(a)
(b)
(1)
(2)
(A) safety performance criteria for all modes of public transportation;
(B) the definition of the term "state of good repair" established under section 5326(b);
(C) minimum safety performance standards for public transportation vehicles used in revenue operations that—
(i) do not apply to rolling stock otherwise regulated by the Secretary or any other Federal agency; and
(ii) to the extent practicable, take into consideration—
(I) relevant recommendations of the National Transportation Safety Board; and
(II) recommendations of, and best practices standards developed by, the public transportation industry; and
(D) a public transportation safety certification training program, as described in subsection (c).
(c)
(1)
(2)
(d)
(1)
(A) a requirement that the board of directors (or equivalent entity) of the recipient approve the agency safety plan and any updates to the agency safety plan;
(B) methods for identifying and evaluating safety risks throughout all elements of the public transportation system of the recipient;
(C) strategies to minimize the exposure of the public, personnel, and property to hazards and unsafe conditions;
(D) a process and timeline for conducting an annual review and update of the safety plan of the recipient;
(E) performance targets based on the safety performance criteria and state of good repair standards established under subparagraphs (A) and (B), respectively, of subsection (b)(2);
(F) assignment of an adequately trained safety officer who reports directly to the general manager, president, or equivalent officer of the recipient; and
(G) a comprehensive staff training program for the operations personnel and personnel directly responsible for safety of the recipient that includes—
(i) the completion of a safety training program; and
(ii) continuing safety education and training.
(2)
(3)
(A)
(B)
(e)
(1)
(2)
(A) a rail fixed guideway public transportation system within the jurisdiction of the State that is not subject to regulation by the Federal Railroad Administration; or
(B) a rail fixed guideway public transportation system in the engineering or construction phase of development within the jurisdiction of the State that will not be subject to regulation by the Federal Railroad Administration.
(3)
(A) assumes responsibility for overseeing rail fixed guideway public transportation safety;
(B) adopts and enforces Federal and relevant State laws on rail fixed guideway public transportation safety;
(C) establishes a State safety oversight agency;
(D) determines, in consultation with the Secretary, an appropriate staffing level for the State safety oversight agency that is commensurate with the number, size, and complexity of the rail fixed guideway public transportation systems in the eligible State;
(E) requires that employees and other designated personnel of the eligible State safety oversight agency who are responsible for rail fixed guideway public transportation safety oversight are qualified to perform such functions through appropriate training, including successful completion of the public transportation safety certification training program established under subsection (c); and
(F) prohibits any public transportation agency from providing funds to the State safety oversight agency or an entity designated by the eligible State as the State safety oversight agency under paragraph (4).
(4)
(A)
(i) is financially and legally independent from any public transportation entity that the State safety oversight agency oversees;
(ii) does not directly provide public transportation services in an area with a rail fixed guideway public transportation system subject to the requirements of this section;
(iii) does not employ any individual who is also responsible for the administration of rail fixed guideway public transportation programs subject to the requirements of this section;
(iv) has the authority to review, approve, oversee, and enforce the implementation by the rail fixed guideway public transportation agency of the public transportation agency safety plan required under subsection (d);
(v) has investigative and enforcement authority with respect to the safety of rail fixed guideway public transportation systems of the eligible State;
(vi) audits, at least once triennially, the compliance of the rail fixed guideway public transportation systems in the eligible State subject to this subsection with the public transportation agency safety plan required under subsection (d); and
(vii) provides, at least once annually, a status report on the safety of the rail fixed guideway public transportation systems the State safety oversight agency oversees to—
(I) the Federal Transit Administration;
(II) the Governor of the eligible State; and
(III) the board of directors, or equivalent entity, of any rail fixed guideway public transportation system that the State safety oversight agency oversees.
(B)
(i) have fewer than 1,000,000 combined actual and projected rail fixed guideway revenue miles per year; or
(ii) provide fewer than 10,000,000 combined actual and projected unlinked passenger trips per year.
(5)
(A) jointly with all other eligible States in which the rail fixed guideway public transportation system operates, ensure uniform safety standards and enforcement procedures that shall be in compliance with this section, and establish and implement a State safety oversight program approved by the Secretary; or
(B) jointly with all other eligible States in which the rail fixed guideway public transportation system operates, designate an entity having characteristics consistent with the characteristics described in paragraph (3) to carry out the State safety oversight program approved by the Secretary.
