An act to establish a National Council on Public Works Improvement to prepare three annual reports on the state of the Nation's infrastructure, to amend the provisions of title 31, United States Code, relating to the President's budget to require it to separately identify and summarize the capital investment expenditures of the United States, and for other purposes.
PL 98-501 (S.1330), enacted 10/19/1984

98 STAT. 2320 
PUBLIC LAW 98-501—OCT. 19, 1984 
Public Law 98-501 
98th Congress 
An Act 
Oct. 19, 1984 
[S. 1330] 
Public Works 
Improvement 
Act of 1984. 
42 u s e 3121 
note. 
To establish a National Council on Public Works Improvement to prepare three 
annual reports on the state of the Nation's infrastructure, to amend the provisions 
of title 31, United States Code, relating to the President's budget to require it to 
separately identify and summarize the capital investment expenditures of the 
United States, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
TITLE I- -NATIONAL COUNCIL ON PUBLIC WORKS 
IMPROVEMENT 
SHORT TITLE 
SEC. 101. This title may be cited as the 
ment Act of 1984". 
'Public Works Improve-
42 u s e 3121 
note. 
ESTABLISHMENT 
SEC. 102. There is established a council to be known as the 
National Council on Public Works Improvement (hereinafter in this 
title referred to as the "Council"). 
Report. 
42 u s e 3121 
note. 
DUTIES 
SEC. 103. (a)(1) Not later than February 15, 1986, February 15, 
1987, and February 15,1988, the Council shall prepare and submit to 
the President and the Congress a report on the state of the Nation's 
infrastructure (hereinafter in this title referred to as the "Infra-
structure Report"). Each Infrastructure Report shall include, but 
not be limited to, an analysis of each of the following: 
(A) the age and condition of public works improvements and 
changes in their condition from preceding years; 
(B) the methods used to finance the construction, acquisition, 
rehabilitation, and maintenance of public works improvements, 
including but not limited to general obligation and revenue 
bonds, user fees, excise taxes, direct governmental assistance, 
and private investment; 
(C) any trends in methods used to finance such construction, 
acquisition, rehabilitation, and maintenance; 
(D) the capacity of public works improvements to sustain 
current and anticipated economic development and to support a 
sustained and expanding economy; 
.feslsBA nuf&nl «.. 
PUBLIC LAW 98-501—OCT. 19, 1984 
98 STAT. 2321 
(E) maintenance needs and projected expenditures for public 
works improvements. 
(2) In addition, each Infrastructure Report— 
(A) shall include a discussion of infrastructure program prior-
ities (including alternative methods of meeting national infra-
structure needs to effectuate balanced growth and economic 
development); and 
(B) to the extent practicable, shall provide, for other public 
works facilities owned or operated by the Federal Government, 
any State or local government, or any public agency or author-
ity organized pursuant to State or local law, an analysis similar 
< 
to the analysis provided under paragraph (1) for public works 
' 
improvements. 
(b) Not later than September 30,1985, the Council shall— 
(1) analyze criteria and procedures used by Federal agencies. 
States, and units of local government in inventorying existing 
and needed public works improvements and assessing the condi-
tion of public works improvements and develop and publish 
uniform criteria and procedures which may be used for conduct-
ing such inventories and assessments; and 
(2) develop and recommend to the President and the Congress 
proposed guidelines for the uniform reporting by Federal agen-
cies of construction, acquisition, rehabilitation, and mainte-
nance data with respect to public works improvements. 
(c) The Council shall convene its first meeting no earlier than 
February 15,1985, and no later than April 15,1985. 
'«0 ^
^ 
(d) In carrying out its duties under this section, the Council shall 
use existing data and sampling techniques to the maximum extent 
feasible. When developing new data under this title, the Council 
. , ^ 
shall make every effort to assure that such data is developed in 
in:! 
consultation with the States so that uniform methods, categories, 
and analyses are used. 
(e) Each Infrastructure Report, when submitted to the Congress, 
shall be referred to the Committee on Public Works and Transporta-
tion of the House of Representatives and the Committee on Environ-
ment and Public Works of the Senate. 
