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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6064 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6064

 To provide certain rights to commuters who ride public transportation.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2010

Mr. Ruppersberger introduced the following bill; which was referred to 
           the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
 To provide certain rights to commuters who ride public transportation.

    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 ``Commuter Bill of Rights Act of 
2010''.

SEC. 2. DEFINITIONS.

    For purposes of this Act the following definitions apply:
            (1) Eligible recipient.--The term ``eligible recipient'' 
        means a provider of public transportation.
            (2) Public transportation.--The term ``public 
        transportation'' means transportation by a conveyance that 
        provides regular and continuing general or special 
        transportation to the public, but does not include schoolbus, 
        charter, sightseeing, or intercity bus transportation or 
        intercity passenger rail transportation provided by the entity 
        described in chapter 243 (or a successor to such entity).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

SEC. 3. COMMUTER TRANSIT RIGHTS COMMISSION.

    (a) Establishment.--There is established an independent commission 
to be known as the ``Commuter Transit Rights Commission'' (hereinafter 
in this Act referred to as the ``Commission'').
    (b) Duties of the Commission.--The duties of the Commission shall 
be--
            (1) to evaluate current Federal rules and regulations on 
        commuter safety in emergency situations that govern transit 
        providers;
            (2) to evaluate contingency plans that transit providers 
        use across the United States and identify best practices; and
            (3) to make recommendations to the Secretary of 
        Transportation (referred to in this Act as the ``Secretary'') 
        pursuant to subsection (h).
    (c) Membership.--
            (1) Number and appointment.--Not later than 60 days after 
        the date of enactment of this Act, the Commission, which shall 
        be composed of 12 members, shall be appointed by the Secretary 
        as follows:
                    (A) 2 members shall be commuters of public 
                transportation.
                    (B) 2 members shall be experts in rail safety.
                    (C) 2 members shall be experts in water 
                transportation.
                    (D) 2 members shall be employees of State 
                transportation agencies.
                    (E) 2 members shall be experts in passenger safety.
                    (F) 2 members shall be experts in emergency 
                medicine.
            (2) Restriction.--No employee of the Department of 
        Transportation may serve as a member of the Commission.
            (3) Chairperson.--The Chairperson of the Commission shall 
        be elected by the members at the initial meeting.
    (d) Terms.--
            (1) In general.--Each member shall be appointed for the 
        life of the commission.
            (2) Vacancies.--A vacancy on the Commission shall be filled 
        in the same manner as the original appointment.
            (3) Pay and travel expenses.--
                    (A) Pay.--Except as provided in subparagraph (C), 
                each member of the Commission shall be paid at a rate 
                equal to the daily equivalent of the minimum annual 
                rate of basic pay for level IV of the Executive 
                Schedule under section 5315 of title 5, United States 
                Code, for each day, including travel time, during which 
                he or she is engaged in the actual performance of 
                duties vested in the Commission.
                    (B) Travel expenses.--Members shall receive travel 
                expenses, including per diem in lieu of subsistence, in 
                accordance with subchapter I of chapter 57 of title 5, 
                United States Code.
                    (C) Prohibition of compensation of federal 
                employees.--Members of the Commission who are full-time 
                officers or employees of the United States or Members 
                of Congress may not receive additional pay, allowances, 
                or benefits by reason of their service on the 
                Commission.
    (e) Meetings.--
            (1) Initial meeting.--Not later than 30 days after the date 
        on which all members of the Commission are appointed, the 
        Commission shall hold its first meeting.
            (2) Subsequent meetings.--The commission shall meet monthly 
        at the call of the Chairperson.
            (3) Quorum.--A majority of the Commission shall constitute 
        a quorum but a lesser number may hold hearings.
    (f) Staff.--The Chairperson may appoint and fix the pay of 
additional personnel as the Chairperson considers appropriate.
    (g) Powers of the Commission.--
            (1) Hearings and sessions.--The Commission may, for the 
        purpose of carrying out this Act, hold hearings, sit and act at 
        times and places, take testimony, and receive evidence as the 
        Commission considers appropriate.
            (2) Powers of members and agents.--Any member or agent of 
        the Commission may, if authorized by the Commission, take any 
        action which the Commission is authorized to take by this 
        section.
    (h) Recommendations.--
            (1) Commuter bill of rights.--Not later than 160 days after 
        its initial meeting, the Commission shall make recommendations 
        to the Secretary that shall be known as the ``Commuter Bill of 
        Rights''. The Commuter Bill of Rights shall include the 
        following:
                    (A) A list of situations in which a provider of 
                public transportation shall implement its contingency 
                plan.
                    (B) Recommendations for the minimum standards that 
                a contingency plan of a provider of public 
                transportation must meet, including the following:
                            (i) Provision of food, water, restrooms, 
                        ventilation, and medical services.
                            (ii) Distribution of critical information 
                        to commuters on a disabled or delayed train or 
                        other transit vehicle, including a time frame 
                        for when commuters will be permitted to exit 
                        such disabled or delayed transit vehicle and 
                        how such commuters will be redirected to their 
                        final destinations in a timely manner.
                    (C) Recommendations for Federal regulations on 
                commuter safety in an emergency situation.
            (2) Procedure.--A majority of the Commission shall approve 
        each recommendation before it is included in the Commuter Bill 
        of Rights and submitted to the Secretary.
            (3) Supplemental report.--The Commission shall submit a 
        supplemental report to the Secretary along with the Commuter 
        Bill of Rights that contains all of the recommendations that 
        the Commission considered, including those recommendations that 
        did not receive a majority vote for inclusion in the Commuter 
        Bill of Rights.
    (i) Termination.--The Commission shall terminate on the date that 
the Commission submits the Commuter Bill of Rights and supplemental 
report to the Secretary under subsection (h).

