S 775 ESRFHCommentsClose CommentsPermalink

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

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

SEC. 2. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) COMMISSION- The term `Commission' means the National Commission on the Infrastructure of the United States established by section 3(a).CommentsClose CommentsPermalink





(3) CONSTRUCTION- The term `construction' means--CommentsClose CommentsPermalink





(A) the design, planning, and erection of new infrastructure;CommentsClose CommentsPermalink





(B) the expansion of existing infrastructure;CommentsClose CommentsPermalink





(C) the reconstruction of an infrastructure project at an existing site; andCommentsClose CommentsPermalink





(D) the installation of initial or replacement infrastructure equipment.CommentsClose CommentsPermalink





(4) INFRASTRUCTURE-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) INCLUSIONS- The term `infrastructure' includes--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(ii) a mass transit facility;CommentsClose CommentsPermalink





(iii) an airport or airway facility;CommentsClose CommentsPermalink





(iv) a resource recovery facility;CommentsClose CommentsPermalink





(v) a water supply and distribution system;CommentsClose CommentsPermalink





(vi) a wastewater collection, conveyance, or treatment system, and related facilities;CommentsClose CommentsPermalink





(vii) a stormwater treatment system to manage, reduce, treat, or reuse municipal stormwater;CommentsClose CommentsPermalink





(viii) waterways, locks, dams, and associated facilities;CommentsClose CommentsPermalink





(ix) a levee and any related flood damage reduction facility;CommentsClose CommentsPermalink





(x) a dock or port; andCommentsClose CommentsPermalink





(xi) a solid waste disposal facility.CommentsClose CommentsPermalink





(5) NONSTRUCTURAL ELEMENTS- The term `nonstructural elements' includes --CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(B) any natural design technique that percolates, filters, stores, evaporates, and detains water close to the source of the water; andCommentsClose CommentsPermalink





(C) any feature that minimizes or disconnects impervious surfaces to slow runoff or allow precipitation to percolate.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(7) REHABILITATION- The term `rehabilitation' means an action to extend the useful life or improve the effectiveness of existing infrastructure, including--CommentsClose CommentsPermalink





(A) the correction of a deficiency;CommentsClose CommentsPermalink





(B) the modernization or replacement of equipment;CommentsClose CommentsPermalink





(C) the modernization of, or replacement of parts for, rolling stock relating to infrastructure;CommentsClose CommentsPermalink





(D) the use of nonstructural elements; andCommentsClose CommentsPermalink





(E) the removal of infrastructure that is deteriorated or no longer useful.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) meets current and future demand;CommentsClose CommentsPermalink





(2) facilitates economic growth;CommentsClose CommentsPermalink





(3) is maintained in a manner that ensures public safety; andCommentsClose CommentsPermalink





(4) is developed or modified in a sustainable manner.CommentsClose CommentsPermalink





(b) Membership-CommentsClose CommentsPermalink





(1) COMPOSITION- The Commission shall be composed of 8 members, of whom--CommentsClose CommentsPermalink





(A) 2 members shall be appointed by the President;CommentsClose CommentsPermalink





(B) 2 members shall be appointed by the Speaker of the House of Representatives;CommentsClose CommentsPermalink





(C) 1 member shall be appointed by the minority leader of the House of Representatives;CommentsClose CommentsPermalink





(D) 2 members shall be appointed by the majority leader of the Senate; andCommentsClose CommentsPermalink





(E) 1 member shall be appointed by the minority leader of the Senate.CommentsClose CommentsPermalink





(2) QUALIFICATIONS- Each member of the Commission shall--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(B) represent a cross-section of geographical regions of the United States.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Term; Vacancies-CommentsClose CommentsPermalink





(1) TERM- A member shall be appointed for the life of the Commission.CommentsClose CommentsPermalink





(2) VACANCIES- A vacancy in the Commission--CommentsClose CommentsPermalink





(A) shall not affect the powers of the Commission; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(e) Meetings- The Commission shall meet at the call of the Chairperson or the request of the majority of the Commission members.CommentsClose CommentsPermalink





(f) Quorum- A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.CommentsClose CommentsPermalink





(g) Chairperson and Vice Chairperson- The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission.CommentsClose CommentsPermalink

SEC. 4. DUTIES.

