II 

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. 

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 ‘‘Public Transportation 

5 Safety Act of 2010’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds the following: 


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1 (1) In the United States, more than 

2 10,000,000,000 trips are taken on public transpor3 tation each year, and more than 14,000,000 trips 

4 are taken on rail fixed guideway systems every week5 day. 

6 (2) Greater investment by the Federal Govern7 ment in transit safety is necessary to better protect 

8 public transportation passengers and keep the econ9 omy of the United States operating efficiently 

10 through the safe movement of goods and people. 

11 (3) The Federal Transit Administration lacks 

12 the authority to implement and enforce national 

13 public transportation safety standards. 

14 (4) State safety oversight agencies often lack 

15 the authority, expertise, and resources to effectively 

16 monitor the safety of rail fixed guideway public 

17 transportation systems. 

18 (5) According to the Federal Transit Administration, more than 1 19 ⁄3 of the assets of the largest rail 

20 transit systems in the United States are in either 

21 marginal or poor condition, and the estimated main22 tenance backlog for public transportation systems is 

23 nearly $80,000,000,000, contributing to unsafe con24 ditions for passengers and workers. 

25 (b) PURPOSES.—The purposes of this Act are— 


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1 (1) to establish a national public transportation 

2 safety plan to improve the safety of public transpor3 tation systems; 

4 (2) to assist States in developing, implementing, 

5 and enforcing rail fixed guideway public transpor6 tation safety oversight programs; and 

7 (3) to ensure that public transportation agen8 cies develop a process for prioritizing asset invest9 ment in order to bring their systems into a state of 

10 good repair. 

11 SEC. 3. PUBLIC TRANSPORTATION SAFETY. 

12 (a) PUBLIC TRANSPORTATION SAFETY PROGRAM ES13 TABLISHED.—Section 5329 of title 49, United States 

14 Code, is amended to read as follows: 

15 ‘‘§ 5329. Public transportation safety program 

16 ‘‘(a) DEFINITION.—In this section, the term ‘recipi17 ent’ means a State or local governmental authority, or any 

18 other operator of a public transportation system, that re19 ceives financial assistance under this chapter. 

20 ‘‘(b) NATIONAL PUBLIC TRANSPORTATION SAFETY

21 PLAN.— 

22 ‘‘(1) IN GENERAL.—The Secretary shall create 

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1 tation systems that receive funding under this chap2 ter. 

3 ‘‘(2) CONTENTS OF PLAN.—The national public 

4 transportation safety plan under paragraph (1) shall 

5 include— 

6 ‘‘(A) safety performance criteria for all 

7 modes of public transportation; 

8 ‘‘(B) a definition for the term ‘state of 

9 good repair’ for public transportation systems, 

10 including equipment, rolling stock, infrastruc11 ture, and facilities; 

12 ‘‘(C) minimum safety performance stand13 ards for public transportation vehicles used in 

14 revenue operations that— 

15 ‘‘(i) do not apply to rolling stock oth16 erwise regulated by the Secretary or any 

17 other Federal agency; and 

18 ‘‘(ii) to the extent practicable, take 

19 into consideration— 

20 ‘‘(I) relevant recommendations of 

21 the National Transportation Safety 

22 Board; and 

23 ‘‘(II) recommendations of, and 

24 best practices standards developed by, 


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1 the public transportation industry; 

2 and 

3 ‘‘(D) a public transportation safety certifi4 cation training program, as described in sub5 section (c). 

6 ‘‘(c) PUBLIC TRANSPORTATION SAFETY CERTIFI7 CATION TRAINING PROGRAM.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall estab9 lish a public transportation safety certification train10 ing program for Federal and State employees, or 

11 other designated personnel, who conduct safety au12 dits and examinations of public transportation sys13 tems and employees of public transportation agen14 cies directly responsible for safety oversight. 

15 ‘‘(2) INTERIM PROVISIONS.—Not later than 90 

16 days after the date of enactment of the Public 

17 Transportation Safety Act of 2010, the Secretary 

18 shall establish interim provisions for the certification 

19 and training of the personnel described in paragraph 

20 (1), which shall be in effect until the effective date 

21 of the final rule issued by the Secretary to imple22 ment this subsection. 

