In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Shareholder Empowerment Act of 
2009''.

SEC. 2. MAJORITY VOTING FOR DIRECTORS.

    The Securities Exchange Act of 1934 is amended by adding after 
section 16 the following new section:

``SEC. 16A. ELECTION OF DIRECTORS.

    ``(a) Standards Relating to Election of Directors.--
            ``(1) Commission rules.--Not later than 270 days after the 
        date of enactment of this section, the Commission shall, by 
        rule, direct the national securities exchanges and national 
        securities associations to prohibit the listing of any security 
        of an issuer that is not in compliance with the requirements of 
        any portion of paragraph (2). Such rules shall provide for 
        appropriate procedures for an issuer to have an opportunity to 
        cure any defects that would be the basis for such a prohibition 
        before the imposition of such prohibition.
            ``(2) Standards for election of directors.--
                    ``(A) Majority voting.--Each issuer shall, to the 
                extent permitted under State law, provide in its 
                governing documents that--
                            ``(i) directors in uncontested elections 
                        shall be elected by a majority of the votes 
                        cast as to each nominee; and
                            ``(ii) in contested elections where the 
                        number of nominees exceeds the number of 
                        directors to be elected, directors shall be 
                        elected by the vote of a plurality of the 
                        shares represented at any meeting and entitled 
                        to vote on the election of directors.
                    ``(B) Resignation policy.--Each issuer shall also, 
                to the extent permitted under State law, adopt 
                procedures under which any director who is not elected 
                to a new term shall offer to tender his or her 
                resignation to the board of directors. The board of 
                directors, with the advice of a committee of the board 
                if such a committee has been established for that 
                purpose, shall determine what action should be taken as 
                to that resignation and shall publicly disclose its 
                decision and the rationale for that decision within a 
                reasonable period after certification of the election 
                results.
    ``(b) Shareholder Access to the Proxy in Director Elections.--
            ``(1) Rule.--Not later than 270 days after the date of 
        enactment of this section, the Commission shall, by rule, 
        require that in proxy statements and proxies, authorizations or 
        consents prepared by an issuer pursuant to section 14, the 
        issuer shall identify and provide security holders with an 
        opportunity to vote on candidates for the board of directors 
        who have been nominated by holders in the aggregate at least 1 
        percent of the issuer's voting securities for at least 2 years 
        prior to a record date established by the issuer for a meeting 
        of security holders.
            ``(2) Application.--This rule shall specify the information 
        to be provided to an issuer by security holders who nominate 
        candidates for inclusion in an issuer's proxy materials under 
        this section and shall require the issuer to disclose 
        information about such candidates in the issuer's proxy 
        materials to the same extent that information must be disclosed 
        about candidates nominated by the issuer. This rule shall apply 
        only when eligible security holders have nominated fewer than a 
        majority of the number of directors then authorized to serve on 
        the board of directors, and the rule shall specify procedures 
        to be followed if different security holders nominate 
        candidates sufficient to constitute a majority of the board of 
        directors.
            ``(3) Effective date.--The rule shall apply to proxy voting 
        for meetings of security holders held on or after January 1, 
        2010, except to the extent that a meeting was originally 
        scheduled to be held in 2009, but was adjourned to 2010.
    ``(c) Broker Discretionary Voting in Uncontested Director 
Elections.--Not later than 270 days after the date of enactment of this 
section, the Commission shall by, rule, require that a broker shall not 
be allowed to vote securities on an uncontested election to the board 
of directors of an issuer to the extent that the beneficial owner of 
those securities has not provided specific instructions to the broker. 
The rule shall apply to proxy voting for meetings of security holders 
held on or after January 1, 2010, except to the extent that a meeting 
was originally scheduled to be held in 2009, but was adjourned to 2010.
    ``(d) Independent Chairman of the Board of Directors.--
            ``(1) Commission rules.--Not later than 270 days after the 
        date of enactment of this section, the Commission shall, by 
        rule, direct the national securities exchanges and national 
        securities associations to prohibit the listing of any security 
        of an issuer that is not in compliance with the requirements of 
        any portion of paragraph (2). Such rules shall provide for 
        appropriate procedures for an issuer to have an opportunity to 
        cure any defects that would be the basis for such a prohibition 
        before the imposition of such prohibition.
            ``(2) Independent chairman of the board of directors.--Each 
        issuer shall provide in its governing documents or a public 
        statement of corporate policy that, to the extent possible and 
        consistent with the issuer's status as a publicly traded 
        company, the chairman of the board of directors shall be an 
        independent director who has not previously served as an 
        executive officer of the issuer. Such rule shall be implemented 
        with due regard for contracts in existence on the date of 
        enactment of this section. For purposes of this subsection, an 
        `independent director' shall be one who during the preceding 5 
        years has not been--
                    ``(A) employed by the issuer in an executive 
                capacity;
                    ``(B) an employee, director or owner greater than 
                20 percent of the beneficial shares of a firm that is a 
                paid adviser or consultant to the issuer;
                    ``(C) employed by a significant customer or 
                supplier of the issuer;
                    ``(D) a party to a personal services contract with 
                the issuer, as well as with the issuer's Chair, chief 
                executive officer, or other senior executive officer;
                    ``(E) an employee, officer or director of a 
                foundation, university or other non-profit organization 
                that receives the greater of $100,000 or 1 percent of 
                total annual donations from the issuer;
                    ``(F) a relative of an executive of the issuer;
                    ``(G) part of an interlocking directorate in which 
                the issuer's chief executive officer or another 
                executive serves on the board of another issuer 
                employing that director; and
                    ``(H) engaged in any other relationship with the 
                issuer or senior executives that the Commission 
                determines would not render that director an 
                independent director.''.

