,,ii #aaith ,,congress #b;d ,session ,s4 #edib ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bc1 #bjbf,mr4 ,hagerty introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to reduce crime on public transportation1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,safe ,transit ,act4 #b4 ,condition transit funding on improvements in crime 7a7 ,in general ,chapter #ec of title #di1 ,united ,states ,code1 is amended-- 7#a7 in section #ecjb-- 7,a7 by striking paragraph 7#a72 7,b7 by redesignating paragraphs 7#b7 through 7#be7 as paragraphs 7#c7 through 7#bf71 respectively2 and 7,c7 by inserting before paragraph 7#c71 as so redesignated1 the following3 7#a7 ,assault ,the term assault means a circumstance in which an individual knowingly1 without lawful authority or permission1 and with intent to endanger the personal safety of any individual1 or with a reckless disregard for the safety of human life1 puts someone in reasonable fear of imminent harmful or offensive contact or makes harmful or offensive contact with an individual4 7#b7 ,assault on a transit worker ,the term assault on a transit worker means an assault that interferes with1 disables1 or incapacitates a transit worker while the transit worker is performing the duties of the transit worker4 2 7#b7 in section #ecjg7;c77#a7-- 7,a7 striking subparagraph 7,j72 7,b7 redesignating subparagraphs 7,k7 and 7,l7 as subparagraphs 7,j7 and 7,k71 respectively2 7,c7 in subparagraph 7,j71 as so redesignated1 by striking and at the end2 and 7,d7 by adding at the end the following3 7,l7 in the case of a recipient for an urbanized area with a population of not fewer than #bjj1jjj individuals1 as determined by the ,bureau of the ,census1 that operates a minimum of #ajj buses in fixed route service or demand response service1 excluding ,,ada complementary paratransit service1 during peak service hours1 does not operate any program charging a fare of #j dollars except-- 7i7 programs described in subparagraph 7,d72 7ii7 other reduced or no-fare programs for seniors1 individuals with disabilities1 children1 students1 and veterans2 7iii7 temporary programs operated beginning not more than #f months before major events1 such as the ,world ,cup or ,olympics1 and terminating not more than #f months after such events2 7iv7 temporary programs responding to natural disasters or other declared emergencies2 7v7 programs subsidized in full that are under contract with a third party or offset by a locally adopted tax intended to subsidize fares in a specific corridor or area1 including university systems1 and downtown circulators funded by business improvement districts2 7vi7 other programs as specified in regulation2 and 2 7#c7 by amending section #ecba to read as follows3 #ecba4 ,crime prevention and personal safety 7a7 ,eligible expense ,for purposes of expending financial assistance described in section #ecbi7l77#a71 the following activities and projects shall be considered to be an eligible expense3 7#a7 ,a project to increase lighting in or adjacent to a public transportation system1 including the intercity bus portion of a ,federally funded public transportation facility and joint-use facility 7including bus stops1 subway stations1 parking lots1 and garages74 7#b7 ,a project to increase camera surveillance of an area in or adjacent to such system4 7#c7 ,a project that provides an emergency telephone line to contact law enforcement or security personnel in an area in or adjacent to such system4 7#d7 ,a project to improve farebox infrastructure across such system4 7#e7 ,a project to improve the cybersecurity of such system4 7#f7 ,a project to improve technology1 including any hardware or software investments designed to combat or report crime or improve security4 7#g7 ,a project intended to increase the security and safety of an existing or planned public transportation system4 7#h7 ,a project1 including a project for operating costs notwithstanding section #ecjg7;a77#a77;,d71 related to-- 7,a7 fare enforcement and the prevention of fare evasion2 7,b7 hiring transit officers to police on public transportation and transit stations1 including in the immediate vicinity of such stations2 7,c7 contracting with local police departments to increase officer presence on public transportation systems and related facilities1 including in the immediate vicinity of stations2 or 7,d7 other activities to reduce criminal activities on public transportation systems1 including intercity bus portions of ,federally funded public transportation facilities and joint-use facilities4 7b7 ,mandatory penalties 7#a7 ,in general ,beginning with fiscal year #bjbh1 after providing the recipient with #cj days to address the deficiency1 the ,secretary shall withhold up to #ajj percent of the assistance available to a direct recipient1 as allocated in a split letter or other