[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5706 Referred in Senate (RFS)]
<DOC>
117th CONGRESS
2d Session
H. R. 5706
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 31, 2022
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 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. FORMAL SEXUAL ASSAULT AND HARASSMENT POLICIES 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 following:
``Sec. 41727. Formal sexual assault and harassment policies
``(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 compensation shall issue, in consultation
with labor unions representing personnel of the air carrier or foreign
air carrier, 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; 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 appropriate;
``(4) procedures that may limit or prohibit, to the extent
practicable, future travel with the air carrier 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 assault or
harassment incidents; and
``(B) recognizing and responding to potential human
trafficking victims, in the same manner as required
under section 44734(a)(4).
``(c) Passenger Information.--An air carrier or foreign air carrier
described in subsection (a) shall prominently 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 incidents;
``(2) informs passengers and personnel of the other major
components of the carrier'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 assault or harassment
incident.
``(d) Standard of Care.--Compliance with the requirements of this
section, and any policy issued thereunder, shall not determine whether
the air carrier or foreign air carrier described in subsection (a) has
acted with any requisite standard of care.
``(e) Definitions.--In this section:
``(1) Personnel.--The term `personnel' means an employee or
contractor of an air carrier or foreign air carrier.
``(2) Sexual assault.--The term `sexual assault' 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.
``(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 sexual
harassment; and
``(B) is committed--
``(i) by a passenger or member of personnel
of an air carrier or foreign air carrier
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.''.
(b) Clerical Amendment.--The analysis for chapter 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 POLICIES FOR CERTAIN MOTOR
CARRIERS.
(a) Requirement.--Not later than 180 days after the date of
enactment of this Act, each covered motor carrier shall issue, in
consultation with labor unions representing personnel of the covered
motor carrier, 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; 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 appropriate;
(4) procedures that may limit, to the extent practicable,
future travel with the covered motor 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 assault or harassment
incidents; and
(B) recognizing and responding to potential 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 appropriate 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 incidents;
(2) informs passengers and personnel of the other major
components of the covered motor carrier'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 reporting a
transportation sexual assault or harassment incident.
(d) Standard of Care.--Compliance with the requirements of this
section, and any policy issued thereunder, shall not determine whether
the covered motor carrier 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 carrier.
(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).
(3) Sexual assault.--The term ``sexual assault'' 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.
(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 personnel
of covered motor carrier against another
passenger or member of personnel of the covered
motor carrier; and
(ii) within a vehicle of the motor carrier
or in an area in which passengers are entering
or exiting such a vehicle.
SEC. 4. FORMAL SEXUAL ASSAULT AND HARASSMENT POLICIES ON PASSENGER
COMMUTER AND INTERCITY RAIL.
(a) In General.--Chapter 241 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 24104. Formal sexual assault and harassment policies
``(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 representing personnel with respect to
the covered rail 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; 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 appropriate;
``(4) procedures that may limit or prohibit, to the extent
practicable, future travel with the covered rail entity 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 assault or
harassment incidents; and
``(B) recognizing and responding to potential human
trafficking victims.
``(c) Passenger Information.--A covered rail 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
rail entity has adopted a formal policy with respect to
transportation sexual assault or harassment 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 incident is acceptable under any
circumstance; and
``(3) informs passengers and personnel of the procedure for
reporting a transportation sexual assault or harassment
incident.
``(d) Standard of Care.--Compliance with the requirements of this
section, and any policy issued thereunder, 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 `covered rail entity'
means an entity providing commuter rail passenger
transportation or intercity rail passenger transportation.
``(2) Personnel.--The term `personnel' means an employee or
contractor of a covered rail entity.
``(3) Sexual assault.--The term `sexual assault' 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.
``(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 personnel
of covered rail entity against another
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 passengers are
entering or exiting such a vehicle.''.
(b) Clerical Amendment.--The analysis for chapter 241 of title 49,
United States Code, is amended by adding at the end the following:
``24104. Formal sexual assault and harassment policies.''.
SEC. 5. FORMAL SEXUAL ASSAULT AND HARASSMENT POLICIES ON TRANSIT.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 5341. Formal sexual assault and harassment policies
``(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 representing personnel with respect to
the covered transit 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; 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 appropriate;
``(4) procedures that may limit, to the extent practicable,
future travel with the covered transit entity 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 assault or
harassment incidents; and
``(B) recognizing and responding to potential 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 with respect to
transportation sexual assault or harassment incidents;
``(2) informs passengers and personnel of the other major
components of the covered transit entity'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 assault or harassment
incident.
