[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 573 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 573

   To establish a harbor maintenance block grant program to provide 
 maximum flexibility to each State to carry out harbor maintenance and 
  deepening projects in the State, to require transparency for water 
 resources development projects carried out by the Corps of Engineers, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 14, 2011

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

_______________________________________________________________________

                                 A BILL


 
   To establish a harbor maintenance block grant program to provide 
 maximum flexibility to each State to carry out harbor maintenance and 
  deepening projects in the State, to require transparency for water 
 resources development projects carried out by the Corps of Engineers, 
                        and for other purposes.

    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 Reform Act of 
2011''.

SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.
Sec. 2. Table of contents.
                   TITLE I--HARBOR MAINTENANCE REFORM

Sec. 101. Purpose.
Sec. 102. Definitions.
Sec. 103. Funding.
Sec. 104. Establishment of harbor maintenance block grant program.
Sec. 105. Reports.
Sec. 106. Lead agency.
Sec. 107. Application and plan.
Sec. 108. Effect on environmental laws.
Sec. 109. Administration and enforcement.
Sec. 110. Payments.
Sec. 111. Audits.
Sec. 112. Report by Secretary.
Sec. 113. Allotments.
Sec. 114. Amendments to Internal Revenue Code of 1986.
                 TITLE II--WATER RESOURCES DEVELOPMENT

Sec. 201. Definitions.
Sec. 202. Corps transparency.
Sec. 203. Water Resources Commission.
Sec. 204. Funding.

                   TITLE I--HARBOR MAINTENANCE REFORM

SEC. 101. PURPOSE.

    The purpose of this title is to establish a harbor maintenance 
block grant program to provide the maximum flexibility to each State to 
carry out harbor maintenance and deepening projects in the State.

SEC. 102. DEFINITIONS.

    Except as otherwise specifically provided, in this title:
            (1) Harbor maintenance.--The term ``harbor maintenance'' 
        means any project directly related to the operations and 
        maintenance of a harbor, including additional development of a 
        harbor.
            (2) Lead agency.--The term ``lead agency'' means the agency 
        designated under section 106(a).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army, acting through the Chief of Engineers.
            (4) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico; and
                    (D) any other territory or possession of the United 
                States.

SEC. 103. FUNDING.

    The harbor maintenance block grant program established under 
section 104 shall be funded from the State Harbor Maintenance Block 
Grant Account established under section 9505 of the Internal Revenue 
Code of 1986.

SEC. 104. ESTABLISHMENT OF HARBOR MAINTENANCE BLOCK GRANT PROGRAM.

    The Secretary shall establish a program to make grants to States in 
accordance with this title to carry out harbor maintenance and 
deepening projects located in participating States in accordance with 
the priorities determined by each participating State, including 
operations and maintenance, investigations, site infrastructure 
improvements, and new construction projects at harbors.

SEC. 105. REPORTS.

    (a) In General.--To be eligible to receive and expend amounts for a 
fiscal year under this title, a State shall prepare and submit to the 
Secretary a report describing the activities that the State intends to 
carry out using amounts received under this title, including 
information on the types of activities to be carried out.
    (b) Availability and Comment.--A report under subsection (a) shall 
be made public within the State in such a manner as to facilitate 
comment by any person (including any Federal or other public agency) 
during the development of the report and after the completion of the 
report.
    (c) Revision.--
            (1) In general.--The report shall be revised throughout the 
        year as may be necessary to reflect substantial changes in the 
        activities assisted using amounts provided under this title.
            (2) Availability and comment.--Any revision in the report 
        shall be subject to subsection (b).
    (d) No Additional Reports.--The Secretary may not impose any 
reporting requirements on States to carry out this title that are in 
addition to the reports specifically required under this title.

SEC. 106. LEAD AGENCY.

