Sec. 2049. Project deauthorizations

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Section 1001(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 579a(b) ) is amended— by striking paragraph

(2)and inserting the following: Notwithstanding section 3003 of Public Law 104–66 ( 31 U.S.C. 1113 note; 109 Stat. 734), each year, after the submission of the list under paragraph (1), the Secretary shall submit to Congress a list of projects or separable elements of projects that have been authorized but that have received no obligations during the 5 full fiscal years preceding the submission of that list. On submission of the list under subparagraph

(A)to Congress, the Secretary shall notify— each Senator in whose State and each Member of the House of Representatives in whose district a project (including any part of a project) on that list would be located; and each applicable non-Federal interest associated with a project (including any part of a project) on that list. A project or separable element included in the list under subparagraph

(A)is not authorized after the last date of the fiscal year following the fiscal year in which the list is submitted to Congress, if funding has not been obligated for the planning, design, or construction of the project or element of the project during that period. ; and by adding at the end the following: At the end of each fiscal year, the Secretary shall submit to Congress a list of— projects or separable elements of projects authorized for construction for which funding has been obligated in the 5 previous fiscal years; the amount of funding obligated per fiscal year; the current phase of each project or separable element of a project; and the amount required to complete those phases. Not later than 180 days after the date of enactment of the Water Resources Development Act of 2013 , the Secretary shall compile and publish a complete list of all uncompleted, authorized projects of the Corps of Engineers, including for each project on that list— the original budget authority for the project; the status of the project; the estimated date of completion of the project; the estimated cost of completion of the project; and any amounts for the project that remain unobligated. The Secretary shall submit a copy of the list under subparagraph

(A)to— the appropriate committees of Congress; and the Director of the Office of Management and Budget. Not later than 30 days after providing the report to Congress under clause (i), the Secretary shall make a copy of the list available on a publicly accessible Internet site, in a manner that is downloadable, searchable, and sortable. . The purposes of this subsection are— to establish a process for identifying authorized Corps of Engineers water resources projects that are no longer in the Federal interest and no longer feasible; to create a commission— to review suggested deauthorizations, including consideration of recommendations of the States and the Secretary for the deauthorization of water resources projects; and to make recommendations to Congress; to ensure public participation and comment; and to provide oversight on any recommendations made to Congress by the Commission. There is established an independent commission to be known as the Infrastructure Deauthorization Commission (referred to in this paragraph as the Commission ). The Commission shall carry out the review and recommendation duties described in paragraph (5). The Commission shall be composed of 8 members, who shall be appointed by the President, by and with the advice and consent of the Senate according to the expedited procedures described in clause (ii). On receipt by the Senate of a nomination under clause (i), the nomination shall— be placed on the Executive Calendar under the heading Privileged Nominations—Information Requested ; and remain on the Executive Calendar under that heading until the Executive Clerk receives a written certification from the Chairman of the committee of jurisdiction under subclause (II). The Chairman of the Committee on Environment and Public Works of the Senate shall notify the Executive Clerk in writing when the appropriate biographical and financial questionnaires have been received from an individual nominated for a position under clause (i). On receipt of the certification under subclause (II), the nomination shall— be placed on the Executive Calendar under the heading Privileged Nomination—Information Received and remain on the Executive Calendar under that heading for 10 session days; and after the expiration of the period referred to in item (aa), be placed on the Nominations section of the Executive Calendar. During the period when a nomination under clause

(i)is listed under the Privileged Nomination—Information Requested section of the Executive Calendar described in subclause (I)(aa) or the Privileged Nomination—Information Received section of the Executive Calendar described in subclause (III)(aa)— any Senator may request on his or her own behalf, or on the behalf of any identified Senator that the nomination be referred to the appropriate committee of jurisdiction; and if a Senator makes a request described in paragraph item (aa), the nomination shall be referred to the appropriate committee of jurisdiction. The Secretary of the Senate shall create the appropriate sections on the Executive Calendar to reflect and effectuate the requirements of this clause. The report accompanying each bill or joint resolution of a public character reported by any committee shall contain an evaluation and justification made by that committee for the establishment in the measure being reported of any new position appointed by the President within an existing or new Federal entity. Members of the Commission shall be knowledgeable about Corps of Engineers water resources projects. To the maximum extent practicable, the members of the Commission shall be geographically diverse. Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Commission. Not later than 2 years after the date of enactment of this Act, each State, in consultation with local interests, may develop and submit to the Commission, the Committee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives, a detailed statewide water resources plan that includes a list of each water resources project that the State recommends for deauthorization. Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Commission, the Committee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a detailed plan that— contains a detailed list of each water resources project that the Corps of Engineers recommends for deauthorization; and is based on assessment by the Secretary of the needs of the United States for water resources infrastructure, taking into account public safety, the economy, and the environment. On the appointment and confirmation of all members of the Commission, the Commission shall solicit public comment on water resources infrastructure issues and priorities and recommendations for deauthorization, including by— holding public hearings throughout the United States; and receiving written comments. Not later than 4 years after the date of enactment of this Act, the Commission shall submit to Congress a list of water resources projects of the Corps of Engineers for deauthorization. In carrying out this paragraph, the Commission shall establish criteria for evaluating projects for deauthorization, which shall include consideration of— the infrastructure plans submitted by the States and the Secretary under paragraphs

(3)and (4); any public comment received during the period described in subparagraph (A); public safety and security; the environment; and the economy. The following types of projects shall not be eligible for review for deauthorization by the Commission: Any project authorized after the date of enactment of the Water Resources Development Act of 1996 ( Public Law 104–303 ; 110 Stat. 3658), including any project that has been reauthorized after that date. Any project that, as of the date of enactment of this Act, is undergoing a review by the Corps of Engineers. Any project that has received appropriations in the 10-year period ending on the date of enactment of this Act. Any project that, on the date of enactment of this Act, is more than 50 percent complete. Any project that has a viable non-Federal sponsor. Any water resources project recommended for deauthorization on the list submitted to Congress under subparagraph

(B)shall be deemed to be deauthorized unless Congress passes a joint resolution disapproving of the entire list of deauthorized water resources projects prior to the date that is 180 days after the date on which the Commission submits the list to Congress. For purposes of this subsection, water resources projects shall include environmental infrastructure assistance projects and programs of the Corps of Engineers.

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