[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1451 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 1451

To facilitate and promote innovative approaches to railroad safety, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 28, 2017

 Mrs. Fischer introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To facilitate and promote innovative approaches to railroad safety, 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; TABLE OF CONTENTS; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Railroad 
Advancement of Innovation and Leadership with Safety Act'' or the 
``RAILS Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents; references.
Sec. 2. Definitions.
                     TITLE I--PROCESS IMPROVEMENTS

Sec. 111. Data transparency and quality.
Sec. 112. Performance-based regulations.
Sec. 113. Public participation.
Sec. 114. Innovative approaches to improve safety.
Sec. 115. Guidance.
Sec. 116. Regulatory impact analyses.
Sec. 117. Periodic review of Federal Railroad Administration actions.
Sec. 118. Framework for reviewing future regulations.
Sec. 119. Application.
Sec. 120. Effective dates.
                   TITLE II--MISCELLANEOUS PROVISIONS

                Subtitle A--Reorganization of Subtitle V

Sec. 211. Rail improvement grants.
Sec. 212. Project delivery.
                       Subtitle B--Miscellaneous

Sec. 221. Rulemaking process.
Sec. 222. Training.
Sec. 223. Assessments.
Sec. 224. Miscellaneous authority.
Sec. 225. Applicability to States.
Sec. 226. Electronic communications and record keeping.
    (c) References to Title 49, United States Code.--Except as 
otherwise expressly provided, wherever in this Act an amendment or 
repeal is expressed in terms of an amendment to, or repeal of, a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of title 49, United States Code.

SEC. 2. DEFINITIONS.

    (a) In General.--In this Act:
            (1) Reportable.--The term ``reportable'' means required 
        under part 225 of title 49, Code of Federal Regulations, or any 
        successor regulation, to be reported to the Federal Railroad 
        Administration.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
    (b) Amendments to Chapter 201.--Section 20102 is amended--
            (1) by redesignating paragraphs (2), (3), and (4) as 
        paragraphs (3), (4), and (5), respectively;
            (2) by inserting after paragraph (1) the following:
            ``(2) `guidance document' means an agency statement of 
        general applicability and future effect, other than a 
        regulation, that sets forth a policy on a statutory, 
        regulatory, or technical issue or an interpretation of a 
        statutory, regulatory, or technical issue.''; and
            (3) by adding at the end the following:
            ``(7) `significant rule' means any final rule that the 
        Administrator of the Office of Information and Regulatory 
        Affairs of the Office of Management and Budget determines is 
        likely to--
                    ``(A) have an annual effect on the economy of 
                $100,000,000 or more or adversely affect in a material 
                way the economy, a sector of the economy, productivity, 
                competition, jobs, the environment, public health or 
                safety, or State, local, or tribal governments or 
                communities;
                    ``(B) create a significant inconsistency or 
                otherwise interfere with an action taken or planned by 
                another Federal agency;
                    ``(C) materially alter the budgetary impact of 
                entitlements, grants, user fees, or loan programs or 
                the rights and obligations of recipients thereof; or
                    ``(D) raise novel legal or policy issues.
            ``(8) `supporting information' includes data, studies, 
        formulas, models, and scientific, technical, and economic 
        findings.''.

                     TITLE I--PROCESS IMPROVEMENTS

SEC. 111. DATA TRANSPARENCY AND QUALITY.

    (a) In General.--Subchapter I of chapter 201 is amended by adding 
at the end the following:
``Sec. 20122. Data transparency and quality
    ``(a) Data Transparency.--
            ``(1) Open government.--Not later than the date on which 
        any proposed rule is published under this subtitle, the 
        Secretary of Transportation shall place, in the appropriate 
        docket, all supporting information used by the Department of 
        Transportation in relation to such proposed rule and any 
        associated analyses.
            ``(2) Accessibility.--The supporting information and 
        analyses described in paragraph (1) shall be published on a 
        public website and accessible electronically.
            ``(3) Rule of construction.--Nothing in this subsection may 
        be construed to require the release of security-sensitive 
        information or confidential business information.
    ``(b) Data Quality.--
            ``(1) Minimum standard.--The Secretary shall base each 
        determination whether to propose or adopt a rule under this 
        subtitle on the best reasonably obtainable supporting 
        information, and any associated analysis, concerning--
                    ``(A) the need to be addressed;
                    ``(B) how the rule addresses the need; and
                    ``(C) the effects, including the benefits and 
                costs, of the rule.
            ``(2) Sound science.--To the maximum extent practicable, 
        the best reasonably obtainable supporting information shall 
        include--
                    ``(A) up-to-date and relevant data;
                    ``(B) appropriately validated models and formulas;
                    ``(C) independent, peer-reviewed--
                            ``(i) studies, including, where 
                        appropriate, statistically significant 
                        findings; and
                            ``(ii) scientific, technical, and economic 
                        findings, including, where appropriate, 
                        statistically significant findings; and
                    ``(D) evidence that accurately and completely 
                reflects the need for or effects of the rule, as 
                applicable.
            ``(3) Rule of construction.--Nothing in this subsection may 
        be construed to authorize the Secretary to propose or adopt a 
        regulation based on less stringent information standards than 
        required under other law.''.
    (b) Table of Contents.--The table of contents for chapter 201 is 
amended by inserting after the item relating to section 20121 the 
following:

``20122. Data transparency and quality.''.

SEC. 112. PERFORMANCE-BASED REGULATIONS.

    (a) In General.--Subchapter I of chapter 201, as amended by section 
111, is further amended by adding at the end the following:
``Sec. 20123. Performance-based regulations
    ``(a) In General.--Before proposing or adopting a rule under this 
subtitle, the Secretary of Transportation shall consider an approach to 
the rule that specifies performance objectives rather than identifies 
or requires the specific manner of compliance that a regulated entity 
must adopt.
    ``(b) Explanation.--If the Secretary selects a prescriptive or 
nonperformance-based approach to the rule, the Secretary shall 
include--
            ``(1) in the summary section of the preamble a statement 
        that the selected approach is prescriptive or nonperformance-
        based; and
            ``(2) a justification, with supporting information, for the 
        prescriptive or nonperformance-based approach, as 
        applicable.''.
    (b) Table of Contents.--The table of contents for chapter 201 is 
amended by inserting after the item relating to section 20122 the 
following:

``20123. Performance-based regulations.''.

