49 U.s.c. 5330

§ 5330

TITLE 49—TRANSPORTATION

vestigations of safety hazards and security risks for
provisions relating to investigation of safety hazards.

§ 5330. State safety oversight
(a) APPLICATION.—This section shall only
apply to—
(1) States that have rail fixed guideway public transportation systems that are not subject to regulation by the Federal Railroad Administration; and
(2) States that are designing rail fixed guideway public transportation systems that will
not be subject to regulation by the Federal
Railroad Administration.
(b) GENERAL AUTHORITY.—The Secretary of
Transportation may withhold not more than 5
percent of the amount required to be appropriated for use in a State or urbanized area in
the State under section 5307 of this title for a
fiscal year beginning after September 30, 1994, if
the State in the prior fiscal year has not met
the requirements of subsection (c) of this section and the Secretary decides the State is not
making an adequate effort to comply with subsection (c).
(c) STATE REQUIREMENTS.—A State meets the
requirements of this section if the State—
(1) establishes and is carrying out a safety
program plan for each fixed guideway public
transportation system in the State that establishes at least safety requirements, lines of authority, levels of responsibility and accountability, and methods of documentation for the
system; and
(2) designates a State authority as having
responsibility—
(A) to require, review, approve, and monitor the carrying out of each plan;
(B) to investigate hazardous conditions
and accidents on the systems; and
(C) to require corrective action to correct
or eliminate those conditions.
(d) MULTISTATE INVOLVEMENT.—When more
than one State is subject to this section in connection with a single public transportation authority, the affected States shall ensure uniform
safety standards and enforcement or shall designate an entity (except the public transportation authority) to ensure uniform safety
standards and enforcement and to meet the requirements of subsection (c) of this section.
(e) AVAILABILITY OF WITHHELD AMOUNTS.—(1)
An amount withheld under subsection (b) of this
section remains available for apportionment for
use in the State until the end of the 2d fiscal
year after the fiscal year for which the amount
may be appropriated.
(2) If a State meets the requirements of subsection (c) of this section before the last day of
the period for which an amount withheld under
subsection (b) of this section remains available
under paragraph (1) of this subsection, the Secretary, on the first day on which the State
meets the requirements, shall apportion to the
State the amount withheld that remains available for apportionment for use in the State. An
amount apportioned under this paragraph remains available until the end of the 3d fiscal
year after the fiscal year in which the amount is
apportioned. An amount not obligated at the

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end of the 3-year period shall be apportioned for
use in other States under section 5336 of this
title.
(3) If a State does not meet the requirements
of subsection (c) of this section at the end of the
period for which an amount withheld under subsection (b) of this section remains available
under paragraph (1) of this subsection, the
amount shall be apportioned for use in other
States under section 5336 of this title.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 831;
Pub. L. 109–59, title III, §§ 3002(b)(4), 3029(a), Aug.
10, 2005, 119 Stat. 1545, 1625.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

5330(a) ........

49 App.:1624(d).

5330(b) ........
5330(c) ........

49 App.:1624(a).
49 App.:1624(b)(1),
(2).
49 App.:1624(b)(3).
49 App.:1624(c).
49 App.:1624(e).

5330(d) ........
5330(e) ........
5330(f) ........

Source (Statutes at Large)
July 9, 1964, Pub. L. 88–365,
78 Stat. 302, § 28; added
Dec. 18, 1991, Pub. L.
102–240, § 3029, 105 Stat.
2116.

In subsection (e)(1), the words ‘‘under subsection (a)
of this section from apportionment for use in any State
in a fiscal year’’ are omitted as surplus.
In subsection (e)(2) and (3), the words ‘‘from apportionment’’ and ‘‘for apportionment for use in a State’’
are omitted as surplus.
AMENDMENTS
2005—Pub. L. 109–59, § 3029(a)(1), substituted ‘‘State
safety oversight’’ for ‘‘Withholding amounts for noncompliance with safety requirements’’ in section catchline.
Subsec. (a). Pub. L. 109–59, § 3029(a)(1), added subsec.
(a) and struck out heading and text of former subsec.
(a). Text read as follows: ‘‘This section applies only to
States that have rail fixed guideway mass transportation systems not subject to regulation by the Federal
Railroad Administration.’’
Subsec. (c)(1). Pub. L. 109–59, § 3002(b)(4), substituted
‘‘public transportation’’ for ‘‘mass transportation’’.
Subsec. (d). Pub. L. 109–59, § 3029(a)(2), substituted
‘‘shall ensure uniform safety standards and enforcement or shall designate’’ for ‘‘may designate’’.
Pub. L. 109–59, § 3002(b)(4), substituted ‘‘public transportation’’ for ‘‘mass transportation’’ in two places.
Subsec. (f). Pub. L. 109–59, § 3029(a)(3), struck out
heading and text of subsec. (f). Text read as follows:
‘‘Not later than December 18, 1992, the Secretary shall
prescribe regulations stating the requirements for complying with subsection (c) of this section.’’

§ 5331. Alcohol and controlled substances testing
(a) DEFINITIONS.—In this section—
(1) ‘‘controlled substance’’ means any substance under section 102 of the Comprehensive
Drug Abuse Prevention and Control Act of 1970
(21 U.S.C. 802) whose use the Secretary of
Transportation decides has a risk to transportation safety.
(2) ‘‘person’’ includes any entity organized or
existing under the laws of the United States, a
State, territory, or possession of the United
States, or a foreign country.
(3) ‘‘public transportation’’ means any form
of public transportation, except a form the
Secretary decides is covered adequately, for
employee alcohol and controlled substances
testing purposes, under section 20140 or 31306