Sec. 3013. PUBLIC TRANSPORTATION SAFETY PROGRAM

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 3013 PUBLIC TRANSPORTATION SAFETY PROGRAM Section 5329 of title 49, United States Code, is amended— ####

(1)in subsection (b)(2)— #####

(A)in subparagraph

(C)by striking “and” at the end; #####

(B)by redesignating subparagraph

(D)as subparagraph (E); and #####

(C)by inserting after subparagraph

(C)the following: > > ##### “(D) > > minimum safety standards to ensure the safe operation of public transportation systems that— > > > ###### “(i) > > are not related to performance standards for public transportation vehicles developed under subparagraph (C); and > > > ###### “(ii) > > to the extent practicable, take into consideration— > > > ###### “(I) > > relevant recommendations of the National Transportation Safety Board; > > > ###### “(II) > > best practices standards developed by the public transportation industry; > > > ###### “(III) > > any minimum safety standards or performance criteria being implemented across the public transportation industry; > > > ###### “(IV) > > relevant recommendations from the report under section 3020 of the Federal Public Transportation Act of 2015; and > > > ###### “(V) > > any additional information that the Secretary determines necessary and appropriate; and” > ; ####

(2)in subsection (e)— #####

(A)by redesignating paragraphs

(8)and

(9)as paragraphs

(9)and (10), respectively; and #####

(B)by inserting after paragraph

(7)the following: > > #### “(8) Federal safety management > > > ##### “(A) In general > > 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. > > > ##### “(B) Temporary federal oversight > > In making a determination under subparagraph (A), the Secretary shall— > > > ###### “(i) > > 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 > > > ###### “(ii) > > require the State to submit a State safety oversight program or modification for certification by the Secretary that meets the requirements of this subsection. > > > ##### “(C) Failure to correct > > 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— > > > ###### “(i) > > withhold funds available under paragraph

(6)in an amount determined by the Secretary; > > > ###### “(ii) > > 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 > > > ###### “(iii) > > use any other authorities authorized under this chapter considered necessary and appropriate. > > > ##### “(D) Administrative and oversight activities > > 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.” > ; ####

(3)in subsection (f)(2), by inserting “or the public transportation industry generally” after “recipients”; ####

(4)in subsection (g)(1)— #####

(A)in the matter preceding subparagraph

(A)by striking “an eligible State, as defined in subsection (e),” and inserting “a recipient”; #####

(B)in subparagraph

(C)by striking “and” at the end; #####

(C)in subparagraph

(D)by striking the period at the end and inserting “; and”; and #####

(D)by adding at the end the following: > > ##### “(E) > > withholding not more than 25 percent of financial assistance under section 5307.” > ; ####

(5)in subsection (g)(2)(A)— #####

(A)by inserting after “funds” the following: “or withhold funds”; and #####

(B)by inserting “or (1)(E)” after “paragraph (1)(D)”; and ####

(6)by striking subsection

(h)and inserting the following: > > ### “(h) Restrictions and prohibitions > > > #### “(1) Restrictions and Prohibitions > > 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. > > > #### “(2) Notice > > 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. > > > #### “(3) Continued authority > > 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.” > .