[Senate Report 111-232]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 480
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-232

======================================================================



 
                PUBLIC TRANSPORTATION SAFETY ACT OF 2010

                                _______
                                

                 July 26, 2010.--Ordered to be printed

                                _______
                                

  Mr. Dodd, from the Committee on Banking, Housing and Urban Affairs, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 3638]

    The Committee on Banking, Housing and Urban Affairs, having 
had under consideration an original bill (S. 3638) to establish 
a national safety plan for public transportation, and for other 
purposes, having considered the same, reports favorably thereon 
and recommends that the bill do pass.

                            I. INTRODUCTION

    On June 29, 2010, the Senate Committee on Banking, Housing 
and Urban Affairs met in executive session and considered an 
original bill, entitled the ``Public Transportation Safety Act 
of 2010,'' a bill to improve the safety of public 
transportation systems, and for other purposes. The Committee 
voted by voice vote to favorably report the bill to the Senate.

                              II. PURPOSE

    The Public Transportation Safety Act of 2010 establishes a 
comprehensive framework for public transportation safety by 
improving state and federal oversight, requiring the Federal 
Transit Administration to develop a national safety plan, 
requiring local public transportation agencies to develop 
agency safety plans, providing the Federal Transit 
Administration with new enforcement authority, and requiring 
the implementation of a monitoring system for the safety and 
condition of the nation's public transportation assets.

                   III. HEARING RECORD AND WITNESSES

    On December 10, 2009, the Subcommittee on Housing, 
Transportation and Community Development held a hearing 
entitled, ``Examining the Federal Role in Overseeing the Safety 
of Public Transportation Systems.'' At that hearing the 
Subcommittee heard testimony from Barbara Mikulski, United 
States Senator; Ray LaHood, Secretary, U.S. Department of 
Transportation; John B. Catoe, Jr., General Manager, Washington 
Metropolitan Area Transit Authority; David Wise, Director of 
the Physical Infrastructure Team, U.S. Government 
Accountability Office; Brian Cristy, Director of Transportation 
Oversight Division, Massachusetts Department of Public 
Utilities; and William W. Millar, President, American Public 
Transportation Association.

                IV. BACKGROUND AND NEED FOR LEGISLATION

    Since 1964 the Federal Transit Administration has been 
prohibited from regulating ``. . . in any manner the mode of 
operation of any mass transportation system . . .''\1\ Over the 
past 30 years, Congress has gradually increased FTA's ability 
to ensure that public transportation operators are providing 
transportation in a safe manner but has never repealed the 
statutory prohibition that precludes FTA from directly 
regulating safety.
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    \1\Pub. L. 88-365, Sec. 9, 78 Stat. 307 (1964).
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    Nationwide, public transportation is considered one of the 
safest modes of transportation. Every weekday millions of 
people board transit vehicles in the United States. Between 
2002 and 2008, rail fixed guideway public transportation 
systems not overseen by the Federal Railroad Administration 
experienced 0.01 fatalities and 1.30 injuries per 100 million 
passenger miles, and public transportation bus experienced 0.05 
fatalities and 16.34 injuries per 100 million miles.\2\ This 
compares with 1.42 fatalities and 61.40 injuries for motor 
vehicles, 0.03 fatalities and 8.66 injuries for intercity rail, 
and 0.06 fatalities and 4.38 injuries for commuter rail, all 
measured per 100 million passenger miles.\3\ Despite the 
historically safe record of rail fixed guideway public 
transportation, five high profile accidents occurred in 2009 in 
Boston, Washington, DC, and San Francisco, causing 9 fatalities 
and 166 injuries. As a result of these accidents, there has 
been increased attention to and scrutiny of the safety of 
public transportation and the authority of the Federal Transit 
Administration to provide safety oversight. Some of these 
accidents occurred as a result of operational mistakes, while 
others were due to equipment malfunctions, and FTA does not 
have the authority to address either of these issues under 
current law.
---------------------------------------------------------------------------
    \2\Source: Federal Trade Administration.
    \3\Source: Federal Trade Administration.
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    The Committee believes it is necessary to revise the 
current transit safety regime, to include more authority for 
FTA as well as better and more consistent oversight by State 
safety oversight agencies.

