,,ib ,union ,calendar ,no4 #cga #aafth ,,congress #b;d ,session ,h4 ,r4 #eaci ,report ,no4 #aaf-dfc1 ,part ,i ,,in ,,the ,,house ,,of ,,representatives ,november #ah1 #bjai,mr4 ,de,fazio 7for himself1 ,mr4 ,carson of ,indiana1 ,mrs4 ,napolitano1 ,mr4 ,espaillat1 ,mr4 ,payne1 ,mr4 ,lowenthal1 ,mr4 ,pappas1 ,ms4 ,norton1 ,mr4 ,huffman1 ,ms4 ,johnson of ,texas1 ,mr4 ,sean ,patrick ,maloney of ,new ,york1 ,ms4 ,titus1 ,mr4 ,sires1 ,ms4 ,brownley of ,california1 ,mr4 ,carbajal1 ,mr4 ,larsen of ,washington1 ,mr4 ,malinowski1 ,mr4 ,lynch1 and ,mrs4 ,fletcher7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committee on the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,july #bi1 #bjbj;,additional sponsors3 ,mr4 ,cohen1 ,ms4 ,wilson of ,florida1 ,mr4 ,lipinski1 ,ms4 ,finkenauer1 ,ms4 ,plaskett1 ,ms4 ,kuster of ,new ,hampshire1 ,mr4 ,de,saulnier1 and ,mrs4 ,lawrence ,july #bi1 #bjbj,reported from the ,committee on ,transportation and ,infrastructure with an amendment,strike out all after the enacting clause and insert the part printed in italic ,july #bi1 #bjbj;,committee on the ,judiciary discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed,for text of introduced bill1 see copy of bill as introduced on ,november #ah1 #bjai ,a ,,bill ,to protect transportation personnel and passengers from sexual assault and harassment1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stop ,sexual ,assault and ,harassment in ,transportation ,act4 #b4 ,formal sexual assault and harassment policies on air carriers and foreign air carriers 7a7 ,in general ,chapter #dag of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #dagbg4 ,formal sexual assault and harassment policies 7a7 ,requirement ,not later than #ahj days after the date of enactment of this section1 each air carrier and foreign air carrier transporting passengers for compensation shall issue1 in consultation with labor unions representing personnel of the air carrier or foreign air carrier1 a formal policy with respect to transportation sexual assault or harassment incidents4 7b7 ,contents ,the policy required under subsection 7a7 shall include-- 7#a7 a statement indicating that no transportation sexual assault or harassment incident is acceptable under any circumstance2 7#b7 procedures that facilitate the reporting of a transportation sexual assault or harassment incident1 including-- 7,a7 appropriate public outreach activities2 and 7,b7 confidential phone and internet-based opportunities for reporting2 7#c7 procedures that personnel should follow upon the reporting of a transportation sexual assault or harassment incident1 including actions to protect affected individuals from continued sexual assault or harassment and to notify law enforcement when appropriate2 7#d7 procedures that may limit or prohibit1 to the extent practicable1 future travel with the air carrier or foreign air carrier by any passenger who causes a transportation sexual assault or harassment incident2 and 7#e7 training that is required for all appropriate personnel with respect to the policy required under subsection 7a71 including-- 7,a7 specific training for personnel who may receive reports of transportation sexual assault or harassment incidents2 and 7,b7 recognizing and responding to potential human trafficking victims1 in the same manner as required under section #ddgcd7;a77#d74 7c7 ,passenger information ,an air carrier or foreign air carrier described in subsection 7a7 shall prominently display1 on the internet website of the air carrier or foreign air carrier and through the use of appropriate signage1 a written statement that-- 7#a7 advises passengers and personnel that the carrier has adopted a formal policy with respect to transportation sexual assault or harassment incidents2 7#b7 informs passengers and personnel of the other major components of the carrier's formal policy1 including a statement indicating that no transportation sexual assault or harassment incident is acceptable under any circumstance2 and 7#c7 informs passengers and personnel of the procedure for reporting a transportation sexual assault or harassment incident4 7d7 ,standard of care ,compliance with the requirements of this section1 and any policy issued thereunder1 shall not determine whether the air carrier or foreign air carrier described in subsection 7a7 has acted with any requisite standard of care4 7e7 ,definitions ,in this section3 7#a7 ,personnel ,the term personnel means an employee or contractor of an air carrier or foreign air carrier4 7#b7 ,sexual assault ,the term sexual assault means the occurrence of an