[Congressional Record Volume 166, Number 171 (Thursday, October 1, 2020)]
[House]
[Pages H5183-H5188]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STOP SEXUAL ASSAULT AND HARASSMENT IN TRANSPORTATION ACT
Mr. DeFAZIO. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 5139) to protect transportation personnel and passengers
from sexual assault and harassment, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5139
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Sexual Assault and
Harassment in Transportation Act''.
SEC. 2. FORMAL SEXUAL ASSAULT AND HARASSMENT POLICIES ON AIR
CARRIERS AND FOREIGN AIR CARRIERS.
(a) In General.--Chapter 417 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 41727. Formal sexual assault and harassment policies
``(a) Requirement.--Not later than 180 days after the date
of enactment of this section, each air carrier and foreign
air carrier transporting passengers for compensation shall
issue, in consultation with labor unions representing
personnel of the air carrier or foreign air carrier, a formal
policy with respect to transportation sexual assault or
harassment incidents.
``(b) Contents.--The policy required under subsection (a)
shall include--
``(1) a statement indicating that no transportation sexual
assault or harassment incident is acceptable under any
circumstance;
``(2) procedures that facilitate the reporting of a
transportation sexual assault or harassment incident,
including--
``(A) appropriate public outreach activities; and
``(B) confidential phone and internet-based opportunities
for reporting;
``(3) procedures that personnel should follow upon the
reporting of a transportation sexual assault or harassment
incident, including actions to protect affected individuals
from continued sexual assault or harassment and to notify law
enforcement when appropriate;
``(4) procedures that may limit or prohibit, to the extent
practicable, future travel with the air carrier or foreign
air carrier by any passenger who causes a transportation
sexual assault or harassment incident; and
``(5) training that is required for all appropriate
personnel with respect to the policy required under
subsection (a), including--
``(A) specific training for personnel who may receive
reports of transportation sexual assault or harassment
incidents; and
``(B) recognizing and responding to potential human
trafficking victims, in the same manner as required under
section 44734(a)(4).
``(c) Passenger Information.--An air carrier or foreign air
carrier described in subsection (a) shall prominently
display, on the internet website of the air carrier or
foreign air carrier and through the use of appropriate
signage, a written statement that--
``(1) advises passengers and personnel that the carrier has
adopted a formal policy with respect to transportation sexual
assault or harassment incidents;
``(2) informs passengers and personnel of the other major
components of the carrier's formal policy, including a
statement indicating that no transportation sexual assault or
harassment incident is acceptable under any circumstance; and
``(3) informs passengers and personnel of the procedure for
reporting a transportation sexual assault or harassment
incident.
``(d) Standard of Care.--Compliance with the requirements
of this section, and any policy issued thereunder, shall not
determine whether the air carrier or foreign air carrier
described in subsection (a) has acted with any requisite
standard of care.
``(e) Definitions.--In this section:
``(1) Personnel.--The term `personnel' means an employee or
contractor of an air carrier or foreign air carrier.
``(2) Sexual assault.--The term `sexual assault' means the
occurrence of an act that constitutes any nonconsensual
sexual act proscribed by Federal, tribal, or State law,
including when the victim lacks capacity to consent.
``(3) Transportation sexual assault or harassment
incident.--The term `transportation sexual assault or
harassment incident' means the occurrence, or reasonably
suspected occurrence, of an act that--
``(A) constitutes sexual assault or sexual harassment; and
``(B) is committed--
``(i) by a passenger or member of personnel of an air
carrier or foreign air carrier against another passenger or
member of personnel of an air carrier or foreign air carrier;
and
``(ii) within an aircraft or in an area in which passengers
are entering or exiting an aircraft.''.
(b) Clerical Amendment.--The analysis for chapter 417 of
title 49, United States Code, is amended by adding at the end
the following:
``41727. Formal sexual assault and harassment policies.''.
SEC. 3. FORMAL SEXUAL ASSAULT AND HARASSMENT POLICIES FOR
CERTAIN MOTOR CARRIERS.
(a) Requirement.--Not later than 180 days after the date of
enactment of this Act, each covered motor carrier shall
issue, in consultation with labor unions representing
personnel of the covered motor carrier, a formal policy with
respect to transportation sexual assault or harassment
incidents.
(b) Contents.--The policy required under subsection (a)
shall include--
(1) a statement indicating that no transportation sexual
assault or harassment incident is acceptable under any
circumstance;
(2) procedures that facilitate the reporting of a
transportation sexual assault or harassment incident,
including--
(A) appropriate public outreach activities; and
(B) confidential phone and internet-based opportunities for
reporting;
(3) procedures that personnel should follow upon the
reporting of a transportation sexual assault or harassment
incident, including actions to protect affected individuals
from continued sexual assault or harassment and to notify law
enforcement when appropriate;
(4) procedures that may limit, to the extent practicable,
future travel with the covered motor carrier by any passenger
who causes a transportation sexual assault or harassment
incident; and
(5) training that is required for all appropriate personnel
with respect to the policy required under subsection (a),
including--
(A) specific training for personnel who may receive reports
of transportation sexual assault or harassment incidents; and
(B) recognizing and responding to potential human
trafficking victims.
