[Congressional Record Volume 156, Number 22 (Monday, February 22, 2010)]
[Senate]
[Pages S622-S624]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. DODD (for himself, Mr. Menendez, Ms. Mikulski, and Mr.
Cardin):
S. 3015. A bill to amend chapter 53 of title 49, United States Code,
to establish a public transportation safety program, and for other
purposes; to the Committee on Banking, Housing, and Urban Affairs.
Mr. DODD. Mr. President, I rise today to introduce, at the request of
the administration and on behalf of my fellow original cosponsors
Senator Menendez, Senator Mikulski, and Senator Cardin, the Public
Transportation Safety Program Act of 2010. This legislation is designed
to provide the Federal Transit Administration with the proper funding
and rulemaking, examination, and enforcement authority to improve the
safety of our nation's transit systems.
The issue of improving transit safety is a bipartisan issue, on which
I think all Members can come to agreement. While this proposal from the
administration is a good and appropriate first step in the Federal
Government's efforts to improve transit safety, I look forward to
working with my cosponsors and all of my colleagues on the Senate
Banking Committee to make the final bill, which will emerge from the
Senate Banking Committee, the strongest legislation possible for
ensuring the safety of our nation's transit systems.
Transit is among the safest modes of transportation. Between 1998 and
2007, incidents on public transportation rail systems fell by half.
But in light of a recent series of high-profile accidents, Americans
have grown concerned, and rightfully so. As our Nation's transit
systems age, it is becoming increasingly clear that it is time for the
Federal government to take a more direct role in their oversight.
Currently, the Federal Transit Administration has limited authority
to implement and enforce national transit safety standards and we have
gone without a proper national transit safety program for far too long.
Having been handed an unfunded mandate, States have been forced to
scrape by with State Safety Oversight boards. Many of these boards lack
authority, expertise, a dedicated budget or even full-time employees to
monitor safety.
This is unacceptable. This ad hoc approach to transit safety
oversight must be replaced with better oversight and clear national
transit safety standards. Congress should provide the FTA with the
authority and the resources to bring consistency and Federal leadership
to our transit safety system. It is our duty to ensure that accidents
like those that occurred in 2009 are prevented.
I commend the Administration, particularly Secretary LaHood and
administrator Rogoff, for taking a leadership role on this very
important issue and sending the proposed legislation to Congress. This
proposal is a good start, and I look forward to discussing it with my
colleagues.
The Obama administration has indicated its commitment to improving
transit safety. It is time for us to do the same.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3015
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:
[[Page S623]]
``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 (Public Law 110-432; 122 Stat. 4848).
``(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 the safe operation of rail
fixed guideway public transportation systems, after
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:
[[Page S624]]
``(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, United States Code.
``(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, United States Code, 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, United States Code, 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, United
States Code. 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, United States Code.
``(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 1413 of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C.
1142) 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 section 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, United States Code; 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;
(2) by inserting after subsection (d) the following:
``(e) Safety Program.--There are 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)(I) 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 before subparagraph (B), as so
redesignated, the following:
``(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.
____________________