I 
117TH CONGRESS 
1ST SESSION H. R. 2203 
To amend titles 23 and 49, United States Code, to improve public under-
standing of how transportation investments are made by public agencies 
through establishing greater transparency and accountability processes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 26, 2021 
Mr. DESAULNIER introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure 
A BILL 
To amend titles 23 and 49, United States Code, to improve 
public understanding of how transportation investments 
are made by public agencies through establishing greater 
transparency and accountability processes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Metropolitan Planning 
Enhancement Act’’. 
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SEC. 2. METROPOLITAN TRANSPORTATION PLANNING. 
(a) DEVELOPMENT OF TRANSPORTATION PLAN.— 
Section 134(i) of title 23, United States Code, is amend-
ed— 
(1) by redesignating paragraphs (7) and (8) as 
paragraphs (8) and (9); and 
(2) by inserting after paragraph (6) the fol-
lowing: 
‘‘(7) PROJECT SELECTION TRANSPARENCY AND 
ACCOUNTABILITY.—Projects included in the adopted 
transportation plan shall be selected through a pub-
licly available transparent process that includes use 
of criteria that directly support factors in subsection 
(h), the national transportation goals under section 
150(b), and applicable State transportation goals. 
The criteria shall be used to publicly categorize the 
highest performing projects.’’. 
(b) METROPOLITAN TIP.—Section 134(j)(2)(A) of 
title 23, United States Code is amended by adding after 
the period at the end the following: 
‘‘Projects included in the priority list shall come from 
the highest performing category of projects identified in 
the transportation plan under subsection (i)(7). If a lower- 
categorized project is included in the priority project list, 
a public description shall be included to explain why the 
lower-categorized project is included before a higher-cat-
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egorized project, including geographic balance and 
projects in economically distressed areas.’’. 
SEC. 3. STATEWIDE AND NONMETROPOLITAN TRANSPOR-
TATION PLANNING. 
(a) LONG-RANGE
STATEWIDE
TRANSPORTATION 
PLAN.—Section 135(f) of title 23, United States Code, is 
amended— 
(1) by redesignating paragraph (9) as para-
graph (10); and 
(2) by inserting after paragraph (8) the fol-
lowing: 
‘‘(9) PROJECT SELECTION TRANSPARENCY AND 
ACCOUNTABILITY.—Projects included in the adopted 
long-range statewide transportation plan shall be se-
lected through a publicly available transparent proc-
ess that includes use of criteria that directly support 
factors in subsection (d), the national transportation 
goals under section 150(b), and applicable State 
transportation goals. The criteria shall be used to 
publicly categorize the highest performing projects.’’. 
(b) STATEWIDE TRANSPORTATION IMPROVEMENT 
PLAN.—Section 135(g)(5)(A) of title 23, United States 
Code is amended by adding after the period at the end 
the following: 
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‘‘Projects included in the transportation improvement 
program shall come from the highest performing category 
of projects identified in the transportation plan under sub-
section (f)(9). If a lower-categorized project is included in 
the priority project list, a public description shall be in-
cluded to explain why the lower-categorized project is in-
cluded before a higher-categorized project, including geo-
graphic balance and projects in economically distressed 
areas.’’. 
SEC. 4. METROPOLITAN TRANSPORTATION PLANNING. 
(a) DEVELOPMENT OF TRANSPORTATION PLAN.— 
Section 5303(i) of chapter 53 of title 49, United States 
Code, is amended— 
(1) by redesignating paragraphs (7) and (8) as 
paragraphs (8) and (9); and 
(2) by inserting after paragraph (6) the fol-
lowing: 
‘‘(7) PROJECT SELECTION TRANSPARENCY AND 
ACCOUNTABILITY.—Projects included in the adopted 
transportation plan shall be selected through a pub-
licly available transparent process that includes use 
of criteria that directly support factors in subsection 
(h), the national transportation goals under section 
150(b), and applicable State transportation goals. 
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The criteria shall be used to publicly categorize the 
highest performing projects.’’. 
(b) METROPOLITAN TIP.—Section 5303(j)(2)(A) of 
chapter 53 of title 49, United States Code is amended by 
adding after the period at the end the following: 
‘‘Projects included in the priority list shall come from 
the highest performing category of projects identified in 
the transportation plan under subsection (i)(7). If a lower- 
categorized project is included in the priority project list, 
a public description shall be included to explain why the 
lower-categorized project is included before a higher-cat-
egorized project, including geographic balance and 
projects in economically distressed areas.’’. 
SEC. 5. STATEWIDE AND NONMETROPOLITAN TRANSPOR-
TATION PLANNING. 
(a) LONG-RANGE
STATEWIDE
TRANSPORTATION 
PLAN.—Section 5304(f) of chapter 53 of title 49, United 
States Code, is amended— 
(1) by redesignating paragraph (9) as para-
graph (10); and 
(2) by inserting after paragraph (8) the fol-
lowing: 
‘‘(9) PROJECT SELECTION TRANSPARENCY AND 
ACCOUNTABILITY.—Projects included in the adopted 
long-range statewide transportation plan shall be se-
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lected through a publicly available transparent proc-
ess that includes use of criteria that directly support 
factors in subsection (d), the national transportation 
goals under section 150(b), and applicable State 
transportation goals. The criteria shall be used to 
publicly categorize the highest performing projects.’’. 
(b) STATEWIDE TRANSPORTATION IMPROVEMENT 
PLAN.—Section 5304(g)(5)(A) of chapter 53 of title 49, 
United States Code, is amended by adding after the period 
at the end the following: 
‘‘Projects included in the statewide transportation 
improvement program shall come from the highest per-
forming category of projects identified in the transpor-
tation plan under subsection (f)(9). If a lower-categorized 
project is included in the priority project list, a public de-
scription shall be included to explain why the lower-cat-
egorized project is included before a higher-categorized 
project, including geographic balance and projects in eco-
nomically distresses areas.’’. 
Æ 
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