Establishes in the legislative branch a bipartisan Katrina Commission to: (1) examine and report upon the federal, state, and local response to the devastation wrought by Hurricane Katrina in the Gulf Region of Louisiana, Mississippi, Alabama, and other affected areas; (2) evaluate and report on the information developed by all relevant governmental agencies related to Hurricane Katrina before it struck the United States and in the days and weeks following; (3) make a complete accounting of the circumstances surrounding the approach of Hurricane Katrina to the Gulf states, and the extent of the Government's preparedness for and response to it; (4) examine planning necessary for future cataclysmic events that will require a significant marshaling of federal resources, mitigation, response, and recovery to avoid significant loss of life; (5) analyze whether any decisions differed with respect to response and recovery for different communities and what problems occurred as a result of a lack of a common plan, communication structure, and centralized command structure; and (6) investigate and report to the President and Congress on immediate corrective measures that can be taken to prevent problems with federal response to future cataclysmic events.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3764 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3764
To establish a congressional commission to examine the Federal, State,
and local response to the devastation wrought by Hurricane Katrina in
the Gulf Region of the United States especially in the States of
Louisiana, Mississippi, Alabama, and other areas impacted in the
aftermath and make immediate corrective measures to improve such
responses in the future.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 14, 2005
Mr. Hastings of Florida (for himself, Mr. Menendez, Ms. Pelosi, Mr.
Hoyer, Mr. Clyburn, Ms. Slaughter, Mr. Dingell, Mr. McGovern, Ms.
Matsui, Mr. Thompson of Mississippi, Mr. Conyers, Mr. Evans, Mr. Frank
of Massachusetts, Mr. George Miller of California, Mr. Gordon, Mr.
Lantos, Mr. Larsen of Washington, Mr. Rangel, Mr. Skelton, Mr. Spratt,
Ms. Velazquez, Mr. Ackerman, Mr. Al Green of Texas, Mr. Allen, Mr.
Andrews, Mr. Baird, Ms. Baldwin, Ms. Berkley, Mr. Berry, Mr. Bishop of
Georgia, Mr. Bishop of New York, Mr. Blumenauer, Mr. Boswell, Mr. Brady
of Pennsylvania, Ms. Corrine Brown of Florida, Mr. Brown of Ohio, Mrs.
Capps, Mr. Cardin, Mr. Carnahan, Ms. Carson, Mr. Case, Mrs.
Christensen, Mr. Cleaver, Mr. Costa, Mr. Costello, Mr. Crowley, Mr.
Cummings, Mrs. Davis of California, Mr. Davis of Illinois, Ms. DeGette,
Mr. Delahunt, Ms. DeLauro, Mr. Dicks, Mr. Doggett, Mr. Emanuel, Mr.
Engel, Ms. Eshoo, Mr. Etheridge, Mr. Farr, Mr. Filner, Mr. Gene Green
of Texas, Mr. Gonzalez, Mr. Grijalva, Mr. Gutierrez, Mr. Higgins, Mr.
Hinchey, Mr. Holden, Mr. Holt, Mr. Honda, Mr. Inslee, Ms. Jackson-Lee
of Texas, Ms. Eddie Bernice Johnson of Texas, Mr. Kennedy of Rhode
Island, Mr. Kildee, Ms. Kilpatrick of Michigan, Mr. Kind, Mr. Kucinich,
Mr. Langevin, Ms. Lee, Mr. Levin, Mr. Lewis of Georgia, Mr. Lipinski,
Ms. Zoe Lofgren of California, Mrs. Lowey, Mr. Lynch, Mrs. Maloney, Mr.
Markey, Mr. Marshall, Mrs. McCarthy, Ms. McCollum of Minnesota, Mr.
McDermott, Mr. McNulty, Mr. Meehan, Mr. Meek of Florida, Mr. Meeks of
New York, Mr. Thompson of California, Mr. Miller of North Carolina, Mr.
Moran of Virginia, Mrs. Napolitano, Mr. Neal of Massachusetts, Mr.
