corporation shall rely upon specific stand-
ards to assess the developmental and strategic value of 
projects for which it provides support and should only 
provide the minimum level of support necessary in order 
to support such projects. 
(12) Any loan or loan guaranty made by the Cor-
poration should be provided on a senior basis or pari 
passu with other senior debt unless there is a sub-
stantive policy rationale to provide such support other-
wise. 
SEC. 1423. PAYMENT OF LOSSES. 
(a) PAYMENTS
FOR
DEFAULTS
ON
GUARANTEED 
LOANS.— 
(1) IN GENERAL.—If the Corporation determines 
that the holder of a loan guaranteed by the Corporation 
suffers a loss as a result of a default by a borrower on 
the loan, the Corporation shall pay to the holder the per-
cent of the loss, as specified in the guaranty contract, 
after the holder of the loan has made such further collec-
tion efforts and instituted such enforcement proceedings 
as the Corporation may require. 
(2) SUBROGATION.—Upon making a payment de-
scribed in paragraph (1), the Corporation shall ensure
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•HRES 1082 EH 
the Corporation will be subrogated to all the rights of 
the recipient of the payment. 
(3) RECOVERY
EFFORTS.—The Corporation shall 
pursue recovery from the borrower of the amount of any 
payment made under paragraph (1) with respect to the 
loan. 
(b) LIMITATION ON PAYMENTS.— 
(1) IN GENERAL.—Except as provided by paragraph 
(2), compensation for insurance, reinsurance, or a guar-
anty issued under this title shall not exceed the dollar 
value of the tangible or intangible contributions or com-
mitments made in the project, plus interest, earnings, or 
profits actually accrued on such contributions or com-
mitments, to the extent provided by such insurance, rein-
surance, or guaranty. 
(2) EXCEPTION.— 
(A) IN GENERAL.—The Corporation may pro-
vide that— 
(i) appropriate adjustments in the insured 
dollar value be made to reflect the replacement 
cost of project assets; and 
(ii) compensation for a claim of loss under 
insurance of an equity investment under sec-
tion 1421 may be computed on the basis of the
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•HRES 1082 EH 
net book value attributable to the equity in-
vestment on the date of loss. 
(3) ADDITIONAL LIMITATION.— 
(A) IN GENERAL.—Notwithstanding paragraph 
(2)(A)(ii) and except as provided in subparagraph 
(B), the Corporation shall limit the amount of di-
rect insurance and reinsurance issued under section 
1421 with respect to a project so as to require that 
the insured and its affiliates bear the risk of loss 
for at least 10 percent of the amount of the Cor-
poration’s exposure to that insured and its affiliates 
in the project. 
(B) EXCEPTION.—The limitation under sub-
paragraph (A) shall not apply to direct insurance or 
reinsurance of loans provided by banks or other fi-
nancial institutions to unrelated parties. 
(c) ACTIONS BY ATTORNEY GENERAL.—The Attorney 
General shall take such action as may be appropriate to en-
force any right accruing to the United States as a result of 
the issuance of any loan or guaranty under this title. 
(d) RULE OF CONSTRUCTION.—Nothing in this section 
shall be construed to preclude any forbearance for the benefit 
of a borrower that may be agreed upon by the parties to a 
loan guaranteed by the Corporation if budget authority for 
any resulting costs to the United States Government (as de-
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•HRES 1082 EH 
fined in section 502 of the Federal Credit Reform Act of 
1990 (2 U.S.C. 661a)) is available. 
SEC. 1424. TERMINATION. 
(a) IN GENERAL.—The authorities provided under this 
title terminate on the date that is 7 years after the date of 
the enactment of this Act. 
(b) TERMINATION OF CORPORATION.—The Corporation 
shall terminate on the date on which the portfolio of the Cor-
poration is liquidated. 
TITLE III—ADMINISTRATIVE AND 
GENERAL PROVISIONS 
SEC. 1431. OPERATIONS. 
(a) BILATERAL AGREEMENTS.—The Corporation may 
provide support under title II in connection with projects in 
any country the government of which has entered into an 
agreement with the United States authorizing the Corpora-
tion to provide such support in that country. 
(b) CLAIMS SETTLEMENT.— 
(1) IN GENERAL.—Claims arising as a result of 
support provided under title II or under predecessor au-
thority may be settled, and disputes arising as a result 
thereof may be arbitrated with the consent of the par-
ties, on such terms and conditions as the Corporation 
may determine.
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•HRES 1082 EH 
(2) SETTLEMENTS
CONCLUSIVE.—Payment made 
pursuant to any settlement pursuant to paragraph (1), 
or as a result of an arbitration award, shall be final and 
conclusive notwithstanding any other provision of law. 
(c) PRESUMPTION OF COMPLIANCE.—Each contract exe-
cuted by such officer or officers as may be designated by the 
Board shall be conclusively presumed to be issued in compli-
ance with the requirements of this division. 
(d) ELECTRONIC PAYMENTS
AND DOCUMENTS.—The 
Corporation shall implement policies to accept electronic doc-
uments and electronic payments in all of its programs. 
SEC. 1432. CORPORATE POWERS. 
(a) IN GENERAL.—The Corporation— 
(1) may adopt, alter, and use a seal, to include an 
identifiable symbol of the United States; 
(2) may make and perform such contracts, includ-
ing no-cost contracts (as defined by the Corporation), 
grants, and other agreements notwithstanding division C 
of subtitle I of title 41, United States Code, with any 
person or government however designated and wherever 
situated, as may be necessary for carrying out the func-
tions of the Corporation; 
(3) may lease, purchase, or otherwise acquire, im-
prove, and use such real property wherever situated, as 
may be necessary for carrying out the functions of the
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•HRES 1082 EH 
Corporation, except that, if the real property is for the 
Corporation’s own occupancy, the lease, purchase, acqui-
sition, improvement, or use of the real property shall be 
entered into or conducted in consultation with the Ad-
ministrator of General Services; 
(4) may accept cash gifts or donations of services 
or of property (real, personal, or mixed), tangible or in-
tangible, for the purpose of carrying out the functions of 
the Corporation; 
(5) may use the United States mails in the same 
manner and on the same conditions as the Executive de-
partments (as defined in section 101 of title 5, United 
States Code); 
(6) may contract with individuals for personal serv-
ices, who shall not be considered Federal employees for 
any provision of law administered by the Director of the 
Office of Personnel Management; 
(7) may hire or obtain passenger motor vehicles; 
(8) may sue and be sued in its corporate name; 
(9) may acquire, hold, or dispose of, upon such 
terms and conditions as the Corporation may determine, 
any property, real, personal, or mixed, tangible or intan-
gible, or any interest in such property, except that, in 
the case of real property that is for the Corporation’s 
own occupancy, the acquisition, holding, or disposition of
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•HRES 1082 EH 
the real property shall be conducted in consultation with 
the Administrator of General Services; 
(10) may lease office space for the Corporation’s 
own use, with the obligation of amounts for such lease 
limited to the current fiscal year for which payments are 
due until the expiration of the current lease under prede-
cessor authority, as of the day before the date of the en-
actment of this Act; 
(11) may indemnify directors, officers, employees, 
and agents of the Corporation for liabilities and expenses 
incurred in connection with their activities on behalf of 
the Corporation; 
(12) notwithstanding any other provision of law, 
may represent itself or contract for representation in any 
legal or arbitral proceeding; 
(13) may exercise any priority of the Government of 
the United States in collecting debts from bankrupt, in-
solvent, or decedents’ estates; 
(14) 
may 
collect, 
notwithstanding 
section 
3711(g)(1) of title 31, United States Code, or com-
promise any obligations assigned to or held by the Cor-
poration, including any legal or equitable rights accruing 
to the Corporation; 
(15) may make arrangements with foreign govern-
ments (including agencies, instrumentalities, or political
773 
•HRES 1082 EH 
subdivisions of such governments) or with multilateral 
organizations or institutions for sharing liabilities; 
(16) may sell direct investments of the Corporation 
to private investors upon such terms and conditions as 
the Corporation may determine; and 
(17) shall have such other powers as may be nec-
essary and incident to carrying out the functions of the 
Corporation. 
(b) TREATMENT OF PROPERTY.—Notwithstanding any 
other provision of law relating to the acquisition, handling, or 
disposal of property by the United States, the Corporation 
shall have the right in its discretion to complete, recondition, 
reconstruct, renovate, repair, maintain, operate, or sell any 
property acquired by the Corporation pursuant to the provi-
sions of this division, except that, in the case of real property 
that is for the Corporation’s own occupancy, the completion, 
reconditioning, reconstruction, renovation, repair, mainte-
nance, operation, or sale of the real property shall be con-
ducted in consultation with the Administrator of General 
Services. 
SEC. 1433. MAXIMUM CONTINGENT LIABILITY. 
The maximum contingent liability of the Corporation 
outstanding at any one time shall not exceed in the aggregate 
$60,000,000,000.
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•HRES 1082 EH 
SEC. 1434. CORPORATE FUNDS. 
(a) CORPORATE CAPITAL ACCOUNT.—There is estab-
lished in the Treasury of the United States a fund to be 
known as the ‘‘Corporate Capital Account’’ to carry out the 
purposes of the Corporation. 
(b) FUNDING.—The Corporate Capital Account shall 
consist of— 
(1) fees charged and collected pursuant to sub-
section (c); 
(2) any amounts received pursuant to subsection 
(e); 
(3) investments and returns on such investments 
pursuant to subsection (g); 
(4) unexpended balances transferred to the Cor-
poration pursuant to subsection (i); 
(5) payments received in connection with settle-
ments of all insurance and reinsurance claims of the 
Corporation; and 
(6) all other collections transferred to or earned by 
the Corporation, excluding the cost, as defined in section 
502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 
661a), of loans and loan guaranties. 
(c) FEE AUTHORITY.—Fees may be charged and col-
lected for providing services in amounts to be determined by 
the Corporation. 
(d) USES.—
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•HRES 1082 EH 
(1) IN GENERAL.—Subject to Acts making appro-
priations, the Corporation is authorized to pay— 
(A) the cost, as defined in section 502 of the 
Federal Credit Reform Act of 1990, of loans and 
loan guaranties; 
(B) administrative expenses of the Corpora-
tion; 
(C) for the cost of providing support author-
ized by subsections (c), (e), (f), and (g) of section 
1421; 
(D) project-specific transaction costs. 
(2) INCOME AND REVENUE.—In order to carry out 
the purposes of the Corporation, all collections trans-
ferred to or earned by the Corporation, excluding the 
cost, as defined in section 502 of the Federal Credit Re-
form Act of 1990, of loans and loan guaranties, shall be 
deposited into the Corporate Capital Account and shall 
be available to carry out its purpose, including without 
limitation— 
(A) payment of all insurance and reinsurance 
claims of the Corporation; 
(B) repayments to the Treasury of amounts 
borrowed under subsection (e); and 
(C) dividend payments to the Treasury under 
subsection (f).
776 
•HRES 1082 EH 
(e) FULL FAITH AND CREDIT.— 
(1) IN GENERAL.—All support provided pursuant to 
predecessor authorities or title II shall continue to con-
stitute obligations of the United States, and the full 
faith and credit of the United States is hereby pledged 
for the full payment and performance of such obliga-
tions. 
(2) AUTHORITY TO BORROW.—The Corporation is 
authorized to borrow from the Treasury such sums as 
may be necessary to fulfill such obligations of the United 
States and any such borrowing shall be at a rate deter-
mined by the Secretary of the Treasury, taking into con-
sideration the current average market yields on out-
standing marketable obligations of the United States of 
comparable maturities, for a period jointly determined 
by the Corporation and the Secretary, and subject to 
such terms and conditions as the Secretary may require. 
(f) DIVIDENDS.—The Board, in consultation with the 
Director of the Office of Management and Budget, shall an-
nually assess a dividend payment to the Treasury if the Cor-
poration’s insurance portfolio is more than 100 percent re-
served. 
