HR 62 IHCommentsClose CommentsPermalink

To provide for the establishment of an independent, Presidentially-appointed Commission to assess the circumstances related to the damage caused by Hurricane Katrina on or between Friday, August 26, 2005, and Tuesday, August 30, 2005.CommentsClose CommentsPermalink

January 6, 2009CommentsClose CommentsPermalink

Ms. JACKSON-LEE of Texas introduced the following bill; which was referred to the Committee on Transportation and InfrastructureCommentsClose CommentsPermalink

To provide for the establishment of an independent, Presidentially-appointed Commission to assess the circumstances related to the damage caused by Hurricane Katrina on or between Friday, August 26, 2005, and Tuesday, August 30, 2005.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Hurricane Katrina Disaster Inquiry Commission Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. DEFINITION.

For purposes of this Act, the term ‘Commission’ means the Commission established under this Act.CommentsClose CommentsPermalink

SEC. 3. ESTABLISHMENT OF COMMISSION.

(a) Establishment- The President shall establish an independent, nonpartisan Commission within the executive branch to discover and assess the circumstances related to the damage caused by Hurricane Katrina on or between Friday, August 26, 2005, and Tuesday, August 30, 2005.CommentsClose CommentsPermalink





(b) Deadline for Establishment- The President shall issue an executive order establishing a Commission within 30 days after the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 4. COMPOSITION OF COMMISSION.

(a) Number of Commissioners- The Commission shall consist of 15 members.CommentsClose CommentsPermalink





(b) Selection- The members of the Commission shall be chosen in the following manner:CommentsClose CommentsPermalink





(1) The President of the United States Conference of Mayors shall be a member of the Commission.CommentsClose CommentsPermalink





(2) The President shall appoint the remaining 14 members, and shall designate the Chairman and Vice Chairman of the Commission from among its members.CommentsClose CommentsPermalink





(3) Five of the 14 members appointed by the President shall be selected by the President in the following manner:CommentsClose CommentsPermalink





(A) The majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, the minority leader of the House of Representatives, and the President of the collective-bargaining organization including the largest number of emergency medical responders, shall each provide to the President a list of candidates for membership on the Commission.CommentsClose CommentsPermalink





(B) The President shall select one of the candidates from each of the 5 lists for membership on the Commission.CommentsClose CommentsPermalink





(4)(A) No officer or employee of the Federal Government shall serve as a member of the Commission.CommentsClose CommentsPermalink





(B) No member of the Commission shall have, or have pending, a contractual relationship with the Federal Emergency Management Agency.CommentsClose CommentsPermalink





(C) The President may waive the prohibitions in subparagraphs (A) and (B) with respect to the selection of not more than 2 members of the Commission.CommentsClose CommentsPermalink





(5) The President shall not appoint any individual as a member of the Commission who has a current or former relationship with the Federal Emergency Management Agency that the President determines would constitute a conflict of interest.CommentsClose CommentsPermalink





(6) To the extent practicable, the President shall ensure that the members of the Commission include some individuals with experience relative to local government administration, as well as some individuals with investigative experience and some individuals with legal experience.CommentsClose CommentsPermalink





(7) To the extent practicable, the President shall seek diversity in the membership of the Commission.CommentsClose CommentsPermalink





(c) Deadline for Appointment- All members of the Commission shall be appointed no later than 60 days after issuance of the executive order establishing the Commission.CommentsClose CommentsPermalink





(d) Initial Meeting- The Commission shall meet and begin operations as soon as practicable.CommentsClose CommentsPermalink





(e) Quorum; Vacancies- After its initial meeting, the Commission shall meet upon the call of the Chairman or a majority of its members. Eight 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.CommentsClose CommentsPermalink

SEC. 5. TASKS OF THE COMMISSION.

The Commission shall, to the extent possible, undertake the following tasks:CommentsClose CommentsPermalink





(1) Chronicle the trajectory of Hurricane Katrina, including the timetable and locations of its path, and the responses made by the Federal, State, and local governments.CommentsClose CommentsPermalink





(2) Issue a statement of an estimate as to the loss of life, physical and structural damage, and displacement of residents as a result of the disaster.CommentsClose CommentsPermalink





(3) Make recommendations for corrective actions.CommentsClose CommentsPermalink





(4) Provide any additional findings or recommendations considered by the Commission to be important, whether or not they are related to emergency disaster management.CommentsClose CommentsPermalink





(5) Prepare a report to Congress, the President, and the public.CommentsClose CommentsPermalink

SEC. 6. POWERS OF COMMISSION.

