Sec. 30012. Public transportation safety program
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/bill/117/hr/3684/eas/section-30012·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)— in paragraph (2)— in subparagraph (A), by inserting , or, in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, safety performance measures, including measures related to the risk reduction program under subsection (d)(1)(I), for all modes of public transportation after public transportation ; in subparagraph (C)(ii)— in subclause (I), by striking and at the end; in subclause (II), by adding and at the end; and by adding at the end the following: innovations in driver assistance technologies and driver protection infrastructure, where appropriate, and a reduction in visibility impairments that contribute to pedestrian fatalities; ; in subparagraph (D)(ii)(V), by striking and at the end; in subparagraph (E), by striking the period at the end and inserting ; and ; by redesignating subparagraphs
(D)and
(E)as subparagraphs
(E)and (F), respectively; by inserting after subparagraph
(C)the following: in consultation with the Secretary of Health and Human Services, precautionary and reactive actions required to ensure public and personnel safety and health during an emergency (as defined in section 5324(a)); ; and by adding at the end the following: consideration, where appropriate, of performance-based and risk-based methodologies. ; and by adding at the end the following: The Secretary shall update the national public transportation safety plan under paragraph
(1)as necessary with respect to recipients receiving assistance under section 5307 that serve an urbanized area with a population of 200,000 or more. ; in subsection (c)— by striking paragraph (2); and by striking the subsection designation and heading and all that follows through The Secretary in paragraph
(1)and inserting the following: The Secretary ; in subsection (d)— in paragraph (1)— in the matter preceding subparagraph (A), by striking Effective 1 year and all that follows through each recipient and inserting Each recipient ; in subparagraph (A), by inserting , or, in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, the safety committee of the entity established under paragraph (5), followed by the board of directors (or equivalent entity) of the recipient approve, after approve ; by redesignating subparagraphs
(B)through
(G)as subparagraphs
(C)through (H), respectively; by inserting after subparagraph
(A)the following: for each recipient serving an urbanized area with a population of fewer than 200,000, a requirement that the agency safety plan be developed in cooperation with frontline employee representatives; ; in subparagraph
(D)(as so redesignated), by inserting , and consistent with guidelines of the Centers for Disease Control and Prevention or a State health authority, minimize exposure to infectious diseases after public, personnel, and property to hazards and unsafe conditions ; by striking subparagraph
(F)(as so redesignated) and inserting the following: 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); or in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, safety performance measures established under the national public transportation safety plan, as described in subsection (b)(2)(A); ; in subparagraph
(G)(as so redesignated), by striking and at the end; and by striking subparagraph
(H)(as so redesignated) and inserting the following: a comprehensive staff training program for— the operations personnel and personnel directly responsible for safety of the recipient that includes— the completion of a safety training program; and continuing safety education and training; or in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, the operations and maintenance personnel and personnel directly responsible for safety of the recipient that includes— the completion of a safety training program; continuing safety education and training; and de-escalation training; and in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, a risk reduction program for transit operations to improve safety by reducing the number and rates of accidents, injuries, and assaults on transit workers based on data submitted to the national transit database under section 5335, including— a reduction of vehicular and pedestrian accidents involving buses that includes measures to reduce visibility impairments for bus operators that contribute to accidents, including retrofits to buses in revenue service and specifications for future procurements that reduce visibility impairments; and the mitigation of assaults on transit workers, including the deployment of assault mitigation infrastructure and technology on buses, including barriers to restrict the unwanted entry of individuals and objects into the workstations of bus operators when a risk analysis performed by the safety committee of the recipient established under paragraph
(5)determines that such barriers or other measures would reduce assaults on transit workers and injuries to transit workers. ; and by adding at the end the following: The safety committee of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more established under paragraph
(5)shall establish performance targets for the risk reduction program required under paragraph (1)(I) using a 3-year rolling average of the data submitted by the recipient to the national transit database under section 5335. A recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more shall allocate not less than 0.75 percent of those funds to safety-related projects eligible under section 5307. A recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more that does not meet the performance targets established under subparagraph
(A)shall allocate the amount made available in subparagraph
(B)in the following fiscal year to projects described in subparagraph (D). Funds set aside under subparagraph
(C)shall be used for projects that are reasonably likely to assist the recipient in meeting the performance targets established in subparagraph (A), including modifications to rolling stock and de-escalation training. For purposes of this subsection, the safety committee of a recipient shall— be convened by a joint labor-management process; consist of an equal number of— frontline employee representatives, selected by a labor organization representing the plurality of the frontline workforce employed by the recipient or, if applicable, a contractor to the recipient, to the extent frontline employees are represented by labor organizations; and management representatives; and have, at a minimum, responsibility for— identifying and recommending risk-based mitigations or strategies necessary to reduce the likelihood and severity of consequences identified through the agency’s safety risk assessment; identifying mitigations or strategies that may be ineffective, inappropriate, or were not implemented as intended; and identifying safety deficiencies for purposes of continuous improvement. This paragraph applies only to a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more. ; in subsection (e)— in paragraph (4)(A)(v), by inserting , inspection, after investigative ; and by adding at the end the following: The Secretary shall develop and disseminate to State safety oversight agencies the process and methodology that the Secretary will use to monitor the effectiveness of the enforcement authorities and practices of State safety oversight agencies. ; and by striking subsection
(k)and inserting the following: A State safety oversight program shall provide the State safety oversight agency established by the program with the authority and capability to enter the facilities of each rail fixed guideway public transportation system that the State safety oversight agency oversees to inspect infrastructure, equipment, records, personnel, and data, including the data that the rail fixed guideway public transportation agency collects when identifying and evaluating safety risks. A State safety oversight agency, in consultation with each rail fixed guideway public transportation agency that the State safety oversight agency oversees, shall establish policies and procedures regarding the access of the State safety oversight agency to conduct inspections of the rail fixed guideway public transportation system, including access for inspections that occur without advance notice to the rail fixed guideway public transportation agency. A rail fixed guideway public transportation agency shall provide the applicable State safety oversight agency with the data that the rail fixed guideway public transportation agency collects when identifying and evaluating safety risks, in accordance with subparagraph (B). A State safety oversight agency, in consultation with each rail fixed guideway public transportation agency that the State safety oversight agency oversees, shall establish policies and procedures for collecting data described in subparagraph
(A)from a rail fixed guideway public transportation agency, including with respect to frequency of collection, that is commensurate with the size and complexity of the rail fixed guideway public transportation system. Policies and procedures established under this subsection shall be incorporated into— the State safety oversight program standard adopted by a State safety oversight agency under section 674.27 of title 49, Code of Federal Regulations (or any successor regulation); and the public transportation agency safety plan established by a rail fixed guideway public transportation agency under subsection (d). In assessing the capability of a State safety oversight agency to conduct inspections as required under paragraph (1), the Secretary shall ensure that— the inspection practices of the State safety oversight agency are commensurate with the number, size, and complexity of the rail fixed guideway public transportation systems that the State safety oversight agency oversees; the inspection program of the State safety oversight agency is risk-based; and the State safety oversight agency has sufficient resources to conduct the inspections. The Secretary shall issue a special directive to each State safety oversight agency on the development and implementation of risk-based inspection programs under this subsection. The Secretary may use any authority under this section, including any enforcement action authorized under subsection (g), to ensure the compliance of a State safety oversight agency or State safety oversight program with this subsection. . Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue each special directive required under section 5329(k)(5) of title 49, United States Code (as added by subsection (a)). Section 5329(k) of title 49, United States Code (as amended by subsection (a)), shall apply with respect to a State safety oversight agency on and after the date that is 2 years after the date on which the Secretary of Transportation issues the special directive to the State safety oversight agency under paragraph
(5)of that section 5329(k). Nothing in this section or the amendments made by this section affects the requirements for initial approval of a State safety oversight program, including the initial deadline, under section 5329(e)(3) of title 49, United States Code.