‘‘(c) COVERED ENTITY DEFINED.—In this section, the 
term ‘covered entity’ means an entity that is 1 of the fol-
lowing: 
‘‘(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 Fed-
eral 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 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 
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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 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 network 
company and for-hire vehicle company shall issue, in con-
sultation 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 pol-
icy with respect to transportation sexual assault or harass-
ment incidents. 
(b) CONTENTS.—The policy required under subsection 
(a) shall include— 
(1) a statement indicating that no transpor-
tation sexual assault or harassment incident is ac-
ceptable under any circumstance; 
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(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 per-
sonnel should follow upon the reporting of a transpor-
tation sexual assault or harassment incident, includ-
ing actions to protect affected individuals from con-
tinued 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 inci-
dent; and 
(5) training that is required for all appropriate 
personnel with respect to the policy required under 
subsection (a), including— 
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(A) specific training for such personnel who 
may receive reports of transportation sexual as-
sault or harassment incidents; and 
(B) recognizing and responding to potential 
human trafficking victims. 
(c) PASSENGER INFORMATION.—A transportation net-
work 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 statement 
that— 
(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 network com-
pany’s formal policy or the for-hire vehicle company’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 of the procedure for re-
porting a transportation sexual assault or harassment 
incident. 
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(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 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 serv-
ice, 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 en-
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tity that provides authorized transportation services; 
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 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 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 chap-
ter 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 required 
to be established under section 339B of the FAA Reauthor-
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ization Act of 2018 (Public Law 115–254) to provide for 
a streamlined process for any individuals involved in al-
leged 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 allega-
tions 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 gen-
eral of the Department of Transportation shall assess com-
pliance 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 Transpor-
tation shall develop, and publish in the Federal Register, 
a definition of sexual harassment for purposes of the imple-
mentation of this Act and the amendments made by this 
Act. 
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(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. 
SEC. 13. DEFINITIONS. 
In this Act: 
(1) COVERED ENTITY.—The term ‘‘covered enti-
ty’’ 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 com-
pensation. 
(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 
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(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 sec-
tion 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 govern-
ment entity as a taxicab service, limousine serv-
ice, livery service, black car service, sedan serv-
ice, chauffeur service, or any other similar cat-
egory 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. 
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(4) FVC PERSONNEL.—The term ‘‘FVC per-
sonnel’’ means an employee or contractor of a covered 
for-vehicle company, other than a FVC driver. 
(5) SEXUAL
ASSAULT.—The term ‘‘sexual as-
sault’’ 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 per-
sonnel’’ 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 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, 
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or otherwise authorized for use by the driver to 
a point chosen by the rider; and 
(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 HAR-
ASSMENT INCIDENT.—The term ‘‘transportation sex-
ual assault or harassment incident’’ means the occur-
rence, or reasonably suspected occurrence, of an act 
that— 
(A) constitutes sexual assault or sexual har-
assment; 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 enti-
ty, against another passenger or member of 
personnel or TNC driver of the covered enti-
ty, or in the case of a for-hire vehicle com-
pany, 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— 
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(I) a vehicle of the covered entity 
that is transporting passengers, includ-
ing 
aircraft, 
rolling 
stock, 
motorcoaches, and ferries; or 
(II) an area in which passengers 
are entering or exiting such a vehicle. 
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Union Calendar No. 371 
116TH CONGRESS 
2D SESSION 
H. R. 5139 
[Report No. 116–463, Part I] 
A BILL 
To protect transportation personnel and passengers 
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 
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