act that constitutes any nonconsensual sexual act proscribed by ,federal1 tribal1 or ,state law1 including when the victim lacks capacity to consent4 7#c7 ,transportation sexual assault or harassment incident ,the term transportation sexual assault or harassment incident means the occurrence1 or reasonably suspected occurrence1 of an act that-- 7,a7 constitutes sexual assault or sexual harassment2 and 7,b7 is committed-- 7i7 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 carrier2 and 7ii7 within an aircraft or in an area in which passengers are entering or exiting an aircraft4 4 7b7 ,clerical amendment ,the analysis for chapter #dag of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #dagbg4 ,formal sexual assault and harassment policies4 4 #c4 ,formal sexual assault and harassment policies for certain motor carriers 7a7 ,requirement ,not later than #ahj days after the date of enactment of this ,act1 each covered motor carrier shall issue1 in consultation with labor unions representing personnel of the covered motor carrier1 a formal policy with respect to transportation sexual assault or harassment incidents4 7b7 ,contents ,the policy required under subsection 7a7 shall include-- 7#a7 a statement indicating that no transportation sexual assault or harassment incident is acceptable under any circumstance2 7#b7 procedures that facilitate the reporting of a transportation sexual assault or harassment incident1 including-- 7,a7 appropriate public outreach activities2 and 7,b7 confidential phone and internet-based opportunities for reporting2 7#c7 procedures that personnel should follow upon the reporting of a transportation sexual assault or harassment incident1 including actions to protect affected individuals from continued sexual assault or harassment and to notify law enforcement when appropriate2 7#d7 procedures that may limit1 to the extent practicable1 future travel with the covered motor carrier by any passenger who causes a transportation sexual assault or harassment incident2 and 7#e7 training that is required for all appropriate personnel with respect to the policy required under subsection 7a71 including-- 7,a7 specific training for personnel who may receive reports of transportation sexual assault or harassment incidents2 and 7,b7 recognizing and responding to potential human trafficking victims4 7c7 ,passenger information ,a covered motor carrier shall prominently display1 on the internet website of the covered motor carrier and through the use of appropriate signage1 a written statement that-- 7#a7 advises passengers that the covered motor carrier has adopted a formal policy with respect to transportation sexual assault or harassment incidents2 7#b7 informs passengers and personnel of the other major components of the covered motor carrier's formal policy1 including a statement indicating that no transportation sexual assault or harassment incident is acceptable under any circumstance2 and 7#c7 informs passengers of the procedure for reporting a transportation sexual assault or harassment incident4 7d7 ,standard of care ,compliance with the requirements of this section1 and any policy issued thereunder1 shall not determine whether the covered motor carrier has acted with any requisite standard of care4 7e7 ,definitions ,in this section3 7#a7 ,personnel ,the term personnel means an employee or contractor of a covered motor carrier4 7#b7 ,covered motor carrier ,the term covered motor carrier means a motor carrier of passengers that-- 7,a7 conducts regularly scheduled intercity service2 and 7,b7 is a ,class ,i carrier 7as that term is used in section #cfi4c7;a7 of title #di1 ,code of ,federal ,regulations74 7#c7 ,sexual assault ,the term sexual assault means the occurrence of an act that constitutes any nonconsensual sexual act proscribed by ,federal1 tribal1 or ,state law1 including when the victim lacks capacity to consent4 7#d7 ,transportation sexual assault or harassment incident ,the term transportation sexual assault or harassment incident means the occurrence1 or reasonably suspected occurrence1 of an act that-- 7,a7 constitutes sexual assault or sexual harassment2 and 7,b7 is committed-- 7i7 by a passenger or member of personnel of covered motor carrier against another passenger or member of personnel of the covered motor carrier2 and 7ii7 within a vehicle of the motor carrier or in an area in which passengers are entering or exiting such a vehicle4 #d4 ,formal sexual assault and harassment policies on passenger commuter and intercity rail 7a7 ,in general ,chapter #bda of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bdajd4 ,formal sexual assault and harassment policies 7a7 ,requirement ,not later than #ahj days after the date of enactment of this section1 each covered rail entity shall issue1 in consultation with labor unions representing personnel with respect to the covered rail entity1 a formal policy with respect to transportation sexual assault or harassment incidents4 7b7 ,contents ,the policy required under subsection 7a7 shall include-- 7#a7 a statement indicating that no transportation sexual assault or harassment incident is acceptable under any circumstance2 7#b7 procedures that facilitate the reporting of a transportation sexual assault or harassment incident1 including-- 7,a7 appropriate public outreach activities2 and 7,b7 confidential phone and internet-based opportunities for reporting2 7#c7 procedures that personnel should follow upon the reporting of a transportation sexual assault or harassment incident1 including actions to protect affected individuals from continued sexual assault or harassment and to notify law enforcement when appropriate2 7#d7 procedures that may limit or prohibit1 to the extent practicable1 future travel with the covered rail entity by any passenger who causes a transportation sexual assault or harassment incident2 and 7#e7 training that is required for all appropriate personnel with respect to the policy required under subsection 7a71 including-- 7,a7 specific training for personnel who may receive reports of transportation sexual assault or harassment incidents2 and 7,b7 recognizing and responding to potential human trafficking victims4 7c7 ,passenger information ,a covered rail entity shall prominently display1 on the internet website of the entity and through the use of appropriate signage1 a written statement that-- 7#a7 advises passengers and personnel that the covered rail entity has adopted a formal policy with respect to transportation sexual assault or harassment incidents2 7#b7 informs passengers and personnel of the other major components of the covered rail entity's formal policy1 including a statement indicating that no transportation sexual assault or harassment incident is acceptable under any circumstance2 and 7#c7 informs passengers and personnel of the procedure for reporting a transportation sexual assault or harassment incident4 7d7 ,standard of care ,compliance with the requirements of this section1 and any policy issued thereunder1 shall not determine whether the covered rail entity has acted with any requisite standard of care4 7e7 ,definitions ,in this section3 7#a7 ,covered rail entity ,the term covered rail entity means an entity providing commuter rail passenger transportation or intercity rail passenger transportation4 7#b7 ,personnel ,the term personnel means an employee or contractor of a covered rail entity4 7#c7 ,sexual assault ,the term sexual assault means the occurrence of an act that constitutes any nonconsensual sexual act proscribed by ,federal1 tribal1 or ,state law1 including when the victim lacks capacity to consent4 7#d7 ,transportation sexual assault or harassment incident ,the term transportation sexual assault or harassment incident means the occurrence1 or reasonably suspected occurrence1 of an act that-- 7,a7 constitutes sexual assault or sexual harassment2 and 7,b7 is committed-- 7i7 by a passenger or member of personnel of covered rail entity against another passenger or member of personnel of the covered rail entity2 and 7ii7 within a vehicle of the covered rail entity or in an area in which passengers are entering or exiting such a vehicle4 4 7b7 ,clerical amendment ,the analysis for chapter #bda of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bdajd4 ,formal sexual assault and harassment policies4 4 #e4 ,formal sexual assault and harassment policies on transit 7a7 ,in general ,chapter #ec of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #ecda4 ,formal sexual assault and harassment policies 7a7 ,requirement ,not later than #ahj days after the date of enactment of this section1 each recipient of ,federal funds under this chapter operating vehicles shall issue1 in consultation with labor unions representing personnel with respect to the recipient1 a formal policy with respect to transportation sexual assault or harassment incidents4 7b7 ,contents ,the policy required under subsection 7a7 shall include-- 7#a7 a statement indicating that no transportation sexual assault or harassment incident is acceptable under any circumstance2 7#b7 procedures that facilitate the reporting of a transportation sexual assault or