controlled substances testing provisions under 
section 5331 of this chapter; 
‘‘(C) to request an injunction for a viola-
tion of a public transportation safety regulation 
promulgated or order issued under this section; 
and 
‘‘(D) to notify the Attorney General when 
the Secretary receives evidence of a possible 
criminal violation under paragraph (5). 
‘‘(2) 
DEPOSIT
OF
CIVIL
PENALTIES.—An 
amount collected by the Secretary under this section 
shall be deposited into the General Fund of the 
United States Treasury. 
‘‘(3) ENFORCEMENT BY THE ATTORNEY GEN-
ERAL.—At the request of the Secretary, the Attor-
ney General shall bring a civil action— 
‘‘(A) for appropriate injunctive relief to en-
sure compliance with this section; 
‘‘(B) to collect a civil penalty imposed or 
an amount agreed upon in a compromise under 
paragraph (1) of this subsection; or 
‘‘(C) to enforce a subpoena, request for ad-
missions, request for production of documents 
or other tangible things, or request for testi-
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mony by deposition issued by the Secretary 
under this section. 
‘‘(4) JURISDICTION.—An action under para-
graph (3) of this subsection may be brought in a 
district court of the United States in any State in 
which the relief is required. On a proper showing, 
the court shall issue a temporary restraining order 
or preliminary or permanent injunction. An injunc-
tion under this section may order a public transpor-
tation agency receiving assistance under this chapter 
to comply with this section, or a regulation promul-
gated under this section. 
‘‘(5) CRIMINAL PENALTY.—A person who know-
ingly violates this section or a public transportation 
safety regulation or order issued under this section 
shall be fined under title 18 imprisoned for not more 
than 5 years, or both; except that the maximum 
amount of imprisonment shall be 10 years in any 
case in which the violation results in death or bodily 
injury to any person. For purposes of this subpara-
graph— 
‘‘(A) a person acts knowingly when— 
‘‘(i) the person has actual knowledge 
of the facts giving rise to the violation; or 
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‘‘(ii) a reasonable person acting in the 
circumstances and exercising reasonable 
care would have that knowledge; and 
‘‘(B) actual knowledge of the existence of 
a statutory provision, or a regulation or a re-
quirement required by the Secretary is not an 
element of an offense under this paragraph. 
‘‘(h) EMERGENCY AUTHORITY.— 
‘‘(1) ORDERING RESTRICTIONS AND PROHIBI-
TIONS.—If, through testing, inspection, investiga-
tion, or research carried out under this section, the 
Secretary decides that an unsafe condition or prac-
tice, or a combination of unsafe conditions and prac-
tices, causes an emergency situation involving a haz-
ard of death, personal injury, or significant harm to 
the environment, the Secretary immediately may 
order restrictions and prohibitions, without regard to 
section 553 and section 554 of title 5 that may be 
necessary to abate the emergency situation. 
‘‘(2) EMERGENCY CONDITION OR PRACTICE.— 
The order shall describe the condition or practice, or 
a combination of conditions and practices, that 
causes the emergency situation and promulgate 
standards and procedures for obtaining relief from 
the order. This paragraph does not affect the Sec-
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retary’s discretion under this subsection to maintain 
the order in effect for as long as the emergency situ-
ation exists. 
‘‘(3) REVIEW
OF
ORDERS.—After issuing an 
order under this subsection, the Secretary shall pro-
vide an opportunity for review of the order under 
section 554 of title 5. If a petition for review is filed 
and the review is not completed by the end of the 
30-day period beginning on the date the order was 
issued, the order stops being effective at the end of 
that period unless the Secretary decides in writing 
that the emergency situation still exists. 
‘‘(4) CIVIL ACTIONS TO COMPEL ISSUANCE OF 
ORDERS.—An employee of a rail fixed guideway pub-
lic transportation system provider who may be ex-
posed to imminent physical injury during that em-
ployment because of the Secretary’s failure, without 
any reasonable basis, to issue an order under para-
graph (1) of this subsection, or the employee’s au-
thorized representative, may bring a civil action 
against the Secretary in a district court of the 
United States to compel the Secretary to issue an 
order. The action shall be brought in the judicial 
district in which the emergency situation is alleged 
to exist, in which the employing provider has its 
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principal executive office, or in the District of Co-
lumbia. The Secretary’s failure to issue an order 
under paragraph (1) of this subsection may be re-
viewed only under section 706 of title 5. 
