I 

116TH CONGRESS 

1ST SESSION H. R. 5139 

To protect transportation personnel and passengers from sexual assault and 

harassment, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 18, 2019 

Mr. DEFAZIO (for himself, Mr. CARSON of Indiana, Mrs. NAPOLITANO, Mr. 

ESPAILLAT, Mr. PAYNE, Mr. LOWENTHAL, Mr. PAPPAS, Ms. NORTON, 

Mr. HUFFMAN, Ms. JOHNSON of Texas, Mr. SEAN PATRICK MALONEY

of New York, Ms. TITUS, Mr. SIRES, Ms. BROWNLEY of California, Mr. 

CARBAJAL, Mr. LARSEN of Washington, Mr. MALINOWSKI, Mr. LYNCH, 

and Mrs. FLETCHER) introduced the following bill; which was referred to 

the Committee on Transportation and Infrastructure, and in addition to 

the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To protect transportation personnel and passengers from 

sexual assault and harassment, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop Sexual Assault 

5 and Harassment in Transportation Act’’. 


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1 SEC. 2. FORMAL SEXUAL ASSAULT AND HARASSMENT POLI2 CIES ON AIR CARRIERS AND FOREIGN AIR 

3 CARRIERS. 

4 (a) IN GENERAL.—Chapter 417 of title 49, United 

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘§ 41727. Formal sexual assault and harassment poli8 cies 

9 ‘‘(a) REQUIREMENT.—Not later than 180 days after 

10 the date of enactment of this section, each air carrier and 

11 foreign air carrier transporting passengers for compensa12 tion shall issue, in consultation with labor unions rep13 resenting personnel of the air carrier or foreign air carrier, 

14 a formal policy with respect to transportation sexual as15 sault or harassment incidents. 

16 ‘‘(b) CONTENTS.—The policy required under sub17 section (a) shall include— 

18 ‘‘(1) a statement indicating that no transpor19 tation sexual assault or harassment incident is ac20 ceptable under any circumstance; 

21 ‘‘(2) procedures that facilitate the reporting of 

22 a transportation sexual assault or harassment inci23 dent, including— 

24 ‘‘(A) appropriate public outreach activities; 

25 and 


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1 ‘‘(B) confidential phone and internet-based 

2 opportunities for reporting; 

3 ‘‘(3) procedures that personnel should follow 

4 upon the reporting of a transportation sexual assault 

5 or harassment incident, including actions to protect 

6 affected individuals from continued sexual assault or 

7 harassment and to notify law enforcement when ap8 propriate; 

9 ‘‘(4) procedures that may limit or prohibit, to 

10 the extent practicable, future travel with the air car11 rier or foreign air carrier by any passenger who 

12 causes a transportation sexual assault or harassment 

13 incident; and 

14 ‘‘(5) training that is required for all appropriate 

15 personnel with respect to the policy required under 

16 subsection (a), including— 

17 ‘‘(A) specific training for personnel who 

18 may receive reports of transportation sexual as19 sault or harassment incidents; and 

20 ‘‘(B) recognizing and responding to poten21 tial human trafficking victims, in the same 

22 manner as required under section 44734(a)(4). 

23 ‘‘(c) PASSENGER INFORMATION.—An air carrier or 

24 foreign air carrier described in subsection (a) shall promi25 nently display, on the internet website of the air carrier 


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1 or foreign air carrier and through the use of appropriate 

2 signage, a written statement that— 

3 ‘‘(1) advises passengers and personnel that the 

4 carrier has adopted a formal policy with respect to 

5 transportation sexual assault or harassment inci6 dents; 

7 ‘‘(2) informs passengers and personnel of the 

8 other major components of the carrier’s formal pol9 icy, including a statement indicating that no trans10 portation sexual assault or harassment incident is 

11 acceptable under any circumstance; and 

12 ‘‘(3) informs passengers and personnel of the 

13 procedure for reporting a transportation sexual as14 sault or harassment incident. 

15 ‘‘(d) STANDARD OF CARE.—Compliance with the re16 quirements of this section, and any policy issued there17 under, shall not determine whether the air carrier or for18 eign air carrier described in subsection (a) has acted with 

19 any requisite standard of care. 

20 ‘‘(e) DEFINITIONS.—In this section: 

21 ‘‘(1) PERSONNEL.—The term ‘personnel’ means 

22 an employee or contractor of an air carrier or for23 eign air carrier. 

24 ‘‘(2) SEXUAL ASSAULT.—The term ‘sexual as25 sault’ means the occurrence of an act that conVerDate Sep 11 2014 02:16 Nov 19, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5139.IH H5139

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1 stitutes any nonconsensual sexual act proscribed by 

2 Federal, tribal, or State law, including when the vic3 tim lacks capacity to consent. 

4 ‘‘(3) TRANSPORTATION SEXUAL ASSAULT OR

5 HARASSMENT INCIDENT.—The term ‘transportation 

6 sexual assault or harassment incident’ means the oc7 currence, or reasonably suspected occurrence, of an 

8 act that— 

9 ‘‘(A) constitutes sexual assault or sexual 

10 harassment; and 

11 ‘‘(B) is committed— 

12 ‘‘(i) by a passenger or member of per13 sonnel of an air carrier or foreign air car14 rier against another passenger or member 

15 of personnel of an air carrier or foreign air 

16 carrier; and 

17 ‘‘(ii) within an aircraft or in an area 

18 in which passengers are entering or exiting 

19 an aircraft.’’. 

