Sec. 1503. PROJECT APPROVAL AND OVERSIGHT
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## SEC. 1503 PROJECT APPROVAL AND OVERSIGHT ###
(a)In General Section 106 of title 23, United States Code, is amended— ####
(1)in subsection (a)(2) by inserting “recipient” before “formalizing”; ####
(2)in subsection (c)— #####
(A)in paragraph (1)— ######
(i)in the heading, by striking “Non-interstate”; ######
(ii)by striking “but not on the Interstate System”; and inserting “, including projects on the Interstate System”; and ######
(iii)by striking “of projects” and all that follows through the period at the end and inserting “with respect to the projects unless the Secretary determines that the assumption is not appropriate.”; and #####
(B)by striking paragraph
(4)and inserting the following: > > #### “(4) Limitation on interstate projects > > > ##### “(A) In general > > The Secretary shall not assign any responsibilities to a State for projects the Secretary determines to be in a high risk category, as defined under subparagraph (B). > > > ##### “(B) High risk categories > > The Secretary may define the high risk categories under this subparagraph on a national basis, a State-by-State basis, or a national and State-by-State basis, as determined to be appropriate by the Secretary.” > ; ####
(3)in subsection (e)— #####
(A)in paragraph (1)(A)— ######
(i)in the matter preceding clause (i)— ######
(I)by striking “concept” and inserting “planning”; and ######
(II)by striking “multidisciplined” and inserting “multidisciplinary”; and ######
(ii)by striking clause
(i)and inserting the following: > > ###### “(i) > > providing the needed functions safely, reliably, and at the lowest overall lifecycle cost;” > ; #####
(B)in paragraph (2)— ######
(i)in the matter preceding subparagraph
(A)by striking “or other cost-reduction analysis”; ######
(ii)in subparagraph (A)— ######
(I)by striking “Federal-aid system” and inserting “National Highway System receiving Federal assistance”; and ######
(II)by striking “$25,000,000” and inserting “$50,000,000”; and ######
(iii)in subparagraph (B)— ######
(I)by inserting “on the National Highway System receiving Federal assistance” after “a bridge project”; and ######
(II)by striking “$20,000,000” and inserting “$40,000,000”; and #####
(C)by striking paragraph
(4)and inserting the following: > > #### “(4) Requirements > > > ##### “(A) Value engineering program > > The State shall develop and carry out a value engineering program that— > > > ###### “(i) > > establishes and documents value engineering program policies and procedures; > > > ###### “(ii) > > ensures that the required value engineering analysis is conducted before completing the final design of a project; > > > ###### “(iii) > > ensures that the value engineering analysis that is conducted, and the recommendations developed and implemented for each project, are documented in a final value engineering report; and > > > ###### “(iv) > > monitors, evaluates, and annually submits to the Secretary a report that describes the results of the value analyses that are conducted and the recommendations implemented for each of the projects described in paragraph
(2)that are completed in the State. > > > ##### “(B) Bridge projects > > The value engineering analysis for a bridge project under paragraph
(2)shall— > > > ###### “(i) > > include bridge superstructure and substructure requirements based on construction material; and > > > ###### “(ii) > > be evaluated by the State— > > > ###### “(I) > > on engineering and economic bases, taking into consideration acceptable designs for bridges; and > > > ###### “(II) > > using an analysis of lifecycle costs and duration of project construction. > > > #### “(5) Design-build projects > > A requirement to provide a value engineering analysis under this subsection shall not apply to a project delivered using the design-build method of construction.” > ; ####
(4)in subsection (h)— #####
(A)in paragraph (1)(B) by inserting “, including a phasing plan when applicable” after “financial plan”; and #####
(B)by striking paragraph
(3)and inserting the following: > > #### “(3) Financial plan > > A financial plan— > > > ##### “(A) > > shall be based on detailed estimates of the cost to complete the project; > > > ##### “(B) > > shall provide for the annual submission of updates to the Secretary that are based on reasonable assumptions, as determined by the Secretary, of future increases in the cost to complete the project; > > > ##### “(C) > > may include a phasing plan that identifies fundable incremental improvements or phases that will address the purpose and the need of the project in the short term in the event there are insufficient financial resources to complete the entire project. If a phasing plan is adopted for a project pursuant to this section, the project shall be deemed to satisfy the fiscal constraint requirements in the statewide and metropolitan planning requirements in sections 134 and 135; and > > > ##### “(D) > > shall assess the appropriateness of a public-private partnership to deliver the project.” > ; and ####
(5)by adding at the end the following: > > ### “(j) Use of Advanced Modeling Technologies > > > #### “(1) Definition of advanced modeling technology > > In this subsection, the term ‘advanced modeling technology’ means an available or developing technology, including 3-dimensional digital modeling, that can— > > > ##### “(A) > > accelerate and improve the environmental review process; > > > ##### “(B) > > increase effective public participation; > > > ##### “(C) > > enhance the detail and accuracy of project designs; > > > ##### “(D) > > increase safety; > > > ##### “(E) > > accelerate construction, and reduce construction costs; or > > > ##### “(F) > > otherwise expedite project delivery with respect to transportation projects that receive Federal funding. > > > #### “(2) Program > > With respect to transportation projects that receive Federal funding, the Secretary shall encourage the use of advanced modeling technologies during environmental, planning, financial management, design, simulation, and construction processes of the projects. > > > #### “(3) Activities > > In carrying out paragraph (2), the Secretary shall— > > > ##### “(A) > > compile information relating to advanced modeling technologies, including industry best practices with respect to the use of the technologies; > > > ##### “(B) > > disseminate to States information relating to advanced modeling technologies, including industry best practices with respect to the use of the technologies; and > > > ##### “(C) > > promote the use of advanced modeling technologies. > > > #### “(4) Comprehensive plan > > The Secretary shall develop and publish on the public website of the Department of Transportation a detailed and comprehensive plan for the implementation of paragraph (2).” > . ###
(b)Review of Oversight Program ####
(1)In general The Secretary shall review the oversight program established under section 106(g) of title 23, United States Code, to determine the efficacy of the program in monitoring the effective and efficient use of funds authorized to carry out title 23, United States Code. ####
(2)Minimum requirements for review At a minimum, the review under paragraph
(1)shall assess the capability of the program to— #####
(A)identify projects funded under title 23, United States Code, for which there are cost or schedule overruns; and #####
(B)evaluate the extent of such overruns. ####
(3)Report to congress Not later than 2 years after the date of enactment of this Act, the Secretary shall transmit 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 on the results of the review conducted under paragraph (1), which shall include recommendations for legislative changes to improve the oversight program established under section 106(g) of title 23, United States Code.