23 ‘‘(d) PUBLIC TRANSPORTATION AGENCY SAFETY

24 PLAN.— 


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1 ‘‘(1) IN GENERAL.—Effective 1 year after the 

2 effective date of a final rule issued by the Secretary 

3 to carry out this subsection, each recipient shall cer4 tify that the recipient has established a comprehen5 sive agency safety plan that includes, at a min6 imum— 

7 ‘‘(A) a requirement that the board of di8 rectors, or equivalent entity, of the recipient ap9 prove the agency safety plan and any updates 

10 to the agency safety plan; 

11 ‘‘(B) methods for identifying and evalu12 ating safety risks throughout all elements of the 

13 public transportation system of the recipient; 

14 ‘‘(C) strategies to minimize the exposure of 

15 the public, personnel, and property to hazards 

16 and unsafe conditions; 

17 ‘‘(D) a process and timeline for conducting 

18 an annual review and update of the safety plan 

19 of the recipient; 

20 ‘‘(E) assignment of an adequately trained 

21 safety officer who reports directly to the general 

22 manager, president, or equivalent officer of the 

23 recipient; and 

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1 sonnel directly responsible for safety of the re2 cipient that includes— 

3 ‘‘(i) the completion of a safety train4 ing program; and 

5 ‘‘(ii) continuing safety education and 

6 training. 

7 ‘‘(2) INTERIM AGENCY SAFETY PLAN.—A sys8 tem safety plan developed pursuant to part 659 of 

9 title 49, Code of Federal Regulations shall remain in 

10 effect until such time as this subsection takes effect. 

11 ‘‘(e) STATE SAFETY OVERSIGHT PROGRAM.— 

12 ‘‘(1) DEFINITION.—In this subsection, the term 

13 ‘eligible State’ means a State that has— 

14 ‘‘(A) a rail fixed guideway public transpor15 tation system within the jurisdiction of the 

16 State that is not subject to regulation by the 

17 Federal Railroad Administration; or 

18 ‘‘(B) a rail fixed guideway public transpor19 tation system in the design or construction 

20 phase of development within the jurisdiction of 

21 the State that will not be subject to regulation 

22 by the Federal Railroad Administration. 

23 ‘‘(2) IN GENERAL.—In order to obligate funds 

24 apportioned under section 5338 to carry out this 

25 chapter, effective 3 years after the date on which a 


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1 final rule under this subsection becomes effective, an 

2 eligible State shall have in effect a State safety over3 sight program approved by the Secretary under 

4 which the State— 

5 ‘‘(A) assumes responsibility for overseeing 

6 rail fixed guideway public transportation safety; 

7 ‘‘(B) adopts and enforces Federal law on 

8 rail fixed guideway public transportation safety; 

9 ‘‘(C) establishes a State safety oversight 

10 agency; 

11 ‘‘(D) determines, in consultation with the 

12 Secretary, an appropriate staffing level for the 

13 State safety oversight agency that is commensu14 rate with the number, size and complexity of 

15 the rail fixed guideway public transportation 

16 systems in the eligible State; 

17 ‘‘(E) requires that employees and other 

18 designated personnel of the eligible State safety 

19 oversight agency who are responsible for rail 

20 fixed guideway public transportation safety 

21 oversight are qualified to perform such func22 tions through appropriate training, including 

23 successful completion of the public transpor24 tation safety certification training program es25 tablished under subsection (c); and 


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1 ‘‘(F) prohibits any public transportation 

2 agency from providing funds to the State safety 

3 oversight agency or an entity designated by the 

4 eligible State as the State safety oversight 

5 agency under paragraph (5). 

6 ‘‘(3) STATE SAFETY OVERSIGHT AGENCY.— 

7 ‘‘(A) IN GENERAL.—Each State safety 

8 oversight program shall establish a State safety 

9 oversight agency that— 

10 ‘‘(i) is an independent legal entity re11 sponsible for the safety of rail fixed guide12 way public transportation systems; 

13 ‘‘(ii) is financially and legally inde14 pendent from any public transportation en15 tity that the State safety oversight agency 

16 oversees; 

17 ‘‘(iii) does not fund, promote, or pro18 vide public transportation services; 

19 ‘‘(iv) does not employ any individual 

20 who is also responsible for the administra21 tion of public transportation programs; 

22 ‘‘(v) has the authority to review, ap23 prove, oversee, and enforce the implemen24 tation by the rail fixed guideway public 

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1 portation agency safety plan required 

2 under subsection (d); 

3 ‘‘(vi) has investigative and enforce4 ment authority with respect to the safety 

5 of rail fixed guideway public transportation 

6 systems of the eligible State; 

7 ‘‘(vii) audits, at least once triennially, 

8 the compliance of the rail fixed guideway 

9 public transportation systems in the eligi10 ble State subject to this subsection with 

11 the public transportation agency safety 

12 plan required under subsection (d); and 

13 ‘‘(viii) provides, at least once annu14 ally, a status report on the safety of the 

15 rail fixed guideway public transportation 

16 systems the State safety oversight agency 

17 oversees to— 

18 ‘‘(I) the Federal Transit Admin19 istration; 

20 ‘‘(II) the Governor of the eligible 

21 State or States; and 

22 ‘‘(III) the board of directors, or 

23 equivalent entity, of any rail fixed 

24 guideway public transportation system 


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1 that the State safety oversight agency 

2 oversees. 