(c) Passenger Information.--A covered motor carrier shall
prominently display, on the internet website of the covered
motor carrier and through the use of appropriate signage, a
written statement that--
(1) advises passengers that the covered motor carrier has
adopted a formal policy with respect to transportation sexual
assault or harassment incidents;
(2) informs passengers and personnel of the other major
components of the covered motor carrier's formal policy,
including a statement indicating that no transportation
sexual assault or harassment incident is acceptable under any
circumstance; and
(3) informs passengers of the procedure for reporting a
transportation sexual assault or harassment incident.
(d) Standard of Care.--Compliance with the requirements of
this section, and any policy issued thereunder, shall not
determine whether the covered motor carrier has acted with
any requisite standard of care.
[[Page H5184]]
(e) Definitions.--In this section:
(1) Personnel.--The term ``personnel'' means an employee or
contractor of a covered motor carrier.
(2) Covered motor carrier.--The term ``covered motor
carrier'' means a motor carrier of passengers that--
(A) conducts regularly scheduled intercity service; and
(B) is a Class I carrier (as that term is used in section
369.3(a) of title 49, Code of Federal Regulations).
(3) Sexual assault.--The term ``sexual assault'' means the
occurrence of an act that constitutes any nonconsensual
sexual act proscribed by Federal, tribal, or State law,
including when the victim lacks capacity to consent.
(4) Transportation sexual assault or harassment incident.--
The term ``transportation sexual assault or harassment
incident'' means the occurrence, or reasonably suspected
occurrence, of an act that--
(A) constitutes sexual assault or sexual harassment; and
(B) is committed--
(i) by a passenger or member of personnel of covered motor
carrier against another passenger or member of personnel of
the covered motor carrier; and
(ii) within a vehicle of the motor carrier or in an area in
which passengers are entering or exiting such a vehicle.
SEC. 4. FORMAL SEXUAL ASSAULT AND HARASSMENT POLICIES ON
PASSENGER COMMUTER AND INTERCITY RAIL.
(a) In General.--Chapter 241 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 24104. Formal sexual assault and harassment policies
``(a) Requirement.--Not later than 180 days after the date
of enactment of this section, each covered rail entity shall
issue, in consultation with labor unions representing
personnel with respect to the covered rail entity, a formal
policy with respect to transportation sexual assault or
harassment incidents.
``(b) Contents.--The policy required under subsection (a)
shall include--
``(1) a statement indicating that no transportation sexual
assault or harassment incident is acceptable under any
circumstance;
``(2) procedures that facilitate the reporting of a
transportation sexual assault or harassment incident,
including--
``(A) appropriate public outreach activities; and
``(B) confidential phone and internet-based opportunities
for reporting;
``(3) procedures that personnel should follow upon the
reporting of a transportation sexual assault or harassment
incident, including actions to protect affected individuals
from continued sexual assault or harassment and to notify law
enforcement when appropriate;
``(4) procedures that may limit or prohibit, to the extent
practicable, future travel with the covered rail entity by
any passenger who causes a transportation sexual assault or
harassment incident; and
``(5) training that is required for all appropriate
personnel with respect to the policy required under
subsection (a), including--
``(A) specific training for personnel who may receive
reports of transportation sexual assault or harassment
incidents; and
``(B) recognizing and responding to potential human
trafficking victims.
``(c) Passenger Information.--A covered rail entity shall
prominently display, on the internet website of the entity
and through the use of appropriate signage, a written
statement that--
``(1) advises passengers and personnel that the covered
rail entity has adopted a formal policy with respect to
transportation sexual assault or harassment incidents;
``(2) informs passengers and personnel of the other major
components of the covered rail entity's formal policy,
including a statement indicating that no transportation
sexual assault or harassment incident is acceptable under any
circumstance; and
``(3) informs passengers and personnel of the procedure for
reporting a transportation sexual assault or harassment
incident.
``(d) Standard of Care.--Compliance with the requirements
of this section, and any policy issued thereunder, shall not
determine whether the covered rail entity has acted with any
requisite standard of care.
``(e) Definitions.--In this section:
``(1) Covered rail entity.--The term `covered rail entity'
means an entity providing commuter rail passenger
transportation or intercity rail passenger transportation.
``(2) Personnel.--The term `personnel' means an employee or
contractor of a covered rail entity.
``(3) Sexual assault.--The term `sexual assault' means the
occurrence of an act that constitutes any nonconsensual
sexual act proscribed by Federal, tribal, or State law,
including when the victim lacks capacity to consent.
``(4) Transportation sexual assault or harassment
incident.--The term `transportation sexual assault or
harassment incident' means the occurrence, or reasonably
suspected occurrence, of an act that--
``(A) constitutes sexual assault or sexual harassment; and
``(B) is committed--
``(i) by a passenger or member of personnel of covered rail
entity against another passenger or member of personnel of
the covered rail entity; and
``(ii) within a vehicle of the covered rail entity or in an
area in which passengers are entering or exiting such a
vehicle.''.
(b) Clerical Amendment.--The analysis for chapter 241 of
title 49, United States Code, is amended by adding at the end
the following:
``24104. Formal sexual assault and harassment policies.''.