SEC. 3. EXECUTIVE COMPENSATION REQUIREMENTS.

    The Securities Exchange Act of 1934 is further amended by adding 
after the section 16A, as added by section 2, the following new section

``SEC. 16B. EXECUTIVE COMPENSATION REQUIREMENTS.

    ``(a) Shareholder Approval of Executive Compensation.--
            ``(1) Annual shareholder vote on executive compensation.--
        Any proxy or consent or authorization for an annual or other 
        meeting of an issuer shall permit a separate vote by 
        shareholders to approve the compensation of senior executive 
        officers, as disclosed pursuant to the compensation disclosure 
        rules of the Commission (which disclosure shall include the 
        compensation discussion and analysis, the compensation tables, 
        and any related material).
            ``(2) Non-binding nature of vote.--A shareholder vote 
        described in paragraph (1) shall not be binding on the board of 
        directors of an issuer and may not be construed as overruling a 
        decision by such board, nor to create or imply any additional 
        fiduciary duty by such board, nor shall such vote be construed 
        to restrict or limit the ability of security holders to make 
        proposals for inclusion in proxy materials related to executive 
        compensation.
            ``(3) Deadline for rules.--Not later than 1 year after the 
        date of enactment of this section, the Commission shall issue 
        any final rules and regulations required by this section.
            ``(4) Exception.--This provision shall not apply to any 
        issuer who is subject to a similar recoupment requirement under 
        another provision of Federal law.
    ``(b) Independent Compensation Advisers.--
            ``(1) Requirement.--Not later than 1 year after the date of 
        enactment of this section, the Commission shall, by rule, 
        require that if an issuer's board of directors or a committee 
        thereof retains an individual adviser or advisory firm in 
        conjunction with negotiating employment contracts or 
        compensation agreements with the issuer's executives, the 
        individual adviser and his or her firm shall be independent of 
        the issuer, its executives and directors, and shall report 
        solely to the board of directors or the committee thereof 
        responsible for executive compensation. The rule shall further 
        require that issuers shall not agree to indemnify or limit the 
        liability of compensation advisers or advisory firms.
            ``(2) Determination.--In determining the extent to which an 
        adviser or advisory firm is independent of an issuer within the 
        meaning of this section, the Commission shall consider such 
        matters as--
                    ``(A) the extent (as measured by annual fees and 
                other relevant metrics) to which an individual adviser 
                or advisory firm provides services in conjunction with 
                negotiating employment contracts or compensation 
                agreements with the issuer's executives, as compared to 
                other services that the adviser or advisory firm 
                provides to the issuer or executives;
                    ``(B) whether individual advisers are permitted to 
                hold equity and do hold equity in the issuer; and
                    ``(C) whether an advisory firm's incentive 
                compensation plan links the compensation of individual 
                advisers to the advisory firm's provision of other 
                services to the issuer.
    ``(c) Clawbacks of Unearned Performance-Based Pay.--
            ``(1) Commission rules.--Not later than 270 days after the 
        date of enactment of this section, the Commission shall, by 
        rule, direct the national securities exchanges and national 
        securities associations to prohibit the listing of any security 
        of an issuer that is not in compliance with the requirements of 
        any portion of paragraph (2). Such rules shall provide for 
        appropriate procedures for an issuer to have an opportunity to 
        cure any defects that would be the basis for such a prohibition 
        before the imposition of such prohibition.
            ``(2) Recoupment of unearned compensation.--An issuer's 
        board of directors or a committee thereof shall develop and 
        disclose a policy for reviewing unearned bonus payments, 
        incentive payments, or equity payments that were awarded to 
        executive officers owing to fraud, financial results that 
        require restatement, or some other cause. The policy should 
        require recovery or cancellation of any unearned payments to 
        the extent that it is feasible and practical to do so.
            ``(3) Exception.--This provision shall not apply to any 
        issuer who is subject to a similar recoupment requirement under 
        another provision of Federal law.
    ``(d) Severance Agreements Tied to Performance.--
            ``(1) Commission rules.--Not later than 270 days after the 
        date of enactment of this section, the Commission shall, by 
        rule, direct the national securities exchanges and national 
        securities associations to prohibit the listing of any security 
        of an issuer that is not in compliance with the requirements of 
        any portion of paragraph (2). Such rules shall provide for 
        appropriate procedures for an issuer to have an opportunity to 
        cure any defects that would be the basis for such a prohibition 
        before the imposition of such prohibition.
            ``(2) Severance agreements tied to performance.--An 
        issuer's board of directors or a committee thereof shall not 
        enter into agreements providing for severance payments to a 
        senior executive officer who is terminated because of poor 
        performance as an executive, as determined by the board of 
        directors. To the extent that an issuer is able to terminate a 
        senior executive officer for cause, poor performance by the 
        executive, as determined by the board of directors, shall be 
        considered as one such cause. The rule shall be implemented 
        with due regard for contracts in existence on the date of 
        enactment of this section.
    ``(e) Improved Disclosure of Compensation Targets.--Not later than 
1 year after the date of enactment of this section, the Commission 
shall, by rule, require additional disclosure of specific performance 
targets that are used by issuers to determine a senior executive 
officer's eligibility for bonuses, equity and incentive compensation. 
The Commission shall consider methods to improve disclosure in 
situations when it is claimed that disclosure would result in 
competitive harm to the issuer, including, requirements that the issuer 
describe its past experience with similar target levels, disclose any 
inconsistencies between compensation targets and targets set in other 
contexts, submit a request for confidential treatment of the 
performance targets under Commission rules, or disclose the data after 
disclosure would no longer be considered competitively harmful.''.
[EX A]: Shareholder Empowerment Act of 2009 - Amends the Securities Exchange Act of 1934 to direct the Securities and Exchange Commission (SEC) to prohibit national securities exchanges and associations from listing the securities of any issuer unless, to the extent permitted by state law, such issuer requires: (1) the election of directors who receive the majority of votes in uncontested elections or a plurality of votes in contested elections; and (2) directors who are not reelected to offer to tender their resignations.

