Bus Operator and Pedestrian Protection Act

Summary: Bus Operator and Pedestrian Protection Act This bill requires the Department of Transportation (DOT) to require public transportation safety grant recipients that operate fixed route bus service to: (1) develop a risk reduction program for bus operations to improve safety by reducing the number and rates of accidents, injuries, assaults on bus operators, and fatalities; (2) submit the program, including the implementation plan required by this bill, to DOT for review and approval; and (3) implement the program and plans approved by DOT.   The recipient of a public transportation safety grant shall report to DOT, for inclusion in the National Transit Database, any information on each assault on an public transportation vehicle operator.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bus Operator and Pedestrian 
Protection Act''.

SEC. 2. BUS OPERATIONS SAFETY RISK REDUCTION PROGRAM.

    (a) Public Transportation Safety Program Section.--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 the 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, including the 
                implementation plan required under paragraph (3), to 
                the Secretary for review and approval; and
                    ``(C) implement the program and plans 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 such program by conducting risk 
                analysis on the bus operations of the recipient;
                    ``(B) may incorporate such program into an 
                applicable comprehensive safety plan that such 
                recipient prepares pursuant to subsection (d), if all 
                requirements under this subsection are addressed in the 
                recipient's comprehensive safety plan; and
                    ``(C) shall develop such 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) implementation plans 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 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 such program annually; and
                    ``(B) resubmit such program for approval by the 
                Secretary not less than once every 3 years.''.
    (b) FAST Act.--Section 3022(a) of the Fixing America's Surface 
Transportation Act (49 U.S.C. 5329 note) is amended by adding the 
following new sentence: ``Not later than 1 year after the date of the 
enactment of the Bus Operator and Pedestrian Protection Act, the 
Secretary shall issue a final rule regarding the protection of public 
transportation operators from the risk of assault.''

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 4. OPERATOR ASSAULT DATA.

    Section 5335 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(d) Operator Assault Data.--
            ``(1) Report.--The recipient of a grant under this chapter 
        shall report to the Secretary, for inclusion in the National 
        Transit Database, any information on each assault on an 
        operator.
            ``(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) Definition.--For purposes of this subsection:
                    ``(A) The term `assault on an operator' means any 
                circumstance when an individual knowingly and without 
                lawful authority or permission 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 
                dispatcher, driver, captain, locomotive engineer, 
                railroad conductor, or other individual while the 
                individual is employed in dispatching, operating, 
                controlling, or maintaining on-track equipment or a 
                public transportation vehicle, including circumstances 
                that do not require immediate medical attention or that 
                do not result in a fatality.
                    ``(B) The term `recipient' has the meaning given 
                the term in section 5329(a).''.