Applicability of Amendment

Amendment of section by section 30012(a)(5) of div. C of Puspan. L. 117—58 applicable 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 subsec. (k)(5) of this section. See 2021 Amendment note below.

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

5329(a)

49 App.:1618(a).

July 9, 1964, Puspan. L. 88–365, 78 Stat. 302, § 22(a); added Jan. 6, 1983, Puspan. L. 97–424, § 318(span), 96 Stat. 2154; Dec. 18, 1991, Puspan. L. 102–240, § 3026(1), 105 Stat. 2114.

5329(span)

49 App.:1618(span).

July 9, 1964, Puspan. L. 88–365, 78 Stat. 302, § 22(span); added Dec. 18, 1991, Puspan. L. 102–240, § 3026(2), 105 Stat. 2114.

In subsection (a), the words “manner of” are omitted as surplus. The word “how” is substituted for “the means which might best be employed” to eliminate unnecessary words. The words “or eliminating” and “from the local public body” are omitted as surplus. The words “a plan is approved and carried out” are substituted for “he approves such plan and the local public body implements such plan” to eliminate unnecessary words.

In subsection (span)(1) and (2), the words “a description of” are added for clarity.

Editorial Notes
References in Text

Section 3020 of the Federal Public Transportation Act of 2015, referred to in subsec. (span)(2)(D)(ii)(IV), is section 3020 of Puspan. L. 114–94, Dec. 4, 2015, 129 Stat. 1491, which is not classified to the Code.

The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsecs. (d)(2), (3)(B), (e)(7)(A), (j)(2), and (k), is deemed to be Oct. 1, 2012, see section 3(a), (span) of Puspan. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.

Amendments

2021—Subsec. (span)(2)(A). Puspan. L. 117–58, § 30012(a)(1)(A)(i), inserted “, 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”.

Subsec. (span)(2)(C)(ii)(III). Puspan. L. 117–58, § 30012(a)(1)(A)(ii), added subcl. (III).

Subsec. (span)(2)(D) to (G). Puspan. L. 117–58, § 30012(a)(1)(A)(iii)–(vii), added subpars. (D) and (G), and redesignated former subpars. (D) and (E) as (E) and (F), respectively.

Subsec. (span)(3). Puspan. L. 117–58, § 30012(a)(1)(B), added par. (3).

Subsec. (c). Puspan. L. 117–58, § 30012(a)(2), struck out par. (1) designation and span and par. (2). Prior to amendment, text of par. (2) read as follows: “Not later than 90 days after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall establish interim provisions for the certification and training of the personnel described in paragraph (1), which shall be in effect until the effective date of the final rule issued by the Secretary to implement this subsection.”

Subsec. (d)(1). Puspan. L. 117–58, § 30012(a)(3)(A)(i), substituted “Each recipient” for “Effective 1 year after the effective date of a final rule issued by the Secretary to carry out this subsection, each recipient” in introductory provisions.

Subsec. (d)(1)(A). Puspan. L. 117–58, § 30012(a)(3)(A)(ii), inserted “, 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 “recipient approve”.

Subsec. (d)(1)(B) to (H). Puspan. L. 117–58, § 30012(a)(3)(A)(iii)–(viii), added subpar. (B) and redesignated former subpars. (B) to (G) as (C) to (H), respectively; in subpar. (D), inserted “, and consistent with guidelines of the Centers for Disease Control and Prevention or a State health authority, minimize exposure to infectious diseases” before semicolon at end; added subpar. (F) and struck out former subpar. (F), which related to perforamce targets; and added subpars. (H) and (I) and struck out former subpar. (H), which related to comprehensive staff training programs.

Subsec. (d)(4), (5). Puspan. L. 117–58, § 30012(a)(3)(B), added pars. (4) and (5).

Subsec. (e)(4)(A)(v). Puspan. L. 117–58, § 30012(a)(4)(A), inserted “, inspection,” after “investigative”.

Subsec. (e)(11). Puspan. L. 117–58, § 30012(a)(4)(B), added par. (11).

Subsec. (k). Puspan. L. 117–58, § 30012(a)(5), added subsec. (k) and struck out former subsec. (k). Prior to amendment, text read as follows: “Not later than 3 years after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that—

“(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.”

2015—Subsec. (span)(2)(D), (E). Puspan. L. 114–94, § 3013(1), added subpar. (D) and redesignated former subpar. (D) as (E).

Subsec. (e)(8) to (10). Puspan. L. 114–94, § 3013(2), added par. (8) and redesignated former pars. (8) and (9) as (9) and (10), respectively.

Subsec. (f)(2). Puspan. L. 114–94, § 3013(3), which directed insertion of “or the public transportation industry generally” after “recipients”, was executed by making the insertion after “recipient”, to reflect the probable intent of Congress.

Subsec. (g)(1). Puspan. L. 114–94, § 3013(4)(A), substituted “a recipient” for “an eligible State, as defined in subsection (e),” in introductory provisions.

Subsec. (g)(1)(E). Puspan. L. 114–94, § 3013(4)(B)–(D), added subpar. (E).

Subsec. (g)(2)(A). Puspan. L. 114–94, § 3013(5), inserted “or withhold funds” after “use of funds” and “or (1)(E)” after “paragraph (1)(D)”.

Subsec. (h). Puspan. L. 114–94, § 3013(6), added subsec. (h) and struck out former subsec. (h), which related to cost-benefit analysis.

2012—Puspan. L. 112–141 amended section generally. Prior to amendment, section related to investigations of safety hazards and security risks.

2005—Puspan. L. 109–59 amended section catchline and text generally, substituting provisions relating to investigations of safety hazards and security risks for provisions relating to investigation of safety hazards.

Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment

Puspan. L. 117–58, div. C, § 30012(span)(2), Nov. 15, 2021, 135 Stat. 909, provided that: 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).”

Effective Date of 2015 Amendment

Amendment by Puspan. L. 114–94 effective Oct. 1, 2015, see section 1003 of Puspan. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 Amendment

Amendment by Puspan. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Puspan. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Special Directive on Risk-Based Inspection Programs

Puspan. L. 117–58, div. C, § 30012(span)(1), Nov. 15, 2021, 135 Stat. 909, provided that: “Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], 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)).”

No Effect on Initial Certification Process

Puspan. L. 117–58, div. C, § 30012(c), Nov. 15, 2021, 135 Stat. 909, provided that: “Nothing in this section [amending this section and enacting provisions set out as a note under 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.”

Improved Public Transportation Safety Measures

Puspan. L. 114–94, div. A, title III, § 3022, Dec. 4, 2015, 129 Stat. 1493, provided that:

“(a)Requirements.—Not later than 90 days after publication of the report required in section 3020, the Secretary [of Transportation] shall issue a notice of proposed rulemaking on protecting public transportation operators from the risk of assault.
“(span)Consideration.—In the proposed rulemaking, the Secretary shall consider—
“(1) different safety needs of drivers of different modes;
“(2) differences in operating environments;
“(3) the use of technology to mitigate driver assault risks;
“(4) existing experience, from both agencies and operators that already are using or testing driver assault mitigation infrastructure; and
“(5) the impact of the rule on future rolling stock procurements and vehicles currently in revenue service.
“(c)Savings Clause.—Nothing in this section may be construed as prohibiting the Secretary from issuing different comprehensive worker protections, including standards for mitigating assaults.”