Directs the SEC to: (1) require issuers to identify and provide security holders with an opportunity to vote on director candidates who have been nominated by holders of at least 1% of the issuer's voting securities for at least two years, provided security holders have nominated fewer than a majority of the directors then authorized to serve; (2) prohibit brokers from voting securities on an uncontested election to the board of directors without having received specific instructions from the securities' beneficial owners; and (3) requires listed issuers, to the extent possible, to have an independent chairman of their board of directors who has not served as an executive of the issuer.

Requires any proxy or consent or authorization for an annual or other meeting of a securities issuer to permit a separate shareholder vote on executive compensation, though such vote shall not be binding on its board of directors.

Directs the SEC to direct the national securities exchanges and national securities associations to prohibit: (1) issuers from retaining advisors in negotiating executive employment or compensation agreements that are not independent or are protected from liability by such issuers; (2) the listing of issuers that do not have a (clawback) policy of recovering executive payments that were unearned due to fraud, faulty financial statements, or some other cause; and (3) the listing of issuers that provide severance payments to senior executives who are terminated for poor performance.

Directs the SEC to require additional disclosure of specific performance targets issuers use in determining a senior executive's eligibility for bonuses, equity, and incentive compensation.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Housing Opportunities and Mitigating 
Emergencies Act of 2005''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Gulf Coast region of the United States was recently 
        decimated by twin natural disasters: Hurricanes Katrina and 
        Rita.
            (2) Hurricane Katrina crashed into the Gulf Coast on August 
        29, 2005, as a category 4 storm.
            (3) At the time of its landing, Hurricane Katrina was 
        recorded as the third strongest hurricane to ever make landfall 
        on the United States, with sustained winds over 140 miles per 
        hour.
            (4) The damage and destruction caused by Hurricane Katrina 
        along the coastal regions of Louisiana, Mississippi, and 
        Alabama were unmatched in their breadth and scope.
            (5) A 10- to 30-foot storm surge came ashore on over 200 
        continuous miles of coastline from southeast Louisiana, 
        including Mississippi and Alabama, through to the Florida 
        panhandle.
            (6) The 30-foot storm surge recorded at Biloxi, 
        Mississippi, is the highest ever observed in the United States.
            (7) Hurricane Katrina's storm surge quickly breached the 
        levee system that protected the city of New Orleans from Lake 
        Pontchartrain and the Mississippi River, subsequently flooding 
        at least 80 percent of the city.
            (8) The magnitude of Hurricane Katrina was of such an 
        unprecedented scale that the Federal disaster declarations 
        which followed its destructive path blanketed over 90,000 
        square miles of the United States, an area almost as large as 
        the United Kingdom, displacing more than 1,000,000 people--a 
        humanitarian crisis on a scale unseen in the United States 
        since the Great Depression.
            (9) The storm has now become the most destructive and 
        costliest natural disaster in the history of the United States, 
        resulting in over 1,300 deaths and estimated damage between 
        $70,000,000,000 and $130,000,000,000.
            (10) Less than one month later, on September 24, 2005, the 
        region was battered again, this time by the strongest-measured 
        hurricane to ever have entered the Gulf of Mexico--Hurricane 
        Rita.
            (11) Hurricane Rita came ashore between Texas and Louisiana 
        as a category 3 hurricane, packing winds up to 120 miles per 
        hour and a storm surge of 10 feet.
            (12) A day prior to landfall, the resultant storm surge 
        also reopened some of the levee breaches caused by Hurricane 
        Katrina a month earlier and re-flooded parts of New Orleans.
            (13) Local storm surges of 15 to 20 feet in southwestern 
        Louisiana were reported, and damage was extensive in coastal 
        parishes.
            (14) Thousands of residents and families in the effected 
        States, who lived outside the 100-year flood plain and were 
        told they did not need flood insurance, suffered significant 
        damage to their homes and in many cases total losses.
            (15) These families are currently without any type of 
        permanent shelter or any means by which to acquire such shelter 
        or otherwise make themselves whole, thus crippling the Gulf 
        Coast region and its economy.
            (16) Because of the unprecedented magnitude of the storm 
        and the impact that the devastation of such a large region will 
        have on the United States as a whole, the Federal Government 
        should play a role in providing emergency assistance to these 
        families to help them rebuild and get on with their lives.

