I 
111TH CONGRESS 
2D SESSION 
H. R. 4643 
To amend chapter 53 of title 49, United States Code, to establish a public 
transportation safety program. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 22, 2010 
Mr. OBERSTAR (for himself, Mr. DEFAZIO, and Ms. EDWARDS of Maryland) 
(all by request) introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure 
A BILL 
To amend chapter 53 of title 49, United States Code, to 
establish a public transportation safety program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Public Transportation 
Safety Program Act of 2010’’. 
SEC. 2. PUBLIC TRANSPORTATION SAFETY PROGRAM. 
(a) IN GENERAL.—Section 5329 of title 49, United 
States Code, is amended to read as follows: 
‘‘§ 5329. Public transportation safety program 
‘‘(a) RAIL FIXED GUIDEWAY SAFETY.— 
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‘‘(1) PROGRAM.—The Secretary shall, as soon 
as practicable, establish and implement a public 
transportation safety program to improve the safety 
of, and reduce the number and severity of accidents 
involving, the design, construction, and revenue serv-
ice operation of rail fixed guideway public transpor-
tation systems that receive financial assistance 
under this chapter. 
‘‘(2) EXCLUSION.—This section shall not apply 
to rail fixed guideway public transportation systems 
subject to regulation by the Federal Railroad Ad-
ministration under subtitle V of this title and the 
Rail Safety Improvement Act of 2008. 
‘‘(3) 
NATIONAL
TRANSPORTATION
SAFETY 
BOARD.—When promulgating public safety transpor-
tation regulations, the Secretary shall, to the extent 
practicable, take into consideration relevant rec-
ommendations of the National Transportation Safe-
ty Board. 
‘‘(b) BUS SAFETY.—The Secretary may establish and 
implement a public transportation safety program to im-
prove the safety of, and reduce the number and severity 
of accidents involving, public transportation bus systems 
that receive financial assistance under this chapter in ac-
cordance with the provisions of this section. 
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‘‘(c) REGULATIONS AND ORDERS.— 
‘‘(1) IN GENERAL.—The Secretary shall pro-
mulgate regulations and issue orders for rail fixed 
guideway public transportation systems to ensure 
the safe operation of such systems, and when pro-
mulgating regulations, shall provide appropriate con-
sideration of costs and benefits. The secretary shall 
ensure that the regulations establish a Federal cer-
tification program for employees and contractors 
who carry out a State public transportation safety 
program in compliance with this section and oversee 
the performance of employees or contractors respon-
sible for performing safety activities identified in 
such program. 
‘‘(2) CONSULTATION BY DHS SECRETARY.—Be-
fore prescribing a security regulation or issuing a se-
curity order that affects the safety of public trans-
portation design, construction or operations, the Sec-
retary of Homeland Security shall consult with the 
Secretary. 
‘‘(3) WAIVERS.—The Secretary may waive com-
pliance with any part of a regulation promulgated or 
order issued under this section if the waiver is in the 
public interest, or a regulation or order issued under 
this section. The Secretary shall not issue a waiver 
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and shall immediately revoke a waiver if the waiver 
would not be consistent with the goals and objectives 
of this section. The Secretary shall make public the 
reasons for granting or revoking the waiver. 
‘‘(d) PREEMPTION.— 
‘‘(1) IN GENERAL.—A State may adopt or con-
tinue in force a law, regulation, or order related to 
public transportation safety until the Secretary pro-
mulgates a regulation or issues an order covering 
the subject matter of the State requirement. A State 
may adopt or continue in force an additional or 
more stringent law, regulation, or order related to 
public transportation safety only if the law, regula-
tion, or order— 
‘‘(A) has a safety benefit; 
‘‘(B) is not incompatible with a law, regu-
lation, or order of the United States Govern-
ment; and 
‘‘(C) does not unreasonably burden inter-
state commerce. 
‘‘(2) DAMAGES.—Nothing in this section shall 
be construed to preempt an action under State law 
seeking damages for personal injury, death, or prop-
erty damage alleging that a party— 
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‘‘(A) has failed to comply with the Federal 
standard of care established by a regulation or 
order issued by the Secretary under this sec-
tion; 
‘‘(B) has failed to comply with its own pro-
gram, rule, or standard that it created under a 
regulation or order issued by the Secretary; or 
‘‘(C) has failed to comply with a State law, 
regulation, or order that is not incompatible 
with paragraph (1) of this subsection. 
‘‘(3) EFFECTIVE DATE.—This subsection shall 
apply to all State law causes of action arising from 
events or activities occurring on or after the enact-
ment of this section. 
‘‘(4) FEDERAL JURISDICTION.—Nothing in this 
section creates a Federal cause of action on behalf 
of an injured party or confers Federal question ju-
risdiction for State law causes of action. 
‘‘(e) SAFETY PROGRAM ACTIVITIES.— 
‘‘(1) IN GENERAL.—In carrying out this sec-
tion, the Secretary may take actions the Secretary 
considers necessary, including— 
‘‘(A) conducting inspections, investigations, 
audits, examinations, and testing of a public 
transportation system’s equipment, facilities, 
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rolling stock, operations, and persons engaged 
in the business of a public transportation sys-
tem; 
‘‘(B) delegating to a public entity or other 
qualified person the conduct of inspections, in-
vestigations, audits, examinations, and testing 
of a public transportation system’s equipment, 
facilities, rolling stock, operations, and persons 
engaged in the business of a public transpor-
tation system; 
‘‘(C) making reports, issuing subpoenas, 
requiring the production of documents, taking 
depositions, and prescribing recordkeeping and 
reporting requirements; and 
‘‘(D) making grants or entering into agree-
ments— 
‘‘(i) for research, development, testing 
and training of every area of public trans-
portation safety; and 
‘‘(ii) to assist a public entity or quali-
fied person in carrying out the delegated 
activities set forth in subparagraph (B) of 
this paragraph. 
‘‘(2) ACCIDENTS
AND
INCIDENTS.—Activities 
authorized under this subsection may be engaged in 
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