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[House Report 116-463]
[From the U.S. Government Publishing Office]


116th Congress   }                                   {   Rept. 116-463
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                   {         Part 1

======================================================================



 
        STOP SEXUAL ASSAULT AND HARASSMENT IN TRANSPORTATION ACT

                                _______
                                

 July 29, 2020.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. DeFazio, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 5139]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 5139) to protect transportation 
personnel and passengers from sexual assault and harassment, 
and for other purposes, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................    11
Background and Need for Legislation..............................    11
Hearings.........................................................    11
Legislative History and Consideration............................    12
Committee Votes..................................................    13
Committee Oversight Findings.....................................    13
New Budget Authority and Tax Expenditures........................    13
Congressional Budget Office Cost Estimate........................    13
Performance Goals and Objectives.................................    16
Duplication of Federal Programs..................................    17
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................    17
Federal Mandates Statement.......................................    17
Preemption Clarification.........................................    17
Advisory Committee Statement.....................................    17
Applicability to Legislative Branch..............................    17
Section-by-Section Analysis of the Legislation...................    17
Changes in Existing Law Made by the Bill, as Reported............    21
Committee Correspondence.........................................    37

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Stop Sexual Assault and Harassment in 
Transportation Act''.

SEC. 2. FORMAL SEXUAL ASSAULT AND HARASSMENT POLICIES ON AIR CARRIERS 
                    AND FOREIGN AIR CARRIERS.

  (a) In General.--Chapter 417 of title 49, United States Code, is 
amended by adding at the end the following:

``Sec. 41727. Formal sexual assault and harassment policies

  ``(a) Requirement.--Not later than 180 days after the date of 
enactment of this section, each air carrier and foreign air carrier 
transporting passengers for compensation shall issue, in consultation 
with labor unions representing personnel of the air carrier or foreign 
air carrier, a formal policy with respect to transportation sexual 
assault or harassment incidents.
  ``(b) Contents.--The policy required under subsection (a) shall 
include--
          ``(1) a statement indicating that no transportation sexual 
        assault or harassment incident is acceptable under any 
        circumstance;
          ``(2) procedures that facilitate the reporting of a 
        transportation sexual assault or harassment incident, 
        including--
                  ``(A) appropriate public outreach activities; and
                  ``(B) confidential phone and internet-based 
                opportunities for reporting;
          ``(3) procedures that personnel should follow upon the 
        reporting of a transportation sexual assault or harassment 
        incident, including actions to protect affected individuals 
        from continued sexual assault or harassment and to notify law 
        enforcement when appropriate;
          ``(4) procedures that may limit or prohibit, to the extent 
        practicable, future travel with the air carrier or foreign air 
        carrier by any passenger who causes a transportation sexual 
        assault or harassment incident; and
          ``(5) training that is required for all appropriate personnel 
        with respect to the policy required under subsection (a), 
        including--
                  ``(A) specific training for personnel who may receive 
                reports of transportation sexual assault or harassment 
                incidents; and
                  ``(B) recognizing and responding to potential human 
                trafficking victims, in the same manner as required 
                under section 44734(a)(4).
  ``(c) Passenger Information.--An air carrier or foreign air carrier 
described in subsection (a) shall prominently display, on the internet 
website of the air carrier or foreign air carrier and through the use 
of appropriate signage, a written statement that--
          ``(1) advises passengers and personnel that the carrier has 
        adopted a formal policy with respect to transportation sexual 
        assault or harassment incidents;
          ``(2) informs passengers and personnel of the other major 
        components of the carrier's formal policy, including a 
        statement indicating that no transportation sexual assault or 
        harassment incident is acceptable under any circumstance; and
          ``(3) informs passengers and personnel of the procedure for 
        reporting a transportation sexual assault or harassment 
        incident.
  ``(d) Standard of Care.--Compliance with the requirements of this 
section, and any policy issued thereunder, shall not determine whether 
the air carrier or foreign air carrier described in subsection (a) has 
acted with any requisite standard of care.
  ``(e) Definitions.--In this section:
          ``(1) Personnel.--The term `personnel' means an employee or 
        contractor of an air carrier or foreign air carrier.
          ``(2) Sexual assault.--The term `sexual assault' means the 
        occurrence of an act that constitutes any nonconsensual sexual 
        act proscribed by Federal, tribal, or State law, including when 
        the victim lacks capacity to consent.
          ``(3) Transportation sexual assault or harassment incident.--
        The term `transportation sexual assault or harassment incident' 
        means the occurrence, or reasonably suspected occurrence, of an 
        act that--
                  ``(A) constitutes sexual assault or sexual 
                harassment; and
                  ``(B) is committed--
                          ``(i) by a passenger or member of personnel 
                        of an air carrier or foreign air carrier 
                        against another passenger or member of 
                        personnel of an air carrier or foreign air 
                        carrier; and
                          ``(ii) within an aircraft or in an area in 
                        which passengers are entering or exiting an 
                        aircraft.''.
  (b) Clerical Amendment.--The analysis for chapter 417 of title 49, 
United States Code, is amended by adding at the end the following:

``41727. Formal sexual assault and harassment policies.''.

SEC. 3. FORMAL SEXUAL ASSAULT AND HARASSMENT POLICIES FOR CERTAIN MOTOR 
                    CARRIERS.

  (a) Requirement.--Not later than 180 days after the date of enactment 
of this Act, each covered motor carrier shall issue, in consultation 
with labor unions representing personnel of the covered motor carrier, 
a formal policy with respect to transportation sexual assault or 
harassment incidents.
  (b) Contents.--The policy required under subsection (a) shall 
include--
          (1) a statement indicating that no transportation sexual 
        assault or harassment incident is acceptable under any 
        circumstance;
          (2) procedures that facilitate the reporting of a 
        transportation sexual assault or harassment incident, 
        including--
                  (A) appropriate public outreach activities; and
                  (B) confidential phone and internet-based 
                opportunities for reporting;
          (3) procedures that personnel should follow upon the 
        reporting of a transportation sexual assault or harassment 
        incident, including actions to protect affected individuals 
        from continued sexual assault or harassment and to notify law 
        enforcement when appropriate;
          (4) procedures that may limit, to the extent practicable, 
        future travel with the covered motor carrier by any passenger 
        who causes a transportation sexual assault or harassment 
        incident; and
          (5) training that is required for all appropriate personnel 
        with respect to the policy required under subsection (a), 
        including--
                  (A) specific training for personnel who may receive 
                reports of transportation sexual assault or harassment 
                incidents; and
                  (B) recognizing and responding to potential human 
                trafficking victims.
  (c) Passenger Information.--A covered motor carrier shall prominently 
display, on the internet website of the covered motor carrier and 
through the use of appropriate signage, a written statement that--
          (1) advises passengers that the covered motor carrier has 
        adopted a formal policy with respect to transportation sexual 
        assault or harassment incidents;
          (2) informs passengers and personnel of the other major 
        components of the covered motor carrier's formal policy, 
        including a statement indicating that no transportation sexual 
        assault or harassment incident is acceptable under any 
        circumstance; and
          (3) informs passengers of the procedure for reporting a 
        transportation sexual assault or harassment incident.
  (d) Standard of Care.--Compliance with the requirements of this 
section, and any policy issued thereunder, shall not determine whether 
the covered motor carrier has acted with any requisite standard of 
care.
  (e) Definitions.--In this section:
          (1) Personnel.--The term ``personnel'' means an employee or 
        contractor of a covered motor carrier.
          (2) Covered motor carrier.--The term ``covered motor 
        carrier'' means a motor carrier of passengers that--
                  (A) conducts regularly scheduled intercity service; 
                and
                  (B) is a Class I carrier (as that term is used in 
                section 369.3(a) of title 49, Code of Federal 
                Regulations).
          (3) Sexual assault.--The term ``sexual assault'' means the 
        occurrence of an act that constitutes any nonconsensual sexual 
        act proscribed by Federal, tribal, or State law, including when 
        the victim lacks capacity to consent.
          (4) Transportation sexual assault or harassment incident.--
        The term ``transportation sexual assault or harassment 
        incident'' means the occurrence, or reasonably suspected 
        occurrence, of an act that--
                  (A) constitutes sexual assault or sexual harassment; 
                and
                  (B) is committed--
                          (i) by a passenger or member of personnel of 
                        covered motor carrier against another passenger 
                        or member of personnel of the covered motor 
                        carrier; and
                          (ii) within a vehicle of the motor carrier or 
                        in an area in which passengers are entering or 
                        exiting such a vehicle.

SEC. 4. FORMAL SEXUAL ASSAULT AND HARASSMENT POLICIES ON PASSENGER 
                    COMMUTER AND INTERCITY RAIL.