SEC. 3. TEMPORARY EMERGENCY ASSISTANCE FOR PRIMARY RESIDENCES DAMAGED 
              OR DESTROYED BY HURRICANES KATRINA AND RITA.

    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:

``SEC. 425. TEMPORARY EMERGENCY ASSISTANCE FOR PRIMARY RESIDENCES 
              DAMAGED OR DESTROYED BY HURRICANES KATRINA AND RITA.

    ``(a) In General.--The Director shall provide emergency assistance 
to owners of eligible structures in accordance with this section.
    ``(b) Application.--The Director shall provide for owners of 
eligible structures to submit applications for assistance under this 
section in such form, containing such information, and in accordance 
with such procedures, as the Director may require.
    ``(c) Use of Funds; Scope of Coverage.--
            ``(1) In general.--The amount of any assistance under this 
        section provided to an owner of an eligible structure in a 
        covered disaster area of a State may be used only for paying--
                    ``(A) the costs of repair, reconstruction, or 
                replacement of such structure or construction or 
                purchase of any other structure (including a 
                manufactured home) to be used as the primary residence 
                of the owner in the covered disaster area of such 
                State; or
                    ``(B) the amount remaining to be paid by the owner 
                on the mortgage of the eligible structure.
            ``(2) Replacement cost.--
                    ``(A) In general.--Subject to subsection (d), the 
                amount of any assistance provided under this section 
                shall be based on the replacement cost necessary for 
                repair, reconstruction, or replacement of the eligible 
                structure to its original specifications and standards 
                prior to--
                            ``(i) August 29, 2005, in the case of a 
                        structure damaged by flooding resulting from 
                        Hurricane Katrina; or
                            ``(ii) September 23, 2005, in the case of a 
                        structure damaged by flooding resulting from 
                        Hurricane Rita.
                Such costs shall include adjustments as necessary for 
                compliance with the requirements of subsection 
                (e)(1)(B).
                    ``(B) Documentation.--An owner of an eligible 
                structure applying for assistance under paragraph (1) 
                shall submit to the Director documentation and such 
                other evidence (including a report completed by a 
                State-licensed, nationally-certified home inspector) as 
                the Director may require to establish the replacement 
                cost of the eligible structure under subparagraph (A).
    ``(d) Cost Sharing.--
            ``(1) Federal share.--Subject to subsection (f) and 
        paragraph (2), the Federal share of the cost of assistance 
        provided under this section for an eligible structure that the 
        Director shall pay to the owner of the eligible structure shall 
        be 80 percent of the replacement cost of the eligible structure 
        as determined under subsection (c)(2).
            ``(2) Maximum amount.--The maximum amount of assistance 
        that may be provided to an owner of an eligible structure under 
        this section for such structure may not exceed $150,000.
            ``(3) Optional state share.--If the owner of an eligible 
        structure in a State is provided assistance under this section, 
        the State may provide to the owner 10 percent of the 
        replacement cost of the eligible structure as determined under 
        subsection (c)(2), but not to exceed $15,000.
    ``(e) Requirements Regarding Future Flood Insurance Coverage and 
Mitigation Actions.--
            ``(1) In general.--The Director may not provide assistance 
        under this section for an eligible structure unless--
                    ``(A) the owner of the property upon which the 
                eligible structure is located has entered into a 
                legally binding agreement with the Director, including 
                such deed restrictions as the Director considers 
                appropriate, to ensure that such owner, and any future 
                owners, will at all times after such assistance is 
                provided under this section with respect to the 
                property, purchase and maintain flood insurance, in 
                perpetuity, for any structures located at any time on 
                the same property on which, at the time of purchase, 
                such eligible structure is located, in an amount at 
                least equal to the lesser of--
                            ``(i) the value of the structure, as 
                        determined by the Director; or
                            ``(ii) the maximum limit of coverage made 
                        available with respect to the particular type 
                        of property under the National Flood Insurance 
                        Program, if such coverage is available; and
                    ``(B) the owner of the property certifies to the 
                Director that any structure constructed, repaired, or 
                reconstructed with such assistance will be constructed, 
                repaired, or reconstructed in accordance with--
                            ``(i) standards established by the 
                        International Code Council in effect at the 
                        time the building permit is issued by the local 
                        government to the owner of the eligible 
                        structure; and
                            ``(ii) any final flood elevations or flood 
                        maps in effect for purposes of the National 
                        Flood Insurance Program at the time the 
                        building permit is issued by the local 
                        government to the owner of the eligible 
                        structure and any advisory flood elevations or 
