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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3638 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 480
111th CONGRESS
  2d Session
                                S. 3638

To establish a national safety plan for public transportation, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2010

 Mr. Dodd, from the Committee on Banking, Housing, and Urban Affairs, 
 reported the following original bill; which was read twice and placed 
                            on the calendar

_______________________________________________________________________

                                 A BILL

 
To establish a national safety plan for public transportation, 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.

    This Act may be cited as the ``Public Transportation Safety Act of 
2010''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) In the United States, more than 10,000,000,000 trips 
        are taken on public transportation each year, and more than 
        14,000,000 trips are taken on rail fixed guideway systems every 
        weekday.
            (2) Greater investment by the Federal Government in transit 
        safety is necessary to better protect public transportation 
        passengers and keep the economy of the United States operating 
        efficiently through the safe movement of goods and people.
            (3) The Federal Transit Administration lacks the authority 
        to implement and enforce national public transportation safety 
        standards.
            (4) State safety oversight agencies often lack the 
        authority, expertise, and resources to effectively monitor the 
        safety of rail fixed guideway public transportation systems.
            (5) According to the Federal Transit Administration, more 
        than \1/3\ of the assets of the largest rail transit systems in 
        the United States are in either marginal or poor condition, and 
        the estimated maintenance backlog for public transportation 
        systems is nearly $80,000,000,000, contributing to unsafe 
        conditions for passengers and workers.
    (b) Purposes.--The purposes of this Act are--
            (1) to establish a national public transportation safety 
        plan to improve the safety of public transportation systems;
            (2) to assist States in developing, implementing, and 
        enforcing rail fixed guideway public transportation safety 
        oversight programs; and
            (3) to ensure that public transportation agencies develop a 
        process for prioritizing asset investment in order to bring 
        their systems into a state of good repair.

SEC. 3. PUBLIC TRANSPORTATION SAFETY.