20 (b) CLERICAL AMENDMENT.—The analysis for chap21 ter 417 of title 49, United States Code, is amended by 

22 adding at the end the following: 

‘‘41727. Formal sexual assault and harassment policies.’’. 


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1 SEC. 3. FORMAL SEXUAL ASSAULT AND HARASSMENT POLI2 CIES FOR CERTAIN MOTOR CARRIERS. 

3 (a) REQUIREMENT.—Not later than 180 days after 

4 the date of enactment of this Act, each covered motor car5 rier shall issue, in consultation with labor unions rep6 resenting personnel of the covered motor carrier, a formal 

7 policy with respect to transportation sexual assault or har8 assment incidents. 

9 (b) CONTENTS.—The policy required under sub10 section (a) shall include— 

11 (1) a statement indicating that no transpor12 tation sexual assault or harassment incident is ac13 ceptable under any circumstance; 

14 (2) procedures that facilitate the reporting of a 

15 transportation sexual assault or harassment inci16 dent, including— 

17 (A) appropriate public outreach activities; 

18 and 

19 (B) confidential phone and internet-based 

20 opportunities for reporting; 

21 (3) procedures that personnel should follow 

22 upon the reporting of a transportation sexual assault 

23 or harassment incident, including actions to protect 

24 affected individuals from continued sexual assault or 

25 harassment and to notify law enforcement when ap26 propriate; 


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1 (4) procedures that may limit, to the extent 

2 practicable, future travel with the covered motor car3 rier by any passenger who causes a transportation 

4 sexual assault or harassment incident; and 

5 (5) training that is required for all appropriate 

6 personnel with respect to the policy required under 

7 subsection (a), including— 

8 (A) specific training for personnel who 

9 may receive reports of transportation sexual as10 sault or harassment incidents; and 

11 (B) recognizing and responding to poten12 tial human trafficking victims. 

13 (c) PASSENGER INFORMATION.—A covered motor 

14 carrier shall prominently display, on the internet website 

15 of the covered motor carrier and through the use of appro16 priate signage, a written statement that— 

17 (1) advises passengers that the covered motor 

18 carrier has adopted a formal policy with respect to 

19 transportation sexual assault or harassment inci20 dents; 

21 (2) informs passengers and personnel of the 

22 other major components of the covered motor car23 rier’s formal policy, including a statement indicating 

24 that no transportation sexual assault or harassment 

25 incident is acceptable under any circumstance; and 


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1 (3) informs passengers of the procedure for re2 porting a transportation sexual assault or harass3 ment incident. 

4 (d) STANDARD OF CARE.—Compliance with the re5 quirements of this section, and any policy issued there6 under, shall not determine whether the covered motor car7 rier has acted with any requisite standard of care. 

8 (e) DEFINITIONS.—In this section: 

9 (1) PERSONNEL.—The term ‘‘personnel’’ means 

10 an employee or contractor of a covered motor car11 rier. 

12 (2) COVERED MOTOR CARRIER.—The term 

13 ‘‘covered motor carrier’’ means a motor carrier of 

14 passengers that— 

15 (A) conducts regularly scheduled intercity 

16 service; and 

17 (B) is a Class I carrier (as that term is 

18 used in section 369.3(a) of title 49, Code of 

19 Federal Regulations). 

20 (3) SEXUAL ASSAULT.—The term ‘‘sexual as21 sault’’ means the occurrence of an act that con22 stitutes any nonconsensual sexual act proscribed by 

23 Federal, tribal, or State law, including when the vic24 tim lacks capacity to consent. 


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1 (4) TRANSPORTATION SEXUAL ASSAULT OR

2 HARASSMENT INCIDENT.—The term ‘‘transportation 

3 sexual assault or harassment incident’’ means the 

4 occurrence, or reasonably suspected occurrence, of 

5 an act that— 

6 (A) constitutes sexual assault or sexual 

7 harassment; and 

8 (B) is committed— 

9 (i) by a passenger or member of per10 sonnel of covered motor carrier against an11 other passenger or member of personnel of 

12 the covered motor carrier; and 

13 (ii) within a vehicle of the motor car14 rier or in an area in which passengers are 

15 entering or exiting such a vehicle. 

16 SEC. 4. FORMAL SEXUAL ASSAULT AND HARASSMENT POLI17 CIES ON PASSENGER COMMUTER AND INTER18 CITY RAIL. 

19 (a) IN GENERAL.—Chapter 241 of title 49, United 

20 States Code, is amended by adding at the end the fol21 lowing: 

22 ‘‘§ 24104. Formal sexual assault and harassment poli23 cies 

24 ‘‘(a) REQUIREMENT.—Not later than 180 days after 

25 the date of enactment of this section, each covered rail 


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1 entity shall issue, in consultation with labor unions rep2 resenting personnel with respect to the covered rail entity, 

3 a formal policy with respect to transportation sexual as4 sault or harassment incidents. 

