II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Fiscal Accountability 

3 and Transparency in Infrastructure Spending Act of 

4 2011’’. 

5 SEC. 2. DEFINITIONS. 

6 In this Act: 

7 (1) AGENCY.—The term ‘‘agency’’ has the 

8 meaning given the term ‘‘Executive agency’’ in sec9 tion 105 of title 5, United States Code. 

10 (2) ALTERNATE INFRASTRUCTURE TYPE BID11 DING.—The term ‘‘alternate infrastructure type bid12 ding’’ means a process under which a Federal, State 

13 or local agency determines, from engineering and 

14 economic analysis, that 2 or more initial project de15 signs utilizing different construction materials and 

16 methods and their forecasted performance and life17 cycle costs are comparable or similar enough to war18 rant solicitation of bids on more than 1 design for 

19 a project. 

20 (3) LIFE-CYCLE COST ANALYSIS.—The term 

21 ‘‘life-cycle cost analysis’’ means a process for evalu22 ating the total economic worth of an infrastructure 

23 project by analyzing initial costs and discounted fu24 ture costs, such as structural maintenance, user 

25 costs, reconstruction, rehabilitation, restoring, and 

26 resurfacing costs, over at least a 50-year period. 


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1 (4) MAJOR INFRASTRUCTURE PROJECTS.—The 

2 term ‘‘major infrastructure projects’’ means high3 way, transit, rail (including high-speed passenger 

4 rail), airport, seaport, public housing, energy, water, 

5 bridge, and military construction projects, including 

6 those authorized under titles 23, 40, and 49, United 

7 States Code, for which the total Federal cost esti8 mated by the Federal or State government, includ9 ing the cost of materials, is not less than 

10 $5,000,000. 

11 (5) MECHANISTIC-EMPIRICAL PAVEMENT DE12 SIGN GUIDE.—The term ‘‘Mechanistic-Empirical 

13 Pavement Design Guide’’ means the pavement de14 sign guide and software, developed under National 

15 Cooperative Highway Research Program Project 1– 

16 37A, providing a uniform basis for the design of 

17 flexible, rigid, and composite pavements, using 

18 mechanistic-empirical approaches. 

19 SEC. 3. LIFE-CYCLE COST ANALYSIS. 

20 (a) REQUIREMENT TO OBTAIN LIFE-CYCLE COST

21 ANALYSIS.—Not later than 1 year after the date of the 

22 enactment of this Act, each agency shall obtain a life-cycle 

23 cost analysis based on the standards developed by the Of24 fice of Management and Budget pursuant to subsection 


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1 (c) for each major infrastructure project prior to obli2 gating funds. 

3 (b) SOURCES OF LIFE-CYCLE COST ANALYSIS.—The 

4 life-cycle cost analysis required under subsection (a) may 

5 be obtained from State or local governments, or private 

6 sector entities. 

7 (c) GUIDANCE.— 

8 (1) DEVELOPMENT.—Not later than 6 months 

9 after the date of the enactment of this Act, the Di10 rector of the Office of Management and Budget, in 

11 consultation with the American Association of State 

12 Highway and Transportation Officials, shall issue a 

13 circular that provides guidance to agencies on imple14 menting the requirements under subsection (a). 

15 (2) REQUIREMENTS.—In developing the cir16 cular required under paragraph (1), the Director 

17 shall— 

18 (A) provide the public with notice and op19 portunity to comment before issuing the cir20 cular; 

21 (B) consider the principles contained in 

22 section 2 of Executive Order 12893, ‘‘Principles 

23 for Federal Infrastructure Investments’’ (Janu24 ary 31, 1994; 59 Fed. Reg. 4233); and 


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1 (C) require that any analysis obtained pur2 suant to subsection (a)— 

3 (i) be conducted over at least a 50- 

4 year valuation period; and 

5 (ii) use actual material life and main6 tenance cost data. 

7 (d) TRANSPARENCY.—Any life-cycle analysis ob8 tained by an agency pursuant to subsection (a) shall be 

9 posted on the agency’s Web site not later than 72 hours 

10 after it is received. 

11 SEC. 4. FLEXIBILITY TO USE ALTERNATE INFRASTRUC12 TURE TYPE BIDDING PROCEDURES. 

13 (a) APPLICATION TO NATIONAL HIGHWAY SYS14 TEM.—A State transportation department or local trans15 portation agency may, in its sole discretion, award con16 tracts for projects on the National Highway System pur17 suant to alternate infrastructure type bidding procedures. 

18 (b) APPLICATION TO OTHER MAJOR INFRASTRUC19 TURE PROGRAMS.—Notwithstanding any other provision 

20 of law, Federal, State and local governments may award 

21 contracts for major infrastructure projects pursuant to al22 ternate infrastructure type bidding procedures. 


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1 SEC. 5. MECHANISTIC-EMPIRICAL PAVEMENT DESIGN 

2 GUIDE. 

3 Not later than 1 year after the date of enactment 

4 of this Act, the Secretary of Transportation shall require 

5 States to utilize the Mechanistic-Empirical Pavement De6 sign Guide for the initial design phase of all projects au7 thorized under title 23, United States Code. 

Æ 


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