(g) INVESTMENT AUTHORITY.— 
(1) IN
GENERAL.—The Corporation may request 
the Secretary of the Treasury to invest such portion of
777 
•HRES 1082 EH 
the Corporate Capital Account as is not, in the Corpora-
tion’s judgment, required to meet the current needs of 
the Corporate Capital Account. 
(2) FORM
OF
INVESTMENTS.—Such investments 
shall be made by the Secretary of the Treasury in public 
debt obligations, with maturities suitable to the needs of 
the Corporate Capital Account, as determined by the 
Corporation, and bearing interest at rates determined by 
the Secretary, taking into consideration current market 
yields on outstanding marketable obligations of the 
United States of comparable maturities. 
(h) COLLECTIONS.—Interest earnings made pursuant to 
subsection (g), earnings collected related to equity invest-
ments, and amounts, excluding fees related to insurance or 
reinsurance, collected pursuant to subsection (c), shall not be 
collected for any fiscal year except to the extent provided in 
advance in appropriations Acts. 
(i) TRANSFER FROM PREDECESSOR AGENCIES
AND 
PROGRAMS.—By the end of the transition period described in 
title VI, the unexpended balances, assets, and responsibilities 
of any agency specified in the plan required by section 1462 
shall be transferred to the Corporation. 
(j) TRANSFER OF FUNDS.—In order to carry out this di-
vision, funds authorized to be appropriated to carry out the 
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) may
778 
•HRES 1082 EH 
be transferred to the Corporation and funds authorized to be 
appropriated to the Corporation may be transferred to the 
Department of State and the United States Agency for Inter-
national Development. 
(k) DEFINITION.—In this section, the term ‘‘project-spe-
cific transaction costs’’— 
(1) means those costs incurred by the Corporation 
for travel, legal expenses, and direct and indirect costs 
incurred in claims settlements associated with the provi-
sion of support under title II and shall not be considered 
administrative expenses for the purposes of this section; 
and 
(2) does not include information technology (as 
such term is defined in section 11101 of title 40, United 
States Code). 
SEC. 1435. COORDINATION WITH OTHER DEVELOPMENT AGEN-
CIES. 
It is the sense of Congress that the Corporation should 
use relevant data of the Department of State, the Millennium 
Challenge Corporation, the United States Agency for Inter-
national Development, and other departments and agencies 
that have development functions to better inform the deci-
sions of the Corporation with respect to providing support 
under title II.
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•HRES 1082 EH 
TITLE IV—MONITORING, 
EVALUATION, AND REPORTING 
SEC. 1441. ESTABLISHMENT OF RISK AND AUDIT COMMITTEES. 
(a) IN GENERAL.—To assist the Board to fulfill its du-
ties and responsibilities under section 1421(a), the Corpora-
tion shall establish a risk committee and an audit committee. 
(b) DUTIES
AND RESPONSIBILITIES
OF RISK COM-
MITTEE.—Subject to the direction of the Board, the risk 
committee established under subsection (a) shall have over-
sight responsibility of— 
(1) formulating risk management policies of the op-
erations of the Corporation; 
(2) reviewing and providing guidance on operation 
of the Corporation’s global risk management framework; 
(3) developing policies for enterprise risk manage-
ment, 
monitoring, 
and 
management 
of 
strategic, 
reputational, regulatory, operational, developmental, en-
vironmental, social, and financial risks; 
(4) developing the risk profile of the Corporation, 
including a risk management and compliance framework 
and governance structure to support such framework; 
and 
(5) developing policies and procedures for assessing, 
prior to providing, and for any period during which the 
Corporation provides, support to any foreign entities,
780 
•HRES 1082 EH 
whether such entities have in place sufficient enhanced 
due diligence policies and practices to prevent money 
laundering and corruption to ensure the Corporation 
does not provide support to persons that are— 
(A) knowingly engaging in acts of corruption; 
(B) knowingly providing material or financial 
support for terrorism, drug trafficking, or human 
trafficking; or 
(C) responsible for ordering or otherwise di-
recting serious or gross violations of human rights. 
(c) DUTIES
AND RESPONSIBILITIES
OF AUDIT COM-
MITTEE.—Subject to the direction of the Board, the audit 
committee established under subsection (a) shall have the 
oversight responsibility of— 
(1) the integrity of the Corporation’s financial re-
porting and systems of internal controls regarding fi-
nance and accounting; 
(2) the integrity of the Corporation’s financial 
statements; 
(3) the performance of the Corporation’s internal 
audit function; and 
(4) compliance with legal and regulatory require-
ments related to the finances of the Corporation.
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•HRES 1082 EH 
SEC. 
1442. 
PERFORMANCE 
MEASURES, 
EVALUATION, 
AND 
LEARNING. 
(a) IN GENERAL.—The Corporation shall develop a per-
formance measurement system to evaluate and monitor 
projects supported by the Corporation under title II and to 
guide future projects of the Corporation. 
(b) CONSIDERATIONS.—In developing the performance 
measurement system required by subsection (a), the Corpora-
tion shall— 
(1) develop a successor for the development impact 
measurement system of the Overseas Private Investment 
Corporation (as such system was in effect on the day be-
fore the date of the enactment of this Act); 
(2) develop a mechanism for ensuring that support 
provided by the Corporation under title II is in addition 
to private investment; 
(3) develop standards for, and a method for ensur-
ing, appropriate financial performance of the Corpora-
tion’s portfolio; and 
(4) develop standards for, and a method for ensur-
ing, appropriate development performance of the Cor-
poration’s portfolio, including— 
(A) measurement of the projected and ex post 
development impact of a project; and 
(B) the information necessary to comply with 
section 1443.
782 
•HRES 1082 EH 
(c) PUBLIC AVAILABILITY OF CERTAIN INFORMATION.— 
The Corporation shall make available to the public on a reg-
ular basis information about support provided by the Cor-
poration under title II and performance metrics about such 
support on a country-by-country basis. 