3 ‘‘(B) WAIVER.—At the request of an eligi4 ble State, the Secretary may waive clauses (i) 

5 and (iii) of subparagraph (A) for eligible States 

6 with 1 or more rail fixed guideway systems in 

7 revenue operations, design, or construction, 

8 that— 

9 ‘‘(i) have fewer than 1,000,000 com10 bined actual and projected rail fixed guide11 way revenue miles per year; or 

12 ‘‘(ii) provide fewer than 10,000,000 

13 combined actual and projected unlinked 

14 passenger trips per year. 

15 ‘‘(4) ENFORCEMENT.—Each State safety over16 sight agency shall have the authority to request the 

17 Secretary take enforcement actions available under 

18 subsection (g) against a rail fixed guideway public 

19 transportation system that is not in compliance with 

20 Federal safety laws. 

21 ‘‘(5) PROGRAMS FOR MULTI-STATE RAIL FIXED

22 GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS.—An 

23 eligible State that has within the jurisdiction of the 

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1 tation system that operates in more than 1 eligible 

2 State shall— 

3 ‘‘(A) jointly with all other eligible States in 

4 which the rail fixed guideway public transpor5 tation system operates, to ensure uniform safe6 ty standards and enforcement procedures that 

7 shall be in compliance with this section, estab8 lish and implement a State safety oversight pro9 gram approved by the Secretary; or 

10 ‘‘(B) jointly with all other eligible States in 

11 which the rail fixed guideway public transpor12 tation system operates, designate an entity hav13 ing characteristics consistent with the charac14 teristics described in paragraph (3) to carry out 

15 the State safety oversight program approved by 

16 the Secretary. 

17 ‘‘(6) GRANTS.— 

18 ‘‘(A) IN GENERAL.—The Secretary may 

19 make a grant to an eligible State to develop or 

20 carry out a State safety oversight program, if 

21 the eligible State submits— 

22 ‘‘(i) a proposal for the establishment 

23 of a State safety oversight program to the 

24 Secretary for review and written approval 


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1 before implementing a State safety over2 sight program; and 

3 ‘‘(ii) any amendment to the State 

4 safety oversight program of the eligible 

5 State to the Secretary for review not later 

6 than 60 days before the effective date of 

7 the amendment. 

8 ‘‘(B) DETERMINATION BY SECRETARY.— 

9 ‘‘(i) IN GENERAL.—The Secretary 

10 shall transmit written approval to an eligi11 ble State that submits a State safety over12 sight program, if the Secretary determines 

13 the State safety oversight program meets 

14 the requirements of this subsection and the 

15 State safety oversight program is adequate 

16 to promote the purposes of this section. 

17 ‘‘(ii) AMENDMENT.—The Secretary 

18 shall transmit to an eligible State that sub19 mits an amendment under subparagraph 

20 (A)(ii) a written determination with re21 spect to the amendment. 

22 ‘‘(iii) NO WRITTEN DECISION.—If an 

23 eligible State does not receive a written de24 cision from the Secretary with respect to 

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1 graph (A)(ii) before the end of the 60-day 

2 period beginning on the date on which the 

3 eligible State submits the amendment, the 

4 amendment shall be deemed to be ap5 proved. 

6 ‘‘(iv) DISAPPROVAL.—If the Secretary 

7 determines that a State safety oversight 

8 program does not meet the requirements of 

9 this subsection, the Secretary shall trans10 mit to the eligible State a written expla11 nation and allow the eligible State to mod12 ify and resubmit the State safety oversight 

13 program for approval. 

14 ‘‘(C) FEDERAL SHARE.— 

15 ‘‘(i) IN GENERAL.—The Federal share 

16 of the reasonable cost of a State safety 

17 oversight program developed or carried out 

18 using a grant under this paragraph shall 

19 be 80 percent. 

