[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2309 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2309

To establish a commission to assess the performance of the civil works 
                functions of the Secretary of the Army.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 28, 2000

  Mr. Daschle introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To establish a commission to assess the performance of the civil works 
                functions of the Secretary of the Army.

    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 ``Corps of Engineers Civil Works 
Independent Investigation and Review Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Corps of 
        Engineers Civil Works Independent Investigation and Review 
        Commission established under section 3(a).
            (2) Session day.--The term ``session day'' means a day on 
        which both Houses of Congress are in session.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    (a) In General.--As soon as practicable after the date of enactment 
of this Act, the President shall establish a commission to be known as 
the ``Corps of Engineers Civil Works Independent Investigation and 
Review Commission''.
    (b) Membership.--
            (1) In general.--The Commission shall be composed of not to 
        exceed 18 members, and shall include--
                    (A) individuals appointed by the President to 
                represent--
                            (i) the Department of the Army;
                            (ii) the Department of the Interior;
                            (iii) the Department of Justice;
                            (iv) environmental interests;
                            (v) hydropower interests;
                            (vi) flood control interests;
                            (vii) recreational interests;
                            (viii) navigation interests;
                            (ix) the Council on Environmental Quality; 
                        and
                            (x) such other affected interests as are 
                        determined by the President to be appropriate; 
                        and
                    (B) 6 governors from States representing different 
                regions of the United States, as determined by the 
                President.
            (2) Date of appointments.--The appointment of a member of 
        the Commission shall be made not later than 180 days after the 
        date of enactment of this Act.
    (c) Term; Vacancies.--
            (1) Term.--A member shall be appointed for the life of the 
        Commission.
            (2) Vacancies.--A vacancy on the Commission--
                    (A) shall not affect the powers of the Commission; 
                and
                    (B) shall be filled 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.
    (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.--
            (1) In general.--The President shall select a Chairperson 
        and Vice Chairperson from among the members of the Commission.
            (2) No corps representative.--The Chairperson and the Vice 
        Chairperson shall not be representatives of the Department of 
        the Army (including the Corps of Engineers).

SEC. 4. INVESTIGATION OF CORPS OF ENGINEERS.

    Not later than 2 years after the date of enactment of this Act, the 
Commission shall complete an investigation and submit to Congress a 
report on the Corps of Engineers, with emphasis on--
            (1) the effectiveness of civilian control over the civil 
        works functions of the Corps of Engineers, particularly the 
        effectiveness of the relationship between uniformed officers 
        and the office of the Assistant Secretary of the Army for Civil 
        Works with respect to--
                    (A) responsiveness;
                    (B) lines of authority; and
                    (C) coordination;
            (2) compliance through the civil works functions of the 
        Corps of Engineers with environmental laws in the design and 
        operation of projects, including--
                    (A) the Fish and Wildlife Coordination Act (16 
                U.S.C. 661 et seq.);
                    (B) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.); and
                    (C) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
            (3) the quality and objectivity of scientific, 
        environmental, and economic analyses by the Corps of Engineers, 
        including the use of independent reviewers of analyses 
        performed by the Corps;
            (4) the extent of coordination and cooperation by the Corps 
        of Engineers with other Federal and State agencies in designing 
        and implementing projects;
            (5) whether the size of the Corps of Engineers is 
        appropriate, including the size of the budget and personnel of 
        the Corps;
            (6) whether the management structure of the Corps of 
        Engineers should be changed, and, if so, how the management 
        structure should be changed;
            (7) whether any of the civil works functions of the Corps 
        of Engineers should be transferred from the Department of the 
        Army to a civilian agency or should be privatized;
            (8) whether any segments of the inland water system should 
        be closed;
            (9) whether any planning regulations of the Corps of 
        Engineers should be revised to give equal consideration to 
        economic and environmental goals of a project;
            (10) whether any currently-authorized projects should be 
        deauthorized;
            (11) whether all studies conducted by the Corps of 
        Engineers should be subject to independent review; and
            (12) the extent to which the benefits of proposed 
        projects--
                    (A) exceed the costs of the projects; or
                    (B) accrue to private interests.

SEC. 5. POWERS.

    (a) Hearings.--The Commission may hold such hearings, sit and act 
at such times and places, take such testimony, 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 department or 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 department or 
        agency shall provide the information to the Commission.
    (c) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as other 
departments and agencies of the Federal Government.
    (d) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or personal property.

SEC. 6. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--
            (1) Non-federal employees.--A member of the Commission who 
        is not an officer or employee of the Federal Government shall 
        be compensated at a rate equal to the daily equivalent of the 
        annual rate of basic pay prescribed for level IV of the 
        Executive Schedule under section 5315 of title 5, United States 
        Code, for each day (including travel time) during which the 
        member is engaged in the performance of the duties of the 
        Commission.
            (2) Federal employees.--A member of the Commission who is 
        an officer or employee of the Federal Government shall serve 
        without compensation in addition to the compensation received 
        for the services of the member as an officer or employee of the 
        Federal Government.
    (b) Travel Expenses.--A member of the Commission shall be allowed 
travel expenses, including per diem in lieu of subsistence, 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.
    (c) 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 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.--The rate of pay for the 
                executive director and other personnel may not exceed 
                the rate payable for level V of the Executive Schedule 
                under section 5316 of title 5, United States Code.
    (d) 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 the employee shall 
        be without interruption or loss of civil service status or 
        privilege.
    (e) Procurement of Temporary and Intermittent Services.--The 
Chairperson of the Commission may procure temporary and intermittent 
services in accordance with section 3109(b) of title 5, United States 
Code, at rates for individuals that do not exceed the daily equivalent 
of the annual rate of basic pay prescribed for level V of the Executive 
Schedule under section 5316 of that title.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act 
$10,000,000 for each of fiscal years 2001 through 2003, to remain 
available until expended.

SEC. 8. TERMINATION OF COMMISSION.

    The Commission shall terminate on the date on which the Commission 
submits the report to Congress under section 4(a).
                                 <all>