  (a) In General.--Chapter 241 of title 49, United States Code, is 
amended by adding at the end the following:

``Sec. 24104. Formal sexual assault and harassment policies

  ``(a) Requirement.--Not later than 180 days after the date of 
enactment of this section, each covered rail entity shall issue, in 
consultation with labor unions representing personnel with respect to 
the covered rail entity, a formal policy with respect to transportation 
sexual assault or harassment incidents.
  ``(b) Contents.--The policy required under subsection (a) shall 
include--
          ``(1) a statement indicating that no transportation sexual 
        assault or harassment incident is acceptable under any 
        circumstance;
          ``(2) procedures that facilitate the reporting of a 
        transportation sexual assault or harassment incident, 
        including--
                  ``(A) appropriate public outreach activities; and
                  ``(B) confidential phone and internet-based 
                opportunities for reporting;
          ``(3) procedures that personnel should follow upon the 
        reporting of a transportation sexual assault or harassment 
        incident, including actions to protect affected individuals 
        from continued sexual assault or harassment and to notify law 
        enforcement when appropriate;
          ``(4) procedures that may limit or prohibit, to the extent 
        practicable, future travel with the covered rail entity by any 
        passenger who causes a transportation sexual assault or 
        harassment incident; and
          ``(5) training that is required for all appropriate personnel 
        with respect to the policy required under subsection (a), 
        including--
                  ``(A) specific training for personnel who may receive 
                reports of transportation sexual assault or harassment 
                incidents; and
                  ``(B) recognizing and responding to potential human 
                trafficking victims.
  ``(c) Passenger Information.--A covered rail entity shall prominently 
display, on the internet website of the entity and through the use of 
appropriate signage, a written statement that--
          ``(1) advises passengers and personnel that the covered rail 
        entity has adopted a formal policy with respect to 
        transportation sexual assault or harassment incidents;
          ``(2) informs passengers and personnel of the other major 
        components of the covered rail entity's formal policy, 
        including a statement indicating that no transportation sexual 
        assault or harassment incident is acceptable under any 
        circumstance; and
          ``(3) informs passengers and personnel of the procedure for 
        reporting a transportation sexual assault or harassment 
        incident.
  ``(d) Standard of Care.--Compliance with the requirements of this 
section, and any policy issued thereunder, shall not determine whether 
the covered rail entity has acted with any requisite standard of care.
  ``(e) Definitions.--In this section:
          ``(1) Covered rail entity.--The term `covered rail entity' 
        means an entity providing commuter rail passenger 
        transportation or intercity rail passenger transportation.
          ``(2) Personnel.--The term `personnel' means an employee or 
        contractor of a covered rail entity.
          ``(3) Sexual assault.--The term `sexual assault' means the 
        occurrence of an act that constitutes any nonconsensual sexual 
        act proscribed by Federal, tribal, or State law, including when 
        the victim lacks capacity to consent.
          ``(4) Transportation sexual assault or harassment incident.--
        The term `transportation sexual assault or harassment incident' 
        means the occurrence, or reasonably suspected occurrence, of an 
        act that--
                  ``(A) constitutes sexual assault or sexual 
                harassment; and
                  ``(B) is committed--
                          ``(i) by a passenger or member of personnel 
                        of covered rail entity against another 
                        passenger or member of personnel of the covered 
                        rail entity; and
                          ``(ii) within a vehicle of the covered rail 
                        entity or in an area in which passengers are 
                        entering or exiting such a vehicle.''.
  (b) Clerical Amendment.--The analysis for chapter 241 of title 49, 
United States Code, is amended by adding at the end the following:

``24104. Formal sexual assault and harassment policies.''.

SEC. 5. FORMAL SEXUAL ASSAULT AND HARASSMENT POLICIES ON TRANSIT.

  (a) In General.--Chapter 53 of title 49, United States Code, is 
amended by adding at the end the following:

``Sec. 5341. Formal sexual assault and harassment policies

  ``(a) Requirement.--Not later than 180 days after the date of 
enactment of this section, each recipient of Federal funds under this 
chapter operating vehicles shall issue, in consultation with labor 
unions representing personnel with respect to the recipient, 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 recipient 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 recipient 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 recipient 
        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 recipient 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 recipient entity 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 recipient of Federal funds under this chapter.
          ``(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 recipient entity against another passenger 
                        or member of personnel of the recipient entity; 
                        and
                          ``(ii) within a vehicle of the recipient 
                        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 ``any sexual assault or 
harassment incident (as that term is defined in subsection (l) of this 
section) that constitutes a violation of law,'' after ``title 18 
applies,''.
  (c) Standard of Care.--Compliance with the requirements of the 
amendments made by this section, and any policy issued thereunder, 
shall not determine whether the applicable owner of a vessel covered by 
such amendments has acted with any requisite standard of care.
  (d) Definitions.--Section 3507(l) of title 46, United States Code, is 
amended to read as follows:
  ``(l) Definitions.--
          ``(1) Owner.--In this section and section 3508, the term 
        `owner' means the owner, charterer, managing operator, master, 
        or other individual in charge of a vessel.
          ``(2) Sexual assault.--The term `sexual assault' means the 
        occurrence of an act that constitutes any nonconsensual sexual 
        act proscribed by Federal, tribal, or State law, including when 
        the victim lacks capacity to consent.
          ``(3) Sexual assault or harassment incident.--The term 
        `sexual assault or harassment incident' means the occurrence, 
        or reasonably suspected occurrence, of an act that--
                  ``(A) constitutes sexual assault or sexual 
                harassment; and
                  ``(B) is committed--
                          ``(i) by a passenger of a vessel to which 
                        this section applies or a member of the crew of 
                        such a vessel against another passenger of such 
                        vessel or a member of the crew of such a 
                        vessel; and
                          ``(ii) within--
                                  ``(I) such a vessel; or
                                  ``(II) an area in which passengers 
                                are entering or exiting such a 
                                vessel.''.
  (e) Maintenance and Placement of Video Surveillance Equipment.--
Section 3507(b)(1) of title 46, United States Code, is amended--
          (1) by striking ``The owner'' and inserting the following:
                  ``(A) In general.--The owner'';
          (2) by striking ``, as determined by the Secretary''; and
          (3) by adding at the end, the following:
                  ``(B) Placement of video surveillance equipment.--
                With regard to the placement of video surveillance 
                equipment on a vessel under subparagraph (A), the owner 
                shall--
                          ``(i) place video surveillance equipment in 
                        each passenger common area where a person has 
                        no reasonable expectation of privacy;
                          ``(ii) place video surveillance equipment in 
                        other areas where a person has no reasonable 
                        expectation of privacy; and
                          ``(iii) place video surveillance equipment in 
                        each area identified under clause (i) or (ii) 
                        in a manner that provides optimum surveillance 
                        of that area.''.
  (f) Notice of Video Surveillance.--Section 3507(b), of title 46, 
United States Code, is further amended by inserting after paragraph (1) 
the following:
          ``(2) Notice of video surveillance.--The owner of a vessel to 
        which this section applies shall provide clear and conspicuous 
        signs on board the vessel notifying the public of the presence 
        of video surveillance equipment.''.
  (g) Access to Video Records.--Section 3507(b), of title 46, United 
States Code, is further amended--
          (1) by redesignating paragraph (2) as paragraph (3); and
          (2) in paragraph (3), as so redesignated--
                  (A) by striking ``The owner'' and inserting the 
                following:
                  ``(A) Law enforcement.--The owner''; and
                  (B) by adding at the end the following:
                  ``(B) Civil actions.--The owner of a vessel to which 
                this section applies shall provide to any individual or 
                the individual's legal representative, upon written 
                request, a copy of all records of video surveillance--
                          ``(i) in which the individual is a subject of 
                        the video surveillance; and
                          ``(ii) that may provide evidence in a civil 
                        action.
                  ``(C) Limited access.--The owner of a vessel to which 
                this section applies shall ensure that access to 
                records of video surveillance is limited to the 
                purposes described in this paragraph.''.
  (h) Retention Requirements.--Section 3507(b), of title 46, United 
States Code, is further amended by adding at the end the following:
          ``(4) Retention requirements.--
                  ``(A) In general.--The owner of a vessel to which 
                this section applies shall retain all records of video 
                surveillance for a voyage for not less than 90 days 
                after the completion of the voyage. If an incident 
                described in subsection (g)(3)(A)(i) is alleged and 
                reported to law enforcement, all records of video 
                surveillance from the voyage that the Federal Bureau of 
                Investigation determines are relevant shall--
                          ``(i) be provided to the Federal Bureau of 
                        Investigation; and
                          ``(ii) be preserved by the vessel owner for 
                        not less than 5 years from the date of the 
                        alleged incident.
                  ``(B) Interim standards.--Not later than 180 days 
                after the date of enactment of the Stop Sexual Assault 
                and Harassment in Transportation Act, the Commandant, 
                in consultation with the Federal Bureau of 
                Investigation, shall promulgate interim standards for 
                the retention of records of video surveillance.
                  ``(C) Final standards.--Not later than 1 year after 
                the date of enactment of the Stop Sexual Assault and 
                Harassment in Transportation Act, the Commandant, in 
                consultation with the Federal Bureau of Investigation, 
                shall promulgate final standards for the retention of 
                records of video surveillance.
                  ``(D) Considerations.--In promulgating standards 
                under subparagraphs (B) and (C), the Commandant shall--
                          ``(i) consider factors that would aid in the 
                        investigation of serious crimes, including 
                        crimes that go unreported until after the 
                        completion of a voyage;
                          ``(ii) consider the different types of video 
                        surveillance systems and storage requirements 
                        in creating standards both for vessels 
                        currently in operation and for vessels newly 
                        built;
                          ``(iii) consider privacy, including standards 
                        for permissible access to and monitoring and 
                        use of the records of video surveillance; and
                          ``(iv) consider technological advancements, 
                        including requirements to update technology.''.
  (i) 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 2019 through 2024, not more than 
        $35,000;
          ``(2) for calendar years 2025 through 2029, not more than 
        $40,000; and
          ``(3) for calendar year 2030 and thereafter, not more than 
        $45,000.
  ``(b) Compromise and Setoff.--
          ``(1) Compromise.--The Secretary of Transportation may 
        compromise the amount of a civil penalty imposed under this 
        section.
          ``(2) Setoff.--The United States Government may deduct the 
        amount of a civil penalty imposed or compromised under this 
        section from amounts the Government owes the person liable for 
        the penalty.
  ``(c) Covered Entity Defined.--In this section, the term `covered 
entity' means an entity that is 1 of the following:
          ``(1) A recipient of Federal funds under chapter 53 of this 
        title.
          ``(2) A motor carrier of passengers that--
                  ``(A) conducts regularly scheduled intercity service; 
                and
                  ``(B) is a Class I carrier (as that term is used in 
                section 369.3(a) of title 49, Code of Federal 
                Regulations).
          ``(3) An entity providing commuter rail passenger 
        transportation or intercity rail passenger transportation (as 
        those terms are defined in section 24102 of this title).
          ``(4) The owner of a vessel for which section 3507 of title 
        46 applies.
          ``(5) A transportation network company.''.
  (b) Clerical Amendment.--The analysis for chapter 805 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 80504 the following:

``80505. Interference with certain transportation personnel.''.

  (c) Graduated Fines for Interference With Cabin or Flight Crew.--
Section 46318(a) of title 49, United States Code, is amended by 
striking ``penalty of not more than $35,000.'' and inserting the 
following: ``penalty of--
          ``(1) for calendar years 2019 through 2024, not more than 
        $35,000;
          ``(2) for calendar years 2025 through 2029, not more than 
        $40,000; and
          ``(3) for calendar year 2030 and thereafter, not more than 
        $45,000.''.

SEC. 8. FORMAL SEXUAL ASSAULT AND HARASSMENT POLICIES FOR 
                    TRANSPORTATION NETWORK COMPANIES AND FOR-HIRE 
                    VEHICLE COMPANIES.

  (a) Requirement.--Not later than 180 days after the date of enactment 
of this Act, each transportation network company and for-hire vehicle 
company shall issue, in consultation with labor unions representing TNC 
drivers of each such transportation network company or FVC drivers of 
each for-hire vehicle company, if applicable, a formal policy with 
respect to transportation sexual assault or harassment incidents.
  (b) Contents.--The policy required under subsection (a) shall 
include--
          (1) a statement indicating that no transportation sexual 
        assault or harassment incident is acceptable under any 
        circumstance;
          (2) procedures that facilitate the reporting of a 
        transportation sexual assault or harassment incident, 
        including--
                  (A) appropriate public outreach activities;
                  (B) confidential phone and internet-based 
                opportunities for reporting; and
                  (C) TNC personnel or FVC personnel trained to receive 
                reports;
          (3) procedures that TNC personnel or FVC personnel should 
        follow upon the reporting of a transportation sexual assault or 
        harassment incident, including actions to protect affected 
        individuals from continued sexual assault or harassment and to 
        notify law enforcement when appropriate;
          (4) procedures that may limit or prohibit, to the extent 
        practicable, future use of the transportation network company 
        platform by any passenger or TNC driver, or future use of the 
        for-hire vehicle company service by any passenger or FVC 
        driver, who causes a transportation sexual assault or 
        harassment incident; and
          (5) training that is required for all appropriate personnel 
        with respect to the policy required under subsection (a), 
        including--
                  (A) specific training for such personnel who may 
                receive reports of transportation sexual assault or 
                harassment incidents; and
                  (B) recognizing and responding to potential human 
                trafficking victims.
  (c) Passenger Information.--A transportation network company or for-
hire vehicle company shall prominently display, on the internet website 
of the company and through the use of appropriate signage, a written 
statement that--
          (1) advises passengers that the transportation network 
        company or for-hire vehicle company has adopted a formal policy 
        with respect to transportation sexual assault or harassment 
        incidents;
          (2) informs passengers, TNC drivers, TNC personnel, FVC 
        drivers, and FVC personnel of the other major components of the 
        transportation network company's formal policy or the for-hire 
        vehicle company's formal policy, including a statement 
        indicating that no transportation sexual assault or harassment 
        incident is acceptable under any circumstance; and
          (3) informs passengers of the procedure for reporting a 
        transportation sexual assault or harassment incident.
  (d) Standard of Care.--Compliance with the requirements of this 
section, and any policy issued thereunder, shall not determine whether 
the transportation network company or for-hire vehicle company has 
acted with any requisite standard of care.

SEC. 9. DATA COLLECTION.

  (a) In General.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Transportation shall establish a program to 
annually collect and maintain data from each covered entity, or, as 
appropriate, a State or local entity that provides authorized 
transportation service, on--
          (1) the number of transportation sexual assault or harassment 
        incidents reported to 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 TNC 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 recipient of Federal funds under chapter 53 of 
                title 49, United States Code.
                  (D) A motor carrier of passengers that--
                          (i) conducts regularly scheduled intercity 
                        service; and
                          (ii) is a Class I carrier (as that term is 
                        used in section 369.3(a) of title 49, Code of 
                        Federal Regulations).
                  (E) An entity providing commuter rail passenger 
                transportation or intercity rail passenger 
                transportation (as those terms are defined in section 
                24102 of title 49, United States Code).
                  (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-vehicle company, other 
        than a FVC driver.
          (5) Sexual assault.--The term ``sexual assault'' means the 
        occurrence of an act that constitutes any nonconsensual sexual 
        act proscribed by Federal, tribal, or State law, including when 
        the victim lacks capacity to consent.
          (6) TNC driver.--The term ``TNC driver'' means an individual 
        who is employed, contracted by, or otherwise affiliated with a 
        transportation network company to provide transportation 
        services (also known as ride-sharing) to the public.
          (7) TNC personnel.--The term ``TNC personnel'' means an 
        employee or contractor of a covered transportation network 
        company, other than a TNC driver.
          (8) Transportation network company.--The term 
        ``transportation network company''--
                  (A) means a corporation, partnership, sole 
                proprietorship, or other entity, that uses a digital 
                network to connect riders to drivers affiliated with 
                the entity in order for the driver to transport the 
                rider using a vehicle owned, leased, or otherwise 
                authorized for use by the driver to a point chosen by 
                the rider; and
                  (B) does not include a shared-expense carpool or 
                vanpool arrangement that is not intended to generate 
                profit for the driver.
          (9) Transportation sexual assault or harassment incident.--
        The term ``transportation sexual assault or harassment 
        incident'' means the occurrence, or reasonably suspected 
        occurrence, of an act that--
                  (A) constitutes sexual assault or sexual harassment; 
                and
                  (B) is committed--
                          (i) by a passenger or a member of the 
                        personnel of a covered entity, or in the case 
                        of a TNC, a TNC driver of the covered entity, 
                        against another passenger or member of 
                        personnel or TNC driver of the covered entity, 
                        or in the case of a for-hire vehicle company, 
                        an FVC driver of the covered entity, against 
                        another passenger or member of personnel or an 
                        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.

                         Purpose of Legislation

    The purpose of H.R. 5139, as amended, is to protect 
personnel and passengers during passenger transportation by 
air, motor carrier, commuter and intercity rail, transit, 
vessel, and rideshare from sexual assault and harassment and to 
improve the response to and facilitate the reporting of such 
incidents.

                  Background and Need for Legislation

    The United States prides itself on being an innovator and 
leader in transportation. However, recent media reports have 
brought to light the often-untold stories of transportation 
personnel and travelers exposed to sexual assault and 
harassment in passenger transportation. The stories include 
company employees and passengers, especially women and 
children, being sexually harassed or assaulted on airplanes, 
crowded trains, and cruise ships. The reality is that 
passengers and personnel experiencing such situations are in 
confined spaces, often with limited options to respond to or 
escape the unwelcome behavior.
    While it is estimated that 90 percent of U.S. companies 
currently have a sexual harassment policy in place, one in five 
companies does not offer training to prevent such incidents. 
This can leave passengers vulnerable and personnel unequipped 
to adequately address incidents when they occur. Furthermore, 
there is no Federal clearinghouse for data on transportation-
related sexual assault or harassment incidents.
    For these reasons, a Federal response is necessary. It is 
critical that the United States maintain a safe transportation 
system for the traveling public, and that transportation 
providers enact strict policies to prevent sexual assault and 
harassment in transportation and adopt clear procedures to 
respond to such incidents.

                                Hearings

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress, the Committee on Transportation and 
Infrastructure Subcommittee on Highways and Transit held the 
following hearing to develop or consider subjects related to 
matters contained in H.R. 5139:
    On October 16, 2019, the Subcommittee on Highways and 
Transit held a hearing titled, ``Examining the Future of 
Transportation Network Companies: Challenges and 
Opportunities.'' The purpose of the hearing was to learn from 
stakeholders about transportation network companies (TNCs); the 
role of cities and States in regulating TNC operations; and the 
impacts of this transportation model on mobility, other 
transportation options, drivers, and passengers. Witnesses 
included the Honorable Karen Freeman-Wilson, Mayor, City of 
Gary, Indiana and President of the National League of Cities; 
Jon Martz, Director, Government and Public Affairs, Commute 
with Enterprise; Paul Miller, Legislative Counsel, The 
Transportation Alliance; and Larry Willis, President, 
Transportation Trades Department, AFL-CIO.

