Establishing minimum performance standards for infrastructure to prevent fare evasion

(a) Requirements Notwithstanding section 5334(k) of title 49, United States Code, and the rulemaking procedures under section 553 of title 5, United States Code, not later than 90 days after the date of enactment of this Act, the Secretary shall establish minimum performance standards for infrastructure to prevent fare evasion under the national public transportation safety plan, which shall not be revised except by law. (b) Consideration In establishing the minimum performance standards under subsection (a), the Secretary shall consider— (1) different fare collection needs of different modes of public transportation; (2) differences in operating environments; (3) the use of technology in fare collection enforcement; (4) existing experience, from agencies that already are using or testing infrastructure to prevent fare evasion; and (5) the impact of the performance standards on future rolling stock procurements and vehicles currently in revenue service. (c) Condition In the case of a recipient for an urbanized area with a population of not fewer than 200,000 individuals, as determined by the Bureau of the Census, as a condition of financial assistance under any formula program under chapter 53 of title 49, United States Code, for fiscal year 2027, the recipient shall certify that the recipient will acquire in the following fiscal year infrastructure to prevent fare evasion meeting the minimum performance standards established under the national public transportation safety plan under subsection (a) for all stations, terminals, and rolling stock within its public transportation system. (d) Savings clause Nothing in this section may be construed as prohibiting the Secretary of Transportation from issuing different comprehensive standards for infrastructure to prevent fare evasion.