    (a) Designation.--The chief executive officer of a State that seeks 
to receive a grant under this title shall designate, in an application 
submitted to the Secretary under section 107, an appropriate State 
agency that complies with subsection (b) to act as the lead agency for 
the State.
    (b) Duties.--
            (1) In general.--The lead agency shall--
                    (A) administer, directly or through other State 
                agencies, the financial assistance received under this 
                title by the State;
                    (B) develop the State plan to be submitted to the 
                Secretary under section 107(a)(2);
                    (C) in conjunction with the development of the 
                State plan, hold at least 1 hearing in the State to 
                provide to the public an opportunity to comment on the 
                State plan; and
                    (D) coordinate the implementation of harbor 
                maintenance projects under this title with applicable 
                Federal, State, and local agencies.
            (2) Development of plan.--In the development of the State 
        plan described in paragraph (1)(B), the lead agency shall 
        consult with appropriate representatives of units of general 
        purpose local government on issues relating to the State plan.

SEC. 107. APPLICATION AND PLAN.

    (a) Application.--To be eligible to receive assistance under this 
title, a State shall prepare and submit to the Secretary an application 
at such time, in such manner, and containing such information as the 
Secretary shall by rule require, including--
            (1) an assurance that the State will comply with the 
        requirements of this title; and
            (2) a State plan that meets the requirements of subsection 
        (b).
    (b) Requirements of a Plan.--
            (1) Lead agency.--The State plan shall identify the lead 
        agency.
            (2) Use of block grant funds.--The State plan shall provide 
        that the State shall use the amounts provided to the State for 
        each fiscal year under this title to carry out harbor 
        maintenance and deepening projects.
    (c) Approval of Application.--The Secretary shall approve an 
application that satisfies the requirements of this section.

SEC. 108. EFFECT ON ENVIRONMENTAL LAWS.

    Nothing in this title affects, alters, or modifies any provisions 
of applicable Federal environmental laws (including regulations).

SEC. 109. ADMINISTRATION AND ENFORCEMENT.

    (a) Administration.--The Secretary shall--
            (1) coordinate all activities of the Department of Defense 
        relating to harbor maintenance activities, and, to the maximum 
        extent practicable, coordinate the activities with similar 
        activities of other Federal entities; and
            (2) provide technical assistance to assist States in 
        carrying out this title, including assistance on a reimbursable 
        basis.
    (b) Enforcement.--
            (1) Review of compliance with state plan.--The Secretary 
        shall--
                    (A) review and monitor State compliance with--
                            (i) this title; and
                            (ii) the plan approved under section 107(c) 
                        for the State; and
                    (B) have the power to terminate payments to the 
                State in accordance with paragraph (2).
            (2) Noncompliance.--
                    (A) In general.--
                            (i) Application.--This subparagraph applies 
                        if the Secretary, after reasonable notice to a 
                        State and opportunity for a hearing, finds 
                        that--
                                    (I) there has been a failure by the 
                                State to comply substantially with any 
                                provision or requirement set forth in 
                                the plan approved under section 107(c) 
                                for the State in a manner that 
                                constitutes fraud or abuse; or
                                    (II) in the operation of any 
                                program or activity for which 
                                assistance is provided under this 
                                title, there is a failure by the State 
                                to comply substantially with any 
                                provision of this title in a manner 
                                that constitutes fraud or abuse.
                            (ii) Notice.--If the Secretary makes the 
                        finding described in subclause (I) or (II) of 
                        clause (i), the Secretary shall notify the 
                        State of the finding and that no further 
                        payments will be made to the State under this 
                        title (or, in the case of noncompliance in the 
                        operation of a program or activity, that no 
                        further payments to the State will be made with 
                        respect to the program or activity) until the 
                        Secretary is satisfied that there is no longer 
                        any such failure to comply or that the 
                        noncompliance will be promptly corrected.
                    (B) Additional sanctions.--In the case of a finding 
                of noncompliance made pursuant to subparagraph (A), the 
                Secretary may, in addition to imposing the sanctions 
                described in subparagraph (A), impose other appropriate 
                sanctions, including recoupment of funds improperly 
                expended for purposes prohibited or not authorized by 
                this title, and disqualification from the receipt of 
                financial assistance under this title.
                    (C) Notice.--The notice required under subparagraph 
                (A) shall include specific identification of any 
                additional sanction being imposed under subparagraph 
                (B).
            (3) Procedures.--The Secretary shall establish by 
        regulation procedures for--
                    (A) receiving, processing, and determining the 
                validity of complaints concerning any failure of a 
                State to comply with the State plan or any requirement 
                of this title; and
                    (B) imposing sanctions under this section.