SEC. 113. PUBLIC PARTICIPATION.

    (a) In General.--Subchapter I of chapter 201, as amended by section 
112, is further amended by adding at the end the following:
``Sec. 20124. Public participation
    ``(a) In General.--Except as provided in subsection (b), the 
Secretary of Transportation, before issuing a proposed rule under this 
part, shall publish an advance notice of proposed rulemaking in 
accordance with subsection (c).
    ``(b) Exceptions.--This section shall not apply if--
            ``(1) the proposed rule is not likely to result in a 
        significant rule; or
            ``(2) the Secretary--
                    ``(A) upon inspection, investigation, testing, or 
                research, determines that a violation of a provision of 
                this part, including a regulation prescribed under this 
                part, or an unsafe condition or practice constitutes or 
                is causing an imminent hazard of death or injury to 
                individuals;
                    ``(B) determines that the proposed rule has the 
                consensus, in accordance with the established rules 
                governing the Rail Safety Advisory Committee, of the 
                Rail Safety Advisory Committee;
                    ``(C) determines the use of a negotiated rulemaking 
                is in the public interest and conducts a negotiated 
                rulemaking under subchapter III of chapter 5 of title 5 
                to negotiate and develop the proposed rule;
                    ``(D) determines it is necessary to waive this 
                section in order to implement section 20157;
                    ``(E) is incorporating the terms of a regulatory 
                improvement waiver under section 20125(h); or
                    ``(F)(i) is not required by law to publish a notice 
                of proposed rulemaking before issuing a final rule; and
                    ``(ii) does not voluntarily publish such notice of 
                proposed rulemaking.
    ``(c) Advance Notice of Proposed Rulemaking.--
            ``(1) In general.--An advance notice of proposed rulemaking 
        published under subsection (a) shall--
                    ``(A) describe the need to be addressed, 
                including--
                            ``(i) the supporting information 
                        demonstrating the need;
                            ``(ii) the failures of private markets that 
                        warrant new agency action, if applicable; and
                            ``(iii) whether existing law, including 
                        regulations, has created or contributed to the 
                        need;
                    ``(B) identify the legal authority under which the 
                rule may be proposed, including--
                            ``(i) whether a rulemaking is specifically 
                        directed by statute; and
                            ``(ii) each statutory deadline for 
                        regulatory action, if applicable;
                    ``(C) describe, in general terms, any available 
                regulatory alternatives, including--
                            ``(i) if rulemaking is not specifically 
                        directed by statute, the alternative of not 
                        regulating;
                            ``(ii) any alternatives that specify 
                        performance objectives rather than identify or 
                        require the specific manner of compliance that 
                        regulated entities must adopt;
                            ``(iii) any alternatives that involve the 
                        deployment of innovative technology or 
                        practices; and
                            ``(iv) any alternatives that involve 
                        different requirements for different types or 
                        sizes of businesses, if applicable;
                    ``(D) describe how the proposed rule addresses the 
                need described in subparagraph (A);
                    ``(E) identify at least one achievable objective 
                for the proposed rule, and the metrics by which the 
                Secretary expects to measure progress toward that 
                objective; and
                    ``(F) solicit public comment, for at least 60 days, 
                on the advance notice of proposed rulemaking, including 
                specific solicitation for comment on--
                            ``(i) any supporting information that 
                        informs the need for or effects of the 
                        available regulatory alternatives;
                            ``(ii) whether any law identified in 
                        subparagraph (A)(iii) should be modified to 
                        achieve the intended goal of the proposed rule 
                        more effectively or efficiently;
                            ``(iii) any available alternatives that 
                        specify performance objectives rather than 
                        identify or require the specific manner of 
                        compliance that regulated entities must adopt;
                            ``(iv) any available alternatives that 
                        involve the deployment of innovative technology 
                        or practices;
                            ``(v) any alternatives that involve 
                        different requirements for different types or 
                        sizes of businesses, if applicable; and
                            ``(vi) any available alternatives to direct 
                        regulation, including providing economic 
                        incentives to encourage the desired behavior or 
                        providing information upon which choices can be 
                        made by the public.
            ``(2) Regulatory determination.--After considering the 
        information described in paragraph (1), including comments 
        under paragraph (1)(F), and except where otherwise required by 
        statute, the Secretary may issue a notice of proposed 
        rulemaking only upon a reasoned determination that--
                    ``(A) a need exists;
                    ``(B) the proposed rule addresses that need; and
                    ``(C) the benefits of the proposed rule justify its 
                costs.
    ``(d) Rules of Construction.--Nothing in this section may be 
construed to limit--
            ``(1) any requirement under other law to analyze the 
        impacts of a proposed rule; or
            ``(2) the use of an advance notice of proposed rulemaking 
        in any regulatory action that is not likely to result in a 
        significant rule.''.
    (b) Table of Contents.--The table of contents for chapter 201, as 
amended by section 112, is further amended by inserting after the item 
relating to section 20123 the following:

``20124. Public participation.''.

SEC. 114. INNOVATIVE APPROACHES TO IMPROVE SAFETY.

    (a) In General.--Subchapter I of chapter 201, as amended by section 
113, is further amended by adding at the end the following:
``Sec. 20125. Innovative approaches to improve safety
    ``(a) Purposes.--The purposes of this section are--
            ``(1) to establish a regulatory improvement waiver to 
        facilitate innovative approaches to safety; and
            ``(2) to expedite consideration of regulatory changes based 
        on the results of the waiver.
    ``(b) Regulatory Improvement Waivers.--Notwithstanding any other 
provision of this subtitle, except subsection (i) and section 20130, 
the Secretary of Transportation may waive compliance with any part of a 
regulation prescribed or order issued under this subtitle if the 
waiver--
            ``(1) is in the public interest;
            ``(2) requires the recipient to adopt an alternative 
        technology, practice, or system that could achieve a level of 
        safety that is equivalent to, or greater than, the level of 
        safety that would be obtained in the absence of the waiver; and
            ``(3) includes an evaluation framework described in 
        subsection (c) that has been approved by the Secretary.
    ``(c) Evaluation Framework.--An evaluation framework described in 
this subsection shall include--
            ``(1) a clear statement of the objective of the waiver;
            ``(2) a plan for assessing the effects of the waiver, 
        including metrics to best gauge the effects on safety; and
            ``(3) a plan for gathering the data generated by the 
        assessment described in paragraph (2).
    ``(d) Petitions.--
            ``(1) In general.--Not later than 60 days after the date on 
        which the Secretary receives a petition for approval of a 
        waiver under this section, the Secretary shall notify the 
        petitioner in writing whether the petition--
                    ``(A) is complete or incomplete, including, if 
                incomplete, each reason the petition is incomplete; and
                    ``(B) is unusually complex or not unusually 
                complex.
            ``(2) Corrections.--The Secretary shall provide each 
        petitioner with a reasonable opportunity--
                    ``(A)(i) to address each reason that the petition 
                is incomplete; or
                    ``(ii) to explain why the petition is not unusually 
                complex; and
                    ``(B) to resubmit the petition.
    ``(e) Approval or Denial of Petitions.--
            ``(1) In general.--Not later than 180 days after the date 
        on which a petition is complete under subsection (d)(1) (or 270 
        days after such date for an unusually complex petition), the 
        Secretary shall notify the petitioner in writing that the 
        petition was approved or denied, including, if denied--
                    ``(A) a justification for the denial; and
                    ``(B) a description of each deficiency, including, 
                if applicable, any deficiency in the proposed 
                evaluation framework.
            ``(2) Deficiencies.--The Secretary shall provide each 
        petitioner with a reasonable opportunity--
                    ``(A) to correct each deficiency identified under 
                paragraph (1)(B); and
                    ``(B) to resubmit a corrected petition for 
                reconsideration.
            ``(3) Approval period.--
                    ``(A) Deadline.--If the Secretary does not notify 
                the petitioner in writing before the applicable 
                deadline under paragraph (1), the Secretary shall 
                submit to Congress, until the date of such 
                notification, a monthly report on the status of the 
                petition, including--
                            ``(i) the reason the deadline was not met;
                            ``(ii) a staffing plan to prioritize and 
                        expedite a decision on the petition; and
                            ``(iii) an estimate of when the Secretary 
                        will notify the petitioner.
                    ``(B) Period.--A waiver under this section may be 
                issued for a period of not more than 5 years.
                    ``(C) Renewal.--A waiver shall be renewed for the 
                same period as the initial waiver unless the 
                Secretary--
                            ``(i)(I) determines that the alternative 
                        technology, practice, or system does not 
                        achieve a level of safety that is equivalent 
                        to, or greater than, the level of safety that 
                        would be obtained in the absence of the waiver; 
                        and
                            ``(II) not later than 90 days before the 
                        expiration of the initial waiver, notifies the 
                        recipient of the waiver, in writing, that the 
                        waiver will not be renewed;
                            ``(ii) incorporates the relevant terms of 
                        the waiver as an alternative compliance 
                        approach under subsection (h); or
                            ``(iii) revokes the waiver for 
                        noncompliance with the terms of the waiver.
                    ``(D) Evaluation framework results.--The Secretary 
                may request the results of the evaluation framework 
                under subsection (c) and such other information related 
                to the waiver as the Secretary considers necessary to 
                make a determination under subparagraph (C)(i).
    ``(f) Public Participation.--Subject to subsection (e), the 
Secretary shall maintain similar opportunities and procedures for 
public notice, hearing, and comment as under the standard waiver 
procedure authorized under section 20103.
    ``(g) Public Availability.--
            ``(1) List.--The Secretary shall maintain, on a public 
        website, a list of each complete petition for a waiver under 
        this section, including--
                    ``(A) the date on which a petition is complete 
                under subsection (d)(1);
                    ``(B) a link to the complete petition;
                    ``(C) whether the petition was approved or denied;
                    ``(D) the date of such approval or denial;
                    ``(E) if the petition was denied, a link to the 
                justification for the denial and the description of 
                each deficiency; and
                    ``(F) if the petition was approved, a link to the 
                approved waiver, including the evaluation framework.
            ``(2) Updates.--The list described in paragraph (1) shall 
        be updated--
                    ``(A) not later than 10 days after the date on 
                which a petition is complete under subsection (d)(1); 
                and
                    ``(B) not later than 10 days after the date on 
                which the Secretary notifies a petitioner that a 
                petition was approved or denied under subsection 
                (e)(1).
    ``(h) Incorporation Into Regulation.--
            ``(1) In general.--Upon written request by a recipient of a 
        waiver, the Secretary shall revise the applicable regulation to 
        incorporate the relevant terms of the waiver as an alternative 
        compliance approach, to the maximum extent practicable, if--
                    ``(A) the waiver has been in effect for not less 
                than 1 year, including any renewal of such waiver; and
                    ``(B) using the evaluation framework under 
                subsection (c) to assess the effects of the waiver, 
                including the metrics to best gauge the effects on 
                safety, there is sufficient data and other information 
                to support that the alternative technology, practice, 
                or system under the waiver achieves a level of safety 
                that is equivalent to or greater than the level of 
                safety under the applicable regulation.
            ``(2) Alternative compliance approaches.--As part of the 
        revised regulation described in paragraph (1), the Secretary 
        may allow a person, at the person's discretion, to comply 
        with--
                    ``(A) the regulation as in effect on the day before 
                the date of the revision under paragraph (1); or
                    ``(B) the alternative compliance approach 
                demonstrated by the waiver.
            ``(3) Timing.--
                    ``(A) Notifications.--Not later than 60 days after 
                receiving a request under paragraph (1), the Secretary 
                shall provide written notification to the petitioner 
                that describes whether the relevant terms of the waiver 
                will be incorporated into regulation as an alternative 
                compliance approach.
                    ``(B) Notice of proposed rulemaking.--If the 
                relevant terms of the waiver will be incorporated into 
                regulation as an alternative compliance approach, not 
                later than 270 days after the date of the written 
                notification under subparagraph (A), the Secretary 
                shall issue a notice of proposed rulemaking that 
                incorporates the waiver with the least burdensome terms 
                necessary to ensure flexibility among various 
                operations while meeting the regulatory safety 
                objective.
                    ``(C) Final rule.--Not later than 2 years after the 
                date the notice of proposed rulemaking is issued under 
                subparagraph (B), the Secretary shall issue the final 
                rule under this subsection.
    ``(i) Nonapplicability.--This section does not apply to any 
petition that, if approved, would result in a reduction in the number 
of route miles that are required under section 20157 to have operations 
governed by a positive train control system.
    ``(j) Rules of Construction.--
            ``(1) In general.--Nothing in this section may be 
        construed--
                    ``(A) to limit the authority of the Secretary--
                            ``(i) to grant a waiver under other law, 
                        including the authority to grant any waiver 
                        that is not a regulatory improvement waiver; or
                            ``(ii) to promulgate, rescind, or revise 
                        such regulations as are necessary to carry out 
                        the functions of the Secretary under this 
                        subtitle;
                    ``(B) to prohibit a person from requesting a waiver 
                under other law, including any waiver that is not a 
                regulatory improvement waiver; or
                    ``(C) to require the release of security-sensitive, 
                proprietary, or confidential business information.
            ``(2) Net benefits.--Nothing in this section may be 
        construed to limit the authority of the Secretary to rescind or 
        revise such regulations under this subtitle based on the 
        results of the evaluation framework under subsection (c), or 
        other supporting information derived from the waiver, 
        demonstrating that the benefits of rescinding or revising such 
        regulations would justify the costs.''.
    (b) Table of Contents.--The table of contents for chapter 201, as 
amended by section 113, is further amended by inserting after the item 
relating to section 20124 the following:

