Short title

This Act may be cited as the

8/29 Investigation Team Act

Findings

Congress finds that— (1)Hurricanes Katrina and Rita, which struck the Gulf Coast in 2005, caused almost $200,000,000,000 in total economic losses, including insured and uninsured losses; (2)while multiple reviews have been conducted to assess the failure of each flood detection system and related infrastructure since August 2005, Congress has yet to be informed of definitive recommendations or specific proposals for action; (3)to the extent the possibility of another significant flood protection system failure with the resulting devastation and damage exists, a proper technical and investigative review is needed; and (4)the most efficient and effective approach to assessing the failure of the flood protection system and subsequent devastation is— (A)to establish a bipartisan investigation team of experts to study— (i)the management, construction, and funding of levee, flood control, coastal reconstruction, and hurricane protection projects; and (ii)the means by which the Federal Government responds to catastrophic disasters and by which the Federal Government prepares and develops contingency plans and disaster preparations; and (B)to require the Investigation Team to timely report the recommendations of the Investigation Team to Congress so that Congress can quickly identify any outstanding issues and determine a solution to protect residents of the Gulf Coast in particular and the United States in general.

Establishment of 8/29 Investigation Team

There is established a bipartisan investigation team, to be known as the 8/29 Investigation Team (referred to in this Act as the Investigation Team), to examine— (1)the events beginning on August 29, 2005; and (2)each flood control and restoration project that has been carried out— (A)since August 29, 2005; and (B)in the Gulf Coast.

Membership

(a)

Composition

The Investigation Team shall be composed of 12 members, appointed as follows: (1)2 members appointed by the President; (2)2 members appointed by the cochairpersons, in consultation with the ranking member, of the Committee on Environment and Public Works of the Senate; (3)2 members appointed by the cochairpersons, in consultation with the ranking member, of the Committee on Homeland Security and Governmental Affairs of the Senate; (4)2 members appointed by the cochairpersons, in consultation with the ranking member, of the Committee on Transportation and Infrastructure of the House of Representatives; (5)2 members appointed by the cochairpersons, in consultation with the ranking member, of the Committee on Homeland Security of the House of Representatives; and (6)2 members appointed by the Governor of the State of Louisiana, subject to confirmation by the Committee on Environment and Public Works of the Senate. (b)

Cochairpersons

(1)

Election of cochairpersons

The Investigation Team shall, by a majority of the members of the Investigation Team, elect 2 cochairpersons from the members of the Investigation Team. (2)

Political affiliation

Each cochairperson elected by the members of the Investigation Team under paragraph (1) shall be affiliated with a different political party. (c)

Prohibition

No elected official of the Federal Government shall serve as a member of the Investigation Team. (d)

Sense of Congress regarding qualifications

It is the sense of Congress that individuals appointed to the Investigation Team should be— (1)prominent United States citizens; and (2)individuals who are nationally recognized for a significant depth of experience in professions such as— (A)governmental service; (B)engineering; (C)public works; (D)wetlands restoration; (E)public administration; (F)disaster planning and recovery; and (G)environmental planning. (e)

Meetings; quorum; vacancies

(1)

Initial meeting

(A)

In general

If, on the date that is 60 days after the date of enactment of this Act, not more than 6 members of the Investigation Team have been appointed under subsection (a), the members shall meet and, if necessary, select temporary cochairpersons, who may begin the operations of the Investigation Team, including the hiring of staff. (B)

Review of actions

Each action carried out by the Investigation Team under subparagraph (A) shall be reviewed by the Investigation Team as soon as practicable after the date on which the Investigation Team is comprised of not less than 7 members. (2)

Subsequent meetings

After the initial meeting, the Investigation Team shall meet at the call of each cochairperson or a majority of the members of the Investigation Team. (3)

Quorum

7 members of the Investigation Team shall constitute a quorum. (4)

Vacancies

A vacancy on the Investigation Team— (A)shall not affect the powers of the Investigation Team; and (B)shall be filled in the same manner as the original appointment was made.