(d) CONSULTATION.—In developing the performance 
measurement system required by subsection (a), the Corpora-
tion shall consult with the Development Advisory Council es-
tablished under section 1413(i) and other stakeholders and 
interested parties engaged in sustainable economic growth 
and development. 
SEC. 1443. ANNUAL REPORT. 
(a) IN GENERAL.—After the end of each fiscal year, the 
Corporation shall submit to the appropriate congressional 
committees a complete and detailed report of its operations 
during that fiscal year, including an assessment of— 
(1) the economic and social development impact, in-
cluding with respect to matters described in subsections 
(d), (e), and (f) of section 1451, of projects supported 
by the Corporation under title II; 
(2) the extent to which the operations of the Cor-
poration complement or are compatible with the develop-
ment assistance programs of the United States and 
qualifying sovereign entities;
783 
•HRES 1082 EH 
(3) the Corporation’s institutional linkages with 
other relevant United States Government department 
and agencies, including efforts to strengthen such link-
ages; and 
(4) the compliance of projects supported by the 
Corporation under title II with human rights, environ-
mental, labor, and social policies, or other such related 
policies that govern the Corporation’s support for 
projects, promulgated or otherwise administered by the 
Corporation. 
(b) ELEMENTS.—Each annual report required by sub-
section (a) shall include analyses of the effects of projects 
supported by the Corporation under title II, including— 
(1) reviews and analyses of— 
(A) the desired development outcomes for 
projects and whether or not the Corporation is 
meeting the associated metrics, goals, and develop-
ment objectives, including, to the extent practicable, 
in the years after conclusion of projects; and 
(B) the effect of the Corporation’s support on 
access to capital and ways in which the Corporation 
is addressing identifiable market gaps or inefficien-
cies and what impact, if any, such support has on 
access to credit for a specific project, country, or 
sector;
784 
•HRES 1082 EH 
(2) an explanation of any partnership arrangement 
or cooperation with a qualifying sovereign entity in sup-
port of each project; 
(3) projections of— 
(A) development outcomes, and whether or not 
support for projects are meeting the associated per-
formance measures, both during the start-up phase 
and over the duration of the support, and to the ex-
tent practicable, measures of such development out-
comes should be on a gender-disaggregated basis, 
such as changes in employment, access to financial 
services, enterprise development and growth, and 
composition of executive boards and senior leader-
ship of enterprises receiving support under title II; 
and 
(B) the value of private sector assets brought 
to bear relative to the amount of support provided 
by the Corporation and the value of any other pub-
lic sector support; and 
(4) an assessment of the extent to which lessons 
learned from the monitoring and evaluation activities of 
the Corporation, and from annual reports from previous 
years compiled by the Corporation, have been applied to 
projects.
785 
•HRES 1082 EH 
SEC. 1444. PUBLICLY AVAILABLE PROJECT INFORMATION. 
The Corporation shall— 
(1) maintain a user-friendly, publicly available, ma-
chine-readable database with detailed project-level infor-
mation, as appropriate and to the extent practicable, in-
cluding a description of the support provided by the Cor-
poration under title II, including, to the extent feasible, 
the information included in the report to Congress under 
section 1443 and project-level performance metrics; and 
(2) include a clear link to information about each 
project supported by the Corporation under title II on 
the internet website of the Department of State, 
‘‘ForeignAssistance.gov’’, or a successor website or other 
online publication. 
SEC. 1445. ENGAGEMENT WITH INVESTORS. 
(a) IN GENERAL.—The Corporation, acting through the 
Chief Development Officer, shall, in cooperation with the Ad-
ministrator of the United States Agency for International De-
velopment— 
(1) develop a strategic relationship with private sec-
tor entities focused at the nexus of business opportuni-
ties and development priorities; 
(2) engage such entities and reduce business risks 
primarily through direct transaction support and facili-
tating investment partnerships;
786 
•HRES 1082 EH 
(3) develop and support tools, approaches, and 
intermediaries that can mobilize private finance at scale 
in the developing world; 
(4) pursue highly developmental projects of all 
sizes, especially those that are small but designed for 
work in the most underdeveloped areas, including coun-
tries with chronic suffering as a result of extreme pov-
erty, fragile institutions, or a history of violence; and 
(5) pursue projects consistent with the policy of the 
United States described in section 1411 and the Joint 
Strategic Plan and the Mission Country Development 
Cooperation Strategies of the United States Agency for 
International Development. 
(b) ASSISTANCE.—To achieve the goals described in sub-
section (a), the Corporation shall— 
(1) develop risk mitigation tools; 
(2) provide transaction structuring support for 
blended finance models; 
(3) support intermediaries linking capital supply 
and demand; 
(4) coordinate with other Federal agencies to sup-
port or accelerate transactions; 
(5) convene financial, donor, civil society, and public 
sector partners around opportunities for private finance 
within development priorities;
787 
•HRES 1082 EH 
(6) offer strategic planning and programming as-
sistance to catalyze investment into priority sectors; 
(7) provide transaction structuring support; 
(8) deliver training and knowledge management 
tools for engaging private investors; 
(9) partner with private sector entities that provide 
access to capital and expertise; and 
(10) identify and screen new investment partners. 
(c) TECHNICAL ASSISTANCE.—The Corporation shall co-
ordinate with the United States Agency for International De-
velopment and other agencies and departments, as necessary, 
on projects and programs supported by the Corporation that 
include technical assistance. 
SEC. 1446. NOTIFICATIONS TO BE PROVIDED BY THE CORPORA-
TION. 
(a) IN GENERAL.—Not later than 15 days prior to the 
Corporation making a financial commitment associated with 
the provision of support under title II in an amount in excess 
of $10,000,000, the Chief Executive Officer of the Corpora-
tion shall submit to the appropriate congressional committees 
a report in writing that contains the information required by 
subsection (b). 