similar determination of the annual apportionment of funds by a designated recipient under any formula program under this chapter for an urbanized area1 in each fiscal year in which a ,state or local government is not in compliance with paragraph 7#b74 7#b7 ,state or local government compliance ,a ,state or local government is not in compliance with this paragraph if-- 7,a7 the act of evading a fare payment for public transportation services on any mode of public transportation in the urbanized area for which a direct recipient receives assistance described under paragraph 7#a7 is not a criminal offense under the laws of such ,state or local government2 7,b7 the laws of such ,state or local government do not include a provision banning any person who has committed assault or any other violent criminal offense on a public transportation system from riding on that public transportation system2 or 7,c7 the laws of such ,state or local government permit the release pending trial of a person charged with a criminal offense on personal recognizance or upon execution of an unsecured appearance bond4 7#c7 ,public transportation services in multiple jurisdictions ,in any case in which a direct recipient provides public transportation services to more than #a ,state or jurisdiction of a local government1 the ,secretary shall ensure that the withholding of funds under paragraph 7#a7 does not adversely affect any ,state or local government jurisdiction that is in compliance with the requirements of paragraph 7#b74 7#d7 ,rule of construction ,the ,secretary may not withhold funds under paragraph 7#a7 to any recipient for which all of its service area is covered by a ,state or local policy1 or a collection of ,state or local policies1 that is in compliance with paragraph 7#b74 7#e7 ,withholding of funds 7,a7 ,in general ,if the ,secretary determines a ,state or local government comes into compliance with paragraph 7#b7 in a fiscal year in which funds are withheld to a direct recipient under paragraph 7#a71 the ,secretary shall make the amount withheld available for apportionment to the direct recipient4 7,b7 ,lapse ,any amounts withheld to a direct recipient under paragraph 7#a7 and not restored under subparagraph 7,a7 in a fiscal year shall lapse4 2 7#d7 in section #ecbi-- 7,a7 in subsection 7b77#b71 by amending subparagraph 7,a7 to read as follows3 7,a7 safety performance criteria for all modes of public transportation1 including safety performance measures related to the system safety risk reduction program under subsection 7d77#a77;,i71 the crime prevention and personal safety risk reduction program under subsection 7d77#a77;,j71 and the family friendliness program under subsection 7d77#a77,k72 2 7,b7 in subsection 7d7-- 7i7 in paragraph 7#a7-- 7,i7 by amending subparagraph 7,f7 to read as follows3 7,f7 performance targets based on the safety performance criteria and state of good repair standards established under subparagraphs 7,a7 and 7,b71 respectively1 of subsection 7b77#b72 2 7,,ii7 in subparagraph 7,h77ii7-- 7aa7 in subclause 7,i71 by adding and at the end2 7bb7 in subclause 7,,ii71 by striking and at the end2 and 7cc7 by striking subclause 7,,iii72 7,,iii7 in subparagraph 7,i7-- 7aa7 in the matter preceding clause 7i7-- 7,,aa7 by inserting system safety before risk reduction2 7,,bb7 by striking rates of accidents1 injuries1 and assaults on transit workers and inserting rates of accidents and injuries2 and 7,,cc7 by striking including-- and inserting which shall include--2 and 7bb7 by amending clause 7ii7 to read as follows3 7ii7 safety performance targets set by the ,secretary1 in consultation with appropriate law enforcement counterparts1 for operators with more than #cj vehicles across all modes or with #cj vehicles or less across all modes and that operate a fixed guideway or high intensity busway1 and operators that operate at not less than #ajj revenue vehicles in maximum service1 which targets shall-- 7,i7 notwithstanding section #eccd7k7 of this chapter and the rulemaking procedures under section #eec of title #e1 be set by the ,secretary not later than #ij days after the date of enactment of the ,safe ,transit ,act2 and 7,,ii7 upon availability of the relevant data in the national transit database1 achieve better performance than the #c-year rolling national average2 2 and 7,,iv7 by adding at the end the following3 7,j7 in the case of a recipient receiving assistance under section #ecjg that is serving an urbanized area with a population of #bjj1jjj or more1 a crime prevention and personal safety risk reduction program1 which shall include-- 7i7 the mitigation of assaults on transit workers1 including the deployment of assault mitigation infrastructure and technology on buses1 including barriers to restrict the unwanted entry of individuals and objects into the workstations