Federal Railroad Administration Performance, Personnel, and Enforcement Act of 1996

Summary: Federal Railroad Administration Performance, Personnel, and Enforcement Act of 1996 - Amends Federal transportation law with respect to the Federal Railroad Administration (FRA).  Specifies general qualifications for the FRA Administrator.  Makes administratively final any decision of the Administrator made in carrying out specified duties or powers and involving notice and hearing.  Deems a final agency action any failure by the Secretary of Transportation, the Administrator, or by any person acting on behalf of one or the other to comply with a statutory deadline for regulatory action. 
Directs the Comptroller General to study and report to the Congress on the FRA's rulemaking process. 
Repeals hours of service requirements, converting them to administrative regulations subject to modification by the Secretary. 
Authorizes the Secretary to approve pilot projects to demonstrate the possible benefits of implementing alternatives to the strict application of such hours of service requirements and any subsequent regulations, including maximum and minimum off-duty period requirements. 
Requires the Secretary to report to the Congress on the application of:  (1) train control systems to commuter corridors; and (2) advanced train control to the National Rail Freight System. 
Directs the Secretary to adopt performance-based rail safety standards, and report to the Congress on progress in implementing them.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Railroad Administration 
Performance, Personnel, and Enforcement Act of 1996''.

SEC. 2. REGIONAL SAFETY OFFICES.

    Section 103(a) of title 49, United States Code, is amended by 
striking the second and third sentences.

SEC. 3. ADMINISTRATOR'S QUALIFICATIONS.

    Section 103(b) of title 49, United States Code, is amended by 
inserting after ``consent of the Senate.'' the following new sentence: 
``The Administrator shall be appointed on the basis of technical 
qualification, professional standing, and demonstrated knowledge in 
transportation, transportation regulation, or transportation safety.''.

SEC. 4. CONSULTATION WITH FEDERAL TRANSIT ADMINISTRATION.

    Section 103(c) of title 49, United States Code, is amended by 
inserting after paragraph (2) the following:
``The Administrator shall consult with the Federal Transit 
Administration on all commuter rail passenger service matters within 
the jurisdiction of the Administrator, and shall establish procedures 
for regular oversight of such matters.''.

SEC. 5. FINAL AGENCY ACTION.

    Subsection (d) of section 103 of title 49, United States Code, is 
amended to read as follows:
    ``(d) A decision of the Administrator in carrying out a duty or 
power specified by subsection (c)(1) and involving notice and hearing 
required by law is administratively final. A failure by the Secretary, 
by the Administrator, or by any person acting on behalf of the 
Secretary or the Administrator, to comply with a statutory deadline for 
regulatory action within the jurisdiction of the Administration shall 
be considered a final agency action for purposes of judicial review.''.

SEC. 6. STUDY OF RULEMAKING PROCESS.

    The Comptroller General shall, before October 1, 1997, complete and 
transmit to the Congress a report detailing the results of a study of 
the rulemaking process employed by the Federal Railroad Administration. 
The study shall address--
            (1) the adequacy of resources devoted to that rulemaking 
        process; and
            (2) improvements that could be made in that process, 
        including achieving timely issuance of regulations required by 
        statute and adhering to statutory deadlines.

SEC. 7. CONVERSION OF HOURS OF SERVICE PROVISIONS TO ADMINISTRATIVE 
              REGULATIONS.

    (a) Repeal.--(1) Chapter 211 of title 49, United States Code, and 
the item relating thereto in the table of chapters of subtitle V of 
title 49, are repealed.
    (2) Paragraph (1) shall take effect on October 1, 1996.
    (b) Conversion to Administrative Regulations.--On the repeal of 
chapter 211 under subsection (a), the provisions of sections 21101 
through 21107 of that chapter shall continue in effect with full force 
and effect as if issued as administrative regulations by the Secretary 
of Transportation under that chapter. Such provisions, and any 
regulations issued by the Secretary relating thereto, shall be subject 
to modification to the full extent of the Secretary's authority over 
railroad safety matters under section 20103(a) of title 49, United 
States Code.

