116 S3899 IS: Veterans Economic Recovery Act of 2020
U.S. Senate
2020-06-04
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.

II116th CONGRESS2d SessionS. 3899IN THE SENATE OF THE UNITED STATESJune 4, 2020Mr. Moran (for himself, Mr. Tester, Mr. Blumenthal, Mr. Cramer, and Ms. Hirono) introduced the following bill; which was read twice and referred to the Committee on Veterans' AffairsA BILLTo direct the Secretary of Veterans Affairs to carry out a retraining assistance program for unemployed veterans, and for other purposes.1.Short titleThis Act may be cited as the Veterans Economic Recovery Act of 2020.2.COVID–19 veteran rapid retraining assistance program(a)In generalThe Secretary of Veterans Affairs shall carry out a program under which the Secretary shall provide up to 12 months of retraining assistance to eligible veterans for the pursuit of covered programs of education. (b)Eligible veterans(1)In generalFor purposes of this section, an eligible veteran is a veteran who—(A)as of the date of the submittal by the veteran of an application for assistance under this section— (i)is at least 25 years of age but not more than 60 years of age;(ii)is unemployed by reason of a covered public health emergency, as certified by the veteran; and(iii)is not eligible to receive educational assistance under chapter 30, 31, 32, 33, or 35 of title 38, United States Code, or chapter 1606 or 1607 of title 10, United States Code;(B)is not enrolled in any Federal or State jobs program;(C)is not in receipt of compensation for a service-connected disability rated totally disabling by reason of unemployability; and(D)will not be in receipt of unemployment compensation (as defined in section 85(b) of the Internal Revenue Code of 1986), including any cash benefit received pursuant to subtitle A of title II of division A of the CARES Act (Public Law 116–136), as of the first day on which the veteran would pursue a covered program of education using retraining assistance under this section.(2)Treatment of veterans who transfer entitlementFor purposes of paragraph (1)(A)(iii), a veteran who has transferred all of the veteran’s entitlement to educational assistance under section 3319 of title 38, United States Code, shall be considered to be a veteran who is not eligible to receive educational assistance under chapter 33 of such title.(3)Failure to completeAny veteran who receives retraining assistance under this section to pursue a covered program of education and who fails to complete the program of education shall not be eligible to receive additional assistance under this section.(c)Covered programs of education(1)In generalFor purposes of this section, a covered program of education is a program of education (as such term is defined in section 3452(b) of title 38, United States Code) for training, pursued by the veteran on a full-time or part-time basis—(A)(i)that is approved under chapter 36 of title 38, United States Code; (ii)with respect to which a show cause order has not been issued by a State approving agency under such chapter during the five-year period preceding the date on which an eligible veteran begins to pursue such program; (iii)that does not lead to a bachelors or graduate degree; and(iv)that is designed to provide training for a high-demand occupation, as determined under paragraph (2); or(B)is a high technology program of education offered by a qualified provider, under the meaning of such terms in section 116 of the Harry W. Colmery Veterans Educational Assistance Act of 2017 (Public Law 115–48; 38 U.S.C. 3001 note).(2)Determination of high-demand occupations(A)Initial implementationIn carrying out this section, to determine whether a covered program of education is designed to provide training for high-demand occupations, the Secretary of Veterans Affairs shall use the list of high-demand occupations compiled by the Commissioner of Labor Statistics until the final list is issued under subparagraph (C). (B)Study required(i)In generalThe Secretary shall enter into an agreement with a federally funded research and development corporation or another appropriate entity outside of the Department of Veterans Affairs for the conduct of a study to determine which occupations are high-demand occupations. (ii)DeadlineThe study described in clause (i) shall be completed not later than 30 days after the date of the enactment of this Act.(C)Final listThe Secretary—(i)may add or remove one or more occupations from the list in use pursuant to subparagraph (A) during the 60-day period following the completion of the study required by subparagraph (B);(ii)shall issue a final list of high-demand occupations for use under this section by not later than 60 days after the date of the completion of the study; and(iii)shall make such final list publicly available on a website of the Department.(D)Use of listThe Secretary shall use the final list issued under subparagraph (C) to determine whether a program of education is designed to provide training for high-demand occupations. (E)Removal of occupationsThe Secretary may remove occupations from the final list issued under subparagraph (C) as the Secretary determines appropriate.