[Congressional Record (Bound Edition), Volume 158 (2012), Part 3]
[Senate]
[Pages 3522-3528]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. COONS (for himself, Mr. Rubio, and Mr. Bingaman):
  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-

[[Page 3523]]

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 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

[[Page 3524]]

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.
       ``(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

[[Page 3525]]

     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 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.

[[Page 3526]]

  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 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

[[Page 3527]]

     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.
       (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.

[[Page 3528]]

       (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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