[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5857 Introduced in House (IH)]

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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.

    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. DEFINITIONS.

    In this Act, the following definitions apply:
            (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).
                    (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 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).
            (2) Personnel.--The term ``personnel'' means an employee or 
        contractor of a covered entity.
            (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 harassment; and
                    (B) is committed--
                            (i) by a passenger of a covered entity;
                            (ii) against--
                                    (I) another passenger of the 
                                covered 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, 
                                including aircraft, rolling stock, 
                                motorcoaches, and ferries;
                                    (II) an area in which passengers 
                                are entering or exiting such a vehicle; 
                                or
                                    (III) an area in which the Amtrak 
                                Police Department or a transit police 
                                department has law enforcement 
                                responsibilities.

SEC. 3. SENSE OF CONGRESS REGARDING SEXUAL ASSAULT AND HARASSMENT IN 
              PASSENGER TRANSPORTATION.

    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 procedures to--
                    (A) prohibit, to the extent practicable, future 
                travel with the covered entity by any passenger who 
                causes a transportation sexual assault or harassment 
                incident;
                    (B) facilitate the reporting of transportation 
                sexual assault or harassment incidents to ensure that 
                the covered entity, the public, and law enforcement 
                agencies have an accurate understanding of the rate of 
                such incidents;
                    (C) communicate to personnel and passengers 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 transportation 
                sexual assault or harassment incidents; and
                    (E) ensure other appropriate and proportional 
                actions are undertaken to respond effectively to 
                transportation sexual assault or harassment incidents; 
                and
            (2) individuals who cause a transportation sexual assault 
        or harassment incident should be held accountable under all 
        applicable Federal and State laws.

SEC. 4. FORMAL SEXUAL ASSAULT AND HARASSMENT POLICIES 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 personnel of the covered 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;
                    (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 appropriate; and
            (4) training with respect to the policy that are required 
        for all appropriate personnel, including specific training for 
        personnel who may receive reports of transportation sexual 
        assault or harassment incidents.
    (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 transportation sexual assault 
        or harassment incidents; and
            (2) informs passengers of the procedure for reporting a 
        transportation sexual assault or harassment incident.

SEC. 5. 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 ``; 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 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;
                            ``(II) confidential phone and internet-
                        based opportunities for reporting; and
                            ``(III) personnel trained to receive 
                        reports;
                    ``(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); 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 harassment 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 statement 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 incident.''.
    (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,''.
    (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 incident.--The term 
        `sexual assault or harassment incident' means the occurrence, 
        or reasonably suspected occurrence, of an act that--
                    ``(A) constitutes sexual assault or 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;
                            ``(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 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 Transportation Personnel.--
            (1) 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 not more than $35,000.
    ``(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 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 passenger 
        transportation or intercity rail passenger transportation (as 
        those terms are defined in section 24102 of this title).''.
            (2) 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.''.

SEC. 7. 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 on--
            (1) the number of transportation sexual assault or 
        harassment incidents reported to the covered entity, 
        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 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; 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 respect to the 
        safe and secure operation of the aircraft; or
            (2) the master a vessel to which section 3507 of title 46, 
        United States Code, applies.
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