GAO concerns with the SSO Program

    In its 2006 review of the State safety oversight program, 
the Government Accountability Office (GAO) found significant 
room for improvement of the program.\4\ The GAO's key 
observations were:
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    \4\Rail Transit: Additional Federal Leadership Would Enhance FTA's 
State Safety Oversight Program. GAO-06-821, July 2006.
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    1. State safety oversight agencies lack expertise, staff 
resources, and funding to carry out their duties.
    2. FTA and State safety oversight agencies need additional 
enforcement authority.
    3. More clarity is needed on how the State safety oversight 
program handles oversight of rail fixed guideway public 
transportation agencies operating in more than one state.

Transit conditions and investment needs

    The condition of transit systems plays an important role in 
ensuring the safety of both passengers and operators. The 
National Transportation Safety Board has stated that in some of 
the accidents they have investigated they found the 
infrastructure was in poor condition. In other accidents, the 
rail cars that make up the train were old and therefore, not as 
crashworthy as newer models.
    In April, 2009, FTA published a Rail Modernization Study, 
in which FTA assessed the level of capital investment required 
to attain a state of good repair for the seven largest rail 
transit operators in the United States. These agencies are not 
only the largest, but also some of the oldest rail systems. FTA 
found that 35 percent of the assets owned by these agencies 
were in poor or marginal condition, compared with less than 20 
percent in the nation as a whole (excluding the seven study 
agencies).
    FTA has reported that the seven largest rail fixed guideway 
systems alone have a backlog of state of good repair needs 
totaling more than $50 billion, and the public transportation 
industry as a whole has a backlog totaling nearly $80 billion.