SEC. 5. FORMAL SEXUAL ASSAULT AND HARASSMENT POLICIES ON
TRANSIT.
(a) In General.--Chapter 53 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 5341. Formal sexual assault and harassment policies
``(a) Requirement.--Not later than 180 days after the date
of enactment of this section, each covered transit entity
shall issue, in consultation with labor unions representing
personnel with respect to the covered transit entity, a
formal policy with respect to transportation sexual assault
or harassment incidents.
``(b) Contents.--The policy required under subsection (a)
shall include--
``(1) a statement indicating that no transportation sexual
assault or harassment incident is acceptable under any
circumstance;
``(2) procedures that facilitate the reporting of a
transportation sexual assault or harassment incident,
including--
``(A) appropriate public outreach activities; and
``(B) confidential phone and internet-based opportunities
for reporting;
``(3) procedures that personnel should follow upon the
reporting of a transportation sexual assault or harassment
incident, including actions to protect affected individuals
from continued sexual assault or harassment and to notify law
enforcement when appropriate;
``(4) procedures that may limit, to the extent practicable,
future travel with the covered transit entity by any
passenger who causes a transportation sexual assault or
harassment incident; and
``(5) training that is required for all appropriate
personnel with respect to the policy required under
subsection (a), including--
``(A) specific training for personnel who may receive
reports of transportation sexual assault or harassment
incidents; and
``(B) recognizing and responding to potential human
trafficking victims.
``(c) Passenger Information.--A covered transit entity
shall prominently display, on the internet website of the
entity and through the use of appropriate signage, a written
statement that--
``(1) advises passengers and personnel that the covered
transit entity has adopted a formal policy with respect to
transportation sexual assault or harassment incidents;
``(2) informs passengers and personnel of the other major
components of the covered transit entity's formal policy,
including a statement indicating that no transportation
sexual assault or harassment incident is acceptable under any
circumstance; and
``(3) informs passengers and personnel of the procedure for
reporting a transportation sexual assault or harassment
incident.
``(d) Standard of Care.--Compliance with the requirements
of this section, and any policy issued thereunder, shall not
determine whether the covered transit entity has acted with
any requisite standard of care.
``(e) Definitions.--In this section:
``(1) Covered transit entity.--The term `covered transit
entity' means a State or local governmental entity, private
nonprofit organization, or Tribe that--
``(A) operates a public transportation service; and
``(B) is a recipient or subrecipient of funds under this
chapter.
``(2) Personnel.--The term `personnel' means an employee or
contractor of a covered transit entity.
``(3) Sexual assault.--The term `sexual assault' means the
occurrence of an act that constitutes any nonconsensual
sexual act proscribed by Federal, tribal, or State law,
including when the victim lacks capacity to consent.
``(4) Transportation sexual assault or harassment
incident.--The term `transportation sexual assault or
harassment incident' means the occurrence, or reasonably
suspected occurrence, of an act that--
``(A) constitutes sexual assault or sexual harassment; and
``(B) is committed--
``(i) by a passenger or member of personnel of covered
transit entity against another passenger or member of
personnel of the covered transit entity; and
``(ii) within a vehicle of the covered transit entity or in
an area in which passengers are entering or exiting such a
vehicle.''.
(b) Clerical Amendment.--The analysis for chapter 53 of
title 49, United States Code, is amended by adding at the end
the following:
``5341. Formal sexual assault and harassment policies.''.
SEC. 6. FORMAL SEXUAL ASSAULT AND HARASSMENT POLICIES FOR
PASSENGER VESSELS.
(a) In General.--Section 3507(d) of title 46, United States
Code, is amended--
(1) in paragraph (4), by striking ``and'' after the
semicolon at the end;
(2) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(6)(A) issue a formal policy with respect to sexual
assault or harassment incidents that includes--
[[Page H5185]]
``(i) a statement indicating that no sexual assault or
harassment incident is acceptable under any circumstance;
``(ii) procedures that facilitate the reporting of a sexual
assault or harassment incident, including--
``(I) appropriate public outreach activities; and
``(II) confidential phone and internet-based opportunities
for reporting;
``(iii) procedures that personnel should follow upon the
reporting of a sexual assault or harassment incident,
including actions to protect affected individuals from
continued sexual assault or harassment and how to provide the
information and access required under paragraph (5);
``(iv) procedures that may limit or prohibit, to the extent
practicable, future travel on the vessel by any passenger who
causes a transportation sexual assault or harassment
incident; and
``(v) training that is required for all appropriate
personnel with respect to the policy required under this
paragraph, including--
``(I) specific training for personnel who may receive
reports of sexual assault or harassment incidents; and
``(II) recognizing and responding to potential human
trafficking victims; and
``(B) prominently display on the internet website of the
vessel owner and, through the use of appropriate signage on
each vessel, a written statement that--
``(i) advises passengers and crew members that the vessel
owner has adopted a formal policy with respect to sexual
assault or harassment incidents;
``(ii) informs passengers and personnel of the other major
components of the vessel owner's formal policy, including a
statement indicating that no transportation sexual assault or
harassment incident is acceptable under any circumstance; and
``(iii) informs passengers and crew members of the
procedure for reporting a sexual assault or harassment
incident; and
``(7) have a formal policy in effect with respect to sexual
assault or harassment incidents.''.
