I 
116TH CONGRESS 
1ST SESSION H. R. 1139 
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 HOUSE OF REPRESENTATIVES 
FEBRUARY 11, 2019 
Mrs. NAPOLITANO (for herself, Mr. KATKO, Mr. LOWENTHAL, Mr. KING of 
New York, Mr. QUIGLEY, Mr. DAVID SCOTT of Georgia, Mr. HUFFMAN, 
Mr. POCAN, Mr. LIPINSKI, Mr. CUMMINGS, Mr. GARAMENDI, Ms. BLUNT 
ROCHESTER, Mr. RYAN, Mr. GRIJALVA, Mr. SUOZZI, Ms. BROWNLEY of 
California, Mr. AGUILAR, Mr. NADLER, Mr. SHERMAN, Ms. SCHA-
KOWSKY, Ms. TITUS, Mrs. WATSON COLEMAN, Mr. CARSON of Indiana, 
Mr. JOHNSON of Georgia, Mr. BLUMENAUER, Mr. MCEACHIN, Mr. 
VARGAS, Mr. SEAN PATRICK MALONEY of New York, Mr. HIGGINS of 
New York, Mr. TONKO, Ms. JOHNSON of Texas, Ms. CLARKE of New 
York, Mr. KILMER, Mr. SIRES, Mr. PALLONE, Mr. BROWN of Maryland, 
Mr. DESAULNIER, Mr. ROSE of New York, Mrs. DAVIS of California, Mr. 
KRISHNAMOORTHI, Ms. MOORE, Ms. ROYBAL-ALLARD, Ms. OMAR, Mr. 
GREEN of Texas, Mrs. LAWRENCE, Ms. NORTON, Ms. JAYAPAL, Ms. 
FUDGE, Mr. COHEN, Mr. TAKANO, Ms. LOFGREN, Mr. CARBAJAL, Mr. 
LARSEN of Washington, Mr. NORCROSS, Mr. PASCRELL, and Mr. CART-
WRIGHT) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure 
A BILL 
To amend title 49, United States Code, to require the devel-
opment of public transportation operations safety risk 
reduction programs, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Sep 11 2014 
19:29 Feb 21, 2019
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1139.IH
H1139
pamtmann on DSKBFK8HB2PROD with BILLS
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 peo-
ple and to the economic prosperity of the country. 
(2) Assaults on public transportation workers 
are a growing problem, with daily reports of bus op-
erators and rail transit employees being beaten, hav-
ing 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 pe-
destrians. 
(5) Blind spots are avoidable, and buses can be 
designed to provide the bus operator a clear view 
outside the vehicle. 
VerDate Sep 11 2014 
19:29 Feb 21, 2019
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1139.IH
H1139
pamtmann on DSKBFK8HB2PROD with BILLS
(6) Section 3022 of the FAST Act (49 U.S.C. 
5329 note; Public Law 114–94) required the Sec-
retary of Transportation to issue a notice of pro-
posed 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 PRO-
GRAM. 
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 ac-
cidents, injuries, assaults on bus operators, and 
fatalities; 
‘‘(B) submit the program required under 
subparagraph (A), including the implementation 
VerDate Sep 11 2014 
19:29 Feb 21, 2019
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1139.IH
H1139
pamtmann on DSKBFK8HB2PROD with BILLS
plan required under paragraph (3), to the Sec-
retary for review and approval; and 
‘‘(C) implement the program and plan ap-
proved by the Secretary. 
‘‘(2) DEVELOPMENT OF PROGRAM.—A recipient 
required to develop and submit a risk reduction pro-
gram for bus operations under paragraph (1)— 
‘‘(A) shall develop the program by con-
ducting 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 coopera-
tion with bus operators and collective bar-
gaining representatives of bus operators, includ-
ing the development of— 
‘‘(i) the risk analysis required under 
subparagraph (A); and 
‘‘(ii) the implementation plan required 
under paragraph (3). 
VerDate Sep 11 2014 
19:29 Feb 21, 2019
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1139.IH
H1139
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(3) IMPLEMENTATION
PLAN.—Each risk re-
duction 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 im-
pairments for bus operators that con-
tribute to accidents, including retrofits to 
buses in revenue service and specifications 
for future procurements that reduce visi-
bility impairments; 
‘‘(B) bus operator assault mitigation, in-
cluding— 
‘‘(i) the deployment of assault mitiga-
tion infrastructure and technology on 
buses, including barriers to restrict the un-
wanted entry of individuals and objects 
into bus operators’ workstations when a re-
cipient’s risk analysis determines that such 
barriers would reduce assaults on and inju-
ries to bus operators; and 
VerDate Sep 11 2014 
19:29 Feb 21, 2019
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1139.IH
H1139
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(ii) conflict de-escalation training for 
bus operators; 
‘‘(C) installation of seating and modifica-
tion to design specifications of bus operator 
workstations that reduce or prevent injuries 
from ergonomic risks; and 
‘‘(D) other measures that the Secretary de-
termines would significantly reduce the number 
and rate of accidents, injuries, assaults on bus 
operators, and fatalities related to bus oper-
ations. 
‘‘(4) UPDATING
REQUIREMENTS.—The Sec-
retary shall require each recipient required to de-
velop 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 REDUC-
TION 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: 
VerDate Sep 11 2014 
19:29 Feb 21, 2019
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1139.IH
H1139
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(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 Rail-
road Administration to— 
‘‘(A) develop a risk reduction program for 
assaults on rail workers under paragraph (2) to 
improve safety by reducing the number and se-
verity of assaults on rail workers, including op-
erators and station personnel; 
‘‘(B) submit the program required under 
subparagraph (A), including the implementation 
plan required under paragraph (3), to the Sec-
retary for review and approval; and 
‘‘(C) implement the program and plan ap-
proved by the Secretary. 
‘‘(2) DEVELOPMENT OF PROGRAM.—A recipient 
required to develop and submit a risk reduction pro-
gram for assaults on rail workers under paragraph 
(1)— 
VerDate Sep 11 2014 
19:29 Feb 21, 2019
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1139.IH
H1139
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(A) shall develop the program by con-
ducting 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 coopera-
tion 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 re-
duction program for assaults on rail workers under 
paragraph (1) shall include an implementation plan 
for rail worker assault mitigation. 
‘‘(4) UPDATING
REQUIREMENTS.—The Sec-
retary shall require each recipient required to de-
velop a program under paragraph (1) to— 
‘‘(A) update the program annually; and 
VerDate Sep 11 2014 
19:29 Feb 21, 2019
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1139.IH
H1139
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(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 sec-
tion; 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 
VerDate Sep 11 2014 
19:29 Feb 21, 2019
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1139.IH
H1139
pamtmann on DSKBFK8HB2PROD with BILLS