                     V. SECTION-BY-SECTION ANALYSIS

    Section 1. Short title. This section provides the Short 
Title of the bill, ``Public Transportation Safety Act of 
2010''.
    Section 2. Findings and purposes. This section provides the 
findings and purposes of the Act.
    Section 3. Public transportation safety. This section 
establishes a public transportation safety program by amending 
section 5329 of title 49, United States Code.
    Subsection (a) defines ``recipient'' as a State or local 
governmental authority, or any other operator of a public 
transportation system that receives financial assistance under 
chapter 53 of title 49, United States Code. This includes 
public and private operators of public transportation systems, 
including direct recipients, subrecipients, and contractors.
    Subsection (b) requires the Secretary of Transportation to 
establish a National Public Transportation Safety Plan 
(``National Safety Plan'') to improve the safety of public 
transportation systems. As part of the National Safety Plan, 
the Secretary is required to develop safety performance 
criteria for all modes of public transportation, define a state 
of good repair, and establish a public transportation safety 
certification training program. Further, the Secretary is 
required to establish minimum performance standards for public 
transportation vehicles, taking into consideration, to the 
extent practicable, recommendations of the National 
Transportation Safety Board (NTSB), as well as recommendations 
and best practices standards developed by the public 
transportation industry.
    The NTSB is an independent federal agency that promotes 
transportation safety and investigates transportation 
accidents. Upon completion of an accident investigation or 
safety study, NTSB develops safety recommendations to mitigate 
or remove conditions that may have contributed or might 
contribute to an accident. The Committee recognizes that these 
safety recommendations do not undergo a cost-benefit analysis 
and as such do not reflect the budgetary realities of the 
public transportation systems that are charged with responding 
to NTSB safety recommendations. Subsection (h) of section 5329 
requires the Secretary to consider costs and benefits before 
taking any action under section 5329. Therefore, in considering 
NTSB safety recommendations for the development and 
implementation of performance standards, the Secretary should 
do so to the extent practicable, taking into consideration the 
costs and benefits of developing and implementing such 
recommendations.
    The Committee expects that the National Safety Plan will be 
developed with input and participation of those impacted by the 
new requirements. The Committee anticipates that, in addition 
to this initial participation, any new proposals will include a 
notice and comment process that permits the transit industry to 
express its views before any amendments are adopted.
    The Committee recognizes that developing safety performance 
criteria and performance standards will be a time-consuming 
process. The Committee's intent is that rail fixed guideway 
systems should be the priority in preparing a National Safety 
Plan. While the Committee has provided the Secretary authority 
to develop and enforce safety standards and performance 
criteria, including for operations, for all modes of public 
transportation, it has devoted a significant amount of 
attention and oversight to rail fixed guideway systems, which 
the Committee believes require the most immediate attention. 
Public transportation is one of the safest modes of 
transportation available, and the Committee does not intend for 
this legislation to result in a replication of the FRA 
regulatory model, with highly specific and prescriptive 
regulations related to public transportation safety. The 
Committee expects the Secretary to take a measured approach in 
developing regulations to implement this Act.
    To meet the need for safety oversight expertise, subsection 
(c) requires the Secretary to establish a public transportation 
safety certification training program. Reports from the 
Government Accountability Office indicate that safety oversight 
staff qualifications and training vary greatly across the 
United States. Employees and contractors of State safety 
oversight agencies (SSOAs), and Federal employees who provide 
safety oversight for rail fixed guideway public transportation 
systems and conduct safety audits and examinations of public 
transportation systems will be required to complete this 
training.
    The initial public transportation safety certification 
program should focus on safety oversight of rail fixed guideway 
systems, and the Secretary should prioritize the training for 
State safety oversight personnel, as well as rail fixed 
guideway public transportation employees responsible for safety 
oversight. Once the training program for oversight of rail 
fixed guideway is established, the Secretary may develop the 
training program to include other modes of public 
transportation. Public transportation agency personnel 
responsible for safety oversight may participate in the same 
training as State safety oversight personnel, in order to 
ensure that they are provided the same information as the 
personnel responsible for their oversight. Thissubsection 
requires the Secretary to establish interim provisions for the training 
and certification of personnel between the time the Act is enacted and 
a final rule is issued.
    The Committee strongly encourages FTA to make efficient and 
effective use of the existing training and curriculum 
development institutions at its disposal in developing and 
implementing the program described in subsection (c). DOT- and 
FTA-sponsored entities offer numerous options for the 
development and facilitation of a robust training program.
    Subsection (d) requires recipients to develop and implement 
