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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10902 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 10902
To reduce crime on public transportation, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 22, 2026
Mr. Van Drew introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To reduce crime on public transportation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Transit Act''.
SEC. 2. CONDITION TRANSIT FUNDING ON IMPROVEMENTS IN CRIME.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended--
(1) in section 5302--
(A) by redesignating paragraphs (2) through (25) as
paragraphs (3) through (26), respectively; and
(B) by striking paragraph (1) and inserting the
following:
``(1) Assault.--The term `assault' means a circumstance in
which an individual knowingly, without lawful authority or
permission, and with intent to endanger the personal safety of
any individual, or with a reckless disregard for the safety of
human life, puts someone in reasonable fear of imminent harmful
or offensive contact or makes harmful or offensive contact with
an individual.
``(2) Assault on a transit worker.--The term `assault on a
transit worker' means an assault that interferes with,
disables, or incapacitates a transit worker while the transit
worker is performing the duties of the transit worker.'';
(2) in section 5307(c)(1)--
(A) by striking subparagraph (J);
(B) by redesignating subparagraphs (K) and (L) as
subparagraphs (J) and (K), respectively;
(C) in subparagraph (J), as so redesignated, by
striking ``and'' at the end; and
(D) by adding at the end the following:
``(L) in the case of a recipient for an urbanized
area with a population of not fewer than 200,000
individuals, as determined by the Bureau of the Census,
that operates a minimum of 100 buses in fixed route
service or demand response service, excluding ADA
complementary paratransit service, during peak service
hours, does not operate any program charging a fare of
$0 except--
``(i) a program to reduced or no-fare
programs for seniors, individuals with
disabilities, children, students, and veterans,
including a project described in subparagraph
(D);
``(ii) a temporary program operated
beginning not more than 6 months before the
beginning of a major event, such as the World
Cup or Olympics, and terminating not more than
6 months after the conclusion of such event;
``(iii) a temporary program for purposes of
responding to a natural disaster or declared
emergency;
``(iv) a fully subsidized program that is
operated by a third-party pursuant to a
contract, or offset by a locally adopted tax
intended to subsidize fares in a specific
corridor or area, such as a university transit
system or a downtown circulator funded by a
business improvement district; and
``(v) other programs as specified in
regulation; and'';
(3) by amending section 5321 to read as follows:
``Sec. 5321. Crime prevention and personal safety
``(a) Eligible Expense.--For purposes of expending financial
assistance described in section 5329(l)(1), the following activities
and projects shall be considered to be an eligible expense:
``(1) A project to increase lighting in or adjacent to a
public transportation system, including the intercity bus
portion of a federally funded public transportation facility
and joint-use facility (including bus stops, subway stations,
parking lots, and garages).
``(2) A project to increase camera surveillance of an area
in or adjacent to such system.
``(3) A project to provide an emergency telephone line in
an area in or adjacent to such system for use contacting law
enforcement or security personnel.
``(4) A project to improve farebox infrastructure of such
system.
``(5) A project to improve the cybersecurity of such
system.
``(6) A project to improve technology use in such system,
including any hardware or software investments designed to
combat or report crime or improve security.
``(7) A project intended to increase the security and
safety of a public transportation system, including a planned
public transportation system.
``(8) A project, including a project for operating costs
notwithstanding section 5307(a)(1)(D), related to--
``(A) fare enforcement and the prevention of fare
evasion;
``(B) hiring transit officers to police on public
transportation and transit stations, including in the
immediate vicinity of such stations;
``(C) contracting with local police departments to
increase officer presence on public transportation
systems and related facilities, including in the
immediate vicinity of stations; or
``(D) other activities to reduce criminal
activities on public transportation systems, including
intercity bus portions of federally funded public
transportation facilities and joint-use facilities.
``(b) Mandatory Penalties.--
``(1) In general.--Beginning with fiscal year 2028, after
providing the recipient with 30 days to address the deficiency,
the Secretary shall withhold up to 100 percent of the
assistance available to a direct recipient, as allocated in a
split letter or other similar determination of the annual
apportionment of funds by a designated recipient under section
5307, in each fiscal year in which a State or local government
is not in compliance with paragraph (2).