``20125. Innovative approaches to improve safety.''.

SEC. 115. GUIDANCE.

    (a) In General.--Subchapter I of chapter 201, as amended by section 
114, is further amended by adding at the end the following:
``Sec. 20126. Guidance
    ``(a) In General.--The Secretary of Transportation may not issue a 
guidance document under this subtitle--
            ``(1) to establish a standard, right, or obligation that is 
        new or inconsistent with a regulation addressing the same or a 
        directly related issue;
            ``(2) as legal grounds for agency action; or
            ``(3) that will, as a practicable matter, operate with the 
        force of law or have any other coercive effect.
    ``(b) Public Participation.--
            ``(1) Requests.--The Secretary shall provide an opportunity 
        for an interested person to submit a request for a guidance 
        document--
                    ``(A) to be issued, revised, or rescinded;
                    ``(B) incorporated into regulation; and
                    ``(C) if applicable, to be added to the list 
                maintained under subsection (d).
            ``(2) Responses.--Not later than 90 days after receiving a 
        request under paragraph (1), the Secretary shall provide a 
        written response to the interested person that includes--
                    ``(A) whether the Secretary plans for a guidance 
                document to be issued, revised, rescinded, incorporated 
                into regulation, or added to the list under subsection 
                (d); and
                    ``(B) a justification for such planned action or 
                inaction.
    ``(c) Legal Statement.--Each guidance document issued under this 
subtitle shall include a statement, in a plain, prominent, and 
permanent manner, that it is not legally binding.
    ``(d) List of Guidance Documents.--
            ``(1) In general.--The Secretary shall establish and 
        maintain, on a public website, a list of all guidance documents 
        issued under this subtitle that are in effect.
            ``(2) Contents.--The Secretary shall include, for each 
        guidance document on the list--
                    ``(A) a document identification number;
                    ``(B) the title;
                    ``(C) the date of issuance;
                    ``(D) the date it was last revised, if applicable;
                    ``(E) a brief summary;
                    ``(F) a link to the guidance document;
                    ``(G) a note if it is a revision or replacement to 
                a previously issued guidance document and, if so, 
                identify the document that it revises or replaces and 
                the date of its original issuance;
                    ``(H) the citation to the statutory provision or 
                regulation (in Code of Federal Regulations format) 
                which it applies to or interprets;
                    ``(I) the name and contact information for an 
                official who can respond to relevant questions; and
                    ``(J) a description of the person or group of 
                persons to whom the guidance document applies.
            ``(3) Updates.--The Secretary shall update the list 
        whenever a guidance document is issued, revised, or rescinded, 
        not later than 10 days after such date of issuance, revision, 
        or rescission, as applicable.
    ``(e) Publication.--The Secretary shall--
            ``(1) not later than December 31, 2018, publicize on the 
        Department of Transportation website the procedure for making a 
        request under subsection (b)(1); and
            ``(2) not later than December 31, 2018, make the list under 
        subsection (d) publicly available and accessible on the 
        Department of Transportation website.
    ``(f) Rules of Construction.--Nothing in this section may be 
construed--
            ``(1) to require the release of security-sensitive, 
        proprietary, or confidential business information; or
            ``(2) to affect any request for the issuance, revision, 
        revocation, or incorporation into regulation of any guidance 
        under this subtitle made before December 31, 2018.''.
    (b) Table of Contents.--The table of contents for chapter 201, as 
amended by section 114, is further amended by inserting after the item 
relating to section 20125 the following:

``20126. Guidance.''.

SEC. 116. REGULATORY IMPACT ANALYSES.