a Public Transportation Agency Safety Plan (``Agency Safety 
Plan''). Each recipient will self-certify that it has developed 
this comprehensive Agency Safety Plan, and FTA will incorporate 
review of these plans into triennial reviews. The Agency Safety 
Plan must include identification and evaluation of risks, 
strategies to minimize exposure to hazards, and a process and 
timeline for conducting an annual review and update of the 
Agency Safety Plan. The Committee expects the Agency Safety 
Plan and any updates to the plan will be developed 
collaboratively with employees at all levels of the 
organization, including safety personnel, supervisors, 
operators, the labor organization representing the plurality of 
employees, and others. The recipient's board of directors will 
be required to approve the Agency Safety Plan and any updates 
to the plan. This requirement will take effect one year after 
the effective date of a final rule implementing subsection (d) 
issued by the Secretary, thus allowing recipients time to 
develop Agency Safety Plans that are compliant with the 
statute.
    The legislation requires that each recipient designate an 
adequately trained safety officer with direct reporting 
authority to the general manager or equivalent officer of the 
recipient for his/her safety-related duties. The Committee 
heard testimony at the December 10, 2009, hearing that a direct 
reporting requirement to the general manager or equivalent 
officer is an essential element for every recipient. The 
Committee has also heard, informally, accounts of safety 
concerns being ignored when safety officers did not have a 
direct line of communication to the head of the agency. This 
direct reporting requirement is designed to reduce the 
likelihood of such events in the future.
    Since no two public transportation systems are alike, the 
Committee does not intend that regulations implementing this 
subsection should be ``one size fits all.'' On the contrary, 
regulations should take into account, at a minimum, the 
differences in fleet size, ridership, number of personnel, and 
operating environments of recipients. The Committee recognizes 
that rail fixed guideway public transportation agencies are 
currently required to develop comprehensive safety and security 
plans pursuant to part 659 of title 49, Code of Federal 
Regulations; also known as a Part 659 plan. It is the 
Committee's expectation that these plans remain in place until 
such time as FTA issues regulations establishing the contents 
of the Agency Safety Plans. It is also the Committee's 
expectation that rail fixed guideway public transportation 
agencies not be required to have both a Part 659 plan and an 
Agency Safety Plan.
    The goal of subsection (d) is to ensure that all recipients 
have in place an Agency Safety Plan, not to further increase 
the paperwork burden on these agencies. Incorporating the 
requirements of the existing Part 659 plans with the 
requirements of this legislation will ensure that recipients 
with rail fixed guideway systems are not duplicating their 
efforts to meet differing requirements.
    The safety training program identified in subsection (d) is 
different from the training program identified in subsection 
(c). The training provision in subsection (d) requires every 
recipient to develop a safety training program for its 
personnel as well as ongoing safety training and education. 
While many recipients provide safety training for their 
personnel, the goal of the requirement is to ensure that 
initial and ongoing training are built in to the overall Agency 
Safety Plan of every recipient. The Committee encourages FTA to 
work with the industry and utilize, to the greatest extent 
possible, existing facilities and resources that may be able to 
assist in the development of a general safety training 
curriculum to address these needs.
    Subsection (e) establishes the State safety oversight 
program for States that have rail fixed guideway systems within 
the jurisdiction of the State that are not subject to the 
Federal Railroad Administration's regulations. Rail fixed 
guideway systems include heavy rail, light rail, cable cars, 
inclined planes, monorails, and automated guideways.
    States subject to this subsection are required to submit an 
appropriate State safety oversight program to the Secretary for 
approval, effective three years after the effective date of a 
State safety oversight final rule issued by FTA or risk losing 
certain Federal assistance. Once this subsection becomes 
effective, if a State subject to this subsection does not have 
an adequate State safety oversight program in place, the State 
will not be able to obligate Federal financial assistance funds 
otherwise available to it under chapter 53 of title 49, United 
States Code. The legislation requires States to assume 
responsibility for oversight of rail fixed guideway public 
transportation safety; enforce Federal law for rail fixed 
guideway public transportation safety; and establish a State 
safety oversight agency (SSOA). The State, in consultation with 
the Secretary, will determine the appropriate staffing levels 
for the SSOA, and staff engaged in auditing rail fixed guideway 
public transportation systems will be required to complete the 
public transportation safety certification training developed 
by the Secretary under subsection (c). A State's safety 
oversight program must prohibit public transportation agencies 
from providing funds to the SSOA.
    State safety oversight agencies are required to be 
independent legal entities that are financially and legally 
separated from the public transportation agencies for which the 
SSOA provides oversight. SSOAs are prohibited from funding, 
promoting, or providing public transportation services and may 
not employ any individual who is responsible for the 
administration of public transportation programs. This does not 
mean that an SSOA cannot be physically housed within a State 