    (a) Public Transportation Safety Program Established.--Section 5329 
of title 49, United States Code, is amended to read as follows:
``Sec. 5329. Public transportation safety program
    ``(a) Definition.--In this section, the term `recipient' means a 
State or local governmental authority, or any other operator of a 
public transportation system, that receives financial assistance under 
this chapter.
    ``(b) National Public Transportation Safety Plan.--
            ``(1) In general.--The Secretary shall create and implement 
        a national public transportation safety plan to improve the 
        safety of all public transportation systems that receive 
        funding under this chapter.
            ``(2) Contents of plan.--The national public transportation 
        safety plan under paragraph (1) shall include--
                    ``(A) safety performance criteria for all modes of 
                public transportation;
                    ``(B) a definition for the term `state of good 
                repair' for public transportation systems, including 
                equipment, rolling stock, infrastructure, and 
                facilities;
                    ``(C) minimum safety performance standards for 
                public transportation vehicles used in revenue 
                operations that--
                            ``(i) do not apply to rolling stock 
                        otherwise regulated by the Secretary or any 
                        other Federal agency; and
                            ``(ii) to the extent practicable, take into 
                        consideration--
                                    ``(I) relevant recommendations of 
                                the National Transportation Safety 
                                Board; and
                                    ``(II) recommendations of, and best 
                                practices standards developed by, the 
                                public transportation industry; and
                    ``(D) a public transportation safety certification 
                training program, as described in subsection (c).
    ``(c) Public Transportation Safety Certification Training 
Program.--
            ``(1) In general.--The Secretary shall establish a public 
        transportation safety certification training program for 
        Federal and State employees, or other designated personnel, who 
        conduct safety audits and examinations of public transportation 
        systems and employees of public transportation agencies 
        directly responsible for safety oversight.
            ``(2) Interim provisions.--Not later than 90 days after the 
        date of enactment of the Public Transportation Safety Act of 
        2010, the Secretary shall establish interim provisions for the 
        certification and training of the personnel described in 
        paragraph (1), which shall be in effect until the effective 
        date of the final rule issued by the Secretary to implement 
        this subsection.
    ``(d) Public Transportation Agency Safety Plan.--
            ``(1) In general.--Effective 1 year after the effective 
        date of a final rule issued by the Secretary to carry out this 
        subsection, each recipient shall certify that the recipient has 
        established a comprehensive agency safety plan that includes, 
        at a minimum--
                    ``(A) a requirement that the board of directors, or 
                equivalent entity, of the recipient approve the agency 
                safety plan and any updates to the agency safety plan;
                    ``(B) methods for identifying and evaluating safety 
                risks throughout all elements of the public 
                transportation system of the recipient;
                    ``(C) strategies to minimize the exposure of the 
                public, personnel, and property to hazards and unsafe 
                conditions;
                    ``(D) a process and timeline for conducting an 
                annual review and update of the safety plan of the 
                recipient;
                    ``(E) assignment of an adequately trained safety 
                officer who reports directly to the general manager, 
                president, or equivalent officer of the recipient; and
                    ``(F) a comprehensive staff training program for 
                the operations personnel and personnel directly 
                responsible for safety of the recipient that includes--
                            ``(i) the completion of a safety training 
                        program; and
                            ``(ii) continuing safety education and 
                        training.
            ``(2) Interim agency safety plan.--A system safety plan 
        developed pursuant to part 659 of title 49, Code of Federal 
        Regulations shall remain in effect until such time as this 
        subsection takes effect.
    ``(e) State Safety Oversight Program.--
            ``(1) Definition.--In this subsection, the term `eligible 
        State' means a State that has--
                    ``(A) a rail fixed guideway public transportation 
                system within the jurisdiction of the State that is not 
                subject to regulation by the Federal Railroad 
                Administration; or
                    ``(B) a rail fixed guideway public transportation 
                system in the design or construction phase of 
                development within the jurisdiction of the State that 
                will not be subject to regulation by the Federal 
                Railroad Administration.
            ``(2) In general.--In order to obligate funds apportioned 
        under section 5338 to carry out this chapter, effective 3 years 
        after the date on which a final rule under this subsection 
        becomes effective, an eligible State shall have in effect a 
        State safety oversight program approved by the Secretary under 
        which the State--
                    ``(A) assumes responsibility for overseeing rail 
                fixed guideway public transportation safety;
                    ``(B) adopts and enforces Federal law on rail fixed 
                guideway public transportation safety;
                    ``(C) establishes a State safety oversight agency;
                    ``(D) determines, in consultation with the 
                Secretary, an appropriate staffing level for the State 
                safety oversight agency that is commensurate with the 
                number, size and complexity of the rail fixed guideway 
                public transportation systems in the eligible State;
                    ``(E) requires that employees and other designated 
                personnel of the eligible State safety oversight agency 
                who are responsible for rail fixed guideway public 
                transportation safety oversight are qualified to 