5 ‘‘(b) CONTENTS.—The policy required under sub6 section (a) shall include— 

7 ‘‘(1) a statement indicating that no transpor8 tation sexual assault or harassment incident is ac9 ceptable under any circumstance; 

10 ‘‘(2) procedures that facilitate the reporting of 

11 a transportation sexual assault or harassment inci12 dent, including— 

13 ‘‘(A) appropriate public outreach activities; 

14 and 

15 ‘‘(B) confidential phone and internet-based 

16 opportunities for reporting; 

17 ‘‘(3) procedures that personnel should follow 

18 upon the reporting of a transportation sexual assault 

19 or harassment incident, including actions to protect 

20 affected individuals from continued sexual assault or 

21 harassment and to notify law enforcement when ap22 propriate; 

23 ‘‘(4) procedures that may limit or prohibit, to 

24 the extent practicable, future travel with the covered 


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1 rail entity by any passenger who causes a transpor2 tation sexual assault or harassment incident; and 

3 ‘‘(5) training that is required for all appropriate 

4 personnel with respect to the policy required under 

5 subsection (a), including— 

6 ‘‘(A) specific training for personnel who 

7 may receive reports of transportation sexual as8 sault or harassment incidents; and 

9 ‘‘(B) recognizing and responding to poten10 tial human trafficking victims. 

11 ‘‘(c) PASSENGER INFORMATION.—A covered rail enti12 ty shall prominently display, on the internet website of the 

13 entity and through the use of appropriate signage, a writ14 ten statement that— 

15 ‘‘(1) advises passengers and personnel that the 

16 covered rail entity has adopted a formal policy with 

17 respect to transportation sexual assault or harass18 ment incidents; 

19 ‘‘(2) informs passengers and personnel of the 

20 other major components of the covered rail entity’s 

21 formal policy, including a statement indicating that 

22 no transportation sexual assault or harassment inci23 dent is acceptable under any circumstance; and 


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1 ‘‘(3) informs passengers and personnel of the 

2 procedure for reporting a transportation sexual as3 sault or harassment incident. 

4 ‘‘(d) STANDARD OF CARE.—Compliance with the re5 quirements of this section, and any policy issued there6 under, shall not determine whether the covered rail entity 

7 has acted with any requisite standard of care. 

8 ‘‘(e) DEFINITIONS.—In this section: 

9 ‘‘(1) COVERED RAIL ENTITY.—The term ‘cov10 ered rail entity’ means an entity providing commuter 

11 rail passenger transportation or intercity rail pas12 senger transportation. 

13 ‘‘(2) PERSONNEL.—The term ‘personnel’ means 

14 an employee or contractor of a covered rail entity. 

15 ‘‘(3) SEXUAL ASSAULT.—The term ‘sexual as16 sault’ means the occurrence of an act that con17 stitutes any nonconsensual sexual act proscribed by 

18 Federal, tribal, or State law, including when the vic19 tim lacks capacity to consent. 

20 ‘‘(4) TRANSPORTATION SEXUAL ASSAULT OR

21 HARASSMENT INCIDENT.—The term ‘transportation 

22 sexual assault or harassment incident’ means the oc23 currence, or reasonably suspected occurrence, of an 

24 act that— 


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1 ‘‘(A) constitutes sexual assault or sexual 

2 harassment; and 

3 ‘‘(B) is committed— 

4 ‘‘(i) by a passenger or member of per5 sonnel of covered rail entity against an6 other passenger or member of personnel of 

7 the covered rail entity; and 

8 ‘‘(ii) within a vehicle of the covered 

9 rail entity or in an area in which pas10 sengers are entering or exiting such a vehi11 cle.’’. 

12 (b) CLERICAL AMENDMENT.—The analysis for chap13 ter 241 of title 49, United States Code, is amended by 

14 adding at the end the following: 

‘‘24104. Formal sexual assault and harassment policies.’’. 

15 SEC. 5. FORMAL SEXUAL ASSAULT AND HARASSMENT POLI16 CIES ON TRANSIT. 

17 (a) IN GENERAL.—Chapter 53 of title 49, United 

18 States Code, is amended by adding at the end the fol19 lowing: 

20 ‘‘§ 5341. Formal sexual assault and harassment poli21 cies 

22 ‘‘(a) REQUIREMENT.—Not later than 180 days after 

23 the date of enactment of this section, each recipient of 

24 Federal funds under this chapter operating vehicles shall 

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1 sonnel with respect to the recipient, a formal policy with 

2 respect to transportation sexual assault or harassment in3 cidents. 

4 ‘‘(b) CONTENTS.—The policy required under sub5 section (a) shall include— 

6 ‘‘(1) a statement indicating that no transpor7 tation sexual assault or harassment incident is ac8 ceptable under any circumstance; 

9 ‘‘(2) procedures that facilitate the reporting of 

10 a transportation sexual assault or harassment inci11 dent, including— 

12 ‘‘(A) appropriate public outreach activities; 

13 and 

14 ‘‘(B) confidential phone and internet-based 

15 opportunities for reporting; 

16 ‘‘(3) procedures that personnel should follow 

17 upon the reporting of a transportation sexual assault 

18 or harassment incident, including actions to protect 

19 affected individuals from continued sexual assault or 

20 harassment and to notify law enforcement when ap21 propriate; 

22 ‘‘(4) procedures that may limit, to the extent 

23 practicable, future travel with the recipient entity by 

24 any passenger who causes a transportation sexual 

25 assault or harassment incident; and 


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1 ‘‘(5) training that is required for all appropriate 

2 personnel with respect to the policy required under 

3 subsection (a), including— 

4 ‘‘(A) specific training for personnel who 

5 may receive reports of transportation sexual as6 sault or harassment incidents; and 

7 ‘‘(B) recognizing and responding to poten8 tial human trafficking victims. 

9 ‘‘(c) PASSENGER INFORMATION.—A recipient entity 

10 shall prominently display, on the internet website of the 

11 entity and through the use of appropriate signage, a writ12 ten statement that— 

13 ‘‘(1) advises passengers and personnel that the 

14 recipient entity has adopted a formal policy with re15 spect to transportation sexual assault or harassment 

16 incidents; 

17 ‘‘(2) informs passengers and personnel of the 

18 other major components of the recipient entity’s for19 mal policy, including a statement indicating that no 

20 transportation sexual assault or harassment incident 

21 is acceptable under any circumstance; and 

22 ‘‘(3) informs passengers and personnel of the 

23 procedure for reporting a transportation sexual as24 sault or harassment incident. 


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1 ‘‘(d) STANDARD OF CARE.—Compliance with the re2 quirements of this section, and any policy issued there3 under, shall not determine whether the recipient entity has 

4 acted with any requisite standard of care. 

5 ‘‘(e) DEFINITIONS.—In this section: 

6 ‘‘(1) PERSONNEL.—The term ‘personnel’ means 

7 an employee or contractor of a recipient of Federal 

8 funds under this chapter. 

9 ‘‘(2) SEXUAL ASSAULT.—The term ‘sexual as10 sault’ means the occurrence of an act that con11 stitutes any nonconsensual sexual act proscribed by 

12 Federal, tribal, or State law, including when the vic13 tim lacks capacity to consent. 

14 ‘‘(3) TRANSPORTATION SEXUAL ASSAULT OR

15 HARASSMENT INCIDENT.—The term ‘transportation 

16 sexual assault or harassment incident’ means the oc17 currence, or reasonably suspected occurrence, of an 

18 act that— 

19 ‘‘(A) constitutes sexual assault or sexual 

20 harassment; and 

21 ‘‘(B) is committed— 

22 ‘‘(i) by a passenger or member of per23 sonnel of recipient entity against another 

24 passenger or member of personnel of the 

25 recipient entity; and 


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1 ‘‘(ii) within a vehicle of the recipient 

2 entity or in an area in which passengers 

3 are entering or exiting such a vehicle.’’. 

4 (b) CLERICAL AMENDMENT.—The analysis for chap5 ter 53 of title 49, United States Code, is amended by add6 ing at the end the following: 

‘‘5341. Formal sexual assault and harassment policies.’’. 

7 SEC. 6. FORMAL SEXUAL ASSAULT AND HARASSMENT POLI8 CIES FOR PASSENGER VESSELS. 

9 (a) IN GENERAL.—Section 3507(d) of title 46, 

10 United States Code, is amended— 

11 (1) in paragraph (4), by striking ‘‘and’’ after 

12 the semicolon at the end; 

13 (2) in paragraph (5), by striking the period at 

14 the end and inserting a semicolon; and 

15 (3) by adding at the end the following: 

16 ‘‘(6)(A) issue a formal policy with respect to 

17 sexual assault or harassment incidents that in18 cludes— 

19 ‘‘(i) a statement indicating that no sexual 

20 assault or harassment incident is acceptable 

21 under any circumstance; 

22 ‘‘(ii) procedures that facilitate the report23 ing of a sexual assault or harassment incident, 

24 including— 


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1 ‘‘(I) appropriate public outreach ac2 tivities; and 

3 ‘‘(II) confidential phone and internet4 based opportunities for reporting; 

5 ‘‘(iii) procedures that personnel should fol6 low upon the reporting of a sexual assault or 

7 harassment incident, including actions to pro8 tect affected individuals from continued sexual 

9 assault or harassment and how to provide the 

10 information and access required under para11 graph (5); 

12 ‘‘(iv) procedures that may limit or prohibit, 

13 to the extent practicable, future travel on the 

14 vessel by any passenger who causes a transpor15 tation sexual assault or harassment incident; 

16 and 

17 ‘‘(v) training that is required for all appro18 priate personnel with respect to the policy re19 quired under this paragraph, including— 

20 ‘‘(I) specific training for personnel 

21 who may receive reports of sexual assault 

22 or harassment incidents; and 

23 ‘‘(II) recognizing and responding to 

24 potential human trafficking victims; and 


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1 ‘‘(B) prominently display on the internet 

2 website of the vessel owner and, through the use of 

3 appropriate signage on each vessel, a written state4 ment that— 

5 ‘‘(i) advises passengers and crew members 

6 that the vessel owner has adopted a formal pol7 icy with respect to sexual assault or harassment 

8 incidents; 

9 ‘‘(ii) informs passengers and personnel of 

10 the other major components of the vessel own11 er’s formal policy, including a statement indi12 cating that no transportation sexual assault or 

13 harassment incident is acceptable under any 

14 circumstance; and 

15 ‘‘(iii) informs passengers and crew mem16 bers of the procedure for reporting a sexual as17 sault or harassment incident; and 

18 ‘‘(7) have a formal policy in effect with respect 

19 to sexual assault or harassment incidents.’’. 

20 (b) REPORTING REQUIREMENT.—Section 

21 3507(g)(3)(A)(i) of title 46, United States Code, is 

22 amended by inserting ‘‘any sexual assault or harassment 

23 incident (as that term is defined in subsection (l) of this 

24 section) that constitutes a violation of law,’’ after ‘‘title 

25 18 applies,’’. 


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1 (c) STANDARD OF CARE.—Compliance with the re2 quirements of the amendments made by this section, and 

3 any policy issued thereunder, shall not determine whether 

4 the applicable owner of a vessel covered by such amend5 ments has acted with any requisite standard of care. 

6 (d) DEFINITIONS.—Section 3507(l) of title 46, 

7 United States Code, is amended to read as follows: 

8 ‘‘(l) DEFINITIONS.— 

9 ‘‘(1) OWNER.—In this section and section 

10 3508, the term ‘owner’ means the owner, charterer, 

11 managing operator, master, or other individual in 

12 charge of a vessel. 

13 ‘‘(2) SEXUAL ASSAULT.—The term ‘sexual as14 sault’ means the occurrence of an act that con15 stitutes any nonconsensual sexual act proscribed by 

16 Federal, tribal, or State law, including when the vic17 tim lacks capacity to consent. 

18 ‘‘(3) SEXUAL ASSAULT OR HARASSMENT INCI19 DENT.—The term ‘sexual assault or harassment in20 cident’ means the occurrence, or reasonably sus21 pected occurrence, of an act that— 

22 ‘‘(A) constitutes sexual assault or sexual 

23 harassment; and 

24 ‘‘(B) is committed— 


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1 ‘‘(i) by a passenger of a vessel to 

2 which this section applies or a member of 

3 the crew of such a vessel against another 

4 passenger of such vessel or a member of 

5 the crew of such a vessel; and 

6 ‘‘(ii) within— 

7 ‘‘(I) such a vessel; or 

8 ‘‘(II) an area in which passengers 

9 are entering or exiting such a vessel.’’. 

10 (e) MAINTENANCE AND PLACEMENT OF VIDEO SUR11 VEILLANCE EQUIPMENT.—Section 3507(b)(1) of title 46, 

12 United States Code, is amended— 

13 (1) by striking ‘‘The owner’’ and inserting the 

14 following: 

15 ‘‘(A) IN GENERAL.—The owner’’; 

16 (2) by striking ‘‘, as determined by the Sec17 retary’’; and 

18 (3) by adding at the end, the following: 

19 ‘‘(B) PLACEMENT OF VIDEO SURVEIL20 LANCE EQUIPMENT.—With regard to the place21 ment of video surveillance equipment on a ves22 sel under subparagraph (A), the owner shall— 

23 ‘‘(i) place video surveillance equipment 

24 in each passenger common area where a 


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1 person has no reasonable expectation of 

2 privacy; 

3 ‘‘(ii) place video surveillance equip4 ment in other areas where a person has no 

5 reasonable expectation of privacy; and 

6 ‘‘(iii) place video surveillance equip7 ment in each area identified under clause 

8 (i) or (ii) in a manner that provides opti9 mum surveillance of that area.’’. 

10 (f) NOTICE OF VIDEO SURVEILLANCE.—Section 

11 3507(b), of title 46, United States Code, is further amend12 ed by inserting after paragraph (1) the following: 

13 ‘‘(2) NOTICE OF VIDEO SURVEILLANCE.—The 

14 owner of a vessel to which this section applies shall 

15 provide clear and conspicuous signs on board the 

16 vessel notifying the public of the presence of video 

17 surveillance equipment.’’. 

18 (g) ACCESS TO VIDEO RECORDS.—Section 3507(b), 

19 of title 46, United States Code, is further amended— 

20 (1) by redesignating paragraph (2) as para21 graph (3); and 

22 (2) in paragraph (3), as so redesignated— 

23 (A) by striking ‘‘The owner’’ and inserting 

24 the following: 


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1 ‘‘(A) LAW ENFORCEMENT.—The owner’’; 

2 and 

3 (B) by adding at the end the following: 

4 ‘‘(B) CIVIL ACTIONS.—The owner of a ves5 sel to which this section applies shall provide to 

6 any individual or the individual’s legal rep7 resentative, upon written request, a copy of all 

8 records of video surveillance— 

9 ‘‘(i) in which the individual is a sub10 ject of the video surveillance; and 

11 ‘‘(ii) that may provide evidence in a 

12 civil action. 

13 ‘‘(C) LIMITED ACCESS.—The owner of a 

14 vessel to which this section applies shall ensure 

15 that access to records of video surveillance is 

16 limited to the purposes described in this para17 graph.’’. 

18 (h) RETENTION REQUIREMENTS.—Section 3507(b), 

19 of title 46, United States Code, is further amended by 

20 adding at the end the following: 

21 ‘‘(4) RETENTION REQUIREMENTS.— 

22 ‘‘(A) IN GENERAL.—The owner of a vessel 

23 to which this section applies shall retain all 

24 records of video surveillance for a voyage for 

25 not less than 90 days after the completion of 


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1 the voyage. If an incident described in sub2 section (g)(3)(A)(i) is alleged and reported to 

3 law enforcement, all records of video surveil4 lance from the voyage that the Federal Bureau 

5 of Investigation determines are relevant shall— 

6 ‘‘(i) be provided to the Federal Bu7 reau of Investigation; and 

8 ‘‘(ii) be preserved by the vessel owner 

9 for not less than 5 years from the date of 

10 the alleged incident. 

11 ‘‘(B) INTERIM STANDARDS.—Not later 

12 than 180 days after the date of enactment of 

13 the Stop Sexual Assault and Harassment in 

14 Transportation Act, the Commandant, in con15 sultation with the Federal Bureau of Investiga16 tion, shall promulgate interim standards for the 

17 retention of records of video surveillance. 

18 ‘‘(C) FINAL STANDARDS.—Not later than 

19 1 year after the date of enactment of the Stop 

20 Sexual Assault and Harassment in Transpor21 tation Act, the Commandant, in consultation 

22 with the Federal Bureau of Investigation, shall 

23 promulgate final standards for the retention of 

24 records of video surveillance. 


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1 ‘‘(D) CONSIDERATIONS.—In promulgating 

2 standards under subparagraphs (B) and (C), 

3 the Commandant shall— 

4 ‘‘(i) consider factors that would aid in 

5 the investigation of serious crimes, includ6 ing crimes that go unreported until after 

7 the completion of a voyage; 

8 ‘‘(ii) consider the different types of 

9 video surveillance systems and storage re10 quirements in creating standards both for 

11 vessels currently in operation and for ves12 sels newly built; 

13 ‘‘(iii) consider privacy, including 

14 standards for permissible access to and 

15 monitoring and use of the records of video 

16 surveillance; and 

17 ‘‘(iv) consider technological advance18 ments, including requirements to update 

19 technology.’’. 

20 (i) IMPLEMENTATION.—Not later than 180 days 

21 after the date of enactment of this Act, the owner of a 

22 vessel to which section 3507 of title 46, United States 

23 Code, applies shall issue the formal policy with respect to 

24 sexual assault or harassment incidents required by the 

25 amendments made by this section. 


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1 SEC. 7. CIVIL PENALTIES FOR INTERFERENCE WITH CER2 TAIN TRANSPORTATION PERSONNEL. 

3 (a) IN GENERAL.—Chapter 805 of title 49, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 80505. Interference with certain transportation 

7 personnel 

8 ‘‘(a) GENERAL RULE.—An individual who physically 

9 or sexually assaults or threatens to physically or sexually 

10 assault an employee engaged in the transportation of pas11 sengers on behalf of a covered entity, or takes any action 

12 that poses an imminent threat to the safety of a vehicle 

13 of a covered entity that is transporting passengers, includ14 ing rolling stock, motorcoaches, and ferries, is liable to the 

15 United States Government for a civil penalty of— 

16 ‘‘(1) for calendar years 2019 through 2024, not 

17 more than $35,000; 

18 ‘‘(2) for calendar years 2025 through 2029, not 

19 more than $40,000; and 

20 ‘‘(3) for calendar year 2030 and thereafter, not 

21 more than $45,000. 

22 ‘‘(b) COMPROMISE AND SETOFF.— 

23 ‘‘(1) COMPROMISE.—The Secretary of Trans24 portation may compromise the amount of a civil pen25 alty imposed under this section. 


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1 ‘‘(2) SETOFF.—The United States Government 

2 may deduct the amount of a civil penalty imposed or 

3 compromised under this section from amounts the 

4 Government owes the person liable for the penalty. 

5 ‘‘(c) COVERED ENTITY DEFINED.—In this section, 

6 the term ‘covered entity’ means an entity that is 1 of the 

7 following: 

8 ‘‘(1) A recipient of Federal funds under chapter 

9 53 of this title. 

10 ‘‘(2) A motor carrier of passengers that— 

11 ‘‘(A) conducts regularly scheduled intercity 

12 service; and 

13 ‘‘(B) is a Class I carrier (as that term is 

14 used in section 369.3(a) of title 49, Code of 

15 Federal Regulations). 

16 ‘‘(3) An entity providing commuter rail pas17 senger transportation or intercity rail passenger 

18 transportation (as those terms are defined in section 

19 24102 of this title). 

20 ‘‘(4) The owner of a vessel for which section 

21 3507 of title 46 applies. 

22 ‘‘(5) A transportation network company.’’. 

23 (b) CLERICAL AMENDMENT.—The analysis for chap24 ter 805 of title 49, United States Code, is amended by 


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1 inserting after the item relating to section 80504 the fol2 lowing: 

‘‘80505. Interference with certain transportation personnel.’’. 

3 (c) GRADUATED FINES FOR INTERFERENCE WITH

4 CABIN OR FLIGHT CREW.—Section 46318(a) of title 49, 

5 United States Code, is amended by striking ‘‘penalty of 

6 not more than $35,000.’’ and inserting the following: 

7 ‘‘penalty of— 

8 ‘‘(1) for calendar years 2019 through 2024, not 

9 more than $35,000; 

10 ‘‘(2) for calendar years 2025 through 2029, not 

11 more than $40,000; and 

12 ‘‘(3) for calendar year 2030 and thereafter, not 

13 more than $45,000.’’. 

14 SEC. 8. FORMAL SEXUAL ASSAULT AND HARASSMENT POLI15 CIES FOR TRANSPORTATION NETWORK COM16 PANIES. 

17 (a) REQUIREMENT.—Not later than 180 days after 

18 the date of enactment of this Act, each transportation net19 work company shall issue, in consultation with labor 

20 unions representing TNC drivers of each such transpor21 tation network company, if applicable, a formal policy with 

22 respect to transportation sexual assault or harassment in23 cidents. 

24 (b) CONTENTS.—The policy required under sub25 section (a) shall include— 


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1 (1) a statement indicating that no transpor2 tation sexual assault or harassment incident is ac3 ceptable under any circumstance; 

4 (2) procedures that facilitate the reporting of a 

5 transportation sexual assault or harassment inci6 dent, including— 

7 (A) appropriate public outreach activities; 

8 and 

9 (B) confidential phone and internet-based 

10 opportunities for reporting; 

11 (3) procedures that TNC personnel should fol12 low upon the reporting of a transportation sexual as13 sault or harassment incident, including actions to 

14 protect affected individuals from continued sexual 

15 assault or harassment and to notify law enforcement 

16 when appropriate; 

17 (4) procedures that may limit or prohibit, to the 

18 extent practicable, future use of the transportation 

19 network company platform by any passenger or 

20 TNC driver who causes a transportation sexual as21 sault or harassment incident; and 

22 (5) training that is required for all appropriate 

23 personnel with respect to the policy required under 

24 subsection (a), including— 


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1 (A) specific training for such personnel 

2 who may receive reports of transportation sex3 ual assault or harassment incidents; and 

4 (B) recognizing and responding to poten5 tial human trafficking victims. 

6 (c) PASSENGER INFORMATION.—A transportation 

7 network company shall prominently display, on the inter8 net website of the company and through the use of appro9 priate signage, a written statement that— 

10 (1) advises passengers that the transportation 

11 network company has adopted a formal policy with 

12 respect to transportation sexual assault or harass13 ment incidents; 

14 (2) informs passengers, TNC drivers, and TNC 

15 personnel of the other major components of the 

16 transportation network company’s formal policy, in17 cluding a statement indicating that no transpor18 tation sexual assault or harassment incident is ac19 ceptable under any circumstance; and 

20 (3) informs passengers of the procedure for re21 porting a transportation sexual assault or harass22 ment incident. 

23 (d) STANDARD OF CARE.—Compliance with the re24 quirements of this section, and any policy issued there25 under, shall not determine whether the transportation netVerDate Sep 11 2014 02:16 Nov 19, 2019 Jkt 099200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H5139.IH H5139

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1 work company has acted with any requisite standard of 

2 care. 

3 SEC. 9. DATA COLLECTION. 

4 (a) IN GENERAL.—Not later than 1 year after the 

5 date of enactment of this Act, the Secretary of Transpor6 tation shall establish a program to annually collect and 

7 maintain data from each covered entity on— 

8 (1) the number of transportation sexual assault 

9 or harassment incidents reported to the covered enti10 ty, including— 

11 (A) the number of incidents committed 

12 against passengers; and 

13 (B) the number of incidents committed 

14 against personnel or, in the case of a TNC, a 

15 TNC driver; 

16 (2) the number of transportation sexual assault 

17 or harassment incidents reported to law enforcement 

18 by personnel of the covered entity; and 

19 (3) any transportation sexual assault or harass20 ment incidents compiled and maintained under sec21 tion 3507(g)(4)(A)(i) of title 46, United States 

22 Code. 

23 (b) DATA AVAILABILITY.—Subject to subsection (c), 

24 the Secretary shall make available to the public on the 

25 primary internet website of the Department of TransporVerDate Sep 11 2014 02:16 Nov 19, 2019 Jkt 099200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H5139.IH H5139

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1 tation the data collected and maintained under subsection 

2 (a). 

3 (c) DATA PROTECTION.—Data made available under 

4 subsection (b) shall be made available in a manner that— 

5 (1) protects the privacy and confidentiality of 

6 individuals involved in a transportation sexual as7 sault or harassment incident; 

8 (2) precludes the connection of the data to any 

9 individual covered entity; and 

10 (3) is organized by mode of transportation. 

11 (d) PAPERWORK REDUCTION.—Subchapter I of 

12 chapter 35 of title 44, United States Code, does not apply 

13 to this Act. 

14 SEC. 10. CRIMINAL REPORTING PROCESS. 

15 The Attorney General, in coordination with the Sec16 retary of Transportation, shall expand the process re17 quired to be established under section 339B of the FAA 

18 Reauthorization Act of 2018 (Public Law 115–254) to 

19 provide for a streamlined process for any individuals in20 volved in alleged transportation sexual assault or harass21 ment incidents that constitute a violation of law to report 

22 those allegations to law enforcement in a manner that pro23 tects the privacy and confidentiality of individuals involved 

24 in such allegations and through the same primary internet 


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1 websites as provided under subsection (b) of such section, 

2 as determined appropriate by the Attorney General. 

3 SEC. 11. INSPECTOR GENERAL REPORT TO CONGRESS. 

4 Not later than 18 months after the date of enactment 

5 of this Act, and every 2 years thereafter, the inspector 

6 general of the Department of Transportation shall assess 

7 compliance with the provisions of this Act and the amend8 ments made by this Act, including the accuracy of the re9 porting of transportation sexual assault or harassment in10 cidents by covered entities. 

11 SEC. 12. DEFINITION OF SEXUAL HARASSMENT. 

12 (a) IN GENERAL.—Not later than 180 days after the 

13 date of enactment of this Act, the Secretary of Transpor14 tation shall develop, and publish in the Federal Register, 

15 a definition of sexual harassment for purposes of the im16 plementation of this Act and the amendments made by 

17 this Act. 

18 (b) CONSULTATION.—In developing the definition 

19 under subsection (a), the Secretary shall consult with, and 

20 consider input from— 

21 (1) labor unions representing transportation 

22 workers employed by covered entities; and 

23 (2) national organizations that specialize in pro24 viding services to sexual assault victims. 


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1 SEC. 13. DEFINITIONS. 

2 In this Act: 

3 (1) COVERED ENTITY.—The term ‘‘covered en4 tity’’ means an entity that is one of the following: 

5 (A) An air carrier (as that term is defined 

6 in section 40102 of title 49, United States 

7 Code) that transports passengers for compensa8 tion. 

9 (B) A foreign air carrier (as that term is 

10 defined in section 40102 of title 49, United 

11 States Code) that transports passengers for 

12 compensation. 

13 (C) A recipient of Federal funds under 

14 chapter 53 of title 49, United States Code. 

15 (D) A motor carrier of passengers that— 

16 (i) conducts regularly scheduled inter17 city service; and 

18 (ii) is a Class I carrier (as that term 

19 is used in section 369.3(a) of title 49, 

20 Code of Federal Regulations). 

21 (E) An entity providing commuter rail pas22 senger transportation or intercity rail passenger 

23 transportation (as those terms are defined in 

24 section 24102 of title 49, United States Code). 

25 (F) The owner of a vessel for which section 

26 3507 of title 46, United States Code, applies. 


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1 (G) A transportation network company. 

2 (2) SEXUAL ASSAULT.—The term ‘‘sexual as3 sault’’ means the occurrence of an act that con4 stitutes any nonconsensual sexual act proscribed by 

5 Federal, tribal, or State law, including when the vic6 tim lacks capacity to consent. 

7 (3) TNC DRIVER.—The term ‘‘TNC driver’’ 

8 means an individual who is employed, contracted by, 

9 or otherwise affiliated with a transportation network 

10 company to provide transportation services (also 

11 known as ride-sharing) to the public. 

12 (4) TNC PERSONNEL.—The term ‘‘TNC per13 sonnel’’ means an employee or contractor of a cov14 ered transportation network company, other than a 

15 TNC driver. 

16 (5) TRANSPORTATION NETWORK COMPANY.— 

17 The term ‘‘transportation network company’’— 

18 (A) means a corporation, partnership, sole 

19 proprietorship, or other entity, that uses a dig20 ital network to connect riders to drivers affili21 ated with the entity in order for the driver to 

22 transport the rider using a vehicle owned, 

23 leased, or otherwise authorized for use by the 

24 driver to a point chosen by the rider; and 


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1 (B) does not include a shared-expense car2 pool or vanpool arrangement that is not in3 tended to generate profit for the driver. 

4 (6) TRANSPORTATION SEXUAL ASSAULT OR

5 HARASSMENT INCIDENT.—The term ‘‘transportation 

6 sexual assault or harassment incident’’ means the 

7 occurrence, or reasonably suspected occurrence, of 

8 an act that— 

9 (A) constitutes sexual assault or sexual 

10 harassment; and 

11 (B) is committed— 

12 (i) by a passenger or a member of the 

13 personnel of a covered entity, or in the 

14 case of a TNC, a TNC driver of the cov15 ered entity, against another passenger or 

16 member of personnel or TNC driver of the 

17 covered entity; and 

18 (ii) within— 

19 (I) a vehicle of the covered entity 

20 that is transporting passengers, in21 cluding aircraft, rolling stock, 

22 motorcoaches, and ferries; or 

23 (II) an area in which passengers 

24 are entering or exiting such a vehicle. 

Æ 


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