DOT; it simply means the SSOA must be an entity that is 
separate and distinct from the State DOT. The purpose of these 
provisions is to prevent a conflict of interest between the 
SSOA and the rail fixed guideway public transportation agencies 
the SSOA oversees. A State or local government may provide 
matching funds to the SSOA, provided the funds are not revenues 
derived from a public transportation agency, and also provide 
matching operating or capital funds to a rail fixed guideway 
public transportation agency.
    A State may request a waiver from the requirement that its 
SSOA be an independent legal entity, and from the prohibition 
against funding, promoting or providing public transportation 
services, if the rail fixed guideway systems in revenue 
service, design or construction in the State have fewer than 1 
million combined actual and projected revenue miles per year or 
provide fewer than10 million combined actual and projected 
unlinked passenger trips per year. ``Projected'' revenue miles and 
passenger trips refer to systems in design or construction, and the 
projected revenue miles or passenger trips for the first year of 
revenue operations. This provision permits States with small rail fixed 
guideway systems to establish an SSOA within an existing State DOT or 
equivalent agency, as long as State safety oversight personnel do not 
also administer public transportation programs. In the event a State 
shares jurisdiction of a rail fixed guideway public transportation 
system with one or more other States, and also has one or more smaller 
systems that are not shared with another State, the vehicle revenue 
miles and the unlinked passenger trips of the rail fixed guideway 
system under the shared jurisdiction does not count in making the 
determination as to whether a waiver might apply. This is because the 
States sharing jurisdiction of a system must jointly develop a State 
safety oversight program or designate an entity to provide safety 
oversight of that system.
    States that receive a waiver may experience growth in their 
vehicle revenue miles and unlinked passenger trips such that 
the State no longer qualifies for the waiver provision. In that 
situation, the Committee expects the Secretary to provide 
adequate notice and opportunity for the State to establish an 
independent SSOA that will meet all the requirements of this 
subsection.
    SSOAs must have the authority to oversee and enforce 
implementation of FTA's State safety oversight rules. SSOAs 
must also have investigative and enforcement authority with 
respect to the safety of rail public transportation systems 
within the State. SSOAs are required to audit rail fixed 
guideway public transportation systems over which they have 
jurisdiction at least triennially, and are required to provide 
annual reports to FTA, the Governor of the State, and the board 
of directors of any rail fixed guideway public transportation 
agency for which it provides oversight.
    States that share jurisdiction over a rail fixed guideway 
public transportation agency with one or more other States must 
work jointly with the other State(s) to develop a State safety 
oversight program or jointly designate an entity to provide 
safety oversight of the rail fixed guideway public 
transportation agency that serves multiple states.
    The Secretary will approve a State safety oversight program 
if it meets the requirements of subsection (e) and implementing 
regulations and is adequate to promote the purposes of section 
5329. If the Secretary does not approve the program, the State 
will have the opportunity to modify and resubmit its program 
for approval.
    The Secretary may make grants to a State that submits a 
proposal to establish a State safety oversight program for the 
review and written approval of the Secretary, and submits 
amendments for approval at least 60 days before such amendments 
become effective. If the Secretary does not respond within 60 
days to a submitted amendment, the amendment will be deemed to 
be approved. Upon approval of a State safety oversight program, 
a Federal grant will be for 80 percent of the reasonable costs 
of the program. A State may supplement the staffing approved by 
the Secretary as long as the supplemental staffing is funded 
with State or local dollars. The non-Federal share cannot be 
met by any other Federal funds or any funds received from a 
public transportation agency, including farebox revenue. The 
Secretary may provide 100% federal share for SSOA staff to 
participate in the public transportation safety certification 
training program described in subsection (c).
    If the Secretary finds the State safety oversight program 
is not being carried out in accordance with section 5329 or has 
become inadequate to ensure the enforcement of safety 
regulations, the Secretary is required to provide notification 
to the State of his intent to withhold funds or withdraw 
approval of the program. The State must be given a reasonable 
amount of time to correct the deficiency and submit an updated 
proposal to the Secretary for approval. If the State is unable 
to correct the problem, the Secretary will notify the State of 
the withholding of funds or withdrawal of approval. In the 
event the Secretary withdraws approval, the Secretary will have 
responsibility for providing temporary safety oversight for the 
rail fixed guideway systems of that State until such time as 
the State's program is approved by the Secretary. During the 
time the Secretary provides oversight of the State's rail fixed 
guideway systems, the State will not be permitted to obligate 
any funds otherwise available to it under chapter 53 of title 
49, United States Code.
    The Secretary has the authority to oversee the activities 
of State safety oversight agencies, audit their operations at 
least once triennially, and issue regulations to carry out the 
