[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2993 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2993

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 17, 2004

 Mr. Graham of Florida (for himself and Mr. Voinovich) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
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 2004''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Acquisition.--The term ``acquisition'' includes the 
        addition of land, sites, equipment, structures, facilities, 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 equipment 
                associated with that 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);
                            (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, treatment, 
                        and related facility;
                            (vii) a waterway;
                            (viii) a dock or port;
                            (ix) a school building; and
                            (x) a solid waste disposal facility.
            (5) Maintenance.--The term ``maintenance'' means any 
        regularly scheduled activity, such as a routine repair, 
        intended to ensure that infrastructure continues to operate 
        efficiently.
            (6) Rehabilitation.--The term ``rehabilitation'' means--
                    (A) the correction of a deficiency in existing 
                infrastructure so as to extend the useful life or 
                improve the effectiveness of the infrastructure;
                    (B) the modernization or replacement of equipment 
                of existing infrastructure; and
                    (C) the modernization of, or replacement of parts 
                for, rolling stock relating to infrastructure.

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; and
            (2) facilitates economic growth.
    (b) Membership.--
            (1) Composition.--The Commission shall be composed of 7 
        members, of whom--
                    (A) 3 members shall be appointed by the President;
                    (B) 1 member 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) 1 member 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 
        have experience in 1 or more of the fields of economics, public 
        administration, civil engineering, public works, and related 
        design professions, planning, or public investment financing.
            (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 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, 2007, 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 such matters as--
                    (A) the capacity of infrastructure improvements to 
                sustain current and anticipated economic development, 
                including long-term economic construction and to 
                support a sustained and expanding economy;
                    (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 public 
                works improvements (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 that construction, acquisition, rehabilitation, 
                and maintenance;
                    (E) investment requirements, by type of facility, 
                that are necessary to maintain the current condition 
                and performance of those facilities and the investment 
                needed to improve those facilities in the future;
                    (F)(i) the projected historical share of Federal, 
                State, local, and other government levels of investment 
                requirements as identified in subparagraph (E); and
                    (ii) the projected expenditure on infrastructure 
                facility improvements described in subparagraph (E) by 
                each level of government;
                    (G) estimates of the return to the economy from 
                public works investment;
                    (H) any trends or innovations in infrastructure 
                procurement methods; and
                    (I) any trends or innovations in construction 
                methods or materials.
            (3) Consultation.--In carrying out paragraph (1), the 
        Commission shall consult with appropriate stakeholders, 
        including--
                    (A) the Secretary of the Army;
                    (B) the Secretary of Agriculture;
                    (C) the Secretary of Transportation;
                    (D) the Administrator of the Environmental 
                Protection Agency;
                    (E) the Secretary of Commerce;
                    (F) the Secretary of Education;
                    (G) the Secretary of Energy;
                    (H) the Secretary of the Treasury;
                    (I) the Secretary of the Interior;
                    (J) the Administrator of General Services;
                    (K) associations representing private sector 
                stakeholders;
                    (L) associations representing State and local 
                governments; and
                    (M) such other individuals and entities as are 
                determined to be appropriate by the Commission.
            (4) Resources; data.--In carrying out paragraph (1), to the 
        maximum extent practicable, the Commission shall--
                    (A) use existing studies, data, sampling 
                techniques, and reports of other commissions; and
                    (B) if collecting new data under this section, make 
                every effort to ensure that the data is collected in 
                consultation with the States so as to ensure that 
                uniform methods, categories, and analyses are used.
    (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 needs to 
        effectuate balanced growth and economic development;
            (2) on public works improvements and methods of delivering 
        and providing for public work 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 public works 
                improvements;
                    (B) assessing the condition of public works 
                improvements; and
                    (C) developing uniform criteria and procedures for 
                use in conducting those inventories and assessments; 
                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, 
2007, 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. CONGRESSIONAL BUDGET OFFICE REVIEW.

    Not later than 90 days after the date on which the report under 
section 4(c) is submitted to Congress by the Commission, the 
Congressional Budget Office shall review the report and submit a report 
on the results of the review to the Committee on Environment and Public 
Works and the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives.

SEC. 8. FUNDING.

    (a) Fiscal Year 2005.--For fiscal year 2005, from amounts otherwise 
made available to the Secretary of the Army for the purpose of civil 
works for that fiscal year, the Secretary of the Army shall transfer to 
the Commission such amount, not to exceed $2,000,000, as the Commission 
may request to carry out this Act.
    (b) Future Fiscal Years.--There is authorized to be appropriated to 
the Commission to carry out this Act $1,000,000 for each of fiscal 
years 2006 and 2007.

SEC. 9. TERMINATION OF COMMISSION.

    The Commission shall terminate on September 30, 2007.
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