``(d) Standard of Care.--Compliance with the requirements of this
section, and any policy issued thereunder, shall not determine whether
the covered transit entity 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 governmental entity, private
nonprofit organization, or Tribe that--
``(A) operates a public transportation service; and
``(B) is a recipient or subrecipient of funds under
this chapter.
``(2) Personnel.--The term `personnel' means an employee or
contractor of a covered transit entity.
``(3) Sexual assault.--The term `sexual assault' 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.
``(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 personnel
of covered transit entity against another
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
passengers are entering or exiting such a
vehicle.''.
(b) Clerical Amendment.--The analysis for chapter 53 of title 49,
United States Code, is amended by adding at the end the following:
``5341. Formal sexual assault and harassment policies.''.
SEC. 6. 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 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 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; and
``(II) confidential phone and internet-
based opportunities for reporting;
``(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);
``(iv) procedures that may limit or prohibit, to
the extent practicable, future travel on the vessel by
any passenger who causes a transportation sexual
assault or harassment incident; and
``(v) training that is required for all appropriate
personnel with respect to the policy required 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 statement that--
``(i) advises passengers and crew members that the
vessel owner has adopted a formal policy with respect
to sexual assault or harassment incidents;
``(ii) informs passengers and personnel of the
other major components of the vessel owner's formal
policy, including a statement indicating that no
transportation sexual assault or harassment incident is
acceptable under any circumstance; and
``(iii) informs passengers and crew members of the
procedure for reporting a sexual assault 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 ``including any incident
reported under the procedures established under subsection (d)(6)(A)
that constitutes a violation of such sections of title 18,'' after
``title 18 applies,''.
(c) Standard of Care.--Compliance with the requirements of the
amendments made by this section, and any policy issued thereunder,
shall not determine whether the applicable owner of a vessel covered by
such amendments 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 assault' 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.
``(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 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 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 CERTAIN TRANSPORTATION
PERSONNEL.
(a) 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--
``(1) for calendar years 2021 through 2025, not more than
$35,000;
``(2) for calendar years 2026 through 2030, not more than
$40,000; and
``(3) for calendar year 2031 and thereafter, not more than
$45,000.
``(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 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
``(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).
``(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 more than $35,000.'' and inserting the
following: ``penalty of--
``(1) for calendar years 2021 through 2025, not more than
$35,000;
``(2) for calendar years 2026 through 2030, not more than
$40,000; and
``(3) for calendar year 2031 and thereafter, not more than
$45,000.''.
SEC. 8. FORMAL SEXUAL ASSAULT AND HARASSMENT POLICIES FOR
TRANSPORTATION NETWORK COMPANIES 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 consultation 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
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) TNC personnel or FVC personnel trained to
receive reports;
(3) procedures that TNC personnel or FVC 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;
(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 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 sexual assault or
harassment incidents; and
(B) recognizing and responding to potential human
trafficking victims.
(c) Passenger Information.--A transportation network company or
for-hire vehicle company shall prominently 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 transportation sexual assault or harassment
incidents;
(2) informs passengers, TNC drivers, TNC personnel, FVC
drivers, and FVC personnel of the other major components of the
transportation network company's formal policy or the for-hire
vehicle company'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 reporting a
transportation sexual assault or harassment incident.
(d) Standard of Care.--Compliance with the requirements of this
section, and any policy issued thereunder, shall not determine whether
the transportation network 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 service, 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 transportation network
company 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 entity that provides
authorized transportation services; and
(3) any transportation sexual assault or harassment
incidents compiled and maintained under section
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 assault 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 Secretary of
Transportation, shall expand the process required 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
involved in alleged 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 allegations 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 general of the Department
of Transportation shall assess compliance 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 Transportation shall develop,
and publish in the Federal Register, a definition of sexual harassment
for purposes of the implementation 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 providing
services to sexual assault victims.
SEC. 13. DEFINITIONS.
In this Act:
(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) 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 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 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).
(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 government
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 company to provide
transportation services to the public.
(4) FVC personnel.--The term ``FVC personnel'' means an
employee or contractor of a covered for-hire vehicle company,
other than a FVC driver.
(5) Sexual assault.--The term ``sexual assault'' 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 personnel'' 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 digital
network to connect riders to drivers affiliated 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
(B) does not include a shared-expense carpool or
vanpool arrangement that is not intended 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 driver, or FVC driver
of the covered entity; and
(ii) within--
(I) a vehicle of the covered entity
that is transporting passengers,
including aircraft, rolling stock,
motorcoaches, and ferries; or
(II) an area in which passengers
are entering or exiting such a vehicle.
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, provided that
such statement has been submitted prior to the vote on passage.
Passed the House of Representatives March 30, 2022.
Attest:
CHERYL L. JOHNSON,
Clerk.