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 Con-
necticut, 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. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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SEC. 2. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) COVERED ENTITY.—The term ‘‘covered en-
tity’’ 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). 
(B) A foreign air carrier (as that term is 
defined in section 40102 of title 49, United 
States Code). 
(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 inter-
city 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 pas-
senger transportation or intercity rail passenger 
transportation (as those terms are defined in 
section 24102 of title 49, United States Code). 
(2) PERSONNEL.—The term ‘‘personnel’’ means 
an employee or contractor of a covered entity. 
(3) TRANSPORTATION
SEXUAL
ASSAULT
OR 
HARASSMENT INCIDENT.—The term ‘‘transportation 
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sexual assault or harassment incident’’ means the 
occurrence, or reasonably suspected occurrence, of 
an act that— 
(A) constitutes sexual assault or harass-
ment; and 
(B) is committed— 
(i) by a passenger of a covered entity; 
(ii) against— 
(I) another passenger of the cov-
ered entity; or 
(II) a member of the personnel of 
the covered entity; and 
(iii) within— 
(I) a vehicle of the covered entity 
that is transporting passengers, in-
cluding aircraft, rolling stock, motor-
coaches, and ferries; 
(II) an area in which passengers 
are entering or exiting such a vehicle; 
or 
(III) an area in which the Am-
trak Police Department or a transit 
police department has law enforce-
ment responsibilities. 
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SEC. 3. SENSE OF CONGRESS REGARDING SEXUAL ASSAULT 
AND HARASSMENT IN PASSENGER TRANS-
PORTATION. 
It is the sense of Congress that— 
(1) a covered entity should institute policies and 
procedures to eliminate transportation sexual assault 
or harassment incidents, including policies and pro-
cedures to— 
(A) prohibit, to the extent practicable, fu-
ture travel with the covered entity by any pas-
senger who causes a transportation sexual as-
sault or harassment incident; 
(B) facilitate the reporting of transpor-
tation sexual assault or harassment incidents to 
ensure that the covered entity, the public, and 
law enforcement agencies have an accurate un-
derstanding of the rate of such incidents; 
(C) communicate to personnel and pas-
sengers of the covered entity the rights of such 
individuals with respect to transportation sexual 
assault or harassment incidents; 
(D) train personnel of the covered entity to 
recognize and respond appropriately to trans-
portation sexual assault or harassment inci-
dents; and 
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(E) ensure other appropriate and propor-
tional actions are undertaken to respond effec-
tively to transportation sexual assault or har-
assment incidents; and 
(2) individuals who cause a transportation sex-
ual assault or harassment incident should be held 
accountable under all applicable Federal and State 
laws. 
SEC. 4. FORMAL SEXUAL ASSAULT AND HARASSMENT POLI-
CIES IN TRANSPORTATION. 
(a) REQUIREMENT.—Not later than 90 days after the 
date of enactment of this Act, each covered entity shall 
issue, in consultation with labor unions representing per-
sonnel of the covered entity, a formal policy with respect 
to transportation sexual assault or harassment incidents. 
(b) CONTENTS.—The policy required under sub-
section (a) shall include— 
(1) a statement indicating that no transpor-
tation sexual assault or harassment incident is ac-
ceptable under any circumstance; 
(2) procedures that facilitate the reporting of a 
transportation sexual assault or harassment inci-
dent, including— 
(A) appropriate public outreach activities; 
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(B) confidential phone and internet-based 
opportunities for reporting; and 
(C) personnel trained to receive reports; 
(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 ap-
propriate; and 
(4) training with respect to the policy that are 
required for all appropriate personnel, including spe-
cific training for personnel who may receive reports 
of transportation sexual assault or harassment inci-
dents. 
(c) PASSENGER INFORMATION.—A covered entity 
shall prominently display, on the internet website of the 
covered entity and through the use of appropriate signage, 
a written statement that— 
(1) advises passengers that the covered entity 
has adopted a formal policy with respect to trans-
portation sexual assault or harassment incidents; 
and 
(2) informs passengers of the procedure for re-
porting a transportation sexual assault or harass-
ment incident. 
