[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.

                          ____________________