(d)Amount of assistance(1)Retraining assistanceThe Secretary of Veterans Affairs shall provide to an eligible veteran pursuing a covered program of education under the retraining assistance program under this section an amount equal to the amount of educational assistance payable under section 3313(c)(1)(A) of title 38, United States Code. (2)PaymentsAmounts described in paragraph (1) shall be payable directly to the educational institution offering the covered program of education pursued by the veteran as follows:(A)50 percent of the total amount payable shall be paid on the date on which the eligible veteran begins the covered program of education.(B)25 percent of the total amount payable shall be paid on the date on which the eligible veteran completes the covered program of education.(C)25 percent of the total amount payable shall be paid on the date on which the eligible veteran finds employment in a field related to the covered program of education.(3)Failure to completeIn the case of an eligible veteran who pursues a covered program of education under the retraining assistance program under this section, but who does not complete the program of education, the Secretary shall pay to the educational institution offering such program of education a pro-rated amount based on the number of months the veteran pursued the program of education—(A)under paragraph (2)(B), which shall be payable on the date on which the veteran provides notice to the educational institution that the veteran no longer intends to pursue the program of education; and(B)under paragraph (2)(C), which shall by payable only if the veteran finds employment in a field related to the program of education during the 180-day period beginning on the date on which the veteran withdraws from the program of education.(4)Housing stipendFor each month that an eligible veteran pursues a covered program of education under the retraining assistance program under this section, the Secretary shall pay to the veteran a monthly housing stipend in an amount equal to—(A)in the case of a covered program of education at an institution of higher learning (as that term is defined in section 3452(f) of title 38, United States Code) pursued on more than a half-time basis, the amount specified under subsection (c)(1)(B) of section 3313 of title 38, United States Code;(B)in the case of a covered program of education at an institution other than an institution of higher learning pursued on more than a half-time basis, the amount specified under subsection (g)(3)(A)(ii) of such section; (C)in the case of a covered program of education pursued on less than a half-time basis, the amount specified under subsection (f)(2)(A)(ii) of such section; or(D)in the case of a covered program of education pursued solely through distance learning on more than a half-time basis, the amount specified under subsection (c)(1)(B)(iii) of such section.(5)Failure to find employmentThe Secretary shall not make a payment under paragraph (2)(C) with respect to an eligible veteran who completes or fails to completes a covered program of education under the retraining assistance program under this section if the veteran fails to find employment in a field related to the program of education within the 180-period beginning on the date on which the veteran withdraws from or completes the program.(e)Use of assistanceEach eligible veteran who receives retraining assistance under this section may use such assistance only to pursue a covered program of education. (f)Relation to other educational assistance and benefitsRetraining assistance provided under this section shall be in addition to any other entitlement to educational assistance or benefits for which an eligible veteran is, or has been, eligible(g)No transferabilityRetraining assistance provided under this section may not be transferred to another individual.(h)Employment assistance(1)In generalThe Secretary of Labor shall contact each eligible veteran who pursues a covered program of education under this section—(A)not later than 30 days after the date on which the veteran begins the program of education to notify the veteran of the availability of employment placement services upon completion of the program; and(B)not later than 14 days after the date on which the veteran completes, or terminates participation in, such program to facilitate the provision of employment placement services to such veteran.(2)Provision of informationThe Secretary of Veterans Affairs shall provide to the Secretary of Labor such information as may be necessary to carry out paragraph (1).(i)Nonprofit organization(1)In generalThe Secretary of Veterans Affairs may enter into a memorandum of understanding with one or more qualified nonprofit organizations for the purpose of facilitating the employment of eligible veterans who participate in the retraining assistance program under this section.(2)Qualified nonprofit organizationFor purposes of this subsection, a qualified nonprofit organization is a nonprofit organization that—(A)is an association of businesses; and(B)has at least two years of experience providing job placement services for veterans.