[Senate Report 111-232]
[From the U.S. Government Publishing Office]
Calendar No. 480
111th Congress Report
SENATE
2d Session 111-232
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PUBLIC TRANSPORTATION SAFETY ACT OF 2010
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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.
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\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).
----------------------------------------------------------------------------------------------------------------
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
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By fiscal year, in millions of dollars--
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2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2010-2015 2010-2020
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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
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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.