                perform such functions through appropriate training, 
                including successful completion of the public 
                transportation safety certification training program 
                established under subsection (c); and
                    ``(F) prohibits any public transportation agency 
                from providing funds to the State safety oversight 
                agency or an entity designated by the eligible State as 
                the State safety oversight agency under paragraph (5).
            ``(3) State safety oversight agency.--
                    ``(A) In general.--Each State safety oversight 
                program shall establish a State safety oversight agency 
                that--
                            ``(i) is an independent legal entity 
                        responsible for the safety of rail fixed 
                        guideway public transportation systems;
                            ``(ii) is financially and legally 
                        independent from any public transportation 
                        entity that the State safety oversight agency 
                        oversees;
                            ``(iii) does not fund, promote, or provide 
                        public transportation services;
                            ``(iv) does not employ any individual who 
                        is also responsible for the administration of 
                        public transportation programs;
                            ``(v) has the authority to review, approve, 
                        oversee, and enforce the implementation by the 
                        rail fixed guideway public transportation 
                        agency of the public transportation agency 
                        safety plan required under subsection (d);
                            ``(vi) has investigative and enforcement 
                        authority with respect to the safety of rail 
                        fixed guideway public transportation systems of 
                        the eligible State;
                            ``(vii) audits, at least once triennially, 
                        the compliance of the rail fixed guideway 
                        public transportation systems in the eligible 
                        State subject to this subsection with the 
                        public transportation agency safety plan 
                        required under subsection (d); and
                            ``(viii) provides, at least once annually, 
                        a status report on the safety of the rail fixed 
                        guideway public transportation systems the 
                        State safety oversight agency oversees to--
                                    ``(I) the Federal Transit 
                                Administration;
                                    ``(II) the Governor of the eligible 
                                State or States; and
                                    ``(III) the board of directors, or 
                                equivalent entity, of any rail fixed 
                                guideway public transportation system 
                                that the State safety oversight agency 
                                oversees.
                    ``(B) Waiver.--At the request of an eligible State, 
                the Secretary may waive clauses (i) and (iii) of 
                subparagraph (A) for eligible States with 1 or more 
                rail fixed guideway systems in revenue operations, 
                design, or construction, that--
                            ``(i) have fewer than 1,000,000 combined 
                        actual and projected rail fixed guideway 
                        revenue miles per year; or
                            ``(ii) provide fewer than 10,000,000 
                        combined actual and projected unlinked 
                        passenger trips per year.
            ``(4) Enforcement.--Each State safety oversight agency 
        shall have the authority to request the Secretary take 
        enforcement actions available under subsection (g) against a 
        rail fixed guideway public transportation system that is not in 
        compliance with Federal safety laws.
            ``(5) Programs for multi-state rail fixed guideway public 
        transportation systems.--An eligible State that has within the 
        jurisdiction of the eligible State a rail fixed guideway public 
        transportation system that operates in more than 1 eligible 
        State shall--
                    ``(A) jointly with all other eligible States in 
                which the rail fixed guideway public transportation 
                system operates, to ensure uniform safety standards and 
                enforcement procedures that shall be in compliance with 
                this section, establish and implement a State safety 
                oversight program approved by the Secretary; or
                    ``(B) jointly with all other eligible States in 
                which the rail fixed guideway public transportation 
                system operates, designate an entity having 
                characteristics consistent with the characteristics 
                described in paragraph (3) to carry out the State 
                safety oversight program approved by the Secretary.
            ``(6) Grants.--
                    ``(A) In general.--The Secretary may make a grant 
                to an eligible State to develop or carry out a State 
                safety oversight program, if the eligible State 
                submits--
                            ``(i) a proposal for the establishment of a 
                        State safety oversight program to the Secretary 
                        for review and written approval before 
                        implementing a State safety oversight program; 
                        and
                            ``(ii) any amendment to the State safety 
                        oversight program of the eligible State to the 
                        Secretary for review not later than 60 days 
                        before the effective date of the amendment.
                    ``(B) Determination by secretary.--
                            ``(i) In general.--The Secretary shall 
                        transmit written approval to an eligible State 
                        that submits a State safety oversight program, 
                        if the Secretary determines the State safety 
                        oversight program meets the requirements of 
                        this subsection and the State safety oversight 
                        program is adequate to promote the purposes of 
                        this section.
                            ``(ii) Amendment.--The Secretary shall 
                        transmit to an eligible State that submits an 
