IIB 
116TH CONGRESS 
2D SESSION 
H. R. 5139 
IN THE SENATE OF THE UNITED STATES 
OCTOBER 19, 2020 
Received; read twice and referred to the Committee on Commerce, Science, 
and Transportation 
AN ACT 
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, 
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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 POLI-
CIES 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 fol-
lowing: 
‘‘§ 41727. Formal sexual assault and harassment poli-
cies 
‘‘(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 compensa-
tion shall issue, in consultation with labor unions rep-
resenting personnel of the air carrier or foreign air carrier, 
a formal policy with respect to transportation sexual as-
sault 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— 
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‘‘(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 ap-
propriate; 
‘‘(4) procedures that may limit or prohibit, to 
the extent practicable, future travel with the air car-
rier 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 as-
sault or harassment incidents; and 
‘‘(B) recognizing and responding to poten-
tial human trafficking victims, in the same 
manner as required under section 44734(a)(4). 
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‘‘(c) PASSENGER INFORMATION.—An air carrier or 
foreign air carrier described in subsection (a) shall promi-
nently 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 inci-
dents; 
‘‘(2) informs passengers and personnel of the 
other major components of the carrier’s formal pol-
icy, including a statement indicating that no trans-
portation sexual assault or harassment incident is 
acceptable under any circumstance; and 
‘‘(3) informs passengers and personnel of the 
procedure for reporting a transportation sexual as-
sault or harassment incident. 
‘‘(d) STANDARD OF CARE.—Compliance with the re-
quirements of this section, and any policy issued there-
under, shall not determine whether the air carrier or for-
eign air carrier described in subsection (a) has acted with 
any requisite standard of care. 
‘‘(e) DEFINITIONS.—In this section: 
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‘‘(1) PERSONNEL.—The term ‘personnel’ means 
an employee or contractor of an air carrier or for-
eign air carrier. 
‘‘(2) SEXUAL ASSAULT.—The term ‘sexual as-
sault’ means the occurrence of an act that con-
stitutes any nonconsensual sexual act proscribed by 
Federal, tribal, or State law, including when the vic-
tim lacks capacity to consent. 
‘‘(3) TRANSPORTATION
SEXUAL
ASSAULT
OR 
HARASSMENT INCIDENT.—The term ‘transportation 
sexual assault or harassment incident’ means the oc-
currence, 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 per-
sonnel of an air carrier or foreign air car-
rier 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.’’. 
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(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 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 POLI-
CIES FOR CERTAIN MOTOR CARRIERS. 
(a) REQUIREMENT.—Not later than 180 days after 
the date of enactment of this Act, each covered motor car-
rier shall issue, in consultation with labor unions rep-
resenting personnel of the covered motor carrier, a formal 
policy with respect to transportation sexual assault or har-
assment 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; 
and 
(B) confidential phone and internet-based 
opportunities for reporting; 
(3) procedures that personnel should follow 
upon the reporting of a transportation sexual assault 
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or harassment incident, including actions to protect 
affected individuals from continued sexual assault or 
harassment and to notify law enforcement when ap-
propriate; 
(4) procedures that may limit, to the extent 
practicable, future travel with the covered motor car-
rier 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 as-
sault or harassment incidents; and 
(B) recognizing and responding to poten-
tial 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 appro-
priate 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 inci-
dents; 
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(2) informs passengers and personnel of the 
other major components of the covered motor car-
rier’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 re-
porting a transportation sexual assault or harass-
ment incident. 
(d) STANDARD OF CARE.—Compliance with the re-
quirements of this section, and any policy issued there-
under, shall not determine whether the covered motor car-
rier 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 car-
rier. 
(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). 
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(3) SEXUAL ASSAULT.—The term ‘‘sexual as-
sault’’ means the occurrence of an act that con-
stitutes any nonconsensual sexual act proscribed by 
Federal, tribal, or State law, including when the vic-
tim 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 per-
sonnel of covered motor carrier against an-
other passenger or member of personnel of 
the covered motor carrier; and 
(ii) within a vehicle of the motor car-
rier or in an area in which passengers are 
entering or exiting such a vehicle. 
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SEC. 4. FORMAL SEXUAL ASSAULT AND HARASSMENT POLI-
CIES ON PASSENGER COMMUTER AND INTER-
CITY RAIL. 
(a) IN GENERAL.—Chapter 241 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 24104. Formal sexual assault and harassment poli-
cies 
‘‘(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 rep-
resenting personnel with respect to the covered rail entity, 
a formal policy with respect to transportation sexual as-
sault 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; 
and 
‘‘(B) confidential phone and internet-based 
opportunities for reporting; 
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‘‘(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; 
‘‘(4) procedures that may limit or prohibit, to 
the extent practicable, future travel with the covered 
rail entity by any passenger who causes a transpor-
tation 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 as-
sault or harassment incidents; and 
‘‘(B) recognizing and responding to poten-
tial human trafficking victims. 
‘‘(c) PASSENGER INFORMATION.—A covered rail enti-
ty shall prominently display, on the internet website of the 
entity and through the use of appropriate signage, a writ-
ten statement that— 
‘‘(1) advises passengers and personnel that the 
covered rail entity has adopted a formal policy with 
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respect to transportation sexual assault or harass-
ment 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 inci-
dent is acceptable under any circumstance; and 
‘‘(3) informs passengers and personnel of the 
procedure for reporting a transportation sexual as-
sault or harassment incident. 
‘‘(d) STANDARD OF CARE.—Compliance with the re-
quirements of this section, and any policy issued there-
under, 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 ‘cov-
ered rail entity’ means an entity providing commuter 
rail passenger transportation or intercity rail pas-
senger transportation. 
‘‘(2) PERSONNEL.—The term ‘personnel’ means 
an employee or contractor of a covered rail entity. 
‘‘(3) SEXUAL ASSAULT.—The term ‘sexual as-
sault’ means the occurrence of an act that con-
stitutes any nonconsensual sexual act proscribed by 
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Federal, tribal, or State law, including when the vic-
tim lacks capacity to consent. 
‘‘(4) TRANSPORTATION
SEXUAL
ASSAULT
OR 
HARASSMENT INCIDENT.—The term ‘transportation 
sexual assault or harassment incident’ means the oc-
currence, 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 per-
sonnel of covered rail entity against an-
other 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 pas-
sengers are entering or exiting such a vehi-
cle.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 241 of title 49, United States Code, is amended by 
adding at the end the following: 
‘‘24104. Formal sexual assault and harassment policies.’’. 
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SEC. 5. FORMAL SEXUAL ASSAULT AND HARASSMENT POLI-
CIES ON TRANSIT. 
(a) IN GENERAL.—Chapter 53 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 5341. Formal sexual assault and harassment poli-
cies 
‘‘(a) REQUIREMENT.—Not later than 180 days after 
the date of enactment of this section, each covered transit 
entity shall issue, in consultation with labor unions rep-
resenting personnel with respect to the covered transit en-
tity, 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; 
and 
‘‘(B) confidential phone and internet-based 
opportunities for reporting; 
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‘‘(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; 
‘‘(4) procedures that may limit, to the extent 
practicable, future travel with the covered transit en-
tity 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 as-
sault or harassment incidents; and 
‘‘(B) recognizing and responding to poten-
tial human trafficking victims. 
‘‘(c) PASSENGER INFORMATION.—A covered transit 
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 transit entity has adopted a formal policy 
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with respect to transportation sexual assault or har-
assment incidents; 
‘‘(2) informs passengers and personnel of the 
other major components of the covered transit enti-
ty’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 as-
sault or harassment incident. 
‘‘(d) STANDARD OF CARE.—Compliance with the re-
quirements of this section, and any policy issued there-
under, shall not determine whether the covered transit en-
tity has acted with any requisite standard of care. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) COVERED
TRANSIT
ENTITY.—The term 
‘covered transit entity’ means a State or local gov-
ernmental entity, private nonprofit organization, or 
Tribe that— 
‘‘(A) operates a public transportation serv-
ice; and 
‘‘(B) is a recipient or subrecipient of funds 
under this chapter. 
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‘‘(2) PERSONNEL.—The term ‘personnel’ means 
an employee or contractor of a covered transit enti-
ty. 
‘‘(3) SEXUAL ASSAULT.—The term ‘sexual as-
sault’ means the occurrence of an act that con-
stitutes any nonconsensual sexual act proscribed by 
Federal, tribal, or State law, including when the vic-
tim lacks capacity to consent. 
‘‘(4) TRANSPORTATION
SEXUAL
ASSAULT
OR 
HARASSMENT INCIDENT.—The term ‘transportation 
sexual assault or harassment incident’ means the oc-
currence, 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 per-
sonnel of covered transit entity against an-
other passenger or member of personnel of 
the covered transit entity; and 
‘‘(ii) within a vehicle of the covered 
transit entity or in an area in which pas-
sengers are entering or exiting such a vehi-
cle.’’. 
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(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 53 of title 49, United States Code, is amended by add-
ing at the end the following: 
‘‘5341. Formal sexual assault and harassment policies.’’. 
SEC. 6. 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 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 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; and 
‘‘(II) confidential phone and internet- 
based opportunities for reporting; 
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‘‘(iii) procedures that personnel should fol-
low upon the reporting of a sexual assault or 
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); 
‘‘(iv) procedures that may limit or prohibit, 
to the extent practicable, future travel on the 
vessel by any passenger who causes a transpor-
tation sexual assault or harassment incident; 
and 
‘‘(v) training that is required for all appro-
priate personnel with respect to the policy re-
quired 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 state-
ment that— 
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‘‘(i) advises passengers and crew members 
that the vessel owner has adopted a formal pol-
icy with respect to sexual assault or harassment 
incidents; 
‘‘(ii) informs passengers and personnel of 
the other major components of the vessel own-
er’s formal policy, including a statement indi-
cating that no transportation sexual assault or 
harassment incident is acceptable under any 
circumstance; and 
‘‘(iii) informs passengers and crew mem-
bers of the procedure for reporting a sexual as-
sault 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 re-
quirements of the amendments made by this section, and 
any policy issued thereunder, shall not determine whether 
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the applicable owner of a vessel covered by such amend-
ments 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 as-
sault’ means the occurrence of an act that con-
stitutes any nonconsensual sexual act proscribed by 
Federal, tribal, or State law, including when the vic-
tim lacks capacity to consent. 