MEMBERSHIP 
SEC. 104. (a) The Council shall be composed of five members— 42 use 3121 
(1) three of whom shall be appointed by the President; 
^°^^-
(2) one of whom shall be appointed by the Speaker of the 
House of Representatives; and 
(3) one of whom shall be appointed by the President pro 
tempore of the Senate; 
from among persons knowledgeable and experienced in one or more 
of the following: public administration, planning, architecture, civil 
engineering, and public investment financing. 
(b) A vacancy in the Council shall not affect its powers but shall be 
filled in the manner in which the original appointment was made. 
(c) Four members of the Council shall constitute a quorum, but 
the Council may establish a lesser number as a quorum for 
the purpose of holding hearings, taking testimony, and receiving 
evidence. 
(d) The Chairman of the Council shall be elected by the members 
of the Council. 
98 STAT. 2322 
PUBLIC LAW 98-501—OCT. 19, 1984 
(e) The Council shall meet at the call of the Chairman or a 
majority of its members. 
(f) Members of the Council shall be appointed for the life of the 
Council. 
(g) Members of the Council shall serve without pay, except that 
they shall receive per diem and travel expenses in accordance with 
section 5703 of title 5, United States Code. 
DIRECTOR AND STAFF 
42 use 3121 
SEC. 105. (a) The Council shall have a director who shall be 
note. 
appointed by the Council and shall be paid at a rate not to exceed 
the rate of basic pay payable to level V of the Executive Schedule. 
(b) The Council may appoint and fix the pay of such additional 
personnel as the Council considers appropriate. 
(c) The director and staff of the Council may be appointed without 
regard to the provisions of title 5, United States Code, governing 
appointments in the competitive service and may be made without 
regard to the provisions of chapter 51 and subchapter III of chapter 
5 use 5101 et 
53 of such title relating to classification and General Schedule pay 
seq., 5331. 
rates. Any Federal employee subject to the civil service laws and 
regulations who may be employed by the Council shall retain civil 
service status without interruption or loss of status or privilege. In 
no event shall any employee of the Council other than the staff 
director receive as compensation an amount in excess of the maxi-
5 use 5332 note, mum rate of basic pay payable for GS-18 of the General Schedule. 
POWERS OF THE COUNCIL 
42 use 3121 
SEC 106. (a) Upon request of the Council, the head of any Federal 
note. 
agency may detail, on a reimbursable basis, any of the personnel of 
such agency to the Council to assist the Council in carrying out its 
duties under this title. 
03) Upon request of the Council, 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 Council and its staff as may be necessary for the 
Council to carry out its duties under this title. 
(c) The Council may secure directly from any department or 
agency of the United States information necessary to enable it to 
carry out this title. Upon request of the Chairman of the Council, 
the head of such department or agency shall furnish such informa-
tion to the Council. 
Contracts with 
(d) The Council or any member authorized by the Council may, for 
U.S. 
the purpose of carrying out this title, hold such hearings, sit and act 
at such time and places, take such testimony, have such printing 
and binding done, enter into such contracts and other arrangements 
(with or without consideration or bond, to such extent or in such 
amounts as are provided in appropriation Acts, and without regard 
to section 3709 of the Revised Statutes (41 U.S.C. 5)), make such 
expenditures, and take such other actions as the Council or such 
member may deem advisable to carry out this title. Any member of 
the Council may administer oaths or affirmations to witnesses 
appearing before the Council or before such member. 
.T\0^^ 
^4S 
PUBLIC LAW 98-501—OCT. 19, 1984 
98 STAT. 2323 
ADVISORY GROUP 
SEC. 107. (a) There is established an advisory group to provide Establishment. 
such assistance and advice as the Council may request. Such group 42 USC 3121 
shall be composed of 12 members as follows: 
^°^-
(1) the Secretary of the Army, who shall be the Chairman of 
such group; 
(2) the Secretary of Agriculture; 
(3) the Secretary of Housing and Urban Development; 
(4) the Secretary of Transportation; 
(5) the Administrator of the Environmental 
Protection 
Agency; 
(6) the Secretary of Commerce; 
(7) the Chairman of the National Governors Association; 
(8) the President of the National Conference of State Legisla-
tures; 
(9) the President of the National Association of Counties; 
(10) the President of the National Association of Regional 
Councils; 
(11) the President of the National League of Cities; and 
(12) the President of the United States Conference of Mayors. 
(b) The members of the advisory group shall serve without pay. 
(c) The advisory group shall cease to exist on April 15, 1988. Termination. 
