S.Amdt. 824

This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.

SA 824. Mr. DeMINT submitted an amendment intended to be proposed by
him to the bill H.R. 2112, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
programs for the fiscal year ending September 30, 2012, and for other
purposes; which was ordered to lie on the table; as follow:

       At the appropriate place, insert the following:

                 DIVISION __--CORPS OF ENGINEERS REFORM

     SECTION 1. SHORT TITLE.

       This division may be cited as the ``Corps of Engineers
     Reform Act of 2011''.

                   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.

[[Page S6682]]

       (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.--

[[Page S6683]]

       ``(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

[[Page S6684]]

     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.
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