                 Legislative History and Consideration

    H.R. 5139 was introduced in the House on November 18, 2019, 
by Mr. DeFazio and 18 original co-sponsors and referred to the 
Committee on Transportation and Infrastructure, and in addition 
to the Committee on the Judiciary. Within the Committee, H.R. 
5139 was referred to the Subcommittee on Aviation; the 
Subcommittee on Highways and Transit; the Subcommittee on Coast 
Guard and Maritime Transportation; and the Subcommittee on 
Railroads, Pipelines, and Hazardous Materials.
    The Chair discharged the Subcommittee on Aviation; the 
Subcommittee on Highways and Transit; the Subcommittee on Coast 
Guard and Maritime Transportation; and the Subcommittee on 
Railroads, Pipelines, and Hazardous Materials from further 
consideration of H.R. 5139 on November 20, 2019.
    The Committee met in open session to consider H.R. 5139 on 
November 20, 2019, and ordered the measure to be reported to 
the House with a favorable recommendation, as amended, by voice 
vote.
    During consideration, the following amendment was offered:
    An amendment offered by Mr. Smucker (#1), was AGREED TO by 
voice vote.
          Page 28, line 16, insert ``AND FOR-HIRE VEHICLE 
        COMPANIES'' before the period.
          Page 28, line 19, insert ``and for-hire vehicle 
        company'' after ``company''.
          Page 28, line 21, insert ``or FVC drivers of each 
        for- hire vehicle company'' after ``network company''.
          Page 29, line 8, strike ``and''.
          Page 29, line 10, insert ``and'' after 
        ``reporting;''.
          Page 29, after line 10, insert the following:
                  (C) TNC personnel or FVC personnel trained to 
                receive reports;
          Page 29, line 11, insert ``or FVC personnel'' after 
        ``personnel''.
          Page 29, line 20, insert ``, or future use of the 
        for- hire vehicle company service by any passenger or 
        FVC driver,'' after ``driver''.
          Page 30, line 7, insert ``or for-hire vehicle 
        company'' after ``company''.
          Page 30, line 11, insert ``or for-hire vehicle 
        company'' after ``company''.
          Page 30, line 14, strike ``and''.
          Page 30, line 15, insert ``, FVC drivers, and FVC 
        personnel'' after ``personnel''.
          Page 30, line 16, insert ``or the for-hire vehicle 
        company's formal policy'' after ``policy''.
          Page 31, line 1, insert ``or the for-hire vehicle 
        company'' after ``company''.
          Page 31, line 7, insert ``or, as appropriate, a State 
        or local entity that provides authorized transportation 
        service'' after ``entity''.
          Page 31, line 10, insert ``or State or local entity 
        that provides authorized transportation service'' after 
        ``entity''.
          Page 31, line 18, insert ``or State or local entity 
        that provides authorized transportation service'' after 
        ``entity''.
          Page 32, line 9, insert ``or State or local entity 
        that provides authorized transportation service'' after 
        ``entity''.
          Page 31, line 14, insert ``or for-hire vehicle 
        company'' after ``TNC''.
          Page 31, line 15, insert ``or a FVC driver'' after 
        ``driver''.
          Page 35, after line 1, insert the following: (H) A 
        for-hire vehicle company.
          Page 36, line 17, insert ``or in the case of a for-
        hire vehicle company, FVC driver of the covered entity, 
        against another passenger or member of personnel or FVC 
        driver of the covered entity'' after ``entity''.
          Add at the end the following: a new paragraph 
        entitled ``(7) FOR-HIRE VEHICLE COMPANY.''

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against.
    No record votes were requested during consideration of H.R. 
5139.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
402 of the Congressional Budget Act of 1974, the Committee has 
received the enclosed cost estimate for H.R. 5139, as amended.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 25, 2020.
Hon. Peter A. DeFazio,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5139, the Stop 
Sexual Assault and Harassment in Transportation Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

              [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    The bill would:
           Require transportation carriers to create 
        policies for reporting on and combating sexual assault 
        and sexual harassment that occurs on the vehicles they 
        operate
           Require the Department of Transportation to 
        collect and maintain information, and make it available 
        to the public, on the number of sexual assaults and 
        harassment incidents that occur on vehicles operated by 
        transportation carriers
           Establish new and increase existing civil 
        fines for physically or sexually assaulting or 
        threatening to assault an employee working for a 
        service that transports passengers
    Estimated budgetary effects would primarily stem from:
           The cost to collect, analyze, and publish 
        data on sexual assault and harassment incidents that 
        occur on vehicles operated by transportation carriers
    Bill summary: H.R. 5139 would require transportation 
carriers to create policies for reporting and combating sexual 
assault and sexual harassment that occurs on vehicles they 
operate, including procedures for reporting incidents, 
procedures for employees after such reports are filed, training 
for personnel who may receive such reports, and procedures for 
prohibiting future travel by passengers who cause such an 
incident. Covered carriers would include air carriers, certain 
motor carriers, commuter and intercity rail entities, transit 
entities, passenger vessels, transportation network companies, 
and for-hire vehicle companies.
    The bill would require the Department of Transportation 
(DOT) to collect, maintain, and make information available to 
the public on the number of sexual assaults and harassment 
incidents that occur on vehicles operated by transportation 
carriers and the number of such incidents that are reported to 
law enforcement. The data published would exclude any 
personally identifiable information.
    H.R. 5139 also would establish new and increase existing 
civil fines for physically or sexually assaulting or 
threatening to assault an employee working for a service that 
transports passengers.
    Estimated Federal cost: The estimated budgetary effect of 
H.R. 5139 is shown in Table 1. The costs of the legislation 
fall within budget function 400 (transportation).

               TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 5139
----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, millions of dollars--
                                                      ----------------------------------------------------------
                                                                                                         2020-
                                                        2020    2021    2022    2023    2024    2025      2025
----------------------------------------------------------------------------------------------------------------
Estimated Authorization..............................       *       7       7       7       8       8        37
Estimated Outlays....................................       *       6       7       7       7       8        35
----------------------------------------------------------------------------------------------------------------
Enacting the bill also would increase revenues by less than $500,000 over the 2020-2030 period; * = between zero
  and $500,000.

    Basis of estimate: CBO assumes that the bill will be 
enacted near the end of fiscal year 2020.
    Spending Subject to Appropriation: Under the bill, DOT 
would be required to collect and publish data on sexual 
assaults that occur on transportation carriers. Under current 
law the Department of Justice (DOJ) collects some information 
on sexual assault and harassment incidents on modes of 
transportation through the Bureau of Justice Statistics' 
National Crime Victimization Survey and through the Federal 
Bureau of Investigation's National Incident-Based Reporting 
System. CBO expects that DOT would collect relevant information 
from DOJ and supplement it with information collected directly 
from transportation carriers to collect and report on relevant 
crimes.
    Using information from DOJ on the amount of funding 
provided to the Bureau of Justice Statistics to collect and 
publish crime data, the share of that work that is related to 
sexual assaults, and accounting for anticipated inflation, CBO 
estimates that implementing H.R. 5139 would cost $35 million 
over the 2020-2025 period. Such spending would be subject to 
appropriation of the necessary amounts.
    Revenues: H.R. 5139 also would establish new civil fines 
and increase existing ones for physically or sexually 
assaulting or threatening to assault an employee working for a 
service that transports passengers. Civil fines are recorded in 
the budget as revenues. However, CBO estimates that any 
additional collections would not be significant in any year and 
over the 2020-2030 period because of the relatively small 
number of cases likely to be affected.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. CBO estimates that enacting H.R. 5139 would increase 
revenues by less than $500,000 over the 2020-2030 period.
    Increase in long-term deficits: None.
    Mandates: H.R. 5139 would impose intergovernmental and 
private-sector mandates on transportation providers operating 
in the United States. CBO estimates that the aggregate cost of 
the mandates would fall well below the annual thresholds 
established in the Unfunded Mandates Reform Act (UMRA) for 
intergovernmental and private-sector mandates ($84 million and 
$168 million in 2020, respectively, adjusted annually for 
inflation).
    The bill would require transportation providers, both 
public and private, to develop and implement a sexual assault 
and harassment policy that includes, among other things, 
procedures and systems for reporting incidents and potential 
cases of human trafficking, prohibiting future travel from 
individuals who violate the carrier's policy, and training for 
employees who receive incident reports. CBO estimates the 
requirement would affect fewer than 20,000 operators.
    Many of the entities within the scope of the bill, 
including airlines, commuter and intercity transportation 
providers, public transit operators, vessel operators, and 
ride-share companies, have developed relevant policies and 
training procedures and installed reporting technology. In 
those cases, existing policies and practices could be modified 
to meet the bill's requirements; therefore, CBO estimates the 
incremental compliance cost for those operators would be small.
    Most of the remaining operators affected by the bill are 
for-hire transportation firms that CBO expects would need to 
develop a sexual assault and harassment policy, an online 
platform for reporting violations, and training for employees 
who receive those reports. CBO assumes those operators will use 
the most economical means to do so, in some cases using free 
materials. Therefore, the amount operators would spend to 
develop those policies and maintain a website, CBO estimates, 
also would be small.
    H.R. 5139 would revise current requirements that vessel 
operators operate video surveillance equipment in each 
passenger common area where privacy is not expected. Operators 
would be required to retain all video recordings for at least 
90 days and at least five years if an assault is alleged and 
reported to law enforcement. Vessel operators also would be 
required to post signs notifying passengers of the use of that 
equipment.
    In documentation accompanying a rule proposed in 2015, the 
Coast Guard noted that cruise ship operators maintain 
surveillance and record retention systems that are similar to 
the requirements in H.R. 5139. Therefore, CBO expects that the 
bill would codify many existing practices at little or no cost. 
The proposed rule did not require signs and would set a shorter 
retention time for video records, which would impose mandates 
on about 150 cruise ships. CBO estimates the incremental cost 
to comply with those requirements would be very small.
    Estimate prepared by: Federal costs: Robert Reese; 
Mandates: Brandon Lever.
    Estimate reviewed by: Kim P. Cawley, Chief, Natural and 
Physical Resources Cost Estimates Unit; Susan Willie, Chief, 
Public and Private Mandates Unit; H. Samuel Papenfuss, Deputy 
Director of Budget Analysis; Theresa Gullo, Director of Budget 
Analysis.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goal and objective of this legislation is to 
provide is to protect transportation personnel and passengers 
from sexual assault and harassment.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 5139, as amended, establishes or reauthorizes a program 
of the federal government known to be duplicative of another 
federal program, a program that was included in any report from 
the Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with clause 9 of rule XXI of the Rules of the 
House of Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee finds that H.R. 5139, as amended, 
does not preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