(b) INFORMATION
REQUIRED.—The information re-
quired by this subsection includes— 
(1) the amount of each such financial commitment;
788 
•HRES 1082 EH 
(2) an identification of the recipient or beneficiary; 
and 
(3) a description of the project, activity, or asset 
and the development goal or purpose to be achieved by 
providing support by the Corporation. 
(c) BILATERAL AGREEMENTS.—The Chief Executive Of-
ficer of the Corporation shall notify the appropriate congres-
sional committees not later than 30 days after entering into 
a new bilateral agreement described in section 1431(a). 
TITLE V—CONDITIONS, RESTRIC-
TIONS, AND PROHIBITIONS 
SEC. 1451. LIMITATIONS AND PREFERENCES. 
(a) LIMITATION ON SUPPORT FOR SINGLE ENTITY.—No 
entity receiving support from the Corporation under title II 
may receive more than an amount equal to 5 percent of the 
Corporation’s maximum contingent liability authorized under 
section 1433. 
(b) PREFERENCE FOR SUPPORT FOR PROJECTS SPON-
SORED BY UNITED STATES PERSONS.— 
(1) IN
GENERAL.—The Corporation should give 
preferential consideration to projects sponsored by or in-
volving private sector entities that are United States per-
sons. 
(2) UNITED
STATES
PERSON
DEFINED.—In this 
subsection, the term ‘‘United States person’’ means—
789 
•HRES 1082 EH 
(A) a United States citizen; or 
(B) an entity owned or controlled by an indi-
vidual or individuals described in subparagraph (A). 
(c) PREFERENCE FOR SUPPORT IN COUNTRIES IN COM-
PLIANCE WITH INTERNATIONAL TRADE OBLIGATIONS.— 
(1) CONSULTATIONS WITH UNITED STATES TRADE 
REPRESENTATIVE.—Not less frequently than annually, 
the Corporation shall consult with the United States 
Trade Representative with respect to the status of coun-
tries eligible to receive support from the Corporation 
under title II and the compliance of those countries with 
their international trade obligations. 
(2) PREFERENTIAL
CONSIDERATION.—The Cor-
poration shall give preferential consideration to providing 
support under title II for projects in countries in compli-
ance with or making substantial progress coming into 
compliance with their international trade obligations. 
(d) WORKER RIGHTS.— 
(1) IN GENERAL.—The Corporation shall only sup-
port projects under title II in countries that are taking 
steps to adopt and implement laws that extend inter-
nationally recognized worker rights (as defined in section 
507 of the Trade Act of 1974 (19 U.S.C. 2467)) to 
workers in that country, including any designated zone 
in that country.
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•HRES 1082 EH 
(2) REQUIRED
CONTRACT
LANGUAGE.—The Cor-
poration shall also include the following language, in 
substantially the following form, in all contracts which 
the Corporation enters into with persons receiving sup-
port under title II: ‘‘The person receiving support agrees 
not to take actions to prevent employees of the foreign 
enterprise from lawfully exercising their right of associa-
tion and their right to organize and bargain collectively. 
The person further agrees to observe applicable laws re-
lating to a minimum age for employment of children, ac-
ceptable conditions of work with respect to minimum 
wages, hours of work, and occupational health and safe-
ty, and not to use forced labor or the worst forms of 
child labor (as defined in section 507 of the Trade Act 
of 1974 (19 U.S.C. 2467)). The person is not respon-
sible under this paragraph for the actions of a foreign 
government.’’. 
(e) IMPACT NOTIFICATION.—The Board shall not vote in 
favor of any project proposed to be supported by the Corpora-
tion under title II that is likely to have significant adverse 
environmental or social impacts that are sensitive, diverse, or 
unprecedented, unless— 
(1) at least 60 days before the date of the vote, an 
environmental and social impact assessment or initial en-
vironmental and social audit, analyzing the environ-
791 
•HRES 1082 EH 
mental and social impacts of the proposed project and 
of alternatives to the proposed project, including mitiga-
tion measures, is completed; 
(2) such assessment or audit has been made avail-
able to the public of the United States, locally affected 
groups in the country in which the project will be carried 
out, and nongovernmental organizations in that country; 
and 
(3) the Corporation, applying best practices with re-
spect to environmental and social safeguards, includes in 
any contract relating to the project provisions to ensure 
the mitigation of any such adverse environmental or so-
cial impacts. 
(f) WOMEN’S ECONOMIC EMPOWERMENT.—In utilizing 
its authorities under title II, the Corporation shall consider 
the impacts of its support on women’s economic opportunities 
and outcomes and shall prioritize the reduction of gender 
gaps and maximize development impact by working to im-
prove women’s economic opportunities. 
(g) PREFERENCE
FOR
PROVISION
OF
SUPPORT
IN 
COUNTRIES EMBRACING PRIVATE ENTERPRISE.— 
(1) IN
GENERAL.—The Corporation should give 
preferential consideration to projects for which support 
under title II may be provided in countries the govern-
ments of which have demonstrated consistent support for
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economic policies that promote the development of pri-
vate enterprise, both domestic and foreign, and main-
taining the conditions that enable private enterprise to 
make a full contribution to the development of such 
countries, including— 
(A) market-based economic policies; 
(B) protection of private property rights; 
(C) respect for the rule of law; and 
(D) systems to combat corruption and bribery. 
(2) SOURCES OF INFORMATION.—The Corporation 
should rely on both third-party indicators and United 
States Government information, such as the Department 
of State’s Investment Climate Statements, the Depart-
ment of Commerce’s Country Commercial Guides, or the 
Millennium Challenge Corporation’s Constraints Anal-
ysis, to assess whether countries meet the conditions de-
scribed in paragraph (1). 
(h) CONSIDERATION OF FOREIGN BOYCOTT PARTICIPA-
TION.—In providing support for projects under title II, the 
Corporation shall consider, using information readily avail-
able, whether the project is sponsored by or substantially af-
filiated with any person taking or knowingly agreeing to take 
actions, or having taken or knowingly agreed to take actions 
within the past 3 years, which demonstrate or otherwise evi-
dence intent to comply with, further, or support any boycott
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described in section 1773(a) of the Export Control Reform 
Act of 2018 (subtitle B of title XVII of Public Law 115– 
232). 
