[Congressional Record Volume 168, Number 56 (Wednesday, March 30, 2022)]
[House]
[Pages H3983-H3988]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1215
STOP SEXUAL ASSAULT AND HARASSMENT IN TRANSPORTATION ACT
Mr. DeFAZIO. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 5706) to protect transportation personnel and passengers
from sexual assault and harassment, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5706
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
[[Page H3984]]
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
[[Page H3985]]
``(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
[[Page H3986]]
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
[[Page H3987]]
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 gentleman from Florida (Mr. Webster) each
will control 20 minutes.
The Chair recognizes the gentleman from Oregon.
General Leave
Mr. DeFAZIO. Madam 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. 5706.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Oregon?
There was no objection.
Mr. DeFAZIO. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise in support of H.R. 5706, the Stop Sexual
Assault and Harassment in Transportation Act. The number one goal in
the transportation of people, whether it is across town or across an
ocean, must be safety. No matter how much progress we have made in
increasing the safety of our transportation system, we must always
strive to do better.
But as we have seen over the course of the last several years, much
more work remains to be done. And unfortunately, the pandemic has only
served to exacerbate the problem. For instance, there were more than
5,700 reports of air rage incidents on U.S. airlines in 2021 compared
to a typical year of 100 to 150 cases. Many of these incidents included
sexual assault and harassment.
In fact, last August, a passenger was arrested for punching a
Frontier Airlines flight attendant and groping two others on a flight
from Philadelphia to Miami. On another flight from New York to San
Francisco last year, a plane was diverted when a passenger engaged in
erratic behavior, including sexually harassing another passenger. The
risk of an unwelcome and even threatening environment has never been
more real for both passengers and transportation workers alike.
This risk existed long before the pandemic. According to a 2018
study, 68 percent of flight attendants on U.S. airlines say they
experienced sexual harassment, and 18 percent experienced some type of
physical sexual abuse from passengers during their careers; 68 percent
sexual harassment, 18 percent physical sexual abuse.
Moreover, this type of misconduct is not just limited to aviation.
For example, sexual assault is by far the most frequently reported
crime on cruise ships, with 101 incidents reported in 2019, the last
full year before the pandemic shut down much of the industry's
operations. While we don't have a comprehensive set of data for public
transit, a March 2020 survey of students at San Jose State University
found that 63 percent of respondents had experienced some form of
harassment while using transit.
In recent years, there may be no other industry this issue has
plagued more than transportation network companies. In 2019, Uber
released its first-ever report documenting sexual assaults among users
of its ride sharing app. The company documented over 6,000 reports of
sexual assault incidents in a 2-year span. That is an average of almost
10 sexual assaults in an Uber per day. Just last October, Lyft released
its first-ever report documenting 4,158 sexual assault incidents over a
span of 3 years. These results highlight the need for the Federal
Government to do much more to root out the scourge of sexual assault in
our transportation system.
But we can't effectively respond to these incidents until we fully
understand the scope of the problem. Unfortunately, there is no Federal
clearinghouse for transportation-related sexual assault and harassment
incidents. The data that the Department of Justice and the Department
of Transportation collect on sexual assault and harassment in
transportation are largely of incidents that were directly reported to
them, not from transportation providers. This information gap leaves
lawmakers, policymakers, and transportation providers themselves
unaware of areas where laws and policies should be improved.
That is why the Committee on Transportation and Infrastructure passed
my bill, H.R. 5706, the Stop Sexual Assault and Harassment in
Transportation Act. This bill will require transportation providers to
establish formal policies addressing sexual assault and harassment;
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; and
direct the Department of Transportation to establish the first-ever
Federal clearinghouse for transportation-related sexual assaults and
harassment data to allow us and the traveling public to fully
understand the scope of this problem.
We can no longer allow sexual violence and abuse to persist on our
roads, our waters, or in our skies. We must ensure our transportation
system is safe for those who work in it and those who wish to use 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 many
supporters of this bill. In particular, the bill has been strongly
endorsed by the Air Line Pilots Association, American Association for
Justice, Association of Flight Attendants, Association of Professional
Flight Attendants, National Center on Sexual Exploitation,
Rights4Girls, Survivors for Solutions, Transportation Communications
Union, Transportation Trades Department, AFL-CIO, and Transport Workers
Union of America. I would also like to thank my Republican colleagues
for their help in strengthening this bill by expanding its requirements
to State-regulated for-profit vehicles.
Madam Speaker, I urge my colleagues to support this measure, and I
reserve the balance of my time.
Commitiee on the Judiciary,
House of Representatives,
Washington, DC, March 18, 2022.
Hon. Peter A. DeFazio,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Chairman DeFazio: This letter is to advise you that
the Committee on the Judiciary has now had an opportunity to
review the provisions in H.R. 5706, 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. 5706, 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.
[[Page H3988]]
____
Committee on Transportation and Infrastructure, House of
Representatives,
Washington, DC, March 21, 2022.
Hon. Jerrold Nadler,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Chairman Nadler: Thank you for your letter regarding
H.R. 5706, the Stop Sexual Assault and Harassment in
Transportation Act. I appreciate your willingness to review
the legislation.
I acknowledge that by foregoing formal consideration on
H.R. 5706, the Committee on the 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 the
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.
5706.
Sincerely,
Peter A. DeFazio,
Chair.
Mr. WEBSTER of Florida. Madam Speaker, I yield myself such time as I
may consume.
I rise in support of the goal of H.R. 5706 to prevent incidents of
sexual assault and harassment in transportation. Passengers should feel
safe when they are traveling, and transportation workers should feel
safe in their workplace.
No one condones sexual misconduct. 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.
Last Congress, this legislation passed the House by voice vote, after
Chairman DeFazio worked with the other side of the aisle to address
technical concerns with the bill to avoid unintended implementation
issues.
Again, I want to thank Chairman DeFazio for working with us on this
bill. I urge support of this legislation, and I reserve the balance of
my time.
Mr. DeFAZIO. Madam Speaker, I have no additional speakers, and I
reserve the balance of my time.
Mr. WEBSTER of Florida. Madam Speaker, in closing, we want to help
ensure that sexual misconduct in transportation is eliminated, and this
bill is a step in the right direction. I urge support of this
legislation and yield back the balance of my time.
Mr. DeFAZIO. Madam Speaker, as I said earlier, I urge my colleagues
to support this bill. Hopefully, we can move it out of the House
unanimously and get the Senate to act in the near future. I yield back
the balance of my time.
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. 5706.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. ROSENDALE. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this motion
are postponed.
____________________