text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``8/29 Investigation Team Act''.
  
  SEC. 2. FINDINGS.
  
      Congress finds that--
              (1) Hurricanes Katrina and Rita, which struck the Gulf 
          Coast in 2005, caused almost $200,000,000,000 in total economic 
          losses, including insured and uninsured losses;
              (2) while multiple reviews have been conducted to assess 
          the failure of each flood detection system and related 
          infrastructure since August 2005, Congress has yet to be 
          informed of definitive recommendations or specific proposals 
          for action;
              (3) to the extent the possibility of another significant 
          flood protection system failure with the resulting devastation 
          and damage exists, 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 Gulf Coast in particular and the 
                  United States in general.
  
  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 August 29, 2005; and
                      (B) in the Gulf Coast.
  
  SEC. 4. MEMBERSHIP.
  
      (a) Composition.--The Investigation Team shall be composed of 12 
  members, appointed as follows:
              (1) 2 members appointed by the President;
              (2) 2 members appointed by the cochairpersons, in 
          consultation with the ranking member, of the Committee on 
          Environment and Public Works of the Senate;
              (3) 2 members 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 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 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 appointed by the Governor of the State of 
          Louisiana, subject to confirmation by the Committee on 
          Environment and Public Works of the Senate.
      (b) Cochairpersons.--
              (1) Election of cochairpersons.--The Investigation Team 
          shall, by a majority of the members of the Investigation Team, 
          elect 2 cochairpersons from the members of the Investigation 
          Team.
              (2) Political affiliation.--Each cochairperson elected by 
          the members of the Investigation Team under paragraph (1) shall 
          be affiliated with a different 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;
                      (B) engineering;
                      (C) public works;
                      (D) wetlands restoration;
                      (E) public administration;
                      (F) disaster planning and recovery; and
                      (G) environmental planning.
      (e) Meetings; Quorum; Vacancies.--
              (1) Initial meeting.--
                      (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--
                      (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 the 
                  policies and procedures 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.
  
      (a) In General.--
              (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.
              (2) Subpoenas.--
                      (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
                              (ii) may be served by--
                                      (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 information 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.
  
      (a) Staff.--
              (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 
          other personnel as is 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.
              (3) Compensation.--
                      (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 considers 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.
target: 8/29 Investigation Team Act - Establishes a bipartisan 8/29 Investigation Team to examine: (1) 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 (2) each flood control and restoration project that has been carried out since that date in the Gulf Coast.
  
  Prohibits any elected federal official from serving as a Team member. Expresses the sense of Congress regarding member qualifications.
  
  Urges the Team to: (1) review findings and recommendations of all studies conducted in the aftermath of the levee failures in Louisiana on or after August 29, 2005; (2) review the ongoing U.S. exposure to flood control system failures; and (3) report on necessary legislative or regulatory changes.
feat_title: 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.