State safety oversight program.
    Subsection (f) provides the Secretary with the authority to 
inspect and audit all public transportation systems; to make 
reports and issue directives with respect to the safety of 
public transportation systems; to issue subpoenas and take 
depositions; to require the production of documents; to 
prescribe recordkeeping and reporting requirements; to 
investigate public transportation accidents and incidents; to 
enter and inspect equipment, rolling stock, operations and 
relevant records; and to issue regulations to carry out section 
5329. The Committee has provided the Secretary with all the 
tools necessary to implement this section, and anticipates 
these tools will be used judiciously to ensure the safety of 
rail fixed guideway public transportation systems. As part of 
Congress' intent to comprehensively regulate the safety of 
public transportation systems, the Committee has also provided 
the Secretary with the authority to enter the premises of 
public transportation agencies and SSOAs, since such 
inspections are integral to the goals of this legislation. The 
Committee expects the Secretary to issue regulations that 
define ``reasonable time'' and ``reasonable manner'' for the 
purpose of entering and inspecting equipment, facilities, 
rolling stock, operations and relevant records.
    Subsection (g) permits the Secretary to take enforcement 
actions against recipients that are noncompliant with Federal 
transit safety law. The Secretary is permitted to issue 
directives, require more frequent oversight, impose more 
frequent reporting requirements, require that formula grant 
funds be spent to correct safety deficiencies before funds are 
spent on other projects, withdraw funds from a recipient, and 
impose civil penalties. Imposing conditions on grants, 
withholding funds and imposing civil penalties are for the most 
egregious violators of Federal transit safety law. Recipients 
will be given the opportunity to correct violations before 
these penalties are imposed. In addition, the Committee has 
provided SSOAs the authority to request the Secretary use these 
enforcement tools in the event the SSOA determines such tools 
are necessary to compel compliance of the rail fixed guideway 
systems they oversee. Funds withheld from a recipient may be 
restored if the agency becomes compliant within one fiscalyear 
from the date the funds were withheld. The Secretary is permitted to 
impose civil penalties only when all other methods of enforcement have 
failed, unless it is in the public interest to waive this requirement. 
The Secretary is required to notify the Committee on Banking, Housing 
and Urban Affairs of the U.S. Senate and the Transportation and 
Infrastructure Committee of the House of Representatives prior to 
withdrawing funds or imposing civil penalties.
    The Committee did not include provisions duplicative of 
other Federal laws in the Public Transportation Safety Act of 
2010. The Secretary has additional enforcement provisions at 
his disposal through numerous other Federal laws, including, 
for example, the Administrative Procedure Act, which permits 
the Secretary to issue emergency regulations; and 18 U.S.C. 
1001, which provides criminal penalties for anyone making a 
false statement to the U.S. Government. Further, chapter 7 of 
title 5, United States Code, permits a State or recipient to 
seek judicial review of an action by the Secretary. The absence 
in the Public Transportation Safety Act of 2010 of a particular 
remedy that is found elsewhere in Federal law should not be 
taken to mean that the remedy does not apply, if it applies 
generally or specifically through other Federal law.
    Subsection (h) requires the Secretary to consider the costs 
and benefits before taking any action under section 5329. This 
requirement may be waived if the Secretary determines a waiver 
is in the public interest. The Committee has not defined 
``public interest'' in this context or with respect to the 
waiver regarding civil penalties, in an effort to ensure the 
Secretary has the flexibility necessary to ensure the safety of 
public transportation passengers. Nevertheless, the Committee 
strongly believes that any use of the waiver authority should 
be used judiciously and with a robust explanation regarding the 
``public interest'' that is at stake.
    Subsection (i) provides that the Secretary of Homeland 
Security must consult with the Secretary of Transportation 
prior to issuing a regulation that the Secretary of 
Transportation determines affects the safety of public 
transportation systems. In the event there is a conflict, the 
Committee expects the Secretaries will collaborate to find a 
mutually satisfactory solution.
    Subsection (j) provides that to the extent possible, there 
should be national uniformity with regard to public 
transportation safety laws, regulations and orders. States are 
permitted to keep in place a consistent, additional or more 
stringent law related to the safety of public transportation, 
as long as the law has a safety benefit, is not incompatible 
with a law, regulation, or order, or the terms and conditions 
of a grant agreement, of the U.S. Government, and does not 
unreasonably burden interstate commerce. Laws implemented by a 
State to establish its State safety oversight program will not 
be preempted by Federal law as long as such laws are consistent 
with Federal law.
    Subsection (k) requires the Secretary to report annually to 
the Committee on Banking, Housing and Urban Affairs of the U.S. 
Senate and the Transportation and Infrastructure Committee of 
the House of Representatives on public transportation safety 
trends and the effectiveness of State safety oversight 
programs.
    Two GAO reports are required: one due two years after 
enactment of the Public Transportation Safety Act of 2010, and 
the second due one year after section 5330 of title 49, United 
States Code, is repealed.

