Sec. 3008. Public transportation safety program
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/bill/114/hr/2410/ih/section-3008·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 5329(e) is amended— by redesignating paragraphs
(3)through
(9)as paragraphs
(4)through (10), respectively; by adding the following after paragraph (2): An eligible State having within its jurisdiction 1 or more rail fixed guideway public transportation systems in revenue service, design or construction that have fewer than 1,000,000 combined actual and projected rail fixed guideway revenue miles per year or which provide fewer than 10,000,000 combined actual and projected unlinked passenger trips per year may request, in writing, that the Secretary oversee the safety of such systems consistent with the oversight and enforcement authority under this section. Should a State be granted an exemption under this subparagraph (C), the State will not be subject to the State safety oversight requirements under this subsection and shall not be eligible to receive a State Safety Oversight grant authorized under paragraph
(6)of this subsection. The Secretary shall provide an exemption to a State that meets the criteria under subparagraph
(A)within 30 days of the Secretary’s receipt of the State’s request or inform the State of the reason an exemption cannot be granted. ; and in paragraph (7), as redesignated— by striking shall be 80 and insert may be up to 100 ; and by striking clauses
(ii)and
(iii)and redesignating clause
(iv)as clause (ii). Section 5329(g) is amended to read as follows: The Secretary may take enforcement action against recipient that does not comply with Federal law with respect to the safety of the public transportation system, including— issuing directives; requiring more frequent oversight of the recipient by a State safety oversight agency or the Secretary; imposing more frequent reporting requirements; 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; withholding financial assistance under this chapter in an amount to be determined by the Secretary; issuing penalties pursuant to paragraph (2); instituting a civil action pursuant to paragraph (4); and issuing orders, including orders issued pursuant to paragraph (7). The Secretary has the authority— to establish, impose and compromise a civil penalty for a violation of a public transportation safety regulation promulgated or order issued under this section; to establish, impose and compromise a civil penalty for violation of the alcohol and controlled substances testing provisions under section 5331 of this chapter; and to request an injunction for a violation of a public transportation safety regulation promulgated or order issued under this section. An amount collected by the Secretary under this section shall be credited to the Federal Transit Administration’s formula and bus appropriations account to carry out subsection (e). At the request of the Secretary, the Attorney General shall bring a civil action— for appropriate injunctive relief to ensure compliance with this section; to collect a civil penalty imposed or an amount agreed upon in a compromise under paragraph
(1)of this subsection; or to enforce a subpoena, request for admissions, request for production of documents or other tangible things, or request for testimony by deposition issued by the Secretary under this section. An action under paragraph
(3)of this subsection may be brought in a district court of the United States in any State in which the relief is required. On a proper showing, the court shall issue a temporary restraining order or preliminary or permanent injunction. An injunction under this section may order a public transportation agency receiving assistance under this chapter to comply with this section, or a regulation promulgated under this section. A person who knowingly violates this section or a public transportation safety regulation or order issued under this section shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both; except that the maximum amount of imprisonment shall be 10 years in any case in which the violation results in death or bodily injury to any person. For purposes of this paragraph— a person acts knowingly when the person has actual knowledge of the facts giving rise to the violation; and actual knowledge of the existence of a statutory provision, or a regulation or a requirement imposed by the Secretary is not an element of an offense under this paragraph. If, through testing, inspection, investigation, or research carried out under this section, the Secretary decides that an unsafe condition or practice, or a combination of unsafe conditions and practices, causes an emergency situation involving a hazard of death, personal injury, or significant harm to the environment, the Secretary immediately may order restrictions and prohibitions, without regard to section 553 and section 554 of title 5, United States Code, that may be necessary to abate the emergency situation. The order shall describe the condition or practice, or a combination of conditions and practices, that causes the emergency situation and promulgate standards and procedures for obtaining relief from the order. This paragraph does not affect the Secretary’s discretion under this subsection to maintain the order in effect for as long as the emergency situation exists. After issuing an order under this subsection, the Secretary shall provide an opportunity for review of the order under section 554 of title 5, United States Code. If a petition for review is filed and the review is not completed by the end of the 30-day period beginning on the date the order was issued, the order stops being effective at the end of that period unless the Secretary decides in writing that the emergency situation still exists. An employee of a rail fixed guideway public transportation system provider who may be exposed to imminent physical injury during that employment because of the Secretary’s failure, without any reasonable basis, to issue an order under paragraph
(1)of this subsection, or the employee’s authorized representative, may bring a civil action against the Secretary in a district court of the United States to compel the Secretary to issue an order. The action shall be brought in the judicial district in which the emergency situation is alleged to exist, in which the employing provider has its principal executive office, or in the District of Columbia. The Secretary’s failure to issue an order under paragraph
(1)of this subsection may be reviewed only under section 706 of title 5, United States Code. . Section 5329 is amended by inserting the following at the end: A report, data, investigation, or other information, or any portion thereof, submitted to, developed, produced, collected, or obtained by the Secretary or his representative for purposes of enhancing public transportation safety, including information related to a transit provider’s safety plan, safety risks, and mitigation measures, shall not be disclosed to the public pursuant to section 522(b)(3)(B) of title 5 if the Secretary or his representative determines— the receipt of the information aids in fulfilling the Secretary’s safety responsibilities; and withholding such information from disclosure is necessary to the safety or security of public transportation systems. Paragraph
(1)shall not apply to a report, data, investigation or other information if the information contained in the report, data, investigation or other information collected or obtained by the Secretary or his representative has been de-identified. In this subsection, the term de-identified means the process by which all information that is likely to establish the identity of specific persons or entities submitting reports, data, investigation or other information is removed from the reports, data, or investigation, or other information. .