SEC. 2. DEFINITION. 
For purposes of this Act, the term ‘‘Commission’’ 
means the Commission established under this Act. 
SEC. 3. ESTABLISHMENT OF COMMISSION. 
(a) ESTABLISHMENT.—The President shall establish 
an independent, nonpartisan Commission within the exec-
utive branch to discover and assess the circumstances re-
lated to the damage caused by Hurricane Katrina on or 
between Friday, August 26, 2005, and Tuesday, August 
30, 2005. 
(b) DEADLINE FOR ESTABLISHMENT.—The Presi-
dent shall issue an executive order establishing a Commis-
sion within 30 days after the date of enactment of this 
Act. 
SEC. 4. COMPOSITION OF COMMISSION. 
(a) NUMBER OF COMMISSIONERS.—The Commission 
shall consist of 15 members. 
(b) SELECTION.—The members of the Commission 
shall be chosen in the following manner: 
(1) The President of the United States Con-
ference of Mayors shall be a member of the Commis-
sion. 
(2) The President shall appoint the remaining 
14 members, and shall designate the Chairman and 
Vice Chairman of the Commission from among its 
members. 
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(3) Five of the 14 members appointed by the 
President shall be selected by the President in the 
following manner: 
(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 organiza-
tion including the largest number of emergency 
medical responders, shall each provide to the 
President a list of candidates for membership 
on the Commission. 
(B) The President shall select one of the 
candidates from each of the 5 lists for member-
ship on the Commission. 
(4)(A) No officer or employee of the Federal 
Government shall serve as a member of the Commis-
sion. 
(B) No member of the Commission shall have, 
or have pending, a contractual relationship with the 
Federal Emergency Management Agency. 
(C) The President may waive the prohibitions 
in subparagraphs (A) and (B) with respect to the se-
lection of not more than 2 members of the Commis-
sion. 
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(5) The President shall not appoint any indi-
vidual 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. 
(6) To the extent practicable, the President 
shall ensure that the members of the Commission in-
clude some individuals with experience relative to 
local government administration, as well as some in-
dividuals with investigative experience and some in-
dividuals with legal experience. 
(7) To the extent practicable, the President 
shall seek diversity in the membership of the Com-
mission. 
(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 Com-
mission. 
(d) INITIAL MEETING.—The Commission shall meet 
and begin operations as soon as practicable. 
(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 Com-
mission shall constitute a quorum. Any vacancy in the 
Commission shall not affect its powers, but shall be filled 
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in the same manner in which the original appointment was 
made. 
SEC. 5. TASKS OF THE COMMISSION. 
The Commission shall, to the extent possible, under-
take the following tasks: 
(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. 
(2) Issue a statement of an estimate as to the 
loss of life, physical and structural damage, and dis-
placement of residents as a result of the disaster. 
(3) Make recommendations for corrective ac-
tions. 
(4) Provide any additional findings or rec-
ommendations considered by the Commission to be 
important, whether or not they are related to emer-
gency disaster management. 
(5) Prepare a report to Congress, the Presi-
dent, and the public. 
SEC. 6. POWERS OF COMMISSION. 
(a) IN GENERAL.— 
(1) HEARINGS AND EVIDENCE.—The Commis-
sion or, on the authority of the Commission, any 
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subcommittee or member thereof, may, for the pur-
pose of carrying out this Act— 
(A) hold such hearings and sit and act at 
such times and places, take such testimony, re-
ceive 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, memo-
randa, 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 8 
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 
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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 con-
tumacy 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 sub-
poena is returnable, may issue an order re-
quiring such person to appear at any des-
ignated place to testify or to produce docu-
mentary or other evidence. Any failure to 
obey the order of the court may be pun-
ished by the court as a contempt of that 
court. 
(ii) ADDITIONAL ENFORCEMENT.—In 
the case of a failure of a witness to comply 
with a subpoena or to testify when sum-
moned under authority of this section, the 
Commission may, by majority vote, certify 
a statement of fact constituting such fail-
ure to the appropriate United States attor-
ney, who may bring the matter before a 
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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 appropria-
tion 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 may secure 
directly from any executive department, bureau, 
agency, board, commission, office, independent es-
tablishment, or instrumentality of the Government, 
information, suggestions, estimates, and statistics 
for the purposes of this Act. Each department, bu-
reau, agency, board, commission, office, independent 
establishment, or instrumentality shall, to the extent 
authorized by law, furnish such information, sugges-
tions, estimates, and statistics directly to the Com-
mission, 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. 
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(2) RECEIPT, HANDLING, STORAGE, AND DIS-
SEMINATION.—Information shall be received, han-
dled, stored, and disseminated by members of the 
Commission and its staff consistent with all applica-
ble 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 adminis-
trative support and other services for the perform-
ance of the Commission’s tasks. 
(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) 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. 7. PUBLIC MEETINGS, INFORMATION, AND HEARINGS. 
(a) PUBLIC MEETINGS AND RELEASE OF PUBLIC 
VERSIONS OF REPORTS.—The Commission shall— 
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(1) hold public hearings and meetings to the ex-
tent appropriate; and 
(2) release public versions of the reports re-
quired under this Act. 
(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. 
SEC. 8. STAFF OF COMMISSION. 
(a) IN GENERAL.— 
(1) APPOINTMENT AND COMPENSATION.—The 
Chairman, in consultation with Vice Chairman, in 
accordance with rules agreed upon by the Commis-
sion, 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 provi-
sions 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 Execu-
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tive 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. 
(2) PERSONNEL AS FEDERAL EMPLOYEES.— 
(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. 
(B) MEMBERS OF COMMISSION.—Subpara-
graph (A) does not apply to members of the 
Commission. 
(b) DETAILEES.—Any Federal Government em-
ployee, 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. 
(c) CONSULTANT SERVICES.—The Commission may 
procure the services of experts and consultants in accord-
ance with section 3109 of title 5, United States Code, but 
at rates not to exceed the daily rate paid a person occu-
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pying a position at level IV of the Executive Schedule 
under section 5315 of title 5, United States Code. 
SEC. 9. COMPENSATION AND TRAVEL EXPENSES. 
(a) COMPENSATION.—Each member of the Commis-
sion may be compensated at not to exceed the daily equiva-
lent 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 Commis-
sion shall be allowed travel expenses, including per diem 
in lieu of subsistence, in the same manner as persons em-
ployed intermittently in the Government service are al-
lowed expenses under section 5703(b) of title 5, United 
States Code. 
SEC. 10. SECURITY CLEARANCES FOR COMMISSION MEM-
BERS AND STAFF. 
The appropriate Federal agencies or departments 
shall cooperate with the Commission in expeditiously pro-
viding to the Commission members and staff appropriate 
security clearances to the extent possible pursuant to ex-
isting procedures and requirements. No person shall be 
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mony to committees of Congress concerning its re-
ports and disseminating the final report. 
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. 
Æ 
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