    (a) In General.--Subchapter I of chapter 201, as amended by section 
115, is further amended by adding at the end the following:
``Sec. 20127. Regulatory impact analyses
    ``(a) In General.--Before issuing any proposed rule or final rule 
under this subtitle, the Secretary of Transportation shall conduct a 
regulatory impact analysis to evaluate the proposed rule or final rule, 
as applicable.
    ``(b) Regulatory Impact Analyses.--An analysis under subsection (a) 
shall--
            ``(1) be based upon the best reasonably obtainable 
        supporting information, consistent with section 20122;
            ``(2) describe the need to be addressed and how the rule 
        addresses that need;
            ``(3) analyze effects, including the benefits and costs, of 
        the rule;
            ``(4) to the maximum extent practicable, consider the 
        cumulative regulatory burden on the regulated entity under 
        subsection (d);
            ``(5) consider the effects on different types and sizes of 
        businesses, if applicable;
            ``(6) for a proposed rule that is likely to lead to a 
        significant rule, or a final rule that is a significant rule--
                    ``(A) describe the need to be addressed, 
                including--
                            ``(i) the supporting information 
                        demonstrating the need;
                            ``(ii) the failures of private markets that 
                        warrant new agency action, if applicable; and
                            ``(iii) whether existing law, including 
                        regulations, has created or contributed to the 
                        need;
                    ``(B) define the baseline for the analysis;
                    ``(C) set the timeframe of the analysis;
                    ``(D) analyze any available regulatory 
                alternatives, including--
                            ``(i) if rulemaking is not specifically 
                        directed by statute, the alternative of not 
                        regulating;
                            ``(ii) any alternatives that specify 
                        performance objectives rather than identify or 
                        require the specific manner of compliance that 
                        regulated entities must adopt;
                            ``(iii) any alternatives that involve the 
                        deployment of innovative technology or 
                        practices; and
                            ``(iv) any alternatives that involve 
                        different requirements for different types or 
                        sizes of businesses, if applicable;
                    ``(E) identify the effects of the available 
                regulatory alternatives described in subparagraph (D);
                    ``(F) to the maximum extent practicable, quantify 
                and monetize the benefits and costs of the selected 
                regulatory alternative and the available alternatives 
                under consideration;
                    ``(G) discount future benefits and costs quantified 
                and monetized under subparagraph (F);
                    ``(H) to the maximum extent practicable, evaluate 
                non-quantified and non-monetized benefits and costs of 
                the selected regulatory alternative and the available 
                alternatives under consideration; and
                    ``(I) characterize any uncertainty in benefits, 
                costs, and net benefits.
    ``(c) Less Burdensome Alternatives.--If after conducting an 
analysis under subsection (a) for a proposed rule that is likely to 
lead to a significant rule, or a final rule that is a significant rule, 
the Secretary selects a regulatory approach that is not the least 
burdensome compared to an available regulatory alternative, the 
Secretary shall include--
            ``(1) in the summary section of the preamble a statement 
        that the selected approach is more burdensome than an available 
        regulatory alternative; and
            ``(2) a justification, with supporting information, for the 
        selected approach.
    ``(d) Cumulative Regulatory Burden.--In considering the cumulative 
regulatory burden under subsection (b)(4), the Secretary shall--
            ``(1) identify other regulations that attempt to achieve 
        similar regulatory objectives;
            ``(2) evaluate whether the rule is inconsistent, 
        incompatible, or duplicative with other regulations issued by 
        the Secretary; and
            ``(3) consider whether the estimated benefits and costs of 
        the rule increase or decrease as a result of other regulations, 
        issued by the Secretary, that are not yet fully implemented, 
        compared to the benefits and costs of the rule in the absence 
        of such regulations.
    ``(e) Certification.--Before the Secretary issues a proposed rule 
or a final rule under this subtitle, the head of the Office of 
Regulation in the Office of General Counsel, in consultation with the 
Office of the Chief Economist (or successor offices), shall--
            ``(1) certify compliance with subsections (b), (c), and 
        (d); and
            ``(2) include the certification in the docket of the rule.
    ``(f) Regulatory Determination.--Except where otherwise required by 
statute, the Secretary may issue a proposed rule or final rule only 
upon a reasoned determination that the benefits of the rule justify its 
costs.
    ``(g) Publication.--Not later than the date that the proposed rule 
or final rule, as applicable, is published, the Secretary shall make 
publicly available the regulatory impact analysis for that regulation.
    ``(h) Rule of Construction.--Nothing in this section may be 
construed to affect the requirements under chapter 6 of title 5.''.
    (b) Table of Contents.--The table of contents for chapter 201, as 
amended by section 115, is further amended by inserting after the item 
relating to section 20126 the following:

``20127. Regulatory impact analyses.''.

SEC. 117. PERIODIC REVIEW OF FEDERAL RAILROAD ADMINISTRATION ACTIONS.

