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49 U.S.C. § 20105 — State participation
Federal law — U.S. Code and appendices · legal_authorities
**(a) Investigative and Surveillance Activities.—** The Secretary concerned may prescribe investigative and surveillance activities necessary to enforce the safety regulations prescribed and orders issued by the Secretary 11 So in original. Probably should be “Secretary concerned”. that apply to railroad equipment, facilities, rolling stock, and operations in a State. The State may participate in those activities when the safety practices for railroad equipment, facilities, rolling stock, and operations in the State are regulated by a State authority and the authority submits to the Secretary concerned an annual certification as provided in subsection (b) of this section.
**(b) Annual Certification.—**
(1) A State authority’s annual certification must include—
(A) a certification that the authority—
(i) has regulatory jurisdiction over the safety practices for railroad equipment, facilities, rolling stock, and operations in the State;
(ii) was given a copy of each safety regulation prescribed and order issued by the Secretary concerned, that applies to the equipment, facilities, rolling stock, or operations, as of the date of certification; and
(iii) is conducting the investigative and surveillance activities prescribed by the Secretary concerned under subsection (a) of this section; and
(B) a report, in the form the Secretary concerned prescribes by regulation, that includes—
(i) the name and address of each railroad carrier subject to the safety jurisdiction of the authority;
(ii) each accident or incident reported during the prior 12 months by a railroad carrier involving a fatality, personal injury requiring hospitalization, or property damage of more than $750 (or a higher amount prescribed by the Secretary concerned), and a summary
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 20105
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Source file: Laws/federal/codes/united-states-code/title-49/section-20105-state-participation--8159c28d70.md
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Source location: Title 49, Chapter 201, § 20105; chapter-201-general.md
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**(a) Investigative and Surveillance Activities.—** The Secretary concerned may prescribe investigative and surveillance activities necessary to enforce the safety regulations prescribed and orders issued by the Secretary 11 So in original. Probably should be “Secretary concerned”. that apply to railroad equipment, facilities, rolling stock, and operations in a State. The State may participate in those activities when the safety practices for railroad equipment, facilities, rolling stock, and operations in the State are regulated by a State authority and the authority submits to the Secretary concerned an annual certification as provided in subsection (b) of this section.
**(b) Annual Certification.—**
(1) A State authority’s annual certification must include—
(A) a certification that the authority—
(i) has regulatory jurisdiction over the safety practices for railroad equipment, facilities, rolling stock, and operations in the State;
(ii) was given a copy of each safety regulation prescribed and order issued by the Secretary concerned, that applies to the equipment, facilities, rolling stock, or operations, as of the date of certification; and
(iii) is conducting the investigative and surveillance activities prescribed by the Secretary concerned under subsection (a) of this section; and
(B) a report, in the form the Secretary concerned prescribes by regulation, that includes—
(i) the name and address of each railroad carrier subject to the safety jurisdiction of the authority;
(ii) each accident or incident reported during the prior 12 months by a railroad carrier involving a fatality, personal injury requiring hospitalization, or property damage of more than $750 (or a higher amount prescribed by the Secretary concerned), and a summary of the authority’s investigation of the cause and circumstances surrounding the accident or incident;
(iii) the record maintenance, reporting, and inspection practices conducted by the authority to aid the Secretary concerned in enforcing railroad safety regulations prescribed and orders issued by the Secretary concerned, including the number of inspections made of railroad equipment, facilities, rolling stock, and operations by the authority during the prior 12 months; and
(iv) other information the Secretary concerned requires.
(2) An annual certification applies to a safety regulation prescribed or order issued after the date of the certification only if the State authority submits an appropriate certification to provide the necessary investigative and surveillance activities.
(3) If, after receipt of an annual certification, the Secretary concerned decides the State authority is not complying satisfactorily with the investigative and surveillance activities prescribed under subsection (a) of this section, the Secretary concerned may reject any part of the certification or take other appropriate action to achieve adequate enforcement. The Secretary concerned must give the authority notice and an opportunity for a hearing before taking action under this paragraph. When the Secretary concerned gives notice, the burden of proof is on the authority to show that it is complying satisfactorily with the investigative and surveillance activities prescribed by the Secretary concerned.
**(c) Agreement When Certification Not Received.—**
(1) If the Secretary concerned does not receive an annual certification under subsection (a) of this section related to any railroad equipment, facility, rolling stock, or operation, the Secretary concerned may make an agreement with a State authority for the authority to provide any part of the investigative and surveillance activities prescribed by the Secretary concerned as necessary to enforce the safety regulations and orders applicable to the equipment, facility, rolling stock, or operation.
