[Congressional Record Volume 151, Number 116 (Thursday, September 15, 2005)]
[Senate]
[Pages S10151-S10154]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PASSAGE OF H.R. 2862
Mr. FRIST. Mr. President, this afternoon, the Senate passed the
Commerce,
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Justice, and Science appropriations bill with overwhelming bipartisan
support. I want to thank my colleagues for their tremendous work on
this legislation. This appropriations bill funds critical Government
functions and includes significant Katrina-related measures.
Earlier this afternoon, I had the opportunity to thank both Senators
Shelby and Mikulski for their great leadership on this bill. There was
a fair amount of juggling in terms of scheduling, given the fact that
the Judiciary hearings were underway. Everybody showed good patience,
and we produced a very good bill.
More than 350,000 families have been made homeless by the disaster
that has unfolded over the last 2 weeks. The bill we passed today
provides Federal housing assistance of up to $600 per family per month
for up to 6 months to help those families get back on their feet.
Families lost their homes, they have lost their communities, they have
lost their jobs, and many families have lost everything. Their only
possessions were contained sometimes in a single black plastic bag as
they fled their homes.
These are extraordinary circumstances and they require extraordinary
actions on our part. As you heard by the legislation that was passed,
we are acting responsibly and aggressively in meeting the needs of
those victims. Helping these families put a roof over their heads is
one aspect of the real tragedy that has unfolded.
I thank people such as Senator Snowe for her hard work to help the
small businesses recover. All of these efforts are part of this larger
effort to respond and respond aggressively.
Under the bipartisan leadership of Senator Grassley and Senator
Baucus, today the Senate passed a comprehensive tax relief package to
help spur that economic process of getting people back on their feet
and rebirth and regrowth.
The Grassley-Baucus legislation provides immediate and aggressive tax
relief to help hurricane victims build their homes, restore their
possessions, find housing, and find jobs. It allows them to dip into
their retirement plans to cover short-term expenses without being
penalized.
In addition, it promotes and rewards charitable giving. As we have
seen over the last week and a half, Americans have poured out their
hearts for the hurricane victims. In just over 2 weeks, private
individuals and businesses have donated well over $700 million in
contributions. That is increasing every day. It is truly a testament to
the character of the American people, to that wonderful spirit of the
American people, that selflessness, that unselfishness, their
compassion, and their generosity.
Here in the Senate, we are working hard to reflect those values and
to deliver swift and meaningful actions. Chairmen are working with
ranking members to finish conversations so they can forward
appropriate, well-thought-out Katrina legislation to myself and to the
minority leader for possible Senate action, and Chairman Enzi is
working with Senator Kennedy on a series of temporary education law
changes.
These measures will help tens of thousands of students affected by
Katrina, as well as the school districts that are absorbing these
displaced students.
Chairman Collins continues her work with Senator Lieberman to cut
through redtape and bureaucracy so that FEMA can quickly remove the
vast amounts of debris that have been left in the disaster's wake.
Tomorrow, in 12 hours or so, Senator Reid and I will be departing and
leading a 14-Member Senate delegation to the gulf coast. Our purpose
will be to survey the disaster sites in all three States affected by
Katrina, to visit with people who have been so dramatically affected,
both directly and indirectly, whose lives have been changed, to observe
what is being done by local officials and State officials, as well as
Federal officials on the ground.
The hurricane victims are the Senate's No. 1 priority, and it is
reflected in the legislation that we are addressing and in the time
spent both on the floor and by the various chairmen and ranking members
on committees.
We are determined that the gulf coast will be able to recover and be
rebuilt bigger, stronger, and more prosperous than ever before. It is
going to require a lot of leadership from all sectors, at the private
and public arena, and at Federal-State and local levels.
It is going to require the dedication of a lot of individuals.
I began today meeting with 100 or so leaders from across Louisiana
who already had a previously scheduled meeting to come to Washington,
DC. I met with Senator Vitter to listen to their ideas and their
thoughts at the local level of how best to contribute to this
rebuilding of this vital part of Louisiana.
Tomorrow, we will meet with people all along that southern coast of
Mississippi as well. I will actually be going to Alabama as well. It is
this dedication of individuals, the doers, the thinkers, people
thinking inside and outside the box that I am convinced will lead to
this revitalization and appropriate rebuilding. It is a massive
undertaking, but this is America and we like our challenges big. We can
respond in an appropriately big way. We will make history proud.
