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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 775 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  1st Session
                                 S. 775

_______________________________________________________________________

                                 AN ACT

 
To establish a National Commission on the Infrastructure of the United 
                                States.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Infrastructure Improvement 
Act of 2007''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Acquisition.--The term ``acquisition'' includes any 
        necessary activities for siting a facility, equipment, 
        structures, or rolling stock by purchase, lease-purchase, 
        trade, or donation.
            (2) Commission.--The term ``Commission'' means the National 
        Commission on the Infrastructure of the United States 
        established by section 3(a).
            (3) Construction.--The term ``construction'' means--
                    (A) the design, planning, and erection of new 
                infrastructure;
                    (B) the expansion of existing infrastructure;
                    (C) the reconstruction of an infrastructure project 
                at an existing site; and
                    (D) the installation of initial or replacement 
                infrastructure equipment.
            (4) Infrastructure.--
                    (A) In general.--The term ``infrastructure'' means 
                a nonmilitary structure or facility, and any equipment 
                and any nonstructural elements associated with such a 
                structure or facility.
                    (B) Inclusions.--The term ``infrastructure'' 
                includes--
                            (i) a surface transportation facility (such 
                        as a road, bridge, highway, public 
                        transportation facility, and freight and 
                        passenger rail), as the Commission, in 
                        consultation with the National Surface 
                        Transportation Policy and Revenue Study 
                        Commission established by section 1909(b)(1) of 
                        the Safe, Accountable, Flexible, Efficient 
                        Transportation Equity Act: A Legacy for Users 
                        (Public Law 109-59; 119 Stat. 1471), determines 
                        to be appropriate;
                            (ii) a mass transit facility;
                            (iii) an airport or airway facility;
                            (iv) a resource recovery facility;
                            (v) a water supply and distribution system;
                            (vi) a wastewater collection, conveyance, 
                        or treatment system, and related facilities;
                            (vii) a stormwater treatment system to 
                        manage, reduce, treat, or reuse municipal 
                        stormwater;
                            (viii) waterways, locks, dams, and 
                        associated facilities;
                            (ix) a levee and any related flood damage 
                        reduction facility;
                            (x) a dock or port; and
                            (xi) a solid waste disposal facility.
            (5) Nonstructural elements.--The term ``nonstructural 
        elements'' includes --
                    (A) any feature that preserves and restores a 
                natural process, a landform (including a floodplain), a 
                natural vegetated stream side buffer, wetland, or any 
                other topographical feature that can slow, filter, and 
                naturally store storm water runoff and flood waters;
                    (B) any natural design technique that percolates, 
                filters, stores, evaporates, and detains water close to 
                the source of the water; and
                    (C) any feature that minimizes or disconnects 
                impervious surfaces to slow runoff or allow 
                precipitation to percolate.
            (6) Maintenance.--The term ``maintenance'' means any 
        regularly scheduled activity, such as a routine repair, 
        intended to ensure that infrastructure continues to operate 
        efficiently and as intended.
            (7) Rehabilitation.--The term ``rehabilitation'' means an 
        action to extend the useful life or improve the effectiveness 
        of existing infrastructure, including--
                    (A) the correction of a deficiency;
                    (B) the modernization or replacement of equipment;
                    (C) the modernization of, or replacement of parts 
                for, rolling stock relating to infrastructure;
                    (D) the use of nonstructural elements; and
                    (E) the removal of infrastructure that is 
                deteriorated or no longer useful.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the ``National Commission on the Infrastructure of the United 
States'' to ensure that the infrastructure of the United States--
            (1) meets current and future demand;
            (2) facilitates economic growth;
            (3) is maintained in a manner that ensures public safety; 
        and
            (4) is developed or modified in a sustainable manner.
    (b) Membership.--
            (1) Composition.--The Commission shall be composed of 8 
        members, of whom--
                    (A) 2 members shall be appointed by the President;
                    (B) 2 members shall be appointed by the Speaker of 
                the House of Representatives;
                    (C) 1 member shall be appointed by the minority 
                leader of the House of Representatives;
                    (D) 2 members shall be appointed by the majority 
                leader of the Senate; and
                    (E) 1 member shall be appointed by the minority 
                leader of the Senate.
            (2) Qualifications.--Each member of the Commission shall--
                    (A) have experience in 1 or more of the fields of 
                economics, public administration, civil engineering, 
                public works, construction, and related design 
                professions, planning, public investment financing, 
                environmental engineering, or water resources 
                engineering; and
                    (B) represent a cross-section of geographical 
                regions of the United States.
            (3) Date of appointments.--The members of the Commission 
        shall be appointed under paragraph (1) not later than 90 days 
        after the enactment of this Act.
    (c) Term; Vacancies.--
            (1) Term.--A member shall be appointed for the life of the 
        Commission.
            (2) Vacancies.--A vacancy in the Commission--
                    (A) shall not affect the powers of the Commission; 
                and
                    (B) shall be filled, not later than 30 days after 
                the date on which the vacancy occurs, in the same 
                manner as the original appointment was made.
    (d) Initial Meeting.--Not later than 30 days after the date on 
which all members of the Commission have been appointed, the Commission 
shall hold the initial meeting of the Commission.
    (e) Meetings.--The Commission shall meet at the call of the 
Chairperson or the request of the majority of the Commission members.
    (f) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number of members may hold hearings.
    (g) Chairperson and Vice Chairperson.--The Commission shall select 
a Chairperson and Vice Chairperson from among the members of the 
Commission.