                        advisory flood insurance rate maps issued by 
                        the Director for purposes of such program 
                        before such building permit is issued.
            ``(2) Waiver authority.--The Director may waive the 
        requirements of paragraph (1)(B) with respect to the repair of 
        an eligible structure if the Director determines that the cost 
        of compliance with such requirements by the owner in repairing 
        the eligible structure outweigh the benefit derived from such 
        compliance pursuant to a substantial damage analysis.
    ``(f)  Prohibition on Duplicative Benefits in Excess of Replacement 
Costs.--Notwithstanding section 312, the Director shall assure that no 
owner of an eligible structure will receive assistance under this 
section that, when combined with other financial assistance received by 
the owner under any program, including section 404 or 408, or from 
insurance or any other source for the purpose of repair, 
reconstruction, or replacement of the eligible structure, is in excess 
of the replacement cost of the eligible structure as determined under 
subsection (c)(2). Before receipt of any assistance for which an owner 
is eligible under this section for an eligible structure, the owner 
shall enter into a legally binding agreement with the Director to repay 
any and all of such assistance that is in excess of the replacement 
cost of the eligible structure as determined under subsection (c)(2).
    ``(g) Verification of Use of Funds and Compliance.--
            ``(1) Documentation; reports.--Within 6 months after the 
        date on which an owner of an eligible structure receives 
        assistance under this section, and every 6 months thereafter 
        until all such assistance is accounted for, the owner shall 
        submit to the Director--
                    ``(A) all receipts and documentation verifying the 
                use of such assistance for the purpose for which it was 
                provided; and
                    ``(B) reports completed by a State-licensed, 
                nationally-certified home inspector verifying 
                compliance by the owner with the requirements of 
                subsection (e)(1)(B) if such requirements are not 
                waived by the Director.
            ``(2) Enforcement.--The Director may suspend assistance 
        under this section, and take any additional action which the 
        Director deems appropriate, with respect to an owner of an 
        eligible structure if the Director determines that the owner is 
        not complying with paragraph (1).
    ``(h) Definitions.--In this section, the following definitions 
apply:
            ``(1) Covered disaster area.--The term `covered disaster 
        area' means an area--
                    ``(A) for which a major disaster was declared by 
                the Director pursuant to title IV of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                as a result of Hurricane Katrina or Hurricane Rita in 
                2005; and
                    ``(B) in which the sale of flood insurance coverage 
                was available under the National Flood Insurance Act of 
                1968 (42 U.S.C. 4001 et seq.) as of--
                            ``(i) August 29, 2005, in the case of an 
                        area for which a declaration referred to in 
                        subparagraph (A) was made as a result of 
                        Hurricane Katrina; or
                            ``(ii) September 23, 2005, in the case of 
                        an area for which a declaration referred to in 
                        subparagraph (A) was made as a result of 
                        Hurricane Rita.
            ``(2) Eligible structure.--The term `eligible structure' 
        means a structure (including a manufactured home) that--
                    ``(A) sustained damage or losses from flooding 
                resulting from Hurricane Katrina or Hurricane Rita in 
                2005;
                    ``(B) is located in a covered disaster area;
                    ``(C) is a residential structure that was used as 
                the primary residence of the owner of the structure as 
                of--
                            ``(i) August 29, 2005, in the case of a 
                        structure damaged by flooding resulting from 
                        Hurricane Katrina; and
                            ``(ii) September 23, 2005, in the case of a 
                        structure damaged by flooding resulting from 
                        Hurricane Rita;
                    ``(D) was covered by an insurance policy for losses 
                caused by wind or windstorm as of--
                            ``(i) August 29, 2005, in the case of a 
                        structure damaged by flooding resulting from 
                        Hurricane Katrina; and
                            ``(ii) September 23, 2005, in the case of a 
                        structure damaged by flooding resulting from 
                        Hurricane Rita;
                    ``(E) is of a type for which coverage was generally 
                made available under the National Flood Insurance 
                Program as of August 29, 2005; and
                    ``(F) is not located in an area that has been 
                identified by the Director as an area having special 
                flood hazards (as such term is used for purposes of 
                section 102 of the Flood Disaster Protection Act of 
                1973 (42 U.S.C. 4012a)) as of August 29, 2005.
            ``(3) Director.--The term `Director' means the Director of 
        the Federal Emergency Management Agency.
    ``(i) Termination.--The Director may not provide any assistance 
under this section except pursuant to an application for such 
assistance submitted to the Director before the expiration of the 180-
day period beginning on the date of the enactment of this section.
    ``(j) Regulations.--The Director may issue any regulations 
necessary to carry out this section.''.

