Sec. 3013. Public transportation safety program
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/bill/114/hr/22/enr/section-3013·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 5329 of title 49, United States Code, is amended— in subsection (b)(2)— in subparagraph
(C)by striking and at the end; by redesignating subparagraph
(D)as subparagraph (E); and by inserting after subparagraph
(C)the following: minimum safety standards to ensure the safe operation of public transportation systems that— are not related to performance standards for public transportation vehicles developed under subparagraph (C); and to the extent practicable, take into consideration— relevant recommendations of the National Transportation Safety Board; best practices standards developed by the public transportation industry; any minimum safety standards or performance criteria being implemented across the public transportation industry; relevant recommendations from the report under section 3020 of the Federal Public Transportation Act of 2015; and any additional information that the Secretary determines necessary and appropriate; and ; in subsection (e)— by redesignating paragraphs
(8)and
(9)as paragraphs
(9)and (10), respectively; and by inserting after paragraph
(7)the following: If the Secretary determines that a State safety oversight program is not being carried out in accordance with this section, has become inadequate to ensure the enforcement of Federal safety regulation, or is incapable of providing adequate safety oversight consistent with the prevention of substantial risk of death, or personal injury, the Secretary shall administer the State safety oversight program until the eligible State develops a State safety oversight program certified by the Secretary in accordance with this subsection. In making a determination under subparagraph (A), the Secretary shall— transmit to the eligible State and affected recipient or recipients, a written explanation of the determination or subsequent finding, including any intention to withhold funding under this section, the amount of funds proposed to be withheld, and if applicable, a formal notice of a withdrawal of State safety oversight program approval; and require the State to submit a State safety oversight program or modification for certification by the Secretary that meets the requirements of this subsection. If the Secretary determines in accordance with subparagraph (A), that a State safety oversight program or modification required pursuant to subparagraph (B)(ii), submitted by a State is not sufficient, the Secretary may— withhold funds available under paragraph
(6)in an amount determined by the Secretary; beginning 1 year after the date of the determination, withhold not more than 5 percent of the amount required to be appropriated for use in a State or an urbanized area in the State under section 5307, until the State safety oversight program or modification has been certified; and use any other authorities authorized under this chapter considered necessary and appropriate. To carry out administrative and oversight activities authorized by this paragraph, the Secretary may use grant funds apportioned to an eligible State, under paragraph (6), to develop or carry out a State safety oversight program. ; in subsection (f)(2), by inserting or the public transportation industry generally after recipients ; in subsection (g)(1)— in the matter preceding subparagraph
(A)by striking an eligible State, as defined in subsection (e), and inserting a recipient ; in subparagraph
(C)by striking and at the end; in subparagraph
(D)by striking the period at the end and inserting ; and ; and by adding at the end the following: withholding not more than 25 percent of financial assistance under section 5307. ; in subsection (g)(2)(A)— by inserting after funds the following: or withhold funds ; and by inserting or (1)(E) after paragraph (1)(D) ; and by striking subsection
(h)and inserting the following: The Secretary shall issue restrictions and prohibitions by whatever means are determined necessary and appropriate, without regard to section 5334(c), if, through testing, inspection, investigation, audit, or research carried out under this chapter, the Secretary determines that an unsafe condition or practice, or a combination of unsafe conditions and practices, exist such that there is a substantial risk of death or personal injury. The notice of restriction or prohibition shall describe the condition or practice, the subsequent risk and the standards and procedures required to address the restriction or prohibition. Nothing in this subsection shall be construed as limiting the Secretary’s authority to maintain a restriction or prohibition for as long as is necessary to ensure that the risk has been substantially addressed. .