Duties of Investigation Team

The Investigation Team shall— (1)review findings and recommendations contained in all public and private studies conducted in the aftermath of the levee failures in the State of Louisiana on or after August 29, 2005, including— (A)the study entitled The Federal Response to Hurricane Katrina and dated February 2006; (B)the study entitled Performance Review of FEMA’s Disaster Management Activities in Response to Hurricane Katrina, numbered OIG–06–32, and dated March 2006; (C)the study entitled A Failure of Initiative: Final Report of the Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina (Report No. 109–377) and dated February 15, 2006; (D)the study entitled Hurricane Katrina: A Nation Still Unprepared (S. Rept. 109–322); (E)the study entitled Interagency Performance Evaluation Task Force Report and dated June 1, 2006; (F)the study entitled Prioritizing America’s Water Resources, published by the National Associations of Public Administrators, and dated February 2007; (G)the study entitled The failure of the New Orleans Levee System during Hurricane Katrina, published by Team Louisiana, and dated February 2007; and (H)the study entitled Investigation of the Performance of the New Orleans Flood Protection Systems In Hurricane Katrina on August 29, 2005, published by the Independent Levee Investigation Team, and dated July 31, 2006; (2)examine and review the ongoing exposure of the United States to the flood control system failures described in paragraph (1) and other potential future flood control system failures; and (3)submit to the President and Congress a report that contains recommendations for any necessary legislative or regulatory change that will— (A)improve the functioning of the Corps of Engineers to prevent a catastrophic flood control system failure; (B)ensure proper planning and review of the policies and procedures of Federal and State agencies to prevent such a failure in the future; (C)provide for environmental management and recovery during and after a disaster; (D)provide for the identification of each party at the Federal, State, and local levels that was responsible for each decision that helped cause the events of August 29, 2005; and (E)outline each proposal that is necessary to revise the management, planning, funding, and oversight of levee, coastal restoration, and flood control projects that are located in the disaster affected areas.

Powers of Investigation Team

(a)

In general

(1)

Hearings and evidence

In carrying out the duties of the Investigation Team under this Act, the Investigation Team, and any subcommittee or member acting under the authority of the Investigation Team, may— (A)hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Investigation Team, subcommittee, or member, as applicable, determines to be appropriate; and (B)require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Investigation Team, subcommittee, or member, as applicable, determines to be appropriate. (2)

Subpoenas

(A)

In general

A subpoena issued under paragraph (1)(B)— (i)may be issued under the signature of each cochairperson of the Investigation Team; and (ii)may be served by— (I)the chairperson of any subcommittee created by a majority of the members of the Investigation Team; (II)any member of the Investigation Team designated by a majority of the members of the Investigation Team; and (III)any person designated by each cochairperson of the Investigation Team. (B)

Applicability of Revised Statutes

Sections 102 through 104 of the Revised Statutes (2 U.S.C. 192 et seq.) shall apply in the case of a failure of any witness to comply with a subpoena or to testify when summoned under authority of this section. (b)

Contracting

The Investigation Team may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Investigation Team to carry out the duties of the Investigation Team under this Act. (c)

Information from Federal agencies

(1)

In general

The Investigation Team may secure directly from a Federal agency information the Investigation Team considers necessary to carry out this Act. (2)

Provision of information

On request of each cochairperson of the Investigation Team, the head of the agency shall provide the information to the Investigation Team. (d)

Assistance from Federal agencies

(1)

General Services Administration

The Administrator of General Services shall provide to the Investigation Team, on a reimbursable basis, administrative support and other services to assist the Investigation Team in carrying out the duties of the Investigation Team under this Act. (2)

Other departments and agencies

In addition to the assistance prescribed under paragraph (1), any other Federal department or agency may provide to the Investigation Team such services, funds, facilities, staff, and other support services as the head of the department or agency determines to be appropriate and in accordance with applicable law. (e)

Postal services

The Investigation Team may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (f)

Gifts

The Investigation Team may accept, use, and dispose of gifts or donations of services or property.

Staff of the Investigation Team

(a)

Staff

(1)

In general

The cochairpersons of the Investigation Team may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and other personnel as is necessary to enable the Investigation Team to perform the duties of the Investigation Team. (2)

Confirmation of executive director

The employment of an executive director shall be subject to confirmation by the Investigation Team. (3)

Compensation

(A)

In general

Except as provided in subparagraph (B), the cochairpersons of the Investigation Team may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (B)

Maximum rate of pay

The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (b)

Personnel as Federal employees

(1)

In general

The executive director and any personnel of the Investigation Team who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (2)

Members of Investigation Team

Paragraph (1) shall not apply to any member of the Investigation Team. (c)

Detail of Federal Government employees

(1)

In general

An employee of the Federal Government may be detailed to the Investigation Team without reimbursement. (2)

Civil service status

The detail of the employee shall be without interruption or loss of civil service status or privilege. (d)

Consultant services

The Investigation Team may procure the services of any expert or consultant, in accordance with section 3109 of title 5, United States Code, at a rate not to exceed the daily rate of pay of an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code.

Report

Not later than 180 days after the date on which all members of the Investigation Team are appointed under section 4(a), the Investigation Team shall submit to the President and Congress a final report that contains— (1)a detailed statement of the findings of the Investigation Team; and (2)any recommendations of the Investigation Team for legislative or administrative action that the Investigation Team considers appropriate.

Termination

The Investigation Team shall terminate on the date that is 60 days after the date on which the Investigation Team submits the final report under section 8.

10.

Authorization of appropriations

There is authorized to be appropriated $5,000,000 to carry out this Act.