Olver, Mr. Owens, Mr. Pallone, Mr. Pascrell, Mr. Payne, Mr. Price of
North Carolina, Mr. Reyes, Mr. Ross, Mr. Rothman, Ms. Roybal-Allard,
Mr. Ruppersberger, Mr. Rush, Mr. Ryan of Ohio, Mr. Sanders, Ms.
Schakowsky, Mr. Schiff, Ms. Schwartz of Pennsylvania, Mr. Scott of
Georgia, Mr. Scott of Virginia, Mr. Serrano, Mr. Sherman, Mr. Snyder,
Ms. Solis, Mr. Strickland, Mr. Stupak, Mrs. Tauscher, Mr. Towns, Mrs.
Jones of Ohio, Mr. Udall of New Mexico, Mr. Van Hollen, Ms. Wasserman
Schultz, Ms. Watson, Mr. Weiner, Mr. Wexler, Ms. Woolsey, Mr. Wu, Mr.
Wynn, Mr. Clay, Mr. Boucher, Mr. Ford, Mr. Davis of Tennessee, Mr.
Doyle, Mr. Udall of Colorado, Mr. Baca, Mr. Chandler, Ms. Kaptur, Mr.
Nadler, Mr. Becerra, Mr. Hinojosa, Mr. Cuellar, Mr. Stark, Mr. Tanner,
Mr. Capuano, Mr. Smith of Washington, Mr. Berman, Mr. Salazar, Mr.
Tierney, and Ms. Harman) introduced the following bill; which was
referred to the Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To establish a congressional commission to examine the Federal, State,
and local response to the devastation wrought by Hurricane Katrina in
the Gulf Region of the United States especially in the States of
Louisiana, Mississippi, Alabama, and other areas impacted in the
aftermath and make immediate corrective measures to improve such
responses in the future.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch the Katrina
Commission (in this Act referred to as the ``Commission'').
SEC. 2. COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 10 members, of
whom--
(1) 1 member shall be appointed by the President, who shall
serve as chairman of the Commission;
(2) 1 member shall be appointed by the leader of the Senate
(majority or minority leader, as the case may be) of the
Democratic Party, in consultation with the leader of the House
of Representatives (majority or minority leader, as the case
may be) of the Democratic Party, who shall serve as vice
chairman of the Commission;
(3) 2 members shall be appointed by the senior member of
the Senate leadership of the Democratic Party;
(4) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Republican Party;
(5) 2 members shall be appointed by the senior member of
the Senate leadership of the Republican Party; and
(6) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Democratic Party.
(b) Qualifications; Initial Meeting.--
(1) Political party affiliation.--Not more than 5 members
of the Commission shall be from the same political party.
(2) Nongovernmental appointees.--An individual appointed to
the Commission may not be an officer or employee of the Federal
Government or any State or local government.
(3) Other qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent
United States citizens who represent a diverse range of
citizens and enjoy national recognition and significant depth
of experience in such professions as governmental service,
emergency preparedness, mitigation planning, cataclysmic
planning and response, intergovernmental management, resource
planning, recovery operations and planning, Federal
coordination, military coordination, and other extensive
natural disaster and emergency response experience.
(4) Deadline for appointment.--All members of the
Commission shall be appointed on or before October 1, 2005.
(5) Initial meeting.--The Commission shall meet and begin
the operations of the Commission as soon as practicable.
(c) Quorum; Vacancies.--After its initial meeting, the Commission
shall meet upon the call of the chairman or a majority of its members.
Six members of the Commission shall constitute a quorum. Any vacancy in
the Commission shall not affect its powers, but shall be filled in the
same manner in which the original appointment was made.
SEC. 3. DUTIES.
The duties of the Commission are to--
(1) examine and report upon the Federal, State, and local
response to the devastation wrought by Hurricane Katrina in the
Gulf Region of the United States of America especially in the
States of Louisiana, Mississippi, Alabama, and other areas
impacted in the aftermath;
(2) ascertain, evaluate, and report on the information
developed by all relevant governmental agencies regarding the
facts and circumstances related to Hurricane Katrina prior to
striking the United States and in the days and weeks following;
(3) build upon concurrent and prior investigations of other
entities, and avoid unnecessary duplication concerning
information related to existing vulnerabilities;
(4) make a full and complete accounting of the
circumstances surrounding the approach of Hurricane Katrina to
the Gulf States, and the extent of the United States
government's preparedness for, and response to, the hurricane;
(5) planning necessary for future cataclysmic events
requiring a significant marshaling of Federal resources,
mitigation, response, and recovery to avoid significant loss of
life;
(6) an analysis as to whether any decisions differed with
respect to response and recovery for different communities,
neighborhoods, parishes, and locations and what problems
occurred as a result of a lack of a common plan, communication
structure, and centralized command structure; and
(7) investigate and report to the President and Congress on
its findings, conclusions, and recommendations for immediate
corrective measures that can be taken to prevent problems with
Federal response that occurred in the preparation for, and in
the aftermath of, Hurricane Katrina so that future cataclysmic
events are responded to adequately.
SEC. 4. FUNCTIONS OF COMMISSION.
(a) In General.--The functions of the Commission are to--
(1) conduct an investigation that--
(A) investigates relevant facts and circumstances
relating to the catastrophic impacts that Hurricane
Katrina exacted upon the Gulf Region of the United
States especially in New Orleans and surrounding
parishes, and impacted areas of Mississippi and
Alabama; and
(B) shall include relevant facts and circumstances
relating to--
(i) Federal emergency response planning and
execution at the Federal Emergency Management
Agency, the Department of Homeland Security,
the White House, and all other Federal entities
with responsibility for assisting during, and
responding to, natural disasters;
(ii) military and law enforcement response
planning and execution;
(iii) Federal mitigation plans, programs,
and policies including prior assessments of
existing vulnerabilities and exercises designed
to test those vulnerabilities;
(iv) Federal, State, and local
communication interoperability successes and
failures;
(v) past, present, and future Federal
budgetary provisions for preparedness,
mitigation, response, and recovery;
(vi) the Federal Emergency Management
Agency's response capabilities as an
independent agency and as part of the
Department of Homeland Security;
(vii) the role of congressional oversight
and resource allocation;
(viii) other areas of the public and
private sectors determined relevant by the
Commission for its inquiry; and
(ix) long-term needs for people impacted by
Hurricane Katrina and other forms of Federal
assistance necessary for large-scale recovery;
(2) identify, review, and evaluate the lessons learned from
Hurricane Katrina including coordination, management policies,
and procedures of the Federal Government, State and local
governments, and nongovernmental entities, relative to
detection, planning, mitigation, asset prepositioning, and
responding to cataclysmic natural disasters such as Hurricane
Katrina; and
(3) submit to the President and Congress such reports as
are required by this Act containing such findings, conclusions,
and recommendations as the Commission shall determine,
including proposing organization, coordination, planning,
management arrangements, procedures, rules, and regulations.
SEC. 5. POWERS OF COMMISSION.
(a) In General.--
(1) Hearings and evidence.--The Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this Act--
(A) hold such hearings and sit and act at such
times and places, take such testimony, receive such
evidence, administer such oaths; and
(B) subject to paragraph (2)(A), 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 Commission or such designated
subcommittee or designated member may determine
advisable.
(2) Subpoenas.--
(A) Issuance.--
(i) In general.--A subpoena may be issued
under this subsection only--
(I) by the agreement of the
chairman and the vice chairman; or
(II) by the affirmative vote of 6
members of the Commission.
(ii) Signature.--Subject to clause (i),
subpoenas issued under this subsection may be
issued under the signature of the chairman or
any member designated by a majority of the
Commission, and may be served by any person
designated by the chairman or by a member
designated by a majority of the Commission.
(B) Enforcement.--
(i) In general.--In the case of contumacy
or failure to obey a subpoena issued under
subsection (a), the United States district
court for the judicial district in which the
subpoenaed person resides, is served, or may be
found, or where the subpoena is returnable, may
issue an order requiring such person to appear
at any designated place to testify or to
produce documentary or other evidence. Any
failure to obey the order of the court may be
punished by the court as a contempt of that
court.
(ii) Additional enforcement.--In the case
of any failure of any witness to comply with
any subpoena or to testify when summoned under
authority of this section, the Commission may,
by majority vote, certify a statement of fact
constituting such failure to the appropriate
United States attorney, who may bring the
matter before the grand jury for its action,
under the same statutory authority and
procedures as if the United States attorney had
received a certification under sections 102
through 104 of the Revised Statutes of the
United States (2 U.S.C. 192 through 194).
(b) Contracting.--The Commission may, to such extent and in such
amounts as are provided in appropriation Acts, enter into contracts to
enable the Commission to discharge its duties under this Act.
(c) Information From Federal Agencies.--
(1) In general.--The Commission is authorized to secure
directly from any executive department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality of the Government, information, suggestions,
estimates, and statistics for the purposes of this Act. Each
department, bureau, agency, board, commission, office,
independent establishment, or instrumentality shall, to the
extent authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request made by the chairman, the chairman of
any subcommittee created by a majority of the Commission, or
any member designated by a majority of the Commission.
(2) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and
Executive orders.
(d) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States may provide to the Commission
such services, funds, facilities, staff, and other support
services as they may determine advisable and as may be
authorized by law.
(e) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(f) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
SEC. 6. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
(a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Commission.
(b) Public Meetings and Release of Public Versions of Reports.--The
Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the reports required under
section 10.
(c) Public Hearings.--Any public hearings of the Commission shall
be conducted in a manner consistent with the protection of information
provided to or developed for or by the Commission as required by any
applicable statute, regulation, or Executive order.
SEC. 7. STAFF OF COMMISSION.
(a) In General.--
(1) Appointment and compensation.--The chairman, in
consultation with the vice chairman, in accordance with rules
agreed upon by the Commission, may appoint and fix the
compensation of a staff director and such other personnel as
may be necessary to enable the Commission to carry out its
functions, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service,
and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that no
rate of pay fixed under this subsection may exceed the
equivalent of that payable for a position at level V of the
Executive Schedule under section 5316 of title 5, United States
Code.
(2) Personnel as federal employees.--
(A) In general.--The executive director and any
personnel of the Commission 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.
(B) Members of commission.--Subparagraph (A) shall
not be construed to apply to members of the Commission.
(b) Detailees.--Any Federal Government employee may be detailed to
the Commission without reimbursement from the Commission, and such
detailee shall retain the rights, status, and privileges of his or her
regular employment without interruption.
(c) Consultant Services.--The Commission is authorized to procure
the services of experts and consultants in accordance with section 3109
of title 5, United States Code, but at rates not to exceed the daily
rate paid a person occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
SEC. 8. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of the Commission may be compensated
at not to exceed the daily equivalent of the annual rate of basic pay
in effect for a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day during which
that member is engaged in the actual performance of the duties of the
Commission.
(b) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall be allowed travel expenses, including per diem
in lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703(b) of title 5, United States Code.
SEC. 9. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
The appropriate Federal agencies or departments shall cooperate
with the Commission in expeditiously providing to the Commission
members and staff appropriate security clearances to the extent
possible pursuant to existing procedures and requirements, except that
no person shall be provided with access to classified information under
this Act without the appropriate security clearances.
SEC. 10. REPORTS OF COMMISSION; TERMINATION.
(a) Interim Reports.--The Commission may submit to the President
and Congress interim reports containing such findings, conclusions, and
recommendations for corrective measures as have been agreed to by a
majority of Commission members.
(b) Final Report.--Not later than 6 months after the date of the
enactment of this Act, the Commission shall submit to the President and
Congress a final report containing such findings, conclusions, and
recommendations for corrective measures as have been agreed to by a
majority of Commission members.
(c) Termination.--
(1) In general.--The Commission, and all the authorities of
this Act, shall terminate 60 days after the date on which the
final report is submitted under subsection (b).
(2) Administrative activities before termination.--The
Commission may use the 60-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the final report.
SEC. 11. FUNDING.
(a) Emergency Appropriation of Funds.--There are authorized to be
appropriated $3,000,000 for purposes of the activities of the
Commission under this Act and such funding is designated as emergency
spending under section 402 of H. Con. Res. 95 (109th Congress).
(b) Duration of Availability.--Amounts made available to the
Commission under subsection (a) shall remain available until the
termination of the Commission.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E1846)
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
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