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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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