[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4643 Introduced in House (IH)]

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 Representatives 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:
``Sec. 5329. Public transportation safety program
    ``(a) Rail Fixed Guideway Safety.--
            ``(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 service operation of rail fixed guideway public 
        transportation 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 Administration under 
        subtitle V of this title and the Rail Safety Improvement Act of 
        2008.
            ``(3) National transportation safety board.--When 
        promulgating public safety transportation regulations, the 
        Secretary shall, to the extent practicable, take into 
        consideration relevant recommendations of the National 
        Transportation Safety Board.
    ``(b) Bus Safety.--The Secretary may establish and implement a 
public transportation safety program to improve the safety of, and 
reduce the number and severity of accidents involving, public 
transportation bus systems that receive financial assistance under this 
chapter in accordance with the provisions of this section.
    ``(c) Regulations and Orders.--
            ``(1) In general.--The Secretary shall promulgate 
        regulations and issue orders for rail fixed guideway public 
        transportation systems to ensure the safe operation of such 
        systems, and when promulgating regulations, shall provide 
        appropriate consideration of costs and benefits. The secretary 
        shall ensure that the regulations establish a Federal 
        certification 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 responsible for performing safety activities 
        identified in such program.
            ``(2) Consultation by dhs secretary.--Before prescribing a 
        security regulation or issuing a security order that affects 
        the safety of public transportation design, construction or 
        operations, the Secretary of Homeland Security shall consult 
        with the Secretary.
            ``(3) Waivers.--The Secretary may waive compliance 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 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 continue in force a 
        law, regulation, or order related to public transportation 
        safety until the Secretary promulgates 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, regulation, or order--
                    ``(A) has a safety benefit;
                    ``(B) is not incompatible with a law, regulation, 
                or order of the United States Government; and
                    ``(C) does not unreasonably burden interstate 
                commerce.
            ``(2) Damages.--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--
                    ``(A) has failed to comply with the Federal 
                standard of care established by a regulation or order 
                issued by the Secretary under this section;
                    ``(B) has failed to comply with its own program, 
                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 enactment 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 jurisdiction for State law causes 
        of action.
    ``(e) Safety Program Activities.--
            ``(1) In general.--In carrying out this section, 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, rolling 
                stock, operations, and persons engaged in the business 
                of a public transportation system;
                    ``(B) delegating to a public entity or other 
                qualified person the conduct of inspections, 
                investigations, audits, examinations, and testing of a 
                public transportation system's equipment, facilities, 
                rolling stock, operations, and persons engaged in the 
                business of a public transportation 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 agreements--
                            ``(i) for research, development, testing 
                        and training of every area of public 
                        transportation safety; and
                            ``(ii) to assist a public entity or 
                        qualified 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 for safety purposes, 
        including accident and incident prevention and investigation.
            ``(3) Cost sharing.--The Federal share of a grant awarded 
        or an agreement entered into under paragraph (1)(D) of this 
        section may be up to 100 percent.
            ``(4) Entry.--In carrying out this subsection, an officer 
        or employee of the Secretary, or agent designated by the 
        Secretary under paragraph (1)(B) of this subsection, at 
        reasonable times and in a reasonable way, may enter and inspect 
        public transportation equipment, facilities, rolling stock, 
        operations, and relevant records. When requested, the officer, 
        employee, or the designated agent shall display proper 
        credentials. During an inspection, the officer, employee, or 
        designated agent of the Secretary qualifies as an employee of 
        the United States Government under chapter 171 of title 28.
    ``(f) State Participation.--
            ``(1) Safety program.--A State may establish and implement 
        a State public transportation safety program through statute 
        and regulation that requires, at a minimum, compliance with the 
        regulations and policies issued by the Secretary under this 
        section and complies with subsection (d) of this section.
            ``(2) Grants.--The Secretary may make grants or enter into 
        agreements under this subsection to carry out a State public 
        transportation safety program, including to train employees 
        necessary to administer and manage the program, and to enforce 
        Federal and State public transportation safety laws, 
        regulations and orders, provided that--
                    ``(A) employees responsible for carrying out the 
                safety oversight functions of a State public 
                transportation safety program meet the safety 
                certification criteria established through regulations 
                issued under subsection (c)(1) of this section;
                    ``(B) a State submits its public transportation 
                safety program, which shall provide a right of entry 
                and inspection to carry out the program, to the 
                Secretary for review and written approval prior to 
                implementing the program; and
                    ``(C) a State submits each amendment to its public 
                transportation safety program to the Secretary for 
                review and written decision at least 60 days before the 
                amendment becomes effective. If a State does not 
                receive a written response from the Secretary by the 
                end of the 60-day period, the amendment shall be deemed 
                to be approved.
            ``(3) Multi-state requirements.--When a single public 
        transportation authority operates in more than one State, the 
        affected States, if establishing and implementing a public 
        transportation safety program as authorized under this 
        subsection, shall--
                    ``(A) establish and implement the program jointly 
                to ensure uniform safety standards and enforcement 
                procedures that shall be, at a minimum, in compliance 
                with this section and the regulations and policies 
                issued by the Secretary under this section; or
                    ``(B) designate an entity (other than the public 
                transportation authority) to carry out the activities 
                and requirements specified by subparagraph (A) of this 
                paragraph.