In about 30 minutes, the President will be addressing the Nation on
many of these same issues. I look forward to hearing that address. I
look forward to continuing to work in a bipartisan way. We have to keep
things bipartisan as we work to develop meaningful, long-term solutions
for the American people.
I had one big disappointment today, late this afternoon regarding
receiving a letter from my counterpart, the Democratic leader, whom I
know carefully considered the terms of the outcome, but I was
disappointed in that the notification was that the Senate Democrats
will boycott our proposal for a bipartisan joint congressional
investigation into the government's response to Hurricane Katrina. It
is clear the government has no greater responsibility than protecting
the security and the lives of senior citizens, and in the aftermath of
this devastating hurricane and the flood which followed we saw
government at all levels not live up to expectations, and, really, fail
at all levels.
It is our duty, and it is our responsibility in the Senate, in
Congress, to analyze and to investigate, provide aggressive oversight
in order to figure out what went wrong, in order to know what changes
must be made and to make those changes quickly and responsibly and to
keep what went wrong from ever, ever, happening again.
Congress is going to step up to this important responsibility. We
have begun that in the actions over the last 2 weeks.
Under the proposal I gave the Democrat leader, we would appoint a
select committee with the members of the Homeland Security and
Governmental Affairs Committee as members who would participate. While
the Democrat leader in his letter to me says he prefers to let the
Homeland Security Committee lead the investigation and he will continue
to support the committee's efforts, which I do, as well, he somehow
feels the select committee that our leadership has proposed, which is
made up of the very same members of that committee, Homeland Security
and Governmental Affairs Committee, will somehow fail the American
people or will somehow be partisan or will somehow not be independent.
To me, it is an abdication of our responsibility not to have this
select committee specifically made up to analyze and to investigate
what went wrong.
The proposal was modeled on some of the most serious investigations
that Congress has ever taken. Looking back to the 1973 Watergate
Committee, the 1986 Iran-Contra Committee, the 1994 and 1995 Whitewater
Committee, and the 1997 campaign finance investigation, that is the
model which I had proposed to the Democrat leader. Republicans in both
the House and Senate are prepared to fulfill our constitutional
obligations. I believe this boycott is irresponsible, it is an
abdication of our responsibility. It begins to place partisan politics
over finding answers for the American people.
We cannot wait 3 years for those answers. We need to investigate them
and analyze the problems so we will have solutions in the short term,
so we can quickly make changes and protect all
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Americans. In challenging times, our country expects its leaders to
work together and not to engage in any sort of petty bickering that
slows down the process. It is time to get it done. The American people
deserve better.
I ask unanimous consent my proposal to Senator Reid and his letter
rejecting it be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. Res.__
Resolved,
SECTION 1. ESTABLISHMENT OF SPECIAL COMMITTEE.
(a) Establishment.--There is established a special
committee administered by the Committee on Homeland Security
and Governmental Affairs to be known as the ``Special
Bipartisan Committee to Investigate the Preparation for and
Response to Hurricane Katrina'' (referred to in this
resolution as the ``special committee'').
(b) Purposes.--The purposes of the special committee are--
(1) to conduct an investigation and public hearings into,
and study of--
(A) the development, coordination, and execution by local,
State and Federal authorities of emergency response plans and
other activities in preparation for Hurricane Katrina;
(B) the Federal, State, and local government response to
Hurricane Katrina; and
(C) any other matter under the jurisdiction of the
Committee on Homeland Security and Governmental Affairs to
the extent that investigation of that matter assists the
committee in its investigation under subparagraphs (A) and
(B);
(2) to make such findings of fact and recommendations as
are warranted and appropriate; and
(3) to fulfill the constitutional oversight and
informational functions of the Congress with respect to the
matters described in this section.
SEC. 2. MEMBERSHIP AND ORGANIZATION OF THE SPECIAL COMMITTEE.
(a) Membership.--
(1) In general.--The special committee shall consist of--
(A) the members of the Committee on Homeland Security and
Governmental Affairs; and
(B) the chairman and ranking member of [TO BE SUPPLIED].
(2) Additional rules.--The special committee may adopt
additional rules or procedures not inconsistent with this
resolution or the Standing Rules of the Senate that it
determines are necessary to enable the special committee to
conduct the investigation, study, and hearings authorized by
this resolution. Any such additional rules and procedures
shall become effective upon publication in the Congressional
Record.