(b) Reporting Requirement.--Section 3507(g)(3)(A)(i) of
title 46, United States Code, is amended by inserting ``any
sexual assault or harassment incident (as that term is
defined in subsection (l) of this section) that constitutes a
violation of law,'' after ``title 18 applies,''.
(c) Standard of Care.--Compliance with the requirements of
the amendments made by this section, and any policy issued
thereunder, shall not determine whether the applicable owner
of a vessel covered by such amendments has acted with any
requisite standard of care.
(d) Definitions.--Section 3507(l) of title 46, United
States Code, is amended to read as follows:
``(l) Definitions.--
``(1) Owner.--In this section and section 3508, the term
`owner' means the owner, charterer, managing operator,
master, or other individual in charge of a vessel.
``(2) Sexual assault.--The term `sexual assault' means the
occurrence of an act that constitutes any nonconsensual
sexual act proscribed by Federal, tribal, or State law,
including when the victim lacks capacity to consent.
``(3) Sexual assault or harassment incident.--The term
`sexual assault or harassment incident' means the occurrence,
or reasonably suspected occurrence, of an act that--
``(A) constitutes sexual assault or sexual harassment; and
``(B) is committed--
``(i) by a passenger of a vessel to which this section
applies or a member of the crew of such a vessel against
another passenger of such vessel or a member of the crew of
such a vessel; and
``(ii) within--
``(I) such a vessel; or
``(II) an area in which passengers are entering or exiting
such a vessel.''.
(e) Implementation.--Not later than 180 days after the date
of enactment of this Act, the owner of a vessel to which
section 3507 of title 46, United States Code, applies shall
issue the formal policy with respect to sexual assault or
harassment incidents required by the amendments made by this
section.
SEC. 7. CIVIL PENALTIES FOR INTERFERENCE WITH CERTAIN
TRANSPORTATION PERSONNEL.
(a) In General.--Chapter 805 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 80505. Interference with certain transportation
personnel
``(a) General Rule.--An individual who physically or
sexually assaults or threatens to physically or sexually
assault an employee engaged in the transportation of
passengers on behalf of a covered entity, or takes any action
that poses an imminent threat to the safety of a vehicle of a
covered entity that is transporting passengers, including
rolling stock, motorcoaches, and ferries, is liable to the
United States Government for a civil penalty of--
``(1) for calendar years 2020 through 2024, not more than
$35,000;
``(2) for calendar years 2025 through 2029, not more than
$40,000; and
``(3) for calendar year 2030 and thereafter, not more than
$45,000.
``(b) Compromise and Setoff.--
``(1) Compromise.--The Secretary of Transportation may
compromise the amount of a civil penalty imposed under this
section.
``(2) Setoff.--The United States Government may deduct the
amount of a civil penalty imposed or compromised under this
section from amounts the Government owes the person liable
for the penalty.
``(c) Covered Entity Defined.--In this section, the term
`covered entity' means an entity that is 1 of the following:
``(1) A recipient of Federal funds under chapter 53 of this
title.
``(2) A motor carrier of passengers that--
``(A) conducts regularly scheduled intercity service; and
``(B) is a Class I carrier (as that term is used in section
369.3(a) of title 49, Code of Federal Regulations).
``(3) An entity providing commuter rail passenger
transportation or intercity rail passenger transportation (as
those terms are defined in section 24102 of this title).
``(4) The owner of a vessel for which section 3507 of title
46 applies.
``(5) A transportation network company.''.
(b) Clerical Amendment.--The analysis for chapter 805 of
title 49, United States Code, is amended by inserting after
the item relating to section 80504 the following:
``80505. Interference with certain transportation personnel.''.
(c) Graduated Fines for Interference With Cabin or Flight
Crew.--Section 46318(a) of title 49, United States Code, is
amended by striking ``penalty of not more than $35,000.'' and
inserting the following: ``penalty of--
``(1) for calendar years 2020 through 2024, not more than
$35,000;
``(2) for calendar years 2025 through 2029, not more than
$40,000; and
``(3) for calendar year 2030 and thereafter, not more than
$45,000.''.
SEC. 8. FORMAL SEXUAL ASSAULT AND HARASSMENT POLICIES FOR
TRANSPORTATION NETWORK COMPANIES AND FOR-HIRE
VEHICLE COMPANIES.
(a) Requirement.--Not later than 180 days after the date of
enactment of this Act, each transportation network company
and for-hire vehicle company shall issue, in consultation
with labor unions representing TNC drivers of each such
transportation network company or FVC drivers of each for-
hire vehicle company, if applicable, a formal policy with
respect to transportation sexual assault or harassment
incidents.