            ``(4) Conflict of interest.--A State may not--
                    ``(A) allocate grant funds awarded under paragraph 
                (1) of this subsection to a State agency or local 
                entity that operates a public transportation system 
                that receives Federal transit assistance;
                    ``(B) allow a State agency or local entity that 
                operates a public transportation system to provide 
                funds to a State agency or an entity designated by the 
                State that is responsible for establishing, 
                implementing, or maintaining a State public 
                transportation safety program; or
                    ``(C) allow a State agency or local entity that 
                operates a public transportation system to participate 
                in the oversight of establishing, implementing, or 
                maintaining a State public transportation safety 
                program.
            ``(5) Cost sharing.--In the case of a State that implements 
        a safety program under this section, the following applies:
                    ``(A) The Secretary shall reimburse the State from 
                a grant made or agreement entered into under this 
                section, an amount that is up to 100 percent of the 
                costs incurred by the State in a fiscal year for 
                developing, implementing and enforcing a State public 
                transportation safety program.
                    ``(B) The Secretary, through regulations 
                promulgated under this section, shall establish a 
                schedule of reimbursable costs that the Secretary shall 
                use to assist the State in defraying the State's costs 
                of developing, implementing and enforcing a State 
                public transportation safety program.
                    ``(C) To help defray the costs of developing, 
                implementing and enforcing a State public 
                transportation safety program, the State may submit to 
                the Secretary a voucher that does not exceed the amount 
                identified on the schedule of reimbursable costs for an 
                eligible activity.
                    ``(D) The Secretary shall pay the State an amount 
                not more than the Federal Government's share of costs 
                incurred as of the date of the voucher.
            ``(6) Notice of withdrawal.--The Secretary shall ensure 
        that the State is carrying out the State public transportation 
        safety program, as follows:
                    ``(A) If the Secretary finds, after notice and 
                opportunity to comment, that the State transportation 
                safety program previously approved is not being 
                followed or has become inadequate to ensure enforcement 
                of the regulations or orders, the Secretary shall 
                withdraw approval of the program and notify the State.
                    ``(B) A State public transportation safety program 
                shall no longer be in effect upon the State's receipt 
                of the Secretary's notice of withdrawal of approval.
                    ``(C) A State receiving notice under subparagraph 
                (A) of this paragraph may seek judicial review of the 
                Secretary's decision under chapter 7 of title 5.
                    ``(D) Notwithstanding the withdrawal, a State may 
                retain jurisdiction in administrative and judicial 
                proceedings begun before the withdrawal if the issues 
                involved are not related directly to the reasons for 
                the withdrawal.
    ``(g) Enforcement.--
            ``(1) In general.--The Secretary has the authority--
                    ``(A) to establish, impose and compromise a civil 
                penalty for a violation of a public transportation 
                safety regulation promulgated or order issued under 
                this section;
                    ``(B) to establish, impose and compromise a civil 
                penalty for violation of the alcohol and controlled 
                substances testing provisions under section 5331 of 
                this chapter;
                    ``(C) to request an injunction for a violation of a 
                public transportation safety regulation promulgated or 
                order issued under this section; and
                    ``(D) to notify the Attorney General when the 
                Secretary receives evidence of a possible criminal 
                violation under paragraph (5).
            ``(2) Deposit of civil penalties.--An amount collected by 
        the Secretary under this section shall be deposited into the 
        General Fund of the United States Treasury.
            ``(3) Enforcement by the attorney general.--At the request 
        of the Secretary, the Attorney General shall bring a civil 
        action--
                    ``(A) for appropriate injunctive relief to ensure 
                compliance with this section;
                    ``(B) to collect a civil penalty imposed or an 
                amount agreed upon in a compromise under paragraph (1) 
                of this subsection; or
                    ``(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.
            ``(4) Jurisdiction.--An action under paragraph (3) of this 
        subsection may be brought in a district court of the United 
        States in any State in which the relief is required. On a 
        proper showing, the court shall issue a temporary restraining 
        order or preliminary or permanent injunction. An injunction 
        under this section may order a public transportation agency 
        receiving assistance under this chapter to comply with this 
        section, or a regulation promulgated under this section.
            ``(5) Criminal penalty.--A person who knowingly violates 
        this section or a public transportation safety regulation or 
        order issued under this section shall be fined under title 18 
        imprisoned for not more than 5 years, or both; except that the 
        maximum amount of imprisonment shall be 10 years in any case in 
        which the violation results in death or bodily injury to any 
        person. For purposes of this subparagraph--
                    ``(A) a person acts knowingly when--
                            ``(i) the person has actual knowledge of 
                        the facts giving rise to the violation; or
                            ``(ii) a reasonable person acting in the 
                        circumstances and exercising reasonable care 
                        would have that knowledge; and
                    ``(B) actual knowledge of the existence of a 
                statutory provision, or a regulation or a requirement 
                required by the Secretary is not an element of an 
                offense under this paragraph.