    (a) In General.--Subchapter I of chapter 201, as amended by section 
116, is further amended by adding at the end the following:
``Sec. 20128. Periodic comprehensive review of agency actions
    ``(a) In General.--Except as provided under subsection (f), not 
later than June 1, 2019, and at least every 5 years thereafter, the 
Secretary of Transportation shall complete, based on the public 
recommendations under subsection (b), a comprehensive review of the 
regulations, orders, and guidance documents issued under this subtitle.
    ``(b) Public Comments.--
            ``(1) In general.--Before conducting a review under 
        subsection (a), the Secretary shall publish in the Federal 
        Register a request for public comment on recommendations for 
        regulations, orders, or guidance documents to be revised or 
        repealed.
            ``(2) Recommendations.--A request for public comment under 
        paragraph (1) shall solicit--
                    ``(A) recommendations for regulations, orders, or 
                guidance documents to be revised or repealed, including 
                a reference to the applicable citation (in Code of 
                Federal Regulations format);
                    ``(B) justifications, including any supporting 
                information, for revising or repealing a regulation, 
                order, or guidance document identified under 
                subparagraph (A); and
                    ``(C) if applicable, specific suggestions for 
                improving a regulation, order, or guidance document 
                identified under subparagraph (A).
            ``(3) Public comment period.--The Secretary shall provide 
        90 days for public comment under this subsection.
    ``(c) Contents.--A review under subsection (a) shall include for 
each regulation, order, or guidance document recommended for revision 
or repeal under subsection (b)(2)(A)--
            ``(1) consideration of each justification under subsection 
        (b)(2)(B) and, if applicable, each suggestion under subsection 
        (b)(2)(C);
            ``(2) an assessment of whether the regulation, order, or 
        guidance document is--
                    ``(A) outmoded or outdated in light of changed 
                circumstances, including the availability of new 
                technologies;
                    ``(B) excessively burdensome due to, among other 
                things--
                            ``(i) disproportionate costs on small 
                        businesses; or
                            ``(ii) costs that exceed benefits;
                    ``(C) ineffective or insufficient for achieving its 
                objective;
                    ``(D) unclear;
                    ``(E) inconsistent with other law; or
                    ``(F) not uniformly or inconsistently enforced;
            ``(3) to the extent feasible, a comparison of the actual 
        regulatory cost or burden of the regulation, order, or guidance 
        document to the cost or burden estimated in the analysis of--
                    ``(A) the regulation during the rulemaking process;
                    ``(B) the order; or
                    ``(C) the guidance document;
            ``(4) a determination, based on the information compiled 
        under paragraphs (1) through (3), whether it is appropriate to 
        revise or repeal the regulation, order, or guidance document; 
        and
            ``(5) a justification for each determination under 
        paragraph (4).
    ``(d) Regulatory Actions.--Not later than 1 year after the date of 
completion of the review under subsection (a), the Secretary shall--
            ``(1) initiate a rulemaking to revise or repeal, as 
        applicable, each regulation that the Secretary determines under 
        subsection (c)(4) is necessary to revise or repeal;
            ``(2) take action to revise or repeal, as applicable, each 
        order the Secretary determines under subsection (c)(4) is 
        necessary to revise or repeal; and
            ``(3) take action to revise or repeal, as applicable, each 
        guidance document the Secretary determines under subsection 
        (c)(4) is necessary to revise or repeal.
    ``(e) Reports.--Not later than 180 days after the completion of a 
review under subsection (a), the Secretary shall submit a report to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the House of 
Representatives that includes--
            ``(1) the findings of the review under subsection (a) and 
        any review conducted under section 20129(c);
            ``(2) a list of each determination for the repeal or 
        revision of a regulation, order, or guidance document under 
        subsection (c)(4), including the justification for the 
        determination under subsection (c)(5); and
            ``(3) the status and timeline of each action under 
        subsection (d).
    ``(f) Exception.--The review under subsection (a) shall not apply 
to any regulation that has a framework described under section 
20129.''.
    (b) Table of Contents.--The table of contents for chapter 201, as 
amended by section 116, is further amended by inserting after the item 
relating to section 20127 the following:

``20128. Periodic comprehensive review of agency actions.''.

SEC. 118. FRAMEWORK FOR REVIEWING FUTURE REGULATIONS.

    (a) In General.--Subchapter I of chapter 201, as amended by section 
117, is further amended by adding at the end the following:
``Sec. 20129. Framework for reviewing future regulations
    ``(a) In General.--The Secretary shall include, in each significant 
rule prescribed under this subtitle on or after December 31, 2017, a 
framework for assessing the effects of the rule.
    ``(b) Requirements.--The framework for assessing the effects of a 
rule required under subsection (a) shall include--
            ``(1) a clear statement of the objectives of the rule, 
        including the need to be addressed and how the rule addresses 
        that need;
            ``(2) a plan for assessing the effects of the rule, 
        including--
                    ``(A) metrics to best gauge the effects on safety; 
                and
                    ``(B) costs associated with the rule; and
            ``(3) a plan for gathering the data generated by the 
        assessment required under paragraph (2).
    ``(c) Review.--Using the framework described in subsection (a), the 
Secretary shall conduct a review of the rule, in a manner that is 
substantially similar to the review described in section 20128, not 
later than 5 years after the effective date of the regulation and every 
5 years thereafter.''.
    (b) Table of Contents.--The table of contents for chapter 201, as 
amended by section 117, is further amended by inserting after the item 
relating to section 20128 the following:

``20129. Framework for reviewing future regulations.''.

SEC. 119. APPLICATION.

    (a) In General.--Subchapter I of chapter 201, as amended by section 
118, is further amended by adding at the end the following:
``Sec. 20130. Nonapplicability
    ``Sections 20122 through 20127 and section 20129 shall not apply to 
sections 20104 and 20109(j).''.
    (b) Table of Contents.--The table of contents for chapter 201, as 
amended by section 118, is further amended by inserting after the item 
relating to section 20129 the following:

``20130. Nonapplicability.''.
    (c) In General.--Chapter 51 is amended by inserting after section 
5110 the following:
``Sec. 5111. Regulatory process improvement
    ``(a) In General.--Except as provided in subsection (b), sections 
20122, 20123, 20124, 20127, and 20129 shall apply to a proposed rule 
and, if applicable, a final rule issued under this chapter if a primary 
purpose or material outcome of the rule is to affect the safe or secure 
transportation by railroad of hazardous material in intrastate, 
interstate, and foreign commerce.
    ``(b) Special Permits.--Nothing in section 20122, 20124, 20127, or 
20129 shall be construed to apply to any action taken pursuant to 
section 5117.''.
    (d) Table of Contents.--The table of contents for chapter 51 is 
amended by inserting after the item relating to section 5110 the 
following:

``5111. Regulatory process improvement.''.

SEC. 120. EFFECTIVE DATES.

