I 

115TH CONGRESS 

2D SESSION H. R. 5857 

To protect transportation personnel and passengers from sexual assault and 

harassment, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 17, 2018 

Mr. DEFAZIO (for himself, Ms. NORTON, Ms. EDDIE BERNICE JOHNSON of 

Texas, Mr. CUMMINGS, Mr. LARSEN of Washington, Mr. CAPUANO, Mrs. 

NAPOLITANO, Mr. LIPINSKI, Mr. COHEN, Mr. SIRES, Mr. GARAMENDI, 

Mr. JOHNSON of Georgia, Mr. CARSON of Indiana, Mr. NOLAN, Ms. 

TITUS, Mr. SEAN PATRICK MALONEY of New York, Ms. ESTY of Connecticut, Ms. FRANKEL of Florida, Mrs. BUSTOS, Mr. HUFFMAN, Ms. 

BROWNLEY of California, Ms. WILSON of Florida, Mr. PAYNE, Mr. 

LOWENTHAL, Mrs. LAWRENCE, Mr. DESAULNIER, and Ms. PLASKETT) 

introduced the following bill; which was referred to the Committee on 

Transportation and Infrastructure 

A BILL 

To protect transportation personnel and passengers from 

sexual assault and harassment, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

5 and Harassment in Transportation Act’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act, the following definitions apply: 

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

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

6 in section 40102 of title 49, United States 

7 Code). 

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

9 defined in section 40102 of title 49, United 

10 States Code). 

11 (C) A recipient of Federal funds under 

12 chapter 53 of title 49, United States Code. 

13 (D) A motor carrier of passengers that— 

14 (i) conducts regularly scheduled inter15 city service; and 

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

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

18 Code of Federal Regulations). 

19 (E) An entity providing commuter rail pas20 senger transportation or intercity rail passenger 

21 transportation (as those terms are defined in 

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

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

24 an employee or contractor of a covered entity. 

25 (3) TRANSPORTATION SEXUAL ASSAULT OR

26 HARASSMENT INCIDENT.—The term ‘‘transportation 


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1 sexual assault or harassment incident’’ means the 

2 occurrence, or reasonably suspected occurrence, of 

3 an act that— 

4 (A) constitutes sexual assault or harass5 ment; and 

6 (B) is committed— 

7 (i) by a passenger of a covered entity; 

8 (ii) against— 

9 (I) another passenger of the cov10 ered entity; or 

11 (II) a member of the personnel of 

12 the covered entity; and 

13 (iii) within— 

14 (I) a vehicle of the covered entity 

15 that is transporting passengers, in16 cluding aircraft, rolling stock, motor17 coaches, and ferries; 

18 (II) an area in which passengers 

19 are entering or exiting such a vehicle; 

20 or 

21 (III) an area in which the Am22 trak Police Department or a transit 

23 police department has law enforce24 ment responsibilities. 


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1 SEC. 3. SENSE OF CONGRESS REGARDING SEXUAL ASSAULT 

2 AND HARASSMENT IN PASSENGER TRANS3 PORTATION. 

4 It is the sense of Congress that— 

5 (1) a covered entity should institute policies and 

6 procedures to eliminate transportation sexual assault 

7 or harassment incidents, including policies and pro8 cedures to— 

9 (A) prohibit, to the extent practicable, fu10 ture travel with the covered entity by any pas11 senger who causes a transportation sexual as12 sault or harassment incident; 

13 (B) facilitate the reporting of transpor14 tation sexual assault or harassment incidents to 

15 ensure that the covered entity, the public, and 

16 law enforcement agencies have an accurate un17 derstanding of the rate of such incidents; 

18 (C) communicate to personnel and pas19 sengers of the covered entity the rights of such 

20 individuals with respect to transportation sexual 

21 assault or harassment incidents; 

22 (D) train personnel of the covered entity to 

23 recognize and respond appropriately to trans24 portation sexual assault or harassment inci25 dents; and 


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1 (E) ensure other appropriate and propor2 tional actions are undertaken to respond effec3 tively to transportation sexual assault or har4 assment incidents; and 

5 (2) individuals who cause a transportation sex6 ual assault or harassment incident should be held 

7 accountable under all applicable Federal and State 

8 laws. 