‘‘(i) EFFECT ON EMPLOYEE QUALIFICATIONS AND 
COLLECTIVE BARGAINING.—This section does not— 
‘‘(1) authorize the Secretary to promulgate reg-
ulations and issue orders related to qualifications of 
employees, except qualifications specifically related 
to safety; or 
‘‘(2) prohibit collective bargaining agreements 
between public transportation agencies and public 
transportation employees or their representatives, in-
cluding agreements related to qualifications of the 
employees that are not inconsistent with regulations 
and orders promulgated under this section. 
‘‘(j) PUBLIC TRANSPORTATION EMPLOYEE PROTEC-
TIONS.—Applicable provisions of the public transportation 
employee protection provisions under section 1142 of title 
6 apply to direct and indirect recipients of Federal transit 
assistance under this chapter. 
‘‘(k) JUDICIAL REVIEW.—A person adversely affected 
or aggrieved by a final action of the Secretary under this 
section or under section 5331 of this title may petition 
for review of the final action in the United States Court 
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of Appeals for the District of Columbia or in the court 
of appeals for the United States for the circuit in which 
the person resides and has its principal place of business. 
Judicial procedures require— 
‘‘(1) the petition be filed not more than 60 days 
after the Secretary’s action becomes final; 
‘‘(2) the clerk of the court immediately send a 
copy of the petition filed under paragraph (3) of this 
subsection to the Secretary; 
‘‘(3) the Secretary file with the court a record 
of any proceeding in which the final action was 
issued as provided in section 2112 of title 28; and 
‘‘(4) the court to consider an objection to a 
final action of the Secretary only if the objection was 
made in the course of the proceeding or review con-
ducted by the Secretary or if there was a reasonable 
ground for not making the objection in the pro-
ceeding.’’. 
(b) AUTHORIZATIONS.—Section 5338 of title 49, 
United States Code, is amended— 
(1) by redesignating subsections (e), (f), and 
(g) as subsections (f), (g), and (h), respectively; and 
(2) by inserting a new subsection (e) to read of 
follows: 
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‘‘(e) SAFETY PROGRAM.—There is authorized to be 
appropriated such amounts in each fiscal year as nec-
essary to administer section 5329 and to make grants or 
enter into agreements to carry out section 5329.’’; and 
(3) in subsection (h), as redesignated, by strik-
ing ‘‘and (d)’’ and inserting ‘‘(d) and (e)’’. 
(c) PROHIBITIONS AGAINST REGULATING OPER-
ATIONS AND CHARGES.—Section 5334(b)(1) of title 49, 
United States Code, is amended by inserting ‘‘or for pur-
poses of establishing and enforcing programs to improve 
the safety of the Nation’s public transportation systems, 
and reducing accidents on rail fixed guideway and bus sys-
tems for public transportation,’’ after ‘‘emergency,’’. 
(d) ALCOHOL AND CONTROLLED SUBSTANCES TEST-
ING.—Section 5331(b)(2) of title 49, United States Code, 
is amended— 
(1) by redesignating subparagraphs (A) and 
(B) as subparagraphs (B) and (C), respectively; and 
(2) by inserting a new subparagraph (A) fol-
lowing ‘‘Secretary of Transportation—’’ to read as 
follows: 
‘‘(A) shall establish and implement an en-
forcement program, including the imposition of 
penalties for failure to comply with this sec-
tion;’’. 
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(e) CONFORMING AMENDMENT; REPEAL.— 
(1) CHAPTER
ANALYSIS.—The analysis for 
chapter 53 of title 49, United States Code, is 
amended by striking the item relating to section 
5329 and inserting the following: 
‘‘5329. Public transportation safety program.’’. 
(2) REPEAL.—Section 5330 of title 49, United 
States Code, is repealed 3 years after the effective 
date of final regulations issued by the Secretary 
under section 5329 of title 49, as amended by this 
section. 
Æ 
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