[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

                                _______
                                

                November 7, 2007.--Ordered to be printed

                                _______
                                

    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.

                                  
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