[Congressional Record Volume 158, Number 43 (Thursday, March 15, 2012)]
[Senate]
[Pages S1734-S1740]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. COONS (for himself, Mr. Rubio, and Mr. Bingaman):
[[Page S1735]]
S. 2194. A bill to award grants in order to establish longitudinal
personal college readiness and savings online platforms for low-income
students; to the Committee on Health, Education, Labor, and Pensions.
Mr. COONS. Mr. President, parents in my home State of Delaware and
all across this country worry so much and work so hard for the future
of their children--for their health, their safety, their education, and
their future. I rise today as a parent of three young children and the
son and grandson of classroom teachers to talk about how we can pull
together to provide all the tools and resources parents, teachers,
mentors, and students need to understand, to afford, and to connect
with college opportunities in this country.
Why do we need a new solution to this longstanding problem of college
access? Well, let's just look at some statistics from this recent tough
recession we are still growing our way out of.
The unemployment rate amongst high school dropouts was 13 percent;
amongst those who had finished high school, 8 percent; and amongst
those who had a college degree, just 4 percent. That is an enormous
difference. That is millions of people unemployed because they didn't
finish their high school education and go on to some higher education.
In the new global economy, Americans who don't go on to college have
less than $1 million in lifetime earning potential compared to those
who do go to college. That $1 million difference is something that--if
parents and teachers and students were aware of it at the beginning of
their education--it might drive them to make very different choices.
As a Senator, I have met with dozens of folks who lead companies or
who are innovators and job creators who have said they have vacant
positions they can't fill because we are not graduating enough
Americans with advanced degrees and training in critical
opportunities--engineering, science, technology, and math.
Filling the gap of opportunity by connecting students, teachers,
parents, and mentors and creating a new generation of higher education
achievers is something we can and should do to help create a
competitive economy and workforce for the future. That is why today I
am introducing the American Dream Accounts Act of 2012. This
legislation encourages partnerships between schools, colleges, local
nonprofits, and businesses to develop secure, Web-based, individual,
portable student accounts that contain information about each student's
academic preparedness, financial literacy, connects them to high-impact
mentoring, and is tied to a college savings account. Instead of having
each of these different resources be available to students separately,
it connects them across existing silos and across existing education
programs at the State and Federal level and, by connecting across these
different silos, deploys a powerful new tool and resource for students,
teachers, parents, and mentors.
This bill is a modest but I think powerful step toward helping more
students of all income levels and backgrounds access, afford, and
complete a college education. And I am grateful to Senator Rubio of
Florida and to Senator Bingaman of New Mexico in joining me as original
cosponsors of this innovative solution.
Too many American kids today are cut off from the enormous potential
and value of higher education. Today, just about 1 out of 10 children
from low-income families will complete a college degree by the time
they are 24. As I have already said, the economic consequences of that
are one of the main drivers of unemployment and poverty in our modern
economy. But with early action, with early engagement, we can help
millions of Americans beat those odds.
Many years ago, early in my career, I had the opportunity to work
with something called the national I Have a Dream Foundation, founded
by Gene Lang, through which my family and I adopted a whole class of
elementary kids from the East Side of Wilmington. All over this
country, more than 100 similar groups, motivated individuals, and
donors have engaged in sponsoring college education opportunities for
kids beginning at a very early age.
What I saw firsthand in the dozen years I was actively engaged with
the 50 kids in our I Have a Dream program was that young people who
come from a community, a family, a school where there is little to no
experience of college education get powerful and negative messages from
an early age that college is not for them, that it is not affordable,
that it is not accessible, and that it is not part of the plan for
their future.
Similarly, kids who grow up in families where their parents went to
school, their teachers went to school, went to college, get constant
messages--subtle but powerful messages--about the value and importance
of college. Folks who come from those backgrounds--whether it is
college sports or pride in their own graduation or constant
conversations about one's alma mater or visits to college campuses--
from childhood hear about college as something that is an expected part
of life.
Very few of the 50 Dreamers my family and I worked with had any
expectation of a college education, and the most powerful thing we did
was to change that, to open the door to college as a possibility from
elementary school on. It showed and this program has shown time and
again across the country that exciting and engaging not just young
students but their parents, their teachers, and an array of mentors has
a cumulative, powerful, positive impact.
The American Dream Accounts Act will expand on this idea and use
modern social networking technology to bring together existing programs
and deliver ideas that will work for more kids. And the good news is
that by utilizing existing Department of Education funds, this
legislation comes at no additional cost to taxpayers.
What makes the American Dream Accounts Act work is the unique ability
to harness the power of currently available technology to address some
of the biggest challenges in college access--first, connectivity. The
journey from elementary school to finishing high school is long, and
the journey from there to higher education is a longer one. So many
students in our public schools all over this country disengage or even
drop out along the way because they are not connected. They attend
large and sometimes anonymous schools. Their parents are stretched too
thin in this tough economy, trying to hang on to their jobs and
housing, and, frankly, a dedicated cadre of teachers can only do so
much. These kids, as they become less and less connected to a clear
vision of their future, drop out or make choices that make it unlikely
they will finish high school and go on to college.