20 ‘‘(ii) IN-KIND CONTRIBUTIONS.—Any 

21 calculation of the non-Federal share of a 

22 State safety oversight program shall in23 clude in-kind contributions by an eligible 

24 State. 


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1 ‘‘(iii) NON-FEDERAL SHARE.—The 

2 non-Federal share of the cost of a State 

3 safety oversight program developed or car4 ried out using a grant under this para5 graph may not be met by— 

6 ‘‘(I) any Federal funds; 

7 ‘‘(II) any funds received from a 

8 public transportation agency; or 

9 ‘‘(III) any revenues earned by a 

10 public transportation agency. 

11 ‘‘(iv) SAFETY TRAINING PROGRAM.— 

12 The Secretary may reimburse an eligible 

13 State or a recipient for the full costs of 

14 participation in the public transportation 

15 safety certification training program estab16 lished under subsection (c) by an employee 

17 of a State safety oversight agency or a re18 cipient who is directly responsible for safe19 ty oversight. 

20 ‘‘(7) CONTINUAL EVALUATION OF PROGRAM.— 

21 The Secretary shall continually evaluate the imple22 mentation of a State safety oversight program by a 

23 State safety oversight agency, on the basis of— 


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1 ‘‘(A) reports submitted by the State safety 

2 oversight agency under paragraph (3)(A)(viii); 

3 and 

4 ‘‘(B) audits carried out by the Secretary. 

5 ‘‘(8) INADEQUATE PROGRAM.— 

6 ‘‘(A) IN GENERAL.—If the Secretary finds 

7 that a State safety oversight program approved 

8 by the Secretary is not being carried out in ac9 cordance with this section or has become inad10 equate to ensure the enforcement of Federal 

11 safety regulations, the Secretary shall— 

12 ‘‘(i) transmit to the eligible State a 

13 written explanation of the reason the pro14 gram has become inadequate and inform 

15 the State of the intention to withhold 

16 funds, including the amount of funds pro17 posed to be withheld under this section, or 

18 withdraw approval of the State safety over19 sight program; and 

20 ‘‘(ii) allow the eligible State a reason21 able period of time to modify the State 

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1 sight program to the Secretary for ap2 proval. 

3 ‘‘(B) FAILURE TO CORRECT.—If the Sec4 retary determines that a modification by an eli5 gible State of the State safety oversight pro6 gram is not sufficient to ensure the enforcement 

7 of Federal safety regulations, the Secretary 

8 may— 

9 ‘‘(i) withhold funds available under 

10 this section in an amount determined by 

11 the Secretary; or 

12 ‘‘(ii) provide written notice of with13 drawal of State safety oversight program 

14 approval. 

15 ‘‘(C) TEMPORARY OVERSIGHT.—In the 

16 event the Secretary takes action under subpara17 graph (B)(ii), the Secretary shall provide over18 sight of the rail fixed guideway systems in an 

19 eligible State until the State submits a State 

20 safety oversight program approved by the Sec21 retary. 

22 ‘‘(D) RESTORATION.— 

23 ‘‘(i) CORRECTION.—The eligible State 

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1 retary restoring funds withheld under this 

2 paragraph. 

3 ‘‘(ii) AVAILABILITY AND REALLOCA4 TION.—Any funds withheld under this 

5 paragraph shall remain available for res6 toration to the eligible State until the end 

7 of the first fiscal year after the fiscal year 

8 in which the funds were withheld, after 

9 which time the funds shall be available to 

10 the Secretary for allocation to other eligi11 ble States under this section. 

12 ‘‘(9) FEDERAL OVERSIGHT.—The Secretary 

13 shall— 

14 ‘‘(A) oversee the implementation of each 

15 State safety oversight program under this sub16 section; 

17 ‘‘(B) audit the operations of each State 

18 safety oversight agency at least once triennially; 

19 and 

20 ‘‘(C) issue regulations to carry out this 

21 subsection. 

22 ‘‘(f) AUTHORITY OF SECRETARY.—In carrying out 

23 this section, the Secretary may— 

24 ‘‘(1) conduct inspections, investigations, audits, 

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1 ties, rolling stock, and operations of the public 

2 transportation system of a recipient; 

3 ‘‘(2) make reports and issue directives with re4 spect to the safety of the public transportation sys5 tem of a recipient; 

6 ‘‘(3) issue subpoenas to, and take depositions 

7 of, any employee of a recipient or a State safety 

8 oversight agency; 

9 ‘‘(4) require the production of documents by, 

10 and prescribe recordkeeping and reporting require11 ments for, a recipient or a State safety oversight 

12 agency; 

13 ‘‘(5) investigate public transportation accidents 

14 and incidents and provide guidance to recipients re15 garding prevention of accidents and incidents; 

16 ‘‘(6) at reasonable times and in a reasonable 

17 manner, enter and inspect equipment, facilities, roll18 ing stock, operations, and relevant records of the 

19 public transportation system of a recipient; and 

20 ‘‘(7) issue regulations to carry out this section. 

