[Congressional Record Volume 166, Number 171 (Thursday, October 1, 2020)]
[House]
[Pages H5183-H5188]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        STOP SEXUAL ASSAULT AND HARASSMENT IN TRANSPORTATION ACT

  Mr. DeFAZIO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5139) to protect transportation personnel and passengers 
from sexual assault and harassment, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5139

       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.

[[Page H5184]]

       (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--

[[Page H5185]]

       ``(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 ``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 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 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 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 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.''.

     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

[[Page H5186]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Oregon (Mr. DeFazio) and the gentlewoman from West Virginia (Mrs. 
Miller) each will control 20 minutes.
  The Chair recognizes the gentleman from Oregon.


                             General Leave

  Mr. DeFAZIO. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on H.R. 5139, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Oregon?
  There was no objection.
  Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 5139, the Stop Sexual Assault 
and Harassment in Transportation Act, as amended.
  The number one goal in transportation of people, whether it is across 
town, across the ocean, in the air, on the ground, or on the sea, is 
that there should be comprehensive policies in place for those 
companies that are entrusted with their well-being. While it is 
estimated that 90 percent of U.S. companies have a sexual harassment 
policy on the books, one in five does not offer training to prevent 
such incidents. This can leave passengers vulnerable and personnel 
unequipped to adequately address incidents when they occur.
  Some people may wonder whether this problem is as rampant as many may 
suggest and ask if there is enough robust, organized data out there 
that sheds light on this issue. Unfortunately, I have to say no. That 
is exactly the problem.
  There is no accumulated data. There is no Federal clearinghouse for 
transportation-related sexual assault and harassment incidents.
  The lack of centralized data leaves the traveling public in the dark 
about the risk. But in reality, sexual assault and harassment 
constitute a growing problem in transportation.

[[Page H5187]]

  For example, FBI investigations of in-flight sexual assaults in 
passenger airplanes rose from 38 in 2014 to 119 in 2019. Those are only 
the ones that are reported. Many people don't report.
  According to a 2018 national study, 17 percent of all respondents 
experienced sexual harassment while using mass transportation. Since 
2016, 260 sexual assaults aboard cruise ships have been reported to the 
DOT. It is by far the most frequently reported crime on cruise ships.
  In recent years, there may be no other industry that issue has 
plagued more than transportation network companies such as Uber and 
Lyft.
  In September 2019, 14 women sued Lyft, citing the company's failure 
to address a sexual predator crisis among its drivers. Uber identified 
nearly 6,000 sexual assaults and attempted sexual assaults on its 
platform in 2017 and 2018 alone.
  Anecdotal evidence suggests that sexual assault is a big problem with 
transportation network companies and traditional taxis alike, but TNCs 
and taxi companies don't share the data that would provide a complete 
picture of the problem.
  In my own hometown--I live in Springfield, Oregon, but in our urban 
area of Eugene-Springfield, we had one of the TNCs operating. All of 
their drivers had been through their intensive background checks, which 
are laughable, but then the Eugene police insisted that they go through 
real background checks. They found 12 people totally disqualified by 
the own standards of that company, Uber: one murderer, one rapist, and 
10 serious felons. They were picking up women alone from bars at 1 
o'clock in the morning, et cetera. The company didn't know it.
  In fact, those companies have fought--we are the last State that 
isn't bound by State law. They have been lobbying all the States to say 
you can't keep track of this; you cannot require more vigorous 
background checks. Unfortunately, 49 of the States have caved in to 
them, under threat of losing their services. My State hasn't. And, you 
know, this has to stop.
  That is why the Committee on Transportation and Infrastructure passed 
my bill, H.R. 5139, the Stop Sexual Assault and Harassment in 
Transportation Act. This bill will:
  One, require transportation providers to establish formal policies 
addressing sexual assault and harassment;
  Two, direct employees to receive specific training for not just how 
to handle sexual assault or harassment incidents, but also how to 
recognize and respond to potential human trafficking activities, 
something that has been identified numerous times by flight attendants 
who have alerted authorities and other workers in transportation; and,
  Three, charge the DOT with establishing the first-ever Federal 
clearinghouse for transportation-related sexual assault, harassment, 
and child trafficking, to allow the traveling public to fully 
understand the scope of the problem and spur further action.
  We can no longer allow sexual violence and abuse to persist on our 
roads, on our waters, or in our skies. We must be doing everything in 
our power to ensure our transportation system is safe for those who 
work in it and for everyone who uses it. This bill, which will allow us 
to finally track, respond to, and ultimately prevent sexual assault and 
harassment within all areas of our transportation system, brings us one 
step closer to attaining that goal.
  I want to acknowledge and express my appreciation for the supporters 
of this bill. It has been endorsed by the American Association of 
Justice, the Association of Flight Attendants, the Air Line Pilots 
Association, the Association of Professional Flight Attendants, the 
National Center on Sexual Exploitation, Rights4Girls, Survivors for 
Solutions, and the Transportation Trades Department.
  I urge my colleagues to support this legislation, and I reserve the 
balance of my time.
                                         House of Representatives,


