[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2826 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2826

    To establish the 8/29 Investigation Team to examine the events 
beginning on August 29, 2005, with respect to the failure of the flood 
 protection system in response to Hurricanes Katrina and Rita, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 7, 2008

 Ms. Landrieu introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
    To establish the 8/29 Investigation Team to examine the events 
beginning on August 29, 2005, with respect to the failure of the flood 
 protection system in response to Hurricanes Katrina and Rita, and for 
                            other purposes.

    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 ``8/29 Investigation Team Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) Hurricanes Katrina and Rita, which struck the United 
        States in 2005, caused almost $200,000,000,000 in total 
        economic losses, including insured and uninsured losses;
            (2) multiple reviews have been conducted with respect to 
        assessing the failure of each flood detection system and 
        related infrastructure since August 2005, but few definitive 
        recommendations have been offered, and Congress has not been 
        provided with specific proposals for action;
            (3) to the extent the United States continues to face the 
        possibility of another significant flood protection system 
        failure and the possible resulting devastation and damage, 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 United States.

SEC. 3. 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 the date described in paragraph (1); and
                    (B) in the region in which those events occurred.

SEC. 4. MEMBERSHIP.

    (a) Composition.--The Investigation Team shall be composed of 12 
members, of whom--
            (1) 2 members shall be appointed by the President;
            (2) 2 members shall be appointed by the cochairpersons, in 
        consultation with the Ranking Member, of the Committee on 
        Environment and Public Works of the Senate;
            (3) 2 members shall be 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 shall be 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 shall be 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 shall be 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 among the members of the 
        Investigation Team.
            (2) Political affiliation.--Each cochairperson elected by 
        the members of the Investigation Team under paragraph (1) shall 
        not both be affiliated with the same 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.

SEC. 5. 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, but not limited to--
                    (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 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.

SEC. 6. 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 such information as 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.

SEC. 7. 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 
        such other additional personnel as are 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.

SEC. 8. 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 determines to be appropriate.

SEC. 9. 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.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

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