Sec. 1106. Transparency
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/bill/116/hr/2/eh/section-1106A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 104 of title 23, United States Code, is amended by striking subsection
(g)and inserting the following: The Secretary shall compile data in accordance with this subsection on the use of Federal-aid highway funds made available under this title. The data compiled under subparagraph
(A)shall be in a user friendly format that can be searched, downloaded, disaggregated, and filtered by data category. Not later than 120 days after the end of each fiscal year, the Secretary shall make available on the website of the Department of Transportation a report that describes— the location of each active project within each State during such fiscal year, including in which congressional district or districts such project is located; the total cost of such project; the amount of Federal funding obligated for such project; the program or programs from which Federal funds have been obligated for such project; whether such project is located in an area of the State with a population of— less than 5,000 individuals; 5,000 or more individuals but less than 50,000 individuals; 50,000 or more individuals but less than 200,000 individuals; or 200,000 or more individuals; whether such project is located in an area of persistent poverty, as defined in section 172(l); the type of improvement being made by such project, including categorizing such project as— a road reconstruction project; a new road construction project; a new bridge construction project; a bridge rehabilitation project; or a bridge replacement project; and the functional classification of the roadway on which such project is located. In addition to the data made available under subparagraph (A), the Secretary shall make available on the website of the Department of Transportation an interactive map that displays, for each active project, the information described in clauses
(i)through
(v)of subparagraph (A). The website described in paragraph (2)(A) shall be updated annually to display the Federal-aid highway funds apportioned and allocated to each State under this title, including— the amount of funding available for obligation by the State, including prior unobligated balances, at the start of the fiscal year; the amount of funding obligated by the State during such fiscal year; the amount of funding remaining available for obligation by the State at the end of such fiscal year; and changes in the obligated, unexpended balance for the State. The data described in subparagraph
(A)shall include— the amount of funding by each apportioned and allocated program for which the State received funding under this title; the amount of funding transferred between programs by the State during the fiscal year using the authority provided under section 126; and the amount and program category of Federal funds exchanged as described in section 106(g)(6). In this subsection: The term active project means a Federal-aid highway project using funds made available under this title on which those funds were obligated or expended during the fiscal year for which the estimated total cost as of the start of construction is greater than $5,000,000. The term active project does not include any project for which funds are transferred to agencies other than the Federal Highway Administration. The term interactive map means a map displayed on the public website of the Department of Transportation that allows a user to select and view information for each active project, State, and congressional district. The term State means any of the 50 States or the District of Columbia. . Section 106 of title 23, United States Code, is amended— in subsection (g)— in paragraph
(4)by striking subparagraph
(B)and inserting the following: The Secretary shall— develop criteria for States to use to make the determination required under subparagraph (A); and provide training, guidance, and other assistance to States and subrecipients as needed to ensure that projects administered by subrecipients comply with the requirements of this title. The Secretary shall review, not less frequently than every 2 years, the monitoring of subrecipients by the States. ; and by adding at the end the following: A State may implement a program under which a subrecipient has the option to exchange Federal funds allocated to such subrecipient in accordance with the requirements of this title for State or local funds if the State certifies to the Secretary that the State has prevailing wage and domestic content requirements that are comparable to the requirements under sections 113 and 313 and that such requirements shall apply to projects carried out using such funds if such projects would have been subject to the requirements of sections 113 and 313 if such projects were carried out using Federal funds. ; in subsection (h)(3)— in subparagraph
(B)by striking , as determined by the Secretary, ; and in subparagraph
(D)by striking shall assess and inserting in the case of a project proposed to be advanced as a public-private partnership, shall include a detailed value for money analysis or comparable analysis to determine ; and by adding at the end the following: To be authorized for the construction of a megaproject, the recipient of Federal financial assistance under this title for such megaproject shall submit to the Secretary a comprehensive risk management plan that contains— a description of the process by which the recipient will identify, quantify, and monitor the risks, including natural hazards, that might result in cost overruns, project delays, reduced construction quality, or reductions in benefits with respect to the megaproject; examples of mechanisms the recipient will use to track risks identified pursuant to subparagraph (A); a plan to control such risks; and such assurances as the Secretary determines appropriate that the recipient shall, with respect to the megaproject— regularly submit to the Secretary updated cost estimates; and maintain and regularly reassess financial reserves for addressing known and unknown risks. Not later than 90 days after the date on which a megaproject is authorized for construction, the recipient of Federal financial assistance under this title for such megaproject shall establish a peer review group for such megaproject that consists of at least 5 individuals (including at least 1 individual with project management experience) to give expert advice on the scientific, technical, and project management aspects of the megaproject. Not later than 180 days after the date of enactment of this subsection, the Secretary shall establish guidelines describing how a recipient described in subparagraph