9 SEC. 4. FORMAL SEXUAL ASSAULT AND HARASSMENT POLI10 CIES IN TRANSPORTATION. 

11 (a) REQUIREMENT.—Not later than 90 days after the 

12 date of enactment of this Act, each covered entity shall 

13 issue, in consultation with labor unions representing per14 sonnel of the covered entity, a formal policy with respect 

15 to transportation sexual assault or harassment incidents. 

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

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

21 (2) procedures that facilitate the reporting of a 

22 transportation sexual assault or harassment inci23 dent, including— 

24 (A) appropriate public outreach activities; 


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1 (B) confidential phone and internet-based 

2 opportunities for reporting; and 

3 (C) personnel trained to receive reports; 

4 (3) procedures that personnel should follow 

5 upon the reporting of a transportation sexual assault 

6 or harassment incident, including actions to protect 

7 affected individuals from continued sexual assault or 

8 harassment and to notify law enforcement when ap9 propriate; and 

10 (4) training with respect to the policy that are 

11 required for all appropriate personnel, including spe12 cific training for personnel who may receive reports 

13 of transportation sexual assault or harassment inci14 dents. 

15 (c) PASSENGER INFORMATION.—A covered entity 

16 shall prominently display, on the internet website of the 

17 covered entity and through the use of appropriate signage, 

18 a written statement that— 

19 (1) advises passengers that the covered entity 

20 has adopted a formal policy with respect to trans21 portation sexual assault or harassment incidents; 

22 and 

23 (2) informs passengers of the procedure for re24 porting a transportation sexual assault or harass25 ment incident. 


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1 SEC. 5. FORMAL SEXUAL ASSAULT AND HARASSMENT POLI2 CIES FOR PASSENGER VESSELS. 

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

4 United States Code, is amended— 

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

6 the semicolon at the end; 

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

8 the end and inserting ‘‘; and’’; and 

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

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

11 sexual assault or harassment incidents that in12 cludes— 

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

14 assault or harassment incident is acceptable 

15 under any circumstance; 

16 ‘‘(ii) procedures that facilitate the report17 ing of a sexual assault or harassment incident, 

18 including— 

19 ‘‘(I) appropriate public outreach ac20 tivities; 

21 ‘‘(II) confidential phone and internet22 based opportunities for reporting; and 

23 ‘‘(III) personnel trained to receive re24 ports; 

25 ‘‘(iii) procedures that personnel should fol26 low upon the reporting of a sexual assault or 


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1 harassment incident, including actions to pro2 tect affected individuals from continued sexual 

3 assault or harassment and how to provide the 

4 information and access required under para5 graph (5); and 

6 ‘‘(iv) training with respect to the policy 

7 that are required for all appropriate personnel, 

8 including specific training for personnel who 

9 may receive reports of sexual assault or harass10 ment incidents; and 

11 ‘‘(B) prominently display on the internet 

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

13 appropriate signage on each vessel, a written state14 ment that— 

15 ‘‘(i) advises passengers that the vessel 

16 owner has adopted a formal policy with respect 

17 to sexual assault or harassment incidents; and 

18 ‘‘(ii) informs passengers of the procedure 

19 for reporting a sexual assault or harassment in20 cident.’’. 

21 (b) REPORTING REQUIREMENT.—Section 

22 3507(g)(3)(A)(i) of title 46, United States Code, is 

23 amended by inserting ‘‘any sexual assault or harassment 

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

25 section),’’ after ‘‘title 18 applies,’’. 


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1 (c) SEXUAL ASSAULT OR HARASSMENT INCIDENT

2 DEFINED.—Section 3507(l) of title 46, United States 

3 Code, is amended by adding at the end the following: 

4 ‘‘(3) SEXUAL ASSAULT OR HARASSMENT INCI5 DENT.—The term ‘sexual assault or harassment in6 cident’ means the occurrence, or reasonably sus7 pected occurrence, of an act that— 

8 ‘‘(A) constitutes sexual assault or harass9 ment; and 

10 ‘‘(B) is committed— 

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

12 which this section applies or a member of 

13 the crew of such a vessel; 

14 ‘‘(ii) against— 

15 ‘‘(I) a passenger of such vessel; 

16 or 

17 ‘‘(II) a member of the crew of 

18 such vessel; and 

19 ‘‘(iii) within— 

20 ‘‘(I) such a vessel; or 

21 ‘‘(II) an area in which passengers 

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

23 (d) REQUIREMENT.—Not later than 90 days after the 

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

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


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1 shall issue the formal policy with respect to sexual assault 

2 or harassment incidents required by the amendments 

3 made by this section. 

