[Congressional Record Volume 156, Number 22 (Monday, February 22, 2010)]
[Extensions of Remarks]
[Pages E193-E194]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          THE PUBLIC TRANSPORTATION SAFETY PROGRAM ACT OF 2010

                                 ______
                                 

                         HON. JAMES L. OBERSTAR

                              of minnesota

                    in the house of representatives

                       Monday, February 22, 2010

  Mr. OBERSTAR. Madam Speaker, together with Highways and Transit 
Subcommittee Chairman Peter A. DeFazio and the gentlewoman from 
Maryland (Ms. Edwards), I rise today to introduce the ``Public 
Transportation Safety Program Act of 2010'', by request of Secretary of 
Transportation Raymond H. LaHood. I commend the Department of 
Transportation (DOT) for focusing its first legislative proposal on 
improving transit safety, and I am pleased to work together with 
Secretary LaHood and Federal Transit Administrator Peter M. Rogoff on 
this important initiative.
  Currently, public transportation remains one of the safest modes of 
passenger travel. In recent years, the fatality rate for rail transit 
systems--such as subways and light rail--has decreased to just .002 
fatalities per 100 million passenger miles. This is one of the lowest 
fatality rates of all surface transportation modes. At the same time, 
Americans are riding transit at record levels. The growth in transit 
ridership is almost triple the growth rate of the population, and 
substantially more than the growth rate for vehicle miles traveled on 
our nation's highways. This public transportation renaissance taking 
place in cities large and small across America further elevates the 
importance of transit safety, while also spotlighting an issue that is 
inextricably linked to safety--the state of good repair of public 
transit systems.
  Unfortunately, the state of good repair of many transit systems has 
not kept up with the influx of new riders. Maintenance levels at many 
public transit agencies have decreased to a point where older, less 
safe rail cars, tracks, electrical equipment, and other assets are left 
in service long after their useful life. According to the Federal 
Transit Administration (FTA), more than one-third of the total assets 
of the largest rail systems in the country are in either marginal or 
poor condition, and the estimated maintenance backlog for the nation's 
rail transit systems exceeds $80 billion. According to DOT's 2008 
Status of the Nation's Highways, Bridges, and Transit: Conditions and 
Performance, an average of $21.1 billion in annual capital investment 
is needed to bring all transit assets to a good condition by 2026. This 
level of investment represents an annual increase of $8.3 billion--an 
increase of 64.8 percent--above current capital investment levels.
  In addition to addressing this maintenance backlog, the Federal 
Transit Administration

[[Page E194]]

should strengthen its role in rail transit safety oversight. Currently, 
there are no nationwide mandatory minimum standards for rail transit 
safety. Unlike the Federal Aviation Administration and the Federal 
Railroad Administration, the Federal Transit Administration does not 
have the authority to directly regulate public transit systems. 
Instead, FTA oversees a State Safety Oversight (SSO) program which puts 
the safety oversight and enforcement responsibility for rail transit 
systems on States rather than the Federal Government. However, the 
legal authorities of the various state oversight agencies are limited 
and vary widely from State to State. According to a Government 
Accountability Office (GAO) report in 2006, some States employ as few 
as 0.1 or 0.2 full-time equivalent positions dedicated to the safety of 
rail transit systems they are required to oversee. GAO also found that 
many SSOs lack sufficient financial resources and independence from the 
transit systems under their purview. The relationship between the 
Federal Government and States is a partnership, and a culture of safety 
must permeate this relationship, including at the Federal level. As in 
all partnerships, when one partner does not do his or her job well, the 
other must step in to help achieve their shared goals.
  I commend the Obama administration for acknowledging the shortfalls 
of the current state-based safety system and I believe that the 
Department's proposal represents much needed improvements. It will 
assure that each State has an adequate number of fully-trained staff, 
that it has sufficient authority granted by the state legislature and 
governor, that it can compel compliance by the transit agencies, and 
that the state oversight entity has financial independence from the 
transit systems it oversees. I think those are reasonable propositions. 
Safety is our number one responsibility in transportation.
  I would also like to applaud Secretary Ray LaHood for his leadership 
on this critical safety issue, and for directing DOT to take intermodal 
initiatives to enhance transit safety. This is a nonpartisan issue--
protecting human life from injury or death. I appreciate the 
Secretary's decision to create a new, internal safety council designed 
to enhance the culture of safety at the Department. At a very basic 
level, we need to ensure that passengers feel completely safe as they 
board rail transit systems, as ensuring safety is a key component of 
creating livable communities, which is a goal that both Secretary 
LaHood and I share.
  I look forward to working with the Department of Transportation on 
this proposal during consideration of the comprehensive, long-term 
surface transportation authorization bill. Improving transportation 
safety across all modes is a core principle of the ``Surface 
Transportation Authorization Act'', and I look forward to working with 
the Administration to further strengthen its transit safety provisions.

                          ____________________