Sec. 9515. Assault prevention and response plans
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Subchapter II of chapter 201 of title 49, United States Code, as amended by this division, is further amended by adding at the end the following: Not later than 180 days after the date of enactment of the TRAIN Act , any entity that provides regularly scheduled intercity or commuter rail passenger transportation shall submit to the Secretary of Transportation for review and approval an assault prevention and response plan (in this section referred to as the Plan ) to address transportation assaults. The Plan required under subsection
(a)shall include— procedures that— facilitate the reporting of a transportation assault, including the notification of on-site personnel, rail law enforcement, and local law enforcement; personnel should follow up on the reporting of a transportation assault, including actions to protect affected individuals from continued assault; may be taken to remove the passenger or personnel who has committed a transportation assault from the train or related area or facility as soon as practicable when appropriate; include protections and safe reporting practices for passengers who may have been assaulted by personnel; and may limit or prohibit, to the extent practicable, future travel with the entity described in subsection
(a)by any passenger or personnel who commits a transportation assault against personnel or passengers; a policy that ensures an employee who is a victim or witness of a transportation assault may participate in the prosecution of a criminal offense of such assault without any adverse effect on the victim’s or witnesses’ employment status; and a process and timeline for conducting an annual review and update of the Plan. An entity described under subsection
(a)shall display onboard trains and in boarding areas, as appropriate, a notice stating the entity’s abilities to restrict future travel under subsection (b)(1)(E). An entity described under subsection
(a)shall provide initial and annual training for all personnel on the contents of the Plan, including training regarding— the procedures described in subsection (b); methods for responding to hostile situations, including de-escalation training; and rights and responsibilities of personnel with respect to a transportation assault on themselves, other personnel, or passengers. The Plan required under subsection
(a)shall be developed and implemented with the direct participation of personnel, and, as applicable, labor organizations representing personnel. Not later than 10 days after a transportation assault incident, the applicable entity described in subsection
(a)shall notify personnel employed at the location in which the incident occurred. In the case of an incident on a vehicle, such entity shall notify personnel regularly scheduled to carry out employment activities on the service route on which the incident occurred. The notification required under paragraph
(1)shall— include a summary of the incident; and be written in a manner that protects the confidentiality of individuals involved in the incident. For each calendar year, each entity with respect to which a transportation assault incident has been reported during such year shall submit to the Secretary report that describes— the number of assault incidents reported to the entity, including— the number of incidents committed against passengers; and the number of incidents committed against personnel; and the number of assault incidents reported to rail or local law enforcement by personnel of the entity. The Secretary shall make available to the public on the primary website of the Federal Railroad Administration the data collected under paragraph (2). Data made available under this subsection shall be made available in a manner that protects the confidentiality of individuals involved in transportation assault incidents. In this section, the term transportation assault means the occurrence, or reasonably suspected occurrence, of an act that— constitutes assault; is committed by a passenger or member of personnel of an entity that provides regularly scheduled intercity or commuter rail passenger transportation against another passenger or member of personnel of such entity; and takes place— within a vehicle of such entity; or in an area in which passengers are entering or exiting a vehicle described in subparagraph (A); or a station or facility where such entity operates, regardless of ownership of the station or facility. . The analysis for subchapter II of chapter 201 of title 49, United States Code, as amended by this division, is further amended by adding at the end the following: 20170. Assault prevention and response plans. .