Commuter Bill of Rights Act of 2010 - Establishes the Commuter Transit Rights Commission.
Requires the Commission to make recommendations to the Secretary of Transportation in the form of a Commuter Bill of Rights which includes: (1) a list of situations in which a provider of public transportation will implement its contingency plan during an emergency; (2) recommendations for minimum standards that a plan must meet, including the provision of food, water, restrooms, ventilation, and medical services, as well as the distribution of certain critical information to commuters on a disabled or delayed train or other transit vehicle; and (3) recommendations for federal regulations on commuter safety during emergencies.
Authorizes the Secretary to provide competitive grants to providers of public transportation to develop and implement contingency plans that fulfill the Bill of Rights.
Requires the Secretary to review the Bill of Rights and issue regulations to require providers of public transportation to comply with the Bill's recommended standards.
Requires the Secretary to use the Bill of Rights to develop related federal policies.
Authorizes the Secretary to assess penalties or sanctions against providers of public transportation who fail to submit, obtain approval of, or adhere to its contingency plan.
Requires the Secretary to establish a consumer hotline telephone number for public transportation complaints.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6064 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 6064
To provide certain rights to commuters who ride public transportation.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 30, 2010
Mr. Ruppersberger introduced the following bill; which was referred to
the Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To provide certain rights to commuters who ride public transportation.
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 ``Commuter Bill of Rights Act of
2010''.
SEC. 2. DEFINITIONS.
For purposes of this Act the following definitions apply:
(1) Eligible recipient.--The term ``eligible recipient''
means a provider of public transportation.
(2) Public transportation.--The term ``public
transportation'' means transportation by a conveyance that
provides regular and continuing general or special
transportation to the public, but does not include schoolbus,
charter, sightseeing, or intercity bus transportation or
intercity passenger rail transportation provided by the entity
described in chapter 243 (or a successor to such entity).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 3. COMMUTER TRANSIT RIGHTS COMMISSION.
(a) Establishment.--There is established an independent commission
to be known as the ``Commuter Transit Rights Commission'' (hereinafter
in this Act referred to as the ``Commission'').
(b) Duties of the Commission.--The duties of the Commission shall
be--
(1) to evaluate current Federal rules and regulations on
commuter safety in emergency situations that govern transit
providers;
(2) to evaluate contingency plans that transit providers
use across the United States and identify best practices; and
(3) to make recommendations to the Secretary of
Transportation (referred to in this Act as the ``Secretary'')
pursuant to subsection (h).
(c) Membership.--
(1) Number and appointment.--Not later than 60 days after
the date of enactment of this Act, the Commission, which shall
be composed of 12 members, shall be appointed by the Secretary
as follows:
(A) 2 members shall be commuters of public
transportation.
(B) 2 members shall be experts in rail safety.
(C) 2 members shall be experts in water
transportation.
(D) 2 members shall be employees of State
transportation agencies.
(E) 2 members shall be experts in passenger safety.
(F) 2 members shall be experts in emergency
medicine.
(2) Restriction.--No employee of the Department of
Transportation may serve as a member of the Commission.
(3) Chairperson.--The Chairperson of the Commission shall
be elected by the members at the initial meeting.
(d) Terms.--
(1) In general.--Each member shall be appointed for the
life of the commission.
(2) Vacancies.--A vacancy on the Commission shall be filled
in the same manner as the original appointment.
(3) Pay and travel expenses.--
(A) Pay.--Except as provided in subparagraph (C),
each member of the Commission shall be paid at a rate
equal to the daily equivalent of the minimum annual
rate of basic pay for level IV of the Executive
Schedule under section 5315 of title 5, United States
Code, for each day, including travel time, during which
he or she is engaged in the actual performance of
duties vested in the Commission.
(B) Travel expenses.--Members shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with subchapter I of chapter 57 of title 5,
United States Code.
(C) Prohibition of compensation of federal
employees.--Members of the Commission who are full-time
officers or employees of the United States or Members
of Congress may not receive additional pay, allowances,
or benefits by reason of their service on the
Commission.
(e) Meetings.--
(1) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission are appointed, the
Commission shall hold its first meeting.
(2) Subsequent meetings.--The commission shall meet monthly
at the call of the Chairperson.
(3) Quorum.--A majority of the Commission shall constitute
a quorum but a lesser number may hold hearings.
