Short title

This Act may be cited as the

National Infrastructure Improvement Act of 2006

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), 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, treatment, and related facility; (vii)waterways, locks, and dams; (viii)a levee and any related flood-control facility; (ix)a dock or port; 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.

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, construction, 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 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 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.

Duties

(a)

Study

(1)

In general

Not later than February 15, 2009, the Commission, in consultation with the advisory group established by paragraph (3)(A), 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 and competitiveness, including long-term economic growth, 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 (as adjusted for inflation and expressed in real dollars) to improve those facilities in the future; (F)(i)the projected 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

(A)

Establishment

There is established an advisory group to provide assistance and advice on request of the Commission. (B)

Membership

The advisory group shall be composed of— (i)the Secretary of the Army; (ii)the Secretary of Agriculture; (iii)the Secretary of Transportation; (iv)the Administrator of the Environmental Protection Agency; (v)the Secretary of Commerce; (vi)the Secretary of Education; (vii)the Secretary of Energy; (viii)the Secretary of the Treasury; (ix)the Secretary of the Interior; (x)the Administrator of General Services; (xi)the Director of the Office of Management and Budget; (xii)a representative of the National Governors Association; (xiii)a representative of the National Association of Counties; (xiv)a representative of the United States Conference of Mayors; and (xv)a representative of the National Conference of State Legislatures. (C)

Compensation

The members of the advisory group shall serve without compensation. (D)

Termination

The advisory group shall terminate on September 30, 2009. (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 investment 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, 2009, 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.

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, may 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.

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.

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.

Funding

(a)

Fiscal Year 2007

For fiscal year 2007, from amounts otherwise made available to the Secretary of the Treasury and the Secretary of Transportation for administrative and policy measures for that fiscal year, each of the Secretaries shall transfer to the Commission not more than $1,000,000, 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 2008 and 2009.

Termination of Commission

The Commission shall terminate on September 30, 2009.