American dream accounts take advantage of modern technology. They are
a Facebook-inspired opportunity to deliver on secure, personalized hubs
of information that would connect these kids, sustain and support them
throughout the entire journey of education.
Second, it connects them with college savings opportunities. Senator
Roth of Delaware long served as the chairman of the Finance Committee,
and one of the greatest pieces of his legacy was the Roth IRA, helping
to empower working families to save for retirement. Part of the
American dream accounts is the idea of connecting young people to
college savings accounts. Virtually every State has college savings
programs. Yet they are not accessed by most working- and middle-class
Americans. Connecting students to college savings accounts from their
earliest ages has a powerful impact. Studies show that students who
know there is a dedicated college savings account in their name are
seven times more likely to go to college than their peers without one.
So this legislation would help open an individual savings account for
each enrolled student from the beginning of elementary school. It
matters less how much money is in the account than that students are
aware there is one.
The third piece of this program is early intervention. State and
Federal governments already spend billions of dollars on higher
education--on Pell grants at the Federal level and in my State of
Delaware on SEED grants. We provide these millions of dollars of
support to afford college, but we don't tell kids they are there until
they are in high school. Most kids have already made decisions by then
that make them ineligible to finish high school or
[[Page S1736]]
attend college. So why not tell them earlier, particularly given the
powerful potential impact of that information.
By letting children know these opportunities exist from the earliest
age, we can change outcomes.
Last is portability. One of the things I saw in my own experience
with my own Dreamers in Delaware was how often they moved and how often
overstretched teachers with full classrooms didn't get any information
or background on students who moved into their classroom halfway
through the year. So instead of being welcomed and engaged in a
positive way, they became discipline problems or were difficult to
teach. This robust, online, secure account would empower teachers to
connect with parents and mentors and understand the students who are
before them. That is why portability and persistence is an essential
feature of American dream accounts. This way, no matter what
disruptions or challenges a student might face as they travel through
education, their American dream account would travel with them.
Supportive adults, teachers, mentors, and guidance counselors would be
able to access this information, and kids would get a consistent
understanding of the value and impact of a future college education.
One of my favorite parts of drafting this legislation was the
meetings and conversations we had with those on the front lines of
education in Delaware. As a community, I heard over and over again: We
are hungry for innovative solutions. One of the many groups I met with
was the Delaware PTA. In endorsing the American Dream Accounts Act,
they said that it ``incorporates the school, the parent and the student
to ensure each child will be closely monitored with resources and
support that is needed to access a postsecondary education.''
The fact is our Nation's long-term economic competitiveness requires
a highly trained, highly educated workforce. We can meet that challenge
by connecting students with a broad array of higher education options--
vocational school, job training, community college, or a 4-year
university. This legislation will help students identify the type of
higher education that is best for them, the career they most want, and
give them the tools to get there.
I have visited with schools across Delaware, and one thing is clear.
One vision stays with me from my time at I Have a Dream to my service
as a Senator. When you ask a roomful of elementary school kids, what do
you dream of being when you grow up, they all shoot their hands in the
air and they all answer the question in the same way regardless of
their background or income or community. Every child begins with dreams
of a full, positive educational experience and career. All of our kids
start with big dreams, but the numbers show that not all of our kids
get them. The American Dream Accounts Act of 2012 is a modest but
powerful bill designed to empower students and parents of all
backgrounds to achieve those dreams from an early age.
Mr. President, I welcome support from other of my colleagues to make
this bill a reality.
______
By Ms. MURKOWSKI (for herself, Mr. Inouye, Mrs. Hutchison, Mr.
Begich, and Mr. Akaka):
S. 2197. A bill to require the attorney for the Government to
disclose favorable information to the defendant in criminal
prosecutions brought by the United States, and for other purposes; to
the Committee on the Judiciary.
Ms. MURKOWSKI. Mr. President, I ask unanimous consent that the text
of the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2197
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 ``Fairness in Disclosure of
Evidence Act of 2012''.
SEC. 2. DUTY TO DISCLOSE FAVORABLE INFORMATION.
Chapter 201 of title 18, United States Code, is amended by
adding at the end the following:
``Sec. 3014. Duty to disclose favorable information
``(a) Definitions.--In this section--
``(1) the term `covered information' means information,
data, documents, evidence, or objects that may reasonably
appear to be favorable to the defendant in a criminal
prosecution brought by the United States with respect to--
``(A) the determination of guilt;
``(B) any preliminary matter before the court before which
the criminal prosecution is pending; or
``(C) the sentence to be imposed; and
``(2) the term `prosecution team' includes, with respect to
a criminal prosecution brought by the United States--
``(A) the Executive agency, as defined in section 105 of
title 5, that brings the criminal prosecution on behalf of
the United States; and
``(B) any entity or individual, including a law enforcement
agency or official, that--
``(i) acts on behalf of the United States with respect to
the criminal prosecution;
``(ii) acts under the control of the United States with
respect to the criminal prosecution; or
``(iii) participates, jointly with the Executive agency
described in subparagraph (A), in any investigation with
respect to the criminal prosecution.
``(b) Duty to Disclose Favorable Information.--In a
criminal prosecution brought by the United States, the
attorney for the Government shall provide to the defendant
any covered information--
``(1) that is within the possession, custody, or control of
the prosecution team; or
``(2) the existence of which is known, or by the exercise
of due diligence would become known, to the attorney for the
Government.