SEC. 4. HAZARD MITIGATION.

    (a) In General.--Section 404(a) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5170c(a)) is amended--
            (1) in the first sentence by striking ``75'' and inserting 
        ``90''; and
            (2) in the last sentence by striking ``7.5'' and inserting 
        ``15''.
    (b) Property Acquisition and Relocation Assistance.--Section 404(b) 
of such Act (42 U.S.C. 5170c(b)) is amended by adding at the end the 
following:
            ``(4) Reduction.--The amount of any assistance that would 
        otherwise be provided to an owner of an eligible structure 
        under section 425(c)(1)(B) shall be reduced by the amount of 
        assistance the owner receives for such structure under such 
        section.''.
    (c) Applicability.--The amendments made by subsections (a) and (b) 
shall apply with respect to a major disaster declared by the President 
on or after August 24, 2005.
[EX A]: Housing Opportunities and Mitigating Emergencies Act of 2005 - Amernds the Robert T. Stafford Disaster Relief and Emergency Assistance Act to require the Director of the Federal Emergency Management Agency (FEMA) to provide temporary emergency assistance for primary residences damaged or destroyed by Hurricanes Katrina and Rita.

Increases from 75% to 90% the amount the President may contribute toward the cost of cost-effective hazard mitigation measures which substantially reduce the risk of future damage, hardship, loss, or suffering in any area affected by a major disaster. Doubles from 7.5% to 15% of the estimated aggregate federal disaster relief grants to an area the limit on the total amount of such presidential contributions.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Freedom's Way National Heritage Area 
Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds as follows:
            (1) The cultural and natural legacies of an area 
        encompassing 37 communities in Massachusetts and 8 communities 
        in New Hampshire have made important and distinctive 
        contributions to the national character of America.
            (2) Recognizing and protecting those legacies will help 
        sustain the quality of life in the future.
            (3) Significant legacies of the area include--
                    (A) the early settlement of the United States and 
                the early evolution of democratic forms of government;
                    (B) the development of intellectual traditions of 
                the philosophies of freedom, democracy, and 
                conservation;
                    (C) the evolution of social ideas and religious 
                freedom;
                    (D) the role of immigrants and industry in 
                contributing to ethnic diversity;
                    (E) Native American and African American resources; 
                and
                    (F) the role of innovation and invention in cottage 
                industries.
            (4) The communities in the area know the value of the 
        legacies but need a cooperative framework and technical 
        assistance to achieve important goals by working together.
            (5) There is a Federal interest in supporting the 
        development of a regional framework to assist the States, local 
        governments, local organizations, and other persons in the 
        region with conserving, protecting, and bringing recognition to 
        the heritage of the area for the educational and recreational 
        benefit of future generations of Americans.
            (6) Significant examples of the area's resources include--
                    (A) Walden Pond State Reservation in Concord, 
                Massachusetts;
                    (B) Minute Man National Historical Park in the 
                State of Massachusetts;
                    (C) Shaker Villages in Shirley and Harvard in the 
                State of Massachusetts;
                    (D) Wachusett Mountain State Reservation, Fitchburg 
                Art Museum, and Barrett House in New Ipswich, New 
                Hampshire; and
                    (E) Beaver Brook Farms and Lost City of Monson in 
                Hollis, New Hampshire.
            (7) The study entitled ``Freedom's Way Heritage Area 
        Feasibility Study'', prepared by the Freedom's Way Heritage 
        Association, Inc., and the Massachusetts Department of 
        Environmental Management, demonstrates that there are 
        sufficient nationally distinctive historical resources 
        necessary to establish the Freedom's Way National Heritage 
        Area.
            (8) The Freedom's Way Heritage Association, Inc., should 
        oversee the development of the Freedom's Way National Heritage 
        Area.
    (b) Purposes.--The purposes of this Act are--
            (1) to foster a close working relationship between the 
        Secretary and all levels of government, the private sector, and 
        local communities in the States of Massachusetts and New 
        Hampshire;
            (2) to assist the entities referred to in paragraph (1) in 
        preserving the special historic identity of the Heritage Area; 
        and
            (3) to manage, preserve, protect, and interpret the 
        cultural, historical, and natural resources of the Heritage 
        Area for the educational and inspirational benefit of future 
        generations.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Freedom's Way National Heritage Area established by section 
        4(a).
            (2) Management entity.--The term ``management entity'' 
        means the management entity for the Heritage Area designated by 
        section 4(d).
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area developed under 
        section 5.
            (4) Map.--The term ``Map'' means the map entitled 
        ``_____________'', numbered ______________ and dated _________.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. FREEDOM'S WAY NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established the Freedom's Way National 
Heritage Area in the States of Massachusetts and New Hampshire.
    (b) Boundaries.--
            (1) In general.--The Heritage Area shall consist of the 
        land within the boundaries of the Heritage Area, as depicted on 
        the Map.
            (2) Revision.--The boundaries of the Heritage Area may be 
        revised if the revision is--
                    (A) proposed in the management plan;
                    (B) approved by the Secretary in accordance with 
                section 5(c); and
                    (C) placed on file in accordance with subsection 
                (c).
    (c) Map and Legal Description.--
            (1) In general.--As soon as practicable after the date of 
        the enactment of this Act, the Secretary shall publish in the 
        Federal Register a legal description of the Heritage Area.
            (2) Availability.--The Map shall be on file and available 
        for public inspection in the appropriate offices of the 
        National Park Service.
    (d) Management Entity.--The Freedom's Way Heritage Association, 
Inc. shall serve as the management entity for the Heritage Area.