CONGRESSIONAL BUDGET OFFICE REVIEW 
SEC. 108. Not later than 90 days after the date on which each 
Infrastructure Report is submitted to the Congress by the Council, 
the Congressional Budget Office shall review such report and shall 
submit a report on the results of such review to the Committee on 
Public Works and Transportation of the House of Representatives 
and the Committee on Environment and Public Works of the 
Senate. 
TERMINATION 
SEC. 109. The Council shall cease to exist on April 15, 1988. 
FUNDING 
SEC. 110. (a) From funds otherwise appropriated to the Secretary 
of the Army for purposes of civil works, the Secretary shall transfer 
to the Council in the fiscal year ending September 30, 1985, such 
amounts as the Council may request but not to exceed $3,200,000. 
(b) There is authorized to be appropriated to the Council to carry 
out the provisions of this title $3,500,000 per fiscal year for each of 
the fiscal years ending September 30, 1986, and September 30, 1987, 
and $2,000,000 for the fiscal year ending September 30,1988. 
Report. 
42 USC 3121 
not6. 
42 USC 3121 
note. 
42 USC 3121 
note. 
ApiJropriation 
authorization. 
DEFINITIONS 
SEC. 111. For purposes of this title, the term— 
(1) "acquisition" includes the addition of land, sites, equip-
ment, structures, facilities, or rolling stock by purchase, lease-
purchase, trade, or donation; 
(2) "construction" includes the design, planning, and erection 
of new structures and facilities, the expansion of existing struc-
tures and facilities, the reconstruction of a project at an existing 
42 USC 3121 
note. 
98 STAT. 2324 
PUBLIC LAW 98-501—OCT. 19, 1984 
Federal Capital 
Investment 
Program 
Information Act 
of 1984. 
31 u s e 1101 
note. 
31 u s e 1105 
note. 
site or adjacent to an existing site, and the installation of initial 
and replacement equipment for such structures and facilities; 
(3) "public works improvements" means the following pub-
licly owned civilian facilities: highways; streets; bridges; mass 
transportation facilities and equipment; resource recovery fa-
cilities; airports; airway facilities; water supply and distribution 
systems; weistewater collection, treatment, and related facilities; 
dams; federally owned buildings; docks and ports; waterways; 
and such other public facilities as the Council determines are 
critical for national economic development; 
(4) "maintenance" means regularly scheduled activities, in-
cluding routine repairs, intended to keep a facility operating 
efficiently; and 
(5) "rehabilitation" includes the alteration of or correction of 
deficiencies in an existing structure or facility so as to extend 
the useful life or improve the effectiveness of the structure or 
facility, the modernization or replacement of equipment at an 
existing structure or facility, and the modernization of, or re-
placement of parts for, rolling stock. 
TITLE II—FEDERAL CAPITAL INVESTMENT PROGRAM 
SHORT TITLE 
SEC. 201. This title may be cited as the "Federal Capital Invest-
ment Program Information Act of 1984". 
PURPOSES 
SEC. 202. The purposes of this title are— 
(1) to provide budget projections for major Federal capital 
investment programs; 
(2) to provide a summary of the most recent needs assessment 
analyses for these programs; 
(3) to provide information on the sensitivity of the needs 
estimates to major policy issues and technical and economic 
variables; 
(4) to assist the planning capabilities of State and local gov-
ernments on the assessment of major capital investment pro-
grams; and 
(5) to improve legislative oversight over Federal capital in-
vestment programs. 
FEDERAL CAPITAL INVESTMENT PROGRAM REPORT 
SEC. 203. Section 1105 of title 31, United States Code, is amended 
by adding at the end thereof the following new subsection: 
"(e)(1) The President shall submit with materials related to each 
budget transmitted under subsection (a) on or after January 1, 1985, 
an analysis for the ensuing fiscal year that shall identify requested 
appropriations or new obligational authority and outlays for each 
major program that may be classified as a public civilian capital 
investment program and for each major program that may be 
classified as a military capital investment program, and shall con-
tain summaries of the total amount of such appropriations or new 
obligational authority and outlays for public civilian capital invest-
ment programs and summaries of the total amount of such appro-
priations or new obligational authority and outlays for military 
PUBLIC LAW 98-501—OCT. 19, 1984 
98 STAT. 2325 
capital investment programs. In addition, the analysis under this 
paragraph shall contain— 
"(A) an estimate of the current service levels of public civilian 
capital investment and of military capital investment and alter-
native high and low levels of such investments over a period of 
ten years in current dollars and over a period of five years in 
constant dollars; 
"(B) the most recent assessment analysis and summary, in a 
standard format, of public civilian capital investment needs in 
each major program area over a period of ten years; 
"(C) an identification and analysis of the principal policy 
issues that affect estimated public civilian capital investment 
needs for each major program; and 
"(D) an identification and analysis of factors that affect esti-
mated public civilian capital investment needs for each major 
program, including but not limited to the following factors: 
"(i) economic assumptions; 
"(ii) engineering standards; 
"(iii) estimates of spending for operation and mainte-
nance; 
"(iv) estimates of expenditures for similar investments by 
State and local governments; and 
"(v) estimates of demand for public services derived from 
such capital investments and estimates of the service capac-
ity of such investments. 
