S 573

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.

END