harassment incident1 including-- 7,a7 appropriate public outreach activities2 and 7,b7 confidential phone and internet-based opportunities for reporting2 7#c7 procedures that personnel should follow upon the reporting of a transportation sexual assault or harassment incident1 including actions to protect affected individuals from continued sexual assault or harassment and to notify law enforcement when appropriate2 7#d7 procedures that may limit1 to the extent practicable1 future travel with the recipient entity by any passenger who causes a transportation sexual assault or harassment incident2 and 7#e7 training that is required for all appropriate personnel with respect to the policy required under subsection 7a71 including-- 7,a7 specific training for personnel who may receive reports of transportation sexual assault or harassment incidents2 and 7,b7 recognizing and responding to potential human trafficking victims4 7c7 ,passenger information ,a recipient entity shall prominently display1 on the internet website of the entity and through the use of appropriate signage1 a written statement that-- 7#a7 advises passengers and personnel that the recipient entity has adopted a formal policy with respect to transportation sexual assault or harassment incidents2 7#b7 informs passengers and personnel of the other major components of the recipient entity's formal policy1 including a statement indicating that no transportation sexual assault or harassment incident is acceptable under any circumstance2 and 7#c7 informs passengers and personnel of the procedure for reporting a transportation sexual assault or harassment incident4 7d7 ,standard of care ,compliance with the requirements of this section1 and any policy issued thereunder1 shall not determine whether the recipient entity has acted with any requisite standard of care4 7e7 ,definitions ,in this section3 7#a7 ,personnel ,the term personnel means an employee or contractor of a recipient of ,federal funds under this chapter4 7#b7 ,sexual assault ,the term sexual assault means the occurrence of an act that constitutes any nonconsensual sexual act proscribed by ,federal1 tribal1 or ,state law1 including when the victim lacks capacity to consent4 7#c7 ,transportation sexual assault or harassment incident ,the term transportation sexual assault or harassment incident means the occurrence1 or reasonably suspected occurrence1 of an act that-- 7,a7 constitutes sexual assault or sexual harassment2 and 7,b7 is committed-- 7i7 by a passenger or member of personnel of recipient entity against another passenger or member of personnel of the recipient entity2 and 7ii7 within a vehicle of the recipient entity or in an area in which passengers are entering or exiting such a vehicle4 4 7b7 ,clerical amendment ,the analysis for chapter #ec of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #ecda4 ,formal sexual assault and harassment policies4 4 #f4 ,formal sexual assault and harassment policies for passenger vessels 7a7 ,in general ,section #cejg7;d7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#d71 by striking and after the semicolon at the end2 7#b7 in paragraph 7#e71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7#f7 7,a7 issue a formal policy with respect to sexual assault or harassment incidents that includes-- 7i7 a statement indicating that no sexual assault or harassment incident is acceptable under any circumstance2 7ii7 procedures that facilitate the reporting of a sexual assault or harassment incident1 including-- 7,i7 appropriate public outreach activities2 and 7,,ii7 confidential phone and internet-based opportunities for reporting2 7iii7 procedures that personnel should follow upon the reporting of a sexual assault or harassment incident1 including actions to protect affected individuals from continued sexual assault or harassment and how to provide the information and access required under paragraph 7#e72 7iv7 procedures that may limit or prohibit1 to the extent practicable1 future travel on the vessel by any passenger who causes a transportation sexual assault or harassment incident2 and 7v7 training that is required for all appropriate personnel with respect to the policy required under this paragraph1 including-- 7,i7 specific training for personnel who may receive reports of sexual assault or harassment incidents2 and 7,,ii7 recognizing and responding to potential human trafficking victims2 and 7,b7 prominently display on the internet website of the vessel owner and1 through the use of appropriate signage on each vessel1 a written statement that-- 7i7 advises