    (a) In General.--The amendments made by sections 111, 112, 115, and 
116 shall apply with respect to proposed rules, final rules, and 
guidance documents issued on or after the date that is 30 days after 
the date of the enactment of this Act.
    (b) Section 113.--The amendment made by section 113 shall apply 
with respect to proposed rules issued on or after the date that is 18 
months after the date of enactment of this Act.
    (c) Section 114.--The amendment made by section 114 shall take 
effect on the date that is 30 days after the date of enactment of this 
Act.

                   TITLE II--MISCELLANEOUS PROVISIONS

                Subtitle A--Reorganization of Subtitle V

SEC. 211. RAIL IMPROVEMENT GRANTS.

    (a) Redesignation.--Subtitle V is amended--
            (1) by redesignating sections 24401 through 24408 as 
        sections 22901 through 22908, respectively;
            (2) by redesignating chapter 244 as chapter 229;
            (3) by moving chapter 229, as redesignated, to appear at 
        the end of part B;
            (4) in the table of chapters--
                    (A) by striking the item relating to chapter 244; 
                and
                    (B) by inserting after the item relating to chapter 
                227 the following:

``Chapter 229.  Rail Improvement Grants.....................   22901'';
        and
            (5) by amending the table of sections for chapter 229, as 
        redesignated, to read as follows:

                 ``CHAPTER 229--RAIL IMPROVEMENT GRANTS

``Sec.
``22901. Definitions.
``22902. Capital investment grants to support intercity passenger rail 
                            services.
``22903. Project management oversight.
``22904. Use of capital grants to finance first-dollar liability of 
                            grant project.
``22905. Grant conditions.
``22906. Authorization of appropriations.
``22907. Consolidated rail infrastructure and safety improvements.
``22908. Restoration and enhancement grants.''.
    (b) Technical and Conforming Amendments.--
            (1) Technical amendments.--Chapter 229, as redesignated, is 
        amended--
                    (A) in section 22902, as redesignated--
                            (i) in subsection (c)(3)(A)--
                                    (I) in the matter preceding clause 
                                (i), by inserting ``of'' after ``other 
                                modes''; and
                                    (II) in clause (vi) by striking 
                                ``environmentally'' and inserting 
                                ``environmental''; and
                            (ii) in subsection (k), by striking ``state 
                        rail plan'' and inserting ``State rail plan''; 
                        and
                    (B) in section 22905(e)(1), as redesignated--
                            (i) by striking ``government authority'' 
                        and inserting ``governmental authority''; and
                            (ii) by striking ``section 5302(11) and 
                        (6), respectively, of this title'' and 
                        inserting ``section 5302''.
            (2) Conforming amendments.--Chapter 229, as redesignated, 
        is amended--
                    (A) in section 22901(2)(D), as redesignated, by 
                striking ``24404'' and inserting ``22904'';
                    (B) in section 22904, as redesignated, by striking 
                ``24402'' and inserting ``22902'';
                    (C) in section 22907, as redesignated--
                            (i) in subsection (c)(2), by striking 
                        ``24401(2)'' and inserting ``22901(2)''; and
                            (ii) in subsection (k), by striking ``of 
                        sections 24402, 24403, and 24404 and the 
                        definition contained in 24401(1)'' and 
                        inserting ``under sections 22902, 22903, and 
                        22904, and the definition contained in section 
                        22901(1)''; and
                    (D) in section 22908, as redesignated--
                            (i) in subsection (a), in the matter 
                        preceding paragraph (1), by striking 
                        ``24401(1)'' and inserting ``22901(1)''; and
                            (ii) in subsection (i)(3), by striking 
                        ``24405'' and inserting ``22905''.
            (3) Additional conforming amendments.--
                    (A) Subtitle v.--Subtitle V is amended--
                            (i) in part C--
                                    (I) in section 24711(c)(3), by 
                                striking ``24405'' and inserting 
                                ``22905''; and
                                    (II) in section 24911(i), by 
                                striking ``24405'' and inserting 
                                ``22905''; and
                            (ii) in part D, in section 26106(e)(3), by 
                        striking ``24405 of this title'' and inserting 
                        ``22905''.
                    (B) Railroad safety enhancement act of 2008.--The 
                Passenger Rail Investment and Improvement Act of 2008 
                (division B of Public Law 110-432) is amended--
                            (i) in section 301(c) (49 U.S.C. 24405 
                        note), by striking ``24405'' and inserting 
                        ``22905''; and
                            (ii) in section 502(a)(4)(I) (49 U.S.C. 
                        26106 note), by striking ``24405'' and 
                        inserting ``22905''.
                    (C) High-speed rail corridor development.--Section 
                26106(e)(3) is amended by striking ``24405'' and 
                inserting ``22905''.
                    (D) FAST act.--Section 11308(a)(4)(I) of the Fixing 
                America's Surface Transportation Act (Public Law 114-
                94; 129 Stat. 1312) is amended by striking ``24405'' 
                and inserting ``22905''.

SEC. 212. PROJECT DELIVERY.

    (a) Redesignation.--Subtitle V is amended--
            (1) by redesignating sections 24201 and 24202 as sections 
        28701 and 28702, respectively;
            (2) by redesignating chapter 242 as chapter 287;
            (3) by moving chapter 287, as redesignated, to appear at 
        the end of part E;
            (4) in the table of chapters--
                    (A) by striking the item relating to chapter 242; 
                and
                    (B) by inserting after the item relating to chapter 
                285 the following:

``Chapter 287. Project Delivery.............................   28701'';
        and
            (5) by amending the table of sections for chapter 287, as 
        redesignated, to read as follows:

                    ``CHAPTER 287--PROJECT DELIVERY

``Sec.
``28701. Efficient environmental reviews.
``28702. Railroad rights-of-way.''.
    (b) Efficient Environmental Reviews.--Section 28701, as 
redesignated, is amended--
            (1) by striking subsection (c);
            (2) by redesignating subsections (d) and (e) as subsections 
        (c) and (d), respectively; and
            (3) by adding at the end the following:
    ``(e) Savings Clause.--Nothing in this section may be construed to 
limit the adoption of new categorical exclusions for railroad projects 
that require the approval of the Secretary under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including 
categorical exclusions proposed as part or as a result of a notice of 
proposed rulemaking.''.