             Section-by-Section Analysis of the Legislation


Sec. 1. Short title

    This section provides that this bill 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

    This section requires that air carriers and foreign air 
carriers transporting passengers for compensation issue a 
formal policy with respect to transportation sexual assault or 
harassment. The policy must include a statement indicating that 
sexual assault and harassment are not acceptable under any 
circumstances, procedures facilitating the reporting of and 
response to such incidents, procedures that may limit or 
prohibit future travel for those responsible for causing such 
incidents, and certain training requirements for all 
appropriate personnel with respect to the policy, including 
recognizing and responding to potential human trafficking 
victims.
    This section further provides that these entities are also 
required to display, on their website and through appropriate 
signage, a written statement advising passengers of the 
adoption of, and major components contained in, the formal 
policy with respect to transportation sexual assault and 
harassment, as well as the procedure for reporting such 
incidents.
    Finally, this section defines transportation sexual assault 
or harassment incidents covered under the section as the 
occurrence, or reasonably suspected occurrence, of an act that 
constitutes sexual assault or harassment and is committed by a 
passenger or personnel of the entity against another passenger 
or personnel within an aircraft or in an area in which 
passengers are entering or exiting an aircraft.

Sec. 3. Formal sexual assault and harassment policies for certain motor 
        carriers

    This section requires that certain motor carriers issue a 
formal policy with respect to transportation sexual assault or 
harassment. The policy must include a statement indicating that 
sexual assault and harassment are not acceptable under any 
circumstances, procedures that may limit future travel for 
those responsible for causing such incidents, and certain 
training requirements for all appropriate personnel with 
respect to the policy, including recognizing and responding to 
potential human trafficking victims.
    The section further provides that these entities are also 
required to display, on their website and through appropriate 
signage, a written statement advising passengers of the 
adoption of, and major components contained in, the formal 
policy with respect to transportation sexual assault and 
harassment, as well as the procedure for reporting sexual 
assault and harassment incidents.
    Finally, this section defines transportation sexual assault 
or harassment incidents covered under the section as the 
occurrence, or reasonably suspected occurrence, of an act that 
constitutes sexual assault or harassment and is committed by a 
passenger or personnel of the entity against another passenger 
or personnel within a vehicle 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

    This section requires that entities providing commuter rail 
passenger transportation and intercity rail passenger 
transportation, in consultation with labor unions representing 
personnel with respect to the entity, issue a formal policy 
with respect to transportation sexual assault or harassment. 
The policy must include a statement indicating that sexual 
assault and harassment are not acceptable under any 
circumstances, procedures facilitating the reporting of such 
incidents, procedures that personnel should follow upon the 
reporting of such incidents, procedures that may limit or 
prohibit future travel for passengers responsible for causing 
such incidents, and certain training requirements for all 
appropriate personnel with respect to the policy, including 
recognizing and responding to potential human trafficking 
victims.
    This section further provides that these entities are also 
required to display, on their website and through appropriate 
signage, a written statement advising passengers and personnel 
of the adoption of, and major components contained in, the 
formal policy with respect to transportation sexual assault and 
harassment as well as the procedure for reporting sexual 
assault and harassment incidents.
    Finally, this section defines transportation sexual assault 
or harassment incidents covered under the section as the 
occurrence, or reasonably suspected occurrence, of an act that 
constitutes sexual assault or harassment and is committed by a 
passenger or personnel of the entity against another passenger 
or personnel within a vehicle or in an area in which passengers 
are entering or exiting such a vehicle.

Sec. 5. Formal sexual assault and harassment policies on transit

    This section requires that certain transit entities issue a 
formal policy with respect to transportation sexual assault or 
harassment. The policy must include a statement indicating that 
sexual assault and harassment are not acceptable under any 
circumstances, procedures facilitating the reporting of and 
response to such incidents, procedures that may limit future 
travel for those responsible for causing such incidents, and 
certain training requirements for all appropriate personnel 
with respect to the policy, including recognizing and 
responding to potential human trafficking victims.
    This section further provides that these entities are also 
required to display, on their website and through appropriate 
signage, a written statement advising passengers of the 
adoption of, and major components contained in, the formal 
policy with respect to transportation sexual assault and 
harassment, as well as the procedure for reporting sexual 
assault and harassment incidents.
    Finally, this section defines transportation sexual assault 
or harassment incidents covered under the section as the 
occurrence, or reasonably suspected occurrence, of an act that 
constitutes sexual assault or harassment and is committed by a 
passenger or personnel of the entity against another passenger 
or personnel within a vehicle or in an area in which passengers 
are entering or exiting such a vehicle.

Sec. 6. Formal sexual assault and harassment policies for passenger 
        vessels

    This section requires that the owners of large passenger 
vessels (i.e., cruise ships) issue a formal policy with respect 
to transportation sexual assault or harassment. The policy must 
include a statement indicating that sexual assault and 
harassment are not acceptable under any circumstances, 
procedures facilitating the reporting of and response to such 
incidents, procedures that may limit or prohibit future travel 
for those responsible for causing such incidents, and certain 
training requirements for all appropriate personnel with 
respect to the policy, including recognizing and responding to 
potential human trafficking victims.
    This section further provides that these entities are also 
required to display, on their website and through appropriate 
signage, a written statement advising passengers of the 
adoption of, and major components contained in, the formal 
policy with respect to transportation sexual assault and 
harassment, as well as the procedure for reporting sexual 
assault and harassment incidents.
    This section also defines transportation sexual assault or 
harassment incidents covered under the section as the 
occurrence, or reasonably suspected occurrence, of an act that 
constitutes sexual assault or harassment and is committed by a 
passenger or personnel of the entity against another passenger 
or personnel within a vessel or in an area in which passengers 
are entering or exiting such a vessel.
    Finally, this section requires these owners to enhance 
video surveillance on passenger vessels in areas where a person 
has no reasonable expectation of privacy, with notice to the 
public of the presence of video surveillance equipment, and 
provide records of video surveillance to a requesting 
individual who is a subject of the video surveillance and that 
may provide evidence in civil litigation. This section also 
establishes new standards for the retention of video 
surveillance.

Sec. 7. Civil penalties for interference with certain transportation 
        personnel

    This section sets a maximum civil penalty of $35,000 for 
any individual who physically or sexually assaults, or 
threatens to assault, an employee engaged in the transportation 
of passengers on behalf of an entity covered in the bill. The 
penalty also applies to any individual who poses an imminent 
threat to the safety of a vehicle of a covered entity. The 
penalty shall increase to $40,000 after five years and $45,000 
after ten years.

Sec. 8. Formal sexual assault and harassment policies for 
        transportation network companies and for-hire vehicle companies

    This section requires that transportation network companies 
and for-hire vehicle companies issue a formal policy with 
respect to transportation sexual assault or harassment. The 
policy must include a statement indicating that sexual assault 
and harassment are not acceptable under any circumstances, 
procedures facilitating the reporting of and response to such 
incidents, procedures that may limit or prohibit future travel 
for those responsible for causing such incidents, and certain 
training requirements for all appropriate personnel with 
respect to the policy, including recognizing and responding to 
potential human trafficking victims.
    This section further provides that these entities are also 
required to display, on their website and through appropriate 
signage, a written statement advising passengers of the 
adoption of, and major components contained in, the formal 
policy with respect to transportation sexual assault and 
harassment, as well as the procedure for reporting sexual 
assault and harassment incidents.