SEC. 110. PAYMENTS.

    (a) In General.--
            (1) Payments.--A State that has an application approved by 
        the Secretary under section 107(c) shall be entitled to a 
        payment under this section for each fiscal year in an amount 
        that is equal to the allotment of the State under section 113 
        for the fiscal year.
            (2) State entitlement.--Subject to the availability of 
        funds under section 103, this title--
                    (A) constitutes budget authority in advance of 
                appropriations Acts; and
                    (B) represents the obligation of the Federal 
                Government to provide for the payment to States of the 
                amount described in paragraph (1).
    (b) Method of Payment.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        may make payments to a State in installments, in advance, or by 
        way of reimbursement, with necessary adjustments on account of 
        overpayments or underpayments, as the Secretary may determine.
            (2) Limitation.--The Secretary may not make the payments in 
        a manner that prevents the State from complying with section 
        107.

SEC. 111. AUDITS.

    (a) Requirement.--After the close of each program period covered by 
an application approved under section 107(c), a State shall audit--
            (1) the expenditures of the State during the program period 
        from amounts received under this title; and
            (2) the maintenance by the State of unexpended amounts 
        received by the State under this title.
    (b) Independent Auditor.--An audit under this section shall be 
conducted--
            (1) by an entity that is independent of any agency 
        administering activities that receive assistance under this 
        title; and
            (2) in accordance with generally accepted auditing 
        principles.
    (c) Submission.--Not later than 30 days after the completion of an 
audit under this section, the State shall submit a copy of the audit to 
the legislature of the State and to the Secretary.
    (d) Repayment of Amounts.--
            (1) In general.--Except as provided in paragraph (2), each 
        State shall repay to the United States any amounts made 
        available to the State under this title and determined through 
        an audit under this section--
                    (A) to have been expended in a manner that 
                constitutes fraud or abuse; or
                    (B) to remain unexpended as a result of fraud or 
                abuse.
            (2) Offset to amounts.--As an alternative to requiring 
        repayment of amounts under paragraph (1), the Secretary may 
        offset the amounts required to be repaid against any other 
        amounts to which the State is or may be entitled under this 
        title.

SEC. 112. REPORT BY SECRETARY.

    Not later than 60 days after the date of enactment of this Act, and 
annually thereafter, the Secretary shall submit to the appropriate 
committees of Congress a report that contains--
            (1) a summary and analysis of the data and information 
        provided to the Secretary in the State audits submitted under 
        section 111; and
            (2) an assessment, and if appropriate, recommendations for 
        Congress concerning efforts that should be undertaken to 
        improve harbor maintenance in the United States.

SEC. 113. ALLOTMENTS.

    (a) In General.--For each fiscal year, the Secretary shall allot to 
each participating State an amount that is equal to the proportion 
that--
            (1) the amounts collected in the State for deposit in the 
        State Harbor Maintenance Block Grant Account for that fiscal 
        year in accordance with section 9505 of the Internal Revenue 
        Code of 1986; bears to
            (2) the total amount of funds in the State Harbor 
        Maintenance Block Grant Account in that fiscal year.
    (b) Insufficient Funds.--If the Secretary finds that the total 
amount of allotments to which States would otherwise be entitled for a 
fiscal year under subsection (a) will exceed the amount of funds 
available to provide the allotments for the fiscal year, the Secretary 
shall reduce the allotments made to States under this subsection, on a 
pro rata basis, to the extent necessary to allot under this subsection 
a total amount that is equal to the funds that will be made available.

SEC. 114. AMENDMENTS TO INTERNAL REVENUE CODE OF 1986.