(j)Follow up outreachThe Secretary of Veterans Affairs, in coordination with the Secretary of Labor, shall contact each veteran who completes a covered program of education under the retraining assistance program under this section 30 days, 60 days, 90 days, and 180 days after the veteran completes such program of education to ask the veteran about— (1)the experience of the veteran in the retraining assistance program; and (2)the veteran’s employment status.(k)Time frame for participationAn eligible veteran who participates in the retraining assistance program under this section shall—(1)begin a program of education by not later than 150 days after the date of the enactment of this Act; and(2)complete such program of education by not later than 17 months after the date of the enactment of this Act.(l)LimitationNot more than 35,000 eligible veterans may receive retraining assistance under this section.(m)TerminationNo retraining assistance may be paid under this section after the date that is 17 months after the date of the enactment of this Act.(n)GAO reportNot later than 180 days after the termination of the retraining assistance program under subsection (m), the Comptroller General of the United States shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the outcomes and effectiveness of the program.(o)DefinitionsIn this section:(1)Active military, naval, or air service; discharge or releaseThe terms active military, naval, or air service and discharge or release have the meanings given those terms in section 101 of title 38, United States Code. (2)Covered public health emergencyThe term covered public health emergency means—(A)the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to Coronavirus Disease 2019 (COVID–19); or(B)a domestic emergency declared, based on an outbreak of Coronavirus Disease 2019 (COVID–19), by the President, the Secretary of Homeland Security, or a State or local authority.(3)VeteranThe term veteran means—(A)a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable; or(B)a member of a reserve component of the Armed Forces who serves on active duty pursuant to section 502(f) of title 32, United States Code, for a period of 30 days or longer by reason of a covered public health emergency.(p)Funding(1)In generalFor each fiscal year for which the Secretary of Veterans Affairs provides retraining assistance under this section, such sums as may be necessary shall be made available for such assistance from— (A)funds appropriated to, or otherwise made available to, the Department of Veterans Affairs for the payment of readjustment benefits; and (B)funds appropriated to the Department under the CARES Act (Public Law 116–136). (2)Administrative costsThe Secretary may use up to $10,000,000 for administrative costs associated with carrying out this section from funds appropriated to, or otherwise made available to, the Department, including funds appropriated to the Department under the CARES Act (Public Law 116–136).3.Access for the Secretaries of Labor and Veterans Affairs to the Federal directory of new hiresSection 453A(h) of the Social Security Act (42 U.S.C. 653a(h)) is amended by adding at the end the following new paragraph:(4)Veteran employmentThe Secretaries of Labor and of Veterans Affairs shall have access to information reported by employers pursuant to subsection (b) of this section for purposes of tracking employment of veterans..4.Expansion of eligible class of providers of high technology programs of education for veteransSection 116 of the Harry W. Colmery Veterans Educational Assistance Act of 2017 (Public Law 115–48; 38 U.S.C. 3001 note) is amended—(1)in subsection (b), by adding at the end the following: The Secretary shall treat an individual as an eligible veteran if the Secretary determines that the individual shall become an eligible veteran fewer than 180 days after the date of such determination.;(2)in subsection (c)—(A)in paragraph (3)(A), by striking has been operational for at least 2 years and inserting employs instructors whom the Secretary determines are experts in their respective fields in accordance with paragraph (6); and(B)by adding at the end the following new paragraph:(6)ExpertsThe Secretary shall determine whether instructors are experts under paragraph (3)(A) based on evidence furnished to the Secretary by the provider regarding the ability of the instructors to—(A)identify professions in need of new employees to hire, tailor the programs to meet market needs, and identify the employers likely to hire graduates;(B)effectively teach the skills offered to eligible veterans;(C)provide relevant industry experience in the fields of programs offered to incoming eligible veterans; and(D)demonstrate relevant industry experience in such fields of programs.;(3)in subsection (d), in the matter preceding paragraph (1), by inserting (not including an individual described in the second sentence of subsection (b)) after each eligible veteran;(4)in subsection (e), in the matter preceding paragraph (1), by inserting , including a part-time program shorter than six months in duration, after