21 ‘‘(g) ENFORCEMENT ACTIONS.— 

22 ‘‘(1) TYPES OF ENFORCEMENT ACTIONS.—The 

23 Secretary may take enforcement action against a re24 cipient that does not comply with Federal law with 


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1 respect to the safety of the public transportation 

2 system, including— 

3 ‘‘(A) issuing directives; 

4 ‘‘(B) requiring more frequent oversight of 

5 the recipient by a State safety oversight agency 

6 or the Secretary; 

7 ‘‘(C) imposing more frequent reporting re8 quirements; 

9 ‘‘(D) requiring that Federal transit for10 mula grant funds be spent on correcting safety 

11 deficiencies identified by the Secretary or the 

12 State safety oversight agency before such funds 

13 are spent on other projects; 

14 ‘‘(E) subject to paragraph (2), withholding 

15 Federal financial assistance, in an amount to be 

16 determined by the Secretary, from the recipient, 

17 until such time as the recipient comes into com18 pliance with this section; and 

19 ‘‘(F) subject to paragraph (3), imposing a 

20 civil penalty, in an amount to be determined by 

21 the Secretary. 

22 ‘‘(2) USE OR WITHHOLDING OF FUNDS.— 

23 ‘‘(A) IN GENERAL.—The Secretary may re24 quire the use of funds in accordance with para25 graph (1)(D), or withhold funds under paraVerDate Mar 15 2010 03:16 Jul 23, 2010 Jkt 089200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S3638.PCS S3638

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1 graph (1)(E), only if the Secretary finds that a 

2 recipient is engaged in a pattern or practice of 

3 serious safety violations or has otherwise re4 fused to comply with Federal law relating to the 

5 safety of the public transportation system. 

6 ‘‘(B) NOTICE.—Before withholding funds 

7 from a recipient under paragraph (1)(E), the 

8 Secretary shall provide to the recipient— 

9 ‘‘(i) written notice of a violation and 

10 the amount proposed to be withheld; and 

11 ‘‘(ii) a reasonable period of time with12 in which the recipient may address the vio13 lation or propose and initiate an alter14 native means of compliance that the Sec15 retary determines is acceptable. 

16 ‘‘(C) FAILURE TO ADDRESS.—If the recipi17 ent does not address the violation or propose an 

18 alternative means of compliance that the Sec19 retary determines is acceptable within the pe20 riod of time specified in the written notice, the 

21 Secretary may withhold funds under paragraph 

22 (1)(E). 

23 ‘‘(D) RESTORATION.— 

24 ‘‘(i) CORRECTION.—The recipient 

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1 tion of the Secretary prior to the Secretary 

2 restoring funds withheld under paragraph 

3 (1)(E). 

4 ‘‘(ii) AVAILABILITY AND REALLOCA5 TION.—Any funds withheld under para6 graph (1)(E) shall remain available for res7 toration to the recipient until the end of 

8 the first fiscal year after the fiscal year in 

9 which the funds were withheld, after which 

10 time the funds shall be available to the 

11 Secretary for allocation to other eligible re12 cipients. 

13 ‘‘(E) NOTIFICATION.—Not later than 3 

14 days before taking any action under subpara15 graph (C), the Secretary shall notify the Com16 mittee on Banking, Housing, and Urban Affairs 

17 of the Senate and the Committee on Transpor18 tation and Infrastructure of the House of Rep19 resentatives of such action. 

20 ‘‘(3) CIVIL PENALTIES.— 

21 ‘‘(A) IMPOSITION OF CIVIL PENALTIES.— 

22 ‘‘(i) IN GENERAL.—The Secretary 

23 may impose a civil penalty under para24 graph (1)(F), only if— 


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1 ‘‘(I) the Secretary has exhausted 

2 the enforcement actions available 

3 under subparagraphs (A) through (E) 

4 of paragraph (1); and 

5 ‘‘(II) the recipient continues to 

6 be in violation of Federal safety law. 

7 ‘‘(ii) EXCEPTION.—The Secretary 

8 may waive the requirement under clause 

9 (i)(I), if the Secretary determines that 

10 such a waiver is in the public interest. 

