115 HR 2733 IH: Housing Our Heroes Act
U.S. House of Representatives
2017-05-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 2733IN THE HOUSE OF REPRESENTATIVESMay 25, 2017Mr. Schneider (for himself, Mr. Thomas J. Rooney of Florida, Mr. Sean Patrick Maloney of New York, and Ms. Stefanik) introduced the following bill; which was referred to the Committee on Veterans' AffairsA BILLTo direct the Secretary of Veterans Affairs to establish a pilot grant program to acquire and
			 renovate abandoned homes for homeless veterans.

 1.Short titleThis Act may be cited as the Housing Our Heroes Act. 2.Establishment of pilot grant program for homeless veterans (a)EstablishmentNot later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence a pilot grant program to assess the feasibility and advisability of awarding grants to eligible entities to purchase and renovate abandoned homes for homeless veterans.
			(b)Grants
 (1)AwardIn carrying out the pilot program under subsection (a), the Secretary shall award grants to eligible entities to purchase and renovate abandoned homes for homeless veterans.
 (2)Maximum AmountThe amount of a single grant awarded under paragraph (1) shall not exceed $1,000,000. (3)NumberThe Secretary may award to an eligible entity more than one grant under paragraph (1).
 (c)Eligible entitiesThe Secretary may award a grant under subsection (b)(1) to any of the following: (1)A veterans service agency.
 (2)A veterans service organization. (3)Homeless organizations.
 (4)Any other nongovernmental organization. (d)Selection of grant recipients (1)ApplicationAny eligible entity seeking a grant under subsection (b)(1) shall submit to the Secretary an application therefore in such form and in such manner as the Secretary considers appropriate.
 (2)RequirementsThe Secretary may only award grants under subsection (b)(1) to an eligible entity that demonstrates, as determined by the Secretary—
 (A)a record of financial stability; and (B)experience in developing housing for homeless veterans.
					(3)Selection Priority
 (A)Communities with greatest needSubject to subparagraph (B), in accordance with regulations the Secretary shall prescribe, the Secretary shall give priority in the awarding of grants under subsection (b)(1) to eligible entities who serve communities that the Secretary determines have the greatest need of homeless services.
 (B)Geographic DistributionThe Secretary may give priority in the awarding of grants under subsection (b)(1) to achieve a fair distribution, as determined by the Secretary, among homeless veterans in different geographical regions.
 (C)Other agreementsIn awarding a grant under subsection (b)(1) to an eligible entity in a location determined pursuant to subparagraphs (A) and (B), the Secretary shall give preference to eligible entities that are entered into an agreement with the Secretary under section 2041 of title 38, United States Code.
					(e)Use of grant funds
 (1)PurposesA grantee may use amounts of a grant awarded to the grantee under subsection (b)(1) to purchase or renovate abandoned homes, including homes that have been foreclosed.
 (2)Maximum purchase amountThe Secretary shall establish maximum amounts, based on geography, for grants awarded under subsection (b)(1) that may be used for the purchase of a single home.
				(3)Payment program
 (A)The United States shall not have any ownership interest in a home that is purchased by a grantee using amounts of a grant awarded under subsection (b)(1).
 (B)Each grantee shall ensure that, beginning one year after the date on which a veteran begins to reside in a home purchased or renovated by the grantee using a grant awarded under subsection (b)(1), the veteran makes monthly payments to the grantee in an amount determined appropriate by the grantee that is not less than 85 percent of the fair market rent for such home.
 (C)Each grantee shall determine whether payments made by a veteran under subparagraph (B) shall be treated as rent or as a mortgage for the home for which the veteran is making such payments. The Secretary, in coordination with the Secretary of Housing and Urban Development, shall determine the requirements for such payments.
 (D)Each grantee shall pay to the Secretary of Veterans Affairs not less than 80 percent of each payment received under subparagraph (B).
 (E)The Secretary may conduct an audit of any grantee to ensure that the grantee carries out this paragraph.
					(4)Veterans Homelessness Grant Fund
 (A)There is established in the Treasury a fund to be known as the Veterans Homelessness Grant Fund (in this paragraph referred to as the Fund). (B)The Secretary shall deposit into the Fund the payments collected by the Secretary under paragraph (3)(D).
 (C)Amounts deposited into the Fund pursuant to subparagraph (B) shall be available to the Secretary to carry out the pilot program under subsection (a) without further appropriation. The Secretary may not use such amounts from the Fund for any other purpose unless pursuant to a specific provision of law.
 (f)DurationThe Secretary shall carry out the pilot program under subsection (a) during the three-year period beginning on the date of the commencement of the pilot program.
 (g)ConsultationThe Secretary may consult with nongovernmental entities in developing the pilot program under subsection (a).
 (h)Annual reportsDuring each year in which the Secretary carries out the pilot program under subsection (a), the Secretary shall submit to Congress a report that details, with respect to the year covered by the report, the number of grants awarded, the amounts so awarded, the progress of home purchase and renovation made by eligible entities using such grants, and the number of tenants currently paying rent towards such homes.
 (i)Authorization of appropriationsThere is authorized to be appropriated to the Secretary a total of $25,000,000 to carry out the pilot program under subsection (a).
 (j)Homeless veteran definedIn this section, the term homeless veteran means any of the following veterans: (1)A veteran who is eligible to receive housing, clinical services, and case management assistance under section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)).
 (2)A veteran who is receiving— (A)assistance from, or is the beneficiary of a service furnished by, a program that is in receipt of a grant under section 2011 of title 38, United States Code; or
 (B)services for which per diem payment is received under section 2012 of such title. (3)A veteran who is—
 (A)a beneficiary of the outreach program carried out under section 2022(e) of such title; or (B)in receipt of referral or counseling services from the program carried out under section 2023 of such title.
 (4)A veteran who is receiving a service or assistance under section 2031 of such title. (5)A veteran who is residing in therapeutic housing operated under section 2032 of such title.
 (6)A veteran who is receiving domiciliary services under section 2043 of such title or domiciliary care under section 1710(b) of such title.
 (7)A veteran who is receiving supportive services under section 2044 of such title.


		I
		111th CONGRESS
		1st Session
		H. R. 4179
		IN THE HOUSE OF REPRESENTATIVES

			December 2, 2009
			Mr. Conyers (for
			 himself, Mr. Johnson of Georgia,
			 Ms. Lee of California, and
			 Mr. Massa) introduced the following
			 bill; which was referred to the Committee
			 on Ways and Means

		A BILL
		To amend the Internal Revenue Code of 1986 to keep
		  Americans working by creating a refundable work-sharing tax credit that
		  stimulates demand in the private sector labor market and provides employers
		  with an alternative to layoffs.

		1.Short titleThis Act may be cited as the
			 Shortening Hours and Retaining
			 Employees Credit Act of 2009 or the
			 SHARE Credit Act of 2009.
		2.PurposeThe purpose of this Act is to keep Americans
			 working by encouraging employers to hold wages constant while decreasing
			 employee work hours as a means of providing an alternative to layoffs and
			 promoting labor demand in the private sector.
		3.Work share
			 credit
			(a)In
			 generalSubpart C of part IV
			 of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to
			 refundable credits) is amended by adding at the end the following new
			 section:

					36B.Work share
				credit
						(a)In
				generalThere shall be
				allowed as a credit against the tax imposed by this subtitle an amount equal
				the wages paid or incurred by the taxpayer during the taxable year to each
				qualified work share employee.
						(b)Maximum credit
				per employeeThe credit
				allowed by this section with respect to each qualified work share employee
				shall not exceed the lesser of—
							(1)$3,000, or
							(2)10 percent of the
				wages paid or incurred to the employee for periods (during the taxable year)
				during which the employee did not perform services for the employer by reason
				of a reduction described in subsection (d)(1)(A)(ii)(II).
							(c)Qualified work
				share employeeFor purposes of this section—
							(1)In
				generalThe term
				qualified work share employee means any employee of the taxpayer
				for any period if—
								(A)substantially all of the services performed
				during such period by such employee for such employer are performed in the
				United States in a trade or business of the employer, and
								(B)such employee is
				participating in a qualified work share program of the employer.
								(2)ExceptionsSuch term shall not include any individual
				who is described in any subparagraph of section 1396(d)(2).
							(d)Qualified work
				share programFor purposes of
				this section—
							(1)In
				generalThe term qualified work share program means
				any written program of the employer—
								(A)under which
				employees who participate in the program—
									(i)perform the same
				functions they would have performed were they not participants in the program,
				and
									(ii)receive the same
				wages and benefits that they would have received—
										(I)were they not
				participants in the program, and
										(II)without regard to
				any reduction in the hours of the employee’s service (including any reduction
				in the form of increased required paid leave or paid vacation) required by the
				employer as a condition of participating in the program,
										(B)which is determined by the Secretary to
				have adequate recordkeeping and reporting procedures to comply with the
				requirements under this section,
								(C)which meets the
				disclosure requirements of paragraph (2), and
								(D)which meets rules
				similar to the rules of paragraphs (2), (3), and (6) of section 127(d).
								The
				application of this paragraph to individuals employed on an hourly basis shall
				be determined under regulations prescribed by the Secretary.(2)Employer
				compliance disclosureA program meets the disclosure requirements
				of the paragraph if—
								(A)in the case of an
				employer with a publicly accessible Internet website, the employer posts the
				hour reductions made for the purpose of qualifying for a credit under this
				section within 24 hours of such reductions being authorized by the employer,
				and
								(B)in the case of any
				other employer, the employer transfers information, including the amount of
				hour reductions made for the purpose of qualifying for a credit under this
				section, to the Secretary within 24 hours of such reductions being authorized
				by the employer.
								(e)WagesFor
				purposes of this section, the term wages has the meaning given to
				such term by section 51(c).
						(f)Controlled
				groupsRules similar to the rules of subsections (b) and (c) of
				section 1397 shall apply for purposes of this
				section.
						.
			(b)Denial of double
			 benefitSubsection (a) of
			 section 280C of such Code is amended by inserting 36B(a), after
			 45P(a),.
			(c)Conforming
			 amendments
				(1)Section 1324(b)(2) of title 31, United
			 States Code, is amended by inserting 36B, after
			 36A,.
				(2)The table of
			 sections for subpart C of part IV of subchapter A of chapter 1 of such Code is
			 amended by inserting after the item relating to section 36A the following new
			 item:

						Sec. 36B. Work share
				credit..