(f) Staff.--The Chairperson may appoint and fix the pay of
additional personnel as the Chairperson considers appropriate.
(g) Powers of the Commission.--
(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out this Act, hold hearings, sit and act at
times and places, take testimony, and receive evidence as the
Commission considers appropriate.
(2) Powers of members and agents.--Any member or agent of
the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take by this
section.
(h) Recommendations.--
(1) Commuter bill of rights.--Not later than 160 days after
its initial meeting, the Commission shall make recommendations
to the Secretary that shall be known as the ``Commuter Bill of
Rights''. The Commuter Bill of Rights shall include the
following:
(A) A list of situations in which a provider of
public transportation shall implement its contingency
plan.
(B) Recommendations for the minimum standards that
a contingency plan of a provider of public
transportation must meet, including the following:
(i) Provision of food, water, restrooms,
ventilation, and medical services.
(ii) Distribution of critical information
to commuters on a disabled or delayed train or
other transit vehicle, including a time frame
for when commuters will be permitted to exit
such disabled or delayed transit vehicle and
how such commuters will be redirected to their
final destinations in a timely manner.
(C) Recommendations for Federal regulations on
commuter safety in an emergency situation.
(2) Procedure.--A majority of the Commission shall approve
each recommendation before it is included in the Commuter Bill
of Rights and submitted to the Secretary.
(3) Supplemental report.--The Commission shall submit a
supplemental report to the Secretary along with the Commuter
Bill of Rights that contains all of the recommendations that
the Commission considered, including those recommendations that
did not receive a majority vote for inclusion in the Commuter
Bill of Rights.
(i) Termination.--The Commission shall terminate on the date that
the Commission submits the Commuter Bill of Rights and supplemental
report to the Secretary under subsection (h).
SEC. 4. GRANT PROGRAM.
(a) Authorization of Grant Program.--The Secretary may provide
grants on a competitive basis to providers of public transportation to
develop and implement contingency plans that fulfill the Commuter Bill
of Rights.
(b) Application.--
(1) In general.--To be eligible to receive a grant under
this section, an eligible recipient shall submit an application
not later than 90 days after the Secretary has issued a notice
of availability at such time and in such manner as the
Secretary may reasonably require.
(2) Contingency plan implementation.--An eligible recipient
shall include in its application a cost estimate of
implementing the contingency plan to fulfill the Consumer Bill
of Rights.
(3) Certification.--When submitting an application, a
provider of public transportation shall certify to the
Secretary that the provider will implement its contingency plan
not later than 90 days after receiving a grant under this
section.
(d) Amount of Grants.--An eligible recipient may only receive one
grant under this section. The amount of such grant shall be the greater
of $50,000 or 50 percent of the total amount of costs estimated in
implementing the Commuter Bill of Rights as determined by the
Secretary.
SEC. 5. DUTIES OF THE SECRETARY.
(a) In General.--The Secretary shall review the Commuter Bill of
Rights submitted by the Commission under section 3 and issue
regulations to require providers of public transportation to comply
with the standards recommended by the Commuter Bill of Rights.
(b) Federal Policies.--The Secretary shall use the Bill of Rights
as recommended by the Commission to develop federal policies that will
require compliance with the Bill of Rights by commuter transit
providers. Such policies shall include--
(1) a requirement for providers of public transportation to
submit for approval by the Secretary a proposed contingency
plan meeting minimum standards according to the Bill of Rights;
(2) a requirement that contingency plans be reviewed and
updated as necessary and re-submitted to the Secretary every 5
years; and
(3) a requirement that providers of public transportation
comply with the final rule issued pursuant to subsection (a)
not later than 180 days after the rule is issued under
subsection (a).
(c) Penalties and Sanctions.--The Secretary may assess appropriate
penalties or sanctions for non-compliance as determined by the
Secretary against providers of public transportation who fail to
submit, obtain approval of, or adhere to its contingency plan.
(d) Bill of Rights to Congress.--When the Secretary receives the
Consumer Bill of Rights from the Committee, the Secretary shall forward
a copy of such bill of rights to Congress.
(e) Consumer Hotline.--The Secretary shall establish a consumer
hotline telephone number for public transportation complaints in which
the Secretary responds to consumer complaints not later than 30 days
after submission of a complaint.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary, such sums
as may be necessary to carry out this Act, to remain available until
expended.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Highways and Transit.
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