11 ‘‘(B) NOTICE.—Before imposing a civil 

12 penalty on a recipient under paragraph (1)(F), 

13 the Secretary shall provide to the recipient— 

14 ‘‘(i) written notice of any violation 

15 and the penalty proposed to be imposed; 

16 and 

17 ‘‘(ii) a reasonable period of time with18 in which the recipient may address the vio19 lation or propose and initiate an alter20 native means of compliance that the Sec21 retary determines is acceptable. 

22 ‘‘(C) FAILURE TO ADDRESS.—If the recipi23 ent does not address the violation or propose an 

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1 riod of time specified in the written notice, the 

2 Secretary may impose a civil penalty under 

3 paragraph (1)(F). 

4 ‘‘(D) NOTIFICATION.—Not later than 3 

5 days before taking any action under subpara6 graph (C), the Secretary shall notify the Com7 mittee on Banking, Housing, and Urban Affairs 

8 of the Senate and the Committee on Transpor9 tation and Infrastructure of the House of Rep10 resentatives of such action. 

11 ‘‘(E) DEPOSIT OF CIVIL PENALTIES.—Any 

12 amounts collected by the Secretary under this 

13 paragraph shall be deposited into the Mass 

14 Transit Account of the Highway Trust Fund. 

15 ‘‘(4) ENFORCEMENT BY THE ATTORNEY GEN16 ERAL.—At the request of the Secretary, the Attor17 ney General may bring a civil action— 

18 ‘‘(A) for appropriate injunctive relief to en19 sure compliance with this section; 

20 ‘‘(B) to collect a civil penalty imposed 

21 under paragraph (1)(F); and 

22 ‘‘(C) to enforce a subpoena, request for ad23 missions, request for production of documents 

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1 mony by deposition issued by the Secretary 

2 under this section. 

3 ‘‘(h) COST-BENEFIT ANALYSIS.— 

4 ‘‘(1) ANALYSIS REQUIRED.—In carrying out 

5 this section, the Secretary shall take into consider6 ation the costs and benefits of each action the Sec7 retary proposes to take under this section. 

8 ‘‘(2) WAIVER.—The Secretary may waive the 

9 requirement under this subsection, if the Secretary 

10 determines that such a waiver is in the public inter11 est. 

12 ‘‘(i) CONSULTATION BY THE SECRETARY OF HOME13 LAND SECURITY.—The Secretary of Homeland Security 

14 shall consult with the Secretary of Transportation before 

15 the Secretary of Homeland Security prescribes a regula16 tion or issues an order that the Secretary of Transpor17 tation determines affects the safety of public transpor18 tation design, construction, or operations. 

19 ‘‘(j) PREEMPTION OF STATE LAW.— 

20 ‘‘(1) NATIONAL UNIFORMITY OF REGULA21 TION.—Laws, regulations, and orders related to pub22 lic transportation safety shall be nationally uniform 

23 to the extent practicable. 

24 ‘‘(2) IN GENERAL.—A State may adopt or con25 tinue in force a law, regulation, or order related to 


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1 the safety of public transportation until the Sec2 retary promulgates a regulation or issues an order 

3 covering the subject matter of the State require4 ment. 

5 ‘‘(3) MORE STRINGENT LAW.—A State may 

6 adopt or continue in force a law, regulation, or order 

7 related to the safety of public transportation that is 

8 consistent with, in addition to or more stringent 

9 than a regulation or order of the Secretary, if the 

10 Secretary determines that the law, regulation, or 

11 order— 

12 ‘‘(A) has a safety benefit; 

13 ‘‘(B) is not incompatible with a law, regu14 lation, or order, or the terms and conditions of 

15 a financial assistance agreement of the United 

16 States Government; and 

17 ‘‘(C) does not unreasonably burden inter18 state commerce. 

19 ‘‘(4) ACTIONS UNDER STATE LAW.— 

20 ‘‘(A) RULE OF CONSTRUCTION.—Nothing 

21 in this section shall be construed to preempt an 

22 action under State law seeking damages for 

23 personal injury, death, or property damage al24 leging that a party has failed to comply with— 


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1 ‘‘(i) a Federal standard of care estab2 lished by a regulation or order issued by 

3 the Secretary under this section; 

4 ‘‘(ii) its own program, rule, or stand5 ard that it created pursuant to a regula6 tion or order issued by the Secretary; or 

7 ‘‘(iii) a State law, regulation, or order 

8 that is not incompatible with paragraph 

9 (2). 