    (a) In General.--Subsection (c) of section 9505 of the Internal 
Revenue Code of 1986 is amended by striking ``Amounts'' and inserting 
``Except as provided in subsection (d), amounts''.
    (b) State Block Grants.--Section 9505 of the Internal Revenue Code 
of 1986 is amended by adding at the end the following new subsection:
    ``(d) Establishment of State Block Grant Account.--
            ``(1) Creation of account.--There is established in the 
        Harbor Maintenance Trust Fund a separate account to be known as 
        the `State Harbor Maintenance Block Grant Account' consisting 
        of such amounts as may be transferred or credited to the State 
        Harbor Maintenance Block Grant Account as provided in this 
        section or section 9602(b).
            ``(2) Transfers to state harbor maintenance block grant 
        account.--The Secretary shall transfer to the State Harbor 
        Maintenance Block Grant Account the electing State amount of 
        the amounts appropriated to the Harbor Maintenance Trust Fund 
        under subsection (b).
            ``(3) Expenditures from account.--Except as provided in 
        paragraph (4), amounts in the State Harbor Maintenance Block 
        Grant Account shall be available for making expenditures to 
        fund the harbor maintenance block grant program authorized by 
        the Corps of Engineers Reform Act of 2011. The Secretary shall, 
        from time to time, transfer such amounts to such accounts as 
        are identified by the Secretary of the Army, acting through the 
        Chief of Engineers, for the purpose of making such 
        expenditures.
            ``(4) Limitations.--
                    ``(A) Non-electing states.--Amounts in the State 
                Harbor Maintenance Block Grant Account shall not be 
                used for making any payment to a State, or for making 
                expenditures within a State, unless such State is an 
                electing State.
                    ``(B) Reservation of administrative costs.--
                            ``(i) In general.--The expenditures under 
                        subsection (c)(3) shall be borne by the State 
                        Harbor Maintenance Block Grant Account and the 
                        General Account in proportion to the respective 
                        amounts of the revenues transferred under this 
                        section to the State Harbor Maintenance Block 
                        Grant Account and the General Account (after 
                        the application of paragraph (2)).
                            ``(ii) Reservation.--The amounts required 
                        to bear the State Harbor Maintenance Block 
                        Grant Account's share of the expenditures under 
                        clause (i) shall be reserved for such purpose 
                        and shall not be used to make any other 
                        expenditures.
                            ``(iii) General account.--For purposes of 
                        this subparagraph, the term `General Account' 
                        means the portion of the Harbor Maintenance 
                        Trust Fund which is not the State Harbor 
                        Maintenance Block Grant Account.
            ``(5) Definitions.--For purposes of this subsection--
                    ``(A) Electing state amount.--The term `electing 
                State amount' means the portion of the amounts 
                appropriated to the Harbor Maintenance Trust Fund under 
                subsection (b) which is equivalent to the taxes 
                received in the Treasury under section 4461 which are 
                collected from ports in electing States.
                    ``(B) Electing state.--The term `electing State' 
                means a State that has elected (by submission of the 
                application required under section 107 of the Corps of 
                Engineers Reform Act of 2011) to participate in the 
                harbor maintenance block grant program authorized by 
                the Corps of Engineers Reform Act of 2011.
            ``(6) Coordination with trust fund expenditures.--
        Expenditures under paragraphs (1) and (2) of subsection (c) 
        shall not be made to, or for projects located within, any State 
        which is an electing State.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to amounts appropriated or transferred to the Harbor Maintenance 
Trust Fund under section 9505 of the Internal Revenue Code of 1986 
after the date of the enactment of this Act.

                 TITLE II--WATER RESOURCES DEVELOPMENT

SEC. 201. DEFINITIONS.

    In this title:
            (1) Commission.--The term ``Commission'' means the Water 
        Resources Commission established by section 203.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army, acting through the Chief of Engineers.

SEC. 202. CORPS TRANSPARENCY.