(b) Organization of Special Committee.--
(1) Chairman.--The chairman of the Committee on Homeland
Security and Governmental Affairs shall serve as the chairman
of the special committee (referred to in this resolution as
the ``chairman'').
(2) Ranking member.--The ranking member of the Committee on
Homeland Security and Governmental Affairs shall serve as the
ranking member of the special committee (referred to in this
resolution as the ``ranking member'').
(3) Quorum.--A majority of the members of the special
committee shall constitute a quorum for the purpose of
reporting a matter or recommendation to the Senate. A
majority of the members of the special committee, or one-
third of the members of the special committee if at least one
member of the minority party is present, shall constitute a
quorum for the conduct of other business. One member of the
special committee shall constitute a quorum for the purpose
of taking testimony.
(c) Rules and Procedures.--
(1) In general.--Except as otherwise specifically provided
in this resolution, the special committee's investigation,
study, and hearings shall be governed by the Standing Rules
of the Senate and the Rules of Procedure of the Committee on
Homeland Security and Governmental Affairs.
(2) Additional rules.--The special committee may adopt
additional rules or procedures not inconsistent with this
resolution or the Standing Rules of the Senate if the
chairman and ranking member agree that such additional rules
or procedures are necessary to enable the special committee
to conduct the investigation, study, and hearings authorized
by this resolution. Any such additional rules and procedures
shall become effective upon publication in the Congressional
Record.
SEC. 3. STAFF OF THE SPECIAL COMMITTEE.
(a) Appointments.--To assist the special committee in the
investigation, study, and hearings authorized by this
resolution, the chairman and the ranking member each may
appoint special committee staff, including consultants.
(b) Assistance From the Comptroller General.--The
Comptroller General of the United States is requested to
provide from the Government Accountability Office whatever
personnel or other appropriate assistance as may be required
by the special committee, or by the chairman or the ranking
member.
SEC. 4. POWERS OF THE SPECIAL COMMITTEE.
The special committee may exercise all of the powers and
responsibilities of a committee under rule XXVI of the
Standing Rules of the Senate and section 705 of the Ethics in
Government Act of 1978, including the following:
(1) Subpoena powers.--To issue subpoenas or orders for the
attendance of witnesses or for the production of documentary
or physical evidence before the special committee. A subpoena
or order may be authorized by the special committee or by the
chairman with the agreement of the ranking member, and may be
issued by the chairman or any other member of the special
committee designated by the chairman, and may be served by
any person designated by the chairman or the authorized
member anywhere within or outside of the borders of the
United States to the full extent permitted by law. The
chairman, or any other member of the special committee, is
authorized to administer oaths to any witnesses appearing
before the special committee. If a return on a subpoena or
order for the production of documentary or physical evidence
is incomplete or accompanied by an objection, the chairman
(in consultation with the ranking member) may convene a
meeting or hearing to determine the adequacy of the return
and to rule on the objection. At a meeting or hearing on such
a return, one member of the special committee shall
constitute a quorum. The special committee shall not initiate
procedures leading to civil or criminal enforcement of a
subpoena unless the person or entity to whom the subpoena is
directed refuses to produce the required documentary or
physical evidence after having been ordered and directed to
do so.
(2) Compensation authority.--To employ and fix the
compensation of such clerical, investigatory, legal,
technical, and other assistants as the special committee, or
the chairman or the ranking member, considers necessary or
appropriate.
(3) Meetings.--To sit and act at any time or place during
sessions, recesses, and adjournment periods of the Senate.
(4) Hearings.--To hold hearings, take testimony under oath,
and receive documentary or physical evidence relating to the
matters and questions it is authorized to investigate or
study.
(5) Testimony of witnesses.--To require by subpoena or
order the attendance, as a witness before the special
committee or at a deposition, of any person who may have
knowledge or information concerning any of the matters that
the special committee is authorized to investigate and study.
(6) Immunity.--To grant a witness immunity under sections
6002 and 6005 of title 18, United States Code.
(7) Depositions.--To take depositions and other testimony
under oath anywhere within the United States, to issue orders
that require witnesses to answer written interrogatories
under oath. All depositions shall be conducted jointly by
majority and minority staff of the special committee. A
witness at a deposition shall be examined upon oath
administered by a member of the special committee or an
individual authorized by local law to administer oaths, and a
complete transcription or electronic recording of the
deposition shall be made. Questions shall be propounded first
by majority staff of the special committee and then by
minority staff of the special committee. Any subsequent round
of questioning shall proceed in the same order. Objections by
the witness as to the form of questions shall be noted for
the record. If a witness objects to a question and refuses to
answer on the basis of relevance or privilege, the special
committee staff may proceed with the deposition, or may, at
that time or at a subsequent time, seek a ruling on the
objection from the chairman. If the chairman overrules the
objection, the chairman may order and direct the witness to
answer the question, but the special committee shall not
initiate procedures leading to civil or criminal enforcement
unless the witness refuses to answer after having been
ordered and directed to answer.
