1.This Act may be cited as the
8/29 Investigation Team
Act
.
2.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.
3.Establishment of
8/29 Investigation TeamThere
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.
4.
(a)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)
(1)Election of
cochairpersonsThe 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)Each cochairperson elected by the members of the
Investigation Team under paragraph (1) shall not both be affiliated with the
same political party.
(c)No
elected official of the Federal Government shall serve as a member of the
Investigation Team.
(d)Sense of
Congress regarding qualificationsIt 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)
(A)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)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)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)7
members of the Investigation Team shall constitute a quorum.
(4)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.
5.Duties of
Investigation TeamThe
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.
6.Powers of
Investigation Team
(a)
(1)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)
(A)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 StatutesSections 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)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)The Investigation Team may secure directly from a Federal
agency such information as the Investigation Team considers necessary to carry
out this Act.
(2)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 AdministrationThe 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 agenciesIn 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)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)The
Investigation Team may accept, use, and dispose of gifts or donations of
services or property.
7.Staff of the
Investigation Team
(a)
(1)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 directorThe employment of an executive director shall
be subject to confirmation by the Investigation Team.
(3)
(A)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)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)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 TeamParagraph (1) shall not apply to any member of
the Investigation Team.
(c)Detail of
Federal Government employees
(1)An employee of the Federal Government may be detailed to
the Investigation Team without reimbursement.
(2)The detail of the employee shall be without interruption
or loss of civil service status or privilege.
(d)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.
8.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.
9.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 appropriationsThere is
authorized to be appropriated $5,000,000 to carry out this Act.