SenateS. 5492119th Congress

Safe Transit Act

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5492 Introduced in Senate (IS)]

<DOC>

119th CONGRESS
  2d Session
                                S. 5492

   To reduce crime on public transportation, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 23, 2026

  Mr. Hagerty introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 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 striking paragraph (1);
                    (B) by redesignating paragraphs (2) through (25) as 
                paragraphs (3) through (26), respectively; and
                    (C) by inserting before paragraph (3), as so 
                redesignated, 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) striking subparagraph (J);
                    (B) 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 dollars except--
                            ``(i) programs described in subparagraph 
                        (D);
                            ``(ii) other reduced or no-fare programs 
                        for seniors, individuals with disabilities, 
                        children, students, and veterans;
                            ``(iii) temporary programs operated 
                        beginning not more than 6 months before major 
                        events, such as the World Cup or Olympics, and 
                        terminating not more than 6 months after such 
                        events;
                            ``(iv) temporary programs responding to 
                        natural disasters or other declared 
                        emergencies;
                            ``(v) 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 area, including 
                        university systems, and downtown circulators 
                        funded by business improvement districts;
                            ``(vi) 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 that provides an emergency telephone line 
        to contact law enforcement or security personnel in an area in 
        or adjacent to such system.
            ``(4) A project to improve farebox infrastructure across 
        such system.
            ``(5) A project to improve the cybersecurity of such 
        system.
            ``(6) A project to improve technology, 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 an existing or 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 any 
        formula program under this chapter for an urbanized area, 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 on any mode of public 
                transportation 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 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 system; or
                    ``(C) 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 bond.
            ``(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.'';
            (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'';

                                                    (BB) by striking 
                                                ``rates of accidents, 
                                                injuries, and assaults 
                                                on transit workers'' 
                                                and inserting ``rates 
                                                of accidents and 
                                                injuries''; and

                                                    (CC) by striking 
                                                ``including--'' and 
                                                inserting ``which shall 
                                                include--''; 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, a 
                crime prevention and personal safety risk reduction 
                program, which shall include--
                            ``(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 of 200,000 or more, 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'';
                            (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.--A recipient receiving assistance under 
        section 5307 shall allocate not less than 3 percent of those 
        funds to system safety, crime prevention, and personal safety-
        related projects eligible under section 5321(a), including--
                    ``(A) increased lighting in or adjacent to a public 
                transportation system, including bus stops, subway 
                stations, parking lots, and garages;
                    ``(B) enhanced camera surveillance of an area in or 
                adjacent to a public transportation system;
                    ``(C) providing an emergency telephone line to 
                contact law enforcement or security personnel in an 
                area in or adjacent to a public transportation system;
                    ``(D) inward and outward facing cameras on 
                vehicles;
                    ``(E) event recorders;
                    ``(F) operator compartment barriers;
                    ``(G) de-escalation training activities;
                    ``(H) personal protective equipment;
                    ``(I) improvements to operations control centers;
                    ``(J) security personnel, additional transit 
                policing, and related activities; and
                    ``(K) infrastructure to prevent fare evasion.
            ``(2) Exception.--Notwithstanding paragraph (1), the 
        Secretary may establish a lower set-aside percentage for 
        recipients serving urbanized areas with a population of less 
        than 200,000.
            ``(3) Required allocation.--The Secretary may require all 
        or a portion of the set-aside under paragraph (1) to be 
        allocated to any system safety, crime prevention, 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 workers.
    ``(m) Certification.--
            ``(1) 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 (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 those 
        subparagraphs.
            ``(3) Penalties.--If the Secretary determines the recipient 
        has not made progress toward meeting one or more of the 
        performance targets set under subparagraphs (I), (J), and (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 
                apportioned formula funding under this chapter;
                    ``(B) unilaterally terminate, in part or its 
                entirety, any grant using formula funds under this 
                chapter;
                    ``(C) lower the rating for any of the projects for 
                which the recipient seeking assistance under a 
                competitive grant program under this chapter; or
                    ``(D) require that any financial assistance 
                provided under section 5307 be spent on correcting 
                crime prevention or personal safety deficiencies 
                identified by the Secretary before such funds are spent 
                on other projects.
    ``(n) National Average.--
            ``(1) In general.--Notwithstanding the certification of a 
        recipient in subsection (m), the Secretary may withhold formula 
        funds from a recipient receiving assistance under section 5307 
        that is serving an urbanized area with a population of 200,000 
        or more with rates per capita of passengers for fare evasion, 
        assaults on passengers or transit workers that do not involve 
        harmful or offensive contact, assaults on transit workers or 
        passengers that involve harmful or offensive contact, and 
        murder are not less than 10 percent higher than the national 
        average for all public transportation agencies based on data 
        reported to the national transit database under section 5335.
            ``(2) 50 percent withholding.--From recipients with rates 
        per capita of passengers that exceed 50 percent above the 
        national average for not less than 1 of the categories of 
        offenses described in paragraph (1), the Secretary may withhold 
        not more than 50 percent of all formula funding under this 
        chapter.
            ``(3) 25 percent withholding.--From recipients whose rates 
        per capita of passengers that are more than 25 percent but less 
        than 50 percent above the national average for not less than 1 
        of the categories of offenses described in paragraph (1), the 
        Secretary may withhold not more than 25 percent of all formula 
        funding under this chapter.
    ``(o) Inward and Outward Facing Cameras and Event Recorders.--Not 
later than 1 year after the date of enactment of this Act, 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 recorders, including--
            ``(1) requirements regarding how video footage of vehicle 
        operators may be used; and
            ``(2) minimum parameters for maintaining data from such 
        cameras and event recorders.''; and
    (b) in section 5335--
            (1) in subsection (c)--
                    (A) 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;
                    (B) redesignating paragraph (3) as paragraph (5); 
                and
                    (C) 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
            (2) by adding at the end the following:
    ``(d) Data Collection.--
            ``(1) In general.--Each recipient receiving assistance 
        under section 5307 that is serving an urbanized area with a 
        population of 200,000 or more 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 standards 
        for the electronic application to which recipients shall adhere 
        under paragraph (1).
            ``(3) Report.--All relevant data collected through the 
        electronic application developed under paragraph (1) shall be 
        reported to the national transit database consistent with 
        subsection (c).''.
    (c) 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''; and
            (2) in subsection (b)(1), by inserting ``assaults, criminal 
        activity, and'' after ``avoiding''.
    (d) 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) existing experience, from agencies that already are 
        using or 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 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 (a) for all stations, terminals, and rolling stock within 
its public transportation system.
    (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, 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--
            (1) the letter grade for the Family Friendly Transit 
        Scorecard; 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 for a 
        period of not less than 45 days.
    (d) Waiver.--The Federal Transit Administration may waive the 
requirement under subsection (c)(2) for any rail station or bus 
terminal where the recipient certifies that the recipient would be 
impracticable to display such information.
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