SEC. 5. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date of the 
enactment of this Act, the management entity shall develop and submit 
to the Secretary for approval a management plan for the Heritage Area 
that presents comprehensive recommendations and strategies for the 
conservation, funding, management, and development of the Heritage 
Area.
    (b) Requirements.--The management plan shall--
            (1) take into consideration and coordinate Federal, State, 
        and local plans to present a unified historic preservation and 
        interpretation plan;
            (2) involve residents, public agencies, and private 
        organizations in the Heritage Area;
            (3) describe actions that units of government and private 
        organizations recommend for the protection of the resources of 
        the Heritage Area;
            (4) identify existing and potential sources of Federal and 
        non-Federal funding for the conservation, management, and 
        development of the Heritage Area; and
            (5) include--
                    (A) an inventory of the cultural, historic, 
                natural, or recreational resources contained in the 
                Heritage Area, including a list of property that--
                            (i) is related to the themes of the 
                        Heritage Area; and
                            (ii) should be conserved, restored, 
                        managed, developed, or maintained;
                    (B) a recommendation of policies for resource 
                management and protection that--
                            (i) apply appropriate land and water 
                        management techniques;
                            (ii) develop intergovernmental cooperative 
                        agreements to manage and protect the cultural, 
                        historic, and natural resources and recreation 
                        opportunities of the Heritage Area; and
                            (iii) support economic revitalization 
                        efforts;
                    (C) a program of strategies and actions to 
                implement the management plan that--
                            (i) identifies the roles of agencies and 
                        organizations that are involved in the 
                        implementation of the management plan and the 
                        role of the management entity; and
                            (ii) includes--
                                    (I) restoration and construction 
                                plans or goals;
                                    (II) a program of public 
                                involvement;
                                    (III) annual work plans; and
                                    (IV) annual reports;
                    (D) an analysis of ways in which Federal, State, 
                and local programs may best be coordinated to promote 
                the purposes of this Act;
                    (E) an interpretive and educational plan for the 
                Heritage Area;
                    (F) any revisions proposed by the management entity 
                to the boundaries of the Heritage Area and requested by 
                the affected local government; and
                    (G) a process to provide public access to the 
                management entity for the purpose of attempting to 
                resolve informally any disputes arising from the 
                management plan.
    (c) Failure To Submit.--If the management entity fails to submit 
the management plan to the Secretary in accordance with subsection (a), 
the Heritage Area shall no longer qualify for Federal funding.
    (d) Approval or Disapproval of Management Plan.--
            (1) In general.--Not later than 90 days after receipt of 
        the management plan under subsection (a), the Secretary shall 
        approve or disapprove the management plan.
            (2) Criteria.--In determining whether to approve the 
        management plan, the Secretary shall consider whether--
                    (A) the management entity afforded adequate 
                opportunity, including public hearings, for public and 
                governmental involvement in the preparation of the 
                management plan;
                    (B) the resource protection and interpretation 
                strategies contained in the management plan would 
                adequately protect the cultural and historic resources 
                of the Heritage Area; and
                    (C) the Secretary has received adequate assurances 
                from the appropriate State and local officials whose 
                support is needed to ensure the effective 
                implementation of the State and local aspects of the 
                management plan.
            (3) Action following disapproval.--If the Secretary 
        disapproves the management plan under paragraph (1), the 
        Secretary shall--
                    (A) advise the management entity in writing of the 
                reasons for the disapproval;
                    (B) make recommendations for revisions to the 
                management plan; and
                    (C) not later than 60 days after the receipt of any 
                proposed revision of the management plan from the 
                management entity, approve or disapprove the proposed 
                revision.
    (e) Amendments.--
            (1) In general.--In accordance with subsection (b), the 
        Secretary shall approve or disapprove each amendment to the 
        management plan that the Secretary determines may make a 
        substantial change to the management plan.
            (2) Use of funds.--Funds made available under this Act 
        shall not be expended by the management entity to implement an 
        amendment described in paragraph (1) until the Secretary 
        approves the amendment.

SEC. 6. AUTHORITIES, DUTIES, AND PROHIBITIONS OF THE MANAGEMENT ENTITY.