(b) Contents.--The policy required under subsection (a)
shall include--
(1) a statement indicating that no transportation sexual
assault or harassment incident is acceptable under any
circumstance;
(2) procedures that facilitate the reporting of a
transportation sexual assault or harassment incident,
including--
(A) appropriate public outreach activities;
(B) confidential phone and internet-based opportunities for
reporting; and
(C) TNC personnel or FVC personnel trained to receive
reports;
(3) procedures that TNC personnel or FVC personnel should
follow upon the reporting of a transportation sexual assault
or harassment incident, including actions to protect affected
individuals from continued sexual assault or harassment and
to notify law enforcement when appropriate;
(4) procedures that may limit or prohibit, to the extent
practicable, future use of the transportation network company
platform by any passenger or TNC driver, or future use of the
for-hire vehicle company service by any passenger or FVC
driver, who causes a transportation sexual assault or
harassment incident; and
(5) training that is required for all appropriate personnel
with respect to the policy required under subsection (a),
including--
(A) specific training for such personnel who may receive
reports of transportation sexual assault or harassment
incidents; and
(B) recognizing and responding to potential human
trafficking victims.
(c) Passenger Information.--A transportation network
company or for-hire vehicle company shall prominently
display, on the internet website of the company and through
the use of appropriate signage, a written statement that--
(1) advises passengers that the transportation network
company or for-hire vehicle company has adopted a formal
policy with respect to transportation sexual assault or
harassment incidents;
(2) informs passengers, TNC drivers, TNC personnel, FVC
drivers, and FVC personnel of the other major components of
the transportation network company's formal policy or the
for-hire vehicle company's formal policy, including a
statement indicating that no transportation sexual assault or
harassment incident is acceptable under any circumstance; and
(3) informs passengers of the procedure for reporting a
transportation sexual assault or harassment incident.
(d) Standard of Care.--Compliance with the requirements of
this section, and any policy issued thereunder, shall not
determine whether the transportation network company or for-
hire vehicle company has acted with any requisite standard of
care.
SEC. 9. DATA COLLECTION.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
establish a program to annually collect and maintain data
from each covered entity, or, as appropriate, a State or
local entity that provides authorized transportation service,
on--
(1) the number of transportation sexual assault or
harassment incidents reported to
[[Page H5186]]
the covered entity or State or local entity that provides
authorized transportation service, including--
(A) the number of incidents committed against passengers;
and
(B) the number of incidents committed against personnel or,
in the case of a transportation network company or for-hire
vehicle company, a TNC driver or a FVC driver, respectively;
(2) the number of transportation sexual assault or
harassment incidents reported to law enforcement by personnel
of the covered entity or State or local entity that provides
authorized transportation services; and
(3) any transportation sexual assault or harassment
incidents compiled and maintained under section
3507(g)(4)(A)(i) of title 46, United States Code.
(b) Data Availability.--Subject to subsection (c), the
Secretary shall make available to the public on the primary
internet website of the Department of Transportation the data
collected and maintained under subsection (a).
(c) Data Protection.--Data made available under subsection
(b) shall be made available in a manner that--
(1) protects the privacy and confidentiality of individuals
involved in a transportation sexual assault or harassment
incident;
(2) precludes the connection of the data to any individual
covered entity or a State or local entity that provides
authorized transportation service; and
(3) is organized by mode of transportation.
(d) Paperwork Reduction.--Subchapter I of chapter 35 of
title 44, United States Code, does not apply to this Act.
SEC. 10. CRIMINAL REPORTING PROCESS.
The Attorney General, in coordination with the Secretary of
Transportation, shall expand the process required to be
established under section 339B of the FAA Reauthorization Act
of 2018 (Public Law 115-254) to provide for a streamlined
process for any individuals involved in alleged
transportation sexual assault or harassment incidents that
constitute a violation of law to report those allegations to
law enforcement in a manner that protects the privacy and
confidentiality of individuals involved in such allegations
and through the same primary internet websites as provided
under subsection (b) of such section, as determined
appropriate by the Attorney General.
SEC. 11. INSPECTOR GENERAL REPORT TO CONGRESS.
Not later than 18 months after the date of enactment of
this Act, and every 2 years thereafter, the inspector general
of the Department of Transportation shall assess compliance
with the provisions of this Act and the amendments made by
this Act, including the accuracy of the reporting of
transportation sexual assault or harassment incidents by
covered entities.
SEC. 12. DEFINITION OF SEXUAL HARASSMENT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall
develop, and publish in the Federal Register, a definition of
sexual harassment for purposes of the implementation of this
Act and the amendments made by this Act.
(b) Consultation.--In developing the definition under
subsection (a), the Secretary shall consult with, and
consider input from--
(1) labor unions representing transportation workers
employed by covered entities; and
(2) national organizations that specialize in providing
services to sexual assault victims.
SEC. 13. DEFINITIONS.
In this Act:
(1) Covered entity.--The term ``covered entity'' means an
entity that is one of the following:
(A) An air carrier (as that term is defined in section
40102 of title 49, United States Code) that transports
passengers for compensation.
(B) A foreign air carrier (as that term is defined in
section 40102 of title 49, United States Code) that
transports passengers for compensation.
(C) A State or local governmental entity, private nonprofit
organization, or Tribe that--
(i) operates a public transportation service; and
(ii) is a recipient or subrecipient of funds under chapter
53 of title 49, United States Code.
(D) A motor carrier of passengers that--
(i) conducts regularly scheduled intercity service; and
(ii) is a Class I carrier (as that term is used in section
369.3(a) of title 49, Code of Federal Regulations).
(E) An entity providing commuter rail passenger
transportation or intercity rail passenger transportation (as
those terms are defined in section 24102 of title 49, United
States Code).
