[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3139 Engrossed in Senate (ES)]

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115th CONGRESS
  2d Session
                                S. 3139

_______________________________________________________________________

                                 AN ACT


 
     To require State safety oversight agencies to conduct safety 
 inspections of public transportation systems that provide rail fixed 
     guideway public transportation and to direct the Secretary of 
   Transportation to develop risk-based inspection guidance for such 
                   agencies, 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 ``Transit Rail Inspection Practices 
Act of 2018'' or the ``TRIP Act''.

SEC. 2. PUBLIC TRANSPORTATION SAFETY INSPECTIONS.

    (a) In General.--Section 5329 of title 49, United States Code, is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (D), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (E), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(F) consideration, where appropriate, of 
                performance-based and risk-based methodologies.''; and
                    (B) by adding at the end the following:
            ``(3) Plan updates.--The Secretary shall update the 
        national public transportation safety plan under paragraph (1) 
        as necessary.'';
            (2) in subsection (e), by adding at the end the following:
            ``(11) Effectiveness of enforcement authorities and 
        practices.--The Secretary shall develop and disseminate to 
        State safety oversight agencies the process and methodology 
        that the Secretary will use to monitor the effectiveness of the 
        enforcement authorities and practices of State safety oversight 
        agencies.''; and
            (3) by adding at the end the following:
    ``(l) Inspections.--
            ``(1) Inspection access.--
                    ``(A) In general.--A State safety oversight program 
                shall provide the State safety oversight agency 
                established by the program with the authority and 
                capability to enter the facilities of each rail fixed 
                guideway public transportation system that the State 
                safety oversight agency oversees to inspect 
                infrastructure, equipment, records, personnel, and 
                data, including the data that the rail fixed guideway 
                public transportation agency collects when identifying 
                and evaluating safety risks.
                    ``(B) Polices and procedures.--A State safety 
                oversight agency, in consultation with each rail fixed 
                guideway public transportation agency that the State 
                safety oversight agency oversees, shall establish 
                policies and procedures regarding the access of the 
                State safety oversight agency to conduct inspections of 
                the rail fixed guideway public transportation system, 
                including access for inspections that occur without 
                advance notice to the rail fixed guideway public 
                transportation agency.
            ``(2) Data collection.--
                    ``(A) In general.--A rail fixed guideway public 
                transportation agency shall provide the applicable 
                State safety oversight agency with the data that the 
                rail fixed guideway public transportation agency 
                collects when identifying and evaluating safety risks, 
                in accordance with subparagraph (B).
                    ``(B) Policies and procedures.--A State safety 
                oversight agency shall establish policies and 
                procedures for collecting data described in 
                subparagraph (A) from a rail fixed guideway public 
                transportation agency, including with respect to 
                frequency of collection, that is commensurate with the 
                size and complexity of the rail fixed guideway public 
                transportation system.
            ``(3) Incorporation.--Policies and procedures established 
        under this subsection shall be incorporated into--
                    ``(A) the State safety oversight program standard 
                adopted by a State safety oversight agency under 
                section 674.27 of title 49, Code of Federal Regulations 
                (or any successor regulation); and
                    ``(B) the public transportation agency safety plan 
                established by a rail fixed guideway public 
                transportation agency under subsection (d).
            ``(4) Assessment by secretary.--In assessing the capability 
        of a State safety oversight agency to conduct inspections as 
        required under paragraph (1), the Secretary shall ensure that--
                    ``(A) the inspection practices of the State safety 
                oversight agency are commensurate with the number, 
                size, and complexity of the rail fixed guideway public 
                transportation systems that the State safety oversight 
                agency oversees;
                    ``(B) the inspection program of the State safety 
                oversight agency is risk-based; and
                    ``(C) the State safety oversight agency has 
                sufficient resources to conduct the inspections.
            ``(5) Special directive.--The Secretary shall issue a 
        special directive to each State safety oversight agency on the 
        development and implementation of risk-based inspection 
        programs under this subsection.
            ``(6) Enforcement.--The Secretary may use any authority 
        under this section, including any enforcement action authorized 
        under subsection (g), to ensure the compliance of a State 
        safety oversight agency or State safety oversight program with 
        this subsection.''.
    (b) Deadline; Effective Date.--
            (1) Special directive on risk-based inspection programs.--
        Not later than 1 year after the date of enactment of this Act, 
        the Secretary of Transportation shall issue each special 
        directive required under section 5329(l)(5) of title 49, United 
        States Code, as added by subsection (a).
            (2) Inspection requirements.--Section 5329(l) of title 49, 
        United States Code, as added by subsection (a), shall apply 
        with respect to a State safety oversight agency on and after 
        the date that is 2 years after the date on which the Secretary 
        issues the special directive to the State safety oversight 
        agency under paragraph (5) of such section 5329(l).
    (c) No Effect on Initial Certification Process.--Nothing in this 
section or the amendments made by this section shall be construed to 
affect the requirements for initial approval of a State safety 
oversight program, including the initial deadline, under section 
5329(e)(3) of title 49, United States Code, as in effect on the day 
before the date of enactment of this Act.

SEC. 3. FUNDING FOR STATE SAFETY OVERSIGHT PROGRAM GRANTS.

    (a) In General.--Section 5336(h)(4) of title 49, United States 
Code, is amended by striking ``0.5 percent'' and inserting ``0.75 
percent''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply with respect to fiscal year 2020 and each fiscal year thereafter.

            Passed the Senate September 25, 2018.

            Attest:

                                                             Secretary.
115th CONGRESS

  2d Session

                                S. 3139

_______________________________________________________________________

                                 AN ACT

     To require State safety oversight agencies to conduct safety 
 inspections of public transportation systems that provide rail fixed 
     guideway public transportation and to direct the Secretary of 
   Transportation to develop risk-based inspection guidance for such 
                   agencies, and for other purposes.