Safe Transit Act

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. <all>