(F) The owner of a vessel for which section 3507 of title
46, United States Code, applies.
(G) A transportation network company.
(H) A for-hire vehicle company.
(2) For-hire vehicle company.--The term ``for-hire vehicle
company'' means an entity that--
(A) provides passenger transportation in a motor vehicle in
exchange for compensation; and
(B) is authorized by a State or local government entity as
a taxicab service, limousine service, livery service, black
car service, sedan service, chauffeur service, or any other
similar category of for-hire transportation service.
(3) FVC driver.--The term ``FVC driver'' means an
individual who is employed, contracted by, or otherwise
affiliated with a for-hire vehicle company to provide
transportation services to the public.
(4) FVC personnel.--The term ``FVC personnel'' means an
employee or contractor of a covered for-hire vehicle company,
other than a FVC driver.
(5) Sexual assault.--The term ``sexual assault'' means the
occurrence of an act that constitutes any nonconsensual
sexual act proscribed by Federal, tribal, or State law,
including when the victim lacks capacity to consent.
(6) TNC driver.--The term ``TNC driver'' means an
individual who is employed, contracted by, or otherwise
affiliated with a transportation network company to provide
transportation services (also known as ride-sharing) to the
public.
(7) TNC personnel.--The term ``TNC personnel'' means an
employee or contractor of a covered transportation network
company, other than a TNC driver.
(8) Transportation network company.--The term
``transportation network company''--
(A) means a corporation, partnership, sole proprietorship,
or other entity, that uses a digital network to connect
riders to drivers affiliated with the entity in order for the
driver to transport the rider using a vehicle owned, leased,
or otherwise authorized for use by the driver to a point
chosen by the rider; and
(B) does not include a shared-expense carpool or vanpool
arrangement that is not intended to generate profit for the
driver.
(9) Transportation sexual assault or harassment incident.--
The term ``transportation sexual assault or harassment
incident'' means the occurrence, or reasonably suspected
occurrence, of an act that--
(A) constitutes sexual assault or sexual harassment; and
(B) is committed--
(i) by a passenger, personnel, TNC driver, or FVC driver of
a covered entity, against a passenger, personnel, TNC driver,
or FVC driver of the covered entity; and
(ii) within--
(I) a vehicle of the covered entity that is transporting
passengers, including aircraft, rolling stock, motorcoaches,
and ferries; or
(II) an area in which passengers are entering or exiting
such a vehicle.
SEC. 14. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Oregon (Mr. DeFazio) and the gentlewoman from West Virginia (Mrs.
Miller) each will control 20 minutes.
The Chair recognizes the gentleman from Oregon.
General Leave
Mr. DeFAZIO. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on H.R. 5139, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Oregon?
There was no objection.
Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 5139, the Stop Sexual Assault
and Harassment in Transportation Act, as amended.
The number one goal in transportation of people, whether it is across
town, across the ocean, in the air, on the ground, or on the sea, is
that there should be comprehensive policies in place for those
companies that are entrusted with their well-being. While it is
estimated that 90 percent of U.S. companies have a sexual harassment
policy on the books, one in five does not offer training to prevent
such incidents. This can leave passengers vulnerable and personnel
unequipped to adequately address incidents when they occur.
Some people may wonder whether this problem is as rampant as many may
suggest and ask if there is enough robust, organized data out there
that sheds light on this issue. Unfortunately, I have to say no. That
is exactly the problem.
There is no accumulated data. There is no Federal clearinghouse for
transportation-related sexual assault and harassment incidents.
The lack of centralized data leaves the traveling public in the dark
about the risk. But in reality, sexual assault and harassment
constitute a growing problem in transportation.
[[Page H5187]]
For example, FBI investigations of in-flight sexual assaults in
passenger airplanes rose from 38 in 2014 to 119 in 2019. Those are only
the ones that are reported. Many people don't report.
According to a 2018 national study, 17 percent of all respondents
experienced sexual harassment while using mass transportation. Since
2016, 260 sexual assaults aboard cruise ships have been reported to the
DOT. It is by far the most frequently reported crime on cruise ships.
In recent years, there may be no other industry that issue has
plagued more than transportation network companies such as Uber and
Lyft.
In September 2019, 14 women sued Lyft, citing the company's failure
to address a sexual predator crisis among its drivers. Uber identified
nearly 6,000 sexual assaults and attempted sexual assaults on its
platform in 2017 and 2018 alone.
Anecdotal evidence suggests that sexual assault is a big problem with
transportation network companies and traditional taxis alike, but TNCs
and taxi companies don't share the data that would provide a complete
picture of the problem.
In my own hometown--I live in Springfield, Oregon, but in our urban
area of Eugene-Springfield, we had one of the TNCs operating. All of
their drivers had been through their intensive background checks, which
are laughable, but then the Eugene police insisted that they go through
real background checks. They found 12 people totally disqualified by
the own standards of that company, Uber: one murderer, one rapist, and
10 serious felons. They were picking up women alone from bars at 1
o'clock in the morning, et cetera. The company didn't know it.