``(2) State or local government compliance.--A State or
local government is not in compliance with this paragraph if--
``(A) the act of evading a fare payment for public
transportation services in the urbanized area for which
a direct recipient receives assistance described under
paragraph (1) is not a criminal offense under the laws
of such State or local government;
``(B) the laws of such State or local government do
not provide that a person determined to have committed
a violent criminal offense, including assault, on a
public transportation system is to be banned from
riding on a public transportation system in such State
or local government jurisdiction; or
``(C) the laws of such State or local government
permit an individual charged with a criminal offense in
such State or local government jurisdiction to be
released, pending trial, without such individual
executing a bail bond with solvent sureties in whatever
amount is reasonably necessary to assure the appearance
of the individual for proceedings related to such
offense.
``(3) Public transportation services in multiple
jurisdictions.--In any case in which a direct recipient
provides public transportation services to more than 1 State or
jurisdiction of a local government, the Secretary shall ensure
that the withholding of funds under paragraph (1) does not
adversely affect any State or local government jurisdiction
that is in compliance with the requirements of paragraph (2).
``(4) Rule of construction.--The Secretary may not withhold
funds under paragraph (1) to any recipient for which all of its
service area is covered by a State or local policy, or a
collection of State or local policies, that is in compliance
with paragraph (2).
``(5) Withholding of funds.--
``(A) In general.--If the Secretary determines a
State or local government comes into compliance with
paragraph (2) in a fiscal year in which funds are
withheld to a direct recipient under paragraph (1), the
Secretary shall make the amount withheld available for
apportionment to the direct recipient.
``(B) Lapse.--Any amounts withheld to a direct
recipient under paragraph (1) and not restored under
subparagraph (A) in a fiscal year shall lapse.
``(c) Direct Recipient Defined.--In this section, the term `direct
recipient' means a public entity that receives funding directly from
the Federal Transit Administration to carry out grants in urbanized
areas pursuant to section 5307, which may include a designated
recipient.'';
(4) in section 5329--
(A) in subsection (b)(2), by amending subparagraph
(A) to read as follows:
``(A) safety performance criteria for all modes of
public transportation, including safety performance
measures related to the system safety risk reduction
program under subsection (d)(1)(I), the crime
prevention and personal safety risk reduction program
under subsection (d)(1)(J), and the family friendliness
program under subsection (d)(1)(K);'';
(B) in subsection (d)--
(i) in paragraph (1)--
(I) by amending subparagraph (F) to
read as follows:
``(F) performance targets based on the safety
performance criteria and state of good repair standards
established under subparagraphs (A) and (B),
respectively, of subsection (b)(2);'';
(II) in subparagraph (H)(ii)--
(aa) in subclause (I), by
adding ``and'' at the end;
(bb) in subclause (II), by
striking ``and'' at the end;
and
(cc) by striking subclause
(III);
(III) in subparagraph (I)--
(aa) in the matter
preceding clause (i)--
(AA) by inserting
``system safety''
before ``risk
reduction''; and
(BB) by striking
``rates of accidents,
injuries, and assaults
on transit workers''
and inserting ``rates
of accidents and
injuries''; and
(bb) by amending clause
(ii) to read as follows:
``(ii) safety performance targets set by
the Secretary, in consultation with appropriate
law enforcement counterparts, for operators
with more than 30 vehicles across all modes or
with 30 vehicles or less across all modes and
that operate a fixed guideway or high intensity
busway, and operators that operate at not less
than 100 revenue vehicles in maximum service,
which targets shall--
``(I) notwithstanding section
5334(k) of this chapter and the
rulemaking procedures under section 553
of title 5, be set by the Secretary not
later than 90 days after the date of
enactment of the Safe Transit Act; and
``(II) upon availability of the
relevant data in the national transit
database, achieve better performance
than the 3-year rolling national
average;''; and
(IV) by adding at the end the
following:
``(J) in the case of a recipient receiving
assistance under section 5307 that is serving an
urbanized area with a population of 200,000 or more, as
determined by the Bureau of the Census, a crime
prevention and personal safety risk reduction program,
including--
``(i) the mitigation of assaults on transit
workers, including the deployment of assault
mitigation infrastructure and technology on
buses, 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 (4)
determines that such barriers or other measures
would reduce assaults on transit workers and
injuries to transit workers;
``(ii) strategies, including plans and
policies, to achieve a reduction of the numbers
and rates of fare evasion, assaults on
passengers, and assaults on transit workers;
and
``(iii) safety performance targets set by