    ``(h) Emergency Authority.--
            ``(1) Ordering restrictions and prohibitions.--If, through 
        testing, inspection, investigation, or research carried out 
        under this section, the Secretary decides that an unsafe 
        condition or practice, or a combination of unsafe conditions 
        and practices, causes an emergency situation involving a hazard 
        of death, personal injury, or significant harm to the 
        environment, the Secretary immediately may order restrictions 
        and prohibitions, without regard to section 553 and section 554 
        of title 5 that may be necessary to abate the emergency 
        situation.
            ``(2) Emergency condition or practice.--The order shall 
        describe the condition or practice, or a combination of 
        conditions and practices, that causes the emergency situation 
        and promulgate standards and procedures for obtaining relief 
        from the order. This paragraph does not affect the Secretary's 
        discretion under this subsection to maintain the order in 
        effect for as long as the emergency situation exists.
            ``(3) Review of orders.--After issuing an order under this 
        subsection, the Secretary shall provide an opportunity for 
        review of the order under section 554 of title 5. If a petition 
        for review is filed and the review is not completed by the end 
        of the 30-day period beginning on the date the order was 
        issued, the order stops being effective at the end of that 
        period unless the Secretary decides in writing that the 
        emergency situation still exists.
            ``(4) Civil actions to compel issuance of orders.--An 
        employee of a rail fixed guideway public transportation system 
        provider who may be exposed to imminent physical injury during 
        that employment because of the Secretary's failure, without any 
        reasonable basis, to issue an order under paragraph (1) of this 
        subsection, or the employee's authorized representative, may 
        bring a civil action against the Secretary in a district court 
        of the United States to compel the Secretary to issue an order. 
        The action shall be brought in the judicial district in which 
        the emergency situation is alleged to exist, in which the 
        employing provider has its principal executive office, or in 
        the District of Columbia. The Secretary's failure to issue an 
        order under paragraph (1) of this subsection may be reviewed 
        only under section 706 of title 5.
    ``(i) Effect on Employee Qualifications and Collective 
Bargaining.--This section does not--
            ``(1) authorize the Secretary to promulgate regulations and 
        issue orders related to qualifications of employees, except 
        qualifications specifically related to safety; or
            ``(2) prohibit collective bargaining agreements between 
        public transportation agencies and public transportation 
        employees or their representatives, including agreements 
        related to qualifications of the employees that are not 
        inconsistent with regulations and orders promulgated under this 
        section.
    ``(j) Public Transportation Employee Protections.--Applicable 
provisions of the public transportation employee protection provisions 
under section 1142 of title 6 apply to direct and indirect recipients 
of Federal transit assistance under this chapter.
    ``(k) Judicial Review.--A person adversely affected or aggrieved by 
a final action of the Secretary under this section or under section 
5331 of this title may petition for review of the final action in the 
United States Court of Appeals for the District of Columbia or in the 
court of appeals for the United States for the circuit in which the 
person resides and has its principal place of business. Judicial 
procedures require--
            ``(1) the petition be filed not more than 60 days after the 
        Secretary's action becomes final;
            ``(2) the clerk of the court immediately send a copy of the 
        petition filed under paragraph (3) of this subsection to the 
        Secretary;
            ``(3) the Secretary file with the court a record of any 
        proceeding in which the final action was issued as provided in 
        section 2112 of title 28; and
            ``(4) the court to consider an objection to a final action 
        of the Secretary only if the objection was made in the course 
        of the proceeding or review conducted by the Secretary or if 
        there was a reasonable ground for not making the objection in 
        the proceeding.''.
    (b) Authorizations.--Section 5338 of title 49, United States Code, 
is amended--
            (1) by redesignating subsections (e), (f), and (g) as 
        subsections (f), (g), and (h), respectively; and
            (2) by inserting a new subsection (e) to read of follows:
    ``(e) Safety Program.--There is authorized to be appropriated such 
amounts in each fiscal year as necessary to administer section 5329 and 
to make grants or enter into agreements to carry out section 5329.''; 
and
            (3) in subsection (h), as redesignated, by striking ``and 
        (d)'' and inserting ``(d) and (e)''.
    (c) 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 programs to 
improve the safety of the Nation's public transportation systems, and 
reducing accidents on rail fixed guideway and bus systems for public 
transportation,'' after ``emergency,''.
    (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 a new subparagraph (A) following 
        ``Secretary of Transportation--'' to read as follows:
                    ``(A) shall establish and implement an enforcement 
                program, including the imposition of penalties for 
                failure to comply with this section;''.
    (e) Conforming Amendment; Repeal.--
            (1) Chapter analysis.--The analysis for chapter 53 of title 
        49, United States Code, is amended by striking the item 
        relating to section 5329 and inserting the following:

``5329. Public transportation safety program.''.
            (2) Repeal.--Section 5330 of title 49, United States Code, 
        is repealed 3 years after the effective date of final 
        regulations issued by the Secretary under section 5329 of title 
        49, as amended by this section.
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