10 ‘‘(B) EFFECTIVE DATE.—This paragraph 

11 shall apply to any cause of action under State 

12 law arising from an event or activity occurring 

13 on or after the date of enactment of the Public 

14 Transportation Safety Act of 2010. 

15 ‘‘(5) JURISDICTION.—Nothing in this section 

16 may be construed to create a cause of action under 

17 Federal law on behalf of an injured party or confers 

18 Federal question jurisdiction for such State law 

19 causes of action. 

20 ‘‘(k) ANNUAL REPORT.—The Secretary shall submit 

21 to the Committee on Banking, Housing, and Urban Af22 fairs of the Senate and the Committee on Transportation 

23 and Infrastructure of the House of Representatives an an24 nual report that— 


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1 ‘‘(1) analyzes public transportation safety 

2 trends among the States and documents the most ef3 fective safety programs implemented using grants 

4 under this section; and 

5 ‘‘(2) describes the effect on public transpor6 tation safety of activities carried out using grants 

7 under this section. 

8 ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to carry out this sec10 tion— 

11 ‘‘(1) $10,000,000 for fiscal year 2011; 

12 ‘‘(2) $20,000,000 for fiscal year 2012; and 

13 ‘‘(3) $30,000,000 for fiscal year 2013.’’. 

14 (b) REVIEWS AND REPORTS BY THE COMPTROLLER

15 GENERAL.— 

16 (1) REVIEW OF IMPLEMENTATION OF THIS

17 ACT.— 

18 (A) REVIEW.—The Comptroller General of 

19 the United States shall conduct a review of the 

20 status of the implementation of this Act. 

21 (B) REPORT.—Not later than 2 years after 

22 the date of enactment of this Act, the Comp23 troller General shall submit to the Committee 

24 on Banking, Housing, and Urban Affairs of the 

25 Senate and the Committee on Transportation 


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1 and Infrastructure of the House of Representa2 tives a report on the results of the review under 

3 subparagraph (A). 

4 (2) REVIEW OF IMPLEMENTATION OF STATE

5 SAFETY OVERSIGHT PROGRAMS.— 

6 (A) REVIEW.—The Comptroller General of 

7 the United States shall conduct a review of the 

8 status of the implementation of section 5329(e) 

9 of title 49, United States Code, as added by 

10 this Act. 

11 (B) REPORT.—Not later than 1 year after 

12 section 5330 of title 49, United States Code, is 

13 repealed under section 6(f) of this Act, the 

14 Comptroller General shall submit to the Com15 mittee on Banking, Housing, and Urban Affairs 

16 of the Senate and the Committee on Transpor17 tation and Infrastructure of the House of Rep18 resentatives a report on the results of the re19 view under subparagraph (A). 

20 SEC. 4. TRANSIT ASSET MANAGEMENT. 

21 Section 5326 of title 49, United States Code, is 

22 amended to read as follows: 

23 ‘‘§ 5326. Transit asset management 

24 ‘‘(a) DEFINITIONS.—In this section the following 

25 definitions shall apply: 


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1 ‘‘(1) CAPITAL ASSET.—The term ‘capital asset’ 

2 includes equipment, rolling stock, infrastructure, and 

3 facilities for use in public transportation and owned 

4 or leased by a recipient or subrecipient of Federal fi5 nancial assistance under this chapter. 

6 ‘‘(2) TRANSIT ASSET MANAGEMENT SYSTEM.— 

7 The term ‘transit asset management system’ means 

8 a strategic and systematic process of operating, 

9 maintaining, and improving public transportation 

10 capital assets effectively throughout the life cycle of 

11 such assets. 

12 ‘‘(b) TRANSIT ASSET MANAGEMENT SYSTEM.—The 

13 Secretary shall establish and implement a national transit 

14 asset management system, which shall include— 

15 ‘‘(1) a definition of the term ‘state of good re16 pair’ that includes objective standards for measuring 

17 the condition of capital assets of recipients; 

18 ‘‘(2) a requirement that recipients and sub19 recipients of funds under this chapter develop capital 

20 asset inventories and condition assessments; 

21 ‘‘(3) a requirement that each recipient of fund22 ing under this chapter report on the condition of the 

23 system of the recipient and provide a description of 

24 the change in condition since the last report; 


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1 ‘‘(4) an analytical process or decision support 

2 tool for use by public transportation systems that— 

3 ‘‘(A) allows for the estimation of capital 

4 investment needs of such systems over time; 

5 and 

6 ‘‘(B) assists with asset investment 

7 prioritization by such systems; and 

8 ‘‘(5) technical assistance to recipients of finan9 cial assistance under this chapter. 