(2) The Secretary concerned may terminate any part of an agreement made under this subsection on finding that the authority has not provided every part of the investigative and surveillance activities to which the agreement relates. The Secretary concerned must give the authority notice and an opportunity for a hearing before making such a finding. The finding and termination shall be published in the Federal Register and may not become effective for at least 15 days after the date of publication.
**(d) Agreement for Investigative and Surveillance Activities.—** In addition to providing for State participation under this section, the Secretary concerned may make an agreement with a State to provide investigative and surveillance activities related to the duties under chapters 203–213 of this title (in the case of the Secretary of Transportation) and duties under [section 114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section114&num=0&edition=prelim) (in the case of the Secretary of Homeland Security).
**(e) Payment.—** On application by a State authority that has submitted a certification under subsections (a) and (b) of this section or made an agreement under subsection (c) or (d) of this section, the Secretary concerned shall pay not more than 50 percent of the cost of the personnel, equipment, and activities of the authority needed, during the next fiscal year, to carry out a safety program under the certification or agreement. However, the Secretary concerned may pay an authority only when the authority assures the Secretary concerned that it will provide the remaining cost of the safety program and that the total State money expended for the safety program, excluding grants of the United States Government, will be at least as much as the average amount expended for the fiscal years that ended June 30, 1969, and June 30, 1970.
**(f) Monitoring.—** The Secretary concerned may monitor State investigative and surveillance practices and carry out other inspections and investigations necessary to help enforce this chapter (in the case of the Secretary of Transportation) and duties under [section 114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section114&num=0&edition=prelim) (in the case of the Secretary of Homeland Security).
**(g) Definitions.—** In this section—
(1) the term “safety” includes security; and
(2) the term “Secretary concerned” means—
(A) the Secretary of Transportation, with respect to railroad safety matters concerning such Secretary under laws administered by that Secretary; and
(B) the Secretary of Homeland Security, with respect to railroad safety matters concerning such Secretary under laws administered by that Secretary.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Transportation Security Administration shall be an administration of the Department of Homeland Security.
**(b) Leadership.—**
(1) **Head of transportation security administration.—**
(A) *Appointment.—* — The head of the Administration shall be the Administrator of the Transportation Security Administration (referred to in this section as the “Administrator”). The Administrator shall be appointed by the President, by and with the advice and consent of the Senate.
(B) *Qualifications.—* — The Administrator must—
(i) be a citizen of the United States; and
(ii) have experience in a field directly related to transportation or security.
(C) *Term.—* — Effective with respect to any individual appointment by the President, by and with the advice and consent of the Senate, after the date of enactment of the TSA Modernization Act, the term of office of an individual appointed as the Administrator shall be 5 years. The term of office of an individual serving as the Administrator on the date of enactment of the TSA Modernization Act shall be 5 years beginning on the date that the Administrator began serving.
(2) **Deputy administrator.—**
(A) *Appointment.—* — There is established in the Transportation Security Administration a Deputy Administrator, who shall assist the Administrator in the management of the Transportation Security Administration. The Deputy Administrator shall be appointed by the President.
(B) *Vacancy.—* — The Deputy Administrator shall be Acting Administrator during the absence or incapacity of the Administrator or during a vacancy in the office of Administrator.
(C) *Qualifications.—* — The Deputy Administrator must—
(i) be a citizen of the United States; and
(ii) have experience in a field di
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 114
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Activities** The Center shall—
(1) receive, aggregate, analyze, and secure, using processes consistent with the processes developed pursuant to the Cybersecurity Information Sharing Act of 2015 ([6 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section1501&num=0&edition=prelim) et seq.) reports from covered entities related to a covered cyber incident to assess the effectiveness of security controls, identify tactics, techniques, and procedures adversaries use to overcome those controls and other cybersecurity purposes, including to assess potential impact of cyber incidents on public health and safety and to enhance situational awareness of cyber threats across critical infrastructure sectors;
(2) coordinate and share information with appropriate Federal departments and agencies to identify and track ransom payments, including those utilizing virtual currencies;
(3) leverage information gathered about cyber incidents to—
(A) enhance the quality and effectiveness of information sharing and coordination efforts with appropriate entities, including agencies, sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, critical infrastructure owners and operators, cybersecurity and cyber incident response firms, and security researchers; and
(B) provide appropriate entities, including sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, cybersecurity and cyber incident response firms, and security researchers, with timely, actionable, and anonymized reports of cyber incident campaigns and trends, including, to the maximum extent practicable
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
A regulation, standard, or requirement in force, or prescribed by the Secretary of Transportation under chapter 201 of title 49 or by a State agency that is participating in investigative and surveillance activities under [section 20105 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20105&num=0&edition=prelim), is deemed to be a statute under sections 53 and 54 of this title.
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 54a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General.—** The Secretary of Transportation shall carry out, as necessary, research, development, testing, evaluation, and training for every area of railroad safety.
**(b) Contracts.—** To carry out this part, the Secretary may make contracts for, and carry out, research, development, testing, evaluation, and training (particularly for those areas of railroad safety found to need prompt attention).
**(c) Amounts From Non-Government Sources for Training Safety Employees.—** The Secretary may request, receive, and expend amounts received from non-United States Government sources for expenses incurred in training safety employees of private industry, State and local authorities, or other public authorities, except State rail safety inspectors participating in training under [section 20105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20105&num=0&edition=prelim).
**(d) Facilities.—** The Secretary may erect, alter, and repair buildings and make other public improvements to carry out necessary railroad research, safety, and training activities at the Transportation Technology Center in Pueblo, Colorado.
**(e) Offsetting Collections.—** The Secretary may collect fees or rents from facility users to offset appropriated amounts for the cost of providing facilities or research, development, testing, training, or other services, including long-term sustainment of the on-site physical plant.
**(f) Revolving Fund.—** Amounts appropriated to carry out subsection (d) and all fees and rents collected pursuant to subsection (e) shall be credited to a revolving fund and remain available until expended. The Secretary may use such fees and rents for operation, maintenance, repair, or improvement of the Transportation Technology Cent
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 20108
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Injunctive Relief.—** If the Secretary of Transportation does not begin a civil action under [section 20112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20112&num=0&edition=prelim) to enjoin the violation of a railroad safety regulation prescribed or order issued by the Secretary not later than 15 days after the date the Secretary receives notice of the violation and a request from a State authority participating in investigative and surveillance activities under [section 20105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20105&num=0&edition=prelim) that the action be brought, the authority may bring a civil action in a district court of the United States to enjoin the violation. This subsection does not apply if the Secretary makes an affirmative written finding that the violation did not occur or that the action is not necessary because of other enforcement action taken by the Secretary related to the violation.
**(b) Imposition and Collection of Civil Penalties.—** If the Secretary does not impose the applicable civil penalty for a violation of a railroad safety regulation prescribed or order issued by the Secretary not later than 60 days after the date of receiving notice from a State authority participating in investigative and surveillance activities under [section 20105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20105&num=0&edition=prelim), the authority may bring a civil action in a district court of the United States to impose and collect the penalty. This paragraph does not apply if the Secretary makes an affirmative written finding that the violation did not occur.
**(c) Venue.—** A civil action under this section
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 20113
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Federal law — U.S. Code and appendices · legal_authorities
Page 556
TITLE 49—TRANSPORTATION
§ 20104
1 So in original. Probably should be ‘‘Secretary concerned’’.
‘‘(d) REVIEW OF DATA.—
‘‘(1) IN GENERAL.—The Secretary shall establish a
program to periodically review bridge inspection and
maintenance data from railroad carrier bridge inspec-
tors and Federal Railroad Administration bridge ex-
perts.
‘‘(2) AVAILABILITY OF BRIDGE CONDITION.—
‘‘(A) IN GENERAL.—A State or political subdivision
of a State may file a request with the Secretary for
a public version of a bridge inspection report gen-
erated under subsection (b)(5) for a bridge located
in such State or political subdivision’s jurisdiction.
‘‘(B) PUBLIC VERSION OF REPORT.—If the Secretary
determines that the request is reasonable, the Sec-
retary shall require a railroad to submit a public
version of the most recent bridge inspection report,
such as a summary form, for a bridge subject to a
request under subparagraph (A). The public version
of a bridge inspection report shall include the date
of last inspection, length of bridge, location of
bridge, type of bridge, type of structure, feature
crossed by bridge, and railroad contact informa-
tion, along with a general statement on the condi-
tion of the bridge.
‘‘(C) PROVISION OF REPORT.—The Secretary shall
provide to a State or political subdivision of a
State a public version of a bridge inspection report
submitted under subparagraph (B).
‘‘(D) TECHNICAL ASSISTANCE.—The Secretary, upon
the reasonable request of State or political subdivi-
sion of a State, shall provide technical assistance
to such State or political subdivision of a State to
facilitate the understanding of a bridge inspection
report.’’
[For definitions of ‘‘Secretary’’, ‘‘railroad’’, and
‘‘railroad carrier’’, as used in section 41
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 20105
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