(a) Study-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) MATTERS TO BE STUDIED- In carrying out paragraph (1), the Commission shall study matters such as--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(B) the age and condition of public infrastructure (including congestion and changes in the condition of that infrastructure as compared with preceding years);CommentsClose CommentsPermalink





(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);CommentsClose CommentsPermalink





(D) any trends or innovations in methods used to finance the construction, acquisition, rehabilitation, and maintenance of infrastructure;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(i) the projected amount of need the expenditures will meet 5, 15, 30, and 50 years after the date of enactment of this Act; andCommentsClose CommentsPermalink





(ii) the levels of investment requirements, as identified under subparagraph (E);CommentsClose CommentsPermalink





(G) any trends or innovations in infrastructure procurement methods;CommentsClose CommentsPermalink





(H) any trends or innovations in construction methods or materials for infrastructure;CommentsClose CommentsPermalink





(I) the impact of local development patterns on demand for Federal funding of infrastructure;CommentsClose CommentsPermalink





(J) the impact of deferred maintenance; andCommentsClose CommentsPermalink





(K) the collateral impact of deteriorated infrastructure.CommentsClose CommentsPermalink





(b) Recommendations- The Commission shall develop recommendations--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(2) on infrastructure improvements and methods of delivering and providing for infrastructure facilities;CommentsClose CommentsPermalink





(3) for analysis or criteria and procedures that may be used by Federal agencies and State and local governments in--CommentsClose CommentsPermalink





(A) inventorying existing and needed infrastructure improvements;CommentsClose CommentsPermalink





(B) assessing the condition of infrastructure improvements;CommentsClose CommentsPermalink





(C) developing uniform criteria and procedures for use in conducting the inventories and assessments; andCommentsClose CommentsPermalink





(D) maintaining publicly accessible data; andCommentsClose CommentsPermalink





(4) for proposed guidelines for the uniform reporting, by Federal agencies, of construction, acquisition, rehabilitation, and maintenance data with respect to infrastructure improvements.CommentsClose CommentsPermalink





(c) Statement and Recommendations- Not later than February 15, 2010, the Commission shall submit to Congress--CommentsClose CommentsPermalink





(1) a detailed statement of the findings and conclusions of the Commission; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Information From Federal Agencies-CommentsClose CommentsPermalink





(1) IN GENERAL- The Commission may secure directly from a Federal agency such information as the Commission considers necessary to carry out this Act.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Gifts- The Commission may accept, use, and dispose of gifts or donations of services or property.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Staff-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) COMPENSATION-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Detail of Federal Government Employees-CommentsClose CommentsPermalink





(1) IN GENERAL- An employee of the Federal Government may be detailed to the Commission without reimbursement.CommentsClose CommentsPermalink





(2) CIVIL SERVICE STATUS- The detail of a Federal employee shall be without interruption or loss of civil service status or privilege.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 7. 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--CommentsClose CommentsPermalink





(1) the President;CommentsClose CommentsPermalink





(2) the Committees on Transportation and Infrastructure and Natural Resources of the House of Representatives; andCommentsClose CommentsPermalink





(3) the Committees on Environment and Public Works, Energy and Natural Resources, and Commerce, Science, and Transportation of the Senate.CommentsClose CommentsPermalink





(b) Final Report- On termination of the Commission under section 9, 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--CommentsClose CommentsPermalink





(1) the President;CommentsClose CommentsPermalink





(2) the Committees on Transportation and Infrastructure and Natural Resources of the House of Representatives; andCommentsClose CommentsPermalink





(3) the Committees on Environment and Public Works, Energy and Natural Resources, and Commerce, Science, and Transportation of the Senate.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 8. FUNDING.

For each of fiscal years 2008 through 2010, upon request by the Commission--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(3) the Administrator of the Environmental Protection Agency shall transfer to the Commission $250,000 for use in carrying out this Act.CommentsClose CommentsPermalink

SEC. 9. TERMINATION OF COMMISSION.

The Commission shall terminate on September 30, 2010.CommentsClose CommentsPermalink

Passed the Senate August 2, 2007.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Secretary.