of bus operators when a risk analysis performed by the safety committee of the recipient established under paragraph 7#d7 determines that such barriers or other measures would reduce assaults on transit workers and injuries to transit workers2 7ii7 strategies1 including plans and policies1 to achieve a reduction of the numbers and rates of fare evasion1 assaults on passengers1 and assaults on transit workers2 and 7iii7 safety performance targets set by the ,secretary1 in consultation with appropriate law enforcement counterparts1 for operators with more than #cj vehicles across all modes or with #cj vehicles or less across all modes and that operate a fixed guideway or high intensity busway1 and operators that operate at not less than #ajj revenue vehicles in maximum service1 which targets shall-- 7,i7 notwithstanding section #eccd7k7 of this chapter and the rulemaking procedures under section #eec of title #e1 be set by the ,secretary not later than #ij days after the date of enactment of the ,safe ,transit ,act2 and 7,,ii7 upon availability of the relevant data in the national transit database1 achieve better performance than the #c-year rolling national average2 and 7,k7 in the case of a recipient receiving assistance under section #ecjg that is serving an urbanized area with a population of #bjj1jjj or more1 a family friendliness program for transit systems to improve safety1 accessibility1 and family friendliness1 including-- 7i7 information regarding-- 7,i7 reducing crime on transit vehicles or in transit facilities2 7,,ii7 improving accessibility of transit vehicles and facilities2 7,,iii7 enhancing service reliability2 7,,iv7 increasing real-time data availability2 and 7,v7 ensuring cleanliness of transit vehicles and facilities2 7ii7 mitigations or strategies1 including plans and policies1 to improve the performance measures described in clause 7i72 7iii7 any data used by the recipient to track the performance measures in subparagraph 7i72 and 7iv7 safety performance targets set by the ,secretary1 in consultation with appropriate law enforcement counterparts1 for operators with more than #cj vehicles across all modes or with #cj vehicles or less across all modes and that operate a fixed guideway or high intensity busway1 and operators that operate at not less than #ajj revenue vehicles in maximum service1 which targets shall-- 7,i7 notwithstanding section #eccd7k7 of this chapter and the rulemaking procedures under section #eec of title #e1 be set by the ,secretary not later than #ij days after the date of enactment of the ,safe ,transit ,act2 and 7,,ii7 upon availability of the relevant data in the national transit database1 achieve better performance than the #c-year rolling national average4 2 7ii7 by striking paragraph 7#d72 and 7iii7 by redesignating paragraph 7#e7 as paragraph 7#d72 7,c7 in subsection 7g7-- 7i7 in paragraph 7#a7-- 7,i7 in the matter preceding subparagraph 7,a71 by inserting or crime prevention and personal safety after public transportation system2 and 7,,ii7 in subparagraph 7,e71 by striking not more than #be percent of financial assistance under section #ecjg and inserting place not more than #ajj percent of formula grant funding under this chapter2 7ii7 in paragraph 7#b7-- 7,i7 in subparagraph 7,a7-- 7aa7 by striking in accordance with and inserting under2 7bb7 by striking refused to comply with ,federal law relating and inserting failed to remedy a violation of ,federal law with respect2 and 7cc7 by inserting or crime prevention and personal safety after public transportation system2 and 7,,ii7 in subparagraph 7,b77ii71 by striking a reasonable period of time and inserting #cj days2 and 7,d7 by adding at the end the following3 7l7 ,set-,aside 7#a7 ,in general ,a recipient receiving assistance under section #ecjg shall allocate not less than #c percent of those funds to system safety1 crime prevention1 and personal safety-related projects eligible under section #ecba7;a71 including-- 7,a7 increased lighting in or adjacent to a public transportation system1 including bus stops1 subway stations1 parking lots1 and garages2 7,b7 enhanced camera surveillance of an area in or adjacent to a public transportation system2 7,c7 providing an emergency telephone line to contact law enforcement or security personnel in an area in or adjacent to a public transportation system2 7,d7 inward and outward facing cameras on vehicles2 7,e7 event recorders2 7,f7 operator compartment barriers2 7,g7 de-escalation training activities2 7,h7 personal protective equipment2 7,i7 improvements to operations control centers2 7,j7 security personnel1 additional transit policing1 and related activities2 and 7,k7 infrastructure to prevent fare evasion4 7#b7 ,exception ,notwithstanding paragraph 7#a71 the ,secretary may establish a lower set-aside percentage for recipients serving