				(d)Effective
			 dateThe amendments made by this section shall apply to qualified
			 work shares initiated after the date of the enactment of this Act in taxable
			 years ending after such date.
			(e)Payments to
			 governments and other tax-exempt entities
				(1)In
			 generalIn the case of any
			 entity to which this subsection applies, the Secretary of the Treasury shall
			 pay (without interest) to such entity an amount equal to the credit which would
			 be allowed under section 36B of the Internal Revenue Code of 1986 (as added by
			 this section) were such entity subject to the taxes imposed by chapter 1 of
			 such Code.
				(2)Entities
			 entitled to paymentsThis subsection shall apply to—
					(A)any State, political subdivision of a
			 State, or agency or instrumentality of one or more States or political
			 subdivisions, and
					(B)any organization
			 exempt from tax under section 501(a) of such Code (other than an organization
			 required to make a return of the tax imposed under subtitle A of such Code for
			 the taxable year).
					(3)Time for filing
			 claims; period coveredNot
			 more than one claim may be filed under paragraph (1) by any entity with respect
			 to wages paid or incurred during any calendar year, and no claim shall be
			 allowed under this paragraph with respect to any calendar year unless filed by
			 such entity not later than 3 years after the close of such calendar
			 year.
				(f)Use of payroll
			 tax data for employer compliance purposesNo later than 60 days after the enactment
			 of this Act, the Secretary of the Treasury shall establish a system—
				(1)to verify employer
			 compliance with section 36B of the Internal Revenue Code of 1986 (as added by
			 this section) using payroll tax data, and
				(2)to allow employers
			 to comply with the requirements in section 36B(d)(2) of such Code (as so
			 added).


I
One Hundred Twelfth Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Tuesday, the third day of January, two thousand and twelve
H. R. 5954

AN ACT
To designate the facility of the United States Postal Service located at 320 7th Street in Ellwood City, Pennsylvania, as the Sergeant Leslie H. Sabo, Jr. Post Office Building.

1.Sergeant Leslie H. Sabo, Jr. Post Office Building
(a)DesignationThe facility of the United States Postal Service located at 320 7th Street in Ellwood City, Pennsylvania, shall be known and designated as the Sergeant Leslie H. Sabo, Jr. Post Office Building.
(b)ReferencesAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Sergeant Leslie H. Sabo, Jr. Post Office Building.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


		I
		112th CONGRESS
		2d Session
		H. R. 6477
		IN THE HOUSE OF REPRESENTATIVES

			September 20, 2012
			Mr. Sires introduced
			 the following bill; which was referred to the
			 Committee on Financial
			 Services, and in addition to the Committee on
			 Transportation and
			 Infrastructure, for a period to be subsequently determined by
			 the Speaker, in each case for consideration of such provisions as fall within
			 the jurisdiction of the committee concerned

		A BILL
		To strengthen America’s financial infrastructure, by
		  requiring pre-funding for catastrophe losses using private insurance premium
		  dollars to protect taxpayers from massive bailouts, and to provide dedicated
		  funding from insurance premiums to improve catastrophe preparedness, loss
		  prevention and mitigation, and to improve the availability and affordability of
		  homeowners insurance coverage for catastrophic events, and for other
		  purposes.

		1.Short title and table of
			 contents
			(a)Short
			 titleThis Act may be cited
			 as the Taxpayer Protection Act of
			 2012.
			(b)Table of
			 contentsThe table of
			 contents for this Act is as follows:

					Sec. 1. Short title and table of contents.
					Sec. 2. Findings and purpose.
					Sec. 3. Definitions.
					TITLE I—TAXPAYER PROTECTION, PRE-FUNDED CATASTROPHE RECOVERY, AND
				MARKET STABILIZATION
					Sec. 101. National Commission on Natural Catastrophe
				Preparation and Protection.
					Sec. 102. Pre-funded and privately financed catastrophe
				recovery program.
					Sec. 103. Post-catastrophe market stabilization program for
				liquidity loans.
					Sec. 104. Termination.
					TITLE II—DISASTER READINESS, CITIZEN AND COMMUNITY PREPAREDNESS,
				AND MITIGATION
					Sec. 201. National Readiness, Preparedness, and Mitigation
				Committee.

