109th CONGRESS
2d Session
S. 2388
To establish a National Commission on the Infrastructure of the
United States.
IN THE SENATE OF THE UNITED STATES
March 8, 2006
Mr. VOINOVICH (for himself, Mr. CARPER, and Mrs. CLINTON) introduced the
following bill; which was read twice and referred to the Committee on Environment
and Public Works
A BILL
To establish a National Commission on the Infrastructure of the
United States.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `National Infrastructure Improvement Act of
2006'.
SEC. 2. DEFINITIONS.
(1) ACQUISITION- The term `acquisition' includes the addition of land,
sites, equipment, structures, facilities, 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.
(A) IN GENERAL- The term `infrastructure' means a nonmilitary structure
or facility and equipment associated with that structure or facility.
(B) INCLUSIONS- The term `infrastructure' includes--
(i) a surface transportation facility (such as a road, bridge, highway,
public transportation facility, and freight and passenger rail), as
the Commission, in consultation with the National Surface Transportation
Policy and Revenue Study Commission established by section 1909(b)(1)
of the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users (Public Law 109-59; 119 Stat. 1471), determines
to be appropriate;
(ii) a mass transit facility;
(iii) an airport or airway facility;
(iv) a resource recovery facility;
(v) a water supply and distribution system;
(vi) a wastewater collection, treatment, and related facility;
(vii) waterways, locks, and dams;
(viii) a levee and any related flood-control facility;
(x) a solid waste disposal facility.
(5) MAINTENANCE- The term `maintenance' means any regularly scheduled
activity, such as a routine repair, intended to ensure that infrastructure
continues to operate efficiently.
(6) REHABILITATION- The term `rehabilitation' means--
(A) the correction of a deficiency in existing infrastructure so as
to extend the useful life or improve the effectiveness of the infrastructure;
(B) the modernization or replacement of equipment of existing infrastructure;
and
(C) the modernization of, or replacement of parts for, rolling stock
relating to infrastructure.
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; and
(2) facilitates economic growth.
(1) COMPOSITION- The Commission shall be composed of 7 members, of whom--
(A) 3 members shall be appointed by the President;
(B) 1 member 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) 1 member 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 have experience
in 1 or more of the fields of economics, public administration, civil
engineering, public works, construction, and related design professions,
planning, or public investment financing.
(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.
(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 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.
(1) IN GENERAL- Not later than February 15, 2009, the Commission, in consultation
with the advisory group established by paragraph (3)(A), shall complete
a study of all matters relating to the state of the infrastructure of
the United States.
(2) MATTERS TO BE STUDIED- In carrying out paragraph (1), the Commission
shall study such matters as--
(A) the capacity of infrastructure improvements to sustain current and
anticipated economic development and competitiveness, including long-term
economic growth, and to support a sustained and expanding economy;
(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 public works improvements (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 that construction,
acquisition, rehabilitation, and maintenance;
(E) investment requirements, by type of facility, that are necessary
to maintain the current condition and performance of those facilities
and the investment needed (as adjusted for inflation and expressed in
real dollars) to improve those facilities in the future;
(F)(i) the projected share of Federal, State, local, and other government
levels of investment requirements as identified in subparagraph (E);
and
(ii) the projected expenditure on infrastructure facility improvements
described in subparagraph (E) by each level of government;
(G) estimates of the return to the economy from public works investment;
(H) any trends or innovations in infrastructure procurement methods;
and
(I) any trends or innovations in construction methods or materials.
(A) ESTABLISHMENT- There is established an advisory group to provide
assistance and advice on request of the Commission.
(B) MEMBERSHIP- The advisory group shall be composed of--
(i) the Secretary of the Army;
(ii) the Secretary of Agriculture;
(iii) the Secretary of Transportation;
(iv) the Administrator of the Environmental Protection Agency;
(v) the Secretary of Commerce;
(vi) the Secretary of Education;
(vii) the Secretary of Energy;
(viii) the Secretary of the Treasury;
(ix) the Secretary of the Interior;
(x) the Administrator of General Services;
(xi) the Director of the Office of Management and Budget;
(xii) a representative of the National Governors Association;
(xiii) a representative of the National Association of Counties;
(xiv) a representative of the United States Conference of Mayors;
and
(xv) a representative of the National Conference of State Legislatures.
(C) COMPENSATION- The members of the advisory group shall serve without
compensation.
(D) TERMINATION- The advisory group shall terminate on September 30,
2009.
(4) RESOURCES; DATA- In carrying out paragraph (1), to the maximum extent
practicable, the Commission shall--
(A) use existing studies, data, sampling techniques, and reports of
other commissions; and
(B) if collecting new data under this section, make every effort to
ensure that the data is collected in consultation with the States so
as to ensure that uniform methods, categories, and analyses are used.
(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 growth and economic
development;
(2) on public works improvements and methods of delivering and providing
for public work 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 public works improvements;
(B) assessing the condition of public works improvements; and
(C) developing uniform criteria and procedures for use in conducting
those inventories and assessments; 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, 2009, 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.
(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.
(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 the Committee on Environment and Public Works and the Committee
on Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives.
SEC. 8. FUNDING.
(a) Fiscal Year 2007- For fiscal year 2007, from amounts otherwise made
available to the Secretary of the Treasury and the Secretary of Transportation
for administrative and policy measures for that fiscal year, each of the
Secretaries shall transfer to the Commission not more than $1,000,000, as
the Commission may request to carry out this Act.
(b) Future Fiscal Years- There is authorized to be appropriated to the Commission
to carry out this Act $1,000,000 for each of fiscal years 2008 and 2009.
SEC. 9. TERMINATION OF COMMISSION.
The Commission shall terminate on September 30, 2009.
END