means a program of education;(5)in subsection (g), by striking $15,000,000 and inserting $45,000,000; and(6)by adding at the end the following new subsection (i):(i)Prohibition on certain accounting of assistanceThe Secretary may not consider enrollment in a high technology program of education under this section to be assistance under a provision of law referred to in section 3695 of title 38, United States Code..5.Pilot program for off-base transition training for veterans and spouses(a)Extension of pilot programSubsection (a) of section 301 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 10 U.S.C. 1144 note) is amended—(1)by striking During the two-year period beginning on the date of the enactment of this Act and inserting During the five-year period beginning on the date of the enactment of the Veterans Economic Recovery Act of 2020; and(2)by striking to assess the feasibility and advisability of providing such program to eligible individuals at locations other than military installations.(b)LocationsSubsection (c) of such section is amended—(1)in paragraph (1)—(A)in the paragraph heading, by striking States and inserting locations; and (B)by striking not less than three and not more than five States and inserting not fewer than 50 locations in States (as defined in section 101 of title 38, United States Code);(2)in paragraph (2), by striking at least two and inserting at least 20; and(3)by adding at the end the following new paragraphs:(5)PreferencesIn selecting States for participation in the pilot program, the Secretary shall provide a preference for any State with— (A)a high rate of usage of unemployment benefits for recently separated members of the Armed Forces; or(B)a labor force or economy that has been significantly impacted by a covered public health emergency.(6)Covered public health emergency definedIn this subsection, the term covered public health emergency means—(A)the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to Coronavirus Disease 2019 (COVID–19); or(B)a domestic emergency declared, based on an outbreak of Coronavirus Disease 2019 (COVID–19), by the President, the Secretary of Homeland Security, or a State or local authority..(c)Annual reportSubsection (e) of such section is amended by adding at the end the following new sentence: Each such report shall include information about the employment outcomes of the eligible individuals who received such training during the year covered by the report.. (d)Conforming repealSubsection (f) of such section is repealed.6.Grants for provision of transition assistance to members of the Armed Forces after separation, retirement, or discharge(a)In generalThe Secretary of Veterans Affairs shall make grants to eligible organizations for the provision of transition assistance to members of the Armed Forces who are separated, retired, or discharged from the Armed Forces, and spouses of such members.(b)Use of fundsThe recipient of a grant under this section shall use the grant to provide to members of the Armed Forces and spouses described in subsection (a) resume assistance, interview training, job recruitment training, and related services leading directly to successful transition, as determined by the Secretary.(c)Eligible organizationsTo be eligible for a grant under this section, an organization shall submit to the Secretary an application containing such information and assurances as the Secretary, in consultation with the Secretary of Labor, may require.(d)PriorityIn making grants under this section, the Secretary shall give priority to an organization that—(1)provides multiple forms of services described in subsection (b); or(2)is located in a State with—(A)a high rate of unemployment among veterans;(B)a high rate of usage of unemployment benefits for recently separated members of the Armed Forces; or(C)a labor force or economy that has been significantly impacted by a covered public health emergency (as such term is defined in section 2(o)(2)).(e)Amount of grantA grant under this section shall be in an amount that does not exceed 50 percent of the amount required by the organization to provide the services described in subsection (b).(f)DeadlineThe Secretary shall carry out this section not later than six months after the date of the enactment of this Act.(g)TerminationThe authority to provide a grant under this section shall terminate on the date that is five years after the date on which the Secretary implements the grant program under this section.(h)Funding(1)In generalFor each fiscal year for which the Secretary makes grants for transition assistance under this section, such sums as may be necessary shall be made available for such assistance from funds appropriated to, or otherwise made available to, the Department of Veterans Affairs, including funds appropriated under the CARES Act (Public Law 116–136).(2)Administrative costsThe Secretary may use up to $10,000,000 for administrative costs associated with carrying out this section from funds appropriated to, or otherwise made available to, the Department, including funds appropriated to the Department under the CARES Act (Public Law 116–136).