Sec. 9. Data collection

    This section directs the Secretary of Transportation to 
establish a data collection program to annually collect and 
maintain data from each entity covered in the bill on the 
number of transportation sexual assault or harassment incidents 
reported to the entity and reported to law enforcement by 
personnel of the entity. This data shall be made available 
through the Department of Transportation's primary internet 
website and presented in a manner that protects the privacy of 
those involved in such incidents.

Sec. 10. Criminal reporting process

    This section directs the Attorney General, in coordination 
with the Secretary of Transportation, to expand an existing 
streamlined reporting process for use by individuals involved 
in transportation sexual assault or harassment incidents. The 
process will permit such individuals to report allegations to 
law enforcement in a confidential manner and separate from the 
one offered by the transportation provider. This process 
currently applies only with respect to individuals involved in 
alleged sexual misconduct onboard aircraft.

Sec. 11. Inspector General report to Congress

    This section directs the Inspector General of the 
Department of Transportation to issue a report every two years 
assessing compliance with the provisions of this Act. This 
assessment must include the accuracy of the reporting of 
transportation sexual assault or harassment incidents by 
covered entities, among other things.

Sec. 12. Definition of sexual harassment

    This section states that the Department of Transportation, 
in consultation with labor unions representing transportation 
workers employed by covered entities and national organizations 
that provide services to sexual assault victims, shall develop 
a definition for sexual harassment for purposes of this Act.

Sec. 13. Definitions

    This section defines the terms used in this Act including 
``covered entity''; ``For-Hire Vehicle Company''; ``FVC 
Driver''; ``FVC Personnel''; ``Sexual Assault''; ``TNC 
driver''; ``TNC personnel''; ``Transportation Network 
Company''; and ``Transportation Sexual Assault or Harassment 
Incident''.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 49, UNITED STATES CODE




           *       *       *       *       *       *       *
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS

           *       *       *       *       *       *       *


                   CHAPTER 53--PUBLIC TRANSPORTATION


     * * * * * * *
5341. Formal sexual assault and harassment policies.

           *       *       *       *       *       *       *


Sec. 5341. Formal sexual assault and harassment policies

  (a) Requirement.--Not later than 180 days after the date of 
enactment of this section, each recipient of Federal funds 
under this chapter operating vehicles shall issue, in 
consultation with labor unions representing personnel with 
respect to the recipient, 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 recipient 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 recipient 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 
        recipient 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 recipient 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 recipient entity 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 recipient of Federal funds 
        under this chapter.
          (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 recipient entity against 
                        another passenger or member of 
                        personnel of the recipient entity; and
                          (ii) within a vehicle of the 
                        recipient entity or in an area in which 
                        passengers are entering or exiting such 
                        a vehicle.

           *       *       *       *       *       *       *


SUBTITLE V--RAIL PROGRAMS

           *       *       *       *       *       *       *


PART C--PASSENGER TRANSPORTATION

           *       *       *       *       *       *       *


CHAPTER 241--GENERAL

           *       *       *       *       *       *       *


24104. Formal sexual assault and harassment policies.


           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


SUBTITLE VII--AVIATION PROGRAMS

           *       *       *       *       *       *       *


PART A--AIR COMMERCE AND SAFETY

           *       *       *       *       *       *       *


SUBPART II--ECONOMIC REGULATION

           *       *       *       *       *       *       *


                  CHAPTER 417--OPERATIONS OF CARRIERS

                       SUBCHAPTER I--REQUIREMENTS

     * * * * * * *
41727. Formal sexual assault and harassment policies.
     * * * * * * *

SUBCHAPTER I--REQUIREMENTS

           *       *       *       *       *       *       *


Sec. 41727. Formal sexual assault and harassment policies

  (a) Requirement.--Not later than 180 days after the date of 
enactment of this section, each air carrier and foreign air 
carrier transporting passengers for compensation shall issue, 
in consultation with labor unions representing personnel of the 
air carrier or foreign air carrier, a formal policy with 
respect to transportation sexual assault or harassment 
incidents.
  (b) Contents.--The policy required under subsection (a) shall 
include--
          (1) a statement indicating that no transportation 
        sexual assault or harassment incident is acceptable 
        under any circumstance;
          (2) procedures that facilitate the reporting of a 
        transportation sexual assault or harassment incident, 
        including--
                  (A) appropriate public outreach activities; 
                and
                  (B) confidential phone and internet-based 
                opportunities for reporting;
          (3) procedures that personnel should follow upon the 
        reporting of a transportation sexual assault or 
        harassment incident, including actions to protect 
        affected individuals from continued sexual assault or 
        harassment and to notify law enforcement when 
        appropriate;
          (4) procedures that may limit or prohibit, to the 
        extent practicable, future travel with the air carrier 
        or foreign air carrier by any passenger who causes a 
        transportation sexual assault or harassment incident; 
        and
          (5) training that is required for all appropriate 
        personnel with respect to the policy required under 
        subsection (a), including--
                  (A) specific training for personnel who may 
                receive reports of transportation sexual 
                assault or harassment incidents; and
                  (B) recognizing and responding to potential 
                human trafficking victims, in the same manner 
                as required under section 44734(a)(4).
  (c) Passenger Information.--An air carrier or foreign air 
carrier described in subsection (a) shall prominently display, 
on the internet website of the air carrier or foreign air 
carrier and through the use of appropriate signage, a written 
statement that--
          (1) advises passengers and personnel that the carrier 
        has adopted a formal policy with respect to 
        transportation sexual assault or harassment incidents;
          (2) informs passengers and personnel of the other 
        major components of the carrier's formal policy, 
        including a statement indicating that no transportation 
        sexual assault or harassment incident is acceptable 
        under any circumstance; and
          (3) informs passengers and personnel of the procedure 
        for reporting a transportation sexual assault or 
        harassment incident.
  (d) Standard of Care.--Compliance with the requirements of 
this section, and any policy issued thereunder, shall not 
determine whether the air carrier or foreign air carrier 
described in subsection (a) has acted with any requisite 
standard of care.
  (e) Definitions.--In this section:
          (1) Personnel.--The term ``personnel'' means an 
        employee or contractor of an air carrier or foreign air 
        carrier.
          (2) Sexual assault.--The term ``sexual assault'' 
        means the occurrence of an act that constitutes any 
        nonconsensual sexual act proscribed by Federal, tribal, 
        or State law, including when the victim lacks capacity 
        to consent.
          (3) Transportation sexual assault or harassment 
        incident.--The term ``transportation sexual assault or 
        harassment incident'' means the occurrence, or 
        reasonably suspected occurrence, of an act that--
                  (A) constitutes sexual assault or sexual 
                harassment; and
                  (B) is committed--
                          (i) by a passenger or member of 
                        personnel of an air carrier or foreign 
                        air carrier against another passenger 
                        or member of personnel of an air 
                        carrier or foreign air carrier; and
                          (ii) within an aircraft or in an area 
                        in which passengers are entering or 
                        exiting an aircraft.

           *       *       *       *       *       *       *


SUBPART IV--ENFORCEMENT AND PENALTIES

           *       *       *       *       *       *       *


CHAPTER 463--PENALTIES

           *       *       *       *       *       *       *


Sec. 46318. Interference with cabin or flight crew

  (a) General Rule.--An individual who physically or sexually 
assaults or threatens to physically or sexually assault a 
member of the flight crew or cabin crew of a civil aircraft or 
any other individual on the aircraft, or takes any action that 
poses an imminent threat to the safety of the aircraft or other 
individuals on the aircraft is liable to the United States 
Government for a civil [penalty of not more than $35,000.] 
penalty of--
          (1) for calendar years 2019 through 2024, not more 
        than $35,000; 
          (2) for calendar years 2025 through 2029, not more 
        than $40,000; and 
          (3) for calendar year 2030 and thereafter, not more 
        than $45,000. 
  (b) Compromise and Setoff.--
          (1) Compromise.--The Secretary 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.

           *       *       *       *       *       *       *


SUBTITLE X--MISCELLANEOUS

           *       *       *       *       *       *       *


CHAPTER 805--MISCELLANEOUS

           *       *       *       *       *       *       *


80505. Interference with certain transportation personnel.

           *       *       *       *       *       *       *


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 2019 through 2024, not more 
        than $35,000;
          (2) for calendar years 2025 through 2029, not more 
        than $40,000; and
          (3) for calendar year 2030 and thereafter, not more 
        than $45,000.
  (b) Compromise and Setoff.--
          (1) Compromise.--The Secretary of Transportation may 
        compromise the amount of a civil penalty imposed under 
        this section.
          (2) Setoff.--The United States Government may deduct 
        the amount of a civil penalty imposed or compromised 
        under this section from amounts the Government owes the 
        person liable for the penalty.
  (c) Covered Entity Defined.--In this section, the term 
``covered entity'' means an entity that is 1 of the following:
          (1) A recipient of Federal funds under chapter 53 of 
        this title.
          (2) A motor carrier of passengers that--
                  (A) conducts regularly scheduled intercity 
                service; and
                  (B) is a Class I carrier (as that term is 
                used in section 369.3(a) of title 49, Code of 
                Federal Regulations).
          (3) An entity providing commuter rail passenger 
        transportation or intercity rail passenger 
        transportation (as those terms are defined in section 
        24102 of this title).
          (4) The owner of a vessel for which section 3507 of 
        title 46 applies.
          (5) A transportation network company.
                              ----------                              