4 SEC. 6. CIVIL PENALTIES FOR INTERFERENCE. 

5 (a) INTERFERENCE WITH CABIN OR FLIGHT

6 CREW.—Section 46318(a) of title 49, United States Code, 

7 is amended— 

8 (1) by inserting ‘‘or sexually’’ after ‘‘physically’’ 

9 each place it appears; and 

10 (2) by striking ‘‘$25,000’’ and inserting 

11 ‘‘$35,000’’. 

12 (b) INTERFERENCE WITH CERTAIN TRANSPOR13 TATION PERSONNEL.— 

14 (1) IN GENERAL.—Chapter 805 of title 49, 

15 United States Code, is amended by adding at the 

16 end the following: 

17 ‘‘§ 80505. Interference with certain transportation 

18 personnel 

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

20 or sexually assaults or threatens to physically or sexually 

21 assault an employee engaged in the transportation of pas22 sengers on behalf of a covered entity, or takes any action 

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

24 of a covered entity that is transporting passengers, includ25 ing rolling stock, motorcoaches, and ferries, is liable to the 


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1 United States Government for a civil penalty of not more 

2 than $35,000. 

3 ‘‘(b) COMPROMISE AND SETOFF.— 

4 ‘‘(1) COMPROMISE.—The Secretary of Trans5 portation may compromise the amount of a civil pen6 alty imposed under this section. 

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

8 may deduct the amount of a civil penalty imposed or 

9 compromised under this section from amounts the 

10 Government owes the person liable for the penalty. 

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

12 the term ‘covered entity’ means an entity that is one of 

13 the following: 

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

15 53 of this title. 

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

17 ‘‘(A) conducts regularly scheduled intercity 

18 service; and 

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

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

21 Federal Regulations). 

22 ‘‘(3) An entity providing commuter rail pas23 senger transportation or intercity rail passenger 

24 transportation (as those terms are defined in section 

25 24102 of this title).’’. 


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1 (2) CLERICAL AMENDMENT.—The analysis for 

2 chapter 805 of title 49, United States Code, is 

3 amended by inserting after the item relating to sec4 tion 80504 the following: 

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

5 SEC. 7. DATA COLLECTION. 

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

7 date of enactment of this Act, the Secretary of Transpor8 tation shall establish a program to annually collect and 

9 maintain data from each covered entity on— 

10 (1) the number of transportation sexual assault 

11 or harassment incidents reported to the covered enti12 ty, including— 

13 (A) the number of incidents committed 

14 against passengers; and 

15 (B) the number of incidents committed 

16 against personnel; and 

17 (2) the number of transportation sexual assault 

18 or harassment incidents reported to law enforcement 

19 by personnel of the covered entity. 

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

21 the Secretary shall make available to the public on the 

22 primary internet website of the Department of Transpor23 tation the data collected and maintained under subsection 

24 (a). 


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

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

3 (1) protects the privacy and confidentiality of 

4 individuals involved in a transportation sexual as5 sault or harassment incident; 

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

7 individual covered entity; and 

8 (3) is organized by mode of transportation. 

9 (d) PAPERWORK REDUCTION.—Subchapter I of 

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

11 to this Act. 

12 SEC. 8. INSPECTOR GENERAL REPORT TO CONGRESS. 

13 Not later than 18 months after the date of enactment 

14 of this Act, and every 2 years thereafter, the Inspector 

15 General of the Department of Transportation shall assess 

16 compliance with the provisions of this Act. 

17 SEC. 9. RULE OF CONSTRUCTION. 

18 Nothing in this Act may be construed to undermine 

19 the responsibility and authority of— 

20 (1) the pilot in command of an aircraft with re21 spect to the safe and secure operation of the air22 craft; or 

23 (2) the master a vessel to which section 3507 

24 of title 46, United States Code, applies. 

Æ 


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