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SEC. 5. FORMAL SEXUAL ASSAULT AND HARASSMENT POLI-
CIES 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 ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(6)(A) issue a formal policy with respect to 
sexual assault or harassment incidents that in-
cludes— 
‘‘(i) a statement indicating that no sexual 
assault or harassment incident is acceptable 
under any circumstance; 
‘‘(ii) procedures that facilitate the report-
ing of a sexual assault or harassment incident, 
including— 
‘‘(I) appropriate public outreach ac-
tivities; 
‘‘(II) confidential phone and internet- 
based opportunities for reporting; and 
‘‘(III) personnel trained to receive re-
ports; 
‘‘(iii) procedures that personnel should fol-
low upon the reporting of a sexual assault or 
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harassment incident, including actions to pro-
tect affected individuals from continued sexual 
assault or harassment and how to provide the 
information and access required under para-
graph (5); and 
‘‘(iv) training with respect to the policy 
that are required for all appropriate personnel, 
including specific training for personnel who 
may receive reports of sexual assault or harass-
ment incidents; and 
‘‘(B) prominently display on the internet 
website of the vessel owner and, through the use of 
appropriate signage on each vessel, a written state-
ment that— 
‘‘(i) advises passengers that the vessel 
owner has adopted a formal policy with respect 
to sexual assault or harassment incidents; and 
‘‘(ii) informs passengers of the procedure 
for reporting a sexual assault or harassment in-
cident.’’. 
(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),’’ after ‘‘title 18 applies,’’. 
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(c) SEXUAL ASSAULT OR HARASSMENT INCIDENT 
DEFINED.—Section 3507(l) of title 46, United States 
Code, is amended by adding at the end the following: 
‘‘(3) SEXUAL ASSAULT OR HARASSMENT INCI-
DENT.—The term ‘sexual assault or harassment in-
cident’ means the occurrence, or reasonably sus-
pected occurrence, of an act that— 
‘‘(A) constitutes sexual assault or harass-
ment; 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; 
‘‘(ii) against— 
‘‘(I) a passenger of such vessel; 
or 
‘‘(II) a member of the crew of 
such vessel; and 
‘‘(iii) within— 
‘‘(I) such a vessel; or 
‘‘(II) an area in which passengers 
are entering or exiting such a vessel.’’. 
(d) REQUIREMENT.—Not later than 90 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 
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shall issue the formal policy with respect to sexual assault 
or harassment incidents required by the amendments 
made by this section. 
SEC. 6. CIVIL PENALTIES FOR INTERFERENCE. 
(a) INTERFERENCE
WITH
CABIN
OR
FLIGHT 
CREW.—Section 46318(a) of title 49, United States Code, 
is amended— 
(1) by inserting ‘‘or sexually’’ after ‘‘physically’’ 
each place it appears; and 
(2) by striking ‘‘$25,000’’ and inserting 
‘‘$35,000’’. 
(b) INTERFERENCE
WITH
CERTAIN
TRANSPOR-
TATION PERSONNEL.— 
(1) IN
GENERAL.—Chapter 805 of title 49, 
United States Code, is amended by adding at the 
end the following: 
‘‘§ 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 pas-
sengers 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, includ-
ing rolling stock, motorcoaches, and ferries, is liable to the 
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United States Government for a civil penalty of not more 
than $35,000. 
‘‘(b) COMPROMISE AND SETOFF.— 
‘‘(1) COMPROMISE.—The Secretary of Trans-
portation may compromise the amount of a civil pen-
alty 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 one 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 pas-
senger transportation or intercity rail passenger 
transportation (as those terms are defined in section 
24102 of this title).’’. 
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(2) CLERICAL AMENDMENT.—The analysis for 
chapter 805 of title 49, United States Code, is 
amended by inserting after the item relating to sec-
tion 80504 the following: 
‘‘80505. Interference with certain transportation personnel.’’. 
SEC. 7. DATA COLLECTION. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall establish a program to annually collect and 
maintain data from each covered entity on— 
(1) the number of transportation sexual assault 
or harassment incidents reported to the covered enti-
ty, including— 
(A) the number of incidents committed 
against passengers; and 
(B) the number of incidents committed 
against personnel; and 
(2) the number of transportation sexual assault 
or harassment incidents reported to law enforcement 
by personnel of the covered entity. 
(b) DATA AVAILABILITY.—Subject to subsection (c), 
the Secretary shall make available to the public on the 
primary internet website of the Department of Transpor-
tation the data collected and maintained under subsection 
(a). 
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(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 as-
sault or harassment incident; 
(2) precludes the connection of the data to any 
individual covered entity; 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. 8. 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. 
SEC. 9. RULE OF CONSTRUCTION. 
Nothing in this Act may be construed to undermine 
the responsibility and authority of— 
(1) the pilot in command of an aircraft with re-
spect to the safe and secure operation of the air-
craft; or 
(2) the master a vessel to which section 3507 
of title 46, United States Code, applies. 
Æ 
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