[Congressional Record Volume 150, Number 132 (Wednesday, November 17, 2004)]
[Senate]
[Pages S11432-S11434]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GRAHAM of Florida (for himself and Mr. Voinovich):
  S. 2993. A bill to establish a National Commission on the 
Infrastructure of the United States; to the Committee on Environment 
and Public Works.
  Mr. GRAHAM of Florida. Mr. President, I rise to introduce the 
National Infrastructure Improvement Act of 2004. For the past year, 
both bodies of Congress and the Administration have been in a numbers 
debate--disagreeing over the appropriate level of Federal expenditures 
for surface transportation, highways and public transit, for the next 
six years.
  What this dispute misses are the real issues: 1. What is the state of 
our surface transportation systems and other public infrastructure? 2. 
What will the expenditure levels in the bills under consideration do to 
affect that state? 3. What do the American people want in terms of 
maintenance, access, congestion, and serviceability of our highways, 
bridges, public transit, schools, water and sewer systems, and other 
infrastructure sectors?
  Now, we have passed an 8 month surface transportation extension 
because the White House and both bodies of Congress could not even 
agree on a $318 billion funding level--$57 billion lower than what was 
recommended by the United States Department of Transportation to 
maintain our surface transportation. These inadequate levels of funding 
that were being discussed proves that surface transportation and 
infrastructure is not a priority of this Congress. This is the precise 
reason we must establish an infrastructure commission to assess the 
problems of our nation's infrastructure and recommend solutions. This 
Congress must understand that a component of America's economic 
competitiveness lies within our infrastructure.
  The reality is that our Nation is in the midst of an infrastructure 
crisis. In almost every one of these areas, America is losing ground at 
an alarming pace and inadequate funding on the part of the federal 
government is the leading cause.
  The infrastructure deficit interferes with our personal lives on a 
daily basis. Increased congestion means longer commutes to and from 
work. Unrepaired potholes means greater wear and tear on our vehicles. 
Deteriorating water lines means greater exposure to lead in our 
drinking water.
  Crumbling schools means our children do not receive the quality 
education they deserve. We cannot expect our children to be productive 
if their schools' basic amenities do not meet the fundamental standards 
needed for effective learning. A 2003 report by the American Society of 
Civil Engineers, who I am happy to say support this piece of 
legislation, in addition to the Associated General Contractors of 
America and the American Public Works Association, had schools rated as 
a D- and estimated that 75% of school buildings are inadequate to meet 
the needs of school children.
  An even greater threat is over the horizon. This infrastructure 
deficit will erode our economic productivity advantage, the principle 
hope for Americans to maintain our standard of living in the face of 
fierce global competition. U.S. productivity, and the high standard of 
living that results, is dependent upon efficient transportation systems 
and healthy workers.
  We are not efficient if our goods are shipped on trucks that are 
stuck in congested traffic. We are not efficient if our harbors are 
unable to accommodate the newest generation of freighters. And our 
workers cannot be productive if our sewer and water lines are in such 
disrepair that it affects their health.
  In 1984, Congress established the National Council on Public Works 
Improvement to report on the state of the Nation's infrastructure. They 
found that investment in America's infrastructure was barely keeping up 
with yearly depreciation and that the system would not be able to 
adequately respond to increased demand. Their 1988 final report warned 
that without increased investment, America would be faced with an 
``infrastructure crisis.''
  Sixteen years later and after the major economic boom of the 1990's, 
we have failed to maintain, let alone improve, America's 
infrastructure. The consequences of our inaction are apparent. In the 
1988 report, the national infrastructure grade was a ``C.'' The ASCE 
2003 Report Card for America's Infrastructure demoted the overall grade 
to a ``D+.'' It is evident that there has been a deterioration in 
several aspects of our infrastructure since the 1988 report.
  In 1988, roads received a grade of a C+. In 2003, roads were 
downgraded to a D+.
  In 1988, water resources and water supply was given a B and B- 
respectively. In 2003, drinking water received a D and navigable 
waterways received a D+.
  This deterioration has a ripple effect throughout the entire economy. 
Public dollars invested in infrastructure increases the productivity of 
private investment, which keeps the U.S. competitive in the global 
economy.
  What should we do? In the short run, any infrastructure bill passed 
prior to the development of a long-term plan should be for 3 years or 
less in duration. This is the only way to keep the political heat on 
the White House and the Congress. Our recent experience with 6-year 
authorization bills, such as the highway bill, demonstrates the Jekyll 
and Hyde approach we have taken toward infrastructure. There is a 
moderate peak of attention when the legislation is up for 
reauthorization, then, more than a half a decade of disinterest.
  Also in the short run, Congress must restrain itself from using the 
surface transportation act and other infrastructure legislation as a 
field of turkeys with the gobblers to be brought home to voters. The 
ability of Congress to restrain itself would be enormously enhanced if 
the relevant federal agencies would immediately get to the task of 
developing nation-wide standards of need, so that the Congress would 
have a standard against which to allocate resources. Like the United 
States Department of Transportation, other agencies need to assess 
their needs and report back to the Congress and the White House one 
year prior to the expiration of the current laws.
  In the long run, we must come to grips with this burgeoning 
infrastructure deficit. One model could be the National Highway Act of 
the 1950s, when under the leadership of President Eisenhower, the 
states and the federal government came together to jointly finance and 
construct an interstate highway system, a system which has transformed 
our nation. President Eisenhower recognized that the highway system 
would benefit the entire nation, and called on Congress to support his 
vision. In his words, ``. . . the uniting forces of our communication 
and transportation systems are dynamic elements in the very name we 
bear--United States.'' Today, his words still resonate. Improving 
infrastructure should be a cause around which we can all unite. If we 
act, the entire country benefits; if we fail to act, the entire country 
suffers.
  This new infrastructure initiative could use many of Eisenhower's 
same principles and apply them to rebuild America and protect and 
advance our nation's social and economic future. The establishment of 
this national commission on infrastructure to report to the President 
and the Congress in 2\1/2\ years would be a step in the right 
direction.
  I urge my colleagues to support this vital legislation to ensure that 
the nation's infrastructure will one day meet current and future 
demands and more importantly, facilitate economic growth.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2993

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page S11433]]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Infrastructure 
     Improvement Act of 2004''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (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.
       (4) Infrastructure.--
       (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);
       (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) a waterway;
       (viii) a dock or port;
       (ix) a school building; and
       (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.
       (b) Membership.--
       (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, 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.
       (c) Term; Vacancies.--
       (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.

       (a) Study.--
       (1) In general.--Not later than February 15, 2007, the 
     Commission 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, including long-
     term economic construction 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 to improve 
     those facilities in the future;
       (F)(i) the projected historical 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.
       (3) Consultation.--In carrying out paragraph (1), the 
     Commission shall consult with appropriate stakeholders, 
     including--
       (A) the Secretary of the Army;
       (B) the Secretary of Agriculture;
       (C) the Secretary of Transportation;
       (D) the Administrator of the Environmental Protection 
     Agency;
       (E) the Secretary of Commerce;
       (F) the Secretary of Education;
       (G) the Secretary of Energy;
       (H) the Secretary of the Treasury;
       (I) the Secretary of the Interior;
       (J) the Administrator of General Services;
       (K) associations representing private sector stakeholders;
       (L) associations representing State and local governments; 
     and
       (M) such other individuals and entities as are determined 
     to be appropriate by the Commission.
       (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 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, 2007, 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).

[[Page S11434]]

       (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.
       (b) Staff.--
       (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.
       (3) Compensation.--
       (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 2005.--For fiscal year 2005, from amounts 
     otherwise made available to the Secretary of the Army for the 
     purpose of civil works for that fiscal year, the Secretary of 
     the Army shall transfer to the Commission such amount, not to 
     exceed $2,000,000, 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 2006 and 2007.

     SEC. 9. TERMINATION OF COMMISSION.

       The Commission shall terminate on September 30, 2007.
                                 ______