    (a) Annual Publication of Authorized Projects.--
            (1) In general.--The Secretary shall publish annually a 
        list describing each authorized water resources project of the 
        Corps of Engineers in the Federal Register and on a publically 
        available website.
            (2) Contents.--For each authorized water resources project, 
        the list described in paragraph (1) shall include--
                    (A) the date on which the water resources project 
                was authorized; and
                    (B) the amount of Federal funds, if any, provided 
                to the water resources project during the 5 years 
                immediately preceding the date on which the list 
                described in paragraph (1) is published.
            (3) Report to congress.--The Secretary shall submit the 
        list described in paragraph (1) to--
                    (A) the Committees on Environment and Public Works 
                and Appropriations of the Senate; and
                    (B) the Committees on Transportation and 
                Infrastructure and Appropriations of the House of 
                Representatives.
    (b) Publication of Deauthorized Projects.--
            (1) In general.--Not later than 90 days after date of the 
        enactment of this Act, the Secretary shall publish a list 
        describing each water resources study or project of the Corps 
        of Engineers that is no longer authorized.
            (2) Contents.--For each water resources study or project 
        described in paragraph (1), the list described in paragraph (1) 
        shall include--
                    (A) the date on which the water resources study or 
                project was authorized; and
                    (B) the amount of Federal funds, if any, provided 
                to the water resources study or project for the 5 years 
                immediately following the date on which that study or 
                project was authorized.
            (3) Report to congress.--The Secretary shall submit the 
        list described in paragraph (1) to--
                    (A) the Committees on Environment and Public Works 
                and Appropriations of the Senate; and
                    (B) the Committees on Transportation and 
                Infrastructure and Appropriations of the House of 
                Representatives.

SEC. 203. WATER RESOURCES COMMISSION.