                      TITLE 46, UNITED STATES CODE



           *       *       *       *       *       *       *
SUBTITLE II--VESSELS AND SEAMEN

           *       *       *       *       *       *       *


PART B--INSPECTION AND REGULATION OF VESSELS

           *       *       *       *       *       *       *


CHAPTER 35--CARRIAGE OF PASSENGERS

           *       *       *       *       *       *       *


Sec. 3507. Passenger vessel security and safety requirements

  (a) Vessel Design, Equipment, Construction, and Retrofitting 
Requirements.--
          (1) In general.--Each vessel to which this subsection 
        applies shall comply with the following design and 
        construction standards:
                  (A) The vessel shall be equipped with ship 
                rails that are located not less than 42 inches 
                above the cabin deck.
                  (B) Each passenger stateroom and crew cabin 
                shall be equipped with entry doors that include 
                peep holes or other means of visual 
                identification.
                  (C) For any vessel the keel of which is laid 
                after the date of enactment of the Cruise 
                Vessel Security and Safety Act of 2010, each 
                passenger stateroom and crew cabin shall be 
                equipped with--
                          (i) security latches; and
                          (ii) time-sensitive key technology.
                  (D) The vessel shall integrate technology 
                that can be used for capturing images of 
                passengers or detecting passengers who have 
                fallen overboard, to the extent that such 
                technology is available.
                  (E) The vessel shall be equipped with a 
                sufficient number of operable acoustic hailing 
                or other such warning devices to provide 
                communication capability around the entire 
                vessel when operating in high risk areas (as 
                defined by the United States Coast Guard).
          (2) Fire safety codes.--In administering the 
        requirements of paragraph (1)(C), the Secretary shall 
        take into consideration fire safety and other 
        applicable emergency requirements established by the 
        U.S. Coast Guard and under international law, as 
        appropriate.
  (b) Video Recording.--
          (1) Requirement to maintain surveillance.--[The 
        owner]
                  (A) In general._The owner  of a vessel to 
                which this section applies shall maintain a 
                video surveillance system to assist in 
                documenting crimes on the vessel and in 
                providing evidence for the prosecution of such 
                crimes[, as determined by the Secretary].
                  (B) Placement of video surveillance 
                equipment.--With regard to the placement of 
                video surveillance equipment on a vessel under 
                subparagraph (A), the owner shall--
                          (i) place video surveillance 
                        equipment in each passenger common area 
                        where a person has no reasonable 
                        expectation of privacy;
                          (ii) place video surveillance 
                        equipment in other areas where a person 
                        has no reasonable expectation of 
                        privacy; and
                          (iii) place video surveillance 
                        equipment in each area identified under 
                        clause (i) or (ii) in a manner that 
                        provides optimum surveillance of that 
                        area.
          (2) Notice of video surveillance.--The owner of a 
        vessel to which this section applies shall provide 
        clear and conspicuous signs on board the vessel 
        notifying the public of the presence of video 
        surveillance equipment.
          [(2)] (3) Access to video records.--[The owner]
                  (A) Law enforcement._The owner  of a vessel 
                to which this section applies shall provide to 
                any law enforcement official performing 
                official duties in the course and scope of an 
                investigation, upon request, a copy of all 
                records of video surveillance that the official 
                believes may provide evidence of a crime 
                reported to law enforcement officials.
                  (B) Civil actions.--The owner of a vessel to 
                which this section applies shall provide to any 
                individual or the individual's legal 
                representative, upon written request, a copy of 
                all records of video surveillance--
                          (i) in which the individual is a 
                        subject of the video surveillance; and
                          (ii) that may provide evidence in a 
                        civil action.
                  (C) Limited access.--The owner of a vessel to 
                which this section applies shall ensure that 
                access to records of video surveillance is 
                limited to the purposes described in this 
                paragraph.
          (4) Retention requirements.--
                  (A) In general.--The owner of a vessel to 
                which this section applies shall retain all 
                records of video surveillance for a voyage for 
                not less than 90 days after the completion of 
                the voyage. If an incident described in 
                subsection (g)(3)(A)(i) is alleged and reported 
                to law enforcement, all records of video 
                surveillance from the voyage that the Federal 
                Bureau of Investigation determines are relevant 
                shall--
                          (i) be provided to the Federal Bureau 
                        of Investigation; and
                          (ii) be preserved by the vessel owner 
                        for not less than 5 years from the date 
                        of the alleged incident.
                  (B) Interim standards.--Not later than 180 
                days after the date of enactment of the Stop 
                Sexual Assault and Harassment in Transportation 
                Act, the Commandant, in consultation with the 
                Federal Bureau of Investigation, shall 
                promulgate interim standards for the retention 
                of records of video surveillance.
                  (C) Final standards.--Not later than 1 year 
                after the date of enactment of the Stop Sexual 
                Assault and Harassment in Transportation Act, 
                the Commandant, in consultation with the 
                Federal Bureau of Investigation, shall 
                promulgate final standards for the retention of 
                records of video surveillance.
                  (D) Considerations.--In promulgating 
                standards under subparagraphs (B) and (C), the 
                Commandant shall--
                          (i) consider factors that would aid 
                        in the investigation of serious crimes, 
                        including crimes that go unreported 
                        until after the completion of a voyage;
                          (ii) consider the different types of 
                        video surveillance systems and storage 
                        requirements in creating standards both 
                        for vessels currently in operation and 
                        for vessels newly built;
                          (iii) consider privacy, including 
                        standards for permissible access to and 
                        monitoring and use of the records of 
                        video surveillance; and
                          (iv) consider technological 
                        advancements, including requirements to 
                        update technology.
  (c) Safety Information.--
          (1) Criminal Activity Prevention and Response 
        Guide.--The owner of a vessel to which this section 
        applies (or the owner's designee) shall--
                  (A) have available for each passenger a guide 
                (referred to in this subsection as the 
                ``security guide''), written in commonly 
                understood English, which--
                          (i) provides a description of medical 
                        and security personnel designated on 
                        board to prevent and respond to 
                        criminal and medical situations with 24 
                        hour contact instructions;
                          (ii) describes the jurisdictional 
                        authority applicable, and the law 
                        enforcement processes available, with 
                        respect to the reporting of homicide, 
                        suspicious death, a missing United 
                        States national, kidnapping, assault 
                        with serious bodily injury, any offense 
                        to which section 2241, 2242, 2243, or 
                        2244(a) or (c) of title 18 applies, 
                        firing or tampering with the vessel, or 
                        theft of money or property in excess of 
                        $10,000, together with contact 
                        information for the appropriate law 
                        enforcement authorities for missing 
                        persons or reportable crimes which 
                        arise--
                                  (I) in the territorial waters 
                                of the United States;
                                  (II) on the high seas; or
                                  (III) in any country to be 
                                visited on the voyage;
                  (B) provide a copy of the security guide to 
                the Federal Bureau of Investigation for 
                comment; and
                  (C) publicize the security guide on the 
                website of the vessel owner.
          (2) Embassy and consulate locations.--The owner of a 
        vessel to which this section applies shall provide in 
        each passenger stateroom, and post in a location 
        readily accessible to all crew and in other places 
        specified by the Secretary, information regarding the 
        locations of the United States embassy and each 
        consulate of the United States for each country the 
        vessel will visit during the course of the voyage.
  (d) Sexual Assault.--The owner of a vessel to which this 
section applies shall--
          (1) maintain on the vessel adequate, in-date supplies 
        of anti-retroviral medications and other medications 
        designed to prevent sexually transmitted diseases after 
        a sexual assault;
          (2) maintain on the vessel equipment and materials 
        for performing a medical examination in sexual assault 
        cases to evaluate the patient for trauma, provide 
        medical care, and preserve relevant medical evidence;
          (3) make available on the vessel at all times medical 
        staff who have undergone a credentialing process to 
        verify that he or she--
                  (A) possesses a current physician's or 
                registered nurse's license and--
                          (i) has at least 3 years of post-
                        graduate or post-registration clinical 
                        practice in general and emergency 
                        medicine; or
                          (ii) holds board certification in 
                        emergency medicine, family practice 
                        medicine, or internal medicine;
                  (B) is able to provide assistance in the 
                event of an alleged sexual assault, has 
                received training in conducting forensic sexual 
                assault examination, and is able to promptly 
                perform such an examination upon request and 
                provide proper medical treatment of a victim, 
                including administration of anti-retroviral 
                medications and other medications that may 
                prevent the transmission of human 
                immunodeficiency virus and other sexually 
                transmitted diseases; and
                  (C) meets guidelines established by the 
                American College of Emergency Physicians 
                relating to the treatment and care of victims 
                of sexual assault;
          (4) prepare, provide to the patient, and maintain 
        written documentation of the findings of such 
        examination that is signed by the patient; [and]
          (5) provide the patient free and immediate access 
        to--
                  (A) contact information for local law 
                enforcement, the Federal Bureau of 
                Investigation, the United States Coast Guard, 
                the nearest United States consulate or embassy, 
                and the National Sexual Assault Hotline program 
                or other third party victim advocacy hotline 
                service; and
                  (B) a private telephone line and Internet-
                accessible computer terminal by which the 
                individual may confidentially access law 
                enforcement officials, an attorney, and the 
                information and support services available 
                through the National Sexual Assault Hotline 
                program or other third party victim advocacy 
                hotline service[.];
          (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.
