S 2826
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.
(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.
(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;
(D) wetlands restoration;
(E) public administration;
(F) disaster planning and recovery; and
(G) environmental planning.
(e) Meetings; Quorum; Vacancies-
(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.
(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.
(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
(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.
(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.
(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.
END