``(c) Timing.--Except as provided in subsections (e) and
(f), the attorney for the Government shall provide to the
defendant any covered information--
``(1) without delay after arraignment and before the entry
of any guilty plea; and
``(2) if the existence of the covered information is not
known on the date of the initial disclosure under this
subsection, as soon as is reasonably practicable upon the
existence of the covered information becoming known, without
regard to whether the defendant has entered or agreed to
enter a guilty plea.
``(d) Relationship to Other Laws.--
``(1) In general.--Except as provided in paragraph (2), the
requirements under subsections (b) and (c) shall apply
notwithstanding section 3500(a) or any other provision of law
(including any rule or statute).
``(2) Classified information.--Classified information (as
defined in section 1 of the Classified Information Procedures
Act (18 U.S.C. App.)) shall be treated in accordance with the
Classified Information Procedures Act.
``(e) Protective Orders.--
``(1) In general.--Upon motion of the United States, the
court may issue an order to protect against the immediate
disclosure to a defendant of covered information otherwise
required to be disclosed under subsection (b) if--
``(A) the covered information is favorable to the defendant
solely because the covered information would provide a basis
to impeach the credibility of a potential witness; and
``(B) the United States establishes a reasonable basis to
believe that--
``(i) the identity of the potential witness is not already
known to any defendant; and
``(ii) disclosure of the covered information to a defendant
would present a threat to the safety of the potential witness
or of any other person.
``(2) Time limit.--The court may delay disclosure of
covered information under this subsection until the earlier
of--
``(A) the date that the court determines provides a
reasonable amount of time before the date set for trial
(which shall be not less than 30 days before the date set for
trial, absent a showing by the United States of compelling
circumstances); and
``(B) the date on which any requirement under paragraph (1)
ceases to exist.
``(3) Motions under seal.--The court may permit the United
States to file all or a portion of a motion under this
subsection under seal to the extent necessary to protect the
identity of a potential witness, but the United States--
``(A) may not file a motion under this subsection ex parte;
and
``(B) shall summarize any undisclosed portion of a motion
filed under this subsection for the defendant in sufficient
detail to permit the defendant a meaningful opportunity to be
heard on the motion, including the need for a protective
order or the scope of the requested protective order.
``(f) Waiver.--
``(1) In general.--A defendant may not waive a provision of
this section except in open court.
``(2) Requirements.--The court may not accept the waiver of
a provision of this section by a defendant unless the court
determines that--
``(A) the proposed waiver is knowingly, intelligently, and
voluntarily offered; and
``(B) the interests of justice require the proposed waiver.
``(g) Noncompliance.--
``(1) In general.--Before entry of judgment, upon motion of
a defendant or by the court sua sponte, if there is reason to
believe the attorney for the Government has failed to comply
with subsection (b) or subsection (c), the court shall order
the United States to show cause why the court should not find
the United States is not in compliance with subsection (b) or
subsection (c), respectively.
[[Page S1737]]
``(2) Findings.--If the court determines under paragraph
(1) that the United States is not in compliance with
subsection (b) or subsection (c), the court shall--
``(A) determine the extent of and reason for the
noncompliance; and
``(B) enter into the record the findings of the court under
subparagraph (A).
``(h) Remedies.--
``(1) Remedies required.--
``(A) In general.--If the court determines that the United
States has violated the requirement to disclose covered
information under subsection (b) or the requirement to
disclose covered information in a timely manner under
subsection (c), the court shall order an appropriate remedy.
``(B) Types of remedies.--A remedy under this subsection
may include--
``(i) postponement or adjournment of the proceedings;
``(ii) exclusion or limitation of testimony or evidence;
``(iii) ordering a new trial;
``(iv) dismissal with or without prejudice; or
``(v) any other remedy determined appropriate by the court.
``(C) Factors.--In fashioning a remedy under this
subsection, the court shall consider the totality of the
circumstances, including--
``(i) the seriousness of the violation;
``(ii) the impact of the violation on the proceeding;
``(iii) whether the violation resulted from innocent error,
negligence, recklessness, or knowing conduct; and
``(iv) the effectiveness of alternative remedies to protect
the interest of the defendant and of the public in assuring
fair prosecutions and proceedings.
``(2) Defendant's costs.--
``(A) In general.--If the court grants relief under
paragraph (1) on a finding that the violation of subsection
(b) or subsection (c) was due to negligence, recklessness, or
knowing conduct by the United States, the court may order
that the defendant, the attorney for the defendant, or,
subject to paragraph (D), a qualifying entity recover from
the United States the costs and expenses incurred by the
defendant, the attorney for the defendant, or the qualifying
entity as a result of the violation, including reasonable
attorney's fees (without regard to the terms of any fee
agreement between the defendant and the attorney for the
defendant).
``(B) Qualifying entities.--In this paragraph, the term
`qualifying entity' means--
``(i) a Federal Public Defender Organization;
``(ii) a Community Defender Organization; and
``(iii) a fund established to furnish representation to
persons financially unable to obtain adequate representation
in accordance with section 3006A.
