Title: Bus Operator and Pedestrian Protection Act
Policy area: Transportation and Public Works

Summary:
Bus Operator and Pedestrian Protection Act
This bill requires the Department of Transportation (DOT) to require public transportation safety grant recipients who 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 implementing plan approved by DOT.
The bill amends the Fixing America's Surface Transportation Act (FAST Act) to direct DOT to issue a final rule regarding the protection of public transportation operators from the risk of assault.
The recipient of a public transportation grant shall report to DOT, for inclusion in the National Transit Database, any information on each assault on an operator.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3215 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3215

To amend title 49, United States Code, to require the development of a 
 bus operations safety risk reduction program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 16, 2018

Mr. Van Hollen 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 a 
 bus operations safety risk reduction program, 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 ``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 enactment of this subsection, the Secretary shall require a 
        recipient that operates fixed route bus service to--
                    ``(A) develop a risk reduction program for bus 
                operations (referred to in this subsection as a 
                `covered program') in accordance with paragraph (2) to 
                improve safety by reducing the number and rates of 
                accidents, injuries, assaults on bus operators, and 
                fatalities;
                    ``(B) submit the covered program, including the 
                implementation plan required under paragraph (3), to 
                the Secretary for review and approval; and
                    ``(C) implement the covered program, including the 
                implementation plan, as approved by the Secretary.
            ``(2) Development of program.--A recipient required to 
        develop and submit a covered program 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 agency safety plan that the 
                recipient prepares under subsection (d), if the 
                comprehensive agency safety plan fulfills 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.--A covered program 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--
                                    ``(I) retrofits to buses in revenue 
                                service; and
                                    ``(II) 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 an individual or object into the 
                        workstation of a bus operator if the risk 
                        analysis conducted by the recipient under 
                        paragraph (2) determines that such a barrier 
                        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) any other measure 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 a 
        recipient required to develop a covered program to--
                    ``(A) update the program annually; and
                    ``(B) resubmit the program for approval by the 
                Secretary not less frequently than once every 3 
                years.''.
    (b) FAST Act.--Section 3022 of the Fixing America's Surface 
Transportation Act (49 U.S.C. 5329 note; Public Law 114-94) is 
amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following:
    ``(c) Final Rule.--Not later than 1 year after the date of 
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 under subsection (a) 
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.--A recipient 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) Definitions.--For purposes of this subsection:
                    ``(A) The term `assault on an operator' 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 
                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).''.
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