[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3706 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3706

  To establish a National Independent Inquiry Commission on Disaster 
                       Preparedness and Response.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 8, 2005

  Mr. Hastings of Florida (for himself, Mrs. Maloney, Mr. Kennedy of 
   Rhode Island, Mr. Honda, Mr. Bishop of New York, Ms. McCollum of 
   Minnesota, Mr. Reyes, Mr. Doggett, Mr. Grijalva, Mr. Wexler, Ms. 
 Carson, Mr. Bishop of Georgia, Mr. McNulty, Mr. Inslee, Mr. Sherman, 
 Mr. Nadler, Ms. Schwartz of Pennsylvania, Mr. Conyers, Mr. Evans, Mr. 
  Price of North Carolina, Mr. Strickland, Mr. Moran of Virginia, Mr. 
  Farr, Mrs. Tauscher, Mrs. Davis of California, Mr. Markey, and Mr. 
Davis of Florida) introduced the following bill; which was referred to 
           the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
  To establish a National Independent Inquiry Commission on Disaster 
                       Preparedness and Response.

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

SECTION 1. ESTABLISHMENT OF COMMISSION.

    There is established the National Independent Inquiry Commission on 
Disaster Preparedness and Response (in this Act referred to as the 
``Commission'').

SEC. 2. PURPOSES.

    The purposes of the Commission are to--
            (1) examine, evaluate, and report on--
                    (A) the readiness and preparedness of Federal 
                Government, State, and local governments and agencies 
                to--
                            (i) respond to the dramatic effects of 
                        Hurricane Katrina, including a full and 
                        complete account of all Federal activities 
                        before and immediately after Hurricane Katrina 
                        made landfall;
                            (ii) meet power and utility infrastructure 
                        and telecommunications needs immediately 
                        following Hurricane Katrina making landfall and 
                        all future disasters; and
                            (iii) prepare for and respond to disasters 
                        of all kinds, sizes, and scopes, including 
                        natural or man-made;
                    (B) the availability of adequate resources to meet 
                the needs of displaced individuals and families, 
                including temporary housing, medical services and 
                facilities, transportation, and food and water 
                supplies; and
                    (C) the effectiveness of rescue and other life-
                saving techniques and operations and coordination 
                between the Armed Forces and Federal, State, and local 
                governments;
            (2) determine if the Federal response to Hurricane Katrina 
        was and remains coordinated, adequate, and appropriate in size 
        and scope; and
            (3) investigate and report to the President and Congress on 
        the Federal Government's failure to prepare adequately for and 
        respond to Hurricane Katrina.

SEC. 3. COMPOSITION OF THE COMMISSION.

    (a) Members.--Subject to the requirements of subsection (b), the 
Commission shall be composed of 10 members, of whom--
            (1) 1 member shall be appointed by the President, who shall 
        serve as chairman of the Commission;
            (2) 1 member shall be appointed by the leader of the House 
        of Representatives (majority or minority leader, as the case 
        may be) of the Democratic Party, in consultation with the 
        leader of the Senate (majority or minority leader, as the case 
        may be) of the Democratic Party, who shall serve as vice 
        chairman of the Commission;
            (3) 2 members shall be appointed by the senior member of 
        the Senate leadership of the Republican Party;
            (4) 2 members shall be appointed by the senior member of 
        the leadership of the House of Representatives of the 
        Republican Party;
            (5) 2 members shall be appointed by the senior member of 
        the Senate leadership of the Democratic Party; and
            (6) 2 members shall be appointed by the senior member of 
        the leadership of the House of Representatives of the 
        Democratic Party.
    (b) Qualifications.--
            (1) Political party affiliation.--Not more than 5 members 
        of the Commission shall be from the same political party.
            (2) Nongovernmental appointees.--No member of the 
        Commission shall be an officer or employee of the Federal 
        Government or any State or local government.
    (c) Deadline for Appointment.--All members of the Commission shall 
be appointed on or before December 15, 2005.
    (d) Initial Meeting.--The Commission shall meet and begin the 
operations of the Commission as soon as practicable.
    (e) Quorum; Vacancies.--After its initial meeting, the Commission 
shall meet upon the call of the Chairperson or a majority of its 
members. Eight members of the Commission shall constitute a quorum. Any 
vacancy in the Commission shall not affect its powers, but shall be 
filled in the same manner in which the original appointment was made.

