[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 436 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                 S. 436

 To amend title 49, United States Code, to require the development of 
 public transportation operations safety risk reduction programs, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 11, 2019

 Mr. Van Hollen (for himself, Mr. Reed, Ms. Warren, and Mr. Menendez) 
introduced the following bill; which was read twice and referred to the 
            Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend title 49, United States Code, to require the development of 
 public transportation operations safety risk reduction programs, 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 ``Transit Worker and Pedestrian 
Protection Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Public transportation workers are vital to the safe, 
        efficient, and affordable movement of people and to the 
        economic prosperity of the country.
            (2) Assaults on public transportation workers are a growing 
        problem, with daily reports of bus operators and rail transit 
        employees being beaten, having items thrown at them, being spat 
        upon, and being verbally abused.
            (3) This is not only a tragic situation for public 
        transportation workers, but also a major safety risk for 
        passengers, other motorists, and pedestrians.
            (4) An additional risk to safe bus operation is the 
        existence of blind spots in the view from a bus operator 
        workstation that--
                    (A) prevent a driver from fully seeing the driver's 
                surroundings; and
                    (B) have caused serious accidents with pedestrians.
            (5) Blind spots are avoidable, and buses can be designed to 
        provide the bus operator a clear view outside the vehicle.
            (6) Section 3022 of the FAST Act (49 U.S.C. 5329 note; 
        Public Law 114-94) required the Secretary of Transportation to 
        issue a notice of proposed rulemaking to address protection of 
        public transportation operators from the risk of assault.
            (7) The Secretary of Transportation has failed to issue a 
        notice of proposed rulemaking as required under section 3022 of 
        the FAST Act.

SEC. 3. BUS OPERATIONS SAFETY RISK REDUCTION PROGRAM.

    Section 5329 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(l) Bus Operations Safety Risk Reduction Program.--
            ``(1) Requirements.--Not later than 2 years after the date 
        of enactment of this subsection, the Secretary shall require 
        each recipient that operates fixed route bus service to--
                    ``(A) develop a risk reduction program for bus 
                operations under paragraph (2) to improve safety by 
                reducing the number and rates of accidents, injuries, 
                assaults on bus operators, and fatalities;
                    ``(B) submit the program required under 
                subparagraph (A), including the implementation plan 
                required under paragraph (3), to the Secretary for 
                review and approval; and
                    ``(C) implement the program and plan approved by 
                the Secretary.
            ``(2) Development of program.--A recipient required to 
        develop and submit a risk reduction program for bus operations 
        under paragraph (1)--
                    ``(A) shall develop the program by conducting risk 
                analysis on the bus operations of the recipient;
                    ``(B) may incorporate the program into an 
                applicable comprehensive safety plan that the recipient 
                prepares under subsection (d), if the plan addresses 
                each requirement under this subsection; and
                    ``(C) shall develop the program in cooperation with 
                bus operators and collective bargaining representatives 
                of bus operators, including the development of--
                            ``(i) the risk analysis required under 
                        subparagraph (A); and
                            ``(ii) the implementation plan required 
                        under paragraph (3).
            ``(3) Implementation plan.--Each risk reduction program for 
        bus operations under paragraph (1) shall include an 
        implementation plan for--
                    ``(A) reduction of vehicular and pedestrian 
                accidents involving buses that includes--
                            ``(i) deployment of driver assistance 
                        technologies for bus operators that reduce or 
                        prevent accidents; and
                            ``(ii) measures to reduce visibility 
                        impairments for bus operators that contribute 
                        to accidents, including retrofits to buses in 
                        revenue service and specifications for future 
                        procurements that reduce visibility 
                        impairments;
                    ``(B) bus operator assault mitigation, including--
                            ``(i) the deployment of assault mitigation 
                        infrastructure and technology on buses, 
                        including barriers to restrict the unwanted 
                        entry of individuals and objects into bus 
                        operators' workstations when a recipient's risk 
                        analysis determines that such barriers would 
                        reduce assaults on and injuries to bus 
                        operators; and
                            ``(ii) conflict de-escalation training for 
                        bus operators;
                    ``(C) installation of seating and modification to 
                design specifications of bus operator workstations that 
                reduce or prevent injuries from ergonomic risks; and
                    ``(D) other measures that the Secretary determines 
                would significantly reduce the number and rate of 
                accidents, injuries, assaults on bus operators, and 
                fatalities related to bus operations.
            ``(4) Updating requirements.--The Secretary shall require 
        each recipient required to develop a program under paragraph 
        (1) to--
                    ``(A) update the program annually; and
                    ``(B) resubmit the program for approval by the 
                Secretary not less than once every 3 years.''.

