[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 775 Reported in Senate (RS)]






                                                       Calendar No. 319
110th CONGRESS
  1st Session
                                 S. 775

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 6, 2007

Mr. Carper (for himself, Mr. Voinovich, Mrs. Clinton, Mr. Coleman, Mr. 
 Lieberman, Ms. Klobuchar, Mr. Kerry, and Mr. Schumer) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

                             August 2, 2007

               Reported by Mrs. Boxer, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``National Infrastructure 
Improvement Act of 2007''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Acquisition.--The term ``acquisition'' 
        includes the addition of land, sites, equipment, structures, 
        facilities, or rolling stock by purchase, lease-purchase, 
        trade, or donation.</DELETED>
        <DELETED>    (2) Commission.--The term ``Commission'' means the 
        National Commission on the Infrastructure of the United States 
        established by section 3(a).</DELETED>
        <DELETED>    (3) Construction.--The term ``construction'' 
        means--</DELETED>
                <DELETED>    (A) the design, planning, and erection of 
                new infrastructure;</DELETED>
                <DELETED>    (B) the expansion of existing 
                infrastructure;</DELETED>
                <DELETED>    (C) the reconstruction of an 
                infrastructure project at an existing site; 
                and</DELETED>
                <DELETED>    (D) the installation of initial or 
                replacement infrastructure equipment.</DELETED>
        <DELETED>    (4) Infrastructure.--</DELETED>
                <DELETED>    (A) In general.--The term 
                ``infrastructure'' means a nonmilitary structure or 
                facility and equipment associated with that structure 
                or facility.</DELETED>
                <DELETED>    (B) Inclusions.--The term 
                ``infrastructure'' includes--</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (ii) a mass transit 
                        facility;</DELETED>
                        <DELETED>    (iii) an airport or airway 
                        facility;</DELETED>
                        <DELETED>    (iv) a resource recovery 
                        facility;</DELETED>
                        <DELETED>    (v) a water supply and 
                        distribution system;</DELETED>
                        <DELETED>    (vi) a wastewater collection, 
                        treatment, and related facility;</DELETED>
                        <DELETED>    (vii) waterways, locks, and 
                        dams;</DELETED>
                        <DELETED>    (viii) a levee and any related 
                        flood-control facility;</DELETED>
                        <DELETED>    (ix) a dock or port; and</DELETED>
                        <DELETED>    (x) a solid waste disposal 
                        facility.</DELETED>
        <DELETED>    (5) Maintenance.--The term ``maintenance'' means 
        any regularly scheduled activity, such as a routine repair, 
        intended to ensure that infrastructure continues to operate 
        efficiently.</DELETED>
        <DELETED>    (6) Rehabilitation.--The term ``rehabilitation'' 
        means--</DELETED>
                <DELETED>    (A) the correction of a deficiency in 
                existing infrastructure so as to extend the useful life 
                or improve the effectiveness of the 
                infrastructure;</DELETED>
                <DELETED>    (B) the modernization or replacement of 
                equipment of existing infrastructure; and</DELETED>
                <DELETED>    (C) the modernization of, or replacement 
                of parts for, rolling stock relating to 
                infrastructure.</DELETED>

