[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 615 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 615

   To improve the accountability and transparency in infrastructure 
       spending by requiring a life-cycle cost analysis of major 
  infrastructure projects, providing the flexibility to use alternate 
  infrastructure type bidding procedures to reduce project costs, and 
 requiring the use of design standards to improve efficiency and save 
                           taxpayer dollars.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 17, 2011

  Mr. Vitter introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
   To improve the accountability and transparency in infrastructure 
       spending by requiring a life-cycle cost analysis of major 
  infrastructure projects, providing the flexibility to use alternate 
  infrastructure type bidding procedures to reduce project costs, and 
 requiring the use of design standards to improve efficiency and save 
                           taxpayer dollars.

    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 ``Fiscal Accountability and 
Transparency in Infrastructure Spending Act of 2011''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``agency'' has the meaning given the 
        term ``Executive agency'' in section 105 of title 5, United 
        States Code.
            (2) Alternate infrastructure type bidding.--The term 
        ``alternate infrastructure type bidding'' means a process under 
        which a Federal, State or local agency determines, from 
        engineering and economic analysis, that 2 or more initial 
        project designs utilizing different construction materials and 
        methods and their forecasted performance and life-cycle costs 
        are comparable or similar enough to warrant solicitation of 
        bids on more than 1 design for a project.
            (3) Life-cycle cost analysis.--The term ``life-cycle cost 
        analysis'' means a process for evaluating the total economic 
        worth of an infrastructure project by analyzing initial costs 
        and discounted future costs, such as structural maintenance, 
        user costs, reconstruction, rehabilitation, restoring, and 
        resurfacing costs, over at least a 50-year period.
            (4) Major infrastructure projects.--The term ``major 
        infrastructure projects'' means highway, transit, rail 
        (including high-speed passenger rail), airport, seaport, public 
        housing, energy, water, bridge, and military construction 
        projects, including those authorized under titles 23, 40, and 
        49, United States Code, for which the total Federal cost 
        estimated by the Federal or State government, including the 
        cost of materials, is not less than $5,000,000.
            (5) Mechanistic-empirical pavement design guide.--The term 
        ``Mechanistic-Empirical Pavement Design Guide'' means the 
        pavement design guide and software, developed under National 
        Cooperative Highway Research Program Project 1-37A, providing a 
        uniform basis for the design of flexible, rigid, and composite 
        pavements, using mechanistic-empirical approaches.

SEC. 3. LIFE-CYCLE COST ANALYSIS.

    (a) Requirement To Obtain Life-Cycle Cost Analysis.--Not later than 
1 year after the date of the enactment of this Act, each agency shall 
obtain a life-cycle cost analysis based on the standards developed by 
the Office of Management and Budget pursuant to subsection (c) for each 
major infrastructure project prior to obligating funds.
    (b) Sources of Life-Cycle Cost Analysis.--The life-cycle cost 
analysis required under subsection (a) may be obtained from State or 
local governments, or private sector entities.
    (c) Guidance.--
            (1) Development.--Not later than 6 months after the date of 
        the enactment of this Act, the Director of the Office of 
        Management and Budget, in consultation with the American 
        Association of State Highway and Transportation Officials, 
        shall issue a circular that provides guidance to agencies on 
        implementing the requirements under subsection (a).
            (2) Requirements.--In developing the circular required 
        under paragraph (1), the Director shall--
                    (A) provide the public with notice and opportunity 
                to comment before issuing the circular;
                    (B) consider the principles contained in section 2 
                of Executive Order 12893, ``Principles for Federal 
                Infrastructure Investments'' (January 31, 1994; 59 Fed. 
                Reg. 4233); and
                    (C) require that any analysis obtained pursuant to 
                subsection (a)--
                            (i) be conducted over at least a 50-year 
                        valuation period; and
                            (ii) use actual material life and 
                        maintenance cost data.
    (d) Transparency.--Any life-cycle analysis obtained by an agency 
pursuant to subsection (a) shall be posted on the agency's Web site not 
later than 72 hours after it is received.

SEC. 4. FLEXIBILITY TO USE ALTERNATE INFRASTRUCTURE TYPE BIDDING 
              PROCEDURES.

    (a) Application to National Highway System.--A State transportation 
department or local transportation agency may, in its sole discretion, 
award contracts for projects on the National Highway System pursuant to 
alternate infrastructure type bidding procedures.
    (b) Application to Other Major Infrastructure Programs.--
Notwithstanding any other provision of law, Federal, State and local 
governments may award contracts for major infrastructure projects 
pursuant to alternate infrastructure type bidding procedures.

SEC. 5. MECHANISTIC-EMPIRICAL PAVEMENT DESIGN GUIDE.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Transportation shall require States to utilize the 
Mechanistic-Empirical Pavement Design Guide for the initial design 
phase of all projects authorized under title 23, United States Code.
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