                        amendment under subparagraph (A)(ii) a written 
                        determination with respect to the amendment.
                            ``(iii) No written decision.--If an 
                        eligible State does not receive a written 
                        decision from the Secretary with respect to an 
                        amendment submitted under subparagraph (A)(ii) 
                        before the end of the 60-day period beginning 
                        on the date on which the eligible State submits 
                        the amendment, the amendment shall be deemed to 
                        be approved.
                            ``(iv) Disapproval.--If the Secretary 
                        determines that a State safety oversight 
                        program does not meet the requirements of this 
                        subsection, the Secretary shall transmit to the 
                        eligible State a written explanation and allow 
                        the eligible State to modify and resubmit the 
                        State safety oversight program for approval.
                    ``(C) Federal share.--
                            ``(i) In general.--The Federal share of the 
                        reasonable cost of a State safety oversight 
                        program developed or carried out using a grant 
                        under this paragraph shall be 80 percent.
                            ``(ii) In-kind contributions.--Any 
                        calculation of the non-Federal share of a State 
                        safety oversight program shall include in-kind 
                        contributions by an eligible State.
                            ``(iii) Non-federal share.--The non-Federal 
                        share of the cost of a State safety oversight 
                        program developed or carried out using a grant 
                        under this paragraph may not be met by--
                                    ``(I) any Federal funds;
                                    ``(II) any funds received from a 
                                public transportation agency; or
                                    ``(III) any revenues earned by a 
                                public transportation agency.
                            ``(iv) Safety training program.--The 
                        Secretary may reimburse an eligible State or a 
                        recipient for the full costs of participation 
                        in the public transportation safety 
                        certification training program established 
                        under subsection (c) by an employee of a State 
                        safety oversight agency or a recipient who is 
                        directly responsible for safety oversight.
            ``(7) Continual evaluation of program.--The Secretary shall 
        continually evaluate the implementation of a State safety 
        oversight program by a State safety oversight agency, on the 
        basis of--
                    ``(A) reports submitted by the State safety 
                oversight agency under paragraph (3)(A)(viii); and
                    ``(B) audits carried out by the Secretary.
            ``(8) Inadequate program.--
                    ``(A) In general.--If the Secretary finds that a 
                State safety oversight program approved by the 
                Secretary is not being carried out in accordance with 
                this section or has become inadequate to ensure the 
                enforcement of Federal safety regulations, the 
                Secretary shall--
                            ``(i) transmit to the eligible State a 
                        written explanation of the reason the program 
                        has become inadequate and inform the State of 
                        the intention to withhold funds, including the 
                        amount of funds proposed to be withheld under 
                        this section, or withdraw approval of the State 
                        safety oversight program; and
                            ``(ii) allow the eligible State a 
                        reasonable period of time to modify the State 
                        safety oversight program or implementation of 
                        the program and submit an updated proposal for 
                        the State safety oversight program to the 
                        Secretary for approval.
                    ``(B) Failure to correct.--If the Secretary 
                determines that a modification by an eligible State of 
                the State safety oversight program is not sufficient to 
                ensure the enforcement of Federal safety regulations, 
                the Secretary may--
                            ``(i) withhold funds available under this 
                        section in an amount determined by the 
                        Secretary; or
                            ``(ii) provide written notice of withdrawal 
                        of State safety oversight program approval.
                    ``(C) Temporary oversight.--In the event the 
                Secretary takes action under subparagraph (B)(ii), the 
                Secretary shall provide oversight of the rail fixed 
                guideway systems in an eligible State until the State 
                submits a State safety oversight program approved by 
                the Secretary.
                    ``(D) Restoration.--
                            ``(i) Correction.--The eligible State shall 
                        address any inadequacy to the satisfaction of 
                        the Secretary prior to the Secretary restoring 
                        funds withheld under this paragraph.
                            ``(ii) Availability and reallocation.--Any 
                        funds withheld under this paragraph shall 
                        remain available for restoration to the 
                        eligible State until the end of the first 
                        fiscal year after the fiscal year in which the 
                        funds were withheld, after which time the funds 
                        shall be available to the Secretary for 
                        allocation to other eligible States under this 
                        section.
            ``(9) Federal oversight.--The Secretary shall--
                    ``(A) oversee the implementation of each State 
                safety oversight program under this subsection;
                    ``(B) audit the operations of each State safety 
                oversight agency at least once triennially; and
                    ``(C) issue regulations to carry out this 
                subsection.
    ``(f) Authority of Secretary.--In carrying out this section, the 
Secretary may--