			2.Findings and
			 purpose
			(a)FindingsThe Congress finds the following:
				(1)The economy of the United States, the
			 American taxpayers, and all homeowners need to be better prepared for, and more
			 protected from, major natural catastrophes.
				(2)Taking into
			 consideration the current economic and fiscal challenges facing the United
			 States, it is more important than ever to fortify our Nation’s financial
			 infrastructure to be fully prepared for major natural catastrophes and to
			 mitigate the risk of catastrophe as much as possible.
				(3)In the past, when
			 a natural catastrophe eclipsed the ability of the private industry or a State
			 to manage the loss, or individuals were uninsured or underinsured, the Federal
			 Government has stepped in to provide the funding and services needed for
			 recovery.
				(4)The costs of such
			 Federal bailouts have been borne by all taxpayers, thereby
			 creating a disincentive to fully prepare for catastrophe and unfairly burdening
			 citizens who live in lower risk communities.
				(5)Historically, the
			 budget for Federal Government has assumed there will be no natural disasters,
			 and this lack of pre-funding for catastrophe contributed substantially to
			 annual budget deficits and growing national debt.
				(6)The Budget Control
			 Act of 2011 ends an era of unbudgeted recovery assistance and authorizes a
			 fixed level of annual funding for disaster relief.
				(7)The amount of
			 future disaster relief funding is capped at the average amount spent on natural
			 disasters during the previous 10 years with the high and low years
			 removed.
				(8)By removing the
			 high and low years, the law now caps disaster spending at a level that is less
			 than 60 percent of the amount spent on disaster relief during the previous 10
			 years.
				(9)Natural
			 catastrophes will continue to occur, and the exposure to catastrophe risk is
			 growing. Scientists warn that future catastrophes will inevitably cause losses
			 far in excess of prior events, and these losses could exceed the limited
			 capacity in the private market to cover claims and remain viable to insure
			 properties after massive catastrophic events.
				(10)In 2011, the
			 earthquake centered in Virginia that shook the East Coast and Hurricane Irene
			 provided powerful reminders that natural catastrophes can strike unexpectedly
			 and severely damage areas not thought to be at high risk.
				(11)Losses caused by
			 natural catastrophes in 2011 reached record levels and affected areas
			 throughout the country.
				(12)To successfully
			 transition to a more limited Federal role in post-event disaster funding,
			 communities must be better prepared for future catastrophe, the risk of damage
			 from natural catastrophes must be mitigated and individuals must have greater
			 access to private market protection against catastrophe risk.
				(13)Currently,
			 neither the government, nor communities, nor the private sector are
			 accumulating sufficient resources or procuring sufficient coverage to recover
			 from inevitable future natural catastrophes.
				(14)The private
			 insurance market does not have sufficient capacity to efficiently address the
			 timing risk presented by major natural catastrophes, and there is no guarantee
			 that the level of capacity that does exist will continue to be available from
			 one year to the next or that consumers have the resources to adjust to
			 significant price swings in the cost of the capital for available
			 capacity.
				(15)Disruptions in
			 insurance availability and affordability will continue to harm economic
			 activity in States exposed to major catastrophes and place significant burdens
			 on residents of these States.
				(16)Consumers in many
			 areas around the country cannot find homeowners insurance in the private
			 market, and affordability and availability challenges will grow dramatically
			 when the next major catastrophe strikes.
				(17)Hurricane Katrina
			 and other recent catastrophes confirm that the economic harm from natural
			 catastrophes has a disproportionate impact upon the poor and middle
			 class.
				(18)A new
			 public-private partnership approach to deal more effectively with major natural
			 catastrophes would more efficiently leverage the public sector and establish a
			 limited, less expensive, more focused role for government while also maximizing
			 the capabilities of the private sector.
				(19)A privately
			 funded backstop can provide more protection at lower cost for consumers while
			 also strengthening America’s financial infrastructure to deal with natural
			 catastrophes by increasing capacity and providing more market stability after a
			 catastrophe.
				(20)Cost savings can
			 lower premiums for consumers and be used to encourage better prevention and
			 mitigation in lieu of post-event bailouts.
				(21)A financial
			 backstop can be structured to be fully funded to protect taxpayers from
			 bailouts and insurance policyholders from subsidies upon which the current
			 system relies.
				(22)A public-private
			 partnership model, with an appropriately structured backstop, can protect
			 against the timing risk presented by major natural catastrophes, spread risk
			 more broadly, and enable private direct insurers to underwrite and price
			 insurance for large-scale catastrophes more efficiently and with less risk of
			 insolvency or financial distress while making insurance more available and
			 affordable for consumers.
				(23)Private market
			 reinsurers could continue to provide coverage for direct insurers and could
			 participate in providing capacity to the financial backstop.
				(24)For the majority
			 of Americans their home is their single biggest asset and protecting that
			 investment is important to the economic health of millions of Americans, to
			 social stability; and to the health of the banking system and broader
			 economy.
				(25)The financial
			 crisis of 2008 confirms the value of taking action in advance to strengthen
			 America’s financial infrastructure through a privately funded backstop rather
			 than waiting for a future crisis or collapse to take emergency action in the
			 form of bailouts.
				(26)It is in the best
			 interests of the Nation to take responsible action now to begin to build a
			 financial backstop that will help protect a recovering American economy and
			 mitigate the economic or financial shock that could result from a major
			 catastrophic event.
				(b)PurposesThe purposes of this Act are—
				(1)to establish a fully funded program for
			 catastrophe losses to strengthen the financial infrastructure of the United
			 States;
				(2)to protect
			 taxpayers from bailouts and subsidies related to the financing of
			 post-catastrophe disaster relief;
				(3)to develop a
			 public-private partnership that maximizes the private market capacity to
			 directly provide insurance to consumers with a comprehensive and integrated
			 plan to help homeowners better prepare for and recover from the damages caused
			 by natural catastrophes;
				(4)to encourage
			 individuals and communities to adopt mitigation and prevention measures that
			 reduce losses from such catastrophes; and
				(5)to expedite the
			 payment of claims and better assist in the financial recovery from such
			 catastrophes.
				3.DefinitionsFor purposes of this Act, the following
			 definitions shall apply:
			(1)Actuarially
			 soundThe term actuarially sound means, with respect
			 to premiums, that premiums are determined according to principles of actuarial
			 science to be adequate, but not excessive, in the aggregate to pay current and
			 future obligations, including the expected annualized cost of all claims, loss
			 adjustment expenses, and all administrative costs.
			(2)Covered
			 eventThe term covered
			 event means the occurrence of one or more of the perils specified in
			 section 102(c) that causes a loss or series of losses.
			(3)Covered
			 StateThe term covered States means, with respect to
			 a State plan, a State covered by the plan.
			(4)Eligible State
			 planThe term eligible State plan means a State plan
			 or multi-State plan that meets the requirements of section 102(d).
			(5)Emergency
			 response providersThe term emergency response
			 providers has the meaning given such term in section 2 of the Homeland
			 Security Act of 2002 (6 U.S.C. 101).
			(6)FundThe
			 term Fund means the Catastrophe Preparedness Fund established
			 under section 102(g).
			(7)Insured
			 lossThe term insured loss means any loss and
			 associated loss adjustment expense insured or reinsured by an eligible State
			 plan.
			(8)Liquidity
			 loanThe term liquidity loan means a loan to an
			 eligible State plan made under section 103.
			(9)Multi-State
			 planThe term multi-State plan means a State plan
			 described in paragraph (12)(A)(ii) of this section.
			(10)SecretaryThe term Secretary means the
			 Secretary of the Treasury except as specifically provided otherwise.
			(11)StateThe
			 term State includes the several States of the United States, the
			 District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth
			 of the Northern Mariana Islands, the United States Virgin Islands, and American
			 Samoa, and any other territory or possession of the United States.
			(12)State
			 planThe term State plan means a plan that—
				(A)is created or
			 administered by—
					(i)a
			 single State; or
					(ii)two or more States; and
					(B)provides insurance or reinsurance
			 protection to address natural catastrophe preparedness and protection, and in
			 the case of a plan described in subparagraph (A)(ii), provides such protection
			 as part of a program covering multiple States.
				ITAXPAYER
			 PROTECTION, PRE-FUNDED CATASTROPHE RECOVERY, AND MARKET STABILIZATION
			101.National
			 Commission on Natural Catastrophe Preparation and Protection
				(a)EstablishmentTo effectuate a stronger public-private
			 partnership at the local, State, and national levels regarding natural
			 catastrophe preparation and protection, the Secretary of the Treasury, in
			 consultation with the Secretary of Homeland Security, shall establish a
			 commission to be known as the National Commission on Natural Catastrophe
			 Preparation and Protection (in this title referred to as the
			 Commission).
				(b)DutiesThe Commission shall meet for the purpose
			 of advising the Secretary regarding the estimated loss costs associated with
			 the contracts for reinsurance protection made available under this title and
			 carrying out the functions specified in this Act, including—
					(1)the development
			 and implementation of public education concerning the risks posed by natural
			 catastrophes;
					(2)the establishment
			 of a research priority for the development and implementation of prevention,
			 mitigation, recovery, and rebuilding standards, and prudent land-use policies,
			 that better prepare and protect the United States from natural
			 catastrophes;
					(3)the establishment
			 of a process for members of the Commission to deploy following every major
			 catastrophe to inspect and evaluate the handling of such catastrophes;
					(4)conducting
			 continuous analysis of the effectiveness of this Act and recommending
			 improvements to the Congress so that the costs of providing natural catastrophe
			 protection are decreased and so that the United States is better prepared;
			 and
					(5)ensuring that the programs under this title
			 are operated in a financially prudent manner and on an actuarially sound basis
			 consistent with the provisions of this title and is not dependent on subsidy
			 from taxpayers or consumers in areas that do not reside in areas that have a
			 high-risk to natural catastrophe loss, including by monitoring the expenditure
			 of funds for administrative purposes to promote efficiency and economy in the
			 operation and administration of the program and to minimize the cost for
			 participating States.
					(c)MembersThe
			 Commission shall consist of 11 members, as follows:
					(1)Homeland
			 security memberThe Secretary of Homeland Security or the
			 Secretary’s designee.
					(2)Appointed
			 membersEleven members appointed by the Secretary of the
			 Treasury, who shall consist of—
						(A)one individual who
			 is an actuary;
						(B)one individual who
			 is employed in engineering;
						(C)one individual
			 representing the scientific community;
						(D)one individual
			 representing property and casualty insurers;
						(E)one individual
			 representing reinsurers;
						(F)one individual
			 representing the Federal Insurance Office of the Department of the
			 Treasury;
						(G)one individual who
			 is a member or former member of the National Association of Insurance
			 Commissioners;
						(H)two individuals
			 who are consumers, including one consumer who is a homeowner who resides in an
			 area with relatively high exposure to natural catastrophe risk and one consumer
			 who resides in an area with relatively low exposure to natural catastrophe
			 risk;
						(I)one individual who
			 is an emergency response expert; and
						(J)one individual
			 with expertise regarding capital markets.
						(d)Treatment of
			 non-Federal membersEach member of the Commission who is not
			 otherwise employed by the Federal Government shall be considered a special
			 Government employee for purposes of sections 202 and 208 of title 18, United
			 States Code.
				(e)Experts and
			 consultantsThe Commission may procure temporary and intermittent
			 services from individuals or groups recognized as experts in the fields of
			 actuarial science, meteorology, seismology, vulcanology, geology, structural
			 engineering, wind engineering, seismic engineering and hydrology, emergency
			 response, and other fields, under section 3109(b) of title 5, United States
			 Code, but at rates not in excess of the daily equivalent of the annual rate of
			 basic pay payable for level V of the Executive Schedule, for each day during
			 which the individual procured is performing such services for the Commission.
			 The Commission may also procure, and the Congress encourages the Commission to
			 procure, experts from universities, research centers, foundations, and other
			 appropriate organizations that could study, research, and develop methods and
			 mechanisms that could be utilized to strengthen structures to better withstand
			 the perils covered by this Act.
				(f)CompensationEach
			 member of the Commission who is not an officer or employee of the Federal
			 Government shall be compensated at a rate of basic pay payable for level V of
			 the Executive Schedule, for each day (including travel time) during which such
			 member is engaged in the performance of the duties of the Commission. All
			 members of the Commission who are officers or employees of the United States
			 shall serve without compensation in addition to that received for their
			 services as officers or employees of the United States.
				(g)Obtaining
			 data
					(1)AuthorityThe Commission and the Secretary may
			 solicit loss and exposure data and such other information that they deem
			 necessary to carry out their responsibilities under this Act from eligible
			 State plans, other governmental agencies, and bodies and organizations that act
			 as statistical agents for the insurance industry. The Commission and the
			 Secretary shall take such actions as are necessary to ensure that confidential
			 or proprietary information is disclosed only to authorized individuals working
			 for the Commission or the Secretary.
					(2)Confidentiality
						(A)In
			 generalInformation obtained by the Commission and the Secretary
			 pursuant to this Act with reference to which a request for confidential
			 treatment is made by the person furnishing such information—
							(i)shall be exempt from disclosure under
			 section 552 of title 5, United States Code; and
							(ii)shall not be published or disclosed.
							(B)ExceptionSubparagraph (A) shall not apply with
			 respect to the publication or disclosure of any data aggregated in a manner
			 that ensures protection of the identity of the person furnishing such
			 data.
						(h)Authorization of
			 appropriationsThere is authorized to be appropriated—
					(1)$10,000,000 for fiscal year 2013 for the
			 initial expenses in establishing the Commission and the initial activities of
			 the Commission during such fiscal year that cannot timely be covered by amounts
			 that are deposited in the Fund pursuant to section 102(e)(5)(D); and
					(2)for fiscal year 2014 and each fiscal year
			 thereafter, such sums as may be necessary to carry out the activities of the
			 Commission during each such fiscal year that cannot timely be covered by
			 amounts that are deposited in the Fund pursuant to section 102(e)(5)(D).
					(i)TerminationThe
			 Commission shall terminate upon the date specified in section 104(c).
				102.Pre-funded and
			 privately financed catastrophe recovery program
				(a)Program
			 authority
					(1)In
			 generalThe Secretary of the
			 Treasury, in consultation with the Secretary of Homeland Security, shall carry
			 out a program under this section that utilizes premiums from eligible State
			 plans to provide additional capacity and stability in the homeowners insurance
			 market and improve the availability and affordability of homeowners protection
			 coverage to pre-fund future natural catastrophe recovery by making available
			 for purchase, only by eligible State plans, contracts for reinsurance coverage
			 under this section.
					(2)PurposeThe program shall make available privately
			 funded reinsurance coverage under this section—
						(A)to protect taxpayers from financing the
			 cost of bailouts after natural catastrophes;
						(B)to diversify and
			 spread risk more efficiently and leverage the economies of pooling reinsurance
			 arrangements from different geographical areas of the country covering the
			 perils specified in subsection (c);
						(C)to generate
			 additional capacity and provide stability to the homeowners insurance market by
			 encouraging States to develop or expand plans that address current market
			 challenges and assist homeowners in securing needed protection;
						(D)to improve the
			 availability and affordability of homeowners insurance for the purpose of
			 privately financing post-catastrophe recovery by facilitating the pooling and
			 spreading the risk of catastrophic financial losses from natural
			 catastrophes;
						(E)to improve the
			 solvency, capacity, and stability of homeowners insurance markets;
						(F)to encourage the
			 development and implementation of mitigation, prevention, recovery, and
			 rebuilding standards to reduce future catastrophe losses; and
						(G)to analyze and
			 recommend methods to continuously improve the way the United States prepares
			 for, reacts to, and responds to catastrophes, including improvements to the
			 Catastrophe Preparedness Fund established under section 102(g).
						(3)Contract
			 principlesUnder the program
			 under this section, the Secretary shall offer reinsurance coverage through
			 contracts with eligible State plans, which contracts shall—
						(A)be priced on an actuarially sound basis as
			 specified in this section; and
						(B)provide coverage
			 based solely on insured losses within the State or States participating in the
			 eligible State plan purchasing the contract.
						(b)Qualified lines
			 of coverageEach contract for reinsurance coverage made available
			 under this section shall provide coverage for insured property losses covered
			 under primary insurance contracts to homeowners, mobile home owners, renters,
			 and condominium owners for covered perils. Nothing in this Act shall be
			 interpreted to expand the terms, conditions, or scope of coverage or perils
			 covered under insurance policies issued by insurers or eligible State
			 plans.
				(c)Covered
			 perils
					(1)In
			 generalEach contract for reinsurance coverage made available
			 under this section shall cover losses insured or reinsured by the eligible
			 State plan purchasing the contract that are proximately caused by—
						(A)earthquakes;
						(B)perils ensuing
			 from earthquakes, including fire and tsunami-related flood;
						(C)catastrophic
			 wildfires unrelated to earthquakes;
						(D)tropical cyclones
			 having maximum sustained winds of at least 74 miles per hour, including
			 hurricanes and typhoons;
						(E)tornadoes;
						(F)volcanic
			 eruptions;
						(G)catastrophic
			 winter storms; and
						(H)any other natural
			 catastrophe insured or reinsured under the eligible State plan purchasing the
			 contract.
						(2)DefinitionsThe
			 Secretary shall, by regulation, define the natural catastrophe perils
			 identified under this subsection.
					(d)Eligible State
			 plansA State plan shall be an eligible State plan for purposes
			 of this section only if the State plan meets all of the following
			 requirements:
					(1)Program
			 designThe entity for the
			 covered State or States that is authorized to make such determinations
			 certifies to the Secretary that the State plan is a program, established by the
			 covered State or States, that provides—
						(A)insurance coverage
			 for insured property losses covered under primary insurance contracts for
			 residential property located in any covered State; or
						(B)reinsurance
			 coverage that is designed to improve availability or affordability, or both, in
			 the private insurance markets that offers coverage for insured property losses
			 covered under primary insurance contracts for residential property located in
			 any covered State.
						(2)OperationThe entity for the covered State or States
			 that is authorized to make such determinations certifies to the Secretary that
			 the State plan complies with the following requirements:
						(A)Establishment;
			 governing bodyThe State plan shall be established by the covered
			 State or States and a majority of the members of the governing body of the
			 State plan shall be public officials or appointed by public officials.
						(B)RepaymentIf
			 any covered State has at any time appropriated amounts from the fund of the
			 State plan for any purpose other than payments made in connection with the
			 activities authorized under the State plan, the State shall have repaid such
			 amounts to the State fund, together with interest on such amounts.
						(C)Nondiscrimination
			 in coverageInsurance or reinsurance coverage, as applicable,
			 provided under the eligible State plan shall be made available on a
			 nondiscriminatory basis to all qualifying residents of any covered
			 State.
						(D)Prohibition of
			 cross-subsidizationThe State plan may not, except for charges or
			 assessments related to post-event financing or bonding, involve
			 cross-subsidization between any separate property and casualty lines covered
			 under the plan.
						(E)Reinsurance
			 premiumsIn the case of State plans providing reinsurance
			 coverage, the plan or the law in effect in each covered State shall require
			 that to the extent that reinsurance coverage made available under the program
			 under this section results in cost savings in providing insurance coverage for
			 risks in such State, such cost savings be reflected in premium rates charged to
			 consumers for such coverage.
						(F)TerminationThe State plan shall include provisions
			 that authorize the entity for the covered State or States that is authorized to
			 make such a determination to terminate the State plan or, in the case of a
			 multi-State plan, membership in such Plan, if such entity determines that the
			 State plan is no longer necessary to ensure the availability or affordability
			 of residential property insurance for all residents of any covered
			 State.
						(G)Actuarial
			 soundnessInsurance or reinsurance coverage, as applicable, made
			 available by the State plan shall be provided at actuarially sound
			 rates.
						(3)Treatment of
			 earningsThe entity for the
			 covered State or States that is authorized to make such determinations
			 certifies to the Secretary that the State plan does not provide for
			 redistribution of any part of any net profits under the State plan to any
			 insurer that participates in the State plan.
					(4)Support for
			 mitigation and prevention
						(A)RequirementsExcept as provided in subparagraph (B), the
			 Secretary determines that, for any year for which the coverage is in effect,
			 the provision of reinsurance coverage under the program under this section to
			 the State plan supports mitigation and prevention of risk associated with
			 covered events and that the State plan meets all of the following
			 requirements:
							(i)Building, fire,
			 and safety codesEach covered
			 State has in effect, or appropriate local governments within each covered State
			 have in effect, and enforce building, fire, and safety codes and standards that
			 offer risk responsive resistance to earthquakes or high winds.
							(ii)MitigationEach
			 covered State has taken actions to mitigate losses caused by natural
			 disasters.
							(iii)Prohibition of
			 price gougingEach covered State has in effect laws or
			 regulations sufficient to prohibit price gouging, during the term of
			 reinsurance coverage provided under the program under this section for the
			 State plan in any disaster area located within the covered State.
							(iv)Homeowners
			 insurance ratesFor any covered State that has in effect laws
			 that require insurers providing homeowners insurance to file their rates for
			 review or regulatory approval, the covered State has certified that homeowners
			 insurance rates associated with catastrophe coverage for covered perils are
			 actuarially sound.
							(v)Land use and
			 zoning plansEach covered State, to the extent feasible, shall
			 encourage State and local government units to develop, implement, and enforce
			 comprehensive land use and zoning plans that are designed to limit additional
			 natural hazard exposure and promote natural hazard mitigation.
							(vi)Emergency
			 preparedness actionsEach covered State, in consultation and
			 cooperation with localities in the State, the Administrator of the Federal
			 Emergency Management Agency, and other appropriate agencies and organizations,
			 shall have taken actions to continuously improve emergency preparedness.
							(B)Transition
			 periodTo provide sufficient time for adoption of the provisions
			 of this subsection and to support implementation of prevention and mitigation
			 measures set forth in subparagraph (A) of this paragraph, during the 5-year
			 period that begins on the date of the enactment of this Act, a State plan shall
			 not be precluded from qualifying as an eligible State plan because the
			 Secretary is unable to make any of the determinations required under
			 subparagraph (A).
						(e)Terms of
			 reinsurance contractsEach contract for reinsurance coverage
			 under this section shall be subject to the following terms and
			 conditions:
					(1)MaturityThe
			 contract shall have a minimum term of 1 year or such longer duration as the
			 Secretary may determine.
					(2)Payment
			 conditionThe contract shall authorize claims payments only for
			 eligible losses to the eligible State plan purchasing the coverage.
					(3)Retained losses
			 requirementFor each covered event, the contract shall not
			 reimburse any losses until the total incurred covered losses exceeds the
			 applicable attachment point established pursuant to subsection (f)(2).
					(4)Multiple
			 eventsThe contract shall cover any eligible losses from one or
			 more covered events that may occur during the term of the contract and shall
			 provide that if multiple events occur, the retained losses requirement under
			 paragraph (f) shall apply in the aggregate and not separately to each
			 individual event.
					(5)PricingThe
			 price of reinsurance coverage under the contract shall be an amount established
			 by the Secretary as follows:
						(A)RecommendationsThe Secretary shall take into consideration
			 the recommendations of the Commission in establishing the price, but the price
			 may not be less than the amount recommended by the Commission.
						(B)Fairness to
			 taxpayersThe price shall be
			 established at an actuarially sound level that protects taxpayers from
			 liability and takes into consideration models that estimate losses from covered
			 events.
						(C)Self-sufficiencyThe rates for reinsurance coverage for an
			 eligible State plan shall be established at an actuarially sound level that
			 produces expected premiums sufficient to pay—
							(i)the
			 expected annualized cost of all claims;
							(ii)loss adjustment
			 expenses;
							(iii)the cost of
			 funding emergency preparedness and mitigation efforts; and
							(iv)the
			 costs of operating the Commission and all administrative costs of reinsurance
			 coverage offered under this subsection.
							The
			 expected annualized cost of all claims shall be comparable to amounts being
			 included in the price for similar layers of coverage in the private sector,
			 taking into account the savings associated with the funding mechanisms and the
			 non-profit and tax-exempt status of the Fund.(D)OffsetThe Secretary shall ensure, to the maximum
			 extent practicable, that in each fiscal year an amount equal to any amount