‘‘(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 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 
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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) 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 CER-
TAIN TRANSPORTATION PERSONNEL. 
(a) IN GENERAL.—Chapter 805 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 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-
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ing rolling stock, motorcoaches, and ferries, is liable to the 
United States Government for a civil penalty of— 
‘‘(1) for calendar years 2020 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 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 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 
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‘‘(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). 
‘‘(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 chap-
ter 805 of title 49, United States Code, is amended by 
inserting after the item relating to section 80504 the fol-
lowing: 
‘‘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 2020 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.’’. 
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SEC. 8. FORMAL SEXUAL ASSAULT AND HARASSMENT POLI-
CIES FOR TRANSPORTATION NETWORK COM-
PANIES AND FOR-HIRE VEHICLE COMPANIES. 
(a) REQUIREMENT.—Not later than 180 days after 
the date of enactment of this Act, each transportation net-
work company and for-hire vehicle company shall issue, 
in consultation with labor unions representing TNC driv-
ers 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 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; 
(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 
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transportation sexual assault or harassment inci-
dent, 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 har-
assment 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 sex-
ual assault or harassment incidents; and 
(B) recognizing and responding to poten-
tial human trafficking victims. 
(c) PASSENGER INFORMATION.—A transportation 
network company or for-hire vehicle company shall promi-
nently display, on the internet website of the company and 
through the use of appropriate signage, a written state-
ment that— 
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(1) advises passengers that the transportation 
network company or for-hire vehicle company has 
adopted a formal policy with respect to transpor-
tation sexual assault or harassment incidents; 
(2) informs passengers, TNC drivers, TNC per-
sonnel, FVC drivers, and FVC personnel of the 
other major components of the transportation net-
work company’s formal policy or the for-hire vehicle 
company’s formal policy, including a statement indi-
cating that no transportation sexual assault or har-
assment incident is acceptable under any cir-
cumstance; and 
(3) informs passengers of the procedure for re-
porting a transportation sexual assault or harass-
ment incident. 
(d) STANDARD OF CARE.—Compliance with the re-
quirements of this section, and any policy issued there-
under, shall not determine whether the transportation net-
work 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 Transpor-
tation shall establish a program to annually collect and 
maintain data from each covered entity, or, as appro-
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priate, 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 enti-
ty 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 transpor-
tation network company or for-hire vehicle com-
pany, a TNC driver or a FVC driver, respec-
tively; 
(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 serv-
ices; and 
(3) any transportation sexual assault or harass-
ment incidents compiled and maintained under sec-
tion 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 Transpor-
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tation 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 as-
sault 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 Sec-
retary of Transportation, shall expand the process re-
quired 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 in-
volved in alleged transportation sexual assault or harass-
ment incidents that constitute a violation of law to report 
those allegations to law enforcement in a manner that pro-
tects the privacy and confidentiality of individuals involved 
in such allegations and through the same primary internet 
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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 amend-
ments made by this Act, including the accuracy of the re-
porting of transportation sexual assault or harassment in-
cidents 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 Transpor-
tation shall develop, and publish in the Federal Register, 
a definition of sexual harassment for purposes of the im-
plementation 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 pro-
viding services to sexual assault victims. 
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SEC. 13. DEFINITIONS. 
In this Act: 
(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) that transports passengers for compensa-
tion. 
(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 State or local governmental entity, 
private nonprofit organization, or Tribe that— 
(i) operates a public transportation 
service; and 
(ii) is a recipient or subrecipient of 
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). 
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(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). 
(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 gov-
ernment 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 com-
pany to provide transportation services to the public. 
(4) FVC PERSONNEL.—The term ‘‘FVC per-
sonnel’’ means an employee or contractor of a cov-
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ered for-hire vehicle company, other than a FVC 
driver. 
(5) SEXUAL ASSAULT.—The term ‘‘sexual as-
sault’’ means the occurrence of an act that con-
stitutes any nonconsensual sexual act proscribed by 
Federal, tribal, or State law, including when the vic-
tim 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 per-
sonnel’’ means an employee or contractor of a cov-
ered 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 dig-
ital network to connect riders to drivers affili-
ated 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 
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(B) does not include a shared-expense car-
pool or vanpool arrangement that is not in-
tended 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, personnel, TNC 
driver, or FVC driver of a covered entity, 
against a passenger, personnel, TNC driv-
er, or FVC driver of the covered entity; 
and 
(ii) within— 
(I) a vehicle of the covered entity 
that is transporting passengers, in-
cluding 
aircraft, 
rolling 
stock, 
motorcoaches, and ferries; or 
(II) an area in which passengers 
are entering or exiting such a vehicle. 
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SEC. 14. DETERMINATION OF BUDGETARY EFFECTS. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record 
by the Chairman of the House Budget Committee, pro-
vided that such statement has been submitted prior to the 
vote on passage. 
Passed the House of Representatives October 1, 
2020. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
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