SEC. 4. FUNCTIONS OF THE COMMISSION. .

    (a) In General.--The functions of the Commission are to--
            (1) investigate the effectiveness and efficiency relating 
        to the Federal preparation for and response to Hurricane 
        Katrina, including any legislation, executive order, 
        regulation, plan, policy, practice, or procedure relating to 
        the Federal Emergency Management Agency, Department of Homeland 
        Security, and all relevant disaster preparedness and response-
        related Federal programs administered by any Federal department 
        or agency;
            (2) identify, review, and evaluate the lessons learned from 
        the tragic events of Hurricane Katrina regarding the structure, 
        coordination, management policies, and procedures of the 
        Federal Government, and, if appropriate, State and local 
        governments and nongovernmental entities, relative to preparing 
        for and responding to natural disasters; and
            (3) submit to the President and Congress such reports as 
        are required by this Act containing such findings, conclusions, 
        and recommendations as the Commission shall determine, 
        including proposing organization, coordination, planning, 
        management arrangements, procedures, and regulations.
    (b) Scope of Investigation.--For purposes of subsection (a)(1), the 
term ``effectiveness and efficiency'' includes facts, plans, policies, 
and circumstances relating to--
            (1) mitigation;
            (2) flood protection;
            (3) early warning systems;
            (4) evacuation procedures;
            (5) life-saving techniques;
            (6) law enforcement;
            (7) public health;
            (8) power and utility infrastructure;
            (9) commerce, including commercial aviation and maritime;
            (10) telecommunications;
            (11) environmental protection; and
            (12) other areas of the public and private sectors 
        determined relevant by the Commission for its inquiry.

SEC. 5. POWERS OF THE COMMISSION.

    (a) Hearings and Evidence.--The Commission may, for purposes of 
carrying out this Act--
            (1) hold hearings, sit and act at times and places, take 
        testimony, receive evidence, and administer oaths; and
            (2) require, by subpoena or otherwise, the attendance and 
        testimony of witnesses and the production of books, records, 
        correspondence, memoranda, papers, and documents.
    (b) Subpoenas.--
            (1) Service.--Subpoenas issued under subsection (a)(2) may 
        be served by any person designated by the Commission.
            (2) Enforcement.--
                    (A) In general.--In the case of contumacy or 
                failure to obey a subpoena issued under subsection 
                (a)(2), the United States district court for the 
                judicial district in which the subpoenaed person 
                resides, is served, or may be found, or where the 
                subpoena is returnable, may issue an order requiring 
                such person to appear at any designated place to 
                testify or to produce documentary or other evidence. 
                Any failure to obey the order of the court may be 
                punished by the court as a contempt of that court.
                    (B) Additional enforcement.--Sections 102 through 
                104 of the Revised Statutes of the United States (2 
                U.S.C. 192 through 194) shall apply in the case of any 
                failure of any witness to comply with any subpoena or 
                to testify when summoned under authority of this 
                section.
    (c) Closed Meetings.--Notwithstanding any other provision of law 
which would require meetings of the Commission to be open to the 
public, any portion of a meeting of the Commission may be closed to the 
public if the President determines that such portion is likely to 
disclose matters that could endanger national security.
    (d) Contracting.--The Commission may enter, to such extent and in 
such amounts as are provided in appropriation Acts, into contracts to 
enable the Commission to discharge its duties under this Act.
    (e) Information From Federal Agencies.--The Commission may secure 
directly from any department, agency, or instrumentality of the United 
States any information related to any inquiry of the Commission 
conducted under this Act. Each such department, agency, or 
instrumentality shall, to the extent authorized by law, furnish such 
information directly to the Commission upon request.
    (f) Assistance From Federal Agencies.--
            (1) General services administration.--The Administrator of 
        General Services shall provide to the Commission on a 
        reimbursable basis administrative support and other services 
        for the performance of the Commission's functions.
            (2) Other departments and agencies.--In addition to the 
        assistance prescribed in paragraph (1), departments and 
        agencies of the United States are authorized to provide to the 
        Commission such services, funds, facilities, staff, and other 
        support services as they may determine advisable and as may be 
        authorized by law.
    (g) Gifts.--The Commission, to such extent and in such amounts as 
are provided in appropriation Acts, may accept, use, and dispose of 
gifts or donations of services or property.
    (h) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as departments 
and agencies of the United States.
    (i) Powers of Subcommittees, Members, and Agents.--Any 
subcommittee, member, or agent of the Commission may take, if 
authorized by the Commission, any action which the Commission is 
authorized to take by this section.

