[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1052 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1052

To provide an option to proceed with an action in any Federal court to 
   recover actual damages for physical or property damage in a major 
disaster that proximately results from the failure or negligence of the 
Army Corps of Engineers in the design, construction, or maintenance of 
         a project for which the Corps is legally responsible.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 2007

Mr. Jefferson (for himself, Mr. Melancon, Ms. Kilpatrick, Mr. Hastings 
 of Florida, Ms. Jackson-Lee of Texas, Mr. Bishop of Georgia, Ms. Lee, 
 Mr. Clay, Ms. Millender-McDonald, Mr. Watt, Ms. Eddie Bernice Johnson 
of Texas, Mr. Wynn, Ms. Norton, Mr. Butterfield, and Mrs. Christensen) 
 introduced the following bill; which was referred to the Committee on 
 the Judiciary, and in addition to the Committee on Transportation and 
   Infrastructure, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To provide an option to proceed with an action in any Federal court to 
   recover actual damages for physical or property damage in a major 
disaster that proximately results from the failure or negligence of the 
Army Corps of Engineers in the design, construction, or maintenance of 
         a project for which the Corps is legally responsible.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Engineering Accountability 
Act of 2007''.

SEC. 2. CIVIL LIABILITY.

    (a) In General.--Notwithstanding section 2680(a) of title 28, 
United States Code, and section 3 of the Flood Control Act of 1928 (33 
U.S.C. 702c), and subject to subsection (b), an action may be brought 
only in a Federal court for actual, not punitive, damages against the 
Army Corps of Engineers for the failure or negligence by the Corps to 
design, construct, or maintain a project, adversely impacted in a major 
disaster, for which the Corps is legally responsible.
    (b) Determination of Liability.--An action brought under subsection 
(a) for monetary damages for injury or loss of property, or personal 
injury or death may proceed only if a claimant can demonstrate that--
            (1) the Corps admitted by statement or in writing that it 
        failed or was negligent in designing, constructing, or 
        maintaining a project, adversely impacted by a major disaster, 
        for which it was legally responsible; or
            (2) the independent Commission established under section 3 
        makes a determination that the Corps failed or was negligent in 
        designing, constructing, or maintaining a project, adversely 
        impacted by the major disaster, for which the Corps was legally 
        responsible.

SEC. 3. COMMISSION.

    (a) Establishment.--There is hereby established a Commission to be 
known as the Federal Engineering Accountability Commission.
    (b) Duties.--
            (1) Initial duties.--Not later than 60 days after a major 
        disaster, the Commission shall begin an investigation to 
        determine if the Corps failed or was negligent in designing, 
        constructing, or maintaining a project, adversely impacted by 
        such disaster, for which the Corps was legally responsible.
            (2) Interim duties.--Not later than 12 months after a major 
        disaster, the Committee shall complete its investigation under 
        paragraph (1).
            (3) Report.--Not later than 15 months after a major 
        disaster, the Commission shall submit a report to the Secretary 
        of the Army and the Secretary of the Department of Homeland 
        Security regarding the findings of its investigation.
    (c) Membership.--The Commission shall be composed of 7 members 
appointed by the President by and with the consent of the Senate.
    (d) Qualifications.--In appointing individuals to the Commission, 
the President shall consider--
            (1) for appointment individuals who are experts in the 
        field of civil engineering, water management, flood protection, 
        or in another related area;
            (2) the appointment of not more than 2 members who have 
        ever worked for the Army Corps of Engineers;
            (3) no appointment of a current employee of the Army Corps 
        of Engineers or the Department of Homeland Security.
    (e) Terms of Appointment.--Each member shall be appointed for a 
term of 5 years and terms may be renewed for an unlimited number of 
additional 5-year terms.
    (f) Quorum.--At least 3 members of the Commission are necessary to 
conduct an investigation after a major disaster and to make a 
determination regarding the failure or negligence of the Corps in 
designing, constructing, or maintaining a project for which it is 
legally responsible.
    (g) Travel Expenses.--Each member shall receive travel expenses, 
including per diem in lieu of subsistence, in accordance with the 
applicable provisions under subchapter I of chapter 57 of title 5, 
United States Code.
    (h) Meetings.--No later than 60 days after the occurrence of a 
major disaster, the members shall convene and begin its investigation 
and may meet as often as the members consider necessary during the 12-
month period following the major disaster.
    (i) Subpoena Power.--
            (1) In general.--The Commission may issue subpoenas 
        requiring the attendance and testimony of witnesses and the 
        production of any evidence relating to any matter under 
        investigation by the Commission. The attendance of witnesses 
        and the production of evidence may be required from any place 
        within at any designated place of hearing within the United 
        States.
            (2) Failure to obey a subpoena.--If a person refuses to 
        obey a subpoena issued under paragraph (1), the Commission may 
        apply to a United States district court for an order requiring 
        that person to appear before the Commission to give testimony, 
        produce evidence, or both, relating to the matter under 
        investigation. The application may be made within the judicial 
        district where the hearing is conducted or where that person is 
        found, resides, or transacts business. Any failure to obey the 
        order of the court may be punished by the court as civil 
        contempt.
            (3) Service of subpoenas.--The subpoenas of the Commission 
        shall be served in the manner provided for subpoenas issued by 
        a United States district court under the Federal Rules of Civil 
        Procedure for the United States district courts.
            (4) Service of process.--All process of any Federal court 
        to which application is made under paragraph (2) may be served 
        in the judicial district in which the person required to be 
        served resides or may be found.
    (j) Immunity.--Except as provided in this subsection, a person may 
not be excused from testifying or from producing evidence pursuant to a 
subpoena on the ground that the testimony or evidence required by the 
subpoena may tend to incriminate or subject that person to criminal 
prosecution. A person, after having claimed the privilege against self-
incrimination, may not be criminally prosecuted by reason of any 
transaction, matter, or thing which that person is compelled to testify 
about or produce evidence relating to, except that the person may be 
prosecuted for perjury committed during the testimony or made in the 
evidence.

SEC. 4. TIME FOR COMMENCING ACTION AGAINST THE CORPS.

    Every civil action commenced against the Army Corps of Engineers 
under section 2(a) shall be barred unless the complaint is filed with 
24 months after the earlier of the date in which--
            (1) the Corps admitted by statement or in writing that it 
        failed or was negligent in designing, constructing, or 
        maintaining a project, adversely impacted by a major disaster, 
        for which it was legally responsible; or
            (2) an independent commission established under section 3 
        makes a determination that the Corps failed or was negligent in 
        designing, constructing, or maintaining a project, adversely 
        impacted by the major disaster, for which the Corps was legally 
        responsible.

SEC. 5. NO STANDING.

    No State or local government shall have standing to bring an action 
under this Act. No insurance company shall have standing to bring an 
action under this Act to the extent that such insurance company's claim 
is founded in indemnity or recovery of claims the company has paid.

SEC. 6. BENEFITS.

    A court shall not hear evidence or reduce an award made under this 
Act for any amounts the claimant received from another party for injury 
or damages sustained in a major disaster proximately caused by the 
failure or negligence of the Army Corps of Engineers in the design, 
construction, or maintenance of a project, adversely impacted by a 
major disaster, for which the Corps is legally responsible.

SEC. 7. NO SUBROGATION.

    An insurance company shall not have the right to seek subrogation 
for a claim.

SEC. 8. MOTION FOR MANDAMUS.

    If the Commission fails to meet the deadlines specified in this 
Act, a claimant may bring a motion to seek mandamus against the 
Commission.

SEC. 9. DEFINITIONS.

    For purposes of this Act the following terms apply:
            (1) The term ``Commission'' means the Federal Engineering 
        Accountability Commission established under section 3.
            (2) The term ``Corps'' means the Army Corps of Engineers.
            (3) The term ``major disaster'' has the same meaning given 
        such term in section 102 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5122).
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