    (a) Authorities.--The Management Entity may, for purposes of 
preparing and implementing the management plan, use funds made 
available under this Act to--
            (1) make grants to, and enter into cooperative agreements 
        with, the States of Massachusetts and New Hampshire (including 
        a political subdivision), a nonprofit organization, or any 
        person;
            (2) hire and compensate staff;
            (3) obtain funds from any source (including a program that 
        has a cost-sharing requirement); and
            (4) contract for goods and services.
    (b) Duties of the Management Entity.--In addition to developing the 
management plan, the management entity shall--
            (1) give priority to the implementation of actions, goals, 
        and strategies set forth in the management plan, including 
        assisting units of government and other persons in--
                    (A) carrying out the programs that recognize and 
                protect important resource values in the Heritage Area;
                    (B) encouraging economic viability in the Heritage 
                Area in accordance with the goals of the management 
                plan;
                    (C) establishing and maintaining interpretive 
                exhibits in the Heritage Area;
                    (D) developing recreational and educational 
                opportunities in the Heritage Area;
                    (E) increasing public awareness of and appreciation 
                for the cultural, historical, and natural resources of 
                the Heritage Area;
                    (F) restoring historic buildings that are--
                            (i) located in the Heritage Area; and
                            (ii) relate to the themes of the Heritage 
                        Area; and
                    (G) installing throughout the Heritage Area clear, 
                consistent, and appropriate signs identifying public 
                access points and sites of interest;
            (2) prepare and implement the management plan while 
        considering the interests of diverse units of government, 
        businesses, private property owners, and nonprofit groups 
        within the Heritage Area;
            (3) conduct public meetings at least quarterly regarding 
        the development and implementation of the management plan;
            (4) for any fiscal year for which Federal funds are 
        received under this Act--
                    (A) submit to the Secretary a report that 
                describes, for the year--
                            (i) the accomplishments of the management 
                        entity;
                            (ii) the expenses and income of the 
                        management entity; and
                            (iii) each entity to which a grant was 
                        made;
                    (B) make available for audit by Congress, the 
                Secretary, and appropriate units of government, all 
                records pertaining to the expenditure of the funds and 
                any matching funds; and
                    (C) require, for all agreements authorizing 
                expenditure of Federal funds by any entity, that the 
                receiving entity make available for audit all records 
                pertaining to the expenditure of the funds.
    (c) Prohibition on the Acquisition of Real Property.--The 
management entity shall not use Federal funds made available under this 
Act to acquire real property or any interest in real property.

SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.

    (a) Technical and Financial Assistance.--
            (1) In general.--On the request of the management entity, 
        the Secretary may provide technical and financial assistance 
        for the development and implementation of the management plan.
            (2) Priority for assistance.--In providing assistance under 
        paragraph (1), the Secretary shall give priority to actions 
        that assist in--
                    (A) conserving the significant cultural, historic, 
                and natural resources of the Heritage Area; and
                    (B) providing educational, interpretive, and 
                recreational opportunities consistent with the purposes 
                of the Heritage Area.
            (3) Spending for non-federal property.--The management 
        entity may expend Federal funds made available under this Act 
        on nonfederally owned property that is--
                    (A) identified in the management plan; or
                    (B) listed or eligible for listing on the National 
                Register of Historic Places.
            (4) Other assistance.--The Secretary may enter into 
        cooperative agreements with public and private organizations to 
        carry out this subsection.
    (b) Other Federal Agencies.--Any Federal entity conducting or 
supporting an activity that directly affects the Heritage Area shall--
            (1) consider the potential effect of the activity on the 
        purposes of the Heritage Area and the management plan;
            (2) consult with the management entity regarding the 
        activity; and
            (3) to the maximum extent practicable, conduct or support 
        the activity to avoid adverse effects on the Heritage Area.

SEC. 8. LAND USE REGULATION; APPLICABILITY OF FEDERAL LAW.

    (a) Land Use Regulation.--
            (1) In general.--The management entity shall provide 
        assistance and encouragement to State and local governments, 
        private organizations, and persons to protect and promote the 
        resources and values of the Heritage Area.
            (2) Effect.--Nothing in this Act--
                    (A) affects the authority of the State or local 
                governments to regulate under law any use of land; or
                    (B) grants any power of zoning or land use to the 
                management entity.
    (b) Private Property.--
            (1) In general.--The management entity shall be an advocate 
        for land management practices consistent with the purposes of 
        the Heritage Area.
            (2) Effect.--Nothing in this Act--
                    (A) abridges the rights of any person with regard 
                to private property;
                    (B) affects the authority of the State or local 
                government regarding private property; or
                    (C) imposes any additional burden on any property 
                owner.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this Act $10,000,000, of which not more than $1,000,000 may be 
authorized to be appropriated for any fiscal year.
    (b) Cost-Sharing Requirement.--The Federal share of the total cost 
of any activity assisted under this Act shall be not more than 50 
percent.

SEC. 10. TERMINATION OF AUTHORITY.

    The authority of the Secretary to provide assistance under this Act 
terminates on the date that is 15 years after the date of the enactment 
of this Act.
[EX A]:
Freedom's Way National Heritage Area Act - Establishes the Freedom's Way National Heritage Area encompassing 36 communities in Massachusetts and eight communities in New Hampshire that have made important and distinctive contributions to the national character of America.