IB 

Union Calendar No. 371 

116TH CONGRESS 

2D SESSION H. R. 5139 

[Report No. 116–463, Part I] 

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 

JULY 29, 2020 

Additional sponsors: Mr. COHEN, Ms. WILSON of Florida, Mr. LIPINSKI, Ms. 

FINKENAUER, Ms. PLASKETT, Ms. KUSTER of New Hampshire, Mr. 

DESAULNIER, and Mrs. LAWRENCE

JULY 29, 2020 

Reported from the Committee on Transportation and Infrastructure with an 

amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

JULY 29, 2020 

Committee on the Judiciary discharged; committed to the Committee of the 

Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on November 18, 2019] 


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A BILL 

To protect transportation personnel and passengers from 

sexual assault and harassment, and for other purposes. 


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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 and 

5 Harassment in Transportation Act’’. 

6 SEC. 2. FORMAL SEXUAL ASSAULT AND HARASSMENT POLI7 CIES ON AIR CARRIERS AND FOREIGN AIR 

8 CARRIERS. 

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

10 States Code, is amended by adding at the end the following: 

11 ‘‘§ 41727. Formal sexual assault and harassment poli12 cies 

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

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

15 foreign air carrier transporting passengers for compensa16 tion shall issue, in consultation with labor unions rep17 resenting personnel of the air carrier or foreign air carrier, 

18 a formal policy with respect to transportation sexual as19 sault or harassment incidents. 

20 ‘‘(b) CONTENTS.—The policy required under subsection 

21 (a) shall include— 

22 ‘‘(1) a statement indicating that no transpor23 tation sexual assault or harassment incident is ac24 ceptable under any circumstance; 


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1 ‘‘(2) procedures that facilitate the reporting of a 

2 transportation sexual assault or harassment incident, 

3 including— 

4 ‘‘(A) appropriate public outreach activities; 

5 and 

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

7 opportunities for reporting; 

8 ‘‘(3) procedures that personnel should follow 

9 upon the reporting of a transportation sexual assault 

10 or harassment incident, including actions to protect 

11 affected individuals from continued sexual assault or 

12 harassment and to notify law enforcement when ap13 propriate; 

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

15 the extent practicable, future travel with the air car16 rier or foreign air carrier by any passenger who 

17 causes a transportation sexual assault or harassment 

18 incident; and 

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

20 personnel with respect to the policy required under 

21 subsection (a), including— 

22 ‘‘(A) specific training for personnel who 

23 may receive reports of transportation sexual as24 sault or harassment incidents; and 


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1 ‘‘(B) recognizing and responding to poten2 tial human trafficking victims, in the same 

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

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

5 foreign air carrier described in subsection (a) shall promi6 nently display, on the internet website of the air carrier 

7 or foreign air carrier and through the use of appropriate 

8 signage, a written statement that— 

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

10 carrier has adopted a formal policy with respect to 

11 transportation sexual assault or harassment inci12 dents; 

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

14 other major components of the carrier’s formal policy, 

15 including a statement indicating that no transpor16 tation sexual assault or harassment incident is ac17 ceptable under any circumstance; and 

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

19 procedure for reporting a transportation sexual as20 sault or harassment incident. 

21 ‘‘(d) STANDARD OF CARE.—Compliance with the re22 quirements of this section, and any policy issued there23 under, shall not determine whether the air carrier or foreign 

24 air carrier described in subsection (a) has acted with any 

25 requisite standard of care. 


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

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

3 an employee or contractor of an air carrier or foreign 

4 air carrier. 

5 ‘‘(2) SEXUAL ASSAULT.—The term ‘sexual as6 sault’ means the occurrence of an act that constitutes 

7 any nonconsensual sexual act proscribed by Federal, 

8 tribal, or State law, including when the victim lacks 

9 capacity to consent. 

10 ‘‘(3) TRANSPORTATION SEXUAL ASSAULT OR

11 HARASSMENT INCIDENT.—The term ‘transportation 

12 sexual assault or harassment incident’ means the oc13 currence, or reasonably suspected occurrence, of an 

14 act that— 

15 ‘‘(A) constitutes sexual assault or sexual 

16 harassment; and 

17 ‘‘(B) is committed— 

18 ‘‘(i) by a passenger or member of per19 sonnel of an air carrier or foreign air car20 rier against another passenger or member of 

21 personnel of an air carrier or foreign air 

22 carrier; and 

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

24 in which passengers are entering or exiting 

25 an aircraft.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for chapter 

2 417 of title 49, United States Code, is amended by adding 

3 at the end the following: 

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

4 SEC. 3. FORMAL SEXUAL ASSAULT AND HARASSMENT POLI5 CIES FOR CERTAIN MOTOR CARRIERS. 

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

7 date of enactment of this Act, each covered motor carrier 

8 shall issue, in consultation with labor unions representing 

9 personnel of the covered motor carrier, a formal policy with 

10 respect to transportation sexual assault or harassment inci11 dents. 

12 (b) CONTENTS.—The policy required under subsection 

13 (a) shall include— 

14 (1) a statement indicating that no transpor15 tation sexual assault or harassment incident is ac16 ceptable under any circumstance; 

17 (2) procedures that facilitate the reporting of a 

18 transportation sexual assault or harassment incident, 

19 including— 

20 (A) appropriate public outreach activities; 

21 and 

22 (B) confidential phone and internet-based 

23 opportunities for reporting; 

24 (3) procedures that personnel should follow upon 

25 the reporting of a transportation sexual assault or 


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1 harassment incident, including actions to protect af2 fected individuals from continued sexual assault or 

3 harassment and to notify law enforcement when ap4 propriate; 

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

6 practicable, future travel with the covered motor car7 rier by any passenger who causes a transportation 

8 sexual assault or harassment incident; and 

9 (5) training that is required for all appropriate 

10 personnel with respect to the policy required under 

11 subsection (a), including— 

12 (A) specific training for personnel who may 

13 receive reports of transportation sexual assault 

14 or harassment incidents; and 

15 (B) recognizing and responding to potential 

16 human trafficking victims. 

17 (c) PASSENGER INFORMATION.—A covered motor car18 rier shall prominently display, on the internet website of 

19 the covered motor carrier and through the use of appro20 priate signage, a written statement that— 

21 (1) advises passengers that the covered motor 

22 carrier has adopted a formal policy with respect to 

23 transportation sexual assault or harassment inci24 dents; 


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1 (2) informs passengers and personnel of the other 

2 major components of the covered motor carrier’s for3 mal policy, including a statement indicating that no 

4 transportation sexual assault or harassment incident 

5 is acceptable under any circumstance; and 

6 (3) informs passengers of the procedure for re7 porting a transportation sexual assault or harassment 

8 incident. 

9 (d) STANDARD OF CARE.—Compliance with the re10 quirements of this section, and any policy issued there11 under, shall not determine whether the covered motor car12 rier has acted with any requisite standard of care. 

13 (e) DEFINITIONS.—In this section: 

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

15 an employee or contractor of a covered motor carrier. 

16 (2) COVERED MOTOR CARRIER.—The term ‘‘cov17 ered motor carrier’’ means a motor carrier of pas18 sengers that— 

19 (A) conducts regularly scheduled intercity 

20 service; and 

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

22 used in section 369.3(a) of title 49, Code of Fed23 eral Regulations). 

24 (3) SEXUAL ASSAULT.—The term ‘‘sexual as25 sault’’ means the occurrence of an act that constitutes 


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1 any nonconsensual sexual act proscribed by Federal, 

2 tribal, or State law, including when the victim lacks 

3 capacity to consent. 

4 (4) TRANSPORTATION SEXUAL ASSAULT OR HAR5 ASSMENT INCIDENT.—The term ‘‘transportation sex6 ual assault or harassment incident’’ means the occur7 rence, or reasonably suspected occurrence, of an act 

8 that— 

9 (A) constitutes sexual assault or sexual har10 assment; and 

11 (B) is committed— 

12 (i) by a passenger or member of per13 sonnel of covered motor carrier against an14 other passenger or member of personnel of 

15 the covered motor carrier; and 

16 (ii) within a vehicle of the motor car17 rier or in an area in which passengers are 

18 entering or exiting such a vehicle. 

19 SEC. 4. FORMAL SEXUAL ASSAULT AND HARASSMENT POLI20 CIES ON PASSENGER COMMUTER AND INTER21 CITY RAIL. 

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

23 States Code, is amended by adding at the end the following: 


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1 ‘‘§ 24104. Formal sexual assault and harassment poli2 cies 

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

4 the date of enactment of this section, each covered rail entity 

5 shall issue, in consultation with labor unions representing 

6 personnel with respect to the covered rail entity, a formal 

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

9 ‘‘(b) CONTENTS.—The policy required under subsection 

10 (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 incident, 

16 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 or prohibit, to 

2 the extent practicable, future travel with the covered 

3 rail entity by any passenger who causes a transpor4 tation 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 rail entity 

14 shall prominently display, on the internet website of the en15 tity and through the use of appropriate signage, a written 

16 statement that— 

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

18 covered rail entity has adopted a formal policy with 

19 respect to transportation sexual assault or harassment 

20 incidents; 

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

22 other major components of the covered rail entity’s 

23 formal policy, including a statement indicating that 

24 no transportation sexual assault or harassment inci25 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 ‘covered 

10 rail entity’ means an entity providing commuter rail 

11 passenger transportation or intercity rail passenger 

12 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 constitutes 

17 any nonconsensual sexual act proscribed by Federal, 

18 tribal, or State law, including when the victim lacks 

19 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 another 

6 passenger or member of personnel of the cov7 ered 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 chapter 

13 241 of title 49, United States Code, is amended by adding 

14 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 following: 

19 ‘‘§ 5341. Formal sexual assault and harassment poli20 cies 

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

22 the date of enactment of this section, each recipient of Fed23 eral funds under this chapter operating vehicles shall issue, 

24 in consultation with labor unions representing personnel 


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

2 to transportation sexual assault or harassment incidents. 

3 ‘‘(b) CONTENTS.—The policy required under subsection 

4 (a) shall include— 

5 ‘‘(1) a statement indicating that no transpor6 tation sexual assault or harassment incident is ac7 ceptable under any circumstance; 

8 ‘‘(2) procedures that facilitate the reporting of a 

9 transportation sexual assault or harassment incident, 

10 including— 

11 ‘‘(A) appropriate public outreach activities; 

12 and 

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

14 opportunities for reporting; 

15 ‘‘(3) procedures that personnel should follow 

16 upon the reporting of a transportation sexual assault 

17 or harassment incident, including actions to protect 

18 affected individuals from continued sexual assault or 

19 harassment and to notify law enforcement when ap20 propriate; 

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

22 practicable, future travel with the recipient entity by 

23 any passenger who causes a transportation sexual as24 sault 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 en11 tity and through the use of appropriate signage, a written 

12 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 constitutes 

11 any nonconsensual sexual act proscribed by Federal, 

12 tribal, or State law, including when the victim lacks 

13 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 re25 cipient 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 chapter 

5 53 of title 49, United States Code, is amended by adding 

6 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, United 

10 States Code, is amended— 

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

12 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 sex17 ual assault or harassment incidents that includes— 

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

19 assault or harassment incident is acceptable 

20 under any circumstance; 

21 ‘‘(ii) procedures that facilitate the reporting 

22 of a sexual assault or harassment incident, in23 cluding— 

24 ‘‘(I) appropriate public outreach ac25 tivities; and 


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1 ‘‘(II) confidential phone and internet2 based opportunities for reporting; 

3 ‘‘(iii) procedures that personnel should fol4 low upon the reporting of a sexual assault or 

5 harassment incident, including actions to protect 

6 affected individuals from continued sexual as7 sault or harassment and how to provide the in8 formation and access required under paragraph 

9 (5); 

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

11 to the extent practicable, future travel on the ves12 sel by any passenger who causes a transportation 

13 sexual assault or harassment incident; and 

14 ‘‘(v) training that is required for all appro15 priate personnel with respect to the policy re16 quired under this paragraph, including— 

17 ‘‘(I) specific training for personnel who 

18 may receive reports of sexual assault or har19 assment incidents; and 

20 ‘‘(II) recognizing and responding to 

21 potential human trafficking victims; and 

22 ‘‘(B) prominently display on the internet website 

23 of the vessel owner and, through the use of appro24 priate signage on each vessel, a written statement 

25 that— 


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1 ‘‘(i) advises passengers and crew members 

2 that the vessel owner has adopted a formal policy 

3 with respect to sexual assault or harassment in4 cidents; 

5 ‘‘(ii) informs passengers and personnel of 

6 the other major components of the vessel owner’s 

7 formal policy, including a statement indicating 

8 that no transportation sexual assault or harass9 ment incident is acceptable under any cir10 cumstance; and 

11 ‘‘(iii) informs passengers and crew members 

12 of the procedure for reporting a sexual assault or 

13 harassment incident; and 

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

15 to sexual assault or harassment incidents.’’. 

16 (b) REPORTING REQUIREMENT.—Section 

17 3507(g)(3)(A)(i) of title 46, United States Code, is amended 

18 by inserting ‘‘any sexual assault or harassment incident (as 

19 that term is defined in subsection (l) of this section) that 

20 constitutes a violation of law,’’ after ‘‘title 18 applies,’’. 

21 (c) STANDARD OF CARE.—Compliance with the re22 quirements of the amendments made by this section, and 

23 any policy issued thereunder, shall not determine whether 

24 the applicable owner of a vessel covered by such amend25 ments has acted with any requisite standard of care. 


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

2 States Code, is amended to read as follows: 

3 ‘‘(l) DEFINITIONS.— 

4 ‘‘(1) OWNER.—In this section and section 3508, 

5 the term ‘owner’ means the owner, charterer, man6 aging operator, master, or other individual in charge 

7 of a vessel. 

8 ‘‘(2) SEXUAL ASSAULT.—The term ‘sexual as9 sault’ means the occurrence of an act that constitutes 

10 any nonconsensual sexual act proscribed by Federal, 

11 tribal, or State law, including when the victim lacks 

12 capacity to consent. 

13 ‘‘(3) SEXUAL ASSAULT OR HARASSMENT INCI14 DENT.—The term ‘sexual assault or harassment inci15 dent’ means the occurrence, or reasonably suspected 

16 occurrence, of an act that— 

17 ‘‘(A) constitutes sexual assault or sexual 

18 harassment; and 

19 ‘‘(B) is committed— 

20 ‘‘(i) by a passenger of a vessel to which 

21 this section applies or a member of the crew 

22 of such a vessel against another passenger of 

23 such vessel or a member of the crew of such 

24 a vessel; and 

25 ‘‘(ii) within— 


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1 ‘‘(I) such a vessel; or 

2 ‘‘(II) an area in which passengers 

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

4 (e) MAINTENANCE AND PLACEMENT OF VIDEO SUR5 VEILLANCE EQUIPMENT.—Section 3507(b)(1) of title 46, 

6 United States Code, is amended— 

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

8 following: 

9 ‘‘(A) IN GENERAL.—The owner’’; 

10 (2) by striking ‘‘, as determined by the Sec11 retary’’; and 

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

13 ‘‘(B) PLACEMENT OF VIDEO SURVEILLANCE

14 EQUIPMENT.—With regard to the placement of 

15 video surveillance equipment on a vessel under 

16 subparagraph (A), the owner shall— 

17 ‘‘(i) place video surveillance equipment 

18 in each passenger common area where a 

19 person has no reasonable expectation of pri20 vacy; 

21 ‘‘(ii) place video surveillance equip22 ment in other areas where a person has no 

23 reasonable expectation of privacy; and 

24 ‘‘(iii) place video surveillance equip25 ment in each area identified under clause 


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1 (i) or (ii) in a manner that provides opti2 mum surveillance of that area.’’. 

3 (f) NOTICE OF VIDEO SURVEILLANCE.—Section 

4 3507(b), of title 46, United States Code, is further amended 

5 by inserting after paragraph (1) the following: 

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

7 owner of a vessel to which this section applies shall 

8 provide clear and conspicuous signs on board the ves9 sel notifying the public of the presence of video sur10 veillance equipment.’’. 

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

12 title 46, United States Code, is further amended— 

13 (1) by redesignating paragraph (2) as para14 graph (3); and 

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

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

17 the following: 

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

19 and 

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

21 ‘‘(B) CIVIL ACTIONS.—The owner of a vessel 

22 to which this section applies shall provide to any 

23 individual or the individual’s legal representa24 tive, upon written request, a copy of all records 

25 of video surveillance— 


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1 ‘‘(i) in which the individual is a sub2 ject of the video surveillance; and 

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

4 civil action. 

5 ‘‘(C) LIMITED ACCESS.—The owner of a ves6 sel to which this section applies shall ensure that 

7 access to records of video surveillance is limited 

8 to the purposes described in this paragraph.’’. 

9 (h) RETENTION REQUIREMENTS.—Section 3507(b), of 

10 title 46, United States Code, is further amended by adding 

11 at the end the following: 

12 ‘‘(4) RETENTION REQUIREMENTS.— 

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

14 which this section applies shall retain all records 

15 of video surveillance for a voyage for not less 

16 than 90 days after the completion of the voyage. 

17 If an incident described in subsection 

18 (g)(3)(A)(i) is alleged and reported to law en19 forcement, all records of video surveillance from 

20 the voyage that the Federal Bureau of Investiga21 tion determines are relevant shall— 

22 ‘‘(i) be provided to the Federal Bureau 

23 of Investigation; and 


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

2 for not less than 5 years from the date of 

3 the alleged incident. 

4 ‘‘(B) INTERIM STANDARDS.—Not later than 

5 180 days after the date of enactment of the Stop 

6 Sexual Assault and Harassment in Transpor7 tation Act, the Commandant, in consultation 

8 with the Federal Bureau of Investigation, shall 

9 promulgate interim standards for the retention 

10 of records of video surveillance. 

11 ‘‘(C) FINAL STANDARDS.—Not later than 1 

12 year after the date of enactment of the Stop Sex13 ual Assault and Harassment in Transportation 

14 Act, the Commandant, in consultation with the 

15 Federal Bureau of Investigation, shall promul16 gate final standards for the retention of records 

17 of video surveillance. 

18 ‘‘(D) CONSIDERATIONS.—In promulgating 

19 standards under subparagraphs (B) and (C), the 

20 Commandant shall— 

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

22 the investigation of serious crimes, includ23 ing crimes that go unreported until after 

24 the completion of a voyage; 


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1 ‘‘(ii) consider the different types of 

2 video surveillance systems and storage re3 quirements in creating standards both for 

4 vessels currently in operation and for vessels 

5 newly built; 

6 ‘‘(iii) consider privacy, including 

7 standards for permissible access to and 

8 monitoring and use of the records of video 

9 surveillance; and 

10 ‘‘(iv) consider technological advance11 ments, including requirements to update 

12 technology.’’. 

13 (i) IMPLEMENTATION.—Not later than 180 days after 

14 the date of enactment of this Act, the owner of a vessel to 

15 which section 3507 of title 46, United States Code, applies 

16 shall issue the formal policy with respect to sexual assault 

17 or harassment incidents required by the amendments made 

18 by this section. 

19 SEC. 7. CIVIL PENALTIES FOR INTERFERENCE WITH CER20 TAIN TRANSPORTATION PERSONNEL. 

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

22 States Code, is amended by adding at the end the following: 


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1 ‘‘§ 80505. Interference with certain transportation per2 sonnel 

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

4 or sexually assaults or threatens to physically or sexually 

5 assault an employee engaged in the transportation of pas6 sengers on behalf of a covered entity, or takes any action 

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

8 a covered entity that is transporting passengers, including 

9 rolling stock, motorcoaches, and ferries, is liable to the 

10 United States Government for a civil penalty of— 

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

12 more than $35,000; 

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

14 more than $40,000; and 

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

16 more than $45,000. 

17 ‘‘(b) COMPROMISE AND SETOFF.— 

18 ‘‘(1) COMPROMISE.—The Secretary of Transpor19 tation may compromise the amount of a civil penalty 

20 imposed under this section. 

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

22 may deduct the amount of a civil penalty imposed or 

23 compromised under this section from amounts the 

24 Government owes the person liable for the penalty. 


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

2 term ‘covered entity’ means an entity that is 1 of the fol3 lowing: 

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

5 53 of this title. 

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

7 ‘‘(A) conducts regularly scheduled intercity 

8 service; and 

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

10 used in section 369.3(a) of title 49, Code of Fed11 eral Regulations). 

12 ‘‘(3) An entity providing commuter rail pas13 senger transportation or intercity rail passenger 

14 transportation (as those terms are defined in section 

15 24102 of this title). 

16 ‘‘(4) The owner of a vessel for which section 3507 

17 of title 46 applies. 

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

19 (b) CLERICAL AMENDMENT.—The analysis for chapter 

20 805 of title 49, United States Code, is amended by inserting 

21 after the item relating to section 80504 the following: 

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

22 (c) GRADUATED FINES FOR INTERFERENCE WITH

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

24 United States Code, is amended by striking ‘‘penalty of not 


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1 more than $35,000.’’ and inserting the following: ‘‘penalty 

2 of— 

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

4 more than $35,000; 

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

6 more than $40,000; and 

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

8 more than $45,000.’’. 

9 SEC. 8. FORMAL SEXUAL ASSAULT AND HARASSMENT POLI10 CIES FOR TRANSPORTATION NETWORK COM11 PANIES AND FOR-HIRE VEHICLE COMPANIES. 

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

13 date of enactment of this Act, each transportation network 

14 company and for-hire vehicle company shall issue, in con15 sultation with labor unions representing TNC drivers of 

16 each such transportation network company or FVC drivers 

17 of each for-hire vehicle company, if applicable, a formal pol18 icy with respect to transportation sexual assault or harass19 ment incidents. 

20 (b) CONTENTS.—The policy required under subsection 

21 (a) shall include— 

22 (1) a statement indicating that no transpor23 tation sexual assault or harassment incident is ac24 ceptable under any circumstance; 


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1 (2) procedures that facilitate the reporting of a 

2 transportation sexual assault or harassment incident, 

3 including— 

4 (A) appropriate public outreach activities; 

5 (B) confidential phone and internet-based 

6 opportunities for reporting; and 

7 (C) TNC personnel or FVC personnel 

8 trained to receive reports; 

9 (3) procedures that TNC personnel or FVC per10 sonnel should follow upon the reporting of a transpor11 tation sexual assault or harassment incident, includ12 ing actions to protect affected individuals from con13 tinued sexual assault or harassment and to notify law 

14 enforcement when appropriate; 

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

16 extent practicable, future use of the transportation 

17 network company platform by any passenger or TNC 

18 driver, or future use of the for-hire vehicle company 

19 service by any passenger or FVC driver, who causes 

20 a transportation sexual assault or harassment inci21 dent; 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 who 

2 may receive reports of transportation sexual as3 sault or harassment incidents; and 

4 (B) recognizing and responding to potential 

5 human trafficking victims. 

6 (c) PASSENGER INFORMATION.—A transportation net7 work company or for-hire vehicle company shall promi8 nently display, on the internet website of the company and 

9 through the use of appropriate signage, a written statement 

10 that— 

11 (1) advises passengers that the transportation 

12 network company or for-hire vehicle company has 

13 adopted a formal policy with respect to transpor14 tation sexual assault or harassment incidents; 

15 (2) informs passengers, TNC drivers, TNC per16 sonnel, FVC drivers, and FVC personnel of the other 

17 major components of the transportation network com18 pany’s formal policy or the for-hire vehicle company’s 

19 formal policy, including a statement indicating that 

20 no transportation sexual assault or harassment inci21 dent is acceptable under any circumstance; and 

22 (3) informs passengers of the procedure for re23 porting a transportation sexual assault or harassment 

24 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 transportation net4 work company or for-hire vehicle company has acted with 

5 any requisite standard of care. 

6 SEC. 9. DATA COLLECTION. 

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

8 of enactment of this Act, the Secretary of Transportation 

9 shall establish a program to annually collect and maintain 

10 data from each covered entity, or, as appropriate, a State 

11 or local entity that provides authorized transportation serv12 ice, on— 

13 (1) the number of transportation sexual assault 

14 or harassment incidents reported to the covered entity 

15 or State or local entity that provides authorized 

16 transportation service, including— 

17 (A) the number of incidents committed 

18 against passengers; and 

19 (B) the number of incidents committed 

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

21 for-hire vehicle company, a TNC driver or a 

22 FVC driver, respectively; 

23 (2) the number of transportation sexual assault 

24 or harassment incidents reported to law enforcement 

25 by personnel of the covered entity or State or local enVerDate Sep 11 2014 03:32 Jul 30, 2020 Jkt 099200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6203 E:\BILLS\H5139.RH H5139

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1 tity that provides authorized transportation services; 

2 and 

3 (3) any transportation sexual assault or harass4 ment incidents compiled and maintained under sec5 tion 3507(g)(4)(A)(i) of title 46, United States Code. 

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

7 Secretary shall make available to the public on the primary 

8 internet website of the Department of Transportation the 

9 data collected and maintained under subsection (a). 

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

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

12 (1) protects the privacy and confidentiality of 

13 individuals involved in a transportation sexual as14 sault or harassment incident; 

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

16 individual covered entity or a State or local entity 

17 that provides authorized transportation service; and 

18 (3) is organized by mode of transportation. 

19 (d) PAPERWORK REDUCTION.—Subchapter I of chap20 ter 35 of title 44, United States Code, does not apply to 

21 this Act. 

22 SEC. 10. CRIMINAL REPORTING PROCESS. 

23 The Attorney General, in coordination with the Sec24 retary of Transportation, shall expand the process required 

25 to be established under section 339B of the FAA ReauthorVerDate Sep 11 2014 03:32 Jul 30, 2020 Jkt 099200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6203 E:\BILLS\H5139.RH H5139

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1 ization Act of 2018 (Public Law 115–254) to provide for 

2 a streamlined process for any individuals involved in al3 leged transportation sexual assault or harassment incidents 

4 that constitute a violation of law to report those allegations 

5 to law enforcement in a manner that protects the privacy 

6 and confidentiality of individuals involved in such allega7 tions and through the same primary internet websites as 

8 provided under subsection (b) of such section, as determined 

9 appropriate by the Attorney General. 

10 SEC. 11. INSPECTOR GENERAL REPORT TO CONGRESS. 

11 Not later than 18 months after the date of enactment 

12 of this Act, and every 2 years thereafter, the inspector gen13 eral of the Department of Transportation shall assess com14 pliance with the provisions of this Act and the amendments 

15 made by this Act, including the accuracy of the reporting 

16 of transportation sexual assault or harassment incidents by 

17 covered entities. 

18 SEC. 12. DEFINITION OF SEXUAL HARASSMENT. 

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

20 date of enactment of this Act, the Secretary of Transpor21 tation shall develop, and publish in the Federal Register, 

22 a definition of sexual harassment for purposes of the imple23 mentation of this Act and the amendments made by this 

24 Act. 


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1 (b) CONSULTATION.—In developing the definition 

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

3 consider input from— 

4 (1) labor unions representing transportation 

5 workers employed by covered entities; and 

6 (2) national organizations that specialize in pro7 viding services to sexual assault victims. 

8 SEC. 13. DEFINITIONS. 

9 In this Act: 

10 (1) COVERED ENTITY.—The term ‘‘covered enti11 ty’’ means an entity that is one of the following: 

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

13 in section 40102 of title 49, United States Code) 

14 that transports passengers for compensation. 

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

16 defined in section 40102 of title 49, United 

17 States Code) that transports passengers for com18 pensation. 

19 (C) A recipient of Federal funds under 

20 chapter 53 of title 49, United States Code. 

21 (D) A motor carrier of passengers that— 

22 (i) conducts regularly scheduled inter23 city service; and 


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

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

3 of Federal Regulations). 

4 (E) An entity providing commuter rail pas5 senger transportation or intercity rail passenger 

6 transportation (as those terms are defined in sec7 tion 24102 of title 49, United States Code). 

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

9 3507 of title 46, United States Code, applies. 

10 (G) A transportation network company. 

11 (H) A for-hire vehicle company. 

12 (2) FOR-HIRE VEHICLE COMPANY.—The term 

13 ‘‘for-hire vehicle company’’ means an entity that— 

14 (A) provides passenger transportation in a 

15 motor vehicle in exchange for compensation; and 

16 (B) is authorized by a State or local govern17 ment entity as a taxicab service, limousine serv18 ice, livery service, black car service, sedan serv19 ice, chauffeur service, or any other similar cat20 egory of for-hire transportation service. 

21 (3) FVC DRIVER.—The term ‘‘FVC driver’’ 

22 means an individual who is employed, contracted by, 

23 or otherwise affiliated with a for-hire vehicle company 

24 to provide transportation services to the public. 


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1 (4) FVC PERSONNEL.—The term ‘‘FVC per2 sonnel’’ means an employee or contractor of a covered 

3 for-vehicle company, other than a FVC driver. 

4 (5) SEXUAL ASSAULT.—The term ‘‘sexual as5 sault’’ means the occurrence of an act that constitutes 

6 any nonconsensual sexual act proscribed by Federal, 

7 tribal, or State law, including when the victim lacks 

8 capacity to consent. 

9 (6) TNC DRIVER.—The term ‘‘TNC driver’’ 

10 means an individual who is employed, contracted by, 

11 or otherwise affiliated with a transportation network 

12 company to provide transportation services (also 

13 known as ride-sharing) to the public. 

14 (7) TNC PERSONNEL.—The term ‘‘TNC per15 sonnel’’ means an employee or contractor of a covered 

16 transportation network company, other than a TNC 

17 driver. 

18 (8) TRANSPORTATION NETWORK COMPANY.—The 

19 term ‘‘transportation network company’’— 

20 (A) means a corporation, partnership, sole 

21 proprietorship, or other entity, that uses a dig22 ital network to connect riders to drivers affili23 ated with the entity in order for the driver to 

24 transport the rider using a vehicle owned, leased, 


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1 or otherwise authorized for use by the driver to 

2 a point chosen by the rider; and 

3 (B) does not include a shared-expense car4 pool or vanpool arrangement that is not in5 tended to generate profit for the driver. 

6 (9) TRANSPORTATION SEXUAL ASSAULT OR HAR7 ASSMENT INCIDENT.—The term ‘‘transportation sex8 ual assault or harassment incident’’ means the occur9 rence, or reasonably suspected occurrence, of an act 

10 that— 

11 (A) constitutes sexual assault or sexual har12 assment; and 

13 (B) is committed— 

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

15 personnel of a covered entity, or in the case 

16 of a TNC, a TNC driver of the covered enti17 ty, against another passenger or member of 

18 personnel or TNC driver of the covered enti19 ty, or in the case of a for-hire vehicle com20 pany, an FVC driver of the covered entity, 

21 against another passenger or member of 

22 personnel or an FVC driver of the covered 

23 entity; and 

24 (ii) within— 


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1 (I) a vehicle of the covered entity 

2 that is transporting passengers, includ3 ing aircraft, rolling stock, 

4 motorcoaches, and ferries; or 

5 (II) an area in which passengers 

6 are entering or exiting such a vehicle. 


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Union Calendar No. 371 

116TH CONGRESS 

2D SESSION H. R. 5139 

[Report No. 116–463, Part I] 

A BILL 

To protect transportation personnel and passengers 

other purposes. from sexual assault and harassment, and for 

JULY 29, 2020 

Reported from the Committee on Transportation and 

Infrastructure with an amendment 

JULY 29, 2020 

Committee on the Judiciary discharged; committed to the 

Union and ordered to be printed Committee of the Whole House on the State of the 


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