(8) Delegations to staff.--To issue commissions and to
notice depositions for staff members to examine witnesses and
to receive evidence under oath administered by an individual
authorized by local law to administer oaths. The special
committee, or the chairman with the concurrence of the
ranking member, may delegate to designated staff members of
the special committee the power to issue deposition notices
authorized pursuant to this paragraph.
(9) Information from other sources.--To require by subpoena
or order--
(A) any department, agency, entity, officer, or employee of
the United States Government;
(B) any person or entity purporting to act under color or
authority of State or local law; or
(C) any private person, firm, corporation, partnership, or
other organization;
to produce for consideration by the special committee or for
use as evidence in the investigation, study, or hearings of
the special committee, any book, check, canceled check,
correspondence, communication, document, financial record,
electronic record, paper, physical evidence, photograph,
record, recording, tape, or any other material relating to
any of the matters or questions that the special committee is
authorized to investigate and study which any such person or
entity may possess or control.
(10) Recommendations to the senate.--To make to the Senate
any recommendations,
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by report or resolution, including recommendations for
criminal or civil enforcement, which the special committee
may consider appropriate with respect to--
(A) the willful failure or refusal of any person to appear
before it, or at a deposition, or to answer interrogatories,
in compliance with a subpoena or order;
(B) the willful failure or refusal of any person to answer
questions or give testimony during the appearance of that
person as a witness before the special committee, or at a
deposition, or in response to interrogatories; or
(C) the willful failure or refusal of--
(i) any officer or employee of the United States
Government;
(ii) any person or entity purporting to act under color or
authority of State or local law; or
(iii) any private person, partnership, firm, corporation,
or organization;
to produce before the special committee, or at a deposition,
or at any time or place designated by the committee, any
book, check, canceled check, correspondence, communication,
document, financial record, electronic record, paper,
physical evidence, photograph, record, recording, tape, or
any other material in compliance with any subpoena or order.
(11) Consultants.--To procure the temporary or intermittent
services of individual consultants, or organizations thereof.
(12) Other government personnel.--To use, on a reimbursable
basis and with the prior consent of the Government department
or agency concerned, the services of the personnel of such
department or agency.
(13) Other congressional staff.--To use, with the prior
consent of any member of the Senate or the chairman or the
ranking member of any other Senate committee or the chairman
or ranking member of any subcommittee of any committee of the
Senate, the facilities or services of the appropriate members
of the staff of such member of the Senate or other Senate
committee or subcommittee, whenever the special committee or
the chairman or the ranking member considers that such action
is necessary or appropriate to enable the special committee
to conduct the investigation, study, and hearings authorized
by this resolution.
(14) Access to information and evidence.--To permit any
members of the special committee, staff director, counsel, or
other staff members or consultants designated by the chairman
or the ranking member, access to any data, evidence,
information, report, analysis, document, or paper--
(A) that relates to any of the matters or questions that
the special committee is authorized to investigate or study
under this resolution;
(B) that is in the custody or under the control of any
department, agency, entity, officer, or employee of the
United States Government, including those which have the
power under the laws of the United States to investigate any
alleged criminal activities or to prosecute persons charged
with crimes against the United States without regard to the
jurisdiction or authority of any other Senate committee or
subcommittee; and
(C) that will assist the special committee to prepare for
or conduct the investigation, study, and hearings authorized
by this resolution.
(15) Reports of violations of law.--To report possible
violations of any law to appropriate Federal, State, or local
authorities.
(16) Expenditures.--To expend, to the extent that the
special committee determines necessary and appropriate, any
money made available to the special committee by the Senate
to carry out this resolution.
SEC. 5. SALARIES AND EXPENSES.
(a) In General.--A sum equal to not more than $500,000 for
the period beginning on the date of adoption of this
resolution and ending on February 15, 2006, shall be made
available from the contingent fund of the Senate out of the
Account for Expenses for Inquiries and Investigations for
payment of salaries and other expenses of the special
committee under this resolution, which shall include not more
than [$______] for the procurement of the services of
individual consultants or organizations thereof, in
accordance with section 4(11).