  (e) Confidentiality of Sexual Assault Examination and Support 
Information.--The master or other individual in charge of a 
vessel to which this section applies shall--
          (1) treat all information concerning an examination 
        under subsection (d) confidential, so that no medical 
        information may be released to the cruise line or other 
        owner of the vessel or any legal representative thereof 
        without the prior knowledge and approval in writing of 
        the patient, or, if the patient is unable to provide 
        written authorization, the patient's next-of-kin, 
        except that nothing in this paragraph prohibits the 
        release of--
                  (A) information, other than medical findings, 
                necessary for the owner or master of the vessel 
                to comply with the provisions of subsection (g) 
                or other applicable incident reporting laws;
                  (B) information to secure the safety of 
                passengers or crew on board the vessel; or
                  (C) any information to law enforcement 
                officials performing official duties in the 
                course and scope of an investigation; and
          (2) treat any information derived from, or obtained 
        in connection with, post-assault counseling or other 
        supportive services as confidential, so no such 
        information may be released to the cruise line or any 
        legal representative thereof without the prior 
        knowledge and approval in writing of the patient, or, 
        if the patient is unable to provide written 
        authorization, the patient's next-of-kin.
  (f) Crew Access to Passenger Staterooms.--The owner of a 
vessel to which this section applies shall--
          (1) establish and implement procedures and 
        restrictions concerning--
                  (A) which crewmembers have access to 
                passenger staterooms; and
                  (B) the periods during which they have that 
                access; and
          (2) ensure that the procedures and restrictions are 
        fully and properly implemented and periodically 
        reviewed.
  (g) Log Book and Reporting Requirements.--
          (1) In general.--The owner of a vessel to which this 
        section applies shall--
                  (A) record in a log book, either 
                electronically or otherwise, in a centralized 
                location readily accessible to law enforcement 
                personnel, a report on--
                          (i) all complaints of crimes 
                        described in paragraph (3)(A)(i),
                          (ii) all complaints of theft of 
                        property valued in excess of $1,000, 
                        and
                          (iii) all complaints of other crimes,
                committed on any voyage that embarks or 
                disembarks passengers in the United States; and
                  (B) make such log book available upon request 
                to any agent of the Federal Bureau of 
                Investigation, any member of the United States 
                Coast Guard, and any law enforcement officer 
                performing official duties in the course and 
                scope of an investigation.
          (2) Details required.--The information recorded under 
        paragraph (1) shall include, at a minimum--
                  (A) the vessel operator;
                  (B) the name of the cruise line;
                  (C) the flag under which the vessel was 
                operating at the time the reported incident 
                occurred;
                  (D) the age and gender of the victim and the 
                accused assailant;
                  (E) the nature of the alleged crime or 
                complaint, as applicable, including whether the 
                alleged perpetrator was a passenger or a 
                crewmember;
                  (F) the vessel's position at the time of the 
                incident, if known, or the position of the 
                vessel at the time of the initial report;
                  (G) the time, date, and method of the initial 
                report and the law enforcement authority to 
                which the initial report was made;
                  (H) the time and date the incident occurred, 
                if known;
                  (I) the total number of passengers and the 
                total number of crew members on the voyage; and
                  (J) the case number or other identifier 
                provided by the law enforcement authority to 
                which the initial report was made.
          (3) Requirement to report crimes and other 
        information.--
                  (A) In general.--The owner of a vessel to 
                which this section applies (or the owner's 
                designee)--
                          (i) shall contact the nearest Federal 
                        Bureau of Investigation Field Office or 
                        Legal Attache by telephone as soon as 
                        possible after the occurrence on board 
                        the vessel of an incident involving 
                        homicide, suspicious death, a missing 
                        United States national, kidnapping, 
                        assault with serious bodily injury, any 
                        offense to which section 2241, 2242, 
                        2243, or 2244(a) or (c) of title 18 
                        applies, any sexual assault or 
                        harassment incident (as that term is 
                        defined in subsection (l) of this 
                        section) that constitutes a violation 
                        of law, firing or tampering with the 
                        vessel, or theft of money or property 
                        in excess of $10,000 to report the 
                        incident;
                          (ii) shall furnish a written report 
                        of each incident specified in clause 
                        (i) to the Internet website maintained 
                        by the Secretary of Transportation 
                        under paragraph (4)(A);
                          (iii) may report any serious incident 
                        that does not meet the reporting 
                        requirements of clause (i) and that 
                        does not require immediate attention by 
                        the Federal Bureau of Investigation via 
                        the Internet website maintained by the 
                        Secretary of Transportation under 
                        paragraph (4)(A); and
                          (iv) may report any other criminal 
                        incident involving passengers or 
                        crewmembers, or both, to the proper 
                        State or local government law 
                        enforcement authority.
                  (B) Incidents to which subparagraph (a) 
                applies.--Subparagraph (A) applies to an 
                incident involving criminal activity if--
                          (i) the vessel, regardless of 
                        registry, is owned, in whole or in 
                        part, by a United States person, 
                        regardless of the nationality of the 
                        victim or perpetrator, and the incident 
                        occurs when the vessel is within the 
                        admiralty and maritime jurisdiction of 
                        the United States and outside the 
                        jurisdiction of any State;
                          (ii) the incident concerns an offense 
                        by or against a United States national 
                        committed outside the jurisdiction of 
                        any nation;
                          (iii) the incident occurs in the 
                        Territorial Sea of the United States, 
                        regardless of the nationality of the 
                        vessel, the victim, or the perpetrator; 
                        or
                          (iv) the incident concerns a victim 
                        or perpetrator who is a United States 
                        national on a vessel during a voyage 
                        that departed from or will arrive at a 
                        United States port.
          (4) Availability of incident data via internet.--
                  (A) Website.--
                          (i) In general.--The Secretary of 
                        Transportation shall maintain a 
                        statistical compilation of all 
                        incidents on board a cruise vessel 
                        specified in paragraph (3)(A)(i) on an 
                        Internet website that provides a 
                        numerical accounting of the missing 
                        persons and alleged crimes reported 
                        under that paragraph without regard to 
                        the investigative status of the 
                        incident.
                          (ii) Updates and other 
                        requirements.--The compilation under 
                        clause (i) shall--
                                  (I) be updated not less 
                                frequently than quarterly;
                                  (II) be able to be sorted by 
                                cruise line;
                                  (III) identify each cruise 
                                line by name;
                                  (IV) identify each crime or 
                                alleged crime committed or 
                                allegedly committed by a 
                                passenger or crewmember;
                                  (V) identify the number of 
                                individuals alleged overboard; 
                                and
                                  (VI) include the approximate 
                                number of passengers and crew 
                                carried by each cruise line 
                                during each quarterly reporting 
                                period.
                          (iii) User-friendly format.--The 
                        Secretary of Transportation shall 
                        ensure that the compilation, data, and 
                        any other information provided on the 
                        Internet website maintained under this 
                        subparagraph are in a user-friendly 
                        format. The Secretary shall, to the 
                        greatest extent practicable, use 
                        existing commercial off the shelf 
                        technology to transfer and establish 
                        the website, and shall not 
                        independently develop software, or 
                        acquire new hardware in operating the 
                        site.
                  (B) Access to website.--Each cruise line 
                taking on or discharging passengers in the 
                United States shall include a link on its 
                Internet website to the website maintained by 
                the Secretary of Transportation under 
                subparagraph (A).
  (h) Enforcement.--
          (1) Penalties.--
                  (A) Civil penalty.--Any person that violates 
                this section or a regulation under this section 
                shall be liable for a civil penalty of not more 
                than $25,000 for each day during which the 
                violation continues, except that the maximum 
                penalty for a continuing violation is $50,000.
                  (B) Criminal penalty.--Any person that 
                willfully violates this section or a regulation 
                under this section shall be fined not more than 
                $250,000 or imprisoned not more than 1 year, or 
                both.
          (2) Denial of entry.--The Secretary may deny entry 
        into the United States to a vessel to which this 
        section applies if the owner of the vessel--
                  (A) commits an act or omission for which a 
                penalty may be imposed under this subsection; 
                or
                  (B) fails to pay a penalty imposed on the 
                owner under this subsection.
  (i) Procedures.--The Secretary shall maintain guidelines, 
training curricula, and inspection and certification procedures 
necessary to carry out the requirements of this section.
  (j) Regulations.--The Secretary and the Commandant shall each 
issue such regulations as are necessary to implement this 
section.
  (k) Application.--
          (1) In general.--This section and section 3508 apply 
        to a passenger vessel (as defined in section 2101(31)) 
        that--
                  (A) is authorized to carry at least 250 
                passengers;
                  (B) has onboard sleeping facilities for each 
                passenger;
                  (C) is on a voyage that embarks or disembarks 
                passengers in the United States; and
                  (D) is not engaged on a coastwise voyage.
          (2) Federal and state vessels.--This section and 
        section 3508 do not apply to a vessel of the United 
        States operated by the Federal Government or a vessel 
        owned and operated by a State.
  [(l) Definition.--In this section and section 3508, the term 
``owner'' means the owner, charterer, managing operator, 
master, or other individual in charge of a vessel.]
  (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.

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