Stop Sexual Assault and Harassment in Transportation Act
AN ACT
To protect transportation personnel and passengers from sexual assault and harassment, and for other purposes.
Sec. 2 Formal sexual assault and harassment policies on air carriers and foreign air carriers
“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.”
Sec. 3 Formal sexual assault and harassment policies for certain motor carriers
Sec. 4 Formal sexual assault and harassment policies on passenger commuter and intercity rail
“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.”
Sec. 5 Formal sexual assault and harassment policies on transit
“5341. Formal sexual assault and harassment policies
“(a) Requirement—Not later than 180 days after the date of enactment of this section, each covered transit entity shall issue, in consultation with labor unions representing personnel with respect to the covered transit entity, a formal policy with respect to transportation sexual assault or harassment incidents.
“(b) Contents—The policy required under subsection (a) shall include—
“(1) a statement indicating that no transportation sexual assault or harassment incident is acceptable under any circumstance;
“(2) procedures that facilitate the reporting of a transportation sexual assault or harassment incident, including—
“(A) appropriate public outreach activities; and
“(B) confidential phone and internet-based opportunities for reporting;
“(3) procedures that personnel should follow upon the reporting of a transportation sexual assault or harassment incident, including actions to protect affected individuals from continued sexual assault or harassment and to notify law enforcement when appropriate;
“(4) procedures that may limit, to the extent practicable, future travel with the covered transit entity by any passenger who causes a transportation sexual assault or harassment incident; and
“(5) training that is required for all appropriate personnel with respect to the policy required under subsection (a), including—
“(A) specific training for personnel who may receive reports of transportation sexual assault or harassment incidents; and
“(B) recognizing and responding to potential human trafficking victims.
“(c) Passenger information—A covered transit entity shall prominently display, on the internet website of the entity and through the use of appropriate signage, a written statement that—
“(1) advises passengers and personnel that the covered transit entity has adopted a formal policy with respect to transportation sexual assault or harassment incidents;
“(2) informs passengers and personnel of the other major components of the covered transit entity’s formal policy, including a statement indicating that no transportation sexual assault or harassment incident is acceptable under any circumstance; and
“(3) informs passengers and personnel of the procedure for reporting a transportation sexual assault or harassment incident.
“(d) Standard of care—Compliance with the requirements of this section, and any policy issued thereunder, shall not determine whether the covered transit entity has acted with any requisite standard of care.
“(e) Definitions—In this section:
“(1) Covered transit entity—The term “covered transit entity” means a State or local governmental entity, private nonprofit organization, or Tribe that—
“(A) operates a public transportation service; and
“(B) is a recipient or subrecipient of funds under this chapter.
“(2) Personnel—The term personnel means an employee or contractor of a covered transit entity.
“(3) Sexual assault—The term “sexual assault” means the occurrence of an act that constitutes any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent.
“(4) Transportation sexual assault or harassment incident—The term transportation sexual assault or harassment incident means the occurrence, or reasonably suspected occurrence, of an act that—
“(A) constitutes sexual assault or sexual harassment; and
“(B) is committed—
“(i) by a passenger or member of personnel of covered transit entity against another passenger or member of personnel of the covered transit entity; and
“(ii) within a vehicle of the covered transit entity or in an area in which passengers are entering or exiting such a vehicle.”
Sec. 6 Formal sexual assault and harassment policies for passenger vessels
“(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.”
“(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.”
Sec. 7 Civil penalties for interference with certain transportation personnel
“80505. Interference with certain transportation personnel
“(a) General rule—An individual who physically or sexually assaults or threatens to physically or sexually assault an employee engaged in the transportation of passengers on behalf of a covered entity, or takes any action that poses an imminent threat to the safety of a vehicle of a covered entity that is transporting passengers, including rolling stock, motorcoaches, and ferries, is liable to the United States Government for a civil penalty of—
“(1) for calendar years 2020 through 2024, not more than $35,000;
“(2) for calendar years 2025 through 2029, not more than $40,000; and
“(3) for calendar year 2030 and thereafter, not more than $45,000.
“(b) Compromise and setoff
“(1) Compromise—The Secretary of Transportation may compromise the amount of a civil penalty imposed under this section.
“(2) Setoff—The United States Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts the Government owes the person liable for the penalty.
“(c) Covered entity defined—In this section, the term covered entity means an entity that is 1 of the following:
“(1) A recipient of Federal funds under chapter 53 of this title.
“(2) A motor carrier of passengers that—
“(A) conducts regularly scheduled intercity service; and
“(B) is a Class I carrier (as that term is used in section 369.3(a) of title 49, Code of Federal Regulations).
“(3) An entity providing commuter rail passenger transportation or intercity rail passenger transportation (as those terms are defined in section 24102 of this title).
“(4) The owner of a vessel for which section 3507 of title 46 applies.
“(5) A transportation network company.”
“(1) for calendar years 2020 through 2024, not more than $35,000;
“(2) for calendar years 2025 through 2029, not more than $40,000; and
“(3) for calendar year 2030 and thereafter, not more than $45,000.”