            ``(1) conduct inspections, investigations, audits, 
        examinations, and testing of the equipment, facilities, rolling 
        stock, and operations of the public transportation system of a 
        recipient;
            ``(2) make reports and issue directives with respect to the 
        safety of the public transportation system of a recipient;
            ``(3) issue subpoenas to, and take depositions of, any 
        employee of a recipient or a State safety oversight agency;
            ``(4) require the production of documents by, and prescribe 
        recordkeeping and reporting requirements for, a recipient or a 
        State safety oversight agency;
            ``(5) investigate public transportation accidents and 
        incidents and provide guidance to recipients regarding 
        prevention of accidents and incidents;
            ``(6) at reasonable times and in a reasonable manner, enter 
        and inspect equipment, facilities, rolling stock, operations, 
        and relevant records of the public transportation system of a 
        recipient; and
            ``(7) issue regulations to carry out this section.
    ``(g) Enforcement Actions.--
            ``(1) Types of enforcement actions.--The Secretary may take 
        enforcement action against a recipient that does not comply 
        with Federal law with respect to the safety of the public 
        transportation system, including--
                    ``(A) issuing directives;
                    ``(B) requiring more frequent oversight of the 
                recipient by a State safety oversight agency or the 
                Secretary;
                    ``(C) imposing more frequent reporting 
                requirements;
                    ``(D) requiring that Federal transit formula grant 
                funds be spent on correcting safety deficiencies 
                identified by the Secretary or the State safety 
                oversight agency before such funds are spent on other 
                projects;
                    ``(E) subject to paragraph (2), withholding Federal 
                financial assistance, in an amount to be determined by 
                the Secretary, from the recipient, until such time as 
                the recipient comes into compliance with this section; 
                and
                    ``(F) subject to paragraph (3), imposing a civil 
                penalty, in an amount to be determined by the 
                Secretary.
            ``(2) Use or withholding of funds.--
                    ``(A) In general.--The Secretary may require the 
                use of funds in accordance with paragraph (1)(D), or 
                withhold funds under paragraph (1)(E), only if the 
                Secretary finds that a recipient is engaged in a 
                pattern or practice of serious safety violations or has 
                otherwise refused to comply with Federal law relating 
                to the safety of the public transportation system.
                    ``(B) Notice.--Before withholding funds from a 
                recipient under paragraph (1)(E), the Secretary shall 
                provide to the recipient--
                            ``(i) written notice of a violation and the 
                        amount proposed to be withheld; and
                            ``(ii) a reasonable period of time within 
                        which the recipient may address the violation 
                        or propose and initiate an alternative means of 
                        compliance that the Secretary determines is 
                        acceptable.
                    ``(C) Failure to address.--If the recipient does 
                not address the violation or propose an alternative 
                means of compliance that the Secretary determines is 
                acceptable within the period of time specified in the 
                written notice, the Secretary may withhold funds under 
                paragraph (1)(E).
                    ``(D) Restoration.--
                            ``(i) Correction.--The recipient shall 
                        address any violation to the satisfaction of 
                        the Secretary prior to the Secretary restoring 
                        funds withheld under paragraph (1)(E).
                            ``(ii) Availability and reallocation.--Any 
                        funds withheld under paragraph (1)(E) shall 
                        remain available for restoration to the 
                        recipient until the end of the first fiscal 
                        year after the fiscal year in which the funds 
                        were withheld, after which time the funds shall 
                        be available to the Secretary for allocation to 
                        other eligible recipients.
                    ``(E) Notification.--Not later than 3 days before 
                taking any action under subparagraph (C), the Secretary 
                shall notify the Committee on Banking, Housing, and 
                Urban Affairs of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives of such action.
            ``(3) Civil penalties.--
                    ``(A) Imposition of civil penalties.--
                            ``(i) In general.--The Secretary may impose 
                        a civil penalty under paragraph (1)(F), only 
                        if--
                                    ``(I) the Secretary has exhausted 
                                the enforcement actions available under 
                                subparagraphs (A) through (E) of 
                                paragraph (1); and
                                    ``(II) the recipient continues to 
                                be in violation of Federal safety law.
                            ``(ii) Exception.--The Secretary may waive 
                        the requirement under clause (i)(I), if the 
                        Secretary determines that such a waiver is in 
                        the public interest.
                    ``(B) Notice.--Before imposing a civil penalty on a 
                recipient under paragraph (1)(F), the Secretary shall 
                provide to the recipient--
                            ``(i) written notice of any violation and 
                        the penalty proposed to be imposed; and
                            ``(ii) a reasonable period of time within 
                        which the recipient may address the violation 
                        or propose and initiate an alternative means of 
                        compliance that the Secretary determines is 
                        acceptable.
                    ``(C) Failure to address.--If the recipient does 
                not address the violation or propose an alternative 
                means of compliance that the Secretary determines is 
                acceptable within the period of time specified in the 
                written notice, the Secretary may impose a civil 
                penalty under paragraph (1)(F).
                    ``(D) Notification.--Not later than 3 days before 
                taking any action under subparagraph (C), the Secretary 
                shall notify the Committee on Banking, Housing, and 
                Urban Affairs of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives of such action.
                    ``(E) Deposit of civil penalties.--Any amounts 
                collected by the Secretary under this paragraph shall 
                be deposited into the Mass Transit Account of the 
                Highway Trust Fund.
            ``(4) Enforcement by the attorney general.--At the request 
        of the Secretary, the Attorney General may bring a civil 
        action--
                    ``(A) for appropriate injunctive relief to ensure 
                compliance with this section;
                    ``(B) to collect a civil penalty imposed under 
                paragraph (1)(F); and
                    ``(C) to enforce a subpoena, request for 
                admissions, request for production of documents or 
                other tangible things, or request for testimony by 
                deposition issued by the Secretary under this section.
    ``(h) Cost-benefit Analysis.--
            ``(1) Analysis required.--In carrying out this section, the 
        Secretary shall take into consideration the costs and benefits 
        of each action the Secretary proposes to take under this 
        section.
            ``(2) Waiver.--The Secretary may waive the requirement 
        under this subsection, if the Secretary determines that such a 
        waiver is in the public interest.
    ``(i) Consultation by the Secretary of Homeland Security.--The 
Secretary of Homeland Security shall consult with the Secretary of 
Transportation before the Secretary of Homeland Security prescribes a 
regulation or issues an order that the Secretary of Transportation 
determines affects the safety of public transportation design, 
construction, or operations.
    ``(j) Preemption of State Law.--
            ``(1) National uniformity of regulation.--Laws, 
        regulations, and orders related to public transportation safety 
        shall be nationally uniform to the extent practicable.
            ``(2) In general.--A State may adopt or continue in force a 
        law, regulation, or order related to the safety of public 
        transportation until the Secretary promulgates a regulation or 
        issues an order covering the subject matter of the State 
        requirement.
            ``(3) More stringent law.--A State may adopt or continue in 
        force a law, regulation, or order related to the safety of 
        public transportation that is consistent with, in addition to 
        or more stringent than a regulation or order of the Secretary, 
        if the Secretary determines that the law, regulation, or 
        order--
                    ``(A) has a safety benefit;
                    ``(B) is not incompatible with a law, regulation, 
                or order, or the terms and conditions of a financial 
                assistance agreement of the United States Government; 
                and
                    ``(C) does not unreasonably burden interstate 
                commerce.
            ``(4) Actions under state law.--
                    ``(A) Rule of construction.--Nothing in this 
                section shall be construed to preempt an action under 
                State law seeking damages for personal injury, death, 
                or property damage alleging that a party has failed to 
                comply with--
                            ``(i) a Federal standard of care 
                        established by a regulation or order issued by 
                        the Secretary under this section;
                            ``(ii) its own program, rule, or standard 
                        that it created pursuant to a regulation or 
                        order issued by the Secretary; or
                            ``(iii) a State law, regulation, or order 
                        that is not incompatible with paragraph (2).
                    ``(B) Effective date.--This paragraph shall apply 
                to any cause of action under State law arising from an 
                event or activity occurring on or after the date of 
                enactment of the Public Transportation Safety Act of 
                2010.
            ``(5) Jurisdiction.--Nothing in this section may be 
        construed to create a cause of action under Federal law on 
        behalf of an injured party or confers Federal question 
        jurisdiction for such State law causes of action.
    ``(k) Annual Report.--The Secretary shall submit to the Committee 
on Banking, Housing, and Urban Affairs of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives an 
annual report that--
            ``(1) analyzes public transportation safety trends among 
        the States and documents the most effective safety programs 
        implemented using grants under this section; and
            ``(2) describes the effect on public transportation safety 
        of activities carried out using grants under this section.
    ``(l) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) $10,000,000 for fiscal year 2011;
            ``(2) $20,000,000 for fiscal year 2012; and
            ``(3) $30,000,000 for fiscal year 2013.''.
    (b) Reviews and Reports by the Comptroller General.--
            (1) Review of implementation of this act.--
                    (A) Review.--The Comptroller General of the United 
                States shall conduct a review of the status of the 
                implementation of this Act.
                    (B) Report.--Not later than 2 years after the date 
                of enactment of this Act, the Comptroller General shall 
                submit to the Committee on Banking, Housing, and Urban 
                Affairs of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives a report on the results of the review 
                under subparagraph (A).
            (2) Review of implementation of state safety oversight 
        programs.--
                    (A) Review.--The Comptroller General of the United 
                States shall conduct a review of the status of the 
                implementation of section 5329(e) of title 49, United 
                States Code, as added by this Act.
                    (B) Report.--Not later than 1 year after section 
                5330 of title 49, United States Code, is repealed under 
                section 6(f) of this Act, the Comptroller General shall 
                submit to the Committee on Banking, Housing, and Urban 
                Affairs of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives a report on the results of the review 
                under subparagraph (A).

