[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5508 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 5508
To amend title 23, United States Code, to establish additional
requirements for certain transportation projects with estimated costs
of $2,500,000,000 or more, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 19, 2019
Mr. DeSaulnier introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend title 23, United States Code, to establish additional
requirements for certain transportation projects with estimated costs
of $2,500,000,000 or more, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transportation Megaprojects
Accountability and Oversight Act of 2019''.
SEC. 2. ADDITIONAL REQUIREMENTS FOR CERTAIN TRANSPORTATION PROJECTS.
(a) In General.--Section 106 of title 23, United States Code, is
amended by adding at the end the following:
``(k) Megaprojects.--
``(1) Megaproject defined.--In this subsection, the term
`megaproject' means a project that has an estimated total cost
of $2,500,000,000 or more, and such other projects as may be
identified by the Secretary.
``(2) Comprehensive risk management plan.--A recipient of
Federal financial assistance under this title for a megaproject
shall, in order to be authorized for construction, submit to
the Secretary a comprehensive risk management plan that
contains--
``(A) a description of the process by which the
recipient will identify, quantify, and monitor the
risks that might result in cost overruns, project
delays, reduced construction quality, or reductions in
benefits with respect to the megaproject;
``(B) examples of mechanisms the recipient will use
to track risks identified pursuant to subparagraph (A);
``(C) a plan to control such risks; and
``(D) such assurances as the Secretary considers
appropriate that the recipient will, with respect to
the megaproject--
``(i) regularly submit to the Secretary
updated cost estimates; and
``(ii) maintain and regularly reassess
financial reserves for addressing known and
unknown risks.
``(3) Peer review group.--
``(A) In general.--A recipient of Federal financial
assistance under this title for a megaproject shall,
not later than 90 days after the date when such
megaproject is authorized for construction, 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.
``(B) Membership.--
``(i) In general.--Not later than 180 days
after the date of the enactment of this
subsection, the Secretary shall establish
guidelines describing how a recipient described
in subparagraph (A) shall--
``(I) recruit and select members
for a peer review group established
under such subparagraph; and
``(II) make publicly available the
criteria for such selection and the
identity of members so selected.
``(ii) Conflict of interest.--No member of
a peer review group for a megaproject may have
a direct or indirect financial interest in such
megaproject.
``(C) Tasks.--A peer review group established under
subparagraph (A) by a recipient of Federal financial
assistance for a megaproject shall--
``(i) meet annually until completion of the
megaproject;
``(ii) 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
``(iii) submit a report on the findings of
each review under clause (ii) to the Secretary,
Congress, and the recipient.
``(4) Transparency.--A recipient of Federal financial
assistance under this title for a megaproject shall publish on
the internet website of such recipient--
``(A) the name, license number, and license type of
each engineer supervising an aspect of the megaproject;
and
``(B) the report submitted under paragraph
(3)(C)(iii), not later than 90 days after such
submission.
``(5) Committee.--
``(A) In general.--Not later than 180 days after
the date of enactment of this subsection, the Secretary
of Transportation shall make appropriate arrangements
with the Transportation Research Board (hereinafter
referred to as the `Board') of the National Academies
under which the Board shall convene a transportation
megaprojects committee.
``(B) Duties.--The transportation megaprojects
committee convened pursuant to subparagraph (A) shall--
``(i) perform a literature search and
assessment of existing megaproject studies;
``(ii) review any relevant foreign
experience and actions taken, with a particular
focus on the United Kingdom and France;
``(iii) identify recurring or typical
problems with megaprojects;
``(iv) outline possible approaches to
dealing with the problems in the Federal and
State context; and
``(v) recommend any changes in the
Department of Transportation's approach to
megaproject funding and oversight, such as a
recommendation that each project be required to
identify a peer group to work with project
management and report to the Inspector General
and Congress.
``(C) Report.--Not later than 3 years after the
date of enactment of this subsection, the committee
convened pursuant to subparagraph (A) shall submit to
the Secretary, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Environment and Public Works of the Senate
a report containing any results, findings, and
recommendations made by the committee under
subparagraph (B).''.
(b) Applicability.--The amendment made by subsection (a) applies
with respect to projects that are authorized for construction on or
after the date that is 1 year after the date of the enactment of this
Act.
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