[Congressional Record Volume 164, Number 158 (Tuesday, September 25, 2018)]
[Senate]
[Pages S6310-S6311]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             TRANSIT RAIL INSPECTION PRACTICES ACT OF 2018

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
Committee on Banking, Housing, and Urban Affairs be discharged from 
further consideration of S. 3139 and the Senate proceed to its 
immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 3139) 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.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. McCONNELL. I ask unanimous consent that the bill be considered 
read a third time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  Mr. McCONNELL. I know of no further debate on the bill.
  The PRESIDING OFFICER. If there is no further debate, the bill having 
been read the third time, the question is, Shall the bill pass?
  The bill (S. 3139) was passed, as follows:

                                S. 3139

       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.

[[Page S6311]]

       ``(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.

  Mr. McCONNELL. I ask unanimous consent that the motion to reconsider 
be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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