IB

Union Calendar No. 315

111th CONGRESS 2d Session

H. R. 1264

[Report No. 111–551]

IN THE HOUSE OF REPRESENTATIVES

March 3, 2009

Mr. Taylor (for himself, Ms. Waters, Mr. Melancon, Mr. Scalise, Mr. Childers, Mr. Hastings of Florida, Ms. Ros-Lehtinen, Ms. Jackson-Lee of Texas, Mr. Barrow, Mrs. Maloney, Mrs. Christensen, Mr. Berry, Mr. Cleaver, Mr. Cohen, and Ms. Kilpatrick of Michigan) introduced the following bill; which was referred to the Committee on Financial Services

July 19, 2010

Additional sponsors: Mr. Miller of Florida, Mr. Al Green of Texas, Mr. Bishop of New York, Mr. Davis of Alabama, Mr. Bonner, Mr. Harper, Mr. Grayson, and Mr. Jones

July 19, 2010

Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

A BILL

To amend the National Flood Insurance Act of 1968 to provide for the national flood insurance program to make available multiperil coverage for damage resulting from windstorms or floods, and for other purposes.

1.Short titleThis Act may be cited as the Multiple Peril Insurance Act of 2009.

2.Coverage for windstormsSection 1304 of the National Flood Insurance Act of 1968 (42 U.S.C. 4011) is amended—

(1)by redesignating subsection (c) as subsection (d); and

(2)by inserting after subsection (b) the following new subsection:

(c)Multiperil coverage for damage from flood or windstorm and separate coverage for windstorm

(1)In generalThe national flood insurance program established pursuant to subsection (a) shall enable the purchase of the following coverages:

(A)Multiperil coverageOptional insurance against loss resulting from physical damage to or loss of real property or personal property related thereto located in the United States arising from any flood or windstorm, subject to the limitations in this subsection and section 1306(b); and

(B)Separate windstorm coverageOptional insurance against loss resulting from physical damage to or loss of real property or personal property related thereto located in the United States arising from any windstorm, subject to the limitations in this subsection and section 1306(b).

(2)Community participation requirementMultiperil coverage pursuant to paragraph (1)(A) and windstorm coverage pursuant to paragraph (1)(B) may not be provided in any area (or subdivision thereof) unless an appropriate public body shall have adopted adequate mitigation measures (with effective enforcement provisions) which the Director finds are consistent with the criteria for construction described in the International Code Council building codes relating to wind mitigation.

(3)Relationship to flood insurance coverage

(A)Prohibition against duplicative coverageMultiperil coverage pursuant to paragraph (1)(A) may not be provided with respect to any structure (or the personal property related thereto) for any period during which such structure is covered, at any time, by flood insurance coverage made available under this title.

(B)Requirement to maintain flood insurance coverageWindstorm coverage pursuant to paragraph (1)(B) may be provided only with respect to a structure (and the personal property related thereto) that is covered by flood insurance coverage made available under this title and only during the period that such structure (and personal property) are so covered.

(4)Nature of coverage

(A)Multiperil coverageMultiperil coverage pursuant to paragraph (1)(A) shall—

(i)cover losses only from physical damage resulting from flooding or windstorm; and

(ii)provide for approval and payment of claims under such coverage upon proof that such loss must have resulted from either windstorm or flooding, but shall not require for approval and payment of a claim that the specific cause of the loss, whether windstorm or flooding, be distinguished or identified.

(B)Separate windstorm coverageWindstorm coverage pursuant to paragraph (1)(B) shall—

(i)cover losses only from physical damage resulting from windstorm; and

(ii)provide for approval and payment of claims under such coverage or under the flood insurance coverage required to be maintained under paragraph (3)(B) upon a determination that such loss from windstorm or flooding, respectively, but shall not require for approval and payment of a claim that the insured distinguish or identify the specific cause of the loss, whether windstorm or flooding.

(5)Actuarial ratesMultiperil coverage pursuant to paragraph (1)(A) and windstorm coverage pursuant to paragraph (1)(B) shall be made available for purchase for a property only at chargeable risk premium rates that, based on consideration of the risks involved and accepted actuarial principles, and including operating costs and allowance and administrative expenses, are required in order to make such coverage available on an actuarial basis for the type and class of properties covered.

(6)Terms of coverageThe Director shall, after consultation with persons and entities referred to in section 1306(a), provide by regulation for the general terms and conditions of insurability applicable to properties eligible for multiperil coverage pursuant to paragraph (1)(A) and such terms and conditions applicable to properties eligible for windstorm coverage pursuant to paragraph (1)(B), subject to the provisions of this subsection, including—

(A)the types, classes, and locations of any such properties which shall be eligible for such coverages, which shall include residential and nonresidential properties;

(B)subject to paragraph (7), the nature and limits of loss or damage in any areas (or subdivisions thereof) which may be covered by such coverages;

(C)the classification, limitation, and rejection of any risks which may be advisable;

(D)appropriate minimum premiums;

(E)appropriate loss deductibles; and

(F)any other terms and conditions relating to insurance coverage or exclusion that may be necessary to carry out this subsection.

(7)Limitations on amount of coverage

(A)Multiperil coverageThe regulations issued pursuant to paragraph (6) shall provide that the aggregate liability under multiperil coverage made available under this subsection shall not exceed the lesser of the replacement cost for covered losses or the following amounts, as applicable:

(i)Residential structuresIn the case of residential properties, which shall include structures containing multiple dwelling units that are made available for occupancy by rental (notwithstanding any treatment or classification of such properties for purposes of section 1306(b))—

(I)for any single-family dwelling, $500,000;

(II)for any structure containing more than one dwelling unit, $500,000 for each separate dwelling unit in the structure, which limit, in the case of such a structure containing multiple dwelling units that are made available for occupancy by rental, shall be applied so as to enable any insured or applicant for insurance to receive coverage for the structure up to a total amount that is equal to the product of the total number of such rental dwelling units in such property and the maximum coverage limit per dwelling unit specified in this clause; and

(III)$150,000 per dwelling unit for—

(aa)any contents related to such unit; and

(bb)any necessary increases in living expenses incurred by the insured when losses from flooding or windstorm make the residence unfit to live in.