SEC. 4. RAIL OPERATIONS WORKER ASSAULT RISK REDUCTION PROGRAM.

    (a) Public Transportation Safety Program Section.--Section 5329 of 
title 49, United States Code, as amended by section 3, is further 
amended by adding at the end the following:
    ``(m) Rail Operations Worker Assault Risk Reduction Program.--
            ``(1) Requirements.--Not later than 2 years after the date 
        of enactment of this subsection, the Secretary shall require 
        each recipient that operates a rail fixed guideway public 
        transportation system that is not subject to regulation by the 
        Federal Railroad Administration to--
                    ``(A) develop a risk reduction program for assaults 
                on rail workers under paragraph (2) to improve safety 
                by reducing the number and severity of assaults on rail 
                workers, including operators and station personnel;
                    ``(B) submit the program required under 
                subparagraph (A), including the implementation plan 
                required under paragraph (3), to the Secretary for 
                review and approval; and
                    ``(C) implement the program and plan approved by 
                the Secretary.
            ``(2) Development of program.--A recipient required to 
        develop and submit a risk reduction program for assaults on 
        rail workers under paragraph (1)--
                    ``(A) shall develop the program by conducting risk 
                analysis on assaults on workers serving the rail 
                operations of the recipient;
                    ``(B) may incorporate the program into an 
                applicable comprehensive safety plan that the recipient 
                prepares under subsection (d), if the plan addresses 
                each requirement under this subsection; and
                    ``(C) shall develop the program in cooperation with 
                rail workers and collective bargaining representatives 
                of rail workers, including the development of--
                            ``(i) the risk analysis required under 
                        subparagraph (A); and
                            ``(ii) the implementation plan required 
                        under paragraph (3).
            ``(3) Implementation plan.--Each risk reduction program for 
        assaults on rail workers under paragraph (1) shall include an 
        implementation plan for rail worker assault mitigation.
            ``(4) Updating requirements.--The Secretary shall require 
        each recipient required to develop a program under paragraph 
        (1) to--
                    ``(A) update the program annually; and
                    ``(B) resubmit the program for approval by the 
                Secretary not less than once every 3 years.''.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    (a) Amount and Duration.--There are authorized to be appropriated 
to carry out implementation plans under the bus operations safety risk 
reduction program described in subsection (l) of section 5329 of title 
49, United States Code (as added by section 3 of this Act), $25,000,000 
for each of fiscal years 2019 through 2023.
    (b) Formula.--Of the amounts made available to carry out subsection 
(l) of section 5329 of title 49, United States Code, for a fiscal 
year--
            (1) 80 percent shall be distributed under the formula set 
        forth in section 5336 of title 49, United States Code, other 
        than subsection (b) of that section; and
            (2) 20 percent shall be distributed under the formula set 
        forth in section 5311(c)(3) of that title.

SEC. 6. TRANSIT WORKER ASSAULT DATA.

    Section 5335 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(d) Transit Worker Assault Data.--
            ``(1) Report.--A recipient shall report to the Secretary, 
        for inclusion in the National Transit Database, any information 
        on each assault on a transit worker.
            ``(2) Other reports.--A report required under paragraph (1) 
        shall be separate from the reporting on other safety incidents 
        in the National Transit Database.
            ``(3) Definitions.--In this subsection:
                    ``(A) Assault on a transit worker.--The term 
                `assault on a transit worker' means any circumstance in 
                which an individual knowingly, without lawful authority 
                or permission, and with intent to endanger the safety 
                or health of any individual, or with a reckless 
                disregard for the safety or health of human life, 
                interferes with, disables, or incapacitates any transit 
                worker while the transit worker is performing his or 
                her duties, including circumstances that do not require 
                immediate medical attention or that do not result in a 
                fatality.
                    ``(B) Recipient.--The term `recipient' has the 
                meaning given the term in section 5329(a).''.
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