SEC. 4. DUTIES.

    (a) Study.--
            (1) In general.--Not later than February 15, 2009, the 
        Commission shall complete a study of all matters relating to 
        the state of the infrastructure of the United States.
            (2) Matters to be studied.--In carrying out paragraph (1), 
        the Commission shall study matters such as--
                    (A) the capacity of infrastructure to sustain 
                current and anticipated economic development and 
                competitiveness, including long-term economic growth, 
                including the potential return to the United States 
                economy on investments in new infrastructure as opposed 
                to investments in existing infrastructure;
                    (B) the age and condition of public infrastructure 
                (including congestion and changes in the condition of 
                that infrastructure as compared with preceding years);
                    (C) the methods used to finance the construction, 
                acquisition, rehabilitation, and maintenance of 
                infrastructure (including general obligation bonds, 
                tax-credit bonds, revenue bonds, user fees, excise 
                taxes, direct governmental assistance, and private 
                investment);
                    (D) any trends or innovations in methods used to 
                finance the construction, acquisition, rehabilitation, 
                and maintenance of infrastructure;
                    (E) investment requirements, by type of 
                infrastructure, that are necessary to maintain the 
                current condition and performance of the infrastructure 
                and the investment needed (adjusted for inflation and 
                expressed in real dollars) to improve infrastructure in 
                the future;
                    (F) based on the current level of expenditure 
                (calculated as a percentage of total expenditure and in 
                constant dollars) by Federal, State, and local 
                governments--
                            (i) the projected amount of need the 
                        expenditures will meet 5, 15, 30, and 50 years 
                        after the date of enactment of this Act; and
                            (ii) the levels of investment requirements, 
                        as identified under subparagraph (E);
                    (G) any trends or innovations in infrastructure 
                procurement methods;
                    (H) any trends or innovations in construction 
                methods or materials for infrastructure;
                    (I) the impact of local development patterns on 
                demand for Federal funding of infrastructure;
                    (J) the impact of deferred maintenance; and
                    (K) the collateral impact of deteriorated 
                infrastructure.
    (b) Recommendations.--The Commission shall develop 
recommendations--
            (1) on a Federal infrastructure plan that will detail 
        national infrastructure program priorities, including 
        alternative methods of meeting national infrastructure 
        investment needs to effectuate balanced economic development;
            (2) on infrastructure improvements and methods of 
        delivering and providing for infrastructure facilities;
            (3) for analysis or criteria and procedures that may be 
        used by Federal agencies and State and local governments in--
                    (A) inventorying existing and needed infrastructure 
                improvements;
                    (B) assessing the condition of infrastructure 
                improvements;
                    (C) developing uniform criteria and procedures for 
                use in conducting the inventories and assessments; and
                    (D) maintaining publicly accessible data; and
            (4) for proposed guidelines for the uniform reporting, by 
        Federal agencies, of construction, acquisition, rehabilitation, 
        and maintenance data with respect to infrastructure 
        improvements.
    (c) Statement and Recommendations.--Not later than February 15, 
2010, the Commission shall submit to Congress--
            (1) a detailed statement of the findings and conclusions of 
        the Commission; and
            (2) the recommendations of the Commission under subsection 
        (b), including recommendations for such legislation and 
        administrative actions for 5-, 15-, 30-, and 50-year time 
        periods as the Commission considers to be appropriate.

SEC. 5. POWERS OF THE COMMISSION.

    (a) Hearings.--The Commission shall hold such hearings, meet and 
act at such times and places, take such testimony, administer such 
oaths, and receive such evidence as the Commission considers advisable 
to carry out this Act.
    (b) Information From Federal Agencies.--
            (1) In general.--The Commission may secure directly from a 
        Federal agency such information as the Commission considers 
        necessary to carry out this Act.
            (2) Provision of information.--On request of the 
        Chairperson of the Commission, the head of the Federal agency 
        shall provide the information to the Commission.
    (c) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property.
    (d) Contracts.--The Commission may enter into contracts with other 
entities, including contracts under which 1 or more entities, with the 
guidance of the Commission, conduct the study required under section 
4(a).
    (e) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as other 
agencies of the Federal Government.

SEC. 6. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--A member of the Commission shall 
serve without pay, but shall be allowed a per diem allowance for travel 
expenses, at rates authorized for an employee of an agency under 
subchapter I of chapter 57 of title 5, United States Code, while away 
from the home or regular place of business of the member in the 
performance of the duties of the Commission.
    (b) Staff.--
            (1) In general.--The Chairperson of the Commission may, 
        without regard to the civil service laws, including 
        regulations, appoint and terminate an executive director and 
        such other additional personnel as are necessary to enable the 
        Commission to perform the duties of the Commission.
            (2) Confirmation of executive director.--The employment of 
        an executive director shall be subject to confirmation by a 
        majority of the members of the Commission.
            (3) Compensation.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Chairperson of the Commission 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.--In no event shall any 
                employee of the Commission (other than the executive 
                director) receive as compensation an amount in excess 
                of the maximum rate of pay for Executive Level IV under 
                section 5315 of title 5, United States Code.
    (c) Detail of Federal Government Employees.--
            (1) In general.--An employee of the Federal Government may 
        be detailed to the Commission without reimbursement.
            (2) Civil service status.--The detail of a Federal employee 
        shall be without interruption or loss of civil service status 
        or privilege.
    (d) Procurement of Temporary and Intermittent Services.--On request 
of the Commission, the Secretary of the Army, acting through the Chief 
of Engineers, shall provide, on a reimbursable basis, such office 
space, supplies, equipment, and other support services to the 
Commission and staff of the Commission as are necessary for the 
Commission to carry out the duties of the Commission under this Act.

SEC. 7. REPORTS.

    (a) Interim Reports.--Not later than 1 year after the date of the 
initial meeting of the Commission, the Commission shall submit an 
interim report containing a detailed summary of the progress of the 
Commission, including meetings and hearings conducted during the 
interim period, to--
            (1) the President;
            (2) the Committees on Transportation and Infrastructure and 
        Natural Resources of the House of Representatives; and
            (3) the Committees on Environment and Public Works, Energy 
        and Natural Resources, and Commerce, Science, and 
        Transportation of the Senate.
    (b) Final Report.--On termination of the Commission under section 
9, the Commission shall submit a final report containing a detailed 
statement of the findings and conclusions of the Commission and 
recommendations for legislation and other policies to implement those 
findings and conclusions, to--
            (1) the President;
            (2) the Committees on Transportation and Infrastructure and 
        Natural Resources of the House of Representatives; and
            (3) the Committees on Environment and Public Works, Energy 
        and Natural Resources, and Commerce, Science, and 
        Transportation of the Senate.
    (c) Transparency.--A report submitted under subsection (a) or (b) 
shall be made available to the public electronically, in a user-
friendly format, including on the Internet.

SEC. 8. FUNDING.

    For each of fiscal years 2008 through 2010, upon request by the 
Commission--
            (1) using amounts made available to the Secretary of 
        Transportation from any source or account other than the 
        Highway Trust Fund, the Secretary of Transportation shall 
        transfer to the Commission $750,000 for use in carrying out 
        this Act;
            (2) using amounts from the General Expenses account of the 
        Corps of Engineers (other than amounts in that account made 
        available through the Department of Defense), the Secretary of 
        the Army, acting through the Chief of Engineers, shall transfer 
        to the Commission $250,000 for use in carrying out this Act; 
        and
            (3) the Administrator of the Environmental Protection 
        Agency shall transfer to the Commission $250,000 for use in 
        carrying out this Act.

SEC. 9. TERMINATION OF COMMISSION.

    The Commission shall terminate on September 30, 2010.

            Passed the Senate August 2, 2007.

            Attest:

                                                             Secretary.
110th CONGRESS

  1st Session

                                 S. 775

_______________________________________________________________________

                                 AN ACT

To establish a National Commission on the Infrastructure of the United 
                                States.
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