I 

116TH CONGRESS 

2D SESSION H. R. 5571 

To facilitate the use of performance-based standards by the Department 

of Transportation, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2020 

Mr. MEADOWS (for himself, Mr. BUDD, Mr. GOHMERT, Mr. PALMER, and Mr. 

SENSENBRENNER) introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

To facilitate the use of performance-based standards by the 

Department of Transportation, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Revamping American 

5 Infrastructure Act of 2020’’. 

6 SEC. 2. USE OF PERFORMANCE-BASED STANDARDS. 

7 (a) NOTIFICATION OF PERFORMANCE-BASED STAND8 ARDS REVIEW.—The Secretary of Transportation shall in9 vite the public to provide input to identify those regula10 tions, guidance, and policies of the Department that— 


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1 (1) in current form, establish prescriptive re2 quirements for regulated entities; and 

3 (2) are able to be replaced, consistent with Fed4 eral law, providing an equal or higher level of safety, 

5 with performance-based standards. 

6 (b) REPORT AND PLAN.—Not later than 180 days 

7 after the date of enactment of this Act, the Secretary shall 

8 submit to Congress a report on the Department’s plan to 

9 address feedback from the public requested under sub10 section (a) that includes— 

11 (1) a list identifying each prescriptive regula12 tion, guidance document, and policy that was deter13 mined by the Secretary, based on input from the 

14 public, to be able to be replaced with a performance15 based standard; 

16 (2) a detailed plan to replace the regulations, 

17 guidance, and policies identified under paragraph 

18 (1) with performance-based standards; 

19 (3) a justification for omitting the regulations, 

20 guidance, and policies not identified under para21 graph (1); and 

22 (4) legislative recommendations to facilitate ad23 ditional replacement opportunities. 

24 (c) PLAN IMPLEMENTATION.—Not later than 2 years 

25 after the date on which the report required under subVerDate Sep 11 2014 02:17 Jan 11, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5571.IH H5571

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1 section (b) is submitted to Congress, the Secretary shall 

2 complete implementation of the plan described in that sub3 section. 

4 (d) RULEMAKING REQUIREMENT.— 

5 (1) IN GENERAL.—To the maximum extent pos6 sible, the Secretary shall ensure that regulations, 

7 guidance, and policies issued by the Department on 

8 and after the date of enactment of this Act are 

9 issued in the form of performance-based standards 

10 and not as prescriptive requirements for regulated 

11 entities. 

12 (2) JUSTIFICATIONS.—The Secretary shall 

13 make available to the public a justification for each 

14 regulation, guidance document, and policy issued by 

15 the Department on and after the date of enactment 

16 of this Act that is not issued in the form of a per17 formance-based standard. 

18 (e) DEPARTMENT DEFINED.—In this section, the 

19 term ‘‘Department’’ means the Department of Transpor20 tation, including each modal administration thereof. 

Æ 


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