109th CONGRESS
2d Session
H. R. 6081
To provide an option to proceed with an action in any Federal court
to recover actual damages for physical or property damage in a major disaster
that proximately results from the failure or negligence of the Army Corps
of Engineers in the design, construction, or maintenance of a project for
which the Corps is legally responsible.
IN THE HOUSE OF REPRESENTATIVES
September 14, 2006
Mr. JEFFERSON introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on Transportation
and Infrastructure, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the jurisdiction
of the committee concerned
A BILL
To provide an option to proceed with an action in any Federal court
to recover actual damages for physical or property damage in a major disaster
that proximately results from the failure or negligence of the Army Corps
of Engineers in the design, construction, or maintenance of a project for
which the Corps is legally responsible.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Federal Engineering Accountability Act of
2006'.
SEC. 2. CIVIL LIABILITY.
(a) In General- Notwithstanding section 2680(a) of title 28, United States
Code, and section 3 of the Flood Control Act of 1928 (33 U.S.C. 702c), and
subject to subsection (b), an action may be brought only in a Federal court
for actual, not punitive, damages against the Army Corps of Engineers for
the failure or negligence by the Corps to design, construct, or maintain
a project, adversely impacted in a major disaster, for which the Corps is
legally responsible.
(b) Determination of Liability- An action brought under subsection (a) for
monetary damages for injury or loss of property, or personal injury or death
may proceed only if a claimant can demonstrate that--
(1) the Corps admitted by statement or in writing that it failed or was
negligent in designing, constructing, or maintaining a project, adversely
impacted by a major disaster, for which it was legally responsible; or
(2) the independent Commission established under section 3 makes a determination
that the Corps failed or was negligent in designing, constructing, or
maintaining a project, adversely impacted by the major disaster, for which
the Corps was legally responsible.
SEC. 3. COMMISSION.
(a) Establishment- There is hereby established a Commission to be known
as the Federal Engineering Accountability Commission.
(1) INITIAL DUTIES- Not later than 60 days after a major disaster, the
Commission shall begin an investigation to determine if the Corps failed
or was negligent in designing, constructing, or maintaining a project,
adversely impacted by such disaster, for which the Corps was legally responsible.
(2) INTERIM DUTIES- Not later than 12 months after a major disaster, the
Committee shall complete its investigation under paragraph (1).
(3) REPORT- Not later than 15 months after a major disaster, the Commission
shall submit a report to the Secretary of the Army and the Secretary of
the Department of Homeland Security regarding the findings of its investigation.
(c) Membership- The Commission shall be composed of 7 members appointed
by the President by and with the consent of the Senate.
(d) Qualifications- In appointing individuals to the Commission, the President
shall consider--
(1) for appointment individuals who are experts in the field of civil
engineering, water management, flood protection, or in another related
area;
(2) the appointment of not more than 2 members who have ever worked for
the Army Corps of Engineers;
(3) no appointment of a current employee of the Army Corps of Engineers
or the Department of Homeland Security.
(e) Terms of Appointment- Each member shall be appointed for a term of 5
years and terms may be renewed for an unlimited number of additional 5-year
terms.
(f) Quorum- At least 3 members of the Commission are necessary to conduct
an investigation after a major disaster and to make a determination regarding
the failure or negligence of the Corps in designing, constructing, or maintaining
a project for which it is legally responsible.
(g) Travel Expenses- Each member shall receive travel expenses, including
per diem in lieu of subsistence, in accordance with the applicable provisions
under subchapter I of chapter 57 of title 5, United States Code.
(h) Meetings- No later than 60 days after the occurrence of a major disaster,
the members shall convene and begin its investigation and may meet as often
as the members consider necessary during the 12-month period following the
major disaster.
(1) IN GENERAL- The Commission may issue subpoenas requiring the attendance
and testimony of witnesses and the production of any evidence relating
to any matter under investigation by the Commission The attendance of
witnesses and the production of evidence may be required from any place
within at any designated place of hearing within the United States.
(2) FAILURE TO OBEY A SUBPOENA- If a person refuses to obey a subpoena
issued under paragraph (1), the Commission may apply to a United States
district court for an order requiring that person to appear before the
Commission to give testimony, produce evidence, or both, relating to the
matter under investigation. The application may be made within the judicial
district where the hearing is conducted or where that person is found,
resides, or transacts business. Any failure to obey the order of the court
may be punished by the court as civil contempt.
(3) SERVICE OF SUBPOENAS- The subpoenas of the Commission shall be served
in the manner provided for subpoenas issued by a United States district
court under the Federal Rules of Civil Procedure for the United States
district courts.
(4) SERVICE OF PROCESS- All process of any Federal court to which application
is made under paragraph (2) may be served in the judicial district in
which the person required to be served resides or may be found.]
(j) Immunity- Except as provided in this subsection, a person may not be
excused from testifying or from producing evidence pursuant to a subpoena
on the ground that the testimony or evidence required by the subpoena may
tend to incriminate or subject that person to criminal prosecution. A person,
after having claimed the privilege against self-incrimination, may not be
criminally prosecuted by reason of any transaction, matter, or thing which
that person is compelled to testify about or produce evidence relating to,
except that the person may be prosecuted for perjury committed during the
testimony or made in the evidence.
SEC. 4. TIME FOR COMMENCING ACTION AGAINST THE CORPS.
Every civil action commenced against the Army Corps of Engineers under section
2(a) shall be barred unless the complaint is filed with 18 months after
the earlier of the date in which--
(1) the Corps admitted by statement or in writing that it failed or was
negligent in designing, constructing, or maintaining a project, adversely
impacted by a major disaster, for which it was legally responsible; or
(2) an independent commission established under section 3 makes a determination
that the Corps failed or was negligent in designing, constructing, or
maintaining a project, adversely impacted by the major disaster, for which
the Corps was legally responsible.
SEC. 5. NO STANDING.
No State or local government shall have standing to bring an action under
this Act. No insurance company shall have standing to bring an action under
this Act to the extent that such insurance company's claim is founded in
indemnity or recovery of claims the company has paid.
SEC. 6. BENEFITS.
A court shall not hear evidence or reduce an award made under this Act for
any amounts the claimant received from another party for injury or damages
sustained in a major disaster proximately caused by the failure or negligence
of the Army Corps of Engineers in the design, construction, or maintenance
of a project, adversely impacted by a major disaster, for which the Corps
is legally responsible.
SEC. 7. NO SUBROGATION.
An insurance company shall not have the right to seek subrogation for a
claim.
SEC. 8. MOTION FOR MANDAMUS.
If the Commission fails to meet the deadlines specified in this Act, a claimant
may bring a motion to seek mandamus against the Commission.
SEC. 9. DEFINITIONS.
For purposes of this Act the following terms apply:
(1) The term `Commission' means the Federal Engineering Accountability
Commission established under section 3.
(2) The term `Corps' means the Army Corps of Engineers.
(3) The term `major disaster' has the same meaning given such term in
section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5122).
END