To the extent that any analysis required by this paragraph relates 
to any program for which Federal financial assistance is distributed 
under a formula prescribed by law, such analysis shall be organized 
by State and within each State by major metropolitan area if data 
are available. 
"(2) For purposes of this subsection, any appropriation, new obli-
gational authority, or outlay shall be classified as a public civilian 
capital investment to the extent that such appropriation, authority, 
or outlay will be used for the construction, acquisition, or rehabilita-
tion of any physical asset that is capable of being used to produce 
services or other benefits for a number of years and is not classified 
as a military capital investment under paragraph (3). Such assets 
shall include (but not be limited to)— 
"(A) roadways or bridges, 
"(B) airports or airway facilities, 
"(C) mass transportation systems, 
"(D) wastewater treatment or related facilities, 
"(E) water resources projects, 
"(F) hospitals, 
"(G) resource recovery facilities, 
"(H) public buildings, 
"(I) space or communications facilities, 
"(J) railroads, and 
"(K) federally assisted housing. 
"(3) For purposes of this subsection, any appropriation, new obli- Defense and 
gational authority, or outlay shall be classified as a military capital national 
investment to the extent that such appropriation, authority, or ^^'^"''"y-
outlay will be used for the construction, acquisition, or rehabilita-
tion of any physical asset that is capable of being used to produce 
services or other benefits for purposes of national defense and 
security for a number of years. Such assets shall include military 
bases, posts, installations, and facilities. 
98 STAT. 2326 
PUBLIC LAW 98-501—OCT. 19, 1984 
"(4) Criteria and guidelines for use in the identification of public 
civilian and military capital investments, for distinguishing between 
public civilian and military capital investments, and for distinguish-
ing between major and nonmajor capital investment programs shall 
be issued by the Director of the Office of Management and Budget 
after consultation with the Comptroller General and the Congres-
sional Budget Office. The analysis submitted under this subsection 
shall be accompanied by an explanation of such criteria and guide-
lines. 
"(5) For purposes of this subsection— 
"(A) the term 'construction' includes the design, planning, 
and erection of new structures and facilities, the expansion of 
existing structures and facilities, the reconstruction of a project 
at an existing site or adjacent to an existing site, and the 
installation of initial and replacement equipment for such struc-
tures and facilities; 
"(B) the term 'acquisition' includes the addition of land, sites, 
equipment, structures, facilities, or rolling stock by purchase, 
lease-purchase, trade, or donation; and 
"(C) the term 'rehabilitation' includes the alteration of or 
correction of deficiencies in an existing structure or facility so 
as to extend the useful life or improve the effectiveness of the 
structure or facility, the modernization or replacement of equip-
ment at an existing structure or facility, and the modernization 
of, or replacement of parts for, rolling stock.". 
Approved October 19, 1984. 
LEGISLATIVE HISTORY—S. 1330 (H.R. 1244): 
HOUSE REPORTS: No. 98-153 accompanying H.R. 1244, Pt. 1 (Comm. on Public 
Works and Transportation) and Pt. 2 (Comm. on Government 
Operations), and No. 98-1134 (Comm. of Conference). 
SENATE REPORT No. 98-341 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD, Vol. 130 (1984): 
Feb. 9, considered and passed Senate. 
May 15, H.R. 1244 considered and passed House; S. 1330, amended, passed in 
lieu. 
Oct. 4, House agreed to conference report. 
Oct. 5, Senate agreed to conference report.