(6)
(A)
(B)
(i)
(ii)
(C)
(i)
(ii)
(iii)
(I) any Federal funds;
(II) any funds received from a public transportation agency; or
(III) any revenues earned by a public transportation agency.
(iv)
(7)
(A)
(B)
(C)
(D)
(i) shall notify the Governor of the eligible State of such denial of certification and failure to adequately modify the program, and shall request that the Governor take all possible actions to correct deficiencies in the program to ensure the certification of the program; and
(ii) may—
(I) withhold funds available under paragraph (6) in an amount determined by the Secretary;
(II) withhold not more than 5 percent of the amount required to be appropriated for use in a State or urbanized area in the State under section 5307 of this title, until the State safety oversight program has been certified; or
(III) require fixed guideway public transportation systems under such State safety oversight program to provide up to 100 percent of Federal assistance made available under this chapter only for safety-related improvements on such systems, until the State safety oversight program has been certified.
(8)
(A) the amount of funds apportioned to each eligible State; and
(B) the certification status of each State safety oversight program, including what steps a State program that has been denied certification must take in order to be certified.
(9)
(A) oversee the implementation of each State safety oversight program under this subsection;
(B) audit the operations of each State safety oversight agency at least once triennially; and
(C) issue rules to carry out this subsection.
(f)
(1) conduct inspections, investigations, audits, examinations, and testing of the equipment, facilities, rolling stock, and operations of the public transportation system of a recipient;
(2) make reports and issue directives with respect to the safety of the public transportation system of a recipient;
(3) in conjunction with an accident investigation or an investigation into a pattern or practice of conduct that negatively affects public safety, issue a subpoena to, and take the deposition of, any employee of a recipient or a State safety oversight agency, if—
(A) before the issuance of the subpoena, the Secretary requests a determination by the Attorney General of the United States as to whether the subpoena will interfere with an ongoing criminal investigation; and
(B) the Attorney General—
(i) determines that the subpoena will not interfere with an ongoing criminal investigation; or
(ii) fails to make a determination under clause (i) before the date that is 30 days after the date on which the Secretary makes a request under subparagraph (A);
(4) require the production of documents by, and prescribe recordkeeping and reporting requirements for, a recipient or a State safety oversight agency;
(5) investigate public transportation accidents and incidents and provide guidance to recipients regarding prevention of accidents and incidents;
(6) at reasonable times and in a reasonable manner, enter and inspect equipment, facilities, rolling stock, operations, and relevant records of the public transportation system of a recipient; and
(7) issue rules to carry out this section.
(g)
(1)
(A) issuing directives;
(B) requiring more frequent oversight of the recipient by a State safety oversight agency or the Secretary;
(C) imposing more frequent reporting requirements; and
(D) requiring that any Federal financial assistance provided under this chapter be spent on correcting safety deficiencies identified by the Secretary or the State safety oversight agency before such funds are spent on other projects.
(2)
(A)
(B)
(i) written notice of a violation and the amount proposed to be withheld; and
(ii) a reasonable period of time within which the recipient may address the violation or propose and initiate an alternative means of compliance that the Secretary determines is acceptable.
(h)
(1)
(2)
(i)
(j)
(1)
(A) a Federal standard of care established by a regulation or order issued by the Secretary under this section; or
(B) its own program, rule, or standard that it created pursuant to a rule or order issued by the Secretary.
(2)
(3)
(k)
(1) analyzes public transportation safety trends among the States and documents the most effective safety programs implemented using grants under this section; and
(2) describes the effect on public transportation safety of activities carried out using grants under this section.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 830; Pub. L. 109–59, title III, §3028(a), Aug. 10, 2005, 119 Stat. 1624; Pub. L. 112–141, div. B, §20021(a), July 6, 2012, 126 Stat. 709.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5329(a) | 49 App.:1618(a). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §22(a); added Jan. 6, 1983, Pub. L. 97–424, §318(b), 96 Stat. 2154; Dec. 18, 1991, Pub. L. 102–240, §3026(1), 105 Stat. 2114. |
| 5329(b) | 49 App.:1618(b). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §22(b); added Dec. 18, 1991, Pub. L. 102–240, §3026(2), 105 Stat. 2114. |
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