(ii)Nonresidential propertiesIn the case of nonresidential properties (including church properties)—

(I)$1,000,000 for any single structure; and

(II)$750,000 for—

(aa)any contents related to such structure; and

(bb)in the case of any nonresidential property that is a business property, any losses resulting from any partial or total interruption of the insured’s business caused by damage to, or loss of, such property from flooding or windstorm, except that for purposes of such coverage, losses shall be determined based on the profits the covered business would have earned, based on previous financial records, had the flood or windstorm not occurred.

(B)Separate windstorm coverageThe regulations issued pursuant to paragraph (6) shall provide that windstorm coverage pursuant to paragraph (1)(B) for a property shall not exceed the amount such that the aggregate liability under flood insurance coverage required to be maintained under paragraph (3)(B) for the property and such windstorm coverage for the property does not exceed the applicable coverage limit for the property set forth in subparagraph (A) of this paragraph.

(8)Effective DateThis subsection shall take effect on, and shall apply beginning on, the expiration of the 6-month period that begins on the date of the enactment of the Multiple Peril Insurance Act of 2009. .

3.Prohibition against duplicative coverageThe National Flood Insurance Act of 1968 is amended by inserting after section 1313 (42 U.S.C. 4020) the following new section:

1314.Prohibition against duplicative coverageFlood insurance under this title may not be provided with respect to any structure (or the personal property related thereto) for any period during which such structure is covered, at any time, by multiperil insurance coverage made available pursuant to section 1304(c)(1)(A). .

4.Compliance with State and local lawSection 1316 of the National Flood Insurance Act of 1968 (42 U.S.C. 4023) is amended—

(1)by inserting (a) Flood protection measures.— before No new; and

(2)by adding at the end the following new subsection:

(b)Windstorm protection measuresNo new multiperil coverage shall be provided under section 1304(c) for any property that the Director finds has been declared by a duly constituted State or local zoning authority, or other authorized public body to be in violation of State or local laws, regulations, or ordinances, which are intended to reduce damage caused by windstorms. .

5.Criteria for land management and useSection 1361 of the National Flood Insurance Act of 1968 (42 U.S.C. 4102) is amended by adding at the end the following new subsection:

(d)Windstorms

(1)Studies and investigationsThe Director shall carry out studies and investigations under this section to determine appropriate measures in wind events as to wind hazard prevention, and may enter into contracts, agreements, and other appropriate arrangements to carry out such activities. Such studies and investigations shall include laws, regulations, and ordinance relating to the orderly development and use of areas subject to damage from windstorm risks, and zoning building codes, building permits, and subdivision and other building restrictions for such areas.

(2)Coordination with State and local governmentsThe Director shall work closely with and provide any necessary technical assistance to State, interstate, and local governmental agencies, to encourage the application of measures identified pursuant to paragraph (1) and the adoption and enforcement of such measures. .

6.DefinitionsSection 1370 of the National Flood Insurance Act of 1968 (42 U.S.C. 4121) is amended—

(1)in paragraph (14), by striking and at the end;

(2)in paragraph (15) by striking the period at the end and inserting ; and; and

(3)by adding at the end the following new paragraph:

(16)the term windstorm means any hurricane, tornado, cyclone, typhoon, or other wind event. .

July 19, 2010

Committed to the Committee of the Whole House on the State of the Union and ordered to be printed


		III
		112th CONGRESS
		1st Session
		S. RES. 23
		IN THE SENATE OF THE UNITED STATES

			January 25
			 (legislative day, January 5), 2011
			Mr. Inhofe (for himself
			 and Mr. McCain) submitted the following
			 resolution; which was referred to the Committee on Rules and
			 Administration

		RESOLUTION
		To prohibit unauthorized
		  earmarks.

		1.Prohibition on unauthorized
			 earmarks
			(a)In
			 generalIt shall not be in order to consider a bill, joint
			 resolution, conference report, or amendment that provides an earmark.
			(b)Supermajority
				(1)WaiverThe
			 provisions of subsection (a) may be waived or suspended in the Senate only by
			 the affirmative vote of three-fourths of the Members, duly chosen and
			 sworn.
				(2)AppealAppeals
			 in the Senate from the decisions of the Chair relating to any provision of this
			 section shall be limited to 1 hour, to be equally divided between, and
			 controlled by, the appellant and the manager of the measure. An affirmative
			 vote of three-fourths of the Members of the Senate, duly chosen and sworn,
			 shall be required to sustain an appeal of the ruling of the Chair on a point of
			 order raised under this section.
				(c)Earmark
			 definedIn this resolution, the term earmark means a
			 provision or report language included primarily at the request of a Senator or
			 Member of the House of Representatives providing or recommending a specific
			 amount of discretionary budget authority, credit authority, or other spending
			 authority for a contract, loan, loan guarantee, grant, loan authority, or other
			 expenditure with or to an entity, or targeted to a specific State, locality, or
			 congressional district unless the provision or language—
				(1)is specifically
			 authorized by an appropriate congressional authorizing committee of
			 jurisdiction;
				(2)meets funding
			 eligibility criteria established by an appropriate congressional authorizing
			 committee of jurisdiction by statute; or
				(3)is awarded
			 through a statutory or administrative formula-driven or competitive award
			 process.


		II
		111th CONGRESS
		1st Session
		S. 1354
		IN THE SENATE OF THE UNITED STATES

			June 25, 2009
			Mr. Menendez introduced
			 the following bill; which was read twice and referred to the
			 Committee on Homeland Security and
			 Governmental Affairs

		A BILL
		To elevate the Inspector General of certain
		  Federal entities to an Inspector General appointed pursuant to section 3 of the
		  Inspector General Act of 1978.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited
			 as the Improved Financial and
			 Commodity Markets Oversight and Accountability
			 Act.
			(b)Table of
			 contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Elevation of certain Inspectors General to appointment
				pursuant to section 3 of the Inspector General Act of 1978.
					Sec. 3. Continuation of provisions relating to
				personnel.
					Sec. 4. Subpoena authority of certain Inspectors
				General.
					Sec. 5. Corrective responses by heads of certain establishments
				to deficiencies identified by Inspectors General.
					Sec. 6. Effective date; transition rule.

			2.Elevation of
			 certain Inspectors General to appointment pursuant to section 3 of the
			 Inspector General Act of 1978
			(a)Inclusion in
			 certain definitionsSection 12 of the Inspector General Act of
			 1978 (5 U.S.C. App.) is amended—
				(1)in paragraph (1), by striking or the
			 Federal Cochairpersons of the Commissions established under section 15301 of
			 title 40, United States Code; and inserting the Federal
			 Cochairpersons of the Commissions established under section 15301 of title 40,
			 United States Code; the Chairman of the Board of Governors of the Federal
			 Reserve System; the Chairman of the Commodity Futures Trading Commission; the
			 Chairman of the National Credit Union Administration; the Director of the
			 Pension Benefit Guaranty Corporation; or the Chairman of the Securities and
			 Exchange Commission;; and
				(2)in paragraph (2), by striking or the
			 Commissions established under section 15301 of title 40, United States
			 Code, and inserting the Commissions established under section
			 15301 of title 40, United States Code, the Board of Governors of the Federal
			 Reserve System, the Commodity Futures Trading Commission, the National Credit
			 Union Administration, the Pension Benefit Guaranty Corporation, or the
			 Securities and Exchange Commission,.
				(b)Exclusion from
			 definition of designated Federal entitySection 8G(a)(2) of the
			 Inspector General Act of 1978 (5 U.S.C. App.) is amended—
				(1)by striking
			 the Board of Governors of the Federal Reserve System,;
				(2)by striking the Commodity Futures
			 Trading Commission,;
				(3)by striking the National Credit
			 Union Administration,; and
				(4)by striking the Pension Benefit
			 Guaranty Corporation, the Securities and Exchange Commission,.
				3.Continuation of
			 provisions relating to personnel
			(a)In
			 generalThe Inspector General
			 Act of 1978 (5 U.S.C. App.) is amended by inserting after section 8L the
			 following:

					8M.Special
				provisions concerning certain establishments
						(a)DefinitionFor purposes of this section, the term
				covered establishment means the Board of Governors of the Federal
				Reserve System, the Commodity Futures Trading Commission, the National Credit
				Union Administration, the Pension Benefit Guaranty Corporation, and the
				Securities and Exchange Commission.
						(b)Provisions
				relating to all covered establishments
							(1)Provisions
				relating to Inspectors GeneralIn the case of the Inspector
				General of a covered establishment, subsections (b) and (c) of section 4 of the
				Inspector General Reform Act of 2008 (Public Law 110–409) shall apply in the
				same manner as if such covered establishment were a designated Federal entity
				under section 8G. An Inspector General who is subject to the preceding sentence
				shall not be subject to section 3(e).
							(2)Provisions
				relating to other personnelNotwithstanding paragraphs (7) and
				(8) of section 6(a), the Inspector General of a covered establishment may
				select, appoint, and employ such officers and employees as may be necessary for
				carrying out the functions, powers, and duties of the Office of Inspector
				General of such establishment and to obtain the temporary or intermittent
				services of experts or consultants or an organization of experts or
				consultants, subject to the applicable laws and regulations that govern such
				selections, appointments, and employment, and the obtaining of such services,
				within such establishment.
							(c)Provision
				relating to the Board of Governors of the Federal Reserve
				SystemThe provisions of subsection (a) of section 8D (other than
				the provisions of subparagraphs (A), (B), (C), and (E) of paragraph (1) of such
				subsection (a)) shall apply to the Inspector General of the Board of Governors
				of the Federal Reserve System and the Chairman of the Board of Governors of the
				Federal Reserve System in the same manner as such provisions apply to the
				Inspector General of the Department of the Treasury and the Secretary of the
				Treasury,
				respectively.
						.
			(b)Conforming
			 amendmentParagraph (3) of section 8G(g) of the Inspector General
			 Act of 1978 (5 U.S.C. App.) is repealed.
			4.Subpoena
			 authority of certain Inspectors GeneralThe Inspector General of the Board of
			 Governors of the Federal Reserve System, the Commodity Futures Trading
			 Commission, the National Credit Union Administration, the Pension Benefit
			 Guaranty Corporation, or the Securities and Exchange Commission, in carrying
			 out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), is
			 authorized to require by subpoena, from any officer or employee of a contractor
			 or grantee of the establishment, any officer or employee of a subcontractor or
			 subgrantee of such a contractor or grantee, or any person or entity regulated
			 by the establishment, any records and testimony necessary in the performance of
			 functions assigned to the Inspector General under such Act. Any such subpoena,
			 in the case of contumacy or refusal to obey, shall be enforceable by order of
			 any appropriate United States district court.
		5.Corrective
			 responses by heads of certain establishments to deficiencies identified by
			 Inspectors GeneralThe
			 Chairman of the Board of Governors of the Federal Reserve System, the Chairman
			 of the Commodity Futures Trading Commission, the Chairman of the National
			 Credit Union Administration, the Director of the Pension Benefit Guaranty
			 Corporation, and the Chairman of the Securities and Exchange Commission shall
			 each—
			(1)take action to
			 address deficiencies identified by a report or investigation of the Inspector
			 General of the establishment concerned; or
			(2)certify to both
			 Houses of Congress that no action is necessary or appropriate in connection
			 with a deficiency described in paragraph (1).
			6.Effective date;
			 transition rule
			(a)Effective
			 dateThis Act and the
			 amendments made by this Act shall take effect 30 days after the date of the
			 enactment of this Act.
			(b)Transition
			 ruleAn individual serving as
			 Inspector General of the Board of Governors of the Federal Reserve System, the
			 Commodity Futures Trading Commission, the National Credit Union Administration,
			 the Pension Benefit Guaranty Corporation, or the Securities and Exchange
			 Commission on the effective date of this Act pursuant to an appointment made
			 under section 8G of the Inspector General Act of 1978 (5 U.S.C. App.)—
				(1)may continue so serving until the President
			 makes an appointment under section 3(a) of such Act with respect to the Board
			 of Governors of the Federal Reserve System, the Commodity Futures Trading
			 Commission, the National Credit Union Administration, the Pension Benefit
			 Guaranty Corporation, or the Securities and Exchange Commission, as the case
			 may be, consistent with the amendments made by section 2; and
				(2)shall, while serving under paragraph (1),
			 remain subject to the provisions of section 8G of such Act which, immediately
			 before the effective date of this Act, applied with respect to the Inspector
			 General of the Board of Governors of the Federal Reserve System, the Commodity
			 Futures Trading Commission, the National Credit Union Administration, the
			 Pension Benefit Guaranty Corporation, or the Securities and Exchange
			 Commission, as the case may be, and suffer no reduction in pay.