			 appropriated pursuant to section 101(h) for such fiscal year is obtained from
			 purchasers of reinsurance coverage under this section by incorporating the
			 costs described in subparagraph (C)(iv) of this paragraph into the pricing of
			 the contracts for such coverage.
						(6)Taxpayer
			 protection, rapid cash build-up, and post-event pricing adjustments
						(A)First 5
			 yearsNotwithstanding any
			 other provision of this section, during the first five years of the program
			 under this section, the Secretary shall increase the price that is charged for
			 reinsurance coverage provided under the program under this section by at least
			 five percent, or such higher amount as the Secretary deems, above the
			 actuarially sound price calculated under paragraph (5), to facilitate and
			 accelerate the accumulation of reserves and to support the creation of the
			 readiness, preparedness, and mitigation grant program under section 201.
						(B)Post-eventNotwithstanding any other provision of this
			 section, after any covered event triggering any payment under a contract for
			 reinsurance coverage that requires the Fund to issue obligations under
			 subsection (g)(4) to make such payment and to provide additional taxpayer
			 protection and ensure that the program under this section is fully funded on an
			 ongoing basis, the Secretary shall require the inclusion of an additional
			 amount in the price that is charged for reinsurance coverage provided under the
			 program equal to at least five percent of the actuarially sound price
			 calculated under paragraph (5) to ensure that the program collects all revenue
			 necessary—
							(i)to
			 provide the reinsurance coverage authorized under this section;
							(ii)to
			 administer the program under this section, and
							(iii)to
			 account for any losses paid with funds acquired from obligations issued under
			 subsection (g)(4) during a period having a duration not longer than five years,
			 if feasible.
							Any such
			 obligations issued under subsection (g)(4) shall be repaid in full from the
			 surcharges assessed under this paragraph.(7)Economic
			 fairnessThe Secretary may
			 establish criteria and include provisions in the contract that limit the
			 pricing benefits under the program under this section for properties that
			 exceed a value determined by the Secretary to represent affluent property
			 owners who do not need the benefit of the program.
					(8)InformationThe contract shall contain a condition
			 providing that the Commission may require the eligible State plan that is
			 covered under the contract to submit to the Commission all information
			 regarding the eligible State plan relevant to the duties of the Commission, as
			 determined by the Secretary.
					(9)Additional
			 contract optionThe contract
			 shall provide that the purchaser of the contract may, during the term of such
			 original contract, purchase additional contracts from among those offered by
			 the Secretary at the beginning of the term, subject to the limitations under
			 subsection (f), at the prices at which such contracts were offered at the
			 beginning of the term, prorated based upon the remaining term as determined by
			 the Secretary. Such additional contracts shall provide coverage beginning on a
			 date 15 days after the date of purchase, but shall not provide coverage for
			 losses for an event that has already occurred. Eligible State plans may arrange
			 for prospective contracts for planning purposes and to enhance stability and
			 predictability in managing risk and accounting for costs associated with risk
			 transfer.
					(10)Other
			 termsThe contract shall
			 contain such other terms as the Secretary considers necessary to carry out this
			 Act and to ensure the long-term financial integrity of the program under this
			 section. The contract shall also specify how payouts shall be administered if
			 multiple events occur that affect more than one eligible State plan.
					(11)Private sector
			 right to participate
						(A)Establishment of
			 competitive procedureThe
			 Secretary shall establish, by regulation, a competitive procedure under this
			 paragraph that provides qualified entities an opportunity, on a basis
			 consistent with the contract cycle established under this section by the
			 Secretary, to offer to provide, in lieu of reinsurance coverage under this
			 section, reinsurance coverage that is substantially similar to coverage
			 otherwise made available under this section.
						(B)Competitive
			 procedureUnder the procedure
			 established under this paragraph—
							(i)the Secretary shall establish criteria for
			 private insurers, reinsurers, and capital market companies, and consortia of
			 such entities to be treated as qualified entities for purposes of this
			 paragraph, which criteria shall require such an entity to have at all times
			 capital sufficient to satisfy the terms of the reinsurance contracts and shall
			 include such other industry and credit rating standards as the Secretary
			 considers appropriate;
							(ii)not
			 less than 30 days before the beginning of each contract cycle during which any
			 reinsurance coverage under this section is to be made available, the Secretary
			 may request proposals and shall publish in the Federal Register the rates and
			 terms for contracts for coverage under this section that are to be made
			 available during such contract cycle;
							(iii)the Secretary
			 shall provide qualified entities a period of not less than 10 days (which shall
			 terminate not less than 20 days before the beginning of the contract cycle) to
			 submit to the Secretary a written expression of interest in providing
			 reinsurance coverage in lieu of the coverage otherwise to be made available
			 under this section;
							(iv)the
			 Secretary shall provide any qualified entity submitting an expression of
			 interest during the period referred to in clause (iii) a period of not less
			 than 20 days (which shall terminate before the beginning of the contract cycle)
			 to submit to the Secretary an offer to provide, in lieu of the reinsurance
			 coverage otherwise to be made available under this section, coverage that is
			 substantially similar to such coverage;
							(v)if
			 the Secretary determines that an offer submitted during the period referred to
			 in clause (iii) is a bona fide offer to provide reinsurance coverage during the
			 contract cycle at rates and terms that are substantially similar to the rates
			 and terms for reinsurance coverage otherwise to be provided under this section
			 by the Secretary, the Secretary shall accept the offer (if still outstanding)
			 and, notwithstanding any other provision of this Act, provide for such entity
			 to make reinsurance coverage available in accordance with the offer; and
							(vi)if
			 the Secretary accepts an offer pursuant to clause (v) to make reinsurance
			 coverage available, notwithstanding any other provision of this Act, the
			 Secretary shall reduce, to an equivalent extent, the amount of reinsurance
			 coverage available under this section during the contract cycle to which the
			 offer relates, unless and until the Secretary determines that the entity is not
			 complying with the terms of the accepted offer.
							(12)Participation
			 by multi-State plansThe Congress hereby explicitly encourages
			 States to create and maintain catastrophe funds for their States or with other
			 States, and nothing in this Act may be interpreted to prohibit or discourage
			 the creation of multi-State plans, or the participation by such plans in the
			 program established pursuant to subsection (a). The Secretary shall, by
			 regulation, provide for the application of the provisions of this Act to
			 multi-State catastrophe insurance and reinsurance plans. The Commission shall
			 develop a process to evaluate and encourage the creation of regional programs
			 and approaches to advance the purposes of this Act through the establishment of
			 multi-State plans.
					(f)Treatment of
			 insured losses and maximum Federal liability
					(1)Available levels
			 of retained lossesIn making reinsurance coverage available under
			 this section, the Secretary shall make available for purchase contracts for
			 such coverage that require the sustainment of retained losses from covered
			 events (as required under subsection (e)(3) for payment of eligible losses) in
			 various amounts, as the Secretary, in consultation with the Commission,
			 determines appropriate and subject to the requirements under paragraph
			 (2).
					(2)Standard
			 attachment point
						(A)EstablishmentThe
			 Secretary, in consultation with the Commission, shall establish a standard
			 attachment point at which coverage is provided to eligible State plans for all
			 contracts.
						(B)ConsiderationsIn
			 setting a standard attachment point, the Secretary and the Commission shall
			 take into consideration—
							(i)how many and which eligible State plans are
			 seeking contracts for reinsurance coverage under this section;
							(ii)the
			 capital and surplus positions of the eligible State plans;
							(iii)the coverage
			 preferences of eligible State plans;
							(iv)the
			 availability and price of reinsurance in the private market;
							(v)that
			 pooling reinsurance from different geographic locations and covering different
			 perils is more efficient than stand-alone programs;
							(vi)affordability of
			 homeowners insurance; and
							(vii)other factors
			 deemed appropriate to operating a long-term national reinsurance backstop
			 program.
							(C)UseThe standard attachment point established
			 pursuant to this paragraph shall be used in establishing reinsurance contracts
			 for each eligible State plan, unless the Secretary, in consultation with the
			 Commission, determines that market conditions or the financial position of an
			 eligible State plan warrants a lower attachment point in a contract for such
			 eligible State plan in a given year.
						(D)Lower attachment
			 pointsIf a reinsurance contract is contemplated for an eligible
			 State plan having an attachment point lower than the standard attachment point,
			 the cost of such contract shall include or otherwise take into account the
			 additional costs associated with such additional layer of protection.
						(3)Ceiling coverage
			 levelNotwithstanding any
			 other provision of law and subject to any limitations in future appropriations
			 Acts, the aggregate potential liability for payment of claims under all
			 contracts for reinsurance coverage sold under this title to any single eligible
			 State plan during a 12-month period shall not exceed the difference
			 between—
						(A)the amount equal
			 to the covered loss projected to be incurred once every 600 years from a single
			 event by the eligible State plan; and
						(B)the amount equal
			 to the cash available in the eligible State plan to pay covered losses.
						(g)Catastrophe
			 Preparedness Fund for pre-Funding preparedness and recovery
					(1)EstablishmentThere
			 is established within the Treasury of the United States a fund to be known as
			 the Catastrophe Preparedness Fund.
					(2)CreditsThe
			 Fund shall be credited with—
						(A)amounts received
			 from the sale of contracts for reinsurance coverage under this section;
						(B)any amounts
			 borrowed under paragraph (4);
						(C)any amounts earned
			 on investments of the Fund pursuant to paragraph (5); and
						(D)such other amounts
			 as may be credited to the Fund.
						(3)UsesAmounts
			 in the Fund shall be available to the Secretary only for the following
			 purposes:
						(A)Contract
			 paymentsFor payments to covered purchasers under contracts for
			 reinsurance coverage under this section for eligible losses under such
			 contracts.
						(B)Commission
			 costsFor the operating costs of the Commission.
						(C)Administrative
			 expensesFor the administrative expenses incurred by the
			 Secretary in carrying out the reinsurance program under this Act.
						(D)Cost of National
			 Readiness, Preparedness, and Mitigation CommitteeFor the
			 operating costs of the National Readiness, Preparedness, and Mitigation
			 Committee established under section 201 and for disbursements under section
			 201(f)(2) for disaster readiness, preparedness, prevention, and
			 mitigation.
						(E)TerminationUpon
			 termination under section 104, as provided in such section.
						(4)Liquidity
						(A)AuthorityTo
			 the extent that the amounts in the Fund are insufficient to pay claims and
			 expenses under paragraph (3), the Secretary may issue such obligations of the
			 Fund as may be necessary to cover the insufficiency and shall purchase any such
			 obligations issued.
						(B)Public debt
			 transactionFor the purpose of purchasing any such obligations,
			 the Secretary may use as a public debt transaction the proceeds from the sale
			 of any securities issued under chapter 31 of title 31, United States Code, and
			 the purposes for which securities are issued under such chapter are hereby
			 extended to include any purchase by the Secretary of such obligations under
			 this paragraph.
						(C)Characteristics
			 of obligationsObligations issued under this paragraph shall be
			 in such forms and denominations, bear such maturities, bear interest at such
			 rate and be subject to such other terms and conditions as the Secretary shall
			 determine.
						(D)TreatmentAll
			 redemptions, purchases, and sales by the Secretary of obligations under this
			 paragraph shall be treated as public debt transactions of the United
			 States.
						(E)RepaymentAny
			 obligations issued under this paragraph shall be repaid, including interest,
			 from the Fund and shall be recouped from surcharges under subsection (e)(6)(B)
			 on premiums for reinsurance coverage provided under this section.
						(5)InvestmentThe
			 Secretary shall invest accumulated amounts in the Fund as the Secretary
			 considers advisable in obligations issued or guaranteed by the United
			 States.
					(6)Prohibition on
			 Federal appropriationsExcept for amounts made available pursuant
			 to paragraph (4)(A) of this subsection and section 101(h), no Federal funds
			 shall be authorized or appropriated for the Fund or for carrying out the
			 reinsurance liquidity protection program under this section.
					103.Post-catastrophe
			 market stabilization program for liquidity loans
				(a)PurposesThe
			 purposes of this section are to establish a program—
					(1)to expedite the
			 payment of claims under State catastrophe insurance programs and better assist
			 the financial recovery from significant natural catastrophes by authorizing the
			 Secretary to issue loans for such purposes; and
					(2)to promote the
			 availability of private capital to provide liquidity and capacity to State
			 catastrophe insurance programs and to augment the efforts of such
			 programs.
					(b)Liquidity
			 loansThe Secretary may make
			 liquidity loans under this section to State plans for the purposes of this
			 section, and shall have the powers and authorities necessary to make such
			 loans, subject to the requirements of this section.
				(c)Conditions for
			 loan eligibilityA loan under this section may be made to a State
			 plan only if—
					(1)the plan has a capital liquidity shortage,
			 in accordance with regulations that the Secretary shall establish, such that
			 the obligations of the plan resulting from a covered event exceed the amount of
			 cash available to the plan to pay covered losses;
					(2)the plan cannot
			 access capital in the private market at a cost lower and for similar duration
			 than that provided under a loan under this section, as determined by the
			 Secretary; and
					(3)(A)the plan is an eligible
			 State plan; or
						(B)the loan complies with the
			 requirements under subsection (e).
						The
			 Secretary may not require an eligible State plan to purchase reinsurance
			 coverage made available under the program under section 102 to be eligible for
			 a liquidity loan under this section.(d)States with
			 Eligible State plans
					(1)ContractsThe
			 Secretary may enter into contracts with eligible State plans to carry out the
			 purposes of this section by providing for liquidity loans for such plans, as
			 the Secretary may deem appropriate.
					(2)Eligible State
			 plan pre-certificationThe Secretary shall establish procedures
			 and standards for State plans to apply to the Secretary at any time for
			 pre-certification (and recertification) as eligible State plans, which
			 procedures and standards shall provide as follows:
						(A)The Secretary
			 shall administer the pre-certification (and recertification) of State plans as
			 eligible State plans.
						(B)State plans that
			 are pre-certified as eligible State plans may enter into contracts described in
			 paragraph (1).
						(3)Interest
			 rateSubject to subsection
			 (h), a liquidity loan made under this section to an eligible State plan shall
			 bear interest at an annual rate to be established by the Secretary, in
			 consultation with the Commission, which shall be equal to the rate of interest
			 on State and local government series securities have the same duration as the
			 liquidity loan outstanding as of the date the loan is made.
					(4)Mandatory
			 assistance for eligible State plansThe Secretary shall, upon the
			 request of an eligible State plan and subject to paragraphs (1) and (2) of
			 subsection (c), make a loan for such plan in the amount requested by such plan
			 (subject to the limitations under subsection (f)).
					(e)States without
			 eligible State plans
					(1)AuthoritySubject
			 to subsection (c), the Secretary may make a liquidity loan under this section
			 to a State plan that is not an eligible State plan, but only if the Secretary
			 determines that—
						(A)the loan is
			 necessary to avoid a capital shortfall; and
						(B)the provisions
			 providing for repayment of the loan are comparable in providing protection to
			 taxpayers as provisions providing for repayment of liquidity loans under this
			 section by eligible State plans.
						(2)Interest
			 rateSubject to subsection
			 (h), a liquidity loan made under this section to a State plan that is not an
			 eligible State plan shall bear interest at an annual rate that exceeds the rate
			 required under subsection (d)(3) for a loan made to an eligible State plan.
			 Such rate shall be determined in accordance with a schedule of interest rates,
			 which shall be established by the Secretary and shall provide lower rates for
			 loans to State plans that comply with more of the requirements for eligible
			 State plans under section 102(d) and higher rates for loans to State plans that
			 comply with fewer of such requirements.
					(f)AmountThe
			 principal amount of a liquidity loan under this subsection may not exceed the
			 difference between the applicable attachment point as determined by the
			 Secretary in section 102(f)(2) and the amount of funds the eligible State plan
			 had to pay losses at the time of the covered event for which the loan is
			 made.
				(g)UseAmounts from a liquidity loan under this
			 section may be used only to pay losses covered by the State plan to which the
			 loan is made.
				(h)Exception to
			 interest rate limitationIn the case of liquidity loan under this
			 section made pursuant to a large covered event that occurs early in the
			 existence of a State plan, the Secretary may charge an interest rate for the
			 loan that allows the State plan to repay the loan and interest without causing
			 significant increases in the cost of insurance for covered perils in the
			 covered State or States.
				(i)Premiums under
			 State plan
					(1)Determination of
			 actuarially sound premiumsIn
			 making a request for a liquidity loan under this section, a State plan shall
			 determine, and the Secretary, in consultation with the Commission, shall
			 approve, a premium amount for the coverage layer under the State plan for which
			 the liquidity loan is sought that is actuarially sound.
					(2)Chargeable
			 premiumsUnless otherwise
			 provided by the Secretary, a State plan shall charge, for the coverage layer
			 under the State plan for which the liquidity loan is made an annual premium,
			 for coverage during the period that begins upon the making of the liquidity
			 loan and ends upon full repayment of the loan, in an amount that is not less
			 than 150 percent of the actuarially sound premium determined pursuant to
			 paragraph (1).
					(j)Repayment of
			 loans
					(1)In
			 generalAny liquidity loan
			 made under this section to a State plan shall be repaid solely through premiums
			 charged by such plan in accordance with subsection (i)(2), unless alternative
			 arrangements have been made pursuant to paragraph (3). The Secretary, in
			 consultation with the Commission, shall determine the expected duration of each
			 loan and monitor repayment of such loans.
					(2)Amount of
			 paymentTo repay a liquidity
			 loan under this section, the State plan shall pay to the Fund, from all amounts
			 collected for the coverage layer referred to in subsection (i)(2) during the
			 period referred to in such subsection, an amount equal to a minimum of 100
			 percent of the actuarially sound premium determined under subsection (j)(1) for
			 such coverage layer, and shall retain the remainder of such amount collected to
			 build reserves for future events, or such other amount or percentage of such
			 amounts as the Secretary, in consultation with the Commission and State plans,
			 determines is appropriate.
					(3)Other
			 optionsA State plan may
			 petition the Secretary for other repayment terms, including repayment from
			 sources such as dedicated State sales taxes or other means, and the Secretary
			 may, in consultation with the Commission, agree to such other terms.
					(k)RegulationsThe
			 Secretary shall issue any regulations necessary to carry out the program under
			 this section.
				104.Termination
				(a)In
			 generalExcept as provided in subsection (b), the Secretary may
			 not—
					(1)provide any new
			 reinsurance coverage under section 102 that covers any period after the
			 expiration of the 20-year period beginning on the date of the enactment of this
			 Act; or
					(2)make any new liquidity loan under section
			 103 having a term to maturity that concludes after the expiration of such
			 20-year period.
					(b)ExtensionIf
			 upon the expiration of the period under subsection (a) the Secretary, in
			 consultation with the Commission, determines that continuation of the program
			 for reinsurance coverage under section 102 or for liquidity loans under section
			 103 is necessary or appropriate to carry out the purposes this Act because of
			 insufficient growth of capacity in the private homeowners insurance market, the
			 Secretary shall continue to make such coverage and loans available and
			 subsection (a) shall be applied by substituting 25-year period
			 for 20-year period each place such term appears.
				(c)RepealEffective
			 upon the first date that reinsurance coverage under section 102 is no longer
			 available or in force and that liquidity loans under section 103 are no longer
			 available or outstanding, pursuant to subsection (a) or (b), this Act (except
			 for this section) is repealed.
				(d)Deficit
			 reductionThe Secretary shall pay into the General Fund of the
			 Treasury any amounts remaining in the Fund upon the repeal of this Act under
			 subsection (c).
				IIDISASTER
			 READINESS, CITIZEN AND COMMUNITY PREPAREDNESS, AND MITIGATION
			201.National
			 Readiness, Preparedness, and Mitigation Committee
				(a)EstablishmentThere is established a National Readiness,
			 Preparedness and Mitigation Committee (in this section referred to as the
			 Committee).
				(b)MembersThe
			 Committee shall consist of 9 members appointed by the Secretary of Housing and
			 Urban Development or the Secretary’s designee, as follows:
					(1)Three individuals
			 from nationally recognized organizations representing State or local disaster
			 response providers or disaster management professionals.
					(2)Three individuals
			 representing nationally recognized non-profits active in disaster preparedness
			 and response.
					(3)Three individuals
			 representing nationally recognized organizations with expertise in contingency
			 planning, residential construction, building code development and
			 implementation, and land use policy.
					(c)Terms
					(1)In
			 generalExcept as provided in
			 paragraphs (2) and (3), each member of the Committee shall be appointed for a
			 term of 3 years.
					(2)Initial
			 membersOf the members initially appointed to the
			 Committee—
						(A)one member
			 appointed under each of paragraphs (1), (2), and (3) of subsection (b) shall be
			 appointed for a term of 1 year;
						(B)one member appointed under each of
			 paragraphs (1), (2), and (3) of subsection (b) shall be appointed for a term of
			 2 years; and
						(C)one member appointed under each of
			 paragraphs (1), (2), and (3) of subsection (b) shall be appointed for a term of
			 3 years.
						(3)VacanciesA
			 member appointed to fill an unexpired term shall serve the remainder of that
			 term.
					(4)TerminationIn
			 the event that the Committee terminates, all appointments shall
			 terminate.
					(d)Prohibition of
			 compensation; reimbursementMembers of the Committee shall
			 receive no compensation by reason of their service on the Committee, but shall
			 be reimbursed as provided by rules and by-laws established by the National
			 Commission on Natural Catastrophe Preparation and Protection established under
			 section 101.
				(e)DutiesThe
			 members of the Committee shall administer the program under subsection (f) and
			 conduct oversight of the program and activities under such program.
				(f)Readiness,
			 preparedness, and mitigation grant program
					(1)Allocation of
			 amountBeginning upon the
			 expiration of the 12-month period that begins on the date of the enactment of
			 this Act, the Secretary shall ensure that, to the extent provided in
			 appropriation Acts, approximately 35 percent of the annual net investment
			 income of the Fund under sec. 102(g), but not less than $15,000,000, and not
			 more than 20 percent of the premium charged for reinsurance coverage under
			 section 102 in any given year, shall be used for grants to States, units of
			 local government, nonprofit organizations, and other appropriate public and
			 private entities to develop, enhance, or maintain programs and initiatives to
			 improve and maintain disaster response, citizen preparedness and protection,
			 and prevention and mitigation of losses from natural catastrophes.
					(2)Program
			 elementsThe amounts made available under paragraph (1) shall be
			 allocated for each of the following purposes in equal amounts:
						(A)Disaster
			 response readinessFor disaster response readiness programs,
			 which shall include national initiatives that develop, enhance, or maintain the
			 capacity of a public safety agency or other organization to be better prepared,
			 equipped, and trained to respond to natural catastrophes.
						(B)Citizen and
			 community preparednessFor citizen and community preparedness,
			 which shall include programs and initiatives, such as those offered by the
			 American Red Cross, to improve education and training to ensure that citizens
			 and organizations in their community are better prepared for natural
			 catastrophes.
						(C)Prevention and
			 mitigationFor prevention and
			 mitigation of loss from natural catastrophes, which shall include methods to
			 reduce loss of life and property, including appropriate measures to—
							(i)encourage
			 awareness of the risk factors and what steps can be taken to eliminate or
			 reduce them;
							(ii)identify location
			 of risks, by giving careful consideration to the natural risks for the location
			 of the property before allowing construction and considerations if structures
			 are allowed; and
							(iii)provide for
			 construction relative to the risk and hazards, including—
								(I)establishment and adoption of State
			 mandated building codes appropriate for the risk;
								(II)adequate
			 enforcement of the risk-appropriate building codes, including inspections of
			 homes to identify areas to strengthen such homes and reduce exposure to natural
			 catastrophes;
								(III)use of building
			 materials that prevent or significantly lessen potential damage from the
			 natural catastrophes;
								(IV)use of building
			 methods that prevent or significantly lessen potential damage from the natural
			 catastrophes; and
								(V)focusing on
			 prevention and mitigation for any substantially damaged structure, with an
			 emphasis on how structures can be retrofitted to make them compliant with
			 building codes.
								(g)Continuous
			 improvement, coordination and integrationThe National Commission on Natural
			 Catastrophe Preparation and Protection established under section 101 shall work
			 with eligible State plans and the Committee to continuously improve,
			 coordinate, and integrate disaster readiness, citizen and community
			 preparedness, and loss prevention and mitigation at the local, State, regional,
			 and national levels.