In fact, those companies have fought--we are the last State that
isn't bound by State law. They have been lobbying all the States to say
you can't keep track of this; you cannot require more vigorous
background checks. Unfortunately, 49 of the States have caved in to
them, under threat of losing their services. My State hasn't. And, you
know, this has to stop.
That is why the Committee on Transportation and Infrastructure passed
my bill, H.R. 5139, the Stop Sexual Assault and Harassment in
Transportation Act. This bill will:
One, require transportation providers to establish formal policies
addressing sexual assault and harassment;
Two, direct employees to receive specific training for not just how
to handle sexual assault or harassment incidents, but also how to
recognize and respond to potential human trafficking activities,
something that has been identified numerous times by flight attendants
who have alerted authorities and other workers in transportation; and,
Three, charge the DOT with establishing the first-ever Federal
clearinghouse for transportation-related sexual assault, harassment,
and child trafficking, to allow the traveling public to fully
understand the scope of the problem and spur further action.
We can no longer allow sexual violence and abuse to persist on our
roads, on our waters, or in our skies. We must be doing everything in
our power to ensure our transportation system is safe for those who
work in it and for everyone who uses it. This bill, which will allow us
to finally track, respond to, and ultimately prevent sexual assault and
harassment within all areas of our transportation system, brings us one
step closer to attaining that goal.
I want to acknowledge and express my appreciation for the supporters
of this bill. It has been endorsed by the American Association of
Justice, the Association of Flight Attendants, the Air Line Pilots
Association, the Association of Professional Flight Attendants, the
National Center on Sexual Exploitation, Rights4Girls, Survivors for
Solutions, and the Transportation Trades Department.
I urge my colleagues to support this legislation, and I reserve the
balance of my time.
House of Representatives,
Committee on the Judiciary,
Washington, DC, February 7, 2020.
Hon. Peter DeFazio,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Chairman Defazio: This is to advise you that the
Committee on the Judiciary has now had an opportunity to
review the provisions in H.R. 5139, the ``Stop Sexual Assault
and Harassment in Transportation Act,'' that fall within our
Rule X jurisdiction. I appreciate your consulting with us on
those provisions. The Judiciary Committee has no objection to
your including them in the bill for consideration on the
House floor, and to expedite that consideration is willing to
forgo action on H.R. 5139, with the understanding that we do
not thereby waive any future jurisdictional claim over those
provisions or their subject matters.
In the event a House-Senate conference on this or similar
legislation is convened, the Judiciary Committee reserves the
right to request an appropriate number of conferees to
address any concerns with these or similar provisions that
may arise in conference.
Please place this letter into the Congressional Record
during consideration of the measure on the House floor. Thank
you for the cooperative spirit in which you have worked
regarding this matter and others between our committees.
Sincerely,
Jerrold Nadler,
Chairman.
____
House of Representatives, Commitee on Transportation and
Infrastructure,
Washington, DC, February 7, 2020.
Hon. Jerrold Nadler,
Chairman, Committee on Judiciary,
House of Representatives, Washington, DC.
Dear Chairman Nadler: Thank you for your letter regarding
H.R. 5139, the Stop Sexual Assault and Harassment in
Transportation Act, which was ordered to be reported out of
the Committee on Transportation and Infrastructure on
November 20, 2019. I appreciate your willingness to work
cooperatively on this legislation.
I acknowledge that by foregoing formal consideration on
H.R. 5139, the Committee on Judiciary does not waive any
future jurisdictional claims to provisions in this or similar
legislation, and that your Committee will be consulted and
involved on any matters in your Committee's jurisdiction
should this legislation move forward. In addition, should a
conference on the bill be necessary, I would support your
effort to seek appointment of an appropriate number of
conferees to any House-Senate conference involving provisions
within this legislation on which the Committee on Judiciary
has a valid jurisdictional claim.
I appreciate your cooperation regarding this legislation,
and I will ensure that our exchange of letters is included in
the Congressional Record during floor consideration of H.R.
5139.
Sincerely,
Peter A. DeFazio,
Chair.
Mrs. MILLER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of the goal of H.R. 5139 to prevent
incidents of sexual assault and harassment in transportation.
Passengers should feel safe while traveling, and transportation
workers should feel safe in their workplace. No one condones sexual
misconduct in the transportation sector, or anywhere, for that matter.
That is why the Transportation and Infrastructure Committee and
Congress took such a strong bipartisan stance against this type of
behavior in air transportation in the FAA Reauthorization Act of 2018.
I appreciate Chair DeFazio working with the minority to address
technical concerns with the bill to avoid unintended implementation
issues.
I urge support of this legislation, and I reserve the balance of my
time.
Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I thank the gentlewoman for her support and the support
of the other Republican members of the committee. There were some
technical issues relating to particular modes of transportation, and
the minority wanted to get this bill done, and we worked out those
concerns. I think everybody should support this today. Hopefully, it
will be unanimous.
Mr. Speaker, there was a section that got left out of my opening
remarks, and this is a stunning number.
On U.S. airlines alone, 68 percent of flight attendants say they have
experienced sexual harassment during their careers. In fact, on
November 8, 2019, a flight of a major airline diverted due to a
passenger groping another passenger. The risk of an unwelcome and even
threatening environment is real for both passengers and transportation
workers alike.
