(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 fea-
ture that can slow, filter, and naturally store 
storm water runoff and flood waters; 
(B) any natural design technique that per-
colates, filters, stores, evaporates, and detains 
water close to the source of the water; and 
(C) any feature that minimizes or dis-
connects 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 infrastruc-
ture continues to operate efficiently and as intended. 
(7) REHABILITATION.—The term ‘‘rehabilita-
tion’’ means an action to extend the useful life or 
improve the effectiveness of existing infrastructure, 
including— 
(A) the correction of a deficiency; 
VerDate Aug 31 2005 
03:44 Aug 09, 2007
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3398.IH
H3398
rwilkins on PROD1PC63 with BILLS
(B) the modernization or replacement of 
equipment; 
(C) the modernization of, or replacement 
of parts for, rolling stock relating to infrastruc-
ture; 
(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 com-
mission 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; 
VerDate Aug 31 2005 
23:18 Aug 07, 2007
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3398.IH
H3398
rwilkins on PROD1PC63 with BILLS
(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 Representa-
tives; 
(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 one or more of the 
fields of economics, public administration, civil 
engineering, public works, and construction and 
related design professions, planning, public in-
vestment financing, environmental engineering, 
or water resources engineering; and 
(B) represent a cross-section of geo-
graphical regions of the United States. 
(3) DATE OF APPOINTMENTS.—The members 
of the Commission shall be appointed under para-
graph (1) not later than 90 days after the date of 
enactment of this Act. 
(c) TERM; VACANCIES.— 
VerDate Aug 31 2005 
23:18 Aug 07, 2007
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3398.IH
H3398
rwilkins on PROD1PC63 with BILLS
(1) TERM.—A member shall be appointed for 
the life of the Commission. 
(2) VACANCIES.—A vacancy in the Commis-
sion— 
(A) shall not affect the powers of the Com-
mission; 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 num-
ber of members may hold hearings. 
(g) CHAIRPERSON AND VICE CHAIRPERSON.—The 
Commission shall select a chairperson and vice chair-
person from among the members of the Commission. 
SEC. 4. DUTIES. 
(a) STUDY.— 
VerDate Aug 31 2005 
23:18 Aug 07, 2007
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3398.IH
H3398
rwilkins on PROD1PC63 with BILLS
(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 sus-
tain current and anticipated economic develop-
ment and competitiveness, including long-term 
economic growth and the potential return to the 
United States economy on investments in new 
infrastructure as opposed to investments in ex-
isting infrastructure; 
(B) the age and condition of infrastructure 
(including congestion and changes in the condi-
tion of that infrastructure as compared with 
preceding years); 
(C) the methods used to finance the con-
struction, acquisition, rehabilitation, and main-
tenance of infrastructure (including general ob-
ligation bonds, tax-credit bonds, revenue bonds, 
user fees, excise taxes, direct governmental as-
sistance, and private investment); 
VerDate Aug 31 2005 
23:18 Aug 07, 2007
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3398.IH
H3398
rwilkins on PROD1PC63 with BILLS
(D) any trends or innovations in methods 
used to finance the construction, acquisition, re-
habilitation, 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 (ad-
justed for inflation and expressed in real dol-
lars) to improve infrastructure in the future; 
(F) based on the current level of expendi-
ture (calculated as a percentage of total expend-
iture 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 require-
ments identified under subparagraph (E); 
(G) any trends or innovations in infra-
structure procurement methods; 
(H) any trends or innovations in construc-
tion methods or materials for infrastructure; 
VerDate Aug 31 2005 
23:18 Aug 07, 2007
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3398.IH
H3398
rwilkins on PROD1PC63 with BILLS