(b) Voucher Requirement.--Payment of expenses shall be
disbursed upon vouchers approved by the chairman, except that
vouchers shall not be required for the disbursement of
salaries paid at an annual rate.
SEC. 6. REPORTS; TERMINATION.
(a) Completion of Duties.--
(1) Completion.--The special committee shall make every
reasonable effort to complete, not later than February 15,
2006, the investigation, study, and hearings authorized by
section 1.
(2) Interim reports.--The special committee shall also
submit to the Senate such interim reports as it considers
appropriate.
(3) Records.--All records of the special committee shall be
transferred to the Committee on Homeland Security and
Governmental Affairs on termination of the special committee.
(b) Termination.--After submission of its final report, the
special committee shall conclude its business and close out
its affairs within 90 days.
SEC. 7. COMMITTEE JURISDICTION AND RULE XXV.
The jurisdiction of the special committee is granted
pursuant to this resolution, notwithstanding the provisions
of paragraph 1 of rule XXV of the Standing Rules of the
Senate relating to the jurisdiction of the standing
committees of the Senate.
SEC. 8. COORDINATION WITH HOUSE INVESTIGATION.
The chairman of the special committee, in conducting the
investigation and study described in section 1, shall consult
with the chairman of the House Select Committee Investigate
the Response to Hurricane Katrina conducting the parallel
investigation and study regarding meeting jointly to receive
testimony, the scheduling of hearings or issuance of
subpoenas, and joint staff interviews of key witnesses.
____
September 15, 2005.
The Hon. William Frist,
Majority Leader, U.S. Senate, Washington, DC.
Dear Bill: Thank you for providing me with your proposal to
have the Senate establish a select committee to review this
nation's preparation for and response to Hurricane Katrina.
Like you, I believe it is vitally important that we learn why
our government's leaders failed to perform one of their most
essential and basic tasks--protecting the American people
from natural or man-made disasters and swiftly coming to
their aid when such incidents occur. The survivors of this
tragedy and all Americans have a right to expect that their
leaders will make every effort to understand what went wrong
so that we can identify and implement the steps necessary to
ensure that what we witnessed this past month in the Gulf
Coast never happens again.
As you know, under regular Senate order, the Senate
Committee on Homeland Security and Governmental Affairs would
take the lead in any investigation of the government's
actions on Katrina and other disasters. This committee has
both the authority under Senate rules and the demonstrated
expertise to conduct such an investigation. At the outset of
our discussions about the best way for the Senate to proceed
on this matter, I expressed my preference for letting this
committee handle the Katrina investigation. I also said I
would be willing to consider departing from regular Senate
order to establish a select committee if I was confident such
a committee could do a better job of providing the survivors
and the American people the answers they deserve.
Unfortunately, after closely analyzing the proposal you
presented to me earlier this week I have concluded it fails
that critical test for one very. simple reason. As currently
drafted, I do not believe your proposed select committee will
conduct an independent, non-partisan investigation that will
take a hard look at actions by both the Bush Administration
and this Congress. As a result, your proposal will not
provide the American people the assurances that we have
learned every lesson from this tragedy and have developed the
corrective measures necessary to make our country more secure
in the future.
Consequently, I will continue my push for an independent,
blue ribbon commission similar to what we established in the
wake of the terrorist attacks on September 11, 2001.
Democrats and, ultimately, Republicans agreed that approach
was the best way to help the American people understand why
their government failed them that awful day. And the
commission's findings were broadly supported and embraced by
the American people and leaders of both parties because they
understood that, unlike any congressional body, the
commission was uniquely capable of asking tough questions of
both the Administration and the Congress.
Senator Clinton has proposed that we follow this proven
model in the case of Katrina and I have yet to hear a
compelling reason why we should not. At the same time, I will
also continue to support the Senate Governmental Affairs
Committee's efforts to investigate Katrina. Chairman Collins
and Ranking Member Lieberman have worked well together in a
bipartisan manner in the past and I am confident they will
continue to do so in the future.
I remain hopeful that you will eventually agree to work
with me to establish a truly independent commission to
provide the American people answers about why their
government failed them and what steps can be taken to ensure
it never happens again. The survivors of this tragedy and the
American people deserve no less.
Sincerely,
Harry Reid,
U.S. Senate.
____________________