Mr. Speaker, I reserve the balance of my time.
Mrs. MILLER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I don't think there is any doubt that all Members
support the intent of H.R. 5139. Like all of you, I want to help ensure
that sexual misconduct in transportation is eliminated.
[[Page H5188]]
Mr. Speaker, I urge support of this legislation, and I yield back the
balance of my time.
Mr. DeFAZIO. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Washington, D.C. (Ms. Norton).
Ms. NORTON. Mr. Speaker, I strongly support the Stop Sexual Assault
and Harassment in Transportation Act, which would institute reporting
requirements for incidents of sexual assault and harassment in
passenger transportation carriers including airlines, vessels, buses,
commuter and intercity passenger railroads, and transportation network
companies like Uber and Lyft.
I am pleased that this bill includes provisions that direct the
Department of Transportation to collect information on the number of
sexual assault and harassment incidents and to make that information
publicly available, which Representative Rick Crawford and I included
in our bipartisan AWARE Act. I believe that until we collect this
information, the full magnitude of the problem will not be understood.
We have heard some of it reported by my good friend just now from
Oregon just now.
In a 2018 survey of 2,000 flight attendants, one in five said they
had been harassed, witnessed a passenger being sexually assaulted, or
received a report of passenger-on-passenger sexual assault. Nearly 70
percent reported experiencing sexual harassment, and almost one in five
reported being sexually assaulted by passengers.
In fiscal year 2014, 38 instances of in-flight sexual assault were
reported to the Federal Bureau of Investigation. This number increased
to 63 reported cases in 2017, but many instances of in-flight sexual
assault remain unreported, because victims are fearful of contacting
the authorities. FBI statistics indicate that as many as 75 percent of
incidents go unreported.
On cruise ships, sex crimes outweigh any other major offense. A 2013
congressional report found that minors were victims in one-third of
reported sexual assaults.
There was bipartisan support for a provision in the Federal Aviation
Administration Reauthorization Act of 2018 to establish a sexual
misconduct working group to develop best practices for addressing
sexual misconduct on flights, employee training, and law enforcement
notification.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. DeFAZIO. Mr. Speaker, I yield an additional 1 minute to the
gentlewoman from Washington, D.C. (Ms. Norton).
Ms. NORTON. This legislation builds upon that work, requiring
passenger transportation carriers to establish formal policies,
training, and reporting structures for sexual assault and harassment
and adds penalties for individuals who physically or sexually assault
or threaten to assault transportation personnel.
I support the passage of the Stop Sexual Assault and Harassment in
Transportation Act so that every person can feel safe from violence and
harassment while traveling.
{time} 1600
Mr. DeFAZIO. Mr. Speaker, I am prepared to close, and I have no
further speakers. I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, as a senior member of the House
Judiciary Committee, I rise in strong support of H.R. 5139, the ``Stop
Sexual Assault and Harassment in Transportation Act,'' which
establishes formal sexual assault and harassment policies for the
transportation industry.
I would like to thank Congressman DeFazio for his leadership on this
vital piece of legislation.
While the United States prides itself for being an innovator and
leader in transportation, we are severely lacking in our protections of
personnel and travelers from sexual assault and harassment.
There have been too many accounts of women and children being
sexually assaulted on airplanes and groped on crowded trains, as well
as flight attendants being sexually harassed daily in their workplaces.
According to a survey of students at San Jose State University
conducted by Metro Magazine, almost two-thirds (63 percent) of
respondents had experienced some form of harassment while using
transit.
Verbal harassment was the most common form of harassment, with 41
percent experiencing ``obscene/harassing language'' and 26 percent
being subjected to sexual comments.
Among non-verbal types of harassment, 22 percent had been stalked and
18 percent had been victims of indecent exposure.
With respect to physical harassment, 11 percent of students had
experienced groping or inappropriate touching.
These facts and figures are representative of a larger issue of
sexual assault and harassment in the public transportation industry
across the country.
Things must change.
H.R. 5139 seeks to help prevent sexual assaults and sexual harassment
on airplanes, buses, passenger vessels, commuter and intercity
passenger railroads, and ridesharing vehicles by establishing formal
policies to which transportation providers must adhere.
For example, passenger transportation providers are required to
facilitate the reporting of sexual harassment and assault incidents,
develop procedures that limit or prohibit future travel for individuals
who perpetuate these incidents, as well as train personnel to recognize
and respond to such incidents.
The bill also establishes a maximum civil penalty of $35,000 for
individuals who physically or sexually assault transportation
personnel.
Furthermore, H.R. 5139 not only establishes a data collection program
within the Department of Transportation regarding the number of
incidents of sexual assault or harassment reported by transportation
personnel and passengers each year, but it also streamlines the
reporting process for individuals involved in an incident.
By doing so, individuals will be able to report allegations to law
enforcement in a confidential and separate manner from the reporting
processes offered by the transportation provider.
It is simply not enough to condemn sexual harassment and assault.
It is time for actionable solutions that stop these incidents from
occurring altogether, and this bill is a great step in that direction.
I encourage my fellow colleagues to vote in favor of H.R. 5139.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Oregon (Mr. DeFazio) that the House suspend the rules
and pass the bill, H.R. 5139, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________