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.

SA 2716. Mrs. CLINTON (for herself, Ms. Mikulski, Mr. Harkin, Mr.
Lautenberg, Mr. Reed, Mr. Salazar, Mr. Obama, Mrs. Boxer, Ms. Stabenow,
Mr. Schumer, Mr. Durbin, Mrs. Feinstein, Mr. Feingold, Mr. Carper, Mr.
Johnson, Mr. Leahy, and Mr. Jeffords) submitted an amendment intended
to be proposed to amendment SA 2707 proposed by Mr. Frist (for Mr.
Grassley (for himself and Mr. Baucus)) to the bill H.R. 4297, to
provide for reconciliation pursuant to section 201(b) of the concurrent
resolution on the budget for fiscal year 2006; as follows:

At the end of the amendment, insert the following:

TITLE __--KATRINA COMMISSION

SEC. _01. ESTABLISHMENT OF COMMISSION.

There is established in the legislative branch the Katrina
Commission (in this title referred to as the ``Commission'').

SEC. _02. 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;

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(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. _03. 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. _04. 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 title containing such findings,
conclusions, and recommendations as the Commission shall
determine, including proposing organization, coordination,
planning, management arrangements, procedures, rules, and
regulations.

SEC. _05. 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 title--
(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 title.
(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

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manner and under the same conditions as departments and
agencies of the United States.

SEC. _06. 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. _07. 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. _08. 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. _09. 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
title 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 61 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 title 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.
______