<DELETED>SEC. 3. ESTABLISHMENT OF COMMISSION.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) meets current and future demand; and</DELETED>
        <DELETED>    (2) facilitates economic growth.</DELETED>
<DELETED>    (b) Membership.--</DELETED>
        <DELETED>    (1) Composition.--The Commission shall be composed 
        of 8 members, of whom--</DELETED>
                <DELETED>    (A) 2 members shall be appointed by the 
                President;</DELETED>
                <DELETED>    (B) 2 members shall be appointed by the 
                Speaker of the House of Representatives;</DELETED>
                <DELETED>    (C) 1 member shall be appointed by the 
                minority leader of the House of 
                Representatives;</DELETED>
                <DELETED>    (D) 2 members shall be appointed by the 
                majority leader of the Senate; and</DELETED>
                <DELETED>    (E) 1 member shall be appointed by the 
                minority leader of the Senate.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Term; Vacancies.--</DELETED>
        <DELETED>    (1) Term.--A member shall be appointed for the 
        life of the Commission.</DELETED>
        <DELETED>    (2) Vacancies.--A vacancy in the Commission--
        </DELETED>
                <DELETED>    (A) shall not affect the powers of the 
                Commission; and</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Meetings.--The Commission shall meet at the call of 
the Chairperson or the majority of the Commission members.</DELETED>
<DELETED>    (f) Quorum.--A majority of the members of the Commission 
shall constitute a quorum, but a lesser number of members may hold 
hearings.</DELETED>
<DELETED>    (g) Chairperson and Vice Chairperson.--The Commission 
shall select a Chairperson and Vice Chairperson from among the members 
of the Commission.</DELETED>

<DELETED>SEC. 4. DUTIES.</DELETED>

<DELETED>    (a) Study.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Matters to be studied.--In carrying out 
        paragraph (1), the Commission shall study matters such as--
        </DELETED>
                <DELETED>    (A) the capacity of infrastructure 
                improvements to sustain current and anticipated 
                economic development and competitiveness, including 
                long-term economic growth, including the potential 
                return to the United States economy on investments in 
                new infrastructure as opposed to investments in 
                existing infrastructure;</DELETED>
                <DELETED>    (B) the age and condition of public 
                infrastructure (including congestion and changes in the 
                condition of that infrastructure as compared with 
                preceding years);</DELETED>
                <DELETED>    (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), including the 
                effect of different finance structures on the 
                efficiency of infrastructure;</DELETED>
                <DELETED>    (D) any trends or innovations in methods 
                used to finance that construction, acquisition, 
                rehabilitation, and maintenance;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (F)(i) the projected share of Federal, 
                State, local, and other government levels of investment 
                requirements as identified in subparagraph (E); 
                and</DELETED>
                <DELETED>    (ii) the projected expenditure on 
                infrastructure facility improvements described in 
                subparagraph (E) by each level of government;</DELETED>
                <DELETED>    (G) estimates of the return to the economy 
                from public works investment;</DELETED>
                <DELETED>    (H) any trends or innovations in 
                infrastructure procurement methods;</DELETED>
                <DELETED>    (I) any trends or innovations in 
                construction methods or materials; and</DELETED>
                <DELETED>    (J) the impact of various land use and 
                economic development strategies on infrastructure needs 
                and investment decisions, including the effect of 
                metropolitan growth patterns on infrastructure costs 
                and deferred maintenance.</DELETED>
<DELETED>    (b) Recommendations.--The Commission shall develop 
recommendations--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) on public works improvements and methods of 
        delivering and providing for public work facilities;</DELETED>
        <DELETED>    (3) for analysis or criteria and procedures that 
        may be used by Federal agencies and State and local governments 
        in--</DELETED>
                <DELETED>    (A) inventorying existing and needed 
                public works improvements;</DELETED>
                <DELETED>    (B) assessing the condition of public 
                works improvements; and</DELETED>
                <DELETED>    (C) developing uniform criteria and 
                procedures for use in conducting those inventories and 
                assessments; and</DELETED>
        <DELETED>    (4) for proposed guidelines for the uniform 
        reporting, by Federal agencies, of construction, acquisition, 
        rehabilitation, and maintenance data with respect to 
        infrastructure improvements.</DELETED>
<DELETED>    (c) Statement and Recommendations.--Not later than 
February 15, 2010, the Commission shall submit to Congress--</DELETED>
        <DELETED>    (1) a detailed statement of the findings and 
        conclusions of the Commission; and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 5. POWERS OF THE COMMISSION.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Information From Federal Agencies.--</DELETED>
        <DELETED>    (1) In general.--The Commission may secure 
        directly from a Federal agency such information as the 
        Commission considers necessary to carry out this Act.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Gifts.--The Commission may accept, use, and dispose of 
gifts or donations of services or property.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 6. COMMISSION PERSONNEL MATTERS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Staff.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Compensation.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (c) Detail of Federal Government Employees.--</DELETED>
        <DELETED>    (1) In general.--An employee of the Federal 
        Government may be detailed to the Commission without 
        reimbursement.</DELETED>
        <DELETED>    (2) Civil service status.--The detail of a Federal 
        employee shall be without interruption or loss of civil service 
        status or privilege.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 7. CONGRESSIONAL BUDGET OFFICE REVIEW.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 8. FUNDING.</DELETED>

