[Congressional Record Volume 153, Number 126 (Thursday, August 2, 2007)]
[Senate]
[Pages S10844-S10846]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            NATIONAL INFRASTRUCTURE IMPROVEMENT ACT OF 2007

  Mr. PRYOR. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 319, S. 775.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 775) to establish a National Commission on the 
     Infrastructure of the United States.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported by the Committee on Environment and Public 
Works with an amendment to strike all after the enacting clause and 
insert in lieu thereof the following:

     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.

[[Page S10845]]

       (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.

[[Page S10846]]

       (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.

  Mr. PRYOR. Mr. President, I ask unanimous consent that the amendment 
that is at the desk be considered and agreed to, the substitute 
amendment, as amended, be agreed to, the motions to reconsider be laid 
upon the table, en bloc, the bill, as amended, be read three times, 
passed, the motion to reconsider be laid upon the table, and that any 
statements relating to the bill be printed in the Record, without 
intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2648) was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill (S. 775) was ordered to be engrossed for a third reading, 
was read the third time, and passed.

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