passengers and crew members that the vessel owner has adopted a formal policy with respect to sexual assault or harassment incidents2 7ii7 informs passengers and personnel of the other major components of the vessel owner's formal policy1 including a statement indicating that no transportation sexual assault or harassment incident is acceptable under any circumstance2 and 7iii7 informs passengers and crew members of the procedure for reporting a sexual assault or harassment incident2 and 7#g7 have a formal policy in effect with respect to sexual assault or harassment incidents4 4 7b7 ,reporting requirement ,section #cejg7;g77#c77;,a77i7 of title #df1 ,united ,states ,code1 is amended by inserting any sexual assault or harassment incident 7as that term is defined in subsection 7l7 of this section7 that constitutes a violation of law1 after title #ah applies14 7c7 ,standard of care ,compliance with the requirements of the amendments made by this section1 and any policy issued thereunder1 shall not determine whether the applicable owner of a vessel covered by such amendments has acted with any requisite standard of care4 7d7 ,definitions ,section #cejg7l7 of title #df1 ,united ,states ,code1 is amended to read as follows3 7l7 ,definitions 7#a7 ,owner ,in this section and section #cejh1 the term owner means the owner1 charterer1 managing operator1 master1 or other individual in charge of a vessel4 7#b7 ,sexual assault ,the term sexual assault means the occurrence of an act that constitutes any nonconsensual sexual act proscribed by ,federal1 tribal1 or ,state law1 including when the victim lacks capacity to consent4 7#c7 ,sexual assault or harassment incident ,the term sexual assault or harassment incident means the occurrence1 or reasonably suspected occurrence1 of an act that-- 7,a7 constitutes sexual assault or sexual harassment2 and 7,b7 is committed-- 7i7 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 vessel2 and 7ii7 within-- 7,i7 such a vessel2 or 7,,ii7 an area in which passengers are entering or exiting such a vessel4 4 7e7 ,maintenance and placement of video surveillance equipment ,section #cejg7;b77#a7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 by striking ,the owner and inserting the following3 7,a7 ,in general ,the owner 2 7#b7 by striking 1 as determined by the ,secretary2 and 7#c7 by adding at the end1 the following3 7,b7 ,placement of video surveillance equipment ,with regard to the placement of video surveillance equipment on a vessel under subparagraph 7,a71 the owner shall-- 7i7 place video surveillance equipment in each passenger common area where a person has no reasonable expectation of privacy2 7ii7 place video surveillance equipment in other areas where a person has no reasonable expectation of privacy2 and 7iii7 place video surveillance equipment in each area identified under clause 7i7 or 7ii7 in a manner that provides optimum surveillance of that area4 4 7f7 ,notice of video surveillance ,section #cejg7;b71 of title #df1 ,united ,states ,code1 is further amended by inserting after paragraph 7#a7 the following3 7#b7 ,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 equipment4 4 7g7 ,access to video records ,section #cejg7;b71 of title #df1 ,united ,states ,code1 is further amended-- 7#a7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7#b7 in paragraph 7#c71 as so redesignated-- 7,a7 by striking ,the owner and inserting the following3 7,a7 ,law enforcement ,the owner 2 and 7,b7 by adding at the end the following3 7,b7 ,civil actions ,the owner of a vessel to which this section applies shall provide to any individual or the individual's legal representative1 upon written request1 a copy of all records of video surveillance-- 7i7 in which the individual is a subject of the video surveillance2 and 7ii7 that may provide evidence in a civil action4 7,c7 ,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 paragraph4 4 7h7 ,retention requirements ,section #cejg7;b71 of title #df1 ,united ,states ,code1 is further amended by adding at the end the following3 7#d7 ,retention requirements 7,a7 ,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 #ij days after the completion of the voyage4 ,if an incident described in subsection 7g77#c77;,a77i7 is alleged and reported to law enforcement1 all records of video surveillance from the voyage that the ,federal ,bureau of ,investigation determines are relevant shall-- 7i7 be provided to the ,federal ,bureau of ,investigation2 and 7ii7 be preserved by the vessel owner for not less than #e years from the date of the alleged incident4 7,b7 ,interim