SEC. 6. STAFF OF THE COMMISSION.

    (a) Director.--The Commission shall have a Director who shall be 
appointed by the Chairperson and the Vice Chairperson, acting jointly.
    (b) Staff.--The Chairperson, in consultation with the Vice 
Chairperson, may appoint additional personnel as may be necessary to 
enable the Commission to carry out its functions.
    (c) Applicability of Certain Civil Service Laws.--The Director and 
staff of the Commission may be appointed without regard to the 
provisions of title 5, United States Code, governing appointments in 
the competitive service, and may be paid without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 of such title 
relating to classification and General Schedule pay rates; except that 
no rate of pay fixed under this subsection may exceed the equivalent of 
that payable for a position at level V of the Executive Schedule under 
section 5316 of title 5, United States Code. Any individual appointed 
under subsection (a) or (b) shall be treated as an employee for 
purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such title.
    (d) Detailees.--Any Federal Government employee may be detailed to 
the Commission without reimbursement from the Commission, and such 
detailee shall retain the rights, status, and privileges of his or her 
regular employment without interruption.
    (e) Consultant Services.--The Commission is authorized to procure 
the services of experts and consultants in accordance with section 3109 
of title 5, United States Code, but at rates not to exceed the daily 
rate paid a person occupying a position at level IV of the Executive 
Schedule under section 5315 of title 5, United States Code.

SEC. 7. COMPENSATION AND TRAVEL EXPENSES.

    (a) Compensation.--Each member of the Commission may be compensated 
at not to exceed the daily equivalent of the annual rate of basic pay 
in effect for a position at level IV of the Executive Schedule under 
section 5315 of title 5, United States Code, for each day during which 
that member is engaged in the actual performance of the duties of the 
Commission.
    (b) Travel Expenses.--While away from their homes or regular places 
of business in the performance of services for the Commission, members 
of the Commission shall be allowed travel expenses, including per diem 
in lieu of subsistence, in the same manner as persons employed 
intermittently in the Government service are allowed expenses under 
section 5703(b) of title 5, United States Code.

SEC. 8. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.

    The appropriate executive departments and agencies shall cooperate 
with the Commission in expeditiously providing to the Commission 
members and staff appropriate security clearances in a manner 
consistent with existing procedures and requirements, except that no 
person shall be provided with access to classified information under 
this section who would not otherwise qualify for such security 
clearance.

SEC. 9. REPORTS OF THE COMMISSION; TERMINATION.

    (a) Initial Report.--Not later than 1 year after the date of the 
first meeting of the Commission, the Commission shall submit to the 
President and Congress an initial report containing such findings, 
conclusions, and recommendations for corrective measures as have been 
agreed to by a majority of Commission members.
    (b) Final Report.--Not later than 6 months after the submission of 
the initial report of the Commission, the Commission shall submit to 
the President and Congress a final report containing such findings, 
conclusions, and recommendations for corrective measures as have been 
agreed to by a majority of Commission members.
    (c) Termination.--
            (1) In general.--The Commission, and all the authorities of 
        this Act, shall terminate 60 days after the date on which the 
        final report is submitted under subsection (b).
            (2) Administrative activities before termination.--The 
        Commission may use the 60-day period referred to in paragraph 
        (1) for the purpose of concluding its activities, including 
        providing testimony to committees of Congress concerning its 
        reports and disseminating the final report.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Commission to carry 
out this Act $3,000,000. Such funds shall remain available until 
expended.
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