116 HR 3028 IH: Investigate the Investigators Act of 2019
U.S. House of Representatives
2019-05-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 3028IN THE HOUSE OF REPRESENTATIVESMay 28, 2019Mr. Byrne introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo require the Inspector General for the Department of Justice to conduct oversight of
			 investigations of certain political officials, and for other purposes.

 1.Short titleThis Act may be cited as the Investigate the Investigators Act of 2019. 2.Oversight of criminal investigations of certain individuals (a)Attorney General notice of investigationIn the case that a covered party is a subject of an investigation conducted by the Department of Justice, the Attorney General shall provide to the Inspector General for the Department of Justice a notice of such investigation not later than 5 days after such investigation commences.
			(b)Inspector General oversight
 (1)In generalThe Inspector General for the Department of Justice shall immediately commence an oversight investigation of the investigation described in subsection (a) to ensure that—
 (A)the decision to investigate the conduct of the covered party was not influenced by political pressures or politically motivated objectives;
 (B)the conduct of the investigation is not influenced by the political beliefs or motives of any person engaged in the investigation or the superiors of such individuals;
 (C)evidence used in the investigation is obtained by lawful means and not tainted by political sources or motives; and
 (D)warrants sought in the investigation are supported by probable cause and in compliance with all applicable law.
 (2)DurationThe oversight investigation shall be ongoing and continue at least until the investigation described in subsection (a) has been closed.
 (3)Access to materialsNotwithstanding any other provision of law, the Attorney General shall make available to the Inspector General for the Department of Justice any materials that are relevant to the investigation described in subsection (a). The Inspector General, in consultation with the Attorney General, shall ensure appropriate procedures to safeguard any intelligence and counterintelligence materials or other materials the disclosure of which would constitute a threat to national security.
 (4)Rule of constructionFor the purpose of carrying out this subsection, section 8E(a)(1)(A) of the Inspector General Act of 1978 (5 U.S.C. App.) shall not apply.
				(c)Inspector general notice of investigation and report
				(1)Notice of investigation
 (A)In generalUpon opening of the investigation described in subsection (b), the Inspector General shall notify each of the following individuals that an oversight investigation subject to this Act has commenced and that a report will be issued at the conclusion of the Investigation pursuant to this Act:
 (i)The President of the United States. (ii)The Speaker of the House of Representatives.
 (iii)The Minority Leader of the House of Representatives. (iv)The Senate Majority Leader.
 (v)The Senate Minority Leader. (B)ExceptionNotwithstanding subparagraph (A), the Inspector General for the Department of Justice may decline to submit notice or any other information to an individual described in clauses (i), (ii), (iii), (iv), and (v) of such subparagraph if—
 (i)the individual is a subject of the investigation described in subsection (a); and (ii)the Inspector General determines that submitting a copy to the individual would compromise the investigation.
						(2)Report
 (A)In generalNot later than 90 days after the conclusion of the investigation described in subsection (b), the Inspector General for the Department of Justice shall submit to the Attorney General and each individual described in clauses (i), (ii), (iii), (iv), and (v) of paragraph (1)(A) a report on the Inspector General’s findings with respect to the oversight investigation contained in subsection (b).
 (B)Immediate report on flagrant or serious issuesDuring the course of the investigation, if the Attorney General fails within 30 days to remedy a serious or flagrant issue raised by the Inspector General, the Inspector General shall make an immediate report to the individuals described in clauses (i), (ii), (iii), (iv), and (v) of paragraph (1)(A) with respect to the serious or flagrant issue.
					(C)Confidentiality
 (i)An individual receiving a report under subparagraph (A) or (B) may not make available to the public or otherwise disclose the contents of the report to any individual other than the Attorney General or an individual described in clauses (i), (ii), (iii), (iv), and (v) of paragraph (1)(A), except in the case that the individual receiving the report certifies to the Attorney General that it is his or her belief that disclosure is necessary to uphold the Constitution or maintain the integrity of the political system of the United States.
 (ii)An individual who knowingly and willfully violates clause (i) shall be punished as if under section 798 of title 18, United States Code.
 (D)Release by the Attorney GeneralThe Attorney General may release the report after making a determination that public release of the report would be in the public interest, to the extent that release would comply with applicable legal restrictions. All other releases of information by any Department of Justice employee, including the Office of General Inspector staff, shall be governed by the applicable Departmental guidelines concerning public comment with respect to any criminal investigation, and relevant law.
 (d)Covered party definedIn this Act, the term covered party means— (1)the President;
 (2)the Vice President; (3)a Senator;
 (4)a Member of Congress; or (5)a candidate for an office described in paragraph (1), (2), (3), or (4) or the campaign of such candidate.
				3.Oversight of previous investigations of certain individuals
 (a)In generalNot later than 30 days after the date of enactment of this Act, in the case that a Presidential candidate or his or her campaign was the subject of an investigation during the period described in subsection (d), the Attorney General shall review the investigation to determine whether—
 (1)the decision to investigate the conduct of the covered party was influenced by political pressures or politically motivated objectives;
 (2)the conduct of the investigation was influenced by the political beliefs or motives of any person engaged in the investigation or the superiors of such individuals;
 (3)evidence used in the investigation was obtained by lawful means and not tainted by political sources or motives; and
 (4)warrants obtained or sought in the investigation were supported by probable cause and were in compliance with all applicable law.
 (b)ReportNot later than 180 days after the date of enactment of this Act, the Attorney General shall make available to the public a report on the result of the review under subsection (a) after any necessary redactions to comply with applicable legal restrictions.
 (c)Applicable periodThis section shall apply with respect to any investigation that commenced during the period beginning on June 16, 2015 and ending on March 22, 2019.