SEC. 8. HOURS OF SERVICE PILOT PROJECTS.

    (a) Amendment.--Chapter 201 of title 49, United States Code, is 
amended by adding at the end the following new section:
``Sec. 20154. Hours of service pilot projects
    ``(a) Authority.--The Secretary of Transportation may approve the 
implementation of pilot projects to demonstrate the possible benefits 
of implementing alternatives to the strict application of the 
requirements of chapter 211, regulations issued thereunder, and 
successor regulations thereto, including requirements concerning 
maximum on-duty and minimum off-duty periods. If, as of August 1, 1996, 
less than 3 such projects are underway with projected completion dates 
of not later than June 30, 1998, the Secretary shall order the 
implementation of sufficient projects to ensure that at least 3 such 
projects are underway no later than December 1, 1996.
    ``(b) Report.--Not later than June 30, 1998, the Secretary shall 
transmit to the Congress a report that--
            ``(1) explains and analyzes the effectiveness of all pilot 
        projects established pursuant to subsection (a); and
            ``(2) recommends appropriate modifications to the 
        Secretary's hours of service regulations.''.
    (b) Conforming Amendment.--The table of sections of chapter 201 of 
title 49, United States Code, is amended by adding at the end the 
following new item:

``20154. Hours of service pilot projects.''.

SEC. 9. TRAIN CONTROL SYSTEMS REPORTS.

    (a) Amendment.--Chapter 201 of title 49, United States Code, as 
amended by section 8 of this Act, is further amended by adding at the 
end the following new section:
``Sec. 20155. Train control systems reports
    ``(a) Application of Train Control Systems to Commuter Corridors.--
Not later than December 31, 1997, the Secretary of Transportation shall 
transmit to the Congress a report--
            ``(1) evaluating the current state of train control 
        technology suitable for application to commuter rail corridors; 
        and
            ``(2) proposing a practicable schedule for the installation 
        of such train control technology on key commuter rail 
        corridors.
    ``(b) Application of Advanced Train Control to the National Rail 
Freight System.--Not later than June 30, 1998, the Secretary shall 
transmit to the Congress a report--
            ``(1) evaluating the suitability of advanced train control 
        systems (including systems that employ radio frequency data 
        links and systems using the Global Positioning System) for 
        immediate use where appropriate on freight railroads' route 
        systems;
            ``(2) outlining a feasible schedule for installation of any 
        such suitable systems on major rail freight corridors; and
            ``(3) evaluating the costs and benefits of advanced train 
        control systems, including business benefits.''.
    (b) Conforming Amendment.--The table of sections of chapter 201 of 
title 49, United States Code, is amended by adding at the end the 
following new item:

``20155. Train control systems reports.''.

SEC. 10. RAIL SAFETY PERFORMANCE-BASED STANDARDS.

    (a) Amendment.--Section 20103 of title 49, United States Code, is 
amended by adding at the end the following new subsection:
    ``(g) Performance-Based Standards.--The Secretary shall, to the 
maximum extent feasible, adopt performance-based standards for 
achieving rail safety in all activities to which this part applies. The 
Secretary shall adopt a performance-based standard whenever--
            ``(1) the performance-based standard can reasonably be 
        expected to achieve an equal or greater level of safety than 
        alternative proposed or existing standards; and
            ``(2) the administrative and enforcement costs are not 
        significantly greater than those of other types of 
        standards.''.
    (b) Report.--Not later than June 30, 1998, the Secretary of 
Transportation shall transmit to the Congress a report on progress made 
in implementing section 20103(g). Such report shall include an estimate 
of the savings achieved, as a result of such implementation, in 
administering rail safety programs as of the reporting date, as well as 
a projection of savings expected to be achieved for each fiscal year 
through September 30, 2002. Such report shall also include an analysis 
of the effects of adopting performance-based standards on--
            (1) railroad safety; and
            (2) administrative and enforcement costs.