standards ,not later than #ahj days after the date of enactment of the ,stop ,sexual ,assault and ,harassment in ,transportation ,act1 the ,commandant1 in consultation with the ,federal ,bureau of ,investigation1 shall promulgate interim standards for the retention of records of video surveillance4 7,c7 ,final standards ,not later than #a year after the date of enactment of the ,stop ,sexual ,assault and ,harassment in ,transportation ,act1 the ,commandant1 in consultation with the ,federal ,bureau of ,investigation1 shall promulgate final standards for the retention of records of video surveillance4 7,d7 ,considerations ,in promulgating standards under subparagraphs 7,b7 and 7,c71 the ,commandant shall-- 7i7 consider factors that would aid in the investigation of serious crimes1 including crimes that go unreported until after the completion of a voyage2 7ii7 consider the different types of video surveillance systems and storage requirements in creating standards both for vessels currently in operation and for vessels newly built2 7iii7 consider privacy1 including standards for permissible access to and monitoring and use of the records of video surveillance2 and 7iv7 consider technological advancements1 including requirements to update technology4 4 7i7 ,implementation ,not later than #ahj days after the date of enactment of this ,act1 the owner of a vessel to which section #cejg of title #df1 ,united ,states ,code1 applies shall issue the formal policy with respect to sexual assault or harassment incidents required by the amendments made by this section4 #g4 ,civil penalties for interference with certain transportation personnel 7a7 ,in general ,chapter #hje of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #hjeje4 ,interference with certain transportation personnel 7a7 ,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 entity1 or takes any action that poses an imminent threat to the safety of a vehicle of a covered entity that is transporting passengers1 including rolling stock1 motorcoaches1 and ferries1 is liable to the ,united ,states ,government for a civil penalty of-- 7#a7 for calendar years #bjai through #bjbd1 not more than #ce1jjj2 7#b7 for calendar years #bjbe through #bjbi1 not more than #dj1jjj2 and 7#c7 for calendar year #bjcj and thereafter1 not more than #de1jjj4 7b7 ,compromise and setoff 7#a7 ,compromise ,the ,secretary of ,transportation may compromise the amount of a civil penalty imposed under this section4 7#b7 ,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 penalty4 7c7 ,covered entity defined ,in this section1 the term covered entity means an entity that is #a of the following3 7#a7 ,a recipient of ,federal funds under chapter #ec of this title4 7#b7 ,a motor carrier of passengers that-- 7,a7 conducts regularly scheduled intercity service2 and 7,b7 is a ,class ,i carrier 7as that term is used in section #cfi4c7;a7 of title #di1 ,code of ,federal ,regulations74 7#c7 ,an entity providing commuter rail passenger transportation or intercity rail passenger transportation 7as those terms are defined in section #bdajb of this title74 7#d7 ,the owner of a vessel for which section #cejg of title #df applies4 7#e7 ,a transportation network company4 4 7b7 ,clerical amendment ,the analysis for chapter #hje of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #hjejd the following3 #hjeje4 ,interference with certain transportation personnel4 4 7c7 ,graduated fines for interference with cabin or flight crew ,section #dfcah7;a7 of title #di1 ,united ,states ,code1 is amended by striking penalty of not more than #ce1jjj4 and inserting the following3 penalty of-- 7#a7 for calendar years #bjai through #bjbd1 not more than #ce1jjj2 7#b7 for calendar years #bjbe through #bjbi1 not more than #dj1jjj2 and 7#c7 for calendar year #bjcj and thereafter1 not more than #de1jjj4 4 #h4 ,formal sexual assault and harassment policies for transportation network companies and for-hire vehicle companies 7a7 ,requirement ,not later than #ahj days after the date of enactment of this ,act1 each transportation network company and for-hire vehicle company shall issue1 in consultation with labor unions representing ,,tnc drivers of each such transportation network company or ,,fvc drivers of each for-hire vehicle company1 if applicable1 a formal policy with respect to transportation sexual assault or harassment incidents4 7b7 ,contents ,the policy required under subsection 7a7 shall include-- 7#a7 a statement indicating that no transportation sexual assault or harassment incident is acceptable under any circumstance2 7#b7 