urbanized areas with a population of less than #bjj1jjj4 7#c7 ,required allocation ,the ,secretary may require all or a portion of the set-aside under paragraph 7#a7 to be allocated to any system safety1 crime prevention1 or personal safety-related purpose the ,secretary considers necessary to ensure the safe operation of public transportation systems or the personal safety of passengers or transit workers4 7m7 ,certification 7#a7 ,in general ,the ,secretary may award a grant using formula funds under this chapter only if the recipient certifies that the recipient has made progress toward meeting each of the performance targets set under subparagraphs 7,i71 7,j71 and 7,k7 of subsection 7d77#a74 7#b7 ,report ,each recipient subject to subparagraphs 7,i71 7,j71 and 7,k7 of subsection 7d77#a7 shall submit to the ,secretary an annual report demonstrating the progress of the recipient toward each of the performance targets set under those subparagraphs4 7#c7 ,penalties ,if the ,secretary determines the recipient has not made progress toward meeting one or more of the performance targets set under subparagraphs 7,i71 7,j71 and 7,k7 of subsection 7d77#a71 the ,secretary may1 after providing the recipient with #cj days to address the deficiency-- 7,a7 withhold not more than #ajj percent of apportioned formula funding under this chapter2 7,b7 unilaterally terminate1 in part or its entirety1 any grant using formula funds under this chapter2 7,c7 lower the rating for any of the projects for which the recipient seeking assistance under a competitive grant program under this chapter2 or 7,d7 require that any financial assistance provided under section #ecjg be spent on correcting crime prevention or personal safety deficiencies identified by the ,secretary before such funds are spent on other projects4 7n7 ,national average 7#a7 ,in general ,notwithstanding the certification of a recipient in subsection 7m71 the ,secretary may withhold formula funds from a recipient receiving assistance under section #ecjg that is serving an urbanized area with a population of #bjj1jjj or more with rates per capita of passengers for fare evasion1 assaults on passengers or transit workers that do not involve harmful or offensive contact1 assaults on transit workers or passengers that involve harmful or offensive contact1 and murder are not less than #aj percent higher than the national average for all public transportation agencies based on data reported to the national transit database under section #ecce4 7#b7 #ej percent withholding ,from recipients with rates per capita of passengers that exceed #ej percent above the national average for not less than #a of the categories of offenses described in paragraph 7#a71 the ,secretary may withhold not more than #ej percent of all formula funding under this chapter4 7#c7 #be percent withholding ,from recipients whose rates per capita of passengers that are more than #be percent but less than #ej percent above the national average for not less than #a of the categories of offenses described in paragraph 7#a71 the ,secretary may withhold not more than #be percent of all formula funding under this chapter4 7o7 ,inward and outward facing cameras and event recorders ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall prescribe regulations requiring rail or bus rolling stock vehicles procured with financial assistance made available under this chapter after the effective date of the regulations to be equipped with inward and outward facing cameras and event recorders1 including-- 7#a7 requirements regarding how video footage of vehicle operators may be used2 and 7#b7 minimum parameters for maintaining data from such cameras and event recorders4 2 and 7b7 in section #ecce-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#b7-- 7i7 by inserting or passengers of the public transportation systems that involve harmful or offensive contact after workers2 7ii7 by striking recipients and inserting recipient2 and 7iii7 by striking and at the end2 7,b7 redesignating paragraph 7#c7 as paragraph 7#e72 and 7,c7 inserting after paragraph 7#b7 the following3 7#c7 any data on assaults on transit workers or passengers of the public transportation system of the recipient that do not involve harmful or offensive contact2 7#d7 any data on fare evasion in the public transportation systems of the recipient2 and 2 and 7#b7 by adding at the end the following3 7d7 ,data collection 7#a7 ,in general ,each recipient receiving assistance under section #ecjg that is serving an urbanized area with a population of #bjj1jjj or more shall develop an electronic application that allows passengers of its public transportation systems to report instances of assaults1 including assaults that do not involve harmful or offensive contact1 and other safety deficiencies4 7#b7 ,standards ,not later than #ij days