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H.R. 5139 — what changed

Stop Sexual Assault and Harassment in Transportation Act

From Introduced in House to Reported in House. 3 sections amended between Introduced in House and Reported in House.

Sec. 8 Formal sexual assault and harassment policies for transportation network companies and for-hire vehicle companies

(a)
changed 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)
changed appropriate public outreach activities; andactivities;
(B)
changed confidential phone and internet-based opportunities for reporting;reporting; and
(C)
added TNC personnel or FVC personnel trained to receive reports;
(3)
changed 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)
changed procedures that may limit or prohibit, to the extent practicable, future use of the transportation network company platform by any passenger or TNC driