Stop Sexual Assault and Harassment in Transportation Act

IIB 116TH CONGRESS 2D SESSION H. R. 5139 IN THE SENATE OF THE UNITED STATES OCTOBER 19, 2020 Received; read twice and referred to the Committee on Commerce, Science, and Transportation AN ACT To protect transportation personnel and passengers from sexual assault and harassment, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 01:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5139.RFS H5139 pamtmann on DSKBC07HB2PROD with BILLS 2 HR 5139 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Stop Sexual Assault 2 and Harassment in Transportation Act’’. 3 SEC. 2. FORMAL SEXUAL ASSAULT AND HARASSMENT POLI- 4 CIES ON AIR CARRIERS AND FOREIGN AIR 5 CARRIERS. 6 (a) IN GENERAL.—Chapter 417 of title 49, United 7 States Code, is amended by adding at the end the fol- 8 lowing: 9 ‘‘§ 41727. Formal sexual assault and harassment poli- 10 cies 11 ‘‘(a) REQUIREMENT.—Not later than 180 days after 12 the date of enactment of this section, each air carrier and 13 foreign air carrier transporting passengers for compensa- 14 tion shall issue, in consultation with labor unions rep- 15 resenting personnel of the air carrier or foreign air carrier, 16 a formal policy with respect to transportation sexual as- 17 sault or harassment incidents. 18 ‘‘(b) CONTENTS.—The policy required under sub- 19 section (a) shall include— 20 ‘‘(1) a statement indicating that no transpor- 21 tation sexual assault or harassment incident is ac- 22 ceptable under any circumstance; 23 ‘‘(2) procedures that facilitate the reporting of 24 a transportation sexual assault or harassment inci- 25 dent, including— 26 VerDate Sep 11 2014 01:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5139.RFS H5139 pamtmann on DSKBC07HB2PROD with BILLS 3 HR 5139 RFS ‘‘(A) appropriate public outreach activities; 1 and 2 ‘‘(B) confidential phone and internet-based 3 opportunities for reporting; 4 ‘‘(3) procedures that personnel should follow 5 upon the reporting of a transportation sexual assault 6 or harassment incident, including actions to protect 7 affected individuals from continued sexual assault or 8 harassment and to notify law enforcement when ap- 9 propriate; 10 ‘‘(4) procedures that may limit or prohibit, to 11 the extent practicable, future travel with the air car- 12 rier or foreign air carrier by any passenger who 13 causes a transportation sexual assault or harassment 14 incident; and 15 ‘‘(5) training that is required for all appropriate 16 personnel with respect to the policy required under 17 subsection (a), including— 18 ‘‘(A) specific training for personnel who 19 may receive reports of transportation sexual as- 20 sault or harassment incidents; and 21 ‘‘(B) recognizing and responding to poten- 22 tial human trafficking victims, in the same 23 manner as required under section 44734(a)(4). 24 VerDate Sep 11 2014 01:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5139.RFS H5139 pamtmann on DSKBC07HB2PROD with BILLS 4 HR 5139 RFS ‘‘(c) PASSENGER INFORMATION.—An air carrier or 1 foreign air carrier described in subsection (a) shall promi- 2 nently display, on the internet website of the air carrier 3 or foreign air carrier and through the use of appropriate 4 signage, a written statement that— 5 ‘‘(1) advises passengers and personnel that the 6 carrier has adopted a formal policy with respect to 7 transportation sexual assault or harassment inci- 8 dents; 9 ‘‘(2) informs passengers and personnel of the 10 other major components of the carrier’s formal pol- 11 icy, including a statement indicating that no trans- 12 portation sexual assault or harassment incident is 13 acceptable under any circumstance; and 14 ‘‘(3) informs passengers and personnel of the 15 procedure for reporting a transportation sexual as- 16 sault or harassment incident. 17 ‘‘(d) STANDARD OF CARE.—Compliance with the re- 18 quirements of this section, and any policy issued there- 19 under, shall not determine whether the air carrier or for- 20 eign air carrier described in subsection (a) has acted with 21 any requisite standard of care. 22 ‘‘(e) DEFINITIONS.—In this section: 23 VerDate Sep 11 2014 01:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5139.RFS H5139 pamtmann on DSKBC07HB2PROD with BILLS 5 HR 5139 RFS ‘‘(1) PERSONNEL.—The term ‘personnel’ means 1 an employee or contractor of an air carrier or for- 2 eign air carrier. 3 ‘‘(2) SEXUAL ASSAULT.—The term ‘sexual as- 4 sault’ means the occurrence of an act that con- 5 stitutes any nonconsensual sexual act proscribed by 6 Federal, tribal, or State law, including when the vic- 7 tim lacks capacity to consent. 8 ‘‘(3) TRANSPORTATION SEXUAL ASSAULT OR 9 HARASSMENT INCIDENT.—The term ‘transportation 10 sexual assault or harassment incident’ means the oc- 11 currence, or reasonably suspected occurrence, of an 12 act that— 13 ‘‘(A) constitutes sexual assault or sexual 14 harassment; and 15 ‘‘(B) is committed— 16 ‘‘(i) by a passenger or member of per- 17 sonnel of an air carrier or foreign air car- 18 rier against another passenger or member 19 of personnel of an air carrier or foreign air 20 carrier; and 21 ‘‘(ii) within an aircraft or in an area 22 in which passengers are entering or exiting 23 an aircraft.’’. 24 VerDate Sep 11 2014 01:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5139.RFS H5139 pamtmann on DSKBC07HB2PROD with BILLS 6 HR 5139 RFS (b) CLERICAL AMENDMENT.—The analysis for chap- 1 ter 417 of title 49, United States Code, is amended by 2 adding at the end the following: 3 ‘‘41727. Formal sexual assault and harassment policies.’’. SEC. 3. FORMAL SEXUAL ASSAULT AND HARASSMENT POLI- 4 CIES FOR CERTAIN MOTOR CARRIERS. 5 (a) REQUIREMENT.—Not later than 180 days after 6 the date of enactment of this Act, each covered motor car- 7 rier shall issue, in consultation with labor unions rep- 8 resenting personnel of the covered motor carrier, a formal 9 policy with respect to transportation sexual assault or har- 10 assment incidents. 11 (b) CONTENTS.—The policy required under sub- 12 section (a) shall include— 13 (1) a statement indicating that no transpor- 14 tation sexual assault or harassment incident is ac- 15 ceptable under any circumstance; 16 (2) procedures that facilitate the reporting of a 17 transportation sexual assault or harassment inci- 18 dent, including— 19 (A) appropriate public outreach activities; 20 and 21 (B) confidential phone and internet-based 22 opportunities for reporting; 23 (3) procedures that personnel should follow 24 upon the reporting of a transportation sexual assault 25 VerDate Sep 11 2014 01:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5139.RFS H5139 pamtmann on DSKBC07HB2PROD with BILLS 7 HR 5139 RFS or harassment incident, including actions to protect 1 affected individuals from continued sexual assault or 2 harassment and to notify law enforcement when ap- 3 propriate; 4 (4) procedures that may limit, to the extent 5 practicable, future travel with the covered motor car- 6 rier by any passenger who causes a transportation 7 sexual assault or harassment incident; and 8 (5) training that is required for all appropriate 9 personnel with respect to the policy required under 10 subsection (a), including— 11 (A) specific training for personnel who 12 may receive reports of transportation sexual as- 13 sault or harassment incidents; and 14 (B) recognizing and responding to poten- 15 tial human trafficking victims. 16 (c) PASSENGER INFORMATION.—A covered motor 17 carrier shall prominently display, on the internet website 18 of the covered motor carrier and through the use of appro- 19 priate signage, a written statement that— 20 (1) advises passengers that the covered motor 21 carrier has adopted a formal policy with respect to 22 transportation sexual assault or harassment inci- 23 dents; 24 VerDate Sep 11 2014 01:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5139.RFS H5139 pamtmann on DSKBC07HB2PROD with BILLS 8 HR 5139 RFS (2) informs passengers and personnel of the 1 other major components of the covered motor car- 2 rier’s formal policy, including a statement indicating 3 that no transportation sexual assault or harassment 4 incident is acceptable under any circumstance; and 5 (3) informs passengers of the procedure for re- 6 porting a transportation sexual assault or harass- 7 ment incident. 8 (d) STANDARD OF CARE.—Compliance with the re- 9 quirements of this section, and any policy issued there- 10 under, shall not determine whether the covered motor car- 11 rier has acted with any requisite standard of care. 12 (e) DEFINITIONS.—In this section: 13 (1) PERSONNEL.—The term ‘‘personnel’’ means 14 an employee or contractor of a covered motor car- 15 rier. 16 (2) COVERED MOTOR CARRIER.—The term 17 ‘‘covered motor carrier’’ means a motor carrier of 18 passengers that— 19 (A) conducts regularly scheduled intercity 20 service; and 21 (B) is a Class I carrier (as that term is 22 used in section 369.3(a) of title 49, Code of 23 Federal Regulations). 24 VerDate Sep 11 2014 01:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5139.RFS H5139 pamtmann on DSKBC07HB2PROD with BILLS 9 HR 5139 RFS (3) SEXUAL ASSAULT.—The term ‘‘sexual as- 1 sault’’ means the occurrence of an act that con- 2 stitutes any nonconsensual sexual act proscribed by 3 Federal, tribal, or State law, including when the vic- 4 tim lacks capacity to consent. 5 (4) TRANSPORTATION SEXUAL ASSAULT OR 6 HARASSMENT INCIDENT.—The term ‘‘transportation 7 sexual assault or harassment incident’’ means the 8 occurrence, or reasonably suspected occurrence, of 9 an act that— 10 (A) constitutes sexual assault or sexual 11 harassment; and 12 (B) is committed— 13 (i) by a passenger or member of per- 14 sonnel of covered motor carrier against an- 15 other passenger or member of personnel of 16 the covered motor carrier; and 17 (ii) within a vehicle of the motor car- 18 rier or in an area in which passengers are 19 entering or exiting such a vehicle. 20 VerDate Sep 11 2014 01:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5139.RFS H5139 pamtmann on DSKBC07HB2PROD with BILLS 10 HR 5139 RFS SEC. 4. FORMAL SEXUAL ASSAULT AND HARASSMENT POLI- 1 CIES ON PASSENGER COMMUTER AND INTER- 2 CITY RAIL. 3 (a) IN GENERAL.—Chapter 241 of title 49, United 4 States Code, is amended by adding at the end the fol- 5 lowing: 6 ‘‘§ 24104. Formal sexual assault and harassment poli- 7 cies 8 ‘‘(a) REQUIREMENT.—Not later than 180 days after 9 the date of enactment of this section, each covered rail 10 entity shall issue, in consultation with labor unions rep- 11 resenting personnel with respect to the covered rail entity, 12 a formal policy with respect to transportation sexual as- 13 sault or harassment incidents. 14 ‘‘(b) CONTENTS.—The policy required under sub- 15 section (a) shall include— 16 ‘‘(1) a statement indicating that no transpor- 17 tation sexual assault or harassment incident is ac- 18 ceptable under any circumstance; 19 ‘‘(2) procedures that facilitate the reporting of 20 a transportation sexual assault or harassment inci- 21 dent, including— 22 ‘‘(A) appropriate public outreach activities; 23 and 24 ‘‘(B) confidential phone and internet-based 25 opportunities for reporting; 26 VerDate Sep 11 2014 01:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5139.RFS H5139 pamtmann on DSKBC07HB2PROD with BILLS 11 HR 5139 RFS ‘‘(3) procedures that personnel should follow 1 upon the reporting of a transportation sexual assault 2 or harassment incident, including actions to protect 3 affected individuals from continued sexual assault or 4 harassment and to notify law enforcement when ap- 5 propriate; 6 ‘‘(4) procedures that may limit or prohibit, to 7 the extent practicable, future travel with the covered 8 rail entity by any passenger who causes a transpor- 9 tation sexual assault or harassment incident; and 10 ‘‘(5) training that is required for all appropriate 11 personnel with respect to the policy required under 12 subsection (a), including— 13 ‘‘(A) specific training for personnel who 14 may receive reports of transportation sexual as- 15 sault or harassment incidents; and 16 ‘‘(B) recognizing and responding to poten- 17 tial human trafficking victims. 18 ‘‘(c) PASSENGER INFORMATION.—A covered rail enti- 19 ty shall prominently display, on the internet website of the 20 entity and through the use of appropriate signage, a writ- 21 ten statement that— 22 ‘‘(1) advises passengers and personnel that the 23 covered rail entity has adopted a formal policy with 24 VerDate Sep 11 2014 01:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5139.RFS H5139 pamtmann on DSKBC07HB2PROD with BILLS 12 HR 5139 RFS respect to transportation sexual assault or harass- 1 ment incidents; 2 ‘‘(2) informs passengers and personnel of the 3 other major components of the covered rail entity’s 4 formal policy, including a statement indicating that 5 no transportation sexual assault or harassment inci- 6 dent is acceptable under any circumstance; and 7 ‘‘(3) informs passengers and personnel of the 8 procedure for reporting a transportation sexual as- 9 sault or harassment incident. 10 ‘‘(d) STANDARD OF CARE.—Compliance with the re- 11 quirements of this section, and any policy issued there- 12 under, shall not determine whether the covered rail entity 13 has acted with any requisite standard of care. 14 ‘‘(e) DEFINITIONS.—In this section: 15 ‘‘(1) COVERED RAIL ENTITY.—The term ‘cov- 16 ered rail entity’ means an entity providing commuter 17 rail passenger transportation or intercity rail pas- 18 senger transportation. 19 ‘‘(2) PERSONNEL.—The term ‘personnel’ means 20 an employee or contractor of a covered rail entity. 21 ‘‘(3) SEXUAL ASSAULT.—The term ‘sexual as- 22 sault’ means the occurrence of an act that con- 23 stitutes any nonconsensual sexual act proscribed by 24 VerDate Sep 11 2014 01:19 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H5139.RFS H5139 pamtmann on DSKBC07HB2PROD with BILLS 13 HR 5139 RFS Federal, tribal, or State law, including when the vic- 1 tim lacks capacity to consent. 2 ‘‘(4) TRANSPORTATION SEXUAL ASSAULT OR 3 HARASSMENT INCIDENT.—The term ‘transportation 4 sexual assault or harassment incident’ means the oc- 5 currence, or reasonably suspected occurrence, of an 6 act that— 7 ‘‘(A) constitutes sexual assault or sexual 8 harassment; and 9 ‘‘(B) is committed— 10 ‘‘(i) by a passenger or member of per- 11 sonnel of covered rail entity [Text truncated for display. Full text available on Congress.gov.]