                                   Committee on the Judiciary,

                                 Washington, DC, February 7, 2020.
     Hon. Peter DeFazio,
     Chairman, Committee on Transportation and Infrastructure,
     House of Representatives, Washington, DC.
       Dear Chairman Defazio: This is to advise you that the 
     Committee on the Judiciary has now had an opportunity to 
     review the provisions in H.R. 5139, the ``Stop Sexual Assault 
     and Harassment in Transportation Act,'' that fall within our 
     Rule X jurisdiction. I appreciate your consulting with us on 
     those provisions. The Judiciary Committee has no objection to 
     your including them in the bill for consideration on the 
     House floor, and to expedite that consideration is willing to 
     forgo action on H.R. 5139, with the understanding that we do 
     not thereby waive any future jurisdictional claim over those 
     provisions or their subject matters.
       In the event a House-Senate conference on this or similar 
     legislation is convened, the Judiciary Committee reserves the 
     right to request an appropriate number of conferees to 
     address any concerns with these or similar provisions that 
     may arise in conference.
       Please place this letter into the Congressional Record 
     during consideration of the measure on the House floor. Thank 
     you for the cooperative spirit in which you have worked 
     regarding this matter and others between our committees.
           Sincerely,
                                                   Jerrold Nadler,
     Chairman.
                                  ____

         House of Representatives, Commitee on Transportation and 
           Infrastructure,
                                 Washington, DC, February 7, 2020.
     Hon. Jerrold Nadler,
     Chairman, Committee on Judiciary,
     House of Representatives, Washington, DC.
       Dear Chairman Nadler: Thank you for your letter regarding 
     H.R. 5139, the Stop Sexual Assault and Harassment in 
     Transportation Act, which was ordered to be reported out of 
     the Committee on Transportation and Infrastructure on 
     November 20, 2019. I appreciate your willingness to work 
     cooperatively on this legislation.
       I acknowledge that by foregoing formal consideration on 
     H.R. 5139, the Committee on Judiciary does not waive any 
     future jurisdictional claims to provisions in this or similar 
     legislation, and that your Committee will be consulted and 
     involved on any matters in your Committee's jurisdiction 
     should this legislation move forward. In addition, should a 
     conference on the bill be necessary, I would support your 
     effort to seek appointment of an appropriate number of 
     conferees to any House-Senate conference involving provisions 
     within this legislation on which the Committee on Judiciary 
     has a valid jurisdictional claim.
       I appreciate your cooperation regarding this legislation, 
     and I will ensure that our exchange of letters is included in 
     the Congressional Record during floor consideration of H.R. 
     5139.
           Sincerely,
                                                 Peter A. DeFazio,
                                                            Chair.

  Mrs. MILLER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of the goal of H.R. 5139 to prevent 
incidents of sexual assault and harassment in transportation.
  Passengers should feel safe while traveling, and transportation 
workers should feel safe in their workplace. No one condones sexual 
misconduct in the transportation sector, or anywhere, for that matter.
  That is why the Transportation and Infrastructure Committee and 
Congress took such a strong bipartisan stance against this type of 
behavior in air transportation in the FAA Reauthorization Act of 2018.
  I appreciate Chair DeFazio working with the minority to address 
technical concerns with the bill to avoid unintended implementation 
issues.
  I urge support of this legislation, and I reserve the balance of my 
time.
  Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I thank the gentlewoman for her support and the support 
of the other Republican members of the committee. There were some 
technical issues relating to particular modes of transportation, and 
the minority wanted to get this bill done, and we worked out those 
concerns. I think everybody should support this today. Hopefully, it 
will be unanimous.
  Mr. Speaker, there was a section that got left out of my opening 
remarks, and this is a stunning number.
  On U.S. airlines alone, 68 percent of flight attendants say they have 
experienced sexual harassment during their careers. In fact, on 
November 8, 2019, a flight of a major airline diverted due to a 
passenger groping another passenger. The risk of an unwelcome and even 
threatening environment is real for both passengers and transportation 
workers alike.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. MILLER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I don't think there is any doubt that all Members 
support the intent of H.R. 5139. Like all of you, I want to help ensure 
that sexual misconduct in transportation is eliminated.

[[Page H5188]]

  Mr. Speaker, I urge support of this legislation, and I yield back the 
balance of my time.
  Mr. DeFAZIO. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
Washington, D.C. (Ms. Norton).
  Ms. NORTON. Mr. Speaker, I strongly support the Stop Sexual Assault 
and Harassment in Transportation Act, which would institute reporting 
requirements for incidents of sexual assault and harassment in 
passenger transportation carriers including airlines, vessels, buses, 
commuter and intercity passenger railroads, and transportation network 
companies like Uber and Lyft.
  I am pleased that this bill includes provisions that direct the 
Department of Transportation to collect information on the number of 
sexual assault and harassment incidents and to make that information 
publicly available, which Representative Rick Crawford and I included 
in our bipartisan AWARE Act. I believe that until we collect this 
information, the full magnitude of the problem will not be understood. 
We have heard some of it reported by my good friend just now from 
Oregon just now.
  In a 2018 survey of 2,000 flight attendants, one in five said they 
had been harassed, witnessed a passenger being sexually assaulted, or 
received a report of passenger-on-passenger sexual assault. Nearly 70 
percent reported experiencing sexual harassment, and almost one in five 
reported being sexually assaulted by passengers.
  In fiscal year 2014, 38 instances of in-flight sexual assault were 
reported to the Federal Bureau of Investigation. This number increased 
to 63 reported cases in 2017, but many instances of in-flight sexual 
assault remain unreported, because victims are fearful of contacting 
the authorities. FBI statistics indicate that as many as 75 percent of 
incidents go unreported.
  On cruise ships, sex crimes outweigh any other major offense. A 2013 
congressional report found that minors were victims in one-third of 
reported sexual assaults.
  There was bipartisan support for a provision in the Federal Aviation 
Administration Reauthorization Act of 2018 to establish a sexual 
misconduct working group to develop best practices for addressing 
sexual misconduct on flights, employee training, and law enforcement 
notification.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. DeFAZIO. Mr. Speaker, I yield an additional 1 minute to the 
gentlewoman from Washington, D.C. (Ms. Norton).
  Ms. NORTON. This legislation builds upon that work, requiring 
passenger transportation carriers to establish formal policies, 
training, and reporting structures for sexual assault and harassment 
and adds penalties for individuals who physically or sexually assault 
or threaten to assault transportation personnel.
  I support the passage of the Stop Sexual Assault and Harassment in 
Transportation Act so that every person can feel safe from violence and 
harassment while traveling.

                              {time}  1600

  Mr. DeFAZIO. Mr. Speaker, I am prepared to close, and I have no 
further speakers. I yield back the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, as a senior member of the House 
Judiciary Committee, I rise in strong support of H.R. 5139, the ``Stop 
Sexual Assault and Harassment in Transportation Act,'' which 
establishes formal sexual assault and harassment policies for the 
transportation industry.
  I would like to thank Congressman DeFazio for his leadership on this 
vital piece of legislation.
  While the United States prides itself for being an innovator and 
leader in transportation, we are severely lacking in our protections of 
personnel and travelers from sexual assault and harassment.
  There have been too many accounts of women and children being 
sexually assaulted on airplanes and groped on crowded trains, as well 
as flight attendants being sexually harassed daily in their workplaces.
  According to a survey of students at San Jose State University 
conducted by Metro Magazine, almost two-thirds (63 percent) of 
respondents had experienced some form of harassment while using 
transit.
  Verbal harassment was the most common form of harassment, with 41 
percent experiencing ``obscene/harassing language'' and 26 percent 
being subjected to sexual comments.
  Among non-verbal types of harassment, 22 percent had been stalked and 
18 percent had been victims of indecent exposure.
  With respect to physical harassment, 11 percent of students had 
experienced groping or inappropriate touching.
  These facts and figures are representative of a larger issue of 
sexual assault and harassment in the public transportation industry 
across the country.
  Things must change.
  H.R. 5139 seeks to help prevent sexual assaults and sexual harassment 
on airplanes, buses, passenger vessels, commuter and intercity 
passenger railroads, and ridesharing vehicles by establishing formal 
policies to which transportation providers must adhere.
  For example, passenger transportation providers are required to 
facilitate the reporting of sexual harassment and assault incidents, 
develop procedures that limit or prohibit future travel for individuals 
who perpetuate these incidents, as well as train personnel to recognize 
and respond to such incidents.
  The bill also establishes a maximum civil penalty of $35,000 for 
individuals who physically or sexually assault transportation 
personnel.
  Furthermore, H.R. 5139 not only establishes a data collection program 
within the Department of Transportation regarding the number of 
incidents of sexual assault or harassment reported by transportation 
personnel and passengers each year, but it also streamlines the 
reporting process for individuals involved in an incident.
  By doing so, individuals will be able to report allegations to law 
enforcement in a confidential and separate manner from the reporting 
processes offered by the transportation provider.
  It is simply not enough to condemn sexual harassment and assault.
  It is time for actionable solutions that stop these incidents from 
occurring altogether, and this bill is a great step in that direction.
  I encourage my fellow colleagues to vote in favor of H.R. 5139.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Oregon (Mr. DeFazio) that the House suspend the rules 
and pass the bill, H.R. 5139, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________