``(C) Source of payments for costs and expenses.--Costs and
expenses ordered by a court under subparagraph (A)--
``(i) shall be paid by the Executive agency, as defined in
section 105 of title 5, that brings the criminal prosecution
on behalf of the United States, from funds appropriated to
that Executive agency; and
``(ii) may not be paid from the appropriation under section
1304 of title 31.
``(D) Payments to qualifying entities.--Costs and expenses
ordered by the court under subparagraph (A) to a qualifying
entity shall be paid--
``(i) to the Community Defender Organization that provided
the appointed attorney; or
``(ii) in the case of a Federal Public Defender
Organization or an attorney appointed under section 3006A, to
the court for deposit in the applicable appropriations
accounts of the Judiciary as a reimbursement to the funds
appropriated to carry out section 3006A, to remain available
until expended.
``(i) Standard of Review.--In any appellate proceeding
initiated by a criminal defendant presenting an issue of fact
or law under this section, the reviewing court may not find
an error arising from conduct not in compliance with this
section to be harmless unless the United States demonstrates
beyond a reasonable doubt that the error did not contribute
to the verdict obtained.''.
SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Table of Sections.--The table of sections for chapter
201 of title 18, United States Code, is amended by adding at
the end the following:
``3014. Duty to disclose favorable information.''.
(b) Demands for Production of Statements and Reports of
Witnesses.--Section 3500(a) of title 18, United States Code,
is amended by striking ``In'' and inserting ``Except as
provided in section 3014, in''.
______
By Mr. GRASSLEY (for himself, Mr. Udall of Colorado, Mr. Brown,
of Massachusetts, Mr. Harkin, Mr. Heller, Mr. Wyden, and Mr.
Bennet):
S. 2201. A bill to amend the Internal Revenue Code of 1986 to extend
the renewable energy credit; to the Committee on Finance.
Mr. GRASSLEY. Mr. President, I am proud to be joined today by a
number of my colleagues in introducing the American Energy and Job
Promotion Act, a bill to extend a tax incentive for the production of
electricity from a number of renewable sources, including wind. The
wind production tax credit is scheduled to expire at end of 2012. This
bill would extend the credit for two years, through December 31, 2014.
I am joined in this effort by Senators Mark Udall, Scott Brown, Harkin,
Heller, Wyden and Bennet.
The production tax credit is a sensible policy that promotes
homegrown energy and American manufacturing jobs. The wind industry
currently supports 75,000 American jobs and is driving as much as $20
billion in private investment. During the past 5 years, 35 percent of
all new electric generation in the United States was wind. This
expansion has directly led to the growth in domestic wind
manufacturing. There are nearly 400 manufacturing facilities today,
compared with just 30 in 2004.
The American Energy and Jobs Promotion Act would prevent a lapse in
the credit. Without an extension, as many as 37,000 jobs could be lost,
including thousands in Iowa. With national unemployment at 8.3 percent,
it would be irresponsible to send thousands of Americans employed in
the wind industry a pink slip. Unfortunately, because of the long lead
time in the production of wind equipment, many manufacturers are
already announcing layoffs.
I recognize that some have questioned the need to extend this
important credit, particularly in light of the effort to reform the tax
code. I fully support tax reform and believe we need a simpler, more
efficient tax code. However, we need to take action to support jobs and
alternative energy producers in light of the slow pace on tax reform.
This 2-year extension will provide certainty for the renewable energy
sector while recognizing that tax reform efforts could further modify
or address this incentive in the next few years.
Additionally, due to our Nation's dire fiscal situation, many of my
colleagues have rightly focused their attention on ensuring that the
deficit is not exacerbated. While in the past I have generally opposed
permanent tax increases to offset temporary tax incentives, I am
willing to work with my colleagues to extend the incentive in a manner
that minimizes its impact on the deficit.
Extension of the tax incentive is supported by the U.S. Chamber of
Commerce, the National Association of Manufacturers, Edison Electric
Institute and the American Farm Bureau Federation. A similar extension
in the House of Representatives currently has the support of 80
bipartisan cosponsors.
I encourage my colleagues to support this legislation that will
continue to grow domestic, renewable electricity, create jobs and
provide cleaner air. We must enact this extension as expeditiously as
possible. Further delay will harm our economic recovery and our energy
security.
______
By Mr. INOUYE:
S. 2202. A bill to provide for the establishment of a private,
nonprofit entity to assist the Government in providing disaster
assistance, and for other purposes; to the Committee on Homeland
Security and Governmental Affairs.
Mr. INOUYE. Mr. President, today, I rise to introduce the
Preparedness and Resilience Foundation Act, which establishes an
independent non-profit public charity that acts as a philanthropic
intermediary between the Federal Emergency Management Agency, FEMA, and
the private sector. The lack of appropriate mechanisms make it
difficult for FEMA to receive disaster related funds from private
sector entities. The Preparedness and Resilience Foundation is intended
to bridge this gap and improve the collaboration and coordination
between FEMA and private sector entities. The unique roles that both
the private and public sectors play is critical not only to the
leveraging of private and public resources, but to the development of
capacity and innovation models that will improve America's preparedness
and resilience to an ever-increasing world of complexity, challenges
and dangers both natural and man-made.