after the date of enactment of this subsection1 the ,secretary shall set standards for the electronic application to which recipients shall adhere under paragraph 7#a74 7#c7 ,report ,all relevant data collected through the electronic application developed under paragraph 7#a7 shall be reported to the national transit database consistent with subsection 7c74 4 7c7 ,reports ,section #aaaf of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#b71 by inserting reduce assaults and other criminal activity on transportation systems and before minimize2 and 7#b7 in subsection 7b77#a71 by inserting assaults1 criminal activity1 and after avoiding4 7d7 ,technical and conforming amendment ,the table of sections for chapter #ec of title #di1 ,united ,states ,code1 is amended by striking the item relating to section #ecba and inserting the following3 #ecba4 ,crime prevention and personal safety4 4 #c4 ,establishing minimum performance standards for infrastructure to prevent fare evasion 7a7 ,requirements ,notwithstanding section #eccd7k7 of title #di1 ,united ,states ,code1 and the rulemaking procedures under section #eec of title #e1 ,united ,states ,code1 not later than #ij days after the date of enactment of this ,act1 the ,secretary shall establish minimum performance standards for infrastructure to prevent fare evasion under the national public transportation safety plan1 which shall not be revised except by law4 7b7 ,consideration ,in establishing the minimum performance standards under subsection 7a71 the ,secretary shall consider-- 7#a7 different fare collection needs of different modes of public transportation2 7#b7 differences in operating environments2 7#c7 the use of technology in fare collection enforcement2 7#d7 existing experience1 from agencies that already are using or testing infrastructure to prevent fare evasion2 and 7#e7 the impact of the performance standards on future rolling stock procurements and vehicles currently in revenue service4 7c7 ,condition ,in the case of a recipient for an urbanized area with a population of not fewer than #bjj1jjj individuals1 as determined by the ,bureau of the ,census1 as a condition of financial assistance under any formula program under chapter #ec of title #di1 ,united ,states ,code1 for fiscal year #bjbg1 the recipient shall certify that the recipient will acquire in the following fiscal year infrastructure to prevent fare evasion meeting the minimum performance standards established under the national public transportation safety plan under subsection 7a7 for all stations1 terminals1 and rolling stock within its public transportation system4 7d7 ,savings clause ,nothing in this section may be construed as prohibiting the ,secretary of ,transportation from issuing different comprehensive standards for infrastructure to prevent fare evasion4 #d4 ,family friendly transit scorecard 7a7 ,rail station or bus terminal defined ,in this section1 the term rail station or bus terminal means-- 7#a7 a station facility where a public transportation operator has physically posted1 as of the date of enactment of this ,act1 a system map1 code of conduct1 or arrivals and departures board2 and 7#b7 a new station facility1 or an improvement to an existing facility1 where a public transportation operator posts a system map1 code of conduct1 or arrivals and departures board4 7b7 ,requirements ,the ,secretary of ,transportation shall establish a methodology to aggregate data submitted to ,federal ,transit ,administration under section #ecbi7m77#b7 of title #di1 ,united ,states ,code1 related to the performance targets set under subsection 7d77#a77,k7 of section #ecbi of such title1 in the form of an annual ,family ,friendly ,transit ,scorecard1 which assigns a letter grade for each public transportation system4 7c7 ,condition ,in the case of a recipient for an urbanized area with a population of not fewer than #bjj1jjj individuals1 as determined by the ,bureau of the ,census1 as a condition of financial assistance under any formula program under chapter #ec of title #di1 the recipient shall certify that the recipient has prominently displayed at each rail station and bus terminal within the recipient's public transportation system and published on the recipient's website-- 7#a7 the letter grade for the ,family ,friendly ,transit ,scorecard2 and 7#b7 the image of any person captured by security camera in the act of committing any crime on the public transportation system1 including information identifying the crime committed1 not later than #g days after the commission of the crime for a period of not less than #de days4 7d7 ,waiver ,the ,federal ,transit ,administration may waive the requirement under subsection 7c77#b7 for any rail station or bus terminal where the recipient certifies that the recipient would be impracticable to display such information4