SEC. 4. TRANSIT ASSET MANAGEMENT.

    Section 5326 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5326. Transit asset management
    ``(a) Definitions.--In this section the following definitions shall 
apply:
            ``(1) Capital asset.--The term `capital asset' includes 
        equipment, rolling stock, infrastructure, and facilities for 
        use in public transportation and owned or leased by a recipient 
        or subrecipient of Federal financial assistance under this 
        chapter.
            ``(2) Transit asset management system.--The term `transit 
        asset management system' means a strategic and systematic 
        process of operating, maintaining, and improving public 
        transportation capital assets effectively throughout the life 
        cycle of such assets.
    ``(b) Transit Asset Management System.--The Secretary shall 
establish and implement a national transit asset management system, 
which shall include--
            ``(1) a definition of the term `state of good repair' that 
        includes objective standards for measuring the condition of 
        capital assets of recipients;
            ``(2) a requirement that recipients and subrecipients of 
        funds under this chapter develop capital asset inventories and 
        condition assessments;
            ``(3) a requirement that each recipient of funding under 
        this chapter report on the condition of the system of the 
        recipient and provide a description of the change in condition 
        since the last report;
            ``(4) an analytical process or decision support tool for 
        use by public transportation systems that--
                    ``(A) allows for the estimation of capital 
                investment needs of such systems over time; and
                    ``(B) assists with asset investment prioritization 
                by such systems; and
            ``(5) technical assistance to recipients of financial 
        assistance under this chapter.
    ``(c) Rulemaking.--Not later than 240 days after the date of 
enactment of the Public Transportation Safety Act of 2010, the 
Secretary shall issue a notice of proposed rulemaking to implement the 
transit asset management system described in subsection (b), and shall 
issue a final rule within a reasonable amount of time.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) $2,000,000 for fiscal year 2011;
            ``(2) $2,000,000 for fiscal year 2012; and
            ``(3) $2,000,000 for fiscal year 2013.''.