    (a) Establishment of Commission.--
            (1) Establishment.--There is established a commission, to 
        be known as the ``Water Resources Commission'', to prioritize 
        water resources projects in the United States.
            (2) Membership.--
                    (A) Composition.--
                            (i) In general.--The Commission shall be 
                        composed of 11 members, of whom--
                                    (I) 1 member shall be appointed by 
                                the President;
                                    (II) 1 member shall be appointed by 
                                the Speaker of the House of 
                                Representatives;
                                    (III) 1 member shall be appointed 
                                by the majority leader of the Senate; 
                                and
                                    (IV) 8 members shall be appointed 
                                in accordance with clause (ii) by the 
                                Speaker of the House of Representatives 
                                and the majority leader of the Senate, 
                                in consultation with the minority 
                                leader of the House of Representatives 
                                and the minority leader of the Senate.
                            (ii) Restrictions.--
                                    (I) In general.--Subject to 
                                subclause (II), each of the 8 members 
                                appointed under clause (i)(IV) shall 
                                represent 1 of the following Corps of 
                                Engineers geographical divisions:
                                            (aa) Great Lakes & Ohio 
                                        River Division.
                                            (bb) Mississippi Valley 
                                        Division.
                                            (cc) North Atlantic 
                                        Division.
                                            (dd) Northwestern Division.
                                            (ee) Pacific Ocean 
                                        Division.
                                            (ff) South Atlantic 
                                        Division.
                                            (gg) South Pacific 
                                        Division.
                                            (hh) Southwestern Division.
                                    (II) Geographical representation.--
                                Not more than 2 of the members 
                                appointed under clause (i)(IV) shall 
                                represent the same Corps of Engineers 
                                geographical division described in 
                                subclause (I).
                    (B) Qualifications.--
                            (i) In general.--Subject to clause (ii), 
                        members shall be appointed to the Commission 
                        from among individuals who--
                                    (I)(aa) are knowledgeable in the 
                                fields of navigation, water 
                                infrastructure, or natural resources; 
                                or
                                    (bb) are recognized as having 
                                expertise in project management or 
                                cost-benefit analysis; and
                                    (II) while serving on the 
                                Commission, do not hold any other 
                                position as an officer or employee of 
                                the United States, except as a retired 
                                officer or retired civilian employee of 
                                the United States.
                            (ii) Requirement.--At least 1 of the 
                        members under subparagraph (A) shall have 
                        knowledge of safety issues relating to water 
                        resources projects carried out by the Corps of 
                        Engineers.
                    (C) Date of appointments.--The members of the 
                Commission shall be appointed under subparagraph (A) 
                not later than 90 days after the date of enactment of 
                this Act.
            (3) Term; vacancies.--
                    (A) Term.--A member shall be appointed for the life 
                of the Commission.
                    (B) Vacancies.--A vacancy in the Commission--
                            (i) shall not affect the powers of the 
                        Commission; and
                            (ii) 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.
            (4) 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.
            (5) Meetings.--The Commission shall meet at the call of--
                    (A) the Chairperson; or
                    (B) the majority of the members of the Commission.
            (6) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum, but a lesser number of members may 
        hold hearings.
            (7) Chairperson and vice chairperson.--The Commission shall 
        select a Chairperson and Vice Chairperson from among the 
        members of the Commission.
    (b) Duties of Commission.--
            (1) Prioritization of water resources projects.--
                    (A) In general.--In accordance with this section, 
                the Commission shall make recommendations for the means 
                by which to prioritize water resources projects of the 
                Corps of Engineers and prioritize water resources 
                projects of the Corps of Engineers that are not being 
                carried out under a continuing authorities program.
                    (B) Report.--Not later than 1 year after the date 
                of enactment of this Act, the Commission shall submit 
                to Congress a report containing the recommendations and 
                prioritization method required under this paragraph.
                    (C) Recommendations.--The report shall include 
                recommendations for--
                            (i) a process of regularized prioritization 
                        assessments that ensures continuity in project 
                        prioritization rankings and the inclusion of 
                        newly authorized projects;
                            (ii) a process to prioritize water 
                        resources projects across project type; and
                            (iii) a method of analysis, with respect to 
                        the prioritization process, of recreation and 
                        other ancillary benefits resulting from the 
                        construction of Corps of Engineers projects.
                    (D) Project inclusions.--The report shall include, 
                at a minimum, each water resources project authorized 
                for study or construction on or before the date of 
                enactment of this Act.
                    (E) Prioritization requirements.--
                            (i) In general.--Each project described in 
                        the report shall be categorized by project type 
                        and be classified into a tier system of 
                        descending priority, to be established by the 
                        Commission, in a manner that reflects the 
                        extent to which the project achieves project 
                        prioritization criteria established under 
                        subparagraph (F).
                            (ii) Multipurpose projects.--Each 
                        multipurpose project described in the report 
                        shall be classified--
                                    (I) by the project type that best 
                                represents the primary project purpose, 
                                as determined by the Commission; and
                                    (II) into the tier system described 
                                in clause (i) within that project type.
                            (iii) Tier system requirements.--In 
                        establishing a tier system under clause (i), 
                        the Commission shall ensure that each tier--
                                    (I) is limited to total authorized 
                                project costs of $5,000,000,000; and
                                    (II) includes not more than 100 
                                projects.
                            (iv) Balance.--The Commission shall seek, 
                        to the maximum extent practicable, a balance 
                        between the water resource needs of all States, 
                        regardless of the size or population of a 
                        State.
                    (F) Project prioritization criteria.--In preparing 
                the report, the Commission shall prioritize each water 
                resources project of the Corps of Engineers based on 
                the extent to which the project meets at least the 
                following criteria and such additional criteria as the 
                Commission may fully explain in the report:
                            (i) For flood damage reduction projects, 
                        the extent to which such a project--
                                    (I) addresses critical flood damage 
                                reduction needs of the United States, 
                                including by reducing the risk of loss 
                                of life;
                                    (II) avoids increasing risks to 
                                human life or damages to property in 
                                the case of large flood events; and
                                    (III) avoids adverse environmental 
                                impacts or produces environmental 
                                benefits.
                            (ii) For navigation projects, the extent to 
                        which such a project--
                                    (I) addresses priority navigation 
                                needs of the United States, including 
                                by having a high probability of 
                                producing the economic benefits 
                                projected with respect to the project 
                                and reflecting regional planning needs, 
                                as applicable; and
                                    (II) avoids adverse environmental 
                                impacts.
                            (iii) For environmental restoration 
                        projects, the extent to which such a project 
                        addresses priority environmental restoration 
                        needs of the United States, including by 
                        restoring the natural hydrologic processes and 
                        spatial extent of an aquatic habitat, while 
                        being, to the maximum extent practicable, self-
                        sustaining.
            (2) Availability.--The report prepared under this 
        subsection shall be--
                    (A) published in the Federal Register; and
                    (B) submitted to--
                            (i) the Committees on Environment and 
                        Public Works and Appropriations of the Senate; 
                        and
                            (ii) the Committees on Transportation and 
                        Infrastructure and Appropriations of the House 
                        of Representatives.
    (c) Powers of Commission.--
            (1) 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 section.
            (2) Information from federal agencies.--
                    (A) In general.--The Commission may secure directly 
                from a Federal agency such information as the 
                Commission considers necessary to carry out this 
                section.
                    (B) Provision of information.--On request of the 
                Chairperson of the Commission, the head of the Federal 
                agency shall provide the information to the Commission.
            (3) Gifts.--The Commission may accept, use, and dispose of 
        gifts or donations of services or property.
            (4) 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.
    (d) Commission Personnel Matters.--
            (1) 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.
            (2) Staff.--
                    (A) 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.
                    (B) Confirmation of executive director.--The 
                employment of an executive director shall be subject to 
                confirmation by a majority of the members of the 
                Commission.
                    (C) Compensation.--
                            (i) In general.--Except as provided in 
                        clause (ii), 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.
                            (ii) 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.
            (3) Detail of federal government employees.--
                    (A) In general.--An employee of the Federal 
                Government may be detailed to the Commission without 
                reimbursement.
                    (B) Civil service status.--The detail of a Federal 
                employee shall be without interruption or loss of civil 
                service status or privilege.
            (4) Procurement of temporary and intermittent services.--On 
        request of the Commission, the Secretary, 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 section.
    (e) Termination.--The Commission shall terminate on the date that 
is 90 days after the date on which the final report of the Commission 
is submitted under subsection (b).