Section 4. Transit asset management

    This section establishes a transit asset management program 
in section 5326, title 49, United States Code. FTA has reported 
that the public transportation industry as a whole has a 
backlog of repair needs totaling nearly $80 billion. It is the 
Committee's belief that state of good repair directly relates 
to the safety of a public transportation system, as the 
likelihood of accidents increases as the condition of equipment 
and infrastructure worsens. The Secretary is required to 
establish a transit asset management system, defined as a 
strategic and systematic process of operating, maintaining, and 
improving public transportation capital assets effectively 
through the life cycle of those assets. The transit asset 
management system will include a definition of state of good 
repair; a requirement that public transportation systems 
develop capital asset inventories and condition assessments; a 
requirement that recipients report on the condition of their 
transit system and provide a description of the change in 
condition since the last report; a process or tool that allows 
recipients to estimate their capital investment needs over time 
and assists with asset investment prioritization; and technical 
assistance to recipients. It is not the Committee's intent that 
the information provided from the transit asset management 
program be used by FTA to micromanage daily operations or 
capital expenditures of individual public transportation 
systems. The Secretary must issue a notice of proposed 
rulemaking not later than 240 days after the date of enactment 
of the Public Transportation Safety Act of 2010, and must issue 
a final rule within a reasonable amount of time.
    The legislation authorizes $2 million per year for FY 2011, 
2012, and 2013, for the Secretary to develop a model transit 
asset management system tool that can be disseminated and 
utilized by public transportation systems, with adjustments to 
tailor the tool to each system as necessary. It is not the 
Committee's intent that every public transportation system will 
develop its own unique transit asset management system. Rather, 
it is the goal of the Committee that FTA work with the industry 
to maximize efficiencies and develop a comprehensive tool to be 
used by the industry as a whole.

Section 5. National transit database

    This section amends the reporting requirements in section 
5335 of title 49, United States Code. Recipients of Federal 
financial assistance under chapter 53 are required to report 
the causes of reportable incidents, as well as their transit 
asset inventories and condition assessments. Reporting of 
transit asset inventories and conditions is not required until 
two years after the effective date of regulations issued under 
section 5326. This section also amends section 308(e) of title 
49, United States Code, to require the Secretary to use the 
inventory and assessment information in its biannual report to 
Congress.

Section 6. Additional safety provisions

    This section establishes the Office of Safety and Security 
within the Federal Transit Administration, to be lead by an 
Associate Administrator of Safety and Security.
    This section amends section 5334 of title 49, United States 
Code, to permit the Secretary to issue safety regulations.
    Section 5307(d)(1) of title 49, United States Code, is 
amended effective one year after the effective date of a final 
rule issued under section 5329(d), as amended by the Act, to 
require recipients to certify that they have developed a public 
transportation agency safety plan, and to link the 
certification to FTA's triennial review process.
    Section 5331(b)(2) of title 49, United States Code, 
``Alcohol and Controlled Substances Testing,'' is amended to 
require the Secretary to establish and implement an enforcement 
program, including the imposition of penalties for failure to 
comply with FTA's alcohol and controlled substances testing 
program.
    This section repeals section 5330 of title 49, United 
States Code, ``State Safety Oversight,'' three years after the 
effective date of final regulations implementing section 
5329(e) of title 49, as amended by the Act.

                      VI. COMMITTEE CONSIDERATION

    The Committee on Banking, Housing and Urban Affairs met in 
executive session on June 29, 2010, and by a voice vote ordered 
the bill reported.