the Secretary, in consultation with appropriate
law enforcement counterparts, for operators
with more than 30 vehicles across all modes or
with 30 vehicles or less across all modes and
that operate a fixed guideway or high intensity
busway, and operators that operate at not less
than 100 revenue vehicles in maximum service,
which targets shall--
``(I) notwithstanding section
5334(k) of this chapter and the
rulemaking procedures under section 553
of title 5, be set by the Secretary not
later than 90 days after the date of
enactment of the Safe Transit Act; and
``(II) upon availability of the
relevant data in the national transit
database, achieve better performance
than the 3-year rolling national
average; and
``(K) in the case of a recipient receiving
assistance under section 5307 that is serving an
urbanized area with a population not fewer than 200,000
individuals, as determined by the Bureau of the Census,
a family friendliness program for transit systems to
improve safety, accessibility, and family friendliness,
including--
``(i) information regarding--
``(I) reducing crime on transit
vehicles or in transit facilities;
``(II) improving accessibility of
transit vehicles and facilities;
``(III) enhancing service
reliability;
``(IV) increasing real-time data
availability; and
``(V) ensuring cleanliness of
transit vehicles and facilities;
``(ii) mitigations or strategies, including
plans and policies, to improve the performance
measures described in clause (i);
``(iii) any data used by the recipient to
track the performance measures in subparagraph
(i); and
``(iv) safety performance targets set by
the Secretary, in consultation with appropriate
law enforcement counterparts, for operators
with more than 30 vehicles across all modes or
with 30 vehicles or less across all modes and
that operate a fixed guideway or high intensity
busway, and operators that operate at not less
than 100 revenue vehicles in maximum service,
which targets shall--
``(I) notwithstanding section
5334(k) of this chapter and the
rulemaking procedures under section 553
of title 5, be set by the Secretary not
later than 90 days after the date of
enactment of the Safe Transit Act; and
``(II) upon availability of the
relevant data in the national transit
database, achieve better performance
than the 3-year rolling national
average.'';
(ii) by striking paragraph (4); and
(iii) by redesignating paragraph (5) as
paragraph (4);
(C) in subsection (g)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), by inserting ``or
crime prevention and personal safety''
after ``public transportation system'';
and
(II) in subparagraph (E), by
striking ``not more than 25 percent of
financial assistance under section
5307'' and inserting place ``not more
than 100 percent of formula grant
funding under this chapter''; and
(ii) in paragraph (2)--
(I) in subparagraph (A)--
(aa) by striking ``in
accordance with'' and inserting
``under'';
(bb) by striking ``refused
to comply with Federal law
relating'' and inserting
``failed to remedy a violation
of Federal law with respect'';
and
(cc) by inserting ``or
crime prevention and personal
safety'' after ``public
transportation system''; and
(II) in subparagraph (B)(ii), by
striking ``a reasonable period of
time'' and inserting ``30 days''; and
(D) by adding at the end the following:
``(l) Set-Aside.--
``(1) In general.--Except as provided in paragraph (2), a
recipient of assistance under section 5307 shall allocate not
less than 3 percent of such assistance for use carrying out 1
or more projects, in compliance with such section, to improve
public transportation system safety, crime prevention, and
personal safety-related projects eligible under section
5321(a), including projects to--
``(A) increase lighting in or adjacent to a public
transportation system, including bus stops, subway
stations, parking lots, and garages;
``(B) enhance camera surveillance of an area in or
adjacent to a public transportation system;
``(C) provide an emergency telephone line in an
area in or adjacent to a public transportation system
for use contacting law enforcement or security
personnel;
``(D) install inward and outward facing cameras on
transit vehicles;
``(E) install event recorders;
``(F) install operator compartment barriers;
``(G) carry out de-escalation training activities;
``(H) provide personal protective equipment;
``(I) make improvements to operations control
centers;
``(J) hire security personnel and additional
transit policing, and carry out related activities; or
``(K) install infrastructure to prevent fare
evasion.
``(2) Exception.--Notwithstanding paragraph (1), the
Secretary may permit a recipient of assistance under section
5307 that serves an urbanized area with a population of fewer
than 200,000 individuals, as determined by the Bureau of the
Census, to allocate less than 3 percent of such assistance to
projects described under paragraph (1).
``(3) Required allocation.--The Secretary may require a
recipient of assistance under section 5307 to use up to 100
percent of all assistance allocated under paragraph (1) on 1 or
more projects chosen by the Secretary and determined by the
Secretary to be necessary to ensure the safe operation of a
public transportation system, the personal safety of transit
passengers, or the safety of transit workers in the
jurisdiction of the recipient.