117 S2701 IS: Office for Access to Justice Establishment Act of 2021
U.S. Senate
2021-08-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 2701IN THE SENATE OF THE UNITED STATESAugust 10, 2021Mr. Murphy (for himself and Mr. Cornyn) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo provide for the establishment of the Office for Access to Justice in the Department of Justice, and for other purposes.1.Short titleThis Act may be cited as the Office for Access to Justice Establishment Act of 2021.2.DefinitionsIn this Act:(1)DepartmentThe term Department means the Department of Justice.(2)DirectorThe term Director means the Director of the Office. (3)OfficeThe term Office means the Office for Access to Justice established under section 3. 3.Office establishment(a)In generalThere is established within the Department the Office for Access to Justice, which shall be headed by a Director, who shall be appointed by the Attorney General.(b)Personnel and fundsThe Attorney General shall provide to the Office such personnel and funds as are necessary to establish and operate the Office as a component of the Department.4.DutiesThe Director shall—(1)serve as legal and policy advisor to the Attorney General to ensure access to justice for low-income and other underrepresented people in the criminal and civil justice systems;(2)serve as the principal legal advisor for the Department on the constitutional right to counsel and the other rights guaranteed under the Sixth Amendment to the Constitution of the United States;(3)serve as the Executive Director of the Legal Aid Interagency Roundtable in accordance with section 6;(4)serve as the liaison and point of contact between the Department and indigent defense and civil legal aid organizations, including Federal public defender organizations, and conduct, along with the Office of the Attorney General, the Office of the Deputy Attorney General, and the Office of the Associate Attorney General, semi-annual meetings with representatives of these organizations to receive input and recommendations on how to improve access to justice and fulfillment of the right to counsel;(5)coordinate with other components and divisions within the Department to ensure each is considering access to justice and right to counsel in policy, enforcement, and funding decisions;(6)consult with Department grantmaking components to ensure funding decisions take into account access to justice; and(7)consult with the Secretary of State and serve as the central authority of the executive branch on access to justice before international and multilateral organizations.5.Prohibition against participation in settlement negotiationsThe Office may not advise or participate in civil or criminal settlement negotiations involving or on behalf of the Department.6.Legal Aid Interagency Roundtable(a)Purpose; composition(1)In generalNot later than 180 days after the date of enactment of this Act, the Attorney General shall establish a Legal Aid Interagency Roundtable, which shall be headed by an Executive Director, to raise the awareness of executive branch agencies of the ways in which civil legal aid and indigent defense can help advance a wide range of Federal objectives, including employment, family stability, housing, consumer protection, health services, and public safety. (2)CompositionThe Legal Aid Interagency Roundtable as established under paragraph (1) shall be composed of representatives of executive branch department offices identified by the Executive Director of the Legal Aid Roundtable with the consent of the Attorney General. (3)RequirementThe Executive Director of the Legal Aid Interagency Roundtable shall convene the Legal Aid Interagency Roundtable not less frequently than semi-annually.(b)DutiesThe Legal Aid Interagency Roundtable shall—(1)improve coordination among Federal programs that help the vulnerable and underserved so that such programs are more efficient and produce better outcomes by including, where appropriate, legal services among the range of supportive services provided;(2)develop a list of federally funded programs and resources that incorporate or may incorporate civil legal aid and indigent defense;(3)develop policy recommendations that improve access to justice in Federal, State, local, and Tribal jurisdictions;(4)facilitate non-governmental partnerships to promote access to civil legal aid and indigent defense and further law enforcement and civil rights objectives;(5)advance evidence-based research, data collection, and analysis on civil legal aid and indigent defense, including the potential of technology innovations and non-traditional legal professionals to improve access to justice;(6)promote the provision of civil legal aid to servicemembers, servicemember families, and veterans; and(7)report on the activities of the Legal Aid Interagency Roundtable to the President on an annual basis, including policy recommendations to improve access to civil and criminal justice in the United States.(c)Appointment of representativesThe head of each executive branch department and each participating executive agency and office shall designate a senior Federal official who shall serve as their representative on the Legal Aid Interagency Roundtable.


