[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 3036 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 3036

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

                            October 3, 2002

  Mr. Daschle (for himself and Mr. Johnson) 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 River Stewardship 
Independent Investigation and Review Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Corps of 
        Engineers River Stewardship Independent Investigation and 
        Review Commission established under section 3(a).
            (2) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (3) 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 River Stewardship Independent Investigation 
and Review Commission''.
    (b) Membership.--
            (1) In general.--The Commission shall be composed of not to 
        exceed 22 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;
                    (B) 6 governors from States representing different 
                regions of the United States, as determined by the 
                President; and
                    (C) 6 representatives of Indian tribes 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 management of rivers in the United States by the Corps of 
Engineers, with emphasis on--
            (1) compliance with environmental laws in the design and 
        operation of river management 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.);
            (2) compliance with the cultural resource laws that protect 
        Native American graves, traditional cultural properties, and 
        Native American sacred sites in the design and operation of 
        river management projects, including--
                    (A) the National Historic Preservation Act (16 
                U.S.C. 470 et seq.);
                    (B) the Archaeological Resources Protection Act of 
                1979 (16 U.S.C. 470aa et seq.);
                    (C) the Native American Graves Protection Act and 
                Repatriation Act (25 U.S.C. 3001 et seq.);
                    (D) Executive Order 13007 (61 Fed. Reg. 26771; 
                relating to Indian sacred sites);
                    (E) identification of opportunities for developing 
                tribal cooperative management agreements for erosion 
                control, habitat restoration, cultural resource 
                protection, and enforcement;
                    (F) review of policy and guidance regarding 
                nondisclosure of sensitive information on the 
                character, nature, and location of traditional cultural 
                properties and sacred sites; and
                    (G) review of the effectiveness of government-to-
                government consultation by the Corps of Engineers with 
                Indian tribes and members of Indian tribes in cases in 
                which the river management functions and activities of 
                the Corps affect Indian land and Native American 
                natural and cultural resources;
            (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 Federal and State agencies (such as the 
        United States Fish and Wildlife Service) and Indian tribes in 
        designing and implementing river management projects;
            (5) the extent to which river management studies conducted 
        by the Corps of Engineers fairly and effectively balance the 
        goals of public and private interests, such as wildlife, 
        recreation, navigation, and hydropower interests;
            (6) whether river management studies conducted by the Corps 
        of Engineers should be subject to independent review;
            (7) whether river planning laws (including regulations) 
        should be amended; and
            (8) whether the river management functions of the Corps of 
        Engineers should be transferred from the Department of the Army 
        to a Federal civilian agency.

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 
$5,000,000 for each of fiscal years 2003 through 2005, 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>