[Senate Report 110-225]
[From the U.S. Government Publishing Office]
110th Congress Report
SENATE
1st Session 110-225
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TO ESTABLISH A NATIONAL COMMISSION ON THE INFRASTRUCTURE OF THE UNITED
STATES
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November 7, 2007.--Ordered to be printed
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Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 775]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred the bill (S. 775) to establish a National Commission
on the Infrastructure of the United States, reports favorably
thereon with an amendment and recommends that the bill, as
amended, do pass.
BACKGROUND
The `National Infrastructure Improvement Act of 2007' would
create 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 meets current and future
demand, facilitates economic growth, is maintained in a manner
that ensures public safety, and is developed or modified in a
sustainable manner.
The National Commission on the Infrastructure of the United
States is needed because the infrastructure of our nation is
aging quickly and may be vulnerable to potential failure. For
example, on August 1, 2007 during the evening rush hour, the I-
35W Mississippi Bridge located in Minneapolis, Minnesota
collapsed, killing 13 people. While the cause of the collapse
is still under investigation, the bridge was completed in
November of 1967, and had been in use for almost forty years.
It also had been classified as structurally deficient. Much of
the nation's infrastructure has not only exceeded its design
life but has become an impediment to further economic growth
and creates safety hazards either because of its physical
condition or because it does not meet current design standards.
The Department of Transportation has reported that 27.1% of
our nation's bridges are structurally deficient or functionally
obsolete. According to DOT's Conditions and Performance report,
the nation spent $75 billion on highway infrastructure in 2005
but needs to spend $100 billion annually.
The wastewater management systems in the United States are
also aging, as they continue to discharge billions of gallons
of untreated sewage into U.S. surface waters every year. The
EPA has estimated that nationwide all levels of government will
need to spend $390 billion over the next twenty years to
replace existing systems to meet increasing demand.
PURPOSE OF THE LEGISLATION
The legislation would create a national commission to
examine the status of the nation's infrastructure and make
recommendations on how to improve and sustain it in the future.
SUMMARY OF THE LEGISLATION
Section 1. Short title
This section establishes the bill title as the ``National
Infrastructure Improvement Act of 2007.''
Section 2. Definitions
Section 2 defines the terms acquisition, commission,
construction, infrastructure, nonstructural elements,
maintenance and rehabilitation.
Section 3. Establishment of Commission
Section 3 establishes the Commission and outlines its
goals, membership and terms.
The Commission is to study ways in which to ensure that the
infrastructure of the United States meets current and future
demand, facilitates economic growth, and is maintained to
protect the public and is developed or modified in a
sustainable manner. The Commission will consist of eight
members. Two of the members are to be appointed by the
President, two members are to be appointed by the Speaker of
the House of Representatives, one member is to be appointed by
the minority leader of the House of Representatives, two
members are to be appointed by the majority leader of the
Senate, and one member is to be appointed by the minority
leader of the Senate. Each member must have experience in one
or more of several fields including economics, public
administration, civil engineering, public works, construction,
environmental engineering or water resources engineering. The
members must also represent a cross-section of geographical
areas in the U.S. The members serve for the life of the
Commission and shall have their first meeting no later than 30
days after all members have been appointed.
Section 4. Duties
Section 4 outlines the duties of the Commission including
the matters to be studied by the Commission. The section
authorizes the Commission to make recommendations and issue a
report to Congress on its findings.
In Section 4, the Commission is directed to study the
capacity of infrastructure to sustain economic development now
and in the future; the age and condition of public
infrastructure; the methods used to finance the construction,
acquisition, rehabilitation, and maintenance of infrastructure;
investment requirements that are necessary to maintain and to
improve infrastructure based on current expenditures by
Federal, State, and local governments; the impact of local
development patterns on demand for Federal funding of
infrastructure; the impact of deferred maintenance; and the
collateral impact of deteriorated infrastructure.
The National Infrastructure Improvement Act of 2007 states
that the Commission will develop recommendations on a Federal
infrastructure plan that will detail national infrastructure
program priorities; on infrastructure improvements and methods
of delivering and providing for infrastructure facilities; for
analysis or criteria and procedures that may be used by Federal
agencies and State and local governments in inventorying
existing and needed infrastructure improvements, assessing the
condition of infrastructure improvements, developing uniform
criteria and procedures for use in conducting the inventories
and assessments, and maintaining publicly accessible data; and
for proposed guidelines for the uniform reporting by Federal
agencies of data in regards to infrastructure improvements.
Section 5. Powers of the Commission
This section authorizes the Commission to hold hearings,
take testimony and receive evidence as the Commission considers
advisable to carry out this Act.
Section 6. Commission personnel matters
This section outlines matters related to Commission
personnel, including an executive director to be appointed by
the Commission's chairperson. Federal government employees may
be detailed to the Commission. It further directs the Secretary
of the Army, through the Chief of Engineers, to provide for
reimbursable office space and supplies to the Commission.
Section 7. Congressional Budget Office Review
The Congressional Budget Office is required to 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, no later than 90 days after the date on which
the report is submitted to Congress by the Commission.
Section 8. Reports
This section outlines the reports the Commission must
submit to the President, the Senate Committees on Environment
and Public Works, Energy and Natural Resources and Commerce,
Science and Transportation; and the House Committees on
Transportation and Infrastructure and Natural Resources.
Section 8 requires the Commission to present an interim report
and a final report to the President, and to the congressional
committees containing a detailed summary of the progress of the
Commission. The reports must also be made publicly available on
the Internet.
Section 9. Funding
This section provides the Commission with authority to
request funding from fiscal years 2008 through 2010, from
amounts made available to the Secretary of Transportation (from
any source other than the Highway Trust Fund) from the General
Expenses account of the Corps of Engineers, and from the
Administrator of the Environmental Protection Agency.
Section 10. Termination of the Commission
This section establishes that the Commission shall
terminate on September 30, 2010.
LEGISLATIVE HISTORY
On March 8, 2006, Senators Voinovich, Carper, Clinton,
Murkowski and Coleman introduced S. 2388. The bill was referred
to the Senate Committee on Environment and Public Works. The
Committee took no action on the bill during the 109th Congress.
On March 3, 2007, Senators Carper, Voinovich, Clinton and
Coleman introduced S. 775. It was referred to the Committee on
Environment and Public Works, which did not hold any hearings
on the bill.
On August 3, 2007, the Committee on Environment and Public
Works approved the bill by voice vote.
ROLLCALL VOTES
There were no rollcall votes during the consideration of
the National Infrastructure Improvement Act of 2007 by the
Committee.
CONGRESSIONALLY DIRECTED SPENDING
For purposes of Rule XLIV of the Standing Rules of the
Senate, S. 775 does not contain any congressionally directed
spending.
MANDATES ASSESSMENT
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the Committee finds that this bill would
impose no Federal intergovernmental unfunded mandates on State,
local or tribal governments. Any governmental directives are
imposed on Federal agencies. The bill does not directly impose
any private sector mandates.
EVALUATION OF REGULATORY IMPACT
Section 11(b) of rule XXVI of the Standing Rules of the
Senate requires publication in the report of the Committee an
estimate of the regulatory impact made by the bill as reported.
No regulatory impact is expected by the passage of the bill.
The bill will not affect the personal privacy of individuals.
COST OF LEGISLATION
The Congressional Budget Office estimates that implementing
S. 775 would cost $1 million in 2008 and $4 million over the
2008-2010 period. According to the Congressional Budget Office,
enacting S. 775 would not affect direct spending or revenues.
The estimate of the Congressional Budget Office is attached.
S. 775--National Infrastructure Improvement Act of 2007
S. 775 would establish the National Commission on the
Infrastructure of the United States. Assuming appropriation of
the specified amounts, CBO estimates that implementing S. 775
would cost $1 million in 2008 and $4 million over the 2008-2010
period. Enacting the legislation would not affect direct
spending or revenues.
S. 775 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on State, local, or tribal governments.
The act would create an eight-member commission, and would
require it to complete three studies and issue recommendations
regarding the infrastructure needs of the United States. The
commission would terminate on September 30, 2010. The act would
authorize transfers of funds--totaling $1.25 million per year--
from the Department of Transportation, the Corps of Engineers,
and the Environmental Protection Agency for use by the
commission to carry out its responsibilities.
The CBO staff contact for this estimate is Sarah Puro. This
estimate was approved by Peter H. Fontaine, Assistant Director
for Budget Analysis.
CHANGES IN EXISTING LAW
Section 12 of rule XXVI of the Standing Rules of the Senate
requires the committee to publish changes in existing law made
by the bill as reported. Passage of this bill will make no
changes to existing law.