The measure will allow FEMA to support and carry out activities that
promote the resilience of individuals, communities, structures, and
systems against natural disasters, terrorist attacks, and other human
caused disasters. Further, the bill would build and
[[Page S1738]]
sustain the capabilities of the public, private, and civic sectors to
work together to prepare for, prevent, protect against, respond to,
recover from, and mitigate all such hazards.
Among other things, the proposed Preparedness and Resilience
Foundation would function as a 501(c)(3) nonprofit private corporation,
and not as an agency or instrument of the Federal Government. The
Foundation would establish an Endowment Fund consisting of donations
from non-federal entities or assets, to provide endowments and grants,
and to carry out its mission, and preparedness and resilience
activities. The proposed measure requires a seven-person Board of
Directors, whose sole responsibility would be to run the Foundation,
including management of its employees, and the administering of
donations to the Foundation. This legislation requires annual
performance evaluations of the Foundation.
The Preparedness and Resilience Foundation Act is modeled after the
Centers for Disease Control and Prevention, CDC, Foundation. The CDC
Foundation has become not only self-reliant to fund its activities, but
also generates millions of dollars every year to operate and award
grants to programs that help the agency meet its stated goals. I
believe similar achievements can be made under the Preparedness and
Resilience Foundation Act. Accordingly, I ask my colleagues to support
this measure, and to bring positive change and innovation to disaster
management in America.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2202
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE DEFINITIONS.
(a) Short Title.--This Act may be cited as the
``Preparedness and Resilience Foundation Act''.
(b) Definitions.--In this Act--
(1) the term ``Foundation'' means the Preparedness and
Resilience Foundation established under this Act;
(2) the terms ``Board'' and ``Chair'' mean the board of
directors of the Foundation and the Chair of the board of
directors, respectively;
(3) the terms ``Department'' and ``Secretary'' mean the
Department of Homeland Security and the Secretary of Homeland
Security, respectively;
(4) the term ``Fund'' means the Endowment Fund established
under this Act;
(5) the terms ``FEMA'' and ``Administrator'' mean the
Federal Emergency Management Agency and the Administrator
thereof, respectively; and
(6) the term ``Director'' means the executive director of
the Foundation appointed under this Act.
SEC. 2. ESTABLISHMENT AND DUTIES OF THE FOUNDATION.
(a) In General.--There is established in accordance with
this section a nonprofit private corporation to be known as
the ``Preparedness and Resilience Foundation''. The
Foundation shall not be an agency or instrumentality of the
Federal Government, and officers, employees, and members of
the board of directors of the Foundation shall not be
officers or employees of the Federal Government.
(b) Purpose of the Foundation.--The purpose of the
Foundation shall be to support and carry out activities that
promote the resilience of individuals, communities,
structures, and systems against natural disasters and
terrorist attacks and other human caused disasters, and that
build and sustain the capabilities of the public, private,
and civic sectors to work together to prepare for, prevent,
protect against, respond to, recover from, and mitigate all
such hazards.
(c) Endowment Fund.--
(1) In general.--In carrying out subsection (b), the
Foundation shall establish an Endowment Fund for providing
endowments for positions that are associated with FEMA and
dedicated to the purpose described in subsection (b). The
Fund shall consist of such donations as may be provided by
non-Federal entities and such non-Federal assets of the
Foundation (including earnings of the Foundation and the
fund) as the Foundation may elect to transfer to the Fund.
(2) Authorized expenditures of the fund.--The provision of
funding and assistance under paragraph (1) shall be the
exclusive function of the Fund. Such funds may be expended
only for the compensation of individuals holding positions
endowed by the Fund, for staff, equipment, quarters, travel,
and other expenditures that are appropriate in supporting the
positions endowed by the Fund, and for recruiting individuals
to hold the positions endowed by the Fund.
(d) Certain Activities of the Foundation.--In carrying out
subsection (b), the Foundation may provide for, with respect
to the purpose described in subsection (b)--
(1) programs of fellowships among State, local, and tribal
officials to work and study in association with each other
and FEMA or the Department;
(2) programs of international arrangements to provide
opportunities for officials of other countries engaged in
preparedness or resilience programs and activities to serve
in voluntary or reciprocal capacities in the United States in
association with FEMA or the Department, or opportunities for
employees of FEMA (or other Federal officials in the United
States) to serve in such capacities in other countries, or
both;
(3) studies, projects, and research (which may include
applied research on the effectiveness of prevention
activities, demonstration projects, and programs and projects
involving international, Federal, State, local, and tribal
governments, private sector, or non-governmental
organizations);
(4) forums for government officials and appropriate private
entities to exchange information, participation in which may
include institutions of higher education and appropriate
international or non-governmental organizations;
(5) meetings, conferences, courses, and training workshops;
(6) programs to improve the collection and analysis of data
on preparedness and resilience programs, practices,
activities, and events;
(7) programs for writing, editing, printing, and publishing
of books and other materials; and
(8) other activities to carry out the purpose described in
subsection (b).
(e) General Structure of Foundation; Nonprofit Status.--
(1) Board of directors.--The Foundation shall have a board
of directors, which shall be established and conducted in
accordance with subsection (f). The Board shall establish the
general policies of the Foundation for carrying out
subsection (b), including the establishment of the bylaws of
the Foundation.