``(m) Certification.--
``(1) In general.--As a condition of receiving a formula
grant under this chapter, each recipient of such a grant that
is subject to subparagraphs (I), (J), and (K) of subsection
(d)(1) must certify to the Secretary that the recipient has
made progress toward meeting each of the performance targets
set under subparagraphs (I), (J), and (K) of subsection (d)(1).
``(2) Report.--Each recipient subject to subparagraphs (I),
(J), and (K) of subsection (d)(1) shall submit to the Secretary
an annual report demonstrating the progress of the recipient
toward each of the performance targets set under such
subparagraphs.
``(3) Penalties.--If the Secretary determines that a
recipient has failed to make progress toward meeting a
performance target set under subparagraph (I), (J), or (K) of
subsection (d)(1), the Secretary may, after providing the
recipient with 30 days to address the deficiency--
``(A) withhold not more than 100 percent of any
formula grant awarded to the recipient under this
chapter;
``(B) unilaterally terminate, in part or in whole,
any formula grant awarded to the recipient under this
chapter;
``(C) lower the rating for any project for which
the recipient seeks a competitive grant under this
chapter; or
``(D) require that any assistance provided to the
recipient under section 5307 be spent on projects to
correcting crime prevention or personal safety
deficiencies identified by the Secretary before such
funds are spent on other projects.
``(n) Grant Withholdings for Incident Rates Above National
Average.--
``(1) In general.--The Secretary may withhold or require
repayment of any assistance under section 5307 awarded to a
recipient serving an urbanized area with a population of not
fewer than 200,000 individuals, as determined by the Bureau of
the Census, during a fiscal year in which the jurisdiction of
the recipient experiences rates 10 percent higher than the
national average for all public transportation systems, based
on data reported to the Secretary for inclusion in the national
transit database under section 5335, of the following:
``(A) The rate of fare evasion among transit
passengers.
``(B) The rate of incidents of assault on
passengers that do not involve harmful or offensive
contact.
``(C) The rate of incidents of assault on
passengers that involve harmful or offensive contact.
``(D) The rate of assaults on transit workers that
do not involve harmful or offensive contact.
``(E) The rate of incidents of assault on transit
workers that involve harmful or offensive contact.
``(F) The rate of murder on public transportation
systems.
``(2) 25 percent withholding.--The Secretary may withhold
or require repayment of up to 25 percent of the total amount of
formula grant assistance awarded to a recipient under this
chapter during a fiscal year if, during the fiscal year, any
rate described in subparagraphs (A) through (F) of paragraph
(1) exceeds the national average of such rate for all public
transportation systems, based on data in the national transit
database under section 5335, by more than 25 percent and less
than 50 percent.
``(3) 50 percent withholding.--The Secretary may withhold
or require repayment of up to 50 percent of the total amount of
formula grant assistance awarded to a recipient under this
chapter during a fiscal year if, during the fiscal year, any
rate described in subparagraphs (A) through (F) of paragraph
(1) exceeds the national average of such rate for all public
transportation systems, based on data in the national transit
database under section 5335, by 50 percent or more.
``(o) Inward and Outward Facing Cameras and Event Recorders.--Not
later than 1 year after the date of enactment of the Safe Transit Act,
the Secretary shall prescribe regulations--
``(1) 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 recorders; and
``(2) establishing--
``(A) requirements regarding how video footage of
vehicle operators may be used; and
``(B) minimum parameters for maintaining data from
such cameras and event recorders.''; and
(5) in section 5335--
(A) in subsection (c)--
(i) in paragraph (2)--
(I) by inserting ``or passengers of
the public transportation systems that
involve harmful or offensive contact''
after ``workers'';
(II) by striking ``recipients'' and
inserting ``recipient''; and
(III) by striking ``and'' at the
end;
(ii) by redesignating paragraph (3) as
paragraph (5); and
(iii) by inserting after paragraph (2) the
following:
``(3) any data on assaults on transit workers or passengers
of the public transportation system of the recipient that do
not involve harmful or offensive contact;
``(4) any data on fare evasion in the public transportation
systems of the recipient; and''; and
(B) by adding at the end the following:
``(d) Data Collection.--
``(1) In general.--Each recipient under section 5307 that
is serving an urbanized area with a population of not fewer
than 200,000 individuals, as determined by the Bureau of the
Census, shall develop an electronic application that allows
passengers of its public transportation systems to report
instances of assaults, including assaults that do not involve
harmful or offensive contact, and other safety deficiencies.
