,i #aadth ,,congress #b;d ,session ,h4 ,r4 #dged ,,in ,,the ,,house ,,of ,,representatives ,march #af1 #bjaf ,mr4 ,conyers 7for himself1 ,mrs4 ,lawrence1 ,mr4 ,kildee1 ,mr4 ,clyburn1 ,mr4 ,butterfield1 ,mr4 ,grijalva1 ,mr4 ,ellison1 ,mr4 ,nadler1 ,ms4 ,lofgren1 ,ms4 ,jackson ,lee1 ,mr4 ,cohen1 ,mr4 ,johnson of ,georgia1 ,ms4 ,judy ,chu of ,california1 ,mr4 ,deutch1 ,ms4 ,bass1 ,ms4 ,del,bene1 ,ms4 ,maxine ,waters of ,california1 ,mr4 ,larson of ,connecticut1 ,mr4 ,grayson1 ,mr4 ,doggett1 ,mr4 ,al ,green of ,texas1 ,mr4 ,mc,govern1 ,mrs4 ,watson ,coleman1 ,ms4 ,plaskett1 ,mr4 ,cartwright1 ,mr4 ,hastings1 ,mr4 ,cummings1 ,ms4 ,fudge1 ,ms4 ,eddie ,bernice ,johnson of ,texas1 ,mr4 ,rush1 ,ms4 ,brown of ,florida1 and ,mr4 ,fattah7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to require the ,attorney ,general to ensure that ,state-appointed emergency financial managers do not violate ,constitutional protections and that they ensure public health and safety1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,emergency ,financial ,manager ,reform ,act of #bjaf4 #b4 ,findings ,the ,congress finds the following3 7#a7 ,local government units are charged with providing critical law enforcement1 educational training1 public safety1 and health services for the communities they serve4 7#b7 ,the mismanagement of ,federal grant money1 including conflicts of interest and abuse of discretion1 undermines the ability of local government units to provide these essential services4 7#c7 ,the ,u4,s4 ,government ,accountability ,office found that ,federal grant management operations for local government units were adversely impacted in cases where unaccountable emergency financial managers were appointed4 7#d7 ,the ,federal ,government has a strong interest in preventing the mismanagement of ,federal funds intended to support local law enforcement efforts to protect health and safety by ensuring that local government units are accountable for such funds4 7#e7 ,the appointment of an emergency financial manager may adversely impact voting rights when such appointment disproportionately affects minority communities whose local elected officials are displaced by such financial manager4 7#f7 ,the appointment of an emergency financial manager can adversely impact public health and safety priorities1 including the safety of public drinking water systems1 in instances where they are unaccountable to local elected leaders4 7#g7 ,under article ,i1 section #aj1 clause #a of the ,u4,s4 ,constitution1 a ,state is prohibited from impairing a contractual obligation4 ,in addition1 some ,state constitutions explicitly prohibit impairment of a collective bargaining agreement and accrued financial benefits under a pension plan or a retirement system4 ,such impairment is unconstitutional and a violation of law unless consented to by all parties4 #c4 ,safeguards regarding ,state appointment of an emergency financial manager 7a7 ,reduction of ,byrne-,,jag funds ,the ,attorney ,general may withhold #e percent of the funds that would otherwise be allocated to a ,state under the program under subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgej et seq47 for the fiscal year following any fiscal year in which an emergency financial manager is appointed by that ,state or continues in a previous appointment and-- 7#a7 the chief legal officer or other appropriate ,state official does not1 by the date of the appointment and every #ah months thereafter while the appointment remains in effect1 submit to the ,attorney ,general a certification that-- 7,a7 such appointment does not have the purpose nor will it have the effect of denying1 abridging1 or diluting the right to vote on account of race or color2 and 7,b7 the community for which the emergency financial manager is appointed has been given an opportunity1 by public notice issued simultaneously with the submission to the ,attorney ,general1 to submit comments in full for a period of at least #cj days with regard to subparagraph 7,a72 7#b7 the ,attorney ,general interposes an objection under paragraph 7#a77;,a7 by not later than #fj days after submission of comments under paragraph 7#a77;,b7 and the emergency financial manager thereafter continues in the appointment2 7#c7 such emergency financial manager is authorized to make decisions affecting public health or safety of the residents or employees of a local government unit1 including the disbursement of any emergency funds provided by any ,federal or ,state entity for the purpose of addressing lead or other contamination of drinking water in a public water system1 without receiving prior approval from the governor of the ,state and appropriate local elected officials2 7#d7 such emergency financial manager does not have adequate oversight in effect to ensure against conflicts of interest1 mismanagement1 and abuse of discretion by such emergency financial manager2 7#e7 such emergency financial manager is authorized to reject1 modify1 or terminate one or more terms and conditions of an existing collective bargaining agreement without mutual consent as to such rejection1 modification1 or termination by all parties to the agreement2 7#f7 such emergency financial manager is authorized to reject1 modify1 or terminate one or more terms of an existing contract without mutual consent by all parties to the contract or without submitting such rejection1 modification1 or termination for approval by a bankruptcy court under title #aa1 ,united ,states ,code2 or 7#g7 such emergency financial manager is appointed and members of the community under the jurisdiction of such appointment were not provided prior thereto-- 7,a7 an opportunity1 by public notice issued simultaneously with the submission to the ,attorney ,general required pursuant to paragraph 7#a7 for a period of at least #cj days1 to make public comment as to any conflicts of interest the proposed appointee may have1 whether the proposed appointee has the requisite experience and financial acumen1 and whether the proposed appointee is empowered to propose sources of financial assistance1 such as loans1 grants1 and revenue sharing2 and 7,b7 with the name of a ,state official to whom may be conveyed complaints about the appointee1 including complaints about any conflicts of interest1 mismanagement1 or dereliction of duty4 7b7 ,reallocation ,amounts not allocated under the program referred to in subsection 7a7 to a ,state shall1 to the extent practicable1 be reallocated under that program to the local government unit for which the emergency financial manager is appointed4 #d4 ,definitions ,in this ,act3 7#a7 ,the term emergency financial manager means any person appointed by a ,state1 including a financial control board or commission1 emergency manager1 receiver1 coordinator1 or overseer that oversees or manages a local government unit4 7#b7 ,the term local government unit includes cities1 towns1 municipalities1 school board districts1 law enforcement departments or any other body1 department1 or office which exercises authority over matters of local concern at the direction of local elected officials or governing bodies or the appointees of local elected officials or governing bodies4 7#c7 ,the term adequate oversight means1 in the case of an emergency financial manager-- 7,a7 a monthly1 publically available report1 reviewed and approved by the governor and appropriate local elected officials1 accounting for all financial activities of the emergency financial manager 7including possible conflicts of interest1 mismanagement1 and abuses of discretion7 related to the duties of the emergency financial manager2 and 7,b7 an independent ,state-approved publically available audit of the emergency financial manager's duty-related activities on an annual basis or1 if the term of an emergency financial manager is less than one year1 at least one such audit4 7#d7 ,the term ,state means any one of the several ,states4