I 
110TH CONGRESS 
2D SESSION 
H. R. 6526 
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 pur-
poses. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 16, 2008 
Mr. MELANCON introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure 
A BILL 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘8/29 Investigation 
Team Act’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
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(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, Con-
gress has yet to be informed of definitive rec-
ommendations or specific proposals for action; 
(3) to the extent the possibility of another sig-
nificant flood protection system failure with the re-
sulting 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 re-
construction, and hurricane protection 
projects; and 
(ii) the means by which the Federal 
Government responds to catastrophic dis-
asters and by which the Federal Govern-
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ment prepares and develops contingency 
plans and disaster preparations; and 
(B) to require the Investigation Team to 
timely report the recommendations of the Inves-
tigation Team to Congress so that Congress can 
quickly identify any outstanding issues and de-
termine 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 
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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 In-
vestigation Team shall, by a majority of the mem-
bers of the Investigation Team, elect 2 cochair-
persons from the members of the Investigation 
Team. 
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(2) POLITICAL
AFFILIATION.—Each cochair-
person 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 QUALIFICA-
TIONS.—It is the sense of Congress that individuals ap-
pointed 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, 
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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, in-
cluding the hiring of staff. 
(B) REVIEW
OF
ACTIONS.—Each action 
carried out by the Investigation Team under 
subparagraph (A) shall be reviewed by the In-
vestigation 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 mem-
bers of the Investigation Team. 
(3) QUORUM.—7 members of the Investigation 
Team shall constitute a quorum. 
(4) VACANCIES.—A vacancy on the Investiga-
tion Team— 
(A) shall not affect the powers of the In-
vestigation Team; and 
(B) shall be filled in the same manner as 
the original appointment was made. 
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SEC. 5. DUTIES OF INVESTIGATION TEAM. 
The Investigation Team shall— 
(1) review findings and recommendations con-
tained 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 Re-
sponse to Hurricane Katrina’’ and dated Feb-
ruary 2006; 
(B) the study entitled ‘‘Performance Re-
view of FEMA’s Disaster Management Activi-
ties in Response to Hurricane Katrina’’, num-
bered OIG–06–32, and dated March 2006; 
(C) the study entitled ‘‘A Failure of Initia-
tive: 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 Per-
formance Evaluation Task Force Report’’ and 
dated June 1, 2006; 
(F) the study entitled ‘‘Prioritizing Amer-
ica’s Water Resources’’, published by the Na-
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tional 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 Protec-
tion 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 fail-
ures described in paragraph (1) and other potential 
future flood control system failures; and 
(3) submit to the President and Congress a re-
port that contains recommendations for any nec-
essary 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; 
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(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 Inves-
tigation Team, may— 
(A) hold such hearings and sit and act at 
such times and places, take such testimony, re-
ceive such evidence, and administer such oaths 
as the Investigation Team, subcommittee, or 
member, as applicable, determines to be appro-
priate; and 
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(B) require, by subpoena or otherwise, the 
attendance and testimony of such witnesses and 
the production of such books, records, cor-
respondence, memoranda, papers, and docu-
ments, 
as 
the 
Investigation 
Team, 
sub-
committee, or member, as applicable, deter-
mines 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 sub-
committee created by a majority of 
the members of the Investigation 
Team; 
(II) any member of the Investiga-
tion Team designated by a majority of 
the members of the Investigation 
Team; and 
(III) any person designated by 
each cochairperson of the Investiga-
tion Team. 
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(B) APPLICABILITY
OF
REVISED
STAT-
UTES.—Sections 102 through 104 of the Re-
vised 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 sum-
moned under authority of this section. 
(b) CONTRACTING.—The Investigation Team may, to 
such extent and in such amounts as are provided in appro-
priation Acts, enter into contracts to enable the Investiga-
tion 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 
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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 para-
graph (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 ter-
minate an executive director and other personnel as 
is necessary to enable the Investigation Team to per-
form the duties of the Investigation Team. 
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(2) CONFIRMATION
OF
EXECUTIVE
DIREC-
TOR.—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 In-
vestigation Team may fix the compensation of 
the executive director and other personnel with-
out regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of title 5, United 
States Code, relating to classification of posi-
tions and General Schedule pay rates. 
(B) MAXIMUM RATE OF PAY.—The rate of 
pay for the executive director and other per-
sonnel 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. 
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(2) MEMBERS
OF
INVESTIGATION
TEAM.— 
Paragraph (1) shall not apply to any member of the 
Investigation Team. 
(c) DETAIL OF FEDERAL GOVERNMENT EMPLOY-
EES.— 
(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 consult-
ant, 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 
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(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. 
Æ 
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