                       Subtitle B--Miscellaneous

SEC. 221. RULEMAKING PROCESS.

    Section 20116 is amended in the heading by striking ``Rulemaking 
process'' and inserting ``Incorporation by reference''.

SEC. 222. TRAINING.

    (a) Minimum Training Standards and Plans.--Section 20162 is 
amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``, not later than 1 year after the date of 
                enactment of the Rail Safety Improvement Act of 
                2008,'';
                    (B) in paragraph (1), by striking the semicolon at 
                the end and inserting ``; and'';
                    (C) by striking paragraph (2); and
                    (D) by redesignating paragraph (3) as paragraph 
                (2);
            (2) by striking subsection (b); and
            (3) by amending subsection (c) to read as follows:
    ``(c) Exemptions.--The Secretary shall exempt railroad carriers and 
railroad carrier contractors and subcontractors, or the employees 
thereof, from any training standard, curriculum, or ongoing criteria, 
testing, or skills evaluation measure, or any other requirement under 
this section if--
            ``(1) the Secretary makes a reasoned determination that the 
        benefits do not justify the costs of such requirement;
            ``(2) there is insufficient supporting information to 
        support the need for such requirement; or
            ``(3) the Secretary has issued other training regulations 
        covering the same subject or designed to achieve the same 
        objective.''.
    (b) Regulations.--Not later than 3 years after the date of 
enactment of this Act, the Secretary shall revise the regulations under 
part 243 of title 49, Code of Federal Regulations, to reduce the burden 
on railroad carriers, railroad carrier contractors and subcontractors, 
and employees thereof in accordance with section 20162, as amended by 
subsection (a) of this section.
    (c) Effective Date.--The regulations under part 243 of title 49, 
Code of Federal Regulations, shall not be in effect before the date 
that is 30 days after the date of publication of the final rule 
required by subsection (b).
    (d) Savings Clause.--Nothing in this section, or the amendments 
made by this section, may be construed to affect part 214 or 232 of 
title 49, Code of Federal Regulations, as revised by the final rule, 
``Training, Qualification, and Oversight for Safety-Related Railroad 
Employees'' (79 Fed. Reg. 66459).

SEC. 223. ASSESSMENTS.

    Section 20156 is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``Not later than 4 years after the 
                date of enactment of the Rail Safety Improvement Act of 
                2008, the'' and inserting ``The''; and
                    (B) by inserting ``Class II'' before ``railroad 
                carrier that has inadequate safety performance''; and
            (2) by adding at the end the following:
    ``(i) Class III Railroad Carriers.--The Secretary may require a 
railroad carrier that is a Class III railroad and that has an 
inadequate safety performance (as determined by the Secretary) to 
conduct a safety assessment, including a safety assessment conducted 
under a grant made by the Secretary to a private or nonprofit 
organization involved in or affiliated with transportation by a Class 
II railroad or Class III railroad for research, development, 
evaluation, and training efforts, to enhance rail safety practices and 
safety culture.
    ``(j) Necessary Improvements.--
            ``(1) In general.--For each railroad carrier described in 
        paragraph (2), the Secretary shall define the criteria the 
        railroad carrier must meet in order to demonstrate that it has 
        adequate safety performance.
            ``(2) Railroad carriers described.--A railroad carrier 
        described in this paragraph is--
                    ``(A) a Class II railroad or a Class III railroad; 
                and
                    ``(B) has inadequate safety performance (as 
                determined by the Secretary).
    ``(k) Rule of Construction.--Subsection (a), and the components of 
the program required under that subsection, shall not apply to a 
railroad carrier that is a Class III railroad.''.

SEC. 224. MISCELLANEOUS AUTHORITY.

    Section 24305(c)(4) is amended by inserting ``subject to section 
24321,'' before ``provide food''.

SEC. 225. APPLICABILITY TO STATES.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary shall revise part 270 of title 49, Code of Federal 
Regulations, to exclude a State, or a political subdivision of a State, 
that provides equipment, track, right-of-way, or financial support for 
intercity passenger service pursuant to section 209 of the Passenger 
Rail Investment and Improvement Act of 2008 (division B of Public Law 
110-432; 49 U.S.C. 24101 note) if such State or political subdivision 
does not directly operate such service.

SEC. 226. ELECTRONIC COMMUNICATIONS AND RECORD KEEPING.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall--
            (1) review part A of subtitle V of title 49, United States 
        Code, including all relevant regulations, to--
                    (A) identify each requirement for a person--
                            (i) to maintain a record;
                            (ii) to communicate with the Department of 
                        Transportation; or
                            (iii) to file information with the 
                        Department of Transportation; and
                    (B) determine whether current regulations or other 
                requirements allow for--
                            (i) an electronic record to be substituted 
                        for a paper record;
                            (ii) a digital transmission, or such other 
                        electronic form of transmission as the 
                        Secretary considers appropriate, to be 
                        substituted for a paper or voice communication; 
                        and
                            (iii) an electronic filing of information 
                        to be substituted for a paper filing of 
                        information; and
            (2) submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report of the findings of the review, 
        including any recommendations.
    (b) Permissible Communications and Record Keeping.--After 
conducting the review under subsection (a), the Secretary may authorize 
a person to substitute an electronic record, transmission, or filing 
for a paper or voice record, transmission, or filing, as applicable, if 
the Secretary makes a reasoned determination that the benefits outweigh 
the costs.
    (c) Regulations.--Notwithstanding any other provision of law in 
part A of subtitle V of title 49, United States Code, as amended by 
this Act, the Secretary may revise any regulation as necessary to carry 
out subsection (b) of this section.
    (d) Rule of Construction.--Nothing in this section may be construed 
as expanding any record keeping or reporting requirement.
                                 <all>