             VII. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

    Section 11(b) of the Standing Rules of the Senate, and 
Section 403 of the Congressional Budget Impoundment and Control 
Act, require that each committee report on a bill contain a 
statement estimating the costs of the proposed legislation. The 
Congressional Budget Office has provided the following cost 
estimate:
    The Public Transportation Safety Act of 2010 would 
authorize the Federal Transit Administration (FTA) to establish 
uniform safety standards for public transportation systems and 
would authorize appropriations for grants to certain states to 
implement those standards. Assuming appropriation of the 
specified amounts, CBO estimates that implementing the bill 
would cost $61 million over the 2011-2015 period.
    Pay-as-you-go procedures apply to this legislation because 
enacting it could affect revenues. The bill would allow the 
Department of Transportation (DOT) to impose civil penalties in 
certain situations where safety standards are violated; such 
collections are classified as revenues in the budget. Based on 
information from the FTA, however, CBO estimates that the new 
penalties would have no significant impact on the federal 
budget in any year.
    The bill would impose an intergovernmental mandate as 
defined in the Unfunded Mandates Reform Act (UMRA) by 
preempting state laws related to public transportation safety 
if those laws do not meet the minimum requirements of a uniform 
national standard. While that preemption would limit the 
application of state law, CBO estimates that it would impose no 
duty on state, local, or tribal governments that would result 
in additional spending. The legislation contains no new 
private-sector mandates.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of the Public Transportation Safety Act of 
2010 is shown in the following table. The costs of this 
legislation fall within budget function 400 (transportation).

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                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2011     2012     2013     2014     2015   2011-2015
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level.....................................       12       22       32        0        0        66
Estimated Outlays.......................................        8       17       26        8        2        61
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that the 
bill will be enacted in 2010 and that the amounts estimated to 
be necessary will be appropriated each year. Estimates of 
spending are based on historical spending patterns for similar 
programs.

Spending subject to appropriation

    The legislation would authorize appropriations for the FTA 
to establish uniform safety standards for public transportation 
systems nationwide and to make grants to states to implement 
those standards. The bill would consolidate all safety 
oversight for public transportation systems that operate on 
fixed routes under an Office of Safety and Security within the 
FTA. That office would be responsible for establishing and 
overseeing safety standards as implemented by state and local 
governments, training federal, state, and local employees 
regarding the new safety standards, and making grants to 
states. Based on information from the FTA, CBO estimates the 
FTA would ultimately need to hire about 30 full-time equivalent 
staff members. Assuming appropriation of the specified amounts, 
CBO estates that implementing this bill would cost about $61 
million over the 2011-2015 period.

Revenues

    The bill would allow DOT to impose civil penalties in 
certain situations where safety standards established by the 
FTA are violated. Such collections are deposited in the 
Treasury and classified as revenues in the budget. Based on 
information from the FTA, CBO estimates that the new penalties 
would have no significant impact on the federal budget.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays and revenues that are 
subject to those pay-as-you-go procedures are shown in the 
following table.

   CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR THE PUBLIC TRANSPORTATION SAFETY ACT OF 2010 AS ORDERED REPORTED BY THE SENATE COMMITTEE ON
                                                   BANKING, HOUSING AND URBAN AFFAIRS ON JUNE 29, 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    By fiscal year, in millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2010   2011   2012   2013   2014   2015   2016   2017   2018   2019   2020  2010-2015  2010-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT

Statutory Pay-As-You-Go Impact.......................      0      0      0      0      0      0      0      0      0      0      0         0          0
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Estimated impact on State, local, and tribal governments: 
The bill would impose an intergovernmental mandate as defined 
in UMRA by preempting state laws related to public 
transportation safety if those laws do not meet minimum 
requirements of a uniform national standard. While that 
preemption would limit the application of state law, CBO 
estimates that it would impose no duty on state, local, or 
tribal governments that would result in additional spending.
    Estimated impact on the private sector: The bill contains 
no new private-sector mandates.

                                  
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