(A)shall— recruit and select members for a peer review group established under such subparagraph; and make publicly available the criteria for such selection and identify the members so selected. No member of a peer review group for a megaproject may have a direct or indirect financial interest in such megaproject. A peer review group established under subparagraph
(A)by a recipient of Federal financial assistance for a megaproject shall— meet annually until completion of the megaproject; not later than 90 days after the date of the establishment of the peer review group and not later than 90 days after the date of any significant change, as determined by the Secretary, to the scope, schedule, or budget of the megaproject, review the scope, schedule, and budget of the megaproject, including planning, engineering, financing, and any other elements determined appropriate by the Secretary; and submit to the Secretary, Congress, and such recipient a report on the findings of each review under clause (ii). Not later than 90 days after the submission of a report under paragraph (2)(C)(iii), the Secretary shall publish on the website of the Department of Transportation such report. In this subsection, the term megaproject means a project under this title that has an estimated total cost of $2,000,000,000 or more, and such other projects as may be identified by the Secretary. The Secretary shall publish on the website of the Department of Transportation a copy of all letters of interest, proposals, workplans, and reports related to the special experimental project authority pursuant to section 502(b). The Secretary shall redact confidential business information, as necessary, from any such information published. Not later than 30 days before making a determination to proceed with an experiment under a letter of interest described in paragraph (1), the Secretary shall provide notification and an opportunity for public comment on the letter of interest and the Secretary’s proposed response. Not later than 2 years after the date of enactment of the INVEST in America Act , the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that includes— a summary of each experiment described in this subsection carried out over the previous 5 years; and legislative recommendations, if any, based on the findings of such experiments. To ensure the accountability and oversight of the discretionary grant selection process administered by the Secretary, a covered program shall be subject to the requirements of this section, in addition to the requirements applicable to each covered program. The Secretary shall— develop a template for applicants to use to summarize— project needs and benefits; and any factors, requirements, or considerations established for the applicable covered program; create a data driven process to evaluate, as set forth in the covered program, each eligible project for which an application is received; and make a determination, based on the evaluation made pursuant to subparagraph (B), on any ratings, rankings, scores, or similar metrics for applications made to the covered program. Not less than 15 days before making a grant for a covered program, the Secretary shall notify, in writing, the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on the Environment and Public Works of the Senate of— the amount for each project proposed to be selected; a description of the review process; for each application, the determination made under paragraph (2)(C); and a detailed explanation of the basis for each award proposed to be selected. Not later than 30 days after making a grant for a project under a covered program, the Secretary shall send to all applicants under such covered program, and publish on the website of the Department of Transportation— a summary of each application made to the covered program for the given round of funding; and the evaluation and justification for the project selection, including all ratings, rankings, scores, or similar metrics for applications made to the covered program for the given round of funding during each phase of the grant selection process. The Secretary shall provide, at the request of a grant applicant of a covered program, the opportunity to receive a briefing to explain any reasons the grant applicant was not awarded a grant. The Secretary shall, to the extent practicable, develop a template as described in paragraph (2)(A) for any discretionary program administered by the Secretary that is not a covered program. The term covered program means each of the following discretionary grant programs: Community climate innovation grants under section 172. Electric vehicle charging and hydrogen fueling infrastructure grants under section 151(f). Federal lands and tribal major projects grants under section 208. Safe, efficient mobility through advanced technologies grants under section 503(c)(4). . Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that— analyzes the consistency of determinations among division offices of the Federal Highway Administration; and makes recommendations to improve the consistency of such determinations. Not later than 180 days after the date of enactment of this Act, the Secretary shall reference U.S. DOT Office of Inspector General Report No. ST2020035 and take the following actions to improve the risk based stewardship and oversight of the Department of Transportation: Update and implement Federal Highway Administration’s
(FHWA)guidance for risk-based project involvement to clarify the requirements for its project risk-assessment process, including expectations for conducting and documenting the risk assessment and criteria to guide the reevaluation of project risks. Identify and notify Divisions about sources of information that can inform the project risk-assessment process. Update and implement FHWA’s guidance for risk-based project involvement to clarify how the link between elevated risks and associated oversight activities, changes to oversight actions, and the results of its risk-based involvement should be documented in project oversight plans. Develop and implement a process to routinely monitor the implementation and evaluate the effectiveness of FHWA’s risk-based project involvement.