(i) ENSURING OPPORTUNITIES FOR SMALL BUSINESSES 
IN FOREIGN DEVELOPMENT.—The Corporation shall, using 
broad criteria, make, to the maximum extent possible con-
sistent with this division, efforts— 
(1) to give preferential consideration in providing 
support under title II to projects sponsored by or involv-
ing small businesses; and 
(2) to ensure that the proportion of projects spon-
sored by or involving United States small businesses, in-
cluding women-, minority-, and veteran-owned small 
businesses, is not less than 50 percent of all projects for 
which the Corporation provides support and that involve 
United States persons. 
SEC. 1452. ADDITIONALITY AND AVOIDANCE OF MARKET DIS-
TORTION. 
(a) IN GENERAL.—Before the Corporation provides sup-
port for a project under title II, the Corporation shall ensure 
that private sector entities are afforded an opportunity to 
support the project. 
(b) SAFEGUARDS, POLICIES, AND GUIDELINES.—The 
Corporation shall develop appropriate safeguards, policies,
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and guidelines to ensure that support provided by the Cor-
poration under title II— 
(1) supplements and encourages, but does not com-
pete with, private sector support; 
(2) operates according to internationally recognized 
best practices and standards with respect to ensuring 
the avoidance of market distorting government subsidies 
and the crowding out of private sector lending; and 
(3) does not have a significant adverse impact on 
United States employment. 
SEC. 1453. PROHIBITION ON SUPPORT IN COUNTRIES THAT 
SUPPORT 
TERRORISM 
OR 
VIOLATE 
HUMAN 
RIGHTS AND WITH SANCTIONED PERSONS. 
(a) IN GENERAL.—The Corporation is prohibited from 
providing support under title II for a government, or an enti-
ty owned or controlled by a government, if the Secretary of 
State has determined that the government— 
(1) has repeatedly provided support for acts of 
international terrorism for purposes of— 
(A) section 1754(c)(1)(A)(i) of the Export 
Control Reform Act of 2018 (subtitle B of title 
XVII of Public Law 115–232); 
(B) section 620A(a) of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2371(a));
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(C) section 40(d) of the Arms Export Control 
Act (22 U.S.C. 2780(d)); or 
(D) any other relevant provision of law; or 
(2) has engaged in a consistent pattern of gross vio-
lations of internationally recognized human rights for 
purposes of section 116(a) or 502B(a)(2) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2151n(a) and 
2304(a)(2)) or any other relevant provision of law. 
(b) PROHIBITION ON SUPPORT OF SANCTIONED PER-
SONS.—The Corporation is prohibited from all dealings re-
lated to any project under title II prohibited under United 
States sanctions laws or regulations, including dealings with 
persons on the list of specially designated persons and 
blocked persons maintained by the Office of Foreign Assets 
Control of the Department of the Treasury, except to the ex-
tent otherwise authorized by the Secretary of the Treasury or 
the Secretary of State. 
(c) PROHIBITION ON SUPPORT OF ACTIVITIES SUBJECT 
TO SANCTIONS.—The Corporation shall require any person 
receiving support under title II to certify that the person, and 
any entity owned or controlled by the person, is in compliance 
with all United States sanctions laws and regulations. 
SEC. 1454. APPLICABILITY OF CERTAIN PROVISIONS OF LAW. 
Subsections (g), (l), (m), and (n) of section 237 of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2197) shall apply
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with respect to the Corporation to the same extent and in the 
same manner as such subsections applied with respect to the 
Overseas Private Investment Corporation on the day before 
the date of the enactment of this Act. 
TITLE VI—TRANSITIONAL 
PROVISIONS 
SEC. 1461. DEFINITIONS. 
In this title: 
(1) AGENCY.—The term ‘‘agency’’ includes any en-
tity, organizational unit, program, or function. 
(2) TRANSITION PERIOD.—The term ‘‘transition pe-
riod’’ means the period— 
(A) beginning on the date of the enactment of 
this Act; and 
(B) ending on the effective date of the reorga-
nization plan required by section 1462(e). 
SEC. 1462. REORGANIZATION PLAN. 
(a) SUBMISSION OF PLAN.— 
(1) IN GENERAL.—Not later than 120 days after 
the date of the enactment of this Act, the President shall 
transmit to the appropriate congressional committees a 
reorganization plan regarding the following: 
(A) The transfer of agencies, personnel, assets, 
and obligations to the Corporation pursuant to this 
title.
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•HRES 1082 EH 
(B) Any consolidation, reorganization, or 
streamlining of agencies transferred to the Corpora-
tion pursuant to this title. 
(C) Any efficiencies or cost savings achieved or 
additional costs incurred as a result of the transfer 
of agencies, personnel, assets, and obligations to the 
Corporation pursuant to this title, including reduc-
tions in unnecessary or duplicative operations, as-
sets, and personnel. 
(2) CONSULTATION.—Not later than 15 days before 
the date on which the plan is transmitted pursuant to 
this subsection, the President shall consult with the ap-
propriate congressional committees on such plan. 
(b) PLAN ELEMENTS.—The plan transmitted under sub-
section (a) shall contain, consistent with this division, such 
elements as the President deems appropriate, including the 
following: 
(1) Identification of any functions of agencies trans-
ferred to the Corporation pursuant to this title that will 
not be transferred to the Corporation under the plan. 
(2) Specification of the steps to be taken to orga-
nize the Corporation, including the delegation or assign-
ment of functions transferred to the Corporation.
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(3) Specification of the funds available to each 
agency that will be transferred to the Corporation as a 
result of transfers under the plan. 
(4) Specification of the proposed allocations within 
the Corporation of unexpended funds transferred in con-
nection with transfers under the plan. 
(5) Specification of any proposed disposition of 
property, facilities, contracts, records, and other assets 
and obligations of agencies transferred under the plan. 
