[Congressional Record (Bound Edition), Volume 151 (2005), Part 15]
[Senate]
[Pages 20576-20579]
[From the U.S. Government Publishing Office, www.gpo.gov]




                          PASSAGE OF H.R. 2862

  Mr. FRIST. Mr. President, this afternoon, the Senate passed the 
Commerce, 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

[[Page 20577]]

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 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

[[Page 20578]]

     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, by report or resolution, including 
     recommen-
     dations 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.--

[[Page 20579]]

       (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.

                          ____________________