procedures that facilitate the reporting of a transportation sexual assault or harassment incident1 including-- 7,a7 appropriate public outreach activities2 7,b7 confidential phone and internet-based opportunities for reporting2 and 7,c7 ,,tnc personnel or ,,fvc personnel trained to receive reports2 7#c7 procedures that ,,tnc personnel or ,,fvc personnel should follow upon the reporting of a transportation sexual assault or harassment incident1 including actions to protect affected individuals from continued sexual assault or harassment and to notify law enforcement when appropriate2 7#d7 procedures that may limit or prohibit1 to the extent practicable1 future use of the transportation network company platform by any passenger or ,,tnc driver1 or future use of the for-hire vehicle company service by any passenger or ,,fvc driver1 who causes a transportation sexual assault or harassment incident2 and 7#e7 training that is required for all appropriate personnel with respect to the policy required under subsection 7a71 including-- 7,a7 specific training for such personnel who may receive reports of transportation sexual assault or harassment incidents2 and 7,b7 recognizing and responding to potential human trafficking victims4 7c7 ,passenger information ,a transportation network company or for-hire vehicle company shall prominently display1 on the internet website of the company and through the use of appropriate signage1 a written statement that-- 7#a7 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 incidents2 7#b7 informs passengers1 ,,tnc drivers1 ,,tnc personnel1 ,,fvc drivers1 and ,,fvc personnel of the other major components of the transportation network company's formal policy or the for-hire vehicle company's formal policy1 including a statement indicating that no transportation sexual assault or harassment incident is acceptable under any circumstance2 and 7#c7 informs passengers of the procedure for reporting a transportation sexual assault or harassment incident4 7d7 ,standard of care ,compliance with the requirements of this section1 and any policy issued thereunder1 shall not determine whether the transportation network company or for-hire vehicle company has acted with any requisite standard of care4 #i4 ,data collection 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,transportation shall establish a program to annually collect and maintain data from each covered entity1 or1 as appropriate1 a ,state or local entity that provides authorized transportation service1 on-- 7#a7 the number of transportation sexual assault or harassment incidents reported to the covered entity or ,state or local entity that provides authorized transportation service1 including-- 7,a7 the number of incidents committed against passengers2 and 7,b7 the number of incidents committed against personnel or1 in the case of a ,,tnc or for-hire vehicle company1 a ,,tnc driver or a ,,fvc driver1 respectively2 7#b7 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 services2 and 7#c7 any transportation sexual assault or harassment incidents compiled and maintained under section #cejg7;g77#d77;,a77i7 of title #df1 ,united ,states ,code4 7b7 ,data availability ,subject to subsection 7c71 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 7a74 7c7 ,data protection ,data made available under subsection 7b7 shall be made available in a manner that-- 7#a7 protects the privacy and confidentiality of individuals involved in a transportation sexual assault or harassment incident2 7#b7 precludes the connection of the data to any individual covered entity or a ,state or local entity that provides authorized transportation service2 and 7#c7 is organized by mode of transportation4 7d7 ,paperwork reduction ,subchapter ,i of chapter #ce of title #dd1 ,united ,states ,code1 does not apply to this ,act4 #aj4 ,criminal reporting process ,the ,attorney ,general1 in coordination with the ,secretary of ,transportation1 shall expand the process required to be established under section #cci;,b of the ,,faa ,reauthorization ,act of #bjah 7,public ,law #aae-bed7 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 7b7 of such section1 as determined appropriate by the ,attorney ,general4 #aa4 ,inspector ,general report to ,congress ,not later than #ah months after the date of enactment of this ,act1 and every #b years thereafter1 the inspector general of the ,department of ,transportation shall assess compliance with the provisions of this ,act and the amendments made by this ,act1 including the accuracy of the reporting of transportation sexual assault or harassment incidents by covered entities4 #ab4 ,definition of sexual harassment 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall develop1 and publish in the ,federal ,register1 a definition of sexual harassment for purposes of the implementation of this ,act and the amendments made by this ,act4 7b7 ,consultation ,in developing the definition under subsection 7a71 the ,secretary shall consult with1 and consider input from-- 7#a7 labor unions representing transportation workers employed by covered entities2 and 7#b7 national organizations that specialize in providing services to sexual assault victims4 #ac4 ,definitions ,in this ,act3 7#a7 ,covered entity ,the term covered entity means an entity that is one of the following3 7,a7 ,an air carrier 7as that term is defined in section #djajb of title #di1 ,united ,states ,code7 that transports passengers for compensation4 7,b7 ,a foreign air carrier 7as that term is defined in section #djajb of title #di1 ,united ,states ,code7 that transports passengers for compensation4 7,c7 ,a recipient of ,federal funds under chapter #ec of title #di1 ,united ,states ,code4 7,d7 ,a motor carrier of passengers that-- 7i7 conducts regularly scheduled intercity service2 and 7ii7 is a ,class ,i carrier 7as that term is used in section #cfi4c7;a7 of title #di1 ,code of ,federal ,regulations74 7,e7 ,an entity providing commuter rail passenger transportation or intercity rail passenger transportation 7as those terms are defined in section #bdajb of title #di1 ,united ,states ,code74 7,f7 ,the owner of a vessel for which section #cejg of title #df1 ,united ,states ,code1 applies4 7,g7 ,a transportation network company4 7,h7 ,a for-hire vehicle company4 7#b7 ,for-hire vehicle company ,the term for-hire vehicle company means an entity that-- 7,a7 provides passenger transportation in a motor vehicle in exchange for compensation2 and 7,b7 is authorized by a ,state or local government entity as a taxicab service1 limousine service1 livery service1 black car service1 sedan service1 chauffeur service1 or any other similar category of for-hire transportation service4 7#c7 ,,fvc driver ,the term ,,fvc driver means an individual who is employed1 contracted by1 or otherwise affiliated with a for-hire vehicle company to provide transportation services to the public4 7#d7 ,,fvc personnel ,the term ,,fvc personnel means an employee or contractor of a covered for-vehicle company1 other than a ,,fvc driver4 7#e7 ,sexual assault ,the term sexual assault means the occurrence of an act that constitutes any nonconsensual sexual act proscribed by ,federal1 tribal1 or ,state law1 including when the victim lacks capacity to consent4 7#f7 ,,tnc driver ,the term ,,tnc driver means an individual who is employed1 contracted by1 or otherwise affiliated with a transportation network company to provide transportation services 7also known as ride-sharing7 to the public4 7#g7 ,,tnc personnel ,the term ,,tnc personnel means an employee or contractor of a covered transportation network company1 other than a ,,tnc driver4 7#h7 ,transportation network company ,the term transportation network company-- 7,a7 means a corporation1 partnership1 sole proprietorship1 or other entity1 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 owned1 leased1 or otherwise authorized for use by the driver to a point chosen by the rider2 and 7,b7 does not include a shared-expense carpool or vanpool arrangement that is not intended to generate profit for the driver4 7#i7 ,transportation sexual assault or harassment incident ,the term transportation sexual assault or harassment incident means the occurrence1 or reasonably suspected occurrence1 of an act that-- 7,a7 constitutes sexual assault or sexual harassment2 and 7,b7 is committed-- 7i7 by a passenger or a member of the personnel of a covered entity1 or in the case of a ,,tnc1 a ,,tnc driver of the covered entity1 against another passenger or member of personnel or ,,tnc driver of the covered entity1 or in the case of a for-hire vehicle company1 an ,,fvc driver of the covered entity1 against another passenger or member of personnel or an ,,fvc driver of the covered entity2 and 7ii7 within-- 7,i7 a vehicle of the covered entity that is transporting passengers1 including aircraft1 rolling stock1 motorcoaches1 and ferries2 or 7,,ii7 an area in which passengers are entering or exiting such a vehicle4 ,july #bi1 #bjbj,reported from the ,committee on ,transportation and ,infrastructure with an amendment,july #bi1 #bjbj;,committee on the ,judiciary discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed