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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5139 Reported in House (RH)]

<DOC>

                                                 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]

_______________________________________________________________________

                                 A BILL

 
To protect transportation personnel and passengers from sexual assault 
                and harassment, and for other purposes.

 

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Sexual Assault and Harassment 
in Transportation Act''.

SEC. 2. FORMAL SEXUAL ASSAULT AND HARASSMENT POLICIES ON AIR CARRIERS 
              AND FOREIGN AIR CARRIERS.

    (a) In General.--Chapter 417 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 41727. Formal sexual assault and harassment policies
    ``(a) Requirement.--Not later than 180 days after the date of 
enactment of this section, each air carrier and foreign air carrier 
transporting passengers for compensation shall issue, in consultation 
with labor unions representing personnel of the air carrier or foreign 
air carrier, a formal policy with respect to transportation sexual 
assault or harassment incidents.
    ``(b) Contents.--The policy required under subsection (a) shall 
include--
            ``(1) a statement indicating that no transportation sexual 
        assault or harassment incident is acceptable under any 
        circumstance;
            ``(2) procedures that facilitate the reporting of a 
        transportation sexual assault or harassment incident, 
        including--
                    ``(A) appropriate public outreach activities; and
                    ``(B) confidential phone and internet-based 
                opportunities for reporting;
            ``(3) procedures that personnel should follow upon the 
        reporting of a transportation sexual assault or harassment 
        incident, including actions to protect affected individuals 
        from continued sexual assault or harassment and to notify law 
        enforcement when appropriate;
            ``(4) procedures that may limit or prohibit, to the extent 
        practicable, future travel with the air carrier or foreign air 
        carrier by any passenger who causes a transportation sexual 
        assault or harassment incident; and
            ``(5) training that is required for all appropriate 
        personnel with respect to the policy required under subsection 
        (a), including--
                    ``(A) specific training for personnel who may 
                receive reports of transportation sexual assault or 
                harassment incidents; and
                    ``(B) recognizing and responding to potential human 
                trafficking victims, in the same manner as required 
                under section 44734(a)(4).
    ``(c) Passenger Information.--An air carrier or foreign air carrier 
described in subsection (a) shall prominently display, on the internet 
website of the air carrier or foreign air carrier and through the use 
of appropriate signage, a written statement that--
            ``(1) advises passengers and personnel that the carrier has 
        adopted a formal policy with respect to transportation sexual 
        assault or harassment incidents;
            ``(2) informs passengers and personnel of the other major 
        components of the carrier's formal policy, including a 
        statement indicating that no transportation sexual assault or 
        harassment incident is acceptable under any circumstance; and
            ``(3) informs passengers and personnel of the procedure for 
        reporting a transportation sexual assault or harassment 
        incident.
    ``(d) Standard of Care.--Compliance with the requirements of this 
section, and any policy issued thereunder, shall not determine whether 
the air carrier or foreign air carrier described in subsection (a) has 
acted with any requisite standard of care.
    ``(e) Definitions.--In this section:
            ``(1) Personnel.--The term `personnel' means an employee or 
        contractor of an air carrier or foreign air carrier.
            ``(2) Sexual assault.--The term `sexual assault' means the 
        occurrence of an act that constitutes any nonconsensual sexual 
        act proscribed by Federal, tribal, or State law, including when 
        the victim lacks capacity to consent.
            ``(3) Transportation sexual assault or harassment 
        incident.--The term `transportation sexual assault or 
        harassment incident' means the occurrence, or reasonably 
        suspected occurrence, of an act that--
                    ``(A) constitutes sexual assault or sexual 
                harassment; and
                    ``(B) is committed--
                            ``(i) by a passenger or member of personnel 
                        of an air carrier or foreign air carrier 
                        against another passenger or member of 
                        personnel of an air carrier or foreign air 
                        carrier; and
                            ``(ii) within an aircraft or in an area in 
                        which passengers are entering or exiting an 
                        aircraft.''.
    (b) Clerical Amendment.--The analysis for chapter 417 of title 49, 
United States Code, is amended by adding at the end the following:

``41727. Formal sexual assault and harassment policies.''.

SEC. 3. FORMAL SEXUAL ASSAULT AND HARASSMENT POLICIES FOR CERTAIN MOTOR 
              CARRIERS.

    (a) Requirement.--Not later than 180 days after the date of 
enactment of this Act, each covered motor carrier shall issue, in 
consultation with labor unions representing personnel of the covered 
motor carrier, a formal policy with respect to transportation sexual 
assault or harassment incidents.
    (b) Contents.--The policy required under subsection (a) shall 
include--
            (1) a statement indicating that no transportation sexual 
        assault or harassment incident is acceptable under any 
        circumstance;
            (2) procedures that facilitate the reporting of a 
        transportation sexual assault or harassment incident, 
        including--
                    (A) appropriate public outreach activities; and
                    (B) confidential phone and internet-based 
                opportunities for reporting;
            (3) procedures that personnel should follow upon the 
        reporting of a transportation sexual assault or harassment 
        incident, including actions to protect affected individuals 
        from continued sexual assault or harassment and to notify law 
        enforcement when appropriate;
            (4) procedures that may limit, to the extent practicable, 
        future travel with the covered motor carrier by any passenger 
        who causes a transportation sexual assault or harassment 
        incident; and
            (5) training that is required for all appropriate personnel 
        with respect to the policy required under subsection (a), 
        including--
                    (A) specific training for personnel who may receive 
                reports of transportation sexual assault or harassment 
                incidents; and
                    (B) recognizing and responding to potential human 
                trafficking victims.
    (c) Passenger Information.--A covered motor carrier shall 
prominently display, on the internet website of the covered motor 
carrier and through the use of appropriate signage, a written statement 
that--
            (1) advises passengers that the covered motor carrier has 
        adopted a formal policy with respect to transportation sexual 
        assault or harassment incidents;
            (2) informs passengers and personnel of the other major 
        components of the covered motor carrier's formal policy, 
        including a statement indicating that no transportation sexual 
        assault or harassment incident is acceptable under any 
        circumstance; and
            (3) informs passengers of the procedure for reporting a 
        transportation sexual assault or harassment incident.
    (d) Standard of Care.--Compliance with the requirements of this 
section, and any policy issued thereunder, shall not determine whether 
the covered motor carrier has acted with any requisite standard of 
care.
    (e) Definitions.--In this section:
            (1) Personnel.--The term ``personnel'' means an employee or 
        contractor of a covered motor carrier.
            (2) Covered motor carrier.--The term ``covered motor 
        carrier'' means a motor carrier of passengers that--
                    (A) conducts regularly scheduled intercity service; 
                and
                    (B) is a Class I carrier (as that term is used in 
                section 369.3(a) of title 49, Code of Federal 
                Regulations).
            (3) Sexual assault.--The term ``sexual assault'' means the 
        occurrence of an act that constitutes any nonconsensual sexual 
        act proscribed by Federal, tribal, or State law, including when 
        the victim lacks capacity to consent.
            (4) Transportation sexual assault or harassment incident.--
        The term ``transportation sexual assault or harassment 
        incident'' means the occurrence, or reasonably suspected 
        occurrence, of an act that--
                    (A) constitutes sexual assault or sexual 
                harassment; and
                    (B) is committed--
                            (i) by a passenger or member of personnel 
                        of covered motor carrier against another 
                        passenger or member of personnel of the covered 
                        motor carrier; and
                            (ii) within a vehicle of the motor carrier 
                        or in an area in which passengers are entering 
                        or exiting such a vehicle.

SEC. 4. FORMAL SEXUAL ASSAULT AND HARASSMENT POLICIES ON PASSENGER 
              COMMUTER AND INTERCITY RAIL.

    (a) In General.--Chapter 241 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 24104. Formal sexual assault and harassment policies
    ``(a) Requirement.--Not later than 180 days after the date of 
enactment of this section, each covered rail entity shall issue, in 
consultation with labor unions representing personnel with respect to 
the covered rail entity, a formal policy with respect to transportation 
sexual assault or harassment incidents.
    ``(b) Contents.--The policy required under subsection (a) shall 
include--
            ``(1) a statement indicating that no transportation sexual 
        assault or harassment incident is acceptable under any 
        circumstance;
            ``(2) procedures that facilitate the reporting of a 
        transportation sexual assault or harassment incident, 
        including--
                    ``(A) appropriate public outreach activities; and
                    ``(B) confidential phone and internet-based 
                opportunities for reporting;
            ``(3) procedures that personnel should follow upon the 
        reporting of a transportation sexual assault or harassment 
        incident, including actions to protect affected individuals 
        from continued sexual assault or harassment and to notify law 
        enforcement when appropriate;
            ``(4) procedures that may limit or prohibit, to the extent 
        practicable, future travel with the covered rail entity by any 
        passenger who causes a transportation sexual assault or 
        harassment incident; and
            ``(5) training that is required for all appropriate 
        personnel with respect to the policy required under subsection 
        (a), including--
                    ``(A) specific training for personnel who may 
                receive reports of transportation sexual assault or 
                harassment incidents; and
                    ``(B) recognizing and responding to potential human 
                trafficking victims.
    ``(c) Passenger Information.--A covered rail entity shall 
prominently display, on the internet website of the entity and through 
the use of appropriate signage, a written statement that--
            ``(1) advises passengers and personnel that the covered 
        rail entity has adopted a formal policy with respect to 
        transportation sexual assault or harassment incidents;
            ``(2) informs passengers and personnel of the other major 
        components of the covered rail entity's formal policy, 
        including a statement indicating that no transportation sexual 
        assault or harassment incident is acceptable under any 
        circumstance; and
            ``(3) informs passengers and personnel of the procedure for 
        reporting a transportation sexual assault or harassment 
        incident.
    ``(d) Standard of Care.--Compliance with the requirements of this 
section, and any policy issued thereunder, shall not determine whether 
the covered rail entity has acted with any requisite standard of care.
    ``(e) Definitions.--In this section:
            ``(1) Covered rail entity.--The term `covered rail entity' 
        means an entity providing commuter rail passenger 
        transportation or intercity rail passenger transportation.
            ``(2) Personnel.--The term `personnel' means an employee or 
        contractor of a covered rail entity.
            ``(3) Sexual assault.--The term `sexual assault' means the 
        occurrence of an act that constitutes any nonconsensual sexual 
        act proscribed by Federal, tribal, or State law, including when 
        the victim lacks capacity to consent.
            ``(4) Transportation sexual assault or harassment 
        incident.--The term `transportation sexual assault or 
        harassment incident' means the occurrence, or reasonably 
        suspected occurrence, of an act that--
                    ``(A) constitutes sexual assault or sexual 
                harassment; and
                    ``(B) is committed--
                            ``(i) by a passenger or member of personnel 
                        of covered rail entity against another 
                        passenger or member of personnel of the covered 
                        rail entity; and
                            ``(ii) within a vehicle of the covered rail 
                        entity or in an area in which passengers are 
                        entering or exiting such a vehicle.''.
    (b) Clerical Amendment.--The analysis for chapter 241 of title 49, 
United States Code, is amended by adding at the end the following:

``24104. Formal sexual assault and harassment policies.''.

SEC. 5. FORMAL SEXUAL ASSAULT AND HARASSMENT POLICIES ON TRANSIT.

    (a) In General.--Chapter 53 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 5341. Formal sexual assault and harassment policies
    ``(a) Requirement.--Not later than 180 days after the date of 
enactment of this section, each recipient of Federal funds under this 
chapter operating vehicles shall issue, in consultation with labor 
unions representing personnel with respect to the recipient, a formal 
policy with respect to transportation sexual assault or harassment 
incidents.
    ``(b) Contents.--The policy required under subsection (a) shall 
include--
            ``(1) a statement indicating that no transportation sexual 
        assault or harassment incident is acceptable under any 
        circumstance;
            ``(2) procedures that facilitate the reporting of a 
        transportation sexual assault or harassment incident, 
        including--
                    ``(A) appropriate public outreach activities; and
                    ``(B) confidential phone and internet-based 
                opportunities for reporting;
            ``(3) procedures that personnel should follow upon the 
        reporting of a transportation sexual assault or harassment 
        incident, including actions to protect affected individuals 
        from continued sexual assault or harassment and to notify law 
        enforcement when appropriate;
            ``(4) procedures that may limit, to the extent practicable, 
        future travel with the recipient entity by any passenger who 
        causes a transportation sexual assault or harassment incident; 
        and
            ``(5) training that is required for all appropriate 
        personnel with respect to the policy required under subsection 
        (a), including--
                    ``(A) specific training for personnel who may 
                receive reports of transportation sexual assault or 
                harassment incidents; and
                    ``(B) recognizing and responding to potential human 
                trafficking victims.
    ``(c) Passenger Information.--A recipient entity shall prominently 
display, on the internet website of the entity and through the use of 
appropriate signage, a written statement that--
            ``(1) advises passengers and personnel that the recipient 
        entity has adopted a formal policy with respect to 
        transportation sexual assault or harassment incidents;
            ``(2) informs passengers and personnel of the other major 
        components of the recipient entity's formal policy, including a 
        statement indicating that no transportation sexual assault or 
        harassment incident is acceptable under any circumstance; and
            ``(3) informs passengers and personnel of the procedure for 
        reporting a transportation sexual assault or harassment 
        incident.
    ``(d) Standard of Care.--Compliance with the requirements of this 
section, and any policy issued thereunder, shall not determine whether 
the recipient entity has acted with any requisite standard of care.
    ``(e) Definitions.--In this section:
            ``(1) Personnel.--The term `personnel' means an employee or 
        contractor of a recipient of Federal funds under this chapter.
            ``(2) Sexual assault.--The term `sexual assault' means the 
        occurrence of an act that constitutes any nonconsensual sexual 
        act proscribed by Federal, tribal, or State law, including when 
        the victim lacks capacity to consent.
            ``(3) Transportation sexual assault or harassment 
        incident.--The term `transportation sexual assault or 
        harassment incident' means the occurrence, or reasonably 
        suspected occurrence, of an act that--
                    ``(A) constitutes sexual assault or sexual 
                harassment; and
                    ``(B) is committed--
                            ``(i) by a passenger or member of personnel 
                        of recipient entity against another passenger 
                        or member of personnel of the recipient entity; 
                        and
                            ``(ii) within a vehicle of the recipient 
                        entity or in an area in which passengers are 
                        entering or exiting such a vehicle.''.
    (b) Clerical Amendment.--The analysis for chapter 53 of title 49, 
United States Code, is amended by adding at the end the following:

``5341. Formal sexual assault and harassment policies.''.

SEC. 6. FORMAL SEXUAL ASSAULT AND HARASSMENT POLICIES FOR PASSENGER 
              VESSELS.

    (a) In General.--Section 3507(d) of title 46, United States Code, 
is amended--
            (1) in paragraph (4), by striking ``and'' after the 
        semicolon at the end;
            (2) in paragraph (5), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(6)(A) issue a formal policy with respect to sexual 
        assault or harassment incidents that includes--
                    ``(i) a statement indicating that no sexual assault 
                or harassment incident is acceptable under any 
                circumstance;
                    ``(ii) procedures that facilitate the reporting of 
                a sexual assault or harassment incident, including--
                            ``(I) appropriate public outreach 
                        activities; and
                            ``(II) confidential phone and internet-
                        based opportunities for reporting;
                    ``(iii) procedures that personnel should follow 
                upon the reporting of a sexual assault or harassment 
                incident, including actions to protect affected 
                individuals from continued sexual assault or harassment 
                and how to provide the information and access required 
                under paragraph (5);
                    ``(iv) procedures that may limit or prohibit, to 
                the extent practicable, future travel on the vessel by 
                any passenger who causes a transportation sexual 
                assault or harassment incident; and
                    ``(v) training that is required for all appropriate 
                personnel with respect to the policy required under 
                this paragraph, including--
                            ``(I) specific training for personnel who 
                        may receive reports of sexual assault or 
                        harassment incidents; and
                            ``(II) recognizing and responding to 
                        potential human trafficking victims; and
            ``(B) prominently display on the internet website of the 
        vessel owner and, through the use of appropriate signage on 
        each vessel, a written statement that--
                    ``(i) advises passengers and crew members that the 
                vessel owner has adopted a formal policy with respect 
                to sexual assault or harassment incidents;
                    ``(ii) informs passengers and personnel of the 
                other major components of the vessel owner's formal 
                policy, including a statement indicating that no 
                transportation sexual assault or harassment incident is 
                acceptable under any circumstance; and
                    ``(iii) informs passengers and crew members of the 
                procedure for reporting a sexual assault or harassment 
                incident; and
            ``(7) have a formal policy in effect with respect to sexual 
        assault or harassment incidents.''.
    (b) Reporting Requirement.--Section 3507(g)(3)(A)(i) of title 46, 
United States Code, is amended by inserting ``any sexual assault or 
harassment incident (as that term is defined in subsection (l) of this 
section) that constitutes a violation of law,'' after ``title 18 
applies,''.
    (c) Standard of Care.--Compliance with the requirements of the 
amendments made by this section, and any policy issued thereunder, 
shall not determine whether the applicable owner of a vessel covered by 
such amendments has acted with any requisite standard of care.
    (d) Definitions.--Section 3507(l) of title 46, United States Code, 
is amended to read as follows:
    ``(l) Definitions.--
            ``(1) Owner.--In this section and section 3508, the term 
        `owner' means the owner, charterer, managing operator, master, 
        or other individual in charge of a vessel.
            ``(2) Sexual assault.--The term `sexual assault' means the 
        occurrence of an act that constitutes any nonconsensual sexual 
        act proscribed by Federal, tribal, or State law, including when 
        the victim lacks capacity to consent.
            ``(3) Sexual assault or harassment incident.--The term 
        `sexual assault or harassment incident' means the occurrence, 
        or reasonably suspected occurrence, of an act that--
                    ``(A) constitutes sexual assault or sexual 
                harassment; and
                    ``(B) is committed--
                            ``(i) by a passenger of a vessel to which 
                        this section applies or a member of the crew of 
                        such a vessel against another passenger of such 
                        vessel or a member of the crew of such a 
                        vessel; and
                            ``(ii) within--
                                    ``(I) such a vessel; or
                                    ``(II) an area in which passengers 
                                are entering or exiting such a 
                                vessel.''.
    (e) Maintenance and Placement of Video Surveillance Equipment.--
Section 3507(b)(1) of title 46, United States Code, is amended--
            (1) by striking ``The owner'' and inserting the following:
                    ``(A) In general.--The owner'';
            (2) by striking ``, as determined by the Secretary''; and
            (3) by adding at the end, the following:
                    ``(B) Placement of video surveillance equipment.--
                With regard to the placement of video surveillance 
                equipment on a vessel under subparagraph (A), the owner 
                shall--
                            ``(i) place video surveillance equipment in 
                        each passenger common area where a person has 
                        no reasonable expectation of privacy;
                            ``(ii) place video surveillance equipment 
                        in other areas where a person has no reasonable 
                        expectation of privacy; and
                            ``(iii) place video surveillance equipment 
                        in each area identified under clause (i) or 
                        (ii) in a manner that provides optimum 
                        surveillance of that area.''.
    (f) Notice of Video Surveillance.--Section 3507(b), of title 46, 
United States Code, is further amended by inserting after paragraph (1) 
the following:
            ``(2) Notice of video surveillance.--The owner of a vessel 
        to which this section applies shall provide clear and 
        conspicuous signs on board the vessel notifying the public of 
        the presence of video surveillance equipment.''.
    (g) Access to Video Records.--Section 3507(b), of title 46, United 
States Code, is further amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) in paragraph (3), as so redesignated--
                    (A) by striking ``The owner'' and inserting the 
                following:
                    ``(A) Law enforcement.--The owner''; and
                    (B) by adding at the end the following:
                    ``(B) Civil actions.--The owner of a vessel to 
                which this section applies shall provide to any 
                individual or the individual's legal representative, 
                upon written request, a copy of all records of video 
                surveillance--
                            ``(i) in which the individual is a subject 
                        of the video surveillance; and
                            ``(ii) that may provide evidence in a civil 
                        action.
                    ``(C) Limited access.--The owner of a vessel to 
                which this section applies shall ensure that access to 
                records of video surveillance is limited to the 
                purposes described in this paragraph.''.
    (h) Retention Requirements.--Section 3507(b), of title 46, United 
States Code, is further amended by adding at the end the following:
            ``(4) Retention requirements.--
                    ``(A) In general.--The owner of a vessel to which 
                this section applies shall retain all records of video 
                surveillance for a voyage for not less than 90 days 
                after the completion of the voyage. If an incident 
                described in subsection (g)(3)(A)(i) is alleged and 
                reported to law enforcement, all records of video 
                surveillance from the voyage that the Federal Bureau of 
                Investigation determines are relevant shall--
                            ``(i) be provided to the Federal Bureau of 
                        Investigation; and
                            ``(ii) be preserved by the vessel owner for 
                        not less than 5 years from the date of the 
                        alleged incident.
                    ``(B) Interim standards.--Not later than 180 days 
                after the date of enactment of the Stop Sexual Assault 
                and Harassment in Transportation Act, the Commandant, 
                in consultation with the Federal Bureau of 
                Investigation, shall promulgate interim standards for 
                the retention of records of video surveillance.
                    ``(C) Final standards.--Not later than 1 year after 
                the date of enactment of the Stop Sexual Assault and 
                Harassment in Transportation Act, the Commandant, in 
                consultation with the Federal Bureau of Investigation, 
                shall promulgate final standards for the retention of 
                records of video surveillance.
                    ``(D) Considerations.--In promulgating standards 
                under subparagraphs (B) and (C), the Commandant shall--
                            ``(i) consider factors that would aid in 
                        the investigation of serious crimes, including 
                        crimes that go unreported until after the 
                        completion of a voyage;
                            ``(ii) consider the different types of 
                        video surveillance systems and storage 
                        requirements in creating standards both for 
                        vessels currently in operation and for vessels 
                        newly built;
                            ``(iii) consider privacy, including 
                        standards for permissible access to and 
                        monitoring and use of the records of video 
                        surveillance; and
                            ``(iv) consider technological advancements, 
                        including requirements to update technology.''.
    (i) Implementation.--Not later than 180 days after the date of 
enactment of this Act, the owner of a vessel to which section 3507 of 
title 46, United States Code, applies shall issue the formal policy 
with respect to sexual assault or harassment incidents required by the 
amendments made by this section.

SEC. 7. CIVIL PENALTIES FOR INTERFERENCE WITH CERTAIN TRANSPORTATION 
              PERSONNEL.

    (a) In General.--Chapter 805 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 80505. Interference with certain transportation personnel
    ``(a) General Rule.--An individual who physically or sexually 
assaults or threatens to physically or sexually assault an employee 
engaged in the transportation of passengers on behalf of a covered 
entity, or takes any action that poses an imminent threat to the safety 
of a vehicle of a covered entity that is transporting passengers, 
including rolling stock, motorcoaches, and ferries, is liable to the 
United States Government for a civil penalty of--
            ``(1) for calendar years 2019 through 2024, not more than 
        $35,000;
            ``(2) for calendar years 2025 through 2029, not more than 
        $40,000; and
            ``(3) for calendar year 2030 and thereafter, not more than 
        $45,000.
    ``(b) Compromise and Setoff.--
            ``(1) Compromise.--The Secretary of Transportation may 
        compromise the amount of a civil penalty imposed under this 
        section.
            ``(2) Setoff.--The United States Government may deduct the 
        amount of a civil penalty imposed or compromised under this 
        section from amounts the Government owes the person liable for 
        the penalty.
    ``(c) Covered Entity Defined.--In this section, the term `covered 
entity' means an entity that is 1 of the following:
            ``(1) A recipient of Federal funds under chapter 53 of this 
        title.
            ``(2) A motor carrier of passengers that--
                    ``(A) conducts regularly scheduled intercity 
                service; and
                    ``(B) is a Class I carrier (as that term is used in 
                section 369.3(a) of title 49, Code of Federal 
                Regulations).
            ``(3) An entity providing commuter rail passenger 
        transportation or intercity rail passenger transportation (as 
        those terms are defined in section 24102 of this title).
            ``(4) The owner of a vessel for which section 3507 of title 
        46 applies.
            ``(5) A transportation network company.''.
    (b) Clerical Amendment.--The analysis for chapter 805 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 80504 the following:

``80505. Interference with certain transportation personnel.''.
    (c) Graduated Fines for Interference With Cabin or Flight Crew.--
Section 46318(a) of title 49, United States Code, is amended by 
striking ``penalty of not more than $35,000.'' and inserting the 
following: ``penalty of--
            ``(1) for calendar years 2019 through 2024, not more than 
        $35,000;
            ``(2) for calendar years 2025 through 2029, not more than 
        $40,000; and
            ``(3) for calendar year 2030 and thereafter, not more than 
        $45,000.''.

SEC. 8. FORMAL SEXUAL ASSAULT AND HARASSMENT POLICIES FOR 
              TRANSPORTATION NETWORK COMPANIES AND FOR-HIRE VEHICLE 
              COMPANIES.

    (a) Requirement.--Not later than 180 days after the date of 
enactment of this Act, each transportation network company and for-hire 
vehicle company shall issue, in consultation with labor unions 
representing TNC drivers of each such transportation network company or 
FVC drivers of each for-hire vehicle company, if applicable, a formal 
policy with respect to transportation sexual assault or harassment 
incidents.
    (b) Contents.--The policy required under subsection (a) shall 
include--
            (1) a statement indicating that no transportation sexual 
        assault or harassment incident is acceptable under any 
        circumstance;
            (2) procedures that facilitate the reporting of a 
        transportation sexual assault or harassment incident, 
        including--
                    (A) appropriate public outreach activities;
                    (B) confidential phone and internet-based 
                opportunities for reporting; and
                    (C) TNC personnel or FVC personnel trained to 
                receive reports;
            (3) procedures that TNC personnel or FVC personnel should 
        follow upon the reporting of a transportation sexual assault or 
        harassment incident, including actions to protect affected 
        individuals from continued sexual assault or harassment and to 
        notify law enforcement when appropriate;
            (4) procedures that may limit or prohibit, to the extent 
        practicable, future use of the transportation network company 
        platform by any passenger or TNC driver, or future use of the 
        for-hire vehicle company service by any passenger or FVC 
        driver, who causes a transportation sexual assault or 
        harassment incident; and
            (5) training that is required for all appropriate personnel 
        with respect to the policy required under subsection (a), 
        including--
                    (A) specific training for such personnel who may 
                receive reports of transportation sexual assault or 
                harassment incidents; and
                    (B) recognizing and responding to potential human 
                trafficking victims.
    (c) Passenger Information.--A transportation network company or 
for-hire vehicle company shall prominently display, on the internet 
website of the company and through the use of appropriate signage, a 
written statement that--
            (1) advises passengers that the transportation network 
        company or for-hire vehicle company has adopted a formal policy 
        with respect to transportation sexual assault or harassment 
        incidents;
            (2) informs passengers, TNC drivers, TNC personnel, FVC 
        drivers, and FVC personnel of the other major components of the 
        transportation network company's formal policy or the for-hire 
        vehicle company's formal policy, including a statement 
        indicating that no transportation sexual assault or harassment 
        incident is acceptable under any circumstance; and
            (3) informs passengers of the procedure for reporting a 
        transportation sexual assault or harassment incident.
    (d) Standard of Care.--Compliance with the requirements of this 
section, and any policy issued thereunder, shall not determine whether 
the transportation network company or for-hire vehicle company has 
acted with any requisite standard of care.

SEC. 9. DATA COLLECTION.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation shall establish a program 
to annually collect and maintain data from each covered entity, or, as 
appropriate, a State or local entity that provides authorized 
transportation service, on--
            (1) the number of transportation sexual assault or 
        harassment incidents reported to the covered entity or State or 
        local entity that provides authorized transportation service, 
        including--
                    (A) the number of incidents committed against 
                passengers; and
                    (B) the number of incidents committed against 
                personnel or, in the case of a TNC or for-hire vehicle 
                company, a TNC driver or a FVC driver, respectively;
            (2) the number of transportation sexual assault or 
        harassment incidents reported to law enforcement by personnel 
        of the covered entity or State or local entity that provides 
        authorized transportation services; and
            (3) any transportation sexual assault or harassment 
        incidents compiled and maintained under section 
        3507(g)(4)(A)(i) of title 46, United States Code.
    (b) Data Availability.--Subject to subsection (c), the Secretary 
shall make available to the public on the primary internet website of 
the Department of Transportation the data collected and maintained 
under subsection (a).
    (c) Data Protection.--Data made available under subsection (b) 
shall be made available in a manner that--
            (1) protects the privacy and confidentiality of individuals 
        involved in a transportation sexual assault or harassment 
        incident;
            (2) precludes the connection of the data to any individual 
        covered entity or a State or local entity that provides 
        authorized transportation service; and
            (3) is organized by mode of transportation.
    (d) Paperwork Reduction.--Subchapter I of chapter 35 of title 44, 
United States Code, does not apply to this Act.

SEC. 10. CRIMINAL REPORTING PROCESS.

    The Attorney General, in coordination with the Secretary of 
Transportation, shall expand the process required to be established 
under section 339B of the FAA Reauthorization Act of 2018 (Public Law 
115-254) to provide for a streamlined process for any individuals 
involved in alleged transportation sexual assault or harassment 
incidents that constitute a violation of law to report those 
allegations to law enforcement in a manner that protects the privacy 
and confidentiality of individuals involved in such allegations and 
through the same primary internet websites as provided under subsection 
(b) of such section, as determined appropriate by the Attorney General.

SEC. 11. INSPECTOR GENERAL REPORT TO CONGRESS.

    Not later than 18 months after the date of enactment of this Act, 
and every 2 years thereafter, the inspector general of the Department 
of Transportation shall assess compliance with the provisions of this 
Act and the amendments made by this Act, including the accuracy of the 
reporting of transportation sexual assault or harassment incidents by 
covered entities.

SEC. 12. DEFINITION OF SEXUAL HARASSMENT.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Transportation shall develop, 
and publish in the Federal Register, a definition of sexual harassment 
for purposes of the implementation of this Act and the amendments made 
by this Act.
    (b) Consultation.--In developing the definition under subsection 
(a), the Secretary shall consult with, and consider input from--
            (1) labor unions representing transportation workers 
        employed by covered entities; and
            (2) national organizations that specialize in providing 
        services to sexual assault victims.

SEC. 13. DEFINITIONS.

    In this Act:
            (1) Covered entity.--The term ``covered entity'' means an 
        entity that is one of the following:
                    (A) An air carrier (as that term is defined in 
                section 40102 of title 49, United States Code) that 
                transports passengers for compensation.
                    (B) A foreign air carrier (as that term is defined 
                in section 40102 of title 49, United States Code) that 
                transports passengers for compensation.
                    (C) A recipient of Federal funds under chapter 53 
                of title 49, United States Code.
                    (D) A motor carrier of passengers that--
                            (i) conducts regularly scheduled intercity 
                        service; and
                            (ii) is a Class I carrier (as that term is 
                        used in section 369.3(a) of title 49, Code of 
                        Federal Regulations).
                    (E) An entity providing commuter rail passenger 
                transportation or intercity rail passenger 
                transportation (as those terms are defined in section 
                24102 of title 49, United States Code).
                    (F) The owner of a vessel for which section 3507 of 
                title 46, United States Code, applies.
                    (G) A transportation network company.
                    (H) A for-hire vehicle company.
            (2) For-hire vehicle company.--The term ``for-hire vehicle 
        company'' means an entity that--
                    (A) provides passenger transportation in a motor 
                vehicle in exchange for compensation; and
                    (B) is authorized by a State or local government 
                entity as a taxicab service, limousine service, livery 
                service, black car service, sedan service, chauffeur 
                service, or any other similar category of for-hire 
                transportation service.
            (3) FVC driver.--The term ``FVC driver'' means an 
        individual who is employed, contracted by, or otherwise 
        affiliated with a for-hire vehicle company to provide 
        transportation services to the public.
            (4) FVC personnel.--The term ``FVC personnel'' means an 
        employee or contractor of a covered for-vehicle company, other 
        than a FVC driver.
            (5) Sexual assault.--The term ``sexual assault'' means the 
        occurrence of an act that constitutes any nonconsensual sexual 
        act proscribed by Federal, tribal, or State law, including when 
        the victim lacks capacity to consent.
            (6) TNC driver.--The term ``TNC driver'' means an 
        individual who is employed, contracted by, or otherwise 
        affiliated with a transportation network company to provide 
        transportation services (also known as ride-sharing) to the 
        public.
            (7) TNC personnel.--The term ``TNC personnel'' means an 
        employee or contractor of a covered transportation network 
        company, other than a TNC driver.
            (8) Transportation network company.--The term 
        ``transportation network company''--
                    (A) means a corporation, partnership, sole 
                proprietorship, or other entity, that uses a digital 
                network to connect riders to drivers affiliated with 
                the entity in order for the driver to transport the 
                rider using a vehicle owned, leased, or otherwise 
                authorized for use by the driver to a point chosen by 
                the rider; and
                    (B) does not include a shared-expense carpool or 
                vanpool arrangement that is not intended to generate 
                profit for the driver.
            (9) Transportation sexual assault or harassment incident.--
        The term ``transportation sexual assault or harassment 
        incident'' means the occurrence, or reasonably suspected 
        occurrence, of an act that--
                    (A) constitutes sexual assault or sexual 
                harassment; and
                    (B) is committed--
                            (i) by a passenger or a member of the 
                        personnel of a covered entity, or in the case 
                        of a TNC, a TNC driver of the covered entity, 
                        against another passenger or member of 
                        personnel or TNC driver of the covered entity, 
                        or in the case of a for-hire vehicle company, 
                        an FVC driver of the covered entity, against 
                        another passenger or member of personnel or an 
                        FVC driver of the covered entity; and
                            (ii) within--
                                    (I) a vehicle of the covered entity 
                                that is transporting passengers, 
                                including aircraft, rolling stock, 
                                motorcoaches, and ferries; or
                                    (II) an area in which passengers 
                                are entering or exiting such a vehicle.
                                                 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 from sexual assault 
                and harassment, and for other purposes.

_______________________________________________________________________

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