``(2) Standards.--Not later than 90 days after the date of
enactment of this subsection, the Secretary shall set minimum
standards for the electronic application required under
paragraph (1).
``(3) Data reporting.--A recipient described in paragraph
(1) shall report to the Secretary for inclusion in the national
transit database all data and information collected through a
electronic application under such paragraph (1) that is data or
information described in subsection (c).''.
(b) Reports.--Section 1116 of title 49, United States Code, is
amended--
(1) in subsection (a)(2) by inserting ``reduce assaults and
other criminal activity on transportation systems and'' before
``minimize'';
(2) in subsection (b)(1) by inserting ``assaults, criminal
activity, and'' after ``avoiding''; and
(3) by adding at the end the following:
``(e) Assault Defined.--In this section, the term `assault' has the
meaning given such term in section 5302 of this title.''.
(c) Technical and Conforming Amendment.--The table of sections for
chapter 53 of title 49, United States Code, is amended by striking the
item relating to section 5321 and inserting the following:
``5321. Crime prevention and personal safety.''.
SEC. 3. ESTABLISHING MINIMUM PERFORMANCE STANDARDS FOR INFRASTRUCTURE
TO PREVENT FARE EVASION.
(a) Requirements.--Notwithstanding section 5334(k) of title 49,
United States Code, and the rulemaking procedures under section 553 of
title 5, United States Code, not later than 90 days after the date of
enactment of this Act, the Secretary shall establish minimum
performance standards for infrastructure to prevent fare evasion under
the national public transportation safety plan, which shall not be
revised except by law.
(b) Consideration.--In establishing the minimum performance
standards under subsection (a), the Secretary shall consider--
(1) different fare collection needs of different modes of
public transportation;
(2) differences in operating environments;
(3) the use of technology in fare collection enforcement;
(4) experience from agencies that use or are testing
infrastructure to prevent fare evasion; and
(5) the impact of the performance standards on future
rolling stock procurements and vehicles currently in revenue
service.
(c) Condition.--In the case of a recipient for an urbanized area
with a population of not fewer than 200,000 individuals, as determined
by the Bureau of the Census, as a condition of financial assistance
under any formula program under chapter 53 of title 49, United States
Code, for fiscal year 2027, the recipient shall certify to the
Secretary that the recipient will acquire in the following fiscal year
infrastructure to prevent fare evasion that meets the minimum
performance standards established under subsection (a) for all
stations, terminals, and rolling stock within each public
transportation system of the recipient.
(d) 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 evasion.
SEC. 4. FAMILY FRIENDLY TRANSIT SCORECARD.
(a) Rail Station or Bus Terminal Defined.--In this section, the
term ``rail station or bus terminal'' means--
(1) a station facility where a public transportation
operator has physically posted, as of the date of enactment of
this Act, a system map, code of conduct, or arrivals and
departures board; and
(2) a new station facility, or an improvement to an
existing facility, where a public transportation operator posts
a system map, code of conduct, or arrivals and departures
board.
(b) Requirements.--The Secretary of Transportation shall establish
a methodology to aggregate data submitted to Federal Transit
Administration under section 5329(m)(2) of title 49, United States
Code, related to the performance targets set under subsection (d)(1)(K)
of section 5329 of such title, in the form of an annual Family Friendly
Transit Scorecard, which assigns a letter grade for each public
transportation system.
(c) Condition.--In the case of a recipient for an urbanized area
with a population of not fewer than 200,000 individuals, as determined
by the Bureau of the Census, as a condition of financial assistance
under any formula program under chapter 53 of title 49, United States
Code, the recipient shall certify to the Secretary that the recipient
has prominently displayed at each rail station and bus terminal within
the public transportation system of the recipient and published on a
website of the recipient--
(1) the Family Friendly Transit Scorecard letter grade of
the recipient; and
(2) the image of any person captured by security camera in
the act of committing any crime on the public transportation
system, including information identifying the crime committed,
not later than 7 days after the commission of the crime and for
a period of not less than 45 days.
(d) Waiver.--Secretary may waive the requirement under subsection
(c)(2) for any rail station or bus terminal where the recipient
certifies that it would be impracticable for the recipient to display
such information.
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