(2) Executive director.--The Foundation shall have an
executive director, who shall be appointed by the Board, who
shall serve at the pleasure of the Board, and for whom the
Board shall establish the rate of compensation. Subject to
compliance with the policies and bylaws established by the
Board pursuant to paragraph (1), the Director shall be
responsible for the daily operations of the Foundation.
(3) Nonprofit status.--In carrying out subsection (b), the
Board shall establish such policies and bylaws under
paragraph (1), and the Director shall carry out such
activities under paragraph (2), as may be necessary to ensure
that the Foundation maintains status as an organization
that--
(A) is described in section 501(c)(3) of the Internal
Revenue Code of 1986 (26 U.S.C. 501(c)(3)); and
(B) is, under section 501(a) of such Code, exempt from
taxation.
(f) Board of Directors.--
(1) Certain bylaws.--In establishing bylaws under
subsection (e)(1), the Board shall ensure that the bylaws of
the Foundation--
(A) include policies for--
(i) the selection of the officers, employees, agents, and
contractors of the Foundation;
(ii) the acceptance and disposition of donations to the
Foundation and for, the disposition of the assets of the
Foundation, including ethical standards;
(iii) the conduct of the general operations of the
Foundation; and
(iv) writing, editing, printing, and publishing of books
and other materials, and the acquisition of patents and
licenses for devices and procedures developed by the
Foundation; and
(B) do not, including with respect to the activities
carried out under the bylaws--
(i) reflect unfavorably upon the ability of the Foundation
or FEMA to carry out its responsibilities or official duties
in a fair and objective manner; or
(ii) compromise, or appear to compromise, the integrity of
any governmental program or any officer or employee involved
in such a program.
(2) Composition.--The Board--
(A) subject to subparagraph (B), shall be composed of 7
individuals, appointed in accordance with paragraph (4),
who--
(i) collectively possess education or experience
appropriate for representing the general field of emergency
management, preparedness, or resilience, and the general
public; and
(ii) each shall be a voting member of the Board; and
(B) may, through amendments to the bylaws of the
Foundation, provide that the number of members of the Board
shall be a greater number than the number specified in
subparagraph (A).
(3) Chair.--The Board shall, from among the members of the
Board, designate an individual to serve as the chair of the
Board.
(4) Appointments, vacancies, and terms.--Subject to
subsection (j), the following shall apply to the Board:
(A) Vacancies.--Any vacancy in the membership of the Board
shall be filled by appointment by the Board, after
consideration of suggestions made by the Chair and the
Director regarding the appointment. Any such vacancy shall be
filled not later than the expiration of the 180-day period
beginning on the date on which the vacancy occurs.
(B) Term of office.--The term of office of each member of
the Board appointed under subparagraph (A) shall be 5 years.
A member of the Board may continue to serve after the
expiration of the term of the member until
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the expiration of the 180-day period beginning on the date on
which the term of the member expires.
(C) Vacancy does not affect authority.--A vacancy in the
membership of the Board shall not affect the power of the
Board to carry out the duties of the Board. If a member of
the Board does not serve the full term applicable under
subparagraph (B), the individual appointed to fill the
resulting vacancy shall be appointed for the remainder of the
subject term.
(5) Compensation.--Members of the Board may not receive
compensation for service on the Board. The members may be
reimbursed for travel, subsistence, and other necessary
expenses incurred in carrying out the duties of the Board.
(g) Certain Responsibilities of the Executive Director.--
The Director shall--
(1) hire, promote, compensate, and discharge officers and
employees of the Foundation, and define the duties of the
officers and employees;
(2) accept and administer donations to the Foundation, and
administer the assets of the Foundation;
(3) establish a process for the selection of candidates for
holding endowed positions under subsection (c);
(4) enter into such financial agreements as are appropriate
in carrying out the activities of the Foundation;
(5) take such action as may be necessary to acquire patents
and licenses for devices and procedures developed by the
Foundation and the employees of the Foundation;
(6) adopt, alter, and use a corporate seal, which shall be
judicially noticed;
(7) commence and respond to judicial proceedings in the
name of the Foundation; and
(8) exercise such other functions as are appropriate, in
the determination of the Director.
(h) General Provisions.--
(1) Authority for accepting funds.--The Administrator of
FEMA may accept and utilize, on behalf of the Federal
Government, any gift, donation, bequest, or devise of real or
personal property from the Foundation for the purpose of
aiding or facilitating the work of FEMA. Funds may be
accepted and utilized by the Administrator without regard to
whether the funds are designated as general-purpose funds or
special-purpose funds.
(2) Authority for acceptance of voluntary services.--
(A) In general.--The Administrator of FEMA may accept, on
behalf of the Federal Government, any voluntary services
provided by the Foundation for the purpose of aiding or
facilitating the work of the Federal Government. In the case
of an individual, such Administrator may accept the services
provided under this subparagraph by the individual until such
time as the private funding for such individual ends.
(B) Clarification.--The limitation established in
subparagraph (A) regarding the period of time in which
services may be accepted applies to each individual who is
not an employee of the Federal Government and who serves in
association with FEMA pursuant to financial support from the
Foundation.
