1.This Act may be cited as the
National Infrastructure Improvement
Act of 2006
.
2.In this Act:
(1)The
term acquisition includes the addition of land, sites, equipment,
structures, facilities, or rolling stock by purchase, lease-purchase, trade, or
donation.
(2)The
term Commission means the National Commission on the
Infrastructure of the United States established by section 3(a).
(3)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)
(A)The term infrastructure means a nonmilitary
structure or facility and equipment associated with that structure or
facility.
(B)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)The
term maintenance means any regularly scheduled activity, such as a
routine repair, intended to ensure that infrastructure continues to operate
efficiently.
(6)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.
3.Establishment of
Commission
(a)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)
(1)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)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)The members of the Commission shall be appointed
under paragraph (1) not later than 90 days after the enactment of this
Act.
(c)
(1)A
member shall be appointed for the life of the Commission.
(2)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)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)The
Commission shall meet at the call of the Chairperson or the majority of the
Commission members.
(f)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 ChairpersonThe Commission shall select a Chairperson and
Vice Chairperson from among the members of the Commission.
4.
(a)
(1)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)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)
(A)There
is established an advisory group to provide assistance and advice on request of
the Commission.
(B)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)The
members of the advisory group shall serve without compensation.
(D)The
advisory group shall terminate on September 30, 2009.
(4)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)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
RecommendationsNot 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.
5.
(a)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)The Commission may secure directly from a Federal agency
such information as the Commission considers necessary to carry out this
Act.
(2)On request of the Chairperson of the Commission, the
head of the Federal agency shall provide the information to the
Commission.
(c)The
Commission may accept, use, and dispose of gifts or donations of services or
property.
(d)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)The Commission may use the United States mails in the
same manner and under the same conditions as other agencies of the Federal
Government.
6.Commission
personnel matters
(a)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)
(1)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 directorThe employment of an executive director shall
be subject to confirmation by a majority of the members of the
Commission.
(3)
(A)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)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)An employee of the Federal Government may be detailed to
the Commission without reimbursement.
(2)The detail of a Federal employee shall be without
interruption or loss of civil service status or privilege.
(d)Procurement of
Temporary and Intermittent ServicesOn 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.
7.Congressional
Budget Office reviewNot 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.
8.
(a)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)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.
9.Termination of
CommissionThe Commission
shall terminate on September 30, 2009.