for safety purposes, including accident and incident 
prevention and investigation. 
‘‘(3) COST SHARING.—The Federal share of a 
grant awarded or an agreement entered into under 
paragraph (1)(D) of this section may be up to 100 
percent. 
‘‘(4) ENTRY.—In carrying out this subsection, 
an officer or employee of the Secretary, or agent 
designated by the Secretary under paragraph (1)(B) 
of this subsection, at reasonable times and in a rea-
sonable way, may enter and inspect public transpor-
tation equipment, facilities, rolling stock, operations, 
and relevant records. When requested, the officer, 
employee, or the designated agent shall display prop-
er credentials. During an inspection, the officer, em-
ployee, or designated agent of the Secretary qualifies 
as an employee of the United States Government 
under chapter 171 of title 28. 
‘‘(f) STATE PARTICIPATION.— 
‘‘(1) SAFETY PROGRAM.—A State may establish 
and implement a State public transportation safety 
program through statute and regulation that re-
quires, at a minimum, compliance with the regula-
tions and policies issued by the Secretary under this 
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section and complies with subsection (d) of this sec-
tion. 
‘‘(2) 
GRANTS.—The 
Secretary 
may 
make 
grants or enter into agreements under this sub-
section to carry out a State public transportation 
safety program, including to train employees nec-
essary to administer and manage the program, and 
to enforce Federal and State public transportation 
safety laws, regulations and orders, provided that— 
‘‘(A) employees responsible for carrying 
out the safety oversight functions of a State 
public transportation safety program meet the 
safety certification criteria established through 
regulations issued under subsection (c)(1) of 
this section; 
‘‘(B) a State submits its public transpor-
tation safety program, which shall provide a 
right of entry and inspection to carry out the 
program, to the Secretary for review and writ-
ten approval prior to implementing the pro-
gram; and 
‘‘(C) a State submits each amendment to 
its public transportation safety program to the 
Secretary for review and written decision at 
least 60 days before the amendment becomes 
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effective. If a State does not receive a written 
response from the Secretary by the end of the 
60-day period, the amendment shall be deemed 
to be approved. 
‘‘(3) MULTI-STATE
REQUIREMENTS.—When a 
single public transportation authority operates in 
more than one State, the affected States, if estab-
lishing and implementing a public transportation 
safety program as authorized under this subsection, 
shall— 
‘‘(A) establish and implement the program 
jointly to ensure uniform safety standards and 
enforcement procedures that shall be, at a min-
imum, in compliance with this section and the 
regulations and policies issued by the Secretary 
under this section; or 
‘‘(B) designate an entity (other than the 
public transportation authority) to carry out the 
activities and requirements specified by sub-
paragraph (A) of this paragraph. 
‘‘(4) CONFLICT OF INTEREST.—A State may 
not— 
‘‘(A) allocate grant funds awarded under 
paragraph (1) of this subsection to a State 
agency or local entity that operates a public 
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transportation system that receives Federal 
transit assistance; 
‘‘(B) allow a State agency or local entity 
that operates a public transportation system to 
provide funds to a State agency or an entity 
designated by the State that is responsible for 
establishing, implementing, or maintaining a 
State public transportation safety program; or 
‘‘(C) allow a State agency or local entity 
that operates a public transportation system to 
participate in the oversight of establishing, im-
plementing, or maintaining a State public 
transportation safety program. 
‘‘(5) COST SHARING.—In the case of a State 
that implements a safety program under this sec-
tion, the following applies: 
‘‘(A) The Secretary shall reimburse the 
State from a grant made or agreement entered 
into under this section, an amount that is up to 
100 percent of the costs incurred by the State 
in a fiscal year for developing, implementing 
and enforcing a State public transportation 
safety program. 
‘‘(B) The Secretary, through regulations 
promulgated under this section, shall establish 
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a schedule of reimbursable costs that the Sec-
retary shall use to assist the State in defraying 
the State’s costs of developing, implementing 
and enforcing a State public transportation 
safety program. 
‘‘(C) To help defray the costs of devel-
oping, implementing and enforcing a State pub-
lic transportation safety program, the State 
may submit to the Secretary a voucher that 
does not exceed the amount identified on the 
schedule of reimbursable costs for an eligible 
activity. 
‘‘(D) The Secretary shall pay the State an 
amount not more than the Federal Govern-
ment’s share of costs incurred as of the date of 
the voucher. 
‘‘(6) NOTICE OF WITHDRAWAL.—The Secretary 
shall ensure that the State is carrying out the State 
public transportation safety program, as follows: 
‘‘(A) If the Secretary finds, after notice 
and opportunity to comment, that the State 
transportation safety program previously ap-
proved is not being followed or has become in-
adequate to ensure enforcement of the regula-
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tions or orders, the Secretary shall withdraw 
approval of the program and notify the State. 
‘‘(B) A State public transportation safety 
program shall no longer be in effect upon the 
State’s receipt of the Secretary’s notice of with-
drawal of approval. 
‘‘(C) A State receiving notice under sub-
paragraph (A) of this paragraph may seek judi-
cial review of the Secretary’s decision under 
chapter 7 of title 5. 
‘‘(D) Notwithstanding the withdrawal, a 
State may retain jurisdiction in administrative 
and judicial proceedings begun before the with-
drawal if the issues involved are not related di-
rectly to the reasons for the withdrawal. 
‘‘(g) ENFORCEMENT.— 
‘‘(1) IN GENERAL.—The Secretary has the au-
thority— 
‘‘(A) to establish, impose and compromise 
a civil penalty for a violation of a public trans-
portation safety regulation promulgated or 
order issued under this section; 
‘‘(B) to establish, impose and compromise 
a civil penalty for violation of the alcohol and 
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