(3) Administrative control.--No officer, employee, or
member of the Board may exercise any administrative or
managerial control over any Federal employee.
(4) Applicability of certain standards to non-federal
employees.--In the case of any individual who is not an
employee of the Federal Government and who serves in
association with FEMA pursuant to financial support from the
Foundation, the Foundation shall negotiate a memorandum of
understanding with the individual and the Administrator of
FEMA specifying that the individual--
(A) shall be subject to the ethical and procedural
standards regulating Federal employment, scientific
investigation, and research findings (including publications
and patents) that are required of individuals employed by
FEMA, including standards under this Act, the Ethics in
Government Act, and the Technology Transfer Act; and
(B) shall be subject to such ethical and procedural
standards under chapter 11 of title 18, United States Code
(relating to conflicts of interest), as the Administrator of
FEMA determines is appropriate, except that such memorandum
may not provide that the individual shall be subject to the
standards of section 209 of such chapter (18 U.S.C. 209).
(5) Financial conflicts of interest.--Any individual who is
an officer, employee, or member of the Board may not directly
or indirectly participate in the consideration or
determination by the Foundation of any question affecting--
(A) any direct or indirect financial interest of the
individual; or
(B) any direct or indirect financial interest of any
business organization or other entity of which the individual
is an officer or employee or in which the individual has a
direct or indirect financial interest.
(6) Audits; availability of records.--The Foundation
shall--
(A) provide for biennial audits of the financial condition
of the Foundation; and
(B) make such audits, and all other records, documents, and
other papers of the Foundation, available to the Secretary
and the Comptroller General of the United States for
examination or audit.
(7) Reports.--
(A) Annual reports.--
(i) In general.--Not later than February 1 of each fiscal
year, the Foundation shall publish a report describing the
activities of the Foundation during the preceding fiscal
year.
(ii) Content.--Each such report required under this
paragraph shall include for the fiscal year involved a
comprehensive statement of the operations, activities,
financial condition, and accomplishments of the Foundation,
including--
(I) an accounting of the use of amounts provided for under
subsection (i); and
(II) an explanation of how such funding has enhanced, and
not supplanted, FEMA core missions.
(B) Specific details.--With respect to the financial
condition of the Foundation, each report under subparagraph
(A) shall include the source, and a description of, all gifts
to the Foundation of real or personal property, and the
source and amount of all gifts to the Foundation of money.
Each such report shall include a specification of any
restrictions on the purposes for which gifts to the
Foundation may be used.
(C) Availability of reports.--The Foundation shall make
copies of each report submitted under subparagraph (A)
available--
(i) for public inspection, and shall upon request provide a
copy of the report to any individual for a charge not to
exceed the cost of providing the copy; and
(ii) to the appropriate committees of Congress.
(8) Liaison from the federal emergency management agency.--
The Administrator of FEMA shall serve as the liaison
representative of FEMA to the Board and the Foundation.
(i) Federal Funding.--
(1) Authority for annual grants.--
(A) In general.--The Administrator of FEMA shall--
(i) for fiscal year 2013, make a grant to an entity
described in subsection (j)(9) (relating to the establishment
of a committee to establish the Foundation);
(ii) for fiscal year 2014, make a grant to the committee
established under subsection (j), or if the Foundation has
been established, to the Foundation; and
(iii) for fiscal year 2015, and each fiscal year
thereafter, make a grant to the Foundation.
(B) Limitations.--A grant under subparagraph (A) may be
expended--
(i) in the case of an entity receiving the grant under
subparagraph (A)(i), only for the purpose of carrying out the
duties established in subsection (j)(9) for the entity;
(ii) in the case of the committee established under
subsection (j)(9), only for the purpose of carrying out the
duties established in subsection (j) for the committee; and
(iii) in the case of the Foundation, only for the purpose
of the administrative expenses of the Foundation.
(C) Limit on grant uses.--A grant under subparagraph (A)
may not be expended to provide amounts for the Fund.
(D) Unobligated amounts.--For the purposes described in
subparagraph (B)--
(i) any portion of the grant made under subparagraph (A)(i)
for fiscal year 2013 that remains unobligated after the
entity receiving the grant completes the duties established
in subsection (j)(9) for the entity shall be available to the
committee established under subsection (j)(9); and
(ii) any portion of a grant under subparagraph (A) made for
fiscal year 2014 that remains unobligated after such
committee completes the duties established in subsection
(j)(9) for the committee shall be available to the
Foundation.
(2) Funding for grants.--For the purpose of grants under
paragraph (1)--
(A) there is authorized to be appropriated $1,500,000 for
each fiscal year; and
(B) the Administrator of FEMA may, for each fiscal year,
make available not less than $500,000, and not more than
$1,500,000 from the amounts appropriated for the fiscal year
for the programs of FEMA.
(3) Certain restriction.--If the Foundation receives
Federal funds for the purpose of serving as a fiscal
intermediary between Federal agencies, the Foundation may not
receive such funds for the indirect costs of carrying out
such purpose in an amount exceeding 10 percent of the direct
costs of carrying out such purpose. This paragraph may not be
construed as authorizing the expenditure of any grant under
paragraph (1) for such purpose.
