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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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