SEC. 4. GRANT PROGRAM.

    (a) Authorization of Grant Program.--The Secretary may provide 
grants on a competitive basis to providers of public transportation to 
develop and implement contingency plans that fulfill the Commuter Bill 
of Rights.
    (b) Application.--
            (1) In general.--To be eligible to receive a grant under 
        this section, an eligible recipient shall submit an application 
        not later than 90 days after the Secretary has issued a notice 
        of availability at such time and in such manner as the 
        Secretary may reasonably require.
            (2) Contingency plan implementation.--An eligible recipient 
        shall include in its application a cost estimate of 
        implementing the contingency plan to fulfill the Consumer Bill 
        of Rights.
            (3) Certification.--When submitting an application, a 
        provider of public transportation shall certify to the 
        Secretary that the provider will implement its contingency plan 
        not later than 90 days after receiving a grant under this 
        section.
    (d) Amount of Grants.--An eligible recipient may only receive one 
grant under this section. The amount of such grant shall be the greater 
of $50,000 or 50 percent of the total amount of costs estimated in 
implementing the Commuter Bill of Rights as determined by the 
Secretary.

SEC. 5. DUTIES OF THE SECRETARY.

    (a) In General.--The Secretary shall review the Commuter Bill of 
Rights submitted by the Commission under section 3 and issue 
regulations to require providers of public transportation to comply 
with the standards recommended by the Commuter Bill of Rights.
    (b) Federal Policies.--The Secretary shall use the Bill of Rights 
as recommended by the Commission to develop federal policies that will 
require compliance with the Bill of Rights by commuter transit 
providers. Such policies shall include--
            (1) a requirement for providers of public transportation to 
        submit for approval by the Secretary a proposed contingency 
        plan meeting minimum standards according to the Bill of Rights;
            (2) a requirement that contingency plans be reviewed and 
        updated as necessary and re-submitted to the Secretary every 5 
        years; and
            (3) a requirement that providers of public transportation 
        comply with the final rule issued pursuant to subsection (a) 
        not later than 180 days after the rule is issued under 
        subsection (a).
    (c) Penalties and Sanctions.--The Secretary may assess appropriate 
penalties or sanctions for non-compliance as determined by the 
Secretary against providers of public transportation who fail to 
submit, obtain approval of, or adhere to its contingency plan.
    (d) Bill of Rights to Congress.--When the Secretary receives the 
Consumer Bill of Rights from the Committee, the Secretary shall forward 
a copy of such bill of rights to Congress.
    (e) Consumer Hotline.--The Secretary shall establish a consumer 
hotline telephone number for public transportation complaints in which 
the Secretary responds to consumer complaints not later than 30 days 
after submission of a complaint.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary, such sums 
as may be necessary to carry out this Act, to remain available until 
expended.
                                 <all>
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