H.R. 5139 — what changed

“5341. Formal sexual assault and harassment policies

changed “(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 covered transit entity shall issue, in consultation with labor unions representing personnel with respect to the recipient, 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;

changed “(4) procedures that may limit, to the extent practicable, future travel with the recipient 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.

changed “(c) Passenger information—A recipient covered transit entity shall prominently display, on the internet website of the entity and through the use of appropriate signage, a written statement that—

changed “(1) advises passengers and personnel that the recipient covered transit entity has adopted a formal policy with respect to transportation sexual assault or harassment incidents;

changed “(2) informs passengers and personnel of the other major components of the recipient 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.

changed “(d) Standard of care—Compliance with the requirements of this section, and any policy issued thereunder, shall not determine whether the recipient covered transit entity has acted with any requisite standard of care.

“(e) Definitions—In this section:

changed “(1) Personnel—The Covered transit entity—The term personnel “covered transit entity” means an employee or contractor of a recipient of Federal funds under this chapter.State or local governmental entity, private nonprofit organization, or Tribe that—

changed “(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.“(A) operates a public transportation service; and

changed “(3) Transportation sexual assault or harassment incident—The term transportation sexual assault or harassment incident means the occurrence, “(B) is a recipient or reasonably suspected occurrence, subrecipient of an act that—funds under this chapter.

added “(2) Personnel—The term personnel means an employee or contractor of a covered transit entity.

added “(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.

added “(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—

added “(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

added “(ii) within a vehicle of the covered transit entity or in an area in which passengers are entering or exiting such a vehicle.”

removed “(i) by a passenger or member of personnel of recipient entity against another passenger or member of personnel of the recipient entity; and

removed “(ii) within a vehicle of the recipient entity or in an area in which passengers are entering or exiting such a vehicle.”

“(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.”

removed “(A) In general—The owner”

removed “(B) Placement of video surveillance equipment—With regard to the placement of video surveillance equipment on a vessel under subparagraph (A), the owner shall—

removed “(i) place video surveillance equipment in each passenger common area where a person has no reasonable expectation of privacy;

removed “(ii) place video surveillance equipment in other areas where a person has no reasonable expectation of privacy; and

removed “(iii) place video surveillance equipment in each area identified under clause (i) or (ii) in a manner that provides optimum surveillance of that area.”

removed “(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.”

removed “(A) Law enforcement—The owner”

removed “(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—

removed “(i) in which the individual is a subject of the video surveillance; and

removed “(ii) that may provide evidence in a civil action.

removed “(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.”

removed “(4) Retention requirements

removed “(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—

removed “(i) be provided to the Federal Bureau of Investigation; and

removed “(ii) be preserved by the vessel owner for not less than 5 years from the date of the alleged incident.

removed “(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.

removed “(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.

removed “(D) Considerations—In promulgating standards under subparagraphs (B) and (C), the Commandant shall—

removed “(i) consider factors that would aid in the investigation of serious crimes, including crimes that go unreported until after the completion of a voyage;

removed “(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;

removed “(iii) consider privacy, including standards for permissible access to and monitoring and use of the records of video surveillance; and

removed “(iv) consider technological advancements, including requirements to update technology.”

“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—

changed “(1) for calendar years 2019 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.”

changed “(1) for calendar years 2019 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.”

In this Act: