I 

114TH CONGRESS 

1ST SESSION H. R. 3773 

To amend title 49, United States Code, relating to the authority of the 

Secretary of Transportation under the public transportation safety program. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 20, 2015 

Ms. NORTON (for herself, Ms. EDWARDS, and Mrs. COMSTOCK) introduced the 

following bill; which was referred to the Committee on Transportation 

and Infrastructure 

A BILL 

To amend title 49, United States Code, relating to the authority of the Secretary of Transportation under the 

public transportation safety program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protect Riders of Met5 rorail Public Transportation Act of 2015’’. 

6 SEC. 2. FEDERAL SAFETY MANAGEMENT. 

7 Section 5329(f) of title 49, United States Code, is 

8 amended to read as follows: 

9 ‘‘(f) AUTHORITY OF SECRETARY.— 


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1 ‘‘(1) IN GENERAL.—In carrying out this sec2 tion, the Secretary may— 

3 ‘‘(A) conduct inspections, investigations, 

4 audits, examinations, and testing of the equip5 ment, facilities, rolling stock, and operations of 

6 the public transportation system of a recipient; 

7 ‘‘(B) make reports and issue directives 

8 with respect to the safety of the public trans9 portation system of a recipient; 

10 ‘‘(C) in conjunction with an accident inves11 tigation or an investigation into a pattern or 

12 practice of conduct that negatively affects pub13 lic safety, issue a subpoena to, and take the 

14 deposition of, any employee of a recipient or a 

15 State safety oversight agency, if— 

16 ‘‘(i) before the issuance of the sub17 poena, the Secretary requests a determina18 tion by the Attorney General of the United 

19 States as to whether the subpoena will 

20 interfere with an ongoing criminal inves21 tigation; and 

22 ‘‘(ii) the Attorney General— 

23 ‘‘(I) determines that the sub24 poena will not interfere with an ongo25 ing criminal investigation; or 


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1 ‘‘(II) fails to make a determina2 tion under clause (i) before the date 

3 that is 30 days after the date on 

4 which the Secretary makes a request 

5 under subparagraph (A); 

6 ‘‘(D) require the production of documents 

7 by, and prescribe recordkeeping and reporting 

8 requirements for, a recipient or a State safety 

9 oversight agency; 

10 ‘‘(E) investigate public transportation acci11 dents and incidents and provide guidance to re12 cipients regarding prevention of accidents and 

13 incidents; 

14 ‘‘(F) at reasonable times and in a reason15 able manner, enter and inspect equipment, fa16 cilities, rolling stock, operations, and relevant 

17 records of the public transportation system of a 

18 recipient; and 

19 ‘‘(G) issue rules to carry out this section. 

20 ‘‘(2) ADDITIONAL AUTHORITY.— 

21 ‘‘(A) If the Secretary finds that a State 

22 safety oversight agency that oversees a rail 

23 fixed guideway system operating in more than 

24 2 States has become incapable of providing ade25 quate safety oversight of such system, the SecVerDate Sep 11 2014 02:23 Oct 21, 2015 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3773.IH H3773

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1 retary may administer State safety oversight 

2 activities for such rail fixed guideway system 

3 until the States develop a State safety oversight 

4 program certified by the Secretary in accord5 ance with subsection (e) of this section. 

6 ‘‘(B) To carry out administrative and over7 sight activities authorized by this paragraph, 

8 the Secretary may use— 

9 ‘‘(i) grant funds apportioned to an eli10 gible State under subsection (e)(6) to de11 velop or carry out a State safety oversight 

12 program; and 

13 ‘‘(ii) grant funds apportioned to an el14 igible State under subsection (e)(6) that 

15 have not been obligated within the admin16 istrative period of availability.’’. 

Æ 


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