115 HR 1332 IH: Early Childhood Nutrition Improvement Act
U.S. House of Representatives
2017-03-02
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 1332IN THE HOUSE OF REPRESENTATIVESMarch 2, 2017Ms. Bonamici (for herself and Ms. Stefanik) introduced the following bill; which was referred to the Committee on Education and the WorkforceA BILLTo amend the Richard B. Russell National School Lunch Act to improve the child and adult care food program, and for other purposes.
1.Short titleThis Act may be cited as the Early Childhood Nutrition Improvement Act. 2.Eligibility certification criteria for proprietary child care centers Section 17(a)(6) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(a)(6)) is amended—
(1)in subparagraph (E), by striking and at the end; (2)in subparagraph (F), by striking the period at the end and inserting ; and; and
(3)by adding at the end the following:  (G)in the case of an institution described in paragraph (2)(B), the eligibility determination shall be in effect for 6 months after the date such institution is approved by the State under section 17(d)..
3.Review of serious deficiency processSection 17(d)(5) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(d)(5)) is amended by adding at the end the following:  (F)Serious deficiency process (i)In generalNot later than 1 year after the date of enactment of this subparagraph, the Secretary shall review and issue guidance and, as appropriate, regulations regarding the serious deficiency process for the program under this section.
(ii)ReviewIn carrying out clause (i), the Secretary shall review, at a minimum, the processes for, and those involved in— (I)determining when there is a serious deficiency, including—
(aa)what measures automatically result in a finding of serious deficiency; and (bb)how differentiation is being made between—
(AA)a reasonable margin of human error and systematic or intentional noncompliance; and (BB)State-specific requirements and Federal regulations;
(II)appealing and mediating a finding of serious deficiency, including— (aa)findings related to State-specific requirements; and
(bb)processes for ensuring officials involved in appeals and mediation are fair and impartial; (III)determining the circumstances under which a corrective action plan is acceptable; and
(IV)termination and disqualification, including maintenance of the list under subparagraph (E). (iii)Guidance and regulations (I)In generalAfter conducting the review under clause (ii), the Secretary shall make findings from the information collected and issue guidance and, as appropriate, regulations from such findings that will assist sponsoring organizations, State agencies, and the Food and Nutrition Service in ensuring a fair, uniform, and effective administration of the serious deficiency process, while retaining program integrity.
(II)ScopeSuch guidance or, as appropriate, regulations shall include— (aa)clarity on the different measures for noncompliance;
(bb)appeals process for a finding of serious deficiency or a determination that a corrective action plan is inadequate; and (cc)adequate timeframes under a corrective action plan for compliance that are consistent for all types of institutions, including family or group day care homes..
4.Authorization of reimbursements for additional meal or snackSection 17(f)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(2)) is amended— (1)by striking (2)(A) Subject to subparagraph (B) of this paragraph and inserting the following:

(2)Disbursements
(A)In GeneralSubject to subparagraph (B); and (2)by amending subparagraph (B) to read as follows:

(B)LimitationNo reimbursement may be made to any institution under this paragraph, or to family or group day care home sponsoring organizations under paragraph (3), for more than— (i)2 meals and 1 supplement or 1 meal and 2 supplements per day per child; or
(ii)3 meals and 1 supplement or 2 meals and 2 supplements per day per child, for each child that is maintained in a child care setting for more than 8 hours per day.. 5.AdjustmentsSection 17(f)(3)(A) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(A)) is amended by striking Consumer Price Index for food at home each place it appears and inserting Consumer Price Index for food away from home.
6.Advisory committee on paperwork reductionSection 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) is amended by adding at the end the following:  (v)Advisory committee on paperwork reduction (1)EstablishmentNot later than 180 days after the date of the enactment of this subsection, the Secretary shall establish an advisory committee (hereafter in this subsection referred to as the Advisory Committee) to carry out the duties described in paragraph (2).
(2)DutiesThe duties of the Advisory Committee shall be to— (A)examine the feasibility of reducing unnecessary or duplicative paperwork resulting from regulations and recordkeeping requirements, including paperwork resulting from additional State requirements, for those participating or seeking to participate in the program under this section including State agencies, family child care homes, child care centers, and sponsoring organizations; and
(B)provide recommendations to reduce such paperwork for participants in the program under this section while ensuring that proper accountability and program integrity are maintained. (3)MembershipThe Advisory Committee shall be composed of 1 member representing each of the following entities and such other members as the Secretary determines to be appropriate:
(A)A public nonprofit center. (B)A private nonprofit center.
(C)A family or group day care home. (D)A Head Start center.
(E)A for-profit center. (F)An emergency shelter.
(G)An adult day care center. (H)A State agency.
(I)Sponsoring organizations for centers and family or group day care homes. (J)An anti-hunger advocacy organization.
(K)An at-risk, after school program. (L)A child care advocacy organization.
(4)ConsiderationsIn developing the recommendations described in paragraph (2), the Advisory Committee shall consider— (A)information, recommendations, and reports from the Paperwork Reduction Work Group established by the Food and Nutrition Service pursuant to section 119(i) of the Child Nutrition and WIC Reauthorization Act of 2004 (Public Law 108–265; 118 Stat. 755); and
(B)the use of electronic systems and recordkeeping technologies to reduce paperwork for program participants. (5)Guidance and regulationsNot later than 2 years after the date of the enactment of this subsection, the Secretary shall issue guidance and, as appropriate, regulations based on the recommendations described in paragraph (2) for streamlined and consolidated paperwork and recordkeeping requirements for the program, including recommendations for reducing paperwork for applications and monitoring and auditing requirements.
(6)Report
(A)In generalNot later than 180 days after issuing the guidance and regulations described in paragraph (5), the Secretary shall submit a report to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and the Workforce of the House of Representatives containing the information described in subparagraph (B). (B)ContentsThe report under subparagraph (A) shall contain the following:
(i)In each case in which the Secretary did not implement a recommendation of the Advisory Committee, an explanation of why such recommendation was not implemented. (ii)Recommendations for legislative action that may further strengthen and streamline the program application and monitoring process and reduce administrative burdens on grantees, program participants, and local, State, and Federal governments..