<DELETED>    For each of fiscal years 2008 through 2010, on request of 
the Commission--</DELETED>
        <DELETED>    (1) the Secretary of Transportation shall transfer 
        to the Commission $750,000 to carry out this Act; and</DELETED>
        <DELETED>    (2) each of the Secretary of the Army, acting 
        through the Chief of Engineers, and the Administrator of the 
        Environmental Protection Agency shall transfer to the 
        Commission $375,000 to carry out this Act.</DELETED>

<DELETED>SEC. 9. TERMINATION OF COMMISSION.</DELETED>

<DELETED>    The Commission shall terminate on September 30, 
2010.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Infrastructure Improvement 
Act of 2007''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Acquisition.--The term ``acquisition'' includes any 
        necessary activities for siting a facility, equipment, 
        structures, 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 any equipment 
                and any nonstructural elements associated with such a 
                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, conveyance, 
                        or treatment system, and related facilities;
                            (vii) a stormwater treatment system to 
                        manage, reduce, treat, or reuse municipal 
                        stormwater;
                            (viii) waterways, locks, dams, and 
                        associated facilities;
                            (ix) a levee and any related flood damage 
                        reduction facility;
                            (x) a dock or port; and
                            (xi) a solid waste disposal facility.
            (5) Nonstructural elements.--The term ``nonstructural 
        elements'' includes --
                    (A) any feature that preserves and restores a 
                natural process, a landform (including a floodplain), a 
                natural vegetated stream side buffer, wetland, or any 
                other topographical feature that can slow, filter, and 
                naturally store storm water runoff and flood waters;
                    (B) any natural design technique that percolates, 
                filters, stores, evaporates, and detains water close to 
                the source of the water; and
                    (C) any feature that minimizes or disconnects 
                impervious surfaces to slow runoff or allow 
                precipitation to percolate.
            (6) Maintenance.--The term ``maintenance'' means any 
        regularly scheduled activity, such as a routine repair, 
        intended to ensure that infrastructure continues to operate 
        efficiently and as intended.
            (7) Rehabilitation.--The term ``rehabilitation'' means an 
        action to extend the useful life or improve the effectiveness 
        of existing infrastructure, including--
                    (A) the correction of a deficiency;
                    (B) the modernization or replacement of equipment;
                    (C) the modernization of, or replacement of parts 
                for, rolling stock relating to infrastructure;
                    (D) the use of nonstructural elements; and
                    (E) the removal of infrastructure that is 
                deteriorated or no longer useful.