(a) In General-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; andCommentsClose CommentsPermalink





(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,CommentsClose CommentsPermalink





as the Commission or such designated subcommittee or designated member may determine advisable.CommentsClose CommentsPermalink





(2) SUBPOENAS-CommentsClose CommentsPermalink





(A) ISSUANCE-CommentsClose CommentsPermalink





(i) IN GENERAL- A subpoena may be issued under this subsection only--CommentsClose CommentsPermalink





(I) by the agreement of the Chairman and the Vice Chairman; orCommentsClose CommentsPermalink





(II) by the affirmative vote of 8 members of the Commission.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) ENFORCEMENT-CommentsClose CommentsPermalink





(i) IN GENERAL- In the case of contumacy or failure to obey a subpoena issued under subparagraph (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.CommentsClose CommentsPermalink





(ii) ADDITIONAL ENFORCEMENT- In the case of a failure of a witness to comply with a 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 a 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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Information From Federal Agencies-CommentsClose CommentsPermalink





(1) IN GENERAL- The Commission may 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.CommentsClose CommentsPermalink





(2) RECEIPT, HANDLING, STORAGE, AND DISSEMINATION- Information shall be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders.CommentsClose CommentsPermalink





(d) Assistance From Federal Agencies-CommentsClose CommentsPermalink





(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 tasks.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(e) 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.CommentsClose CommentsPermalink

SEC. 7. PUBLIC MEETINGS, INFORMATION, AND HEARINGS.

(a) Public Meetings and Release of Public Versions of Reports- The Commission shall--CommentsClose CommentsPermalink





(1) hold public hearings and meetings to the extent appropriate; andCommentsClose CommentsPermalink





(2) release public versions of the reports required under this Act.CommentsClose CommentsPermalink





(b) 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.CommentsClose CommentsPermalink

SEC. 8. STAFF OF COMMISSION.

(a) In General-CommentsClose CommentsPermalink





(1) APPOINTMENT AND COMPENSATION- The Chairman, in consultation with 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 paragraph 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. Employees of the Federal Emergency Management Agency shall not be appointed to the staff of the Commission.CommentsClose CommentsPermalink





(2) PERSONNEL AS FEDERAL EMPLOYEES-CommentsClose CommentsPermalink





(A) IN GENERAL- The executive director and any personnel of the Commission shall be considered 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.CommentsClose CommentsPermalink





(B) MEMBERS OF COMMISSION- Subparagraph (A) does not apply to members of the Commission.CommentsClose CommentsPermalink





(b) Detailees- Any Federal Government employee, except for an employee of the Federal Emergency Management Agency, 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.CommentsClose CommentsPermalink





(c) Consultant Services- The Commission may 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.CommentsClose CommentsPermalink

SEC. 9. 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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 10. 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. No person shall be provided with access to classified information under this Act without the appropriate security clearances.CommentsClose CommentsPermalink

SEC. 11. REPORTING REQUIREMENTS AND TERMINATION.

(a) Interim Reports- The Commission may submit to the President and Congress interim reports containing such findings, conclusions, and recommendations for corrective actions as have been agreed to by a majority of Commission members.CommentsClose CommentsPermalink





(b) Final Report- The Commission shall submit to the President and Congress, and make concurrently available to the public, a final report containing such findings, conclusions, and recommendations for corrective actions as have been agreed to by a majority of Commission members. Such report shall include any minority views or opinions not reflected in the majority report.CommentsClose CommentsPermalink





(c) Termination-CommentsClose CommentsPermalink





(1) IN GENERAL- The Commission, and all the authorities of this Act with respect to the Commission, shall terminate 60 days after the date on which the final report is submitted under subsection (b).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 12. FUNDING.

Such sums as are necessary to carry out this Act are authorized to be appropriated. Sums authorized by this Act shall remain available until the termination of the Commission.CommentsClose CommentsPermalink