(6) Specification of the number of authorized posi-
tions and personnel employed before the end of the tran-
sition period that will be transferred to the Corporation, 
including plans to mitigate the impact of such transfers 
on the United States Agency for International Develop-
ment. 
(c) REPORT ON COORDINATION.— 
(1) IN GENERAL.—The transfer of functions au-
thorized by this section may occur only after the Presi-
dent and Chief Executive Officer of the Overseas Private 
Investment Corporation and the Administrator of the 
United States Agency for International Development 
jointly submit to the Committee on Foreign Affairs and 
Committee on Appropriations of the House of Rep-
resentatives and Committee on Foreign Relations and 
Committee on Appropriations of the Senate a report in
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•HRES 1082 EH 
writing that contains the information required by para-
graph (2). 
(2) INFORMATION REQUIRED.—The information re-
quired by this paragraph includes a description in detail 
of the procedures to be followed after the transfer of 
functions authorized by this section have occurred to co-
ordinate between the Corporation and the United States 
Agency for International Development in carrying out 
the functions so transferred. 
(d) MODIFICATION OF PLAN.—The President shall con-
sult with the appropriate congressional committees before 
making any material modification or revision to the plan be-
fore the plan becomes effective in accordance with subsection 
(e). 
(e) EFFECTIVE DATE.— 
(1) IN
GENERAL.—The reorganization plan de-
scribed in this section, including any modifications or re-
visions of the plan under subsection (c), shall become ef-
fective for an agency on the date specified in the plan 
(or the plan as modified pursuant to subsection (d)), ex-
cept that such date may not be earlier than 90 days 
after the date the President has transmitted the reorga-
nization plan to the appropriate congressional commit-
tees pursuant to subsection (a).
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•HRES 1082 EH 
(2) STATUTORY CONSTRUCTION.—Nothing in this 
subsection may be construed to require the transfer of 
functions, personnel, records, balances of appropriations, 
or other assets of an agency on a single date. 
SEC. 1463. TRANSFER OF FUNCTIONS. 
(a) IN GENERAL.—Effective at the end of the transition 
period, there shall be transferred to the Corporation the func-
tions, personnel, assets, and liabilities of— 
(1) the Overseas Private Investment Corporation, as 
in existence on the day before the date of the enactment 
of this Act; and 
(2) the following elements of the United States 
Agency for International Development: 
(A) The Development Credit Authority. 
(B) The existing Legacy Credit portfolio under 
the Urban Environment Program and any other di-
rect loan programs and non-Development Credit 
Authority guaranty programs authorized by the 
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
seq.) or other predecessor Acts, as in existence on 
the date of the enactment of this Act, other than 
any sovereign loan guaranties. 
(b) ADDITIONAL TRANSFER AUTHORITY.—Effective at 
the end of the transition period, there is authorized to be 
transferred to the Corporation, with the concurrence of the
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Administrator of the United States Agency for International 
Development, the functions, personnel, assets, and liabilities 
of the following elements of the United States Agency for 
International Development: 
(1) The Office of Private Capital and Microenter-
prise. 
(2) The enterprise funds. 
(c) SOVEREIGN LOAN GUARANTY TRANSFER.— 
(1) IN GENERAL.—Effective at the end of the tran-
sition period, there is authorized to be transferred to the 
Corporation or any other appropriate department or 
agency of the United States Government the loan ac-
counts and the legal rights and responsibilities for the 
sovereign loan guaranty portfolio held by the United 
States Agency for International Development as in exist-
ence on the day before the date of the enactment of this 
Act. 
(2) INCLUSION
IN
REORGANIZATION
PLAN.—The 
President shall include in the reorganization plan sub-
mitted under section 1462 a description of the transfer 
authorized under paragraph (1). 
(d) BILATERAL AGREEMENTS.—Any bilateral agreement 
of the United States in effect on the date of the enactment 
of this Act that serves as the basis for programs of the Over-
seas Private Investment Corporation and the Development
802 
•HRES 1082 EH 
Credit Authority shall be considered as satisfying the require-
ments of section 1431(a). 
(e) TRANSITION.—During the transition period, the 
agencies specified in subsection (a) shall— 
(1) continue to administer the assets and obliga-
tions of those agencies; and 
(2) carry out such programs and activities author-
ized under this division as may be determined by the 
President. 
SEC. 1464. TERMINATION OF OVERSEAS PRIVATE INVESTMENT 
CORPORATION AND OTHER SUPERCEDED AU-
THORITIES. 
Effective at the end of the transition period— 
(1) the Overseas Private Investment Corporation is 
terminated; and 
(2) title IV of chapter 2 of part I of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2191 et seq.) (other 
than subsections (g), (l), (m), and (n) of section 237 of 
that Act) is repealed. 
SEC. 1465. TRANSITIONAL AUTHORITIES. 
(a) PROVISION OF ASSISTANCE BY OFFICIALS.—Until 
the transfer of an agency to the Corporation under section 
1463, any official having authority over, or functions relating 
to, the agency on the day before the date of the enactment 
of this Act shall provide to the Corporation such assistance,
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•HRES 1082 EH 
including the use of personnel and assets, as the Corporation 
may request in preparing for the transfer and integration of 
the agency into the Corporation. 
(b) SERVICES AND PERSONNEL.—During the transition 
period, upon the request of the Corporation, the head of any 
executive agency may, on a reimbursable or non-reimbursable 
basis, provide services or detail personnel to assist with the 
transition. 
(c) ACTING OFFICIALS.— 
(1) IN
GENERAL.—During the transition period, 
pending the advice and consent of the Senate to the ap-
pointment of an officer required by this division to be 
appointed by and with such advice and consent, the 
President may designate any officer whose appointment 
was required to be made by and with such advice and 
consent and who was such an officer before the end of 
the transition period (and who continues in office) or im-
mediately before such designation, to act in such office 
until the same is filled as provided in this division. While 
so acting, such officers shall receive compensation at the 
higher of— 
(A) the rates provided by this division for the 
respective offices in which they act; or 
(B) the rates provided for the offices held at 
the time of designation.