SEC. 5. NATIONAL TRANSIT DATABASE.

    (a) Reporting Requirements.--
            (1) Amendment.--Section 5335 of title 49, United States 
        Code, is amended by adding at the end the following:
    ``(c) Data Required to Be Reported.--The Secretary may award a 
grant under this chapter only if the recipient of the grant reports to 
the Secretary, for inclusion in the National Transit Database, any 
information relating to--
            ``(1) the causes of reportable incidents, as defined by the 
        Secretary; and
            ``(2) transit asset inventories and condition assessments 
        conducted by the recipient.''.
            (2) Effective date.--The amendment made by this subsection 
        shall take effect 2 years after the effective date of the final 
        rule issued under section 5326(c) of title 49, United States 
        Code, as amended by this Act.
    (b) Conditions and Performance Reporting.--Section 308(e) of title 
49, United States Code, is amended by adding at the end the following:
    ``(3) In reporting to Congress under this subsection, the Secretary 
shall use data reported to the National Transit Database under section 
5335.''.

SEC. 6. ADDITIONAL SAFETY PROVISIONS.

    (a) Office of Safety and Security.--There is established within the 
Federal Transit Administration the Office of Safety and Security. The 
head of the Office of Safety and Security shall be the Associate 
Administrator of Safety and Security.
    (b) Prohibitions Against Regulating Operations and Charges.--
Section 5334(b)(1) of title 49, United States Code, is amended by 
inserting ``or for purposes of establishing and enforcing a program to 
improve the safety of public transportation systems in the United 
States,'' after ``emergency,''.
    (c) Grant Recipient Requirements.--
            (1) Amendments.--Section 5307(d)(1) of title 49, United 
        States Code, is amended--
                    (A) in subparagraph (K)(ii), by striking ``and'' at 
                the end; and
                    (B) by adding at the end the following:
                    ``(L) will comply with section 5329(d); and''.
            (2) Effective date.--The amendments made by this subsection 
        shall take effect 1 year after the effective date of final 
        regulations issued by the Secretary to carry out section 
        5329(d) of title 49, United States Code, as amended by this 
        Act.
    (d) Alcohol and Controlled Substances Testing.--Section 5331(b)(2) 
of title 49, United States Code, is amended--
            (1) by redesignating subparagraphs (A) and (B) as 
        subparagraphs (B) and (C), respectively; and
            (2) by inserting before subparagraph (B), as so 
        redesignated, the following:
            ``(A) shall establish and implement an enforcement program 
        that includes the imposition of penalties for failure to comply 
        with this section;''.
    (e) Conforming Amendment.--The analysis for chapter 53 of title 49, 
United States Code, is amended--
            (1) by striking the item relating to section 5326 and 
        inserting the following:

``5326. Transit asset management.''; and
            (2) by striking the item relating to section 5329 and 
        inserting the following:

``5329. Public transportation safety program.''.
    (f) Repeal.--Effective 3 years after the effective date of final 
regulations issued by the Secretary under section 5329(e) of title 49, 
United States Code, as amended by this Act, section 5330 of title 49, 
United States Code, is repealed.
                                                       Calendar No. 480

111th CONGRESS

  2d Session

                                S. 3638

_______________________________________________________________________

                                 A BILL

To establish a national safety plan for public transportation, and for 
                            other purposes.

_______________________________________________________________________

                             July 22, 2010

                 Read twice and placed on the calendar
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