(4) Support services.--The Administrator of FEMA may
provide facilities, utilities, and support services to the
Foundation if it is determined by the Administrator to be
advantageous to the programs of FEMA or the Department.
(j) Committee for Establishment of Foundation.--
(1) In general.--There is established in accordance with
this subsection a committee to carry out the functions
described in paragraph (2) (referred to in this subsection as
the ``Committee'').
(2) Functions.--The functions referred to in paragraph (1)
for the Committee are as follows:
(A) To carry out such activities as may be necessary to
incorporate the Foundation under the laws of the State
involved, including serving as incorporators for the
Foundation. Such activities shall include ensuring that the
articles of incorporation for the Foundation require that the
Foundation be established and operated in accordance with the
applicable provisions of this Act.
[[Page S1740]]
(B) To ensure that the Foundation qualifies for and
maintains the nonprofit status described in subsection
(e)(3).
(C) To establish the general policies and initial bylaws of
the Foundation, which bylaws shall include the bylaws
described in subsections (e)(3) and (f)(1).
(D) To provide for the initial operation of the Foundation,
including providing for quarters, equipment, and staff.
(E) To appoint the initial members of the Board in
accordance with the requirements established in subsection
(f)(2)(A) for the composition of the Board, and in accordance
with such other qualifications as the Committee may determine
to be appropriate regarding such composition. Of the Board
members so appointed--
(i) 2 shall be appointed to serve for a term of 3 years;
(ii) 2 shall be appointed to serve for a term of 4 years;
and
(iii) 3 shall be appointed to serve for a term of 5 years.
(3) Completion of functions of the committee; initial
meeting of board.--
(A) In general.--The Committee shall complete the functions
required in paragraph (1) not later than September 30, 2014.
(B) Termination.--The Committee shall terminate upon the
expiration of the 30-day period beginning on the date on
which the Secretary determines that the functions of the
Committee have been completed.
(C) Initial meeting.--The initial meeting of the Board
shall be held not later than November 1, 2014.
(4) Composition.--The Committee shall be composed of 5
members, each of whom shall be a voting member. Of the
members of the Committee--
(A) not fewer than 2 shall have broad, general experience
in emergency management, preparedness, or resilience; and
(B) not fewer than 2 shall have broad, general experience
in nonprofit private organizations.
(5) Chairperson.--The Committee shall, from among the
members of the Committee, designate an individual to serve as
the chairperson of the Committee.
(6) Terms; vacancies.--The term of members of the Committee
shall be for the duration of the Committee. A vacancy in the
membership of the Committee shall not affect the power of the
Committee to carry out the duties of the Committee. If a
member of the Committee does not serve the full term, the
individual appointed to fill the resulting vacancy shall be
appointed for the remainder of the term subject.
(7) Compensation.--Members of the Committee may not receive
compensation for service on the Committee. Members of the
Committee may be reimbursed for travel, subsistence, and
other necessary expenses incurred in carrying out the duties
of the Committee.
(8) Committee support.--The Administrator of FEMA may, from
amounts available to the Administrator for the general
administration of FEMA, provide staff and financial support
to assist the Committee with carrying out the functions
described in paragraph (2). In providing such staff and
support, the Administrator may both detail employees and
contract for assistance.
(9) Grant for establishment of the committee.--
(A) In general.--With respect to a grant under subsection
(i)(1)(A)(i) for fiscal year 2013, an entity described in
this paragraph is a private nonprofit entity with significant
experience in domestic and international issues of emergency
management, preparedness, or resilience.
(B) Conditions.--The grant referred to in subparagraph (A)
may be made to an entity only if the entity agrees that--
(i) the entity will establish a committee that is composed
in accordance with paragraph (4); and
(ii) the entity will not select an individual for
membership on the Committee unless the individual agrees that
the Committee will operate in accordance with each of the
provisions of this subsection that relate to the operation of
the Committee.
(C) Grant terms.--The Administrator of FEMA may make a
grant referred to in subparagraph (A) only if the applicant
for the grant makes an agreement that the grant will not be
expended for any purpose other than carrying out subparagraph
(B). Such a grant may be made only if an application for the
grant is submitted to the Administrator containing such
agreement, and the application is in such form, is made in
such manner, and contains such other agreements and such
assurances and information as the Administrator determines to
be necessary to carry out this paragraph.
SEC. 3. PERFORMANCE EVALUATIONS.
(a) In General.--To ensure that the Foundation and its
grantees are meeting their objectives, the Board shall
establish and implement performance evaluations--
(1) that monitor and evaluate the performance and impact of
the Foundation program activities in a specific, measurable,
achievable, relevant, and timely fashion; and
(2) that assess the financial accountability of
appropriated and donated funds.
(b) Impact or Outcome Evaluations.--The Board shall
establish mechanisms to evaluate and assess the effectiveness
of individual programs supported by the Foundation. Impact or
outcome evaluations such as balanced scorecard, innovations
in risk reduction, and return on investment shall be employed
and reported through the annual report of the Foundation
under section 2(h)(7)(A).
(c) Use of Evaluation Results.--The Foundation shall--
(1) identify through its annual report under section
2(h)(7)(A) its greatest needs and the ways that the
Foundation or others, will use evaluation results; and
(2) use such information to set priorities for the
Foundation.
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