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•HRES 1082 EH 
(2) RULE OF CONSTRUCTION.—Nothing in this divi-
sion shall be construed to require the advice and consent 
of the Senate to the appointment by the President to a 
position in the Corporation of any officer whose agency 
is transferred to the Corporation pursuant to this title 
and whose duties following such transfer are germane to 
those performed before such transfer. 
(d) TRANSFER OF PERSONNEL, ASSETS, OBLIGATIONS, 
AND FUNCTIONS.—Upon the transfer of an agency to the 
Corporation under section 1463— 
(1) the personnel, assets, and obligations held by or 
available in connection with the agency shall be trans-
ferred to the Corporation for appropriate allocation, sub-
ject to the approval of the Director of the Office of Man-
agement and Budget and in accordance with section 
1531(a)(2) of title 31, United States Code; and 
(2) the Corporation shall have all functions— 
(A) relating to the agency that any other offi-
cial could by law exercise in relation to the agency 
immediately before such transfer; and 
(B) vested in the Corporation by this division 
or other law. 
SEC. 1466. SAVINGS PROVISIONS. 
(a) COMPLETED ADMINISTRATIVE ACTIONS.—
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•HRES 1082 EH 
(1) IN
GENERAL.—Completed administrative ac-
tions of an agency shall not be affected by the enactment 
of this Act or the transfer of such agency to the Cor-
poration under section 1463, but shall continue in effect 
according to their terms until amended, modified, super-
seded, terminated, set aside, or revoked in accordance 
with law by an officer of the United States or a court 
of competent jurisdiction, or by operation of law. 
(2) COMPLETED
ADMINISTRATIVE
ACTION
DE-
FINED.—In this subsection, the term ‘‘completed admin-
istrative action’’ includes orders, determinations, rules, 
regulations, personnel actions, permits, agreements, 
grants, contracts, certificates, policies, licenses, registra-
tions, and privileges. 
(b) PENDING PROCEEDINGS.— 
(1) IN GENERAL.—Pending proceedings in an agen-
cy, including notices of proposed rulemaking, and appli-
cations for licenses, permits, certificates, grants, and fi-
nancial assistance, shall continue notwithstanding the 
enactment of this Act or the transfer of the agency to 
the Corporation, unless discontinued or modified under 
the same terms and conditions and to the same extent 
that such discontinuance could have occurred if such en-
actment or transfer had not occurred.
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•HRES 1082 EH 
(2) ORDERS.—Orders issued in proceedings de-
scribed in paragraph (1), and appeals therefrom, and 
payments made pursuant to such orders, shall issue in 
the same manner and on the same terms as if this divi-
sion had not been enacted or the agency had not been 
transferred, and any such orders shall continue in effect 
until amended, modified, superseded, terminated, set 
aside, or revoked by an officer of the United States or 
a court of competent jurisdiction, or by operation of law. 
(c) PENDING CIVIL ACTIONS.—Pending civil actions 
shall continue notwithstanding the enactment of this Act or 
the transfer of an agency to the Corporation, and in such 
civil actions, proceedings shall be had, appeals taken, and 
judgments rendered and enforced in the same manner and 
with the same effect as if such enactment or transfer had not 
occurred. 
(d) REFERENCES.—References relating to an agency 
that is transferred to the Corporation under section 1463 in 
statutes, Executive orders, rules, regulations, directives, or 
delegations of authority that precede such transfer or the 
date of the enactment of this Act shall be deemed to refer, 
as appropriate, to the Corporation, to its officers, employees, 
or agents, or to its corresponding organizational units or 
functions. Statutory reporting requirements that applied in 
relation to such an agency immediately before the effective
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•HRES 1082 EH 
date of this division shall continue to apply following such 
transfer if they refer to the agency by name. 
(e) EMPLOYMENT PROVISIONS.— 
(1) REGULATIONS.—The Corporation may, in regu-
lations prescribed jointly with the Director of the Office 
of Personnel Management, adopt the rules, procedures, 
terms, and conditions, established by statute, rule, or 
regulation before the date of the enactment of this Act, 
relating to employment in any agency transferred to the 
Corporation under section 1463. 
(2) EFFECT OF TRANSFER ON CONDITIONS OF EM-
PLOYMENT.—Except as otherwise provided in this divi-
sion, or under authority granted by this division, the 
transfer pursuant to this title of personnel shall not alter 
the terms and conditions of employment, including com-
pensation, of any employee so transferred. 
(f) STATUTORY REPORTING REQUIREMENTS.—Any stat-
utory reporting requirement that applied to an agency trans-
ferred to the Corporation under this title immediately before 
the date of the enactment of this Act shall continue to apply 
following that transfer if the statutory requirement refers to 
the agency by name. 
SEC. 1467. OTHER TERMINATIONS. 
Except as otherwise provided in this division, whenever 
all the functions vested by law in any agency have been trans-
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•HRES 1082 EH 
ferred pursuant to this title, each position and office the in-
cumbent of which was authorized to receive compensation at 
the rates prescribed for an office or position at level II, III, 
IV, or V of the Executive Schedule under subchapter II of 
chapter 53 of title 5, United States Code, shall terminate. 
SEC. 1468. INCIDENTAL TRANSFERS. 
The Director of the Office of Management and Budget, 
in consultation with the Corporation, is authorized and di-
rected to make such additional incidental dispositions of per-
sonnel, assets, and liabilities held, used, arising from, avail-
able, or to be made available, in connection with the functions 
transferred by this title, as the Director may determine nec-
essary to accomplish the purposes of this division. 
SEC. 1469. REFERENCE. 
With respect to any function transferred under this title 
(including under a reorganization plan under section 1462) 
and exercised on or after the date of the enactment of this 
Act, reference in any other Federal law to any department, 
commission, or agency or any officer or office the functions 
of which are so transferred shall be deemed to refer to the 
Corporation or official or component of the Corporation to 
which that function is so transferred. 
SEC. 1470. CONFORMING AMENDMENTS. 
(a) EXEMPT PROGRAMS.—Section 255(g) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985 (2