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;
            (2) facilitates economic growth;
            (3) is maintained in a manner that ensures public safety; 
        and
            (4) is developed or modified in a sustainable manner.
    (b) Membership.--
            (1) Composition.--The Commission shall be composed of 8 
        members, of whom--
                    (A) 2 members shall be appointed by the President;
                    (B) 2 members 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) 2 members 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--
                    (A) have experience in 1 or more of the fields of 
                economics, public administration, civil engineering, 
                public works, construction, and related design 
                professions, planning, public investment financing, 
                environmental engineering, or water resources 
                engineering; and
                    (B) represent a cross-section of geographical 
                regions of the United States.
            (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 request of 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, 2009, 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 matters such as--
                    (A) the capacity of infrastructure to sustain 
                current and anticipated economic development and 
                competitiveness, including long-term economic growth, 
                including the potential return to the United States 
                economy on investments in new infrastructure as opposed 
                to investments in existing infrastructure;
                    (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 
                infrastructure (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 the construction, acquisition, rehabilitation, 
                and maintenance of infrastructure;
                    (E) investment requirements, by type of 
                infrastructure, that are necessary to maintain the 
                current condition and performance of the infrastructure 
                and the investment needed (adjusted for inflation and 
                expressed in real dollars) to improve infrastructure in 
                the future;
                    (F) based on the current level of expenditure 
                (calculated as a percentage of total expenditure and in 
                constant dollars) by Federal, State, and local 
                governments--
                            (i) the projected amount of need the 
                        expenditures will meet 5, 15, 30, and 50 years 
                        after the date of enactment of this Act; and
                            (ii) the levels of investment requirements, 
                        as identified under subparagraph (E);
                    (G) any trends or innovations in infrastructure 
                procurement methods;
                    (H) any trends or innovations in construction 
                methods or materials for infrastructure;
                    (I) the impact of local development patterns on 
                demand for Federal funding of infrastructure;
                    (J) the impact of deferred maintenance; and
                    (K) the collateral impact of deteriorated 
                infrastructure.
    (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 economic development;
            (2) on infrastructure improvements and methods of 
        delivering and providing for infrastructure 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 infrastructure 
                improvements;
                    (B) assessing the condition of infrastructure 
                improvements;
                    (C) developing uniform criteria and procedures for 
                use in conducting the inventories and assessments; and
                    (D) maintaining publicly accessible data; 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, 
2010, 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--
            (1) the Committees on Environment and Public Works, Energy 
        and Natural Resources, and Commerce, Science, and 
        Transportation of the Senate; and
            (2) the Committees on Transportation and Infrastructure and 
        Natural Resources of the House of Representatives.

SEC. 8. REPORTS.

    (a) Interim Reports.--Not later than 1 year after the date of the 
initial meeting of the Commission, the Commission shall submit an 
interim report containing a detailed summary of the progress of the 
Commission, including meetings and hearings conducted during the 
interim period, to--
            (1) the President;
            (2) the Committees on Transportation and Infrastructure and 
        Natural Resources of the House of Representatives; and
            (3) the Committees on Environment and Public Works, Energy 
        and Natural Resources, and Commerce, Science, and 
        Transportation of the Senate.
    (b) Final Report.--On termination of the Commission under section 
10, the Commission shall submit a final report containing a detailed 
statement of the findings and conclusions of the Commission and 
recommendations for legislation and other policies to implement those 
findings and conclusions, to--
            (1) the President;
            (2) the Committees on Transportation and Infrastructure and 
        Natural Resources of the House of Representatives; and
            (3) the Committees on Environment and Public Works, Energy 
        and Natural Resources, and Commerce, Science, and 
        Transportation of the Senate.
    (c) Transparency.--A report submitted under subsection (a) or (b) 
shall be made available to the public electronically, in a user-
friendly format, including on the Internet.

SEC. 9. FUNDING.

    For each of fiscal years 2008 through 2010, upon request by the 
Commission--
            (1) using amounts made available to the Secretary of 
        Transportation from any source or account other than the 
        Highway Trust Fund, the Secretary of Transportation shall 
        transfer to the Commission $750,000 for use in carrying out 
        this Act;
            (2) using amounts from the General Expenses account of the 
        Corps of Engineers (other than amounts in that account made 
        available through the Department of Defense), the Secretary of 
        the Army, acting through the Chief of Engineers, shall transfer 
        to the Commission $250,000 for use in carrying out this Act; 
        and
            (3) the Administrator of the Environmental Protection 
        Agency shall transfer to the Commission $250,000 for use in 
        carrying out this Act.

SEC. 10. TERMINATION OF COMMISSION.

    The Commission shall terminate on September 30, 2010.
                                                       Calendar No. 319

110th CONGRESS

  1st Session

                                 S. 775

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             August 2, 2007

                       Reported with an amendment