SEC. 204. FUNDING.

    (a) Funding.--
            (1) In general.--In carrying out this title, the Commission 
        shall use funds made available for the general operating 
        expenses of the Corps of Engineers.
            (2) Priority water resources projects.--In carrying out the 
        water resources projects prioritized by the Commission under 
        section 203(b), the Secretary shall use funds made available to 
        the Corps of Engineers.
    (b) Use of Commission Report by Secretary.--
            (1) In general.--The Secretary shall use the priority 
        recommendations described in the report under section 203(b) as 
        a means of allocating amounts appropriated under subsection 
        (a)(2).
            (2) Exception.--The Secretary may deviate from the priority 
        recommendations in the report under section 203(b) by advancing 
        the priority of a project only if the Secretary determines 
        that--
                    (A) the project is vital to the national interest 
                of the United States; and
                    (B) failure to complete the project would cause 
                significant harm and expense to the United States.
    (c) Reports.--
            (1) In general.--For each fiscal year, the Secretary shall 
        submit to the committees described in paragraph (2), and make 
        available to the public on the Internet, a report that lists, 
        for the year covered by the report--
                    (A) the water resources projects that receive 
                funding and are carried out in accordance with section 
                203(b); and
                    (B) the water resources projects that receive 
                funding and are carried out on a project-by-project 
                basis through line items contained in appropriations 
                Acts.
            (2) Committees.--The committees referred to in paragraph 
        (1) are--
                    (A) the Committees on Environment and Public Works 
                and Appropriations of the Senate; and
                    (B) the Committees on Transportation and 
                Infrastructure and Appropriations of the House of 
                Representatives.
                                 <all>