10 ‘‘(c) RULEMAKING.—Not later than 240 days after 

11 the date of enactment of the Public Transportation Safety 

12 Act of 2010, the Secretary shall issue a notice of proposed 

13 rulemaking to implement the transit asset management 

14 system described in subsection (b), and shall issue a final 

15 rule within a reasonable amount of time. 

16 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated to carry out this sec18 tion— 

19 ‘‘(1) $2,000,000 for fiscal year 2011; 

20 ‘‘(2) $2,000,000 for fiscal year 2012; and 

21 ‘‘(3) $2,000,000 for fiscal year 2013.’’. 

22 SEC. 5. NATIONAL TRANSIT DATABASE. 

23 (a) REPORTING REQUIREMENTS.— 


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1 (1) AMENDMENT.—Section 5335 of title 49, 

2 United States Code, is amended by adding at the 

3 end the following: 

4 ‘‘(c) DATA REQUIRED TO BE REPORTED.—The Sec5 retary may award a grant under this chapter only if the 

6 recipient of the grant reports to the Secretary, for inclu7 sion in the National Transit Database, any information 

8 relating to— 

9 ‘‘(1) the causes of reportable incidents, as de10 fined by the Secretary; and 

11 ‘‘(2) transit asset inventories and condition as12 sessments conducted by the recipient.’’. 

13 (2) EFFECTIVE DATE.—The amendment made 

14 by this subsection shall take effect 2 years after the 

15 effective date of the final rule issued under section 

16 5326(c) of title 49, United States Code, as amended 

17 by this Act. 

18 (b) CONDITIONS AND PERFORMANCE REPORTING.— 

19 Section 308(e) of title 49, United States Code, is amended 

20 by adding at the end the following: 

21 ‘‘(3) In reporting to Congress under this subsection, 

22 the Secretary shall use data reported to the National 

23 Transit Database under section 5335.’’. 


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1 SEC. 6. ADDITIONAL SAFETY PROVISIONS. 

2 (a) OFFICE OF SAFETY AND SECURITY.—There is es3 tablished within the Federal Transit Administration the 

4 Office of Safety and Security. The head of the Office of 

5 Safety and Security shall be the Associate Administrator 

6 of Safety and Security. 

7 (b) PROHIBITIONS AGAINST REGULATING OPER8 ATIONS AND CHARGES.—Section 5334(b)(1) of title 49, 

9 United States Code, is amended by inserting ‘‘or for pur10 poses of establishing and enforcing a program to improve 

11 the safety of public transportation systems in the United 

12 States,’’ after ‘‘emergency,’’. 

13 (c) GRANT RECIPIENT REQUIREMENTS.— 

14 (1) AMENDMENTS.—Section 5307(d)(1) of title 

15 49, United States Code, is amended— 

16 (A) in subparagraph (K)(ii), by striking 

17 ‘‘and’’ at the end; and 

18 (B) by adding at the end the following: 

19 ‘‘(L) will comply with section 5329(d); 

20 and’’. 

21 (2) EFFECTIVE DATE.—The amendments made 

22 by this subsection shall take effect 1 year after the 

23 effective date of final regulations issued by the Sec24 retary to carry out section 5329(d) of title 49, 

25 United States Code, as amended by this Act. 


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1 (d) ALCOHOL AND CONTROLLED SUBSTANCES TEST2 ING.—Section 5331(b)(2) of title 49, United States Code, 

3 is amended— 

4 (1) by redesignating subparagraphs (A) and 

5 (B) as subparagraphs (B) and (C), respectively; and 

6 (2) by inserting before subparagraph (B), as so 

7 redesignated, the following: 

8 ‘‘(A) shall establish and implement an enforce9 ment program that includes the imposition of pen10 alties for failure to comply with this section;’’. 

11 (e) CONFORMING AMENDMENT.—The analysis for 

12 chapter 53 of title 49, United States Code, is amended— 

13 (1) by striking the item relating to section 5326 

14 and inserting the following: 

‘‘5326. Transit asset management.’’; and 

15 (2) by striking the item relating to section 5329 

16 and inserting the following: 

‘‘5329. Public transportation safety program.’’. 

17 (f) REPEAL.—Effective 3 years after the effective 

18 date of final regulations issued by the Secretary under sec19 tion 5329(e) of title 49, United States Code, as amended 

20 by this Act, section 5330 of title 49, United States Code, 

21 is repealed. 


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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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