114 HR 1471 : FEMA Disaster Assistance Reform Act of 2015
U.S. House of Representatives
2016-03-01
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.

		IIB
		114th CONGRESS
		2d Session
		H. R. 1471
		IN THE SENATE OF THE UNITED STATES
		March 1, 2016Received; read twice and referred to the Committee on Homeland Security and Governmental AffairsAN ACT
		To reauthorize the programs and activities of the Federal Emergency Management Agency.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the FEMA Disaster Assistance Reform Act of 2015. (b)Table of contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					Title I—FEMA Reauthorization
					Sec. 101. Reauthorization of Federal Emergency Management Agency.
					Title II—Comprehensive Study of Disaster Costs and Losses
					Sec. 201. Comprehensive study of disaster costs and losses.
					Title III—Stafford Act and Other Programs
					Sec. 301. Reauthorization of urban search and rescue response system.
					Sec. 302. Statute of limitations.
					Sec. 303. Action plan to improve field transition.
					Sec. 304. Simplified procedures.
					Sec. 305. Management costs.
					Sec. 306. Debts owed to the United States related to disaster assistance.
					Sec. 307. Statute of limitations for debts owed to the United States related to disaster
			 assistance.
					Sec. 308. Technical assistance and recommendations.
					Sec. 309. Local impact.
					Sec. 310. Proof of insurance.
					Sec. 311. Authorities.
					Sec. 312. Responsibilities.
					Sec. 313. Earthquake and Tsunami Interagency Task Force.
					Sec. 314. Mitigation assistance.
					Sec. 315. Additional activities.

			IFEMA Reauthorization
 101.Reauthorization of Federal Emergency Management AgencySection 699 of the Post-Katrina Emergency Management Reform Act of 2006 (Public Law 109–295; 6 U.S.C. 811) is amended—
 (1)by striking administration and operations each place it appears and inserting management and administration; and (2)in paragraph (2), by striking ; and;
 (3)in paragraph (3), by striking the period and inserting ; and; and (4)by adding at the end the following:

 (4)for fiscal year 2016, $946,982,000; (5)for fiscal year 2017, $946,982,000; and
 (6)for fiscal year 2018, $946,982,000.. IIComprehensive Study of Disaster Costs and Losses 201.Comprehensive study of disaster costs and losses (a)EstablishmentNot later than 30 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall commence, through the National Advisory Council, a comprehensive study related to disaster costs and losses (referred to in the subsection as the “Study”).
 (b)Additional membershipFor the purposes of the Study, as soon as practicable after the date of enactment of this section, the Administrator shall appoint additional qualified members to the National Advisory Council from the following:
 (1)Individuals that have the requisite technical knowledge and expertise on issues related to disaster costs and losses.
 (2)Representatives of the insurance industry. (3)Experts in and representatives of the construction and building industry.
 (4)Individuals nominated by national organizations representing local governments and personnel. (5)Academic experts.
 (6)Vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for emergency management services.
 (7)Representatives of such other stakeholders and interested and affected parties as the Administrator considers appropriate.
 (c)Consultation with nonmembersThe National Advisory Council shall consult with other relevant agencies and groups that are not represented on the National Advisory Council to consider research, data, findings, recommendations, innovative technologies and developments, including—
 (1)entities engaged in federally funded research; and (2)academic institutions engaged in relevant work and research.
 (d)RecommendationsNot later than 120 days after the date of enactment of this Act, the National Advisory Council shall convene to evaluate the following topics and develop recommendations for reducing disaster costs and losses:
					(1)Disaster Losses
 (A)Cost trendsTrends in disaster costs including loss of life and injury, property damage to individuals, the private sector, and each level of government (State, local, and tribal) since the enactment of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), to the extent data is available.
 (B)Contributing factorsContributing factors such as shifting demographics and aging infrastructure and their impacts on the trends in disaster losses and costs.
						(2)Disaster Costs
 (A)Trends in declarationsTrends in disaster declarations, including factors contributing to the trends. (B)Disaster assistanceDisaster assistance available from all Federal sources, including descriptions of programs, eligibility and authorities, where assistance has been used geographically, how quickly the funds are used, how that assistance is coordinated among the various agencies and departments, and recommendations for ways to improve the effectiveness and efficiency of the delivery of such assistance.
 (C)CostsDisaster costs borne by the private sector and individuals. (3)Disaster Roles and ResponsibilityFundamental principles that should drive national disaster assistance decision making, including the appropriate roles for each level of government, the private sector, and individuals.
					(4)Reduction of Costs and Losses
 (A)Mechanisms and incentivesMechanisms and incentives, including tax incentives, to promote disaster cost reduction, mitigation, and recovery, including cost data, projections for the return on investment, and measures of effectiveness.
 (B)Identification of challengesIdentify fundamental legal, societal, geographic, and technological challenges to implementation. (5)Legislative proposalsLegislative proposals for implementing the recommendations in the report compiled pursuant to the requirement in section 1111 of the Sandy Recovery Improvement Act of 2013 (Public Law 113–2).
 (e)Report to administrator and CongressNot later than 1 year after the date of enactment of this section, the National Advisory Council shall submit a report containing the data, analysis, and recommendations developed under subsection (d) to—
 (1)the Administrator of the Federal Emergency Management Agency; (2)the Committee on Transportation and Infrastructure of the House of Representatives; and
 (3)the Committee on Homeland Security and Governmental Affairs of the Senate. The Administrator shall make the data collected pursuant to this section publically available on the Agency’s website.IIIStafford Act and Other Programs 301.Reauthorization of urban search and rescue response system (a)In generalTitle III of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) is amended by adding at the end the following:

						327.National urban search and rescue response system
 (a)DefinitionsIn this section, the following definitions apply: (1)AdministratorThe term Administrator means the Administrator of the Federal Emergency Management Agency.
 (2)AgencyThe term Agency means the Federal Emergency Management Agency. (3)HazardThe term hazard has the meaning given that term by section 602.
 (4)Nonemployee system memberThe term nonemployee System member means a System member not employed by a sponsoring agency or participating agency. (5)Participating agencyThe term participating agency means a State or local government, nonprofit organization, or private organization that has executed an agreement with a sponsoring agency to participate in the System.
 (6)Sponsoring agencyThe term sponsoring agency means a State or local government that is the sponsor of a task force designated by the Administrator to participate in the System.
 (7)SystemThe term System means the National Urban Search and Rescue Response System to be administered under this section. (8)System memberThe term System member means an individual who is not a full-time employee of the Federal Government and who serves on a task force or on a System management or other technical team.
 (9)Task forceThe term task force means an urban search and rescue team designated by the Administrator to participate in the System.
 (b)General authoritySubject to the requirements of this section, the Administrator shall continue to administer the emergency response system known as the National Urban Search and Rescue Response System.
 (c)FunctionsIn administering the System, the Administrator shall provide for a national network of standardized search and rescue resources to assist States and local governments in responding to hazards.
							(d)Task forces
 (1)DesignationThe Administrator shall designate task forces to participate in the System. The Administration shall determine the criteria for such participation.
 (2)Sponsoring agenciesEach task force shall have a sponsoring agency. The Administrator shall enter into an agreement with the sponsoring agency with respect to the participation of each task force in the System.
								(3)Composition
 (A)Participating agenciesA task force may include, at the discretion of the sponsoring agency, one or more participating agencies. The sponsoring agency shall enter into an agreement with each participating agency with respect to the participation of the participating agency on the task force.
 (B)Other individualsA task force may also include, at the discretion of the sponsoring agency, other individuals not otherwise associated with the sponsoring agency or a participating agency. The sponsoring agency of a task force may enter into a separate agreement with each such individual with respect to the participation of the individual on the task force.
 (e)Management and technical teamsThe Administrator shall maintain such management teams and other technical teams as the Administrator determines are necessary to administer the System.
							(f)Appointment of system members into Federal service
 (1)In generalThe Administrator may appoint a System member into Federal service for a period of service to provide for the participation of the System member in exercises, preincident staging, major disaster and emergency response activities, and training events sponsored or sanctioned by the Administrator.
 (2)Nonapplicability of certain civil service lawsThe Administrator may make appointments under paragraph (1) without regard to the provisions of title 5, United States Code, governing appointments in the competitive service.
 (3)Relationship to other authoritiesThe authority of the Administrator to make appointments under this subsection shall not affect any other authority of the Administrator under this Act.
 (4)LimitationA System member who is appointed into Federal service under paragraph (1) shall not be considered an employee of the United States for purposes other than those specifically set forth in this section.
								(g)Compensation
 (1)Pay of system membersSubject to such terms and conditions as the Administrator may impose by regulation, the Administrator shall make payments to the sponsoring agency of a task force—
 (A)to reimburse each employer of a System member on the task force for compensation paid by the employer to the System member for any period during which the System member is appointed into Federal service under subsection (f)(1); and
 (B)to make payments directly to a nonemployee System member on the task force for any period during which the non-employee System member is appointed into Federal service under subsection (f)(1).
									(2)Reimbursement for employees filling positions of system members
 (A)In generalSubject to such terms and conditions as the Administrator may impose by regulation, the Administrator shall make payments to the sponsoring agency of a task force to reimburse each employer of a System member on the task force for compensation paid by the employer to an employee filling a position normally filled by the System member for any period during which the System member is appointed into Federal service under subsection (f)(1).
 (B)LimitationCosts incurred by an employer shall be eligible for reimbursement under subparagraph (A) only to the extent that the costs are in excess of the costs that would have been incurred by the employer had the System member not been appointed into Federal service under subsection (f)(1).
 (3)Method of paymentA System member shall not be entitled to pay directly from the Agency for a period during which the System member is appointed into Federal service under subsection (f)(1).
								(h)Personal injury, illness, disability, or death
 (1)In generalA System member who is appointed into Federal service under subsection (f)(1) and who suffers personal injury, illness, disability, or death as a result of a personal injury sustained while acting in the scope of such appointment shall, for the purposes of subchapter I of chapter 81 of title 5, United States Code, be treated as though the member were an employee (as defined by section 8101 of that title) who had sustained the injury in the performance of duty.
								(2)Election of benefits
 (A)In generalIf a System member (or, in the case of the death of the System member, the System member’s dependent) is entitled—
 (i)under paragraph (1) to receive benefits under subchapter I of chapter 81 of title 5, United States Code, by reason of personal injury, illness, disability, or death, and
 (ii)to receive benefits from a State or local government by reason of the same personal injury, illness, disability, or death,
										the System member or dependent shall elect to receive either the benefits referred to in clause (i)
 or (ii).(B)DeadlineA System member or dependent shall make an election of benefits under subparagraph (A) not later than 1 year after the date of the personal injury, illness, disability, or death that is the reason for the benefits or until such later date as the Secretary of Labor may allow for reasonable cause shown.
 (C)Effect of electionAn election of benefits made under this paragraph is irrevocable unless otherwise provided by law. (3)Reimbursement for State or local benefitsSubject to such terms and conditions as the Administrator may impose by regulation, in the event that a System member or dependent elects benefits from a State or local government under paragraph (2)(A), the Administrator shall reimburse the State or local government for the value of those benefits.
 (4)Public safety officer claimsNothing in this subsection shall be construed to bar any claim by, or with respect to, any System member who is a public safety officer, as defined in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968, for any benefits authorized pursuant to section 1001(a)(4) of that Act.
 (5)Technical amendmentSection 1086(d) of the National Defense Authorization Act for Fiscal Year 2013 is amended as follows (which amendments shall take effect as if enacted on January 2, 2013)—
 (A)in paragraph (1)— (i)by striking paragraph (1) and inserting paragraph (2); and
 (ii)in subparagraph (B) by striking filed or and inserting filed (consistent with pre-existing effective dates) or; and (B)in paragraph (2)(A), by striking amendments made by this Act and inserting amendments made to section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b) by this Act.
 (i)LiabilityA System member appointed into Federal service under subsection (f)(1), while acting within the scope of the appointment, is deemed an employee of the Federal Government under section 1346(b) of title 28, United States Code, and chapter 171 of that title, relating to tort claims procedure.
 (j)Employment and reemployment rightsWith respect to a System member who is not a regular full-time employee of a sponsoring agency or participating agency, the following terms and conditions apply:
 (1)ServiceService as a System member is deemed service in the uniformed services for purposes of chapter 43 of title 38, United States Code, relating to employment and reemployment rights of individuals who have performed service in the uniformed services (regardless of whether the individual receives compensation for such participation). All rights and obligations of such persons and procedures for assistance, enforcement, and investigation shall be as provided for in such chapter.
 (2)PreclusionPreclusion of giving notice of service by necessity of appointment under this section is deemed preclusion by military necessity for purposes of section 4312(b) of title 38, United States Code, pertaining to giving notice of absence from a position of employment. A determination of such necessity shall be made by the Administrator and shall not be subject to judicial review.
 (k)Licenses and permitsIf a System member holds a valid license, certificate, or other permit issued by any State or other governmental jurisdiction evidencing the member’s qualifications in any professional, mechanical, or other skill or type of assistance required by the System, the System member is deemed to be performing a Federal activity when rendering aid involving such skill or assistance during a period of appointment into Federal service under subsection (f)(1).
							(l)Advisory committee
 (1)In generalThe Administrator shall establish and maintain an advisory committee to provide expert recommendations to the Administrator in order to assist the Administrator in administering the System.
 (2)CompositionThe advisory committee shall be composed of members from geographically diverse areas, and shall include—
 (A)the chief officer or senior executive from at least three sponsoring agencies; (B)the senior emergency manager from at least two States that include sponsoring agencies; and
 (C)at least one representative recommended by the leaders of the task forces. (3)Inapplicability of termination requirementSection 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory committee under this subsection.
								(m)Preparedness cooperative agreements
 (1)In generalSubject to the availability of appropriations for such purpose, the Administrator shall enter into an annual preparedness cooperative agreement with each sponsoring agency. Amounts made available to a sponsoring agency under such a preparedness cooperative agreement shall be for the following purposes:
 (A)Training and exercises, including training and exercises with other Federal, State, and local government response entities.
 (B)Acquisition and maintenance of equipment, including interoperable communications and personal protective equipment.
 (C)Medical monitoring required for responder safety and health in anticipation of and following a major disaster, emergency, or other hazard, as determined by the Administrator.
 (2)Availability of appropriationsNotwithstanding section 1552(b) of title 31, United States Code, amounts made available for cooperative agreements under this subsection that are not expended shall be deposited in an agency account and shall remain available for such agreements without fiscal year limitation.
 (n)Response cooperative agreementsThe Administrator shall enter into a response cooperative agreement with each sponsoring agency, as appropriate, under which the Administrator agrees to reimburse the sponsoring agency for costs incurred by the sponsoring agency in responding to a major disaster or emergency.
 (o)ObligationsThe Administrator may incur all necessary obligations consistent with this section in order to ensure the effectiveness of the System.
							(p)Authorization of appropriations
 (1)In generalThere is authorized to be appropriated to carry out the System and the provisions of this section $50,000,000 for each of fiscal years 2016, 2017, and 2018.
 (2)Administrative expensesThe Administrator may use not to exceed 6 percent of the funds appropriated for a fiscal year pursuant to paragraph (1) for salaries, expenses, and other administrative costs incurred by the Administrator in carrying out this section..
				(b)Conforming amendments
 (1)Applicability of title 5, United States CodeSection 8101(1) of title 5, United States Code, is amended— (A)in subparagraph (D) by striking and at the end;
 (B)by moving subparagraph (F) to appear after subparagraph (E); (C)in subparagraph (F)—
 (i)by striking United States Code,; and (ii)by adding and at the end; and
 (D)by inserting after subparagraph (F) the following:  (G)an individual who is a System member of the National Urban Search and Rescue Response System during a period of appointment into Federal service pursuant to section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act;.
 (2)Inclusion as part of uniformed services for purposes of USERRASection 4303 of title 38, United States Code, is amended— (A)in paragraph (13) by inserting , a period for which a System member of the National Urban Search and Rescue Response System is absent from a position of employment due to an appointment into Federal service under section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act before , and a period; and
 (B)in paragraph (16) by inserting after Public Health Service, the following: System members of the National Urban Search and Rescue Response System during a period of appointment into Federal service under section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act,.
						302.Statute of limitations
 (a)In generalSection 705(a)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5205) is amended—
 (1)by striking Except and inserting Notwithstanding section 3716(e) of title 31, United States Code, and except; and (2)by striking report for the disaster or emergency and inserting report for project completion as certified by the grantee.
					(b)Applicability
 (1)In generalWith respect to disaster or emergency assistance provided to a State or local government on or after January 1, 2004—
 (A)no administrative action may be taken to recover a payment of such assistance after the date of enactment of this Act if the action is prohibited under section 705(a)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5205(a)(1)), as amended by subsection (a); and
 (B)any administrative action to recover a payment of such assistance that is pending on such date of enactment shall be terminated if the action is prohibited under section 705(a)(1) of that Act, as amended by subsection (a).
 (2)LimitationThis section, including the amendments made by this section, may not be construed to invalidate or otherwise affect any administration action completed before the date of enactment of this Act.
					303.Action plan to improve field transition
 (a)In generalNot later than 90 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate regarding the plans the agency will undertake to provide the following:
 (1)Consistent guidance to applicants on FEMA disaster funding procedures during the response to an emergency.
 (2)Appropriate record maintenance and transfer of documents to new teams during staff transitions. (3)Accurate assistance to applicants and grantees to ease the administrative burden throughout the process of obtaining and monitoring assistance.
 (b)Maintaining recordsThe report shall also include a plan for implementing operating procedures and document retention requirements to ensure the maintenance of appropriate records throughout the lifecycle of the disaster.
 (c)New technologiesFinally, the report shall identify new technologies that further aid the disaster workforce in partnering with State, local, and tribal governments and private nonprofits in the wake of a disaster or emergency to educate, assist, and inform applicants on the status of their disaster assistance applications and projects.
 304.Simplified proceduresSection 422(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189) is amended—
 (1)by striking $35,000 the first place it appears and inserting $1,000,000; and (2)by striking the second sentence.
 305.Management costsSection 324 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165b) is amended—
 (1)in subsection (a) by striking any administrative expense, and any other expense not directly chargeable to and inserting direct administrative cost, and any other administrative expense associated with; and (2)in subsection (b)—
 (A)by striking Notwithstanding and inserting the following:  (1)In generalNotwithstanding;
 (B)by striking establish and inserting the following: implement the following:; and (C)by adding at the end the following:

 (2)Specific Management CostsThe Administrator shall provide the following percentage rates, in addition to the eligible project costs, to cover direct and indirect costs of administering the following programs:
 (A)Hazard mitigationA grantee under section 404 may be reimbursed not more than 15 percent of the total amount of the grant award under such section of which not more than 10 percent may be used by the grantee and 5 percent by the subgrantee for such costs.
 (B)Public AssistanceA grantee under sections 403, 406, 407, and 502, may be reimbursed not more than 10 percent of the total award amount under such sections, of which not more than 6 percent may be used by the grantee and 4 percent by the subgrantee for such costs..
					306.Debts owed to the United States related to disaster assistance
 (a)DefinitionIn this section, the term covered assistance means assistance provided— (1)under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174); and
 (2)in relation to a major disaster or emergency declared by the President under section 401 or 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170; 42 U.S.C. 5191) on or after October 30, 2012.
 (b)Waiver authorityNotwithstanding section 3716(e) of title 31, United States Code, the Administrator of the Federal Emergency Management Agency—
 (1)subject to paragraph (2), may waive a debt owed to the United States related to covered assistance provided to an individual or household if—
 (A)the covered assistance was distributed based on an error by the Federal Emergency Management Agency;
 (B)there was no fault on behalf of the debtor; and (C)the collection of the debt would be against equity and good conscience; and
 (2)may not waive a debt under paragraph (1) if the debt involves fraud, the presentation of a false claim, or misrepresentation by the debtor or any party having an interest in the claim.
					(c)Monitoring of covered assistance distributed based on error
 (1)In generalThe Inspector General shall monitor the distribution of covered assistance to individuals and households to determine the percentage of such assistance distributed based on an error.
 (2)Removal of waiver authority based on excessive error rateIf the Inspector General determines, with respect to any 12-month period, that the amount of covered assistance distributed based on an error by the Federal Emergency Management Agency exceeds 4 percent of the total amount of covered assistance distributed—
 (A)the Inspector General shall notify the Administrator and publish the determination in the Federal Register; and
 (B)with respect to any major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) after the date of the determination, the authority of the Administrator to waive debt under subsection (b) shall no longer be effective.
 307.Statute of limitations for debts owed to the United States related to disaster assistanceNotwithstanding section 3716(g) of title 31, United States Code, and unless there is evidence of civil or criminal fraud, the Administrator, on behalf of the President, shall not initiate new administrative action in any forum to recover—
 (1)payments made to an individual or household under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) more than 3 years after the last date on which such payments were made; or
 (2)funds owed by an individual or household for assistance provided under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) more than 3 years after the last date on which such funds were determined to be owed.
				308.Technical assistance and recommendations
 (a)Technical assistanceThe Administrator of the Federal Emergency Management Agency shall provide technical assistance to a common interest community that provides essential services of a governmental nature on actions that a common interest community may take in order to be eligible to receive reimbursement from a grantee that receives funds from the Agency for certain activities performed after an event that results in a disaster declaration.
 (b)RecommendationsNot later than 1 year after the date of enactment of this Act, the Administrator shall provide recommendations to the House Committee on Transportation and Infrastructure and the Senate Committee on Homeland Security and Governmental Affairs on how common areas of condominiums and housing cooperatives may be eligible for assistance, including any progress the Agency has made in its explorations of this issue and the potential challenges identified since the Agency issued its report on May 22, 2014.
 309.Local impactIn making recommendations to the President regarding a major disaster declaration, the Administrator shall give greater weight and consideration to severe localized impact. Further, the Administrator shall make corresponding adjustments to the Agency’s policies and regulations. Not later than 1 year after the date of enactment of this section, the Administrator shall report to the Committees on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on the changes made to regulations and policies and the number of declarations that have been declared based on the new criteria.
 310.Proof of insuranceA State shall be deemed to have proven that an applicant has satisfied the purchase of insurance requirements under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et. seq.) when an encumbrance requiring the purchase and maintenance of insurance has been placed on the title of the property receiving the benefit of the grant or assistance. This section in no way removes or reduces the insurance requirements on an applicant under the Act and in no way limits the requirement that assistance provided under the Stafford Act be reduced or eliminated when the requirements are not met.
 311.AuthoritiesThe Federal Emergency Management Agency shall not, pursuant to consultation with another Federal agency or otherwise, expand its statutory authorities as they relate to floodplain management or floodplain mapping unless the requirement to do so is explicitly and specifically stated in statute, nor shall the Agency’s authorities be construed to impute the privately-funded actions of private parties on private land to such Agency for the purpose of extending the requirements of any Federal law applicable to Federal agencies to such actions.
 312.ResponsibilitiesThe Administrator of the Federal Emergency Management Agency shall be responsible for the Nation’s efforts to reduce the loss of life and property and to protect the Nation from an earthquake, tsunami, or a combined earthquake and tsunami event by developing the ability to prepare and plan for, mitigate against, respond to, recover from, and more successfully adapt to such an event.
			313.Earthquake and Tsunami Interagency Task Force
 (a)In generalThe President shall establish a Federal Interagency Task Force for the purpose of developing a comprehensive strategy and recommendations on how the Nation should prepare and plan for, mitigate against, respond to, recover from, and more successfully adapt to an earthquake, tsunami, or a combined earthquake and tsunami event in the Cascadia Subduction Zone, including identifying potential administrative or legislative changes required to implement the strategy, the funding required to implement the strategy and recommendations, and the priority in which the strategy should be implemented.
 (b)ChairpersonThe Administrator of the Federal Emergency Management Agency, or his designee, shall serve as the chairperson of the Task Force.
 (c)MembershipThe membership of the Task Force shall include a cross section of subject matter experts representing the following:
 (1)Relevant Federal agencies. (2)The States of Oregon, Washington, and California.
 (3)Indian tribes, local governments, and private sector representatives that may be impacted by a mega-thrust earthquake, tsunami, or a combined earthquake and tsunami event in the Cascadia Subduction Zone.
 (4)Universities, academia, and research institutions with expertise in topics relevant to the work of the Task Force.
 (d)Detailed employeesMembers of the Task Force may detail employees to assist the Administrator, or his designee, in fulfilling the responsibilities of the Task Force.
 (e)Cascadia subduction zoneThe term Cascadia Subduction Zone means the approximately 684 miles long landward-dipping fault that separates the Juan de Fuca and North America plates and that stretches along a portion of the western coast of the United States beginning off Cape Mendocino, California, along the State of Oregon, the State of Washington, to Northern Vancouver Island, British Columbia.
 (f)StrategyThe comprehensive strategy, which may build upon existing plans, studies, or other resources, shall include the following:
 (1)Define how Federal agencies will coordinate to develop the ability to prepare and plan for, mitigate against, respond to, recover from, and more successfully adapt to the impacts of a mega-thrust earthquake, tsunami, or a combined earthquake and tsunami event in the Cascadia Subduction Zone.
 (2)Ensure collaboration between the Department of Transportation, the Department of Energy, the United States Coast Guard, the United States Army Corps of Engineers, and other Federal agencies as appropriate to complete a needs assessment of Federal facilities in need of hardening for an event and develop a strategic plan to mitigate and retrofit Federal, State, tribal, and local critical assets for freight, energy, and transit purposes to withstand an event and to help save lives during and immediately after an event.
 (3)Assist State, tribal, and local governments in developing and implementing a coordinated and comprehensive plan to prioritize Federal, State, tribal, local, and private investments and activities to develop the ability to prepare and plan for, mitigate against, respond to, recover from, and more successfully adapt to the impacts of a mega-thrust earthquake, tsunami, or a combined earthquake and tsunami event in the Cascadia Subduction Zone, and to link to any existing State-wide mitigation plan, including examining the feasibility of the public and private sector and individuals to acquire earthquake insurance.
 (4)Identify existing funding opportunities across Federal agencies and other sources to implement the comprehensive strategy and any recommendations made by the Task Force and make recommendations for new funding opportunities.
 (5)Identify barriers to obtaining funding and implementing the comprehensive strategy and to develop recommendations on how to remove such barriers.
 (6)Collaborate with and assist State, tribal, and local governments in developing recommendations for cost-effective mitigation alternatives for aging State, tribal, or locally owned critical infrastructure.
 (7)Assist State, tribal, and local governments with developing a recovery plan prior to an earthquake, tsunami, or combined earthquake and tsunami event in the Cascadia Subduction Zone as to how State, tribal, and local governments may want to rebuild after the event;
 (8)Identify steps taken to date to develop an onshore and offshore earthquake early warning system and define the purpose and scope of an onshore and offshore earthquake early warning system.
 (9)Evaluate types of offshore earthquake early warning systems and provide recommendations and a cost estimate for an earthquake early warning system appropriate for the Cascadia Subduction Zone.
 (10)Make recommendations about how an earthquake early warning system should operate, including whether and how a system should interface with the private sector.
 (11)Define appropriate roles and responsibilities for Federal, State, local, and tribal governments, including who should operate and maintain an earthquake early warning system, the cost of a system, and possible funding sources for a system.
 (12)Develop a plan on how to integrate an earthquake early warning system into existing and new public alert warning systems and technologies, including mobile systems.
 (g)CollaborationThe Task Force shall work simultaneously and collaboratively with the National Academies. (h)National academiesThe Task Force shall enter into an agreement with the National Academies under which the National Academies shall develop recommendations for a Federal research strategy to advance scientific understanding of a Cascadia Subduction Zone earthquake and resulting tsunami preparedness, including the following:
 (1)Geologic conditions, ground motions, and tsunami hazard. (2)Implications of an effective automated early warning system.
 (3)Effects of mega-earthquake and tsunami events on the built and natural environment. (4)Social and behavioral factors for effective disaster preparedness and response.
 (5)Cost-effective mitigation alternatives for legacy and aging infrastructure. (6)Strategic planning for freight, energy, and transit network robustness.
 (7)Tools that help communities invest its resources for the greatest benefit. (8)Any other topics identified as necessary by the Task Force or the National Academies.
 (i)ReportNot later than 18 months after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Government Affairs of the Senate a report of the Task Force that provides the following:
 (1)The comprehensive strategy identified in subsection (f). (2)Recommendations on administrative actions that may be taken to further the strategy.
 (3)Recommendations for legislative changes that may be necessary to further the strategy. (4)Recommendations on funding necessary to carry out the strategy.
					314.Mitigation assistance
 (a)In generalSection 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187) is amended—
 (1)by redesignating subsection (d) as subsection (e); and (2)by inserting after subsection (c) the following:

 (d)Hazard mitigation assistanceWhether or not a major disaster is declared, the President may provide hazard mitigation assistance in accordance with section 404 in any area affected by a fire for which assistance was provided under this section..
 (b)Conforming amendmentsThe Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended—
 (1)in section 404(a) (42 U.S.C. 5170c(a))— (A)by inserting before the first period , or any area affected by a fire for which assistance was provided under section 420; and
 (B)in the third sentence by inserting or event under section 420 after major disaster each place it appears; and (2)in section 322(e)(1) (42 U.S.C. 5165(e)(1)), by inserting or event under section 420 after major disaster each place it appears.
 315.Additional activitiesSection 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the following:

 (f)Use of assistanceRecipients of hazard mitigation assistance provided under this section and section 203 may use the assistance to conduct the following activities to help reduce the risk of future damage, hardship, loss, or suffering in any area affected by—
 (1)a wildfire, including— (A)reseeding ground cover with quick-growing or native species;
 (B)mulching with straw or chipped wood; (C)constructing straw, rock, or log dams in small tributaries to prevent flooding;
 (D)placing logs and other erosion barriers to catch sediment on hill slopes; (E)installing debris traps to modify road and trail drainage mechanisms;
 (F)modifying or removing culverts to allow drainage to flow freely; (G)adding drainage dips and constructing emergency spillways to keep roads and bridges from washing out during floods;
 (H)planting grass to prevent the spread of noxious weeds; (I)installing warning signs;
 (J)establishing defensible space measures; and (K)reducing hazardous fuels; and
 (2)earthquake hazards, including— (A)improvements to regional seismic networks in support of building a capability for earthquake early warning;
 (B)improvements to geodetic networks in support of building a capability for earthquake early warning; or
 (C)seismometers, GPS receivers, and associated infrastructure in support of building a capability for earthquake early warning..

	Passed the House of Representatives February 29, 2016.Karen L. Haas,Clerk.


116 HR 6891 IH: To amend the Federal Reserve Act to require the Board of Governors of the Federal Reserve System to establish goals for the use of diverse investment advisers, brokers, and dealers in investment management agreements related to the Board of Governor’s unusual and exigent circumstances authority, and for other purposes.
U.S. House of Representatives
2020-05-15
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 CONGRESS2d SessionH. R. 6891IN THE HOUSE OF REPRESENTATIVESMay 15, 2020Mrs. Beatty introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo amend the Federal Reserve Act to require the Board of Governors of the Federal Reserve System to establish goals for the use of diverse investment advisers, brokers, and dealers in investment management agreements related to the Board of Governor’s unusual and exigent circumstances authority, and for other purposes.1.Requirements for investment management agreementsSection 13(3) of the Federal Reserve Act (12 U.S.C. 347d(3)) is amended by adding at the end the following:(F)Requirements for investment management agreements(i)In generalWith respect to any investment management agreement entered into by the Board of Governors of the Federal Reserve System with respect to any program or facility established under this paragraph, the Board of Governors shall set goals in such agreement that require investment managers, to the maximum extent possible, to utilize—(I)investment advisers and sub-advisers that are diverse individual-owned and controlled firms as intermediaries; and(II)brokers and dealers that are diverse individual-owned and controlled firms.(ii)ReportThe Board of Governors shall include, in the report required under subparagraph (C), a description of goals set pursuant to clause (i).(iii)DefinitionsFor the purposes of this subparagraph:(I)Affiliated personThe term affiliated person has the meaning given that term under section 2(a) of the Investment Company Act of 1940.(II)BrokerThe term broker has the meaning given that term under section 3 of the Securities Exchange Act of 1934.(III)DealerThe term dealer has the meaning given that term under section 3 of the Securities Exchange Act of 1934.(IV)Diverse individual-owned and controlled firmThe term diverse individual-owned and controlled firm means a firm—(aa)which is at least 51 percent owned by one or more individuals who are women, minorities, or veterans; or(bb)whose management and daily business operations are—(AA)in the case of a firm the shares of which are traded on a national securities exchange, controlled by a board with a majority of members who are women, minorities, or veterans; and(BB)in the case of any other firm, at least 51 percent controlled by one or more individuals who are women, minorities, or veterans.(V)Investment adviserThe term investment adviser has the meaning given the term in section 202(a)(11) of the Investment Advisers Act of 1940. (VI)MinorityThe term minority has the meaning given the term in section 308(b) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 and also includes any indigenous person in the United States or its territories.(VII)VeteranThe term veteran has the meaning given the term in section 101 of title 38, United States Code..


		I
		112th CONGRESS
		1st Session
		H. R. 602
		IN THE HOUSE OF REPRESENTATIVES

			February 10, 2011
			Mr. Harper (for
			 himself and Mrs. McMorris Rodgers)
			 introduced the following bill; which was referred to the
			 Committee on Education and the
			 Workforce

		A BILL
		To amend the Individuals with Disabilities Education Act
		  to make improvements to the individualized education program under that Act and
		  facilitate the transition of children with disabilities to adulthood, and for
		  other purposes.

		1.Short titleThis Act may be cited as the
			 Transition toward Excellence,
			 Achievement and Mobility through Education Act of 2011 or
			 TEAM–Education Act of
			 2011.
		2.Findings and
			 purposes
			(a)FindingsCongress finds the following:
				(1)Evidence-based
			 research has conclusively documented that youth with significant disabilities
			 who were educated in inclusive settings, were exposed to work experience and
			 career exploration, and participated in a paid work experience while in school
			 had better postsecondary outcomes and higher rates of sustainable
			 employment.
				(2)Higher rates of
			 self-determination, in which individuals with significant disabilities and
			 their families have direct control over the decision-making process in order to
			 ensure an appropriate individualized transition strategy, lead to better
			 outcomes.
				(3)Regulations and
			 processes allowing for flexibility in the blending and braiding of government
			 funds to ensure seamless, collaborative strategies during the transition
			 process lead to better outcomes for individuals with significant
			 disabilities.
				(4)Agency officials
			 involved directly in the provision of supports and services during a youth’s
			 transition into adulthood and beyond must be provided additional training to
			 become properly prepared to adequately address the individual transition needs
			 of students with significant disabilities.
				(b)PurposesThe purposes of this Act are the
			 following:
				(1)Create a holistic
			 system across multiple partners focused on successful transition of youth with
			 significant disabilities into adulthood.
				(2)Create a systemic
			 focus on achieving high expectations for all youth, through equality of
			 opportunity, full participation through self-determination and informed choice,
			 outcomes related to post-secondary options that lead to competitive integrated
			 employment and economic self-sufficiency.
				(3)Promote innovative
			 strategies to foster academic, professional, and social inclusion, and the
			 solidification of long-term supports and services required to ensure full
			 integration into the community setting.
				(4)Better define and
			 coordinate specific services related to the effective transition of youth with
			 significant disabilities.
				(5)Eliminate barriers
			 and promote incentives for multiple stakeholders to collaborate and improve
			 transition opportunities for youth with significant disabilities.
				3.Definitions
			(a)Transition
			 servicesSection 602(34) of
			 the Individuals with Disabilities Education Act (20 U.S.C. 1401(34)) is
			 amended—
				(1)in subparagraph
			 (A), by inserting and customized employment after
			 supported employment;
				(2)in subparagraph
			 (B), by striking and at the end;
				(3)in subparagraph
			 (C), by striking the period at the end and inserting a semicolon; and
				(4)by adding at the
			 end the following new subparagraphs:

						(D)includes training in self-advocacy and
				self-determination activities and the skills needed to participate in making
				informed choices to prepare and empower the child to advocate and negotiate on
				the child’s own behalf; and
						(E)does not include facility-based employment
				or activity settings, such as sheltered workshops, day habilitation centers,
				mobile work crews, or enclave work
				settings.
						.
				(b)Other
			 definitionsSection 602 of
			 the Individuals with Disabilities Education Act (20 U.S.C. 1401) is amended by
			 adding at the end the following new paragraphs:

					(37)Informed
				choiceThe term
				informed choice means a choice-making process that includes the
				following elements:
						(A)The provision of
				adequate information to the child and the child’s parents about the full range
				of options that are to be considered.
						(B)Sufficient
				resources (personnel as well as fiscal) to support the choice made by the child
				and the child’s parents.
						(C)Willingness of any
				provider of services to accept the choice and the reasonable risks associated
				with the choice.
						(D)Information on the parameters of the choice
				and the relevant options being considered in the language and capabilities of
				the child in the choice-making process.
						(E)Acknowledgment by the child and all parties
				involved that the use of public-funds should be focused on choices that foster
				personal, social, and professional development in integrated settings and lead
				to outcomes of increased economic self-sufficiency and professional
				advancement.
						(38)Integrated
				employmentThe term
				integrated employment means work compensated at the greater of
				minimum wage or competitive wages with related employment benefits, occurring
				in a typical work setting where the employee with the disability interacts or
				has the opportunity to interact continuously with non-disabled co-workers, has
				an opportunity for advancement and mobility, and is preferably engaged in
				full-time employment.
					(39)Self-determination
				activitiesThe term
				self-determination activities has the meaning given the term in
				section 102 of the Developmental Disabilities
				Assistance and Bill of Rights Act of 2000 (42 U.S.C.
				15002).
					(40)State
				intellectual and developmental disabilities agencyThe
				term State intellectual and developmental disabilities agency
				means the primary State agency or subdivision with administrative,
				programmatic, and operational responsibility for the full range of services and
				supports furnished to individuals with intellectual and developmental
				disabilities.
					.
			4.State-level
			 activitiesSection
			 611(e)(2)(C) of the Individuals with Disabilities Education Act (20 U.S.C.
			 1411(e)(2)(C)) is amended—
			(1)by redesignating
			 clauses (vii) through (xi) as clauses (viii) through (xii), respectively;
			 and
			(2)by inserting after
			 clause (vi) the following new clause:

					(vii)To enter into contracts with entities that
				have expertise in the provision of transition services specifically related to
				assisting children with disabilities in the accomplishment of the transition
				objectives outlined in the child’s IEP to the extent such objectives relate to
				the provision of school-based preparatory activities, work-based learning
				experiences, career preparation, and job experiences in an integrated community
				setting, other than facility-based employment and activity settings, such as
				sheltered workshops, day habilitation centers, mobile work crews, and enclave
				work
				settings.
					.
			5.State
			 eligibilitySection 612(a) of
			 the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)) is amended
			 by adding at the end the following new paragraph:

				(26)Plan relating
				to transition services
					(A)In
				generalThe State has
				established a plan to ensure that the State educational agency coordinates
				efforts among the various State agencies involved in the successful transition
				of youth with disabilities into adulthood, including the State agencies
				described in subparagraph (B), and to align practices and direct resources
				toward the effective provision of transition services to address the needs of
				children with disabilities, including involvement and progress in the general
				curriculum in the least restrictive environment, academic and school-based
				preparatory experiences, work and career readiness, youth development and
				leadership, comprehensive community connections, and family involvement and
				engagement.
					(B)State agencies
				describedThe State agencies
				referred to in subparagraph (A) are—
						(i)the State
				intellectual and developmental disabilities agency;
						(ii)the State
				vocational rehabilitation agency;
						(iii)the agency
				responsible for the State medicaid program under title XIX of the Social
				Security Act; and
						(iv)the State
				department of labor or workforce investment
				board.
						.
		6.Individualized
			 Education Programs
			(a)Evaluations
			 before change in eligibilitySection 614(c)(5)(B)(ii) of the Individuals
			 with Disabilities Education Act (20 U.S.C. 1414(c)(5)(B)(ii)) is
			 amended—
				(1)by striking the child with a
			 summary and inserting

						to the child and
			 the child’s parents, not later than 7 days after the child’s eligibility
			 terminates, with—(I)a
				summary
						;
				(2)by striking the
			 period at the end and inserting ; and; and
				(3)by adding at the
			 end the following new subclause:

						(II)a comprehensive record of the child’s work
				experiences, skills, talents and strengths relevant for discussions with
				prospective employers, post-secondary education programs, career placement
				services, and
				mentors.
						.
				(b)Individualized
			 Education ProgramSection
			 614(d)(1)(A) of the Individuals with Disabilities Education Act (20 U.S.C.
			 1414(d)(1)(A)) is amended—
				(1)in clause
			 (i)—
					(A)in subclause
			 (VII), by striking and at the end;
					(B)in subclause
			 (VIII)—
						(i)in
			 the matter preceding item (aa)—
							(I)by striking
			 16 and inserting 14; and
							(II)by inserting
			 at a minimum after updated; and
							(ii)by
			 striking items (bb) and (cc) and inserting the following:

								(bb)a strategy to address the needs of the
				child related to academic and school-based preparatory experiences, work and
				career readiness, youth development and leadership, comprehensive community
				connections, and family involvement and engagement; and
								(cc)objectives leading to postsecondary
				education, sustained integrated employment, economic self-sufficiency,
				independent living and community
				participation;
								;
				and
						(C)by adding at the
			 end the following:

							(IX)beginning not later than the date on which
				the first IEP is to be in effect when the child attains the age of 14—
								(aa)a
				description of the transition services (including courses of study and work
				experience) that will be provided to assist the child in reaching the
				postsecondary goals described in subclause (VIII)(aa); and
								(bb)a description of the training in
				self-advocacy, development of self-determination activities, and the skills
				needed to participate in making informed choices to prepare and empower the
				child to negotiate and advocate on the child’s own behalf; and
								(X)beginning not later than 1 year before the
				child reaches the age of majority under State law, a statement that the child
				and the child’s parents have been informed of the child’s rights under this
				title, if any, that will transfer to the child on reaching the age of majority
				under section 615(m).
							;
				and
					(2)by adding at the
			 end the following:

						(iii)Additional
				rule of constructionNothing
				in clause (i)(VIII) shall be construed to authorize the use of facility-based
				employment or activity settings, such as sheltered workshops, day habilitation
				centers, mobile work crews, or enclave work settings in a child’s
				IEP.
						.
				(c)Individualized
			 Education Program TeamSection 614(d)(1)(B) of the Individuals
			 with Disabilities Education Act (20 U.S.C. 1414(d)(1)(B)) is amended—
				(1)in clause (vi), by
			 striking and at the end;
				(2)redesignating
			 clause (vii) as clause (viii); and
				(3)by inserting after
			 clause (vi), as amended by this subsection, the following:

						(vii)beginning at the age of 14 with respect to
				a child with a disability who is expected to be eligible to receive adult
				services under the State medicaid program under title XIX of the Social
				Security Act (or any services provided under a waiver under such program) or
				any other adult services provided by the State intellectual and developmental
				disabilities agency upon reaching the age of majority, a representative of the
				State intellectual and developmental disabilities agency;
				and
						.
				(d)Development of
			 IEPSection 614(d)(3) of the
			 Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(3)) is
			 amended—
				(1)in subparagraph
			 (A)—
					(A)in clause (iii),
			 by striking and at the end;
					(B)in clause (iv), by
			 striking the period at the end and inserting ; and; and
					(C)by adding at the
			 end the following:

							(v)the transition services necessary to assist
				the child to attain a postsecondary education, integrated employment,
				independent living, and community
				participation.
							;
				and
					(2)by redesignating
			 subparagraphs (B) through (F) as subparagraphs (C) through (G),
			 respectively;
				(3)by inserting after
			 subparagraph (A) the following new subparagraph:

						(B)Preparation for
				development of IEP for a child in transition yearsThe
				IEP Team, upon the request of a child who has attained the age of 14,
				shall—
							(i)offer a preliminary meeting and advocacy
				training for the child and child’s parents to support the preparation of the
				parents in advocating on their child’s behalf during any upcoming IEP team
				meeting that will be conducted by a certified trainer with specific experience
				in self-advocacy and family advocacy training; and
							(ii)ensure that all
				pertinent information, including school records, educational materials
				regarding transition services available and background information on any
				pre-existing partnerships between the local educational agency and any outside
				providers of transition services or post-secondary education, is sent to the
				child at least ten days prior to the IEP team
				meeting.
							;
				and
				(4)in subparagraph
			 (G) (as redesignated), by striking subparagraph (D) and
			 inserting subparagraph (E).
				(e)Review and
			 revision of IEPSection
			 614(d)(4)(A) of the Individuals with Disabilities Education Act (20 U.S.C.
			 1414(d)(4)(A)) is amended—
				(1)in clause (i), by
			 striking and at the end;
				(2)in clause (ii), by
			 striking the period at the end and inserting ; and; and
				(3)by adding at the
			 end the following:

						(iii)beginning when the child attains the age of
				14, evaluates the progress made in achieving the child’s transition objectives,
				identifying challenges and opportunities and discussing any additional
				transition services that need to be secured to optimize the child’s successful
				completion of transition objectives set forth in the child’s IEP leading to
				postsecondary education, integrated employment, independent living, and
				community
				participation.
						.
				7.Grants for
			 establishment of local coordinators for transition servicesSection 614 of the Individuals with
			 Disabilities Education Act (20 U.S.C. 1414) is amended by adding at the end the
			 following:

				(g)Grants for
				establishment of local coordinators for transition services
					(1)In
				generalThe Secretary is
				authorized to provide grants to State educational agencies to provide
				authorization, funding, and support to local educational agencies to establish
				coordinators to provide transition services to children with disabilities under
				this part.
					(2)Activities of
				coordinatorsCoordinators established under paragraph (1)
				shall—
						(A)manage the
				development and implementation of the transition services components of an IEP
				for children with disabilities under this part; and
						(B)facilitate relationships between children
				with disabilities and parents of children with disabilities and public and
				private agencies involved in transition services for children with disabilities
				under this part.
						(3)Authorization of
				appropriationsThere are authorized to be appropriated to carry
				out this subsection $50,000,000 for each of the fiscal years 2012 through
				2016.
					.
		8.Effective
			 dateThe amendments made by
			 this Act take effect on the date of the enactment of this Act and apply with
			 respect to fiscal years beginning on or after the date of the enactment of this
			 Act.


I
108th CONGRESS 2d Session
H. R. 5222
IN THE HOUSE OF REPRESENTATIVES

October 5, 2004
Ms. Loretta Sanchez of California introduced the following bill; which was referred to the Committee on Armed Services

A BILL
To amend chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), to provide standards for the use of military commissions for the trial of offenses under the law of war or in furtherance of international terrorism.

1.Short titleThis Act may be cited as the Military Commissions Act of 2004.
2.Use of military commissions for offenses under law of war or in furtherance of terrorism
(a)In generalSubchapter XI of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 935 (article 135) the following new section:

935a.Art. 135a. Military commissions for offenses against the law of war or in furtherance of terrorism
(a)A military commission covered by this section may be appointed only by the President or a person designated by the President for such purpose.
(b)A military commission appointed under subsection (a) may try any person, not a citizen of the United States, for one or more offenses against the law of war or in furtherance of terrorism.
(c)A military commission shall consist of not less than three members and not more than seven members. However, in a case in which the accused may be sentenced to a penalty of death, the commission shall consist of seven members. The commission may also include not more than two alternate members. Each member and alternate member shall be a commissioned officer of the armed forces.
(d)A military commission shall have a presiding officer, who shall be appointed from among the members. The presiding officer shall be a judge advocate and shall preside over the proceedings of the commission to ensure a full, fair, and expeditious trial. The presiding officer shall rule upon all questions of law and all interlocutory questions arising during the proceedings. A majority of the members may overrule the presiding officer on any ruling that excludes evidence on the merits.
(e)Trial and defense counsel shall be detailed for a military commission on the same basis as such counsel are detailed for a general court-martial under section 827 (article 27).
(f)Members of a military commission shall deliberate and vote in closed conference. Voting on the findings and on the sentence shall be by secret written ballot.
(g)A military commission covered by this section may not find a person guilty of an offense, and may not determine a sentence, except by the concurrence of two-thirds of the members present at the time the vote is taken. The commission may not sentence a person to suffer death except by the concurrence of all the members as to the findings and as to the sentence.
(h)A military commission may, under such limitations as the President may prescribe, adjudge any punishment permitted by the law of war, including death, imprisonment for life or for any lesser term, payment of a fine or restitution, or such other lawful punishment or punishments as the commission shall determine to be proper. The sentence of death may be adjudged only if the accused has been found guilty of spying or an offense causing the death of one or more persons. A commission may not sentence any person to suffer death for an offense committed before the person attained the age of eighteen years. A sentence of death may not be executed until approved by the President.
(i)Pursuant to section 936 (Article 36) of the chapter, the President may prescribe rules of evidence and procedure for trial by a military commission. The accused in a military commission shall be given the following minimum rights and protections:
(1)The accused shall have the right to a fair trial, without adverse distinction based upon race, color, gender, language, religion, birth, wealth, or any similar criteria.
(2)The accused shall be presumed innocent until proven guilty. The burden of proof shall be upon the prosecution to prove each element of an offense beyond a reasonable doubt.
(3)The accused shall be informed of the charges against him in a language he understands as soon as practicable prior to trial.
(4)The accused shall have the right to a public trial, unless the appointing authority determines that a closed trial, or any portion thereof, is necessary to the national security of the United States.
(5)The accused may not be compelled to testify or present evidence against himself.
(6)No adverse inference will be drawn against him by reason of a decision not to testify on his own behalf.
(7)Evidence obtained through the use of torture (as defined in section 2340 of title 18), will not be admitted in evidence at trial by a military commission.
(8)The accused shall be entitled to assistance of counsel at all stages of proceedings and shall have adequate time and facilities available for the preparation of his defense. The accused shall have the right to represent himself in trail by military commission, subject to the discretion of the presiding officer.
(9)The accused shall have the right to present evidence and to cross-examine each witness.
(10)The accused shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the President may prescribe.
(11)The accused shall have access to all evidence that trial counsel intends to offer at trial and all evidence known to trial counsel or to the commission that tends to exculpate him.
(12)The accused shall have the right to be present at each stage of the proceedings, unless he engages in conduct that the presiding officer determines to be disruptive.
(13)The accused shall not be tried a second time for the same offense.
(j)A person found guilty by military commission shall have a right to review of that finding and any adjudged sentence in accordance with this section.
(k)
(1)After trial, the presiding officer shall promptly authenticate a verbatim transcript and record of trial.
(2)The appointing authority shall, within a reasonable period of time, carry out an administrative review of the transcript and record of trial and take such administrative actions as the authority considers appropriate, which may include directing the commission to conduct any necessary supplemental proceedings.
(3)The Secretary of Defense shall review the record of trial and, within a reasonable period of time, take one or more of the following actions of the case:
(A)Approve, disapprove, commute, mitigate, or suspend the sentence in whole or in part.
(B)Approve or disapprove a finding of guilty, or change a finding of guilty to a charge or specification to a finding of guilty to a lesser included offense of the offense stated in the charge.
(4)(A)Following action by the Secretary of Defense, the Court of Appeals for the Armed Forces shall review the record of a military commission—
(i)in any case in which the sentence extends to death or to confinement in excess of five years; and
(ii)in any other case that the President may prescribe.
(B)In any case reviewed by it under this subsection, the Court of Appeals for the Armed Forces may act only with respect to the findings and sentence as in effect after review by the convening authority and the Secretary of Defense under subsection (k)(3).
(C)The Court of Appeals for the Armed Forces shall take action only with respect to matters of law and shall take such action as is permitted under section 867 (Article 67) of this chapter.
(5)The Supreme Court of the United States shall have jurisdiction to review, by writ of certiorari, an action of the Court of Appeals for the Armed Forces under this subsection.
(l)The Secretary of Defense shall submit to Congress each order, rule, and regulation prescribed under this section. Such order, rule, or regulation may not take effect until 30 days after it is so submitted.
(m)Not later than March 15 of each year, the Secretary of Defense shall submit to Congress a report on the use of military commissions covered by this section during the preceding calendar year. The report shall set forth a summary of each case covered by this section during such year, together with the disposition and current status of that case. The report shall also set forth a detailed description of the activities of the Department with respect to military commissions, a copy of all current rules and regulations relating to the use of military commissions, and an accounting of all funds expended on matters relating to the use of military commissions..
(b)The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:

935a. Art. 135a. Military commissions for offenses against the law of war or in furtherance of terrorism.


		I
		111th CONGRESS
		1st Session
		H. R. 1905
		IN THE HOUSE OF REPRESENTATIVES

			April 2, 2009
			Mrs. Capps (for
			 herself, Ms. Bordallo,
			 Mr. Farr, and
			 Ms. Matsui) introduced the following
			 bill; which was referred to the Committee
			 on Natural Resources

		A BILL
		To amend the Coastal Zone Management Act of 1972 to
		  require the Secretary of Commerce to establish a coastal climate change
		  adaptation planning and response program, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Coastal State Climate Change Planning
			 Act.
		2.Planning for
			 climate change in the coastal zone
			(a)In
			 GeneralThe Coastal Zone
			 Management Act of 1972 (16 U.S.C. 1451 et seq.) is amended by adding at the end
			 the following:

					320.Climate change adaptation planning(a)In
				GeneralThe Secretary shall establish consistent with the
				national policies set forth in section 303 a coastal climate change adaptation
				planning and response program to—
							(1)provide assistance
				to coastal states to voluntarily develop coastal climate change adaptation
				plans pursuant to approved management programs approved under section 306, to
				minimize contributions to climate change and to prepare for and reduce the
				negative consequences that may result from climate change in the coastal zone;
				and
							(2)provide financial
				and technical assistance and training to enable coastal states to implement
				plans developed pursuant to this section through coastal states’ enforceable
				policies.
							(b)GuidelinesWithin
				180 days after the date of enactment of this section, the Secretary, in
				consultation with the coastal states, shall issue guidelines for the
				implementation of the grant program established under subsection (c).
						(c)Climate Change
				adaptation Planning Grants
							(1)In
				generalThe Secretary, subject to the availability of
				appropriations, may make a grant to any coastal state for the purpose of
				developing climate change adaptation plans pursuant to guidelines issued by the
				Secretary under subsection (b).
							(2)Plan
				contentA plan developed with a grant under this section shall
				include the following:
								(A)Identification of
				public facilities and public services, coastal resources of national
				significance, coastal waters, energy facilities, or other land and water uses
				located in the coastal zone that are likely to be impacted by climate
				change.
								(B)Adaptive
				management strategies for land use to respond or adapt to changing
				environmental conditions, including strategies to protect biodiversity and
				establish habitat buffer zones, migration corridors, and climate
				refugia.
								(C)Requirements to
				initiate and maintain long-term monitoring of environmental change to assess
				coastal zone adaptation and to adjust when necessary adaptive management
				strategies and new planning guidelines to attain the policies under section
				303.
								(D)Other information considered necessary by
				the Secretary to identify the full range of climate change impacts affecting
				coastal communities.
								(3)State hazard
				mitigation plansPlans
				developed with a grant under this section shall be consistent with State hazard
				mitigation plans and natural disaster response and recovery programs developed
				under State or Federal law.
							(4)AllocationGrants
				under this section shall be available only to coastal states with management
				programs approved by the Secretary under section 306 and shall be allocated
				among such coastal states in a manner consistent with regulations promulgated
				pursuant to section 306(c).
							(5)PriorityIn
				the awarding of grants under this subsection the Secretary may give priority to
				any coastal state that has received grant funding to develop program changes
				pursuant to paragraphs (1), (2), (3), (5), (6), (7), and (8) of section
				309(a).
							(6)Technical
				assistanceThe Secretary may provide technical assistance to a
				coastal state consistent with section 310 to ensure the timely development of
				plans supported by grants awarded under this subsection.
							(7)Federal
				ApprovalIn order to be eligible for a grant under subsection
				(d), a coastal state must have its plan developed under this section approved
				by the Secretary.
							(d)Coastal
				adaptation Project Grants
							(1)In
				generalThe Secretary, subject to the availability of
				appropriations, may make grants to any coastal state that has a climate change
				adaptation plan approved under subsection (c)(7), in order to support projects
				that implement strategies contained within such plans.
							(2)Program
				requirementsThe Secretary
				within 90 days after approval of the first plan approved under subsection
				(c)(7), shall publish in the Federal Register requirements regarding
				applications, allocations, eligible activities, and all terms and conditions
				for grants awarded under this subsection. No less than 30 percent, and no more
				than 50 percent, of the funds appropriated in any fiscal year for grants under
				this subsection shall be awarded through a merit-based competitive
				process.
							(3)Eligible
				activitiesThe Secretary may award grants to coastal states to
				implement projects in the coastal zone to address stress factors in order to
				improve coastal climate change adaptation, including the following:
								(A)Activities to
				address physical disturbances within the coastal zone, especially activities
				related to public facilities and public services, tourism, sedimentation, and
				other factors negatively impacting coastal waters, and fisheries-associated
				habitat destruction or alteration.
								(B)Monitoring,
				control, or eradication of disease organisms and invasive species.
								(C)Activities to address the loss,
				degradation, or fragmentation of wildlife habitat through projects to establish
				or protect marine and terrestrial habitat buffers, wildlife refugia, other
				wildlife refuges, or networks thereof, preservation of migratory wildlife
				corridors and other transition zones, and restoration of fish and wildlife
				habitat.
								(D)Implementation of
				projects to reduce, mitigate, or otherwise address likely impacts caused by
				natural hazards in the coastal zone, including sea level rise, coastal
				inundation, coastal erosion and subsidence, severe weather events such as
				cyclonic storms, tsunamis and other seismic threats, and fluctuating Great
				Lakes water levels.
								(E)Provide technical
				training and assistance to local coastal policy makers to increase awareness of
				science, management, and technology information related to climate change and
				adaptation strategies.
								(4)Promotion and
				use of National Estuarine Research ReservesThe Secretary shall promote and encourage
				the use of National Estuarine Research Reserves as sites for pilot or
				demonstration projects carried out with grants awarded under this
				section.
							.
			(b)Authorization of
			 AppropriationsSection 318(a)
			 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1464) is further amended
			 by striking and after the semicolon at the end of paragraph (1),
			 by striking the period at the end of paragraph (2) and inserting ;
			 and, and by adding at the end the following:

					(3)for grants under
				section 320(c) and (d), such sums as are
				necessary.
					.
			(c)Intent of
			 CongressNothing in this
			 section shall be construed to require any coastal state to amend or modify its
			 approved management program pursuant to section 306(e) of the Coastal Zone
			 Management Act of 1972 (16 U.S.C. 1455(e)), or to extend the enforceable
			 policies of a coastal state beyond the coastal zone as identified in the
			 coastal state’s approved management program.


		I
		112th CONGRESS
		2d Session
		H. R. 4218
		IN THE HOUSE OF REPRESENTATIVES

			March 20, 2012
			Ms. Velázquez
			 introduced the following bill; which was referred to the
			 Committee on Financial
			 Services

		A BILL
		To preserve affordable housing opportunities for
		  low-income families, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Stabilizing Affordable Housing for the
			 Future Act.
		2.Investment
			 through up-front grants from General Insurance Fund
			(a)1997
			 ActSubsection (a) of section
			 204 of the Departments of Veterans Affairs and Housing and Urban Development,
			 and Independent Agencies Appropriations Act, 1997 (12 U.S.C. 1715z–11a(a)) is
			 amended by striking the last sentence.
			(b)1978
			 ActParagraph (4) of section 203(f) of the Housing and Community
			 Development Amendments of 1978 (12 U.S.C. 1701z–11(f)(4)) is amended by
			 striking the last sentence.
			3.Preservation of
			 HUD-held and HUD-owned buildingsSection 204(a) of the Departments of
			 Veterans Affairs and Housing and Urban Development, and Independent Agencies
			 Appropriations Act, 1997 (12 U.S.C. 1715z–11a(a)) is amended—
			(1)by striking
			 During and all that follows through and thereafter, the
			 provision of and inserting In managing and disposing of
			 multifamily properties during any fiscal year, the Secretary may
			 provide; and
			(2)by striking
			 notwithstanding any other provision and inserting
			 consistent with other provisions.
			4.Maintaining
			 affordability through continued assistance and escrowing of rental
			 assistance
			(a)Requirement To
			 maintain assistanceSubject
			 to subsection (c) and notwithstanding any other provision of law, in managing
			 and disposing of any multifamily property that is owned by, or subject to a
			 mortgage held by, the Secretary of Housing and Urban Development, the Secretary
			 shall maintain payment of any rental assistance that is attached to any
			 dwelling units in the property and provided under a contract for the property
			 under section 8 of the United States Housing Act of 1937 or under any other
			 program administered by the Secretary, as provided in this section.
			(b)Escrow for
			 properties not meeting housing quality standardsIn the case of
			 any transfer of a distressed multifamily property that does not comply with
			 housing quality standards applicable to the property, the Secretary may not
			 recapture any rental assistance described in subsection (a) for the property,
			 but shall hold any such assistance in escrow for the property during the period
			 of noncompliance and, upon determining that the property complies with such
			 standards make such assistance available for the property.
			(c)Projects not
			 feasible for continued assistanceWith respect to a multifamily property
			 described in subsection (a), to the extent the Secretary, in consultation with
			 the tenants of the property, determines that the property is not feasible for
			 continued rental assistance payments under such section 8, or other programs,
			 based on consideration of the costs of rehabilitating and operating the
			 property, after utilizing all available Federal, State, and local resources
			 including rent adjustments under section 524 of the Multifamily Assisted
			 Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note), the
			 Secretary may, in consultation with the tenants of that property, contract with
			 an owner or owners of other existing housing properties to make project-based
			 rental assistance payments for such other properties or provide other rental
			 assistance.
			5.Building
			 acquisition: valuation of physically distressed properties sold by HUD in
			 discount salesSection 2001 of
			 the Deficit Reduction Act of 2005 (12 U.S.C. 1701z–11 note) is amended—
			(1)in paragraph (4),
			 by striking without taking into account any affordability
			 requirements and inserting the following: as determined using
			 industry standard appraisal practices, including consideration of the cost of
			 repairs needed for the property subject to the loan to comply with minimum
			 safety and building standards and the cost of maintaining the affordability
			 restrictions applicable under the original loan or grant for the
			 property; and
			(2)in paragraph (7), by striking
			 without taking into account any affordability requirements and
			 inserting the following: as determined using industry standard appraisal
			 practices, including consideration of the cost of repairs needed for the
			 property to comply with minimum safety and building standards and the cost of
			 maintaining the affordability restrictions applicable under the original loan
			 or grant for the property.
			6.Multifamily
			 housing mortgage foreclosureThe Multifamily Mortgage Foreclosure Act of
			 1981 is amended—
			(1)in section 362 (12
			 U.S.C. 3701)—
				(A)in paragraph (5),
			 by striking and at the end;
				(B)in paragraph (6),
			 by striking the period at the end and inserting ; and;
			 and
				(C)by adding at the
			 end the following new paragraph:

						(7)mortgages transferred by the Secretary to
				State and local governments should be foreclosed in the same manner as
				mortgages held by the
				Secretary.
						;
				(2)in section 363 (12
			 U.S.C. 3702)—
				(A)in paragraph (9),
			 by striking and at the end;
				(B)in paragraph (10),
			 by striking the period at the end and inserting ; and;
			 and
				(C)by adding at the
			 end the following new paragraph:

						(11)State or local government
				transferee means any state or unit of general local government, any
				public housing authority, or any State or local housing finance agency that has
				acquired mortgages pursuant to section 203 of the Housing and Community
				Development Amendments of 1978 (12 U.S.C. 1701z–11), section 204 of the
				Departments of Veterans Affairs and Housing and Urban Development, and
				Independent Agencies Appropriations Act, 1997 (12 U.S.C. 1715z–11a), or any
				other provision of law, that were previously held by the
				Secretary.
						;
				(3)in section 364 (12
			 U.S.C. 3703)—
				(A)by inserting
			 , or any State or local government transferee, after
			 Secretary the first and fourth places such term appears;
			 and
				(B)by inserting , or the State or local
			 government transferee, after Secretary the second,
			 third, and fifth places such term appears;
				(4)in section 365 (12
			 U.S.C. 3704)—
				(A)by inserting , or any State or local
			 government transferee, after Secretary the first place
			 such term appears;
				(B)by inserting , or the State or local
			 government transferee, after Secretary each other place
			 such term appears; and
				(C)by striking the
			 last 3 sentences and inserting the following: The entity designating the
			 foreclosure commissioner, whether the Secretary or any State or local
			 government transferee, shall be a guarantor of payment of any judgment against
			 the foreclosure commissioner for damages based upon the commissioner's failure
			 to perform properly the commissioner's duties. As between the entity
			 designating the foreclosure commissioner, whether the Secretary or any State or
			 local government transferee, and the mortgagor, the entity designating the
			 foreclosure commissioner shall bear the risk of any financial default by the
			 foreclosure commissioner. In the event that the Secretary or any State or local
			 government transferee makes any payment pursuant to the preceding two
			 sentences, the Secretary or any State or local government transferee shall be
			 fully subrogated to the rights satisfied by such payment.;
				(5)in section 366 (12
			 U.S.C. 3705)—
				(A)by inserting , or any State or local
			 government transferee, after Secretary the first, third,
			 fourth, and fifth place such term appears; and
				(B)by inserting , or the State or local
			 government transferee, after Secretary the second and
			 sixth places such term appears;
				(6)in section 367 (12
			 U.S.C. 3706)—
				(A)in subsection
			 (a)—
					(i)in paragraph (1), by inserting or
			 the State or local government transferee, after
			 Secretary,; and
					(ii)in paragraph (8), by inserting , or
			 the State or local government transferee after
			 Secretary;
					(B)in subsection
			 (b)—
					(i)by inserting , or any State or local
			 government transferee, after Secretary the first and
			 second places such term appears; and
					(ii)by inserting , or the State or local
			 government transferee, after Secretary the third place
			 such term appears; and
					(C)by adding at the
			 end the following new subsection:

						(c)In any case in which a State or local
				government transferee is the purchaser of a multifamily project, the State or
				local government transferee shall manage and dispose of such project to benefit
				those originally intended to be assisted under the prior program unless
				continued operation and disposition of the property under such program is not
				feasible based on consideration of the costs of rehabilitating and operating
				the property after considering all available Federal, State, and local
				resources, including rent adjustments under section 524 of the Multifamily
				Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f
				note).
						;
				(7)in section 368 (12
			 U.S.C. 3707)—
				(A)by inserting , or any State or local
			 government transferee, after Secretary the first and
			 third places such term appears; and
				(B)by inserting , or the State of local
			 government transferee, after Secretary the second place
			 such term appears;
				(8)in section 369A
			 (12 U.S.C. 3709)—
				(A)by inserting , or any State or local
			 government transferee, after Secretary the second place
			 such term appears; and
				(B)by inserting
			 , or the State or local government transferee, after
			 Secretary the first, third, and fourth places such term appears;
				(9)in section 369B
			 (12 U.S.C. 3710)—
				(A)by inserting , or the State of local
			 government transferee, after Secretary the first and
			 second places such term appears; and
				(B)by inserting , or any State or local
			 government transferee, after Secretary each other place
			 such term appears;
				(10)in section 369E
			 (12 U.S.C. 3713), by inserting , or any State or local government
			 transferee, after Secretary each place such term
			 appears; and
			(11)in section
			 369F(a)(1) (12 U.S.C. 3714(a)(1)), by inserting , or any State or local
			 government transferee, before the semicolon at the end.
			7.Building transfers:
			 requirements for purchasers of FHA-insured projects and section 8
			 projectsNot later than 90
			 days after the date of the enactment of this Act, the Secretary of Housing and
			 Urban Development shall issue a proposed rulemaking, in accordance with title
			 5, United States Code, that applies the participation and certification
			 requirements for potential purchasers required under section 219 of Division G
			 of the Consolidated Appropriations Act, 2004 (Public Law 108–199; 118 Stat.
			 397) and applicable to the sale of HUD-owned multifamily housing projects and
			 the foreclosure sale of any multifamily housing securing a mortgage held by the
			 Secretary also to the sale of any multifamily housing having a mortgage that is
			 insured under the National Housing Act or for which assistance is provided
			 under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
			 under a project-based assistance contract.
		8.Transparency
			 regarding building information
			(a)Required posting
			 on web siteThe Secretary of
			 Housing and Urban Development shall make publicly available, by posting on a
			 World Wide Web site of the Department, information regarding multifamily
			 housing properties for which rental assistance is provided under section 8 of
			 the United States Housing Act of 1937 (42 U.S.C. 1437f), for which other rental
			 assistance or a subsidy is provided under a program administered by the
			 Secretary, or for which a mortgage is insured under the National Housing Act
			 (12 U.S.C. 1701 et seq.).
			(b)Required
			 informationThe information described in subsection (a) regarding
			 a property shall include—
				(1)information
			 regarding the results of physical inspections of the property, including any
			 real estate assessment center (REAC) scores for the property;
				(2)any notices,
			 plans, and information relating to the property required under the Low-Income
			 Housing Preservation and Resident Homeownership Act of 1990, including a notice
			 of intent to prepay a mortgage under section 212, information under section
			 216, a second notice of intent under section 216(d), a plan of action under
			 section 217, and notice of approval of a plan of action under section
			 225;
				(3)any notice of
			 request to terminate an insurance contract under title II of the National
			 Housing Act (12 U.S.C. 1707 et seq.) for a loan or mortgage on the
			 property;
				(4)any notice of
			 request to prepay a loan or mortgage on the property insured under title II of
			 the National Housing Act (12 U.S.C. 1707 et seq.); and
				(5)any notice under
			 section 8(c)(8) of the United States Housing Act of 1937 (42 U.S.C.
			 1437f(c)(8)) of proposed termination of an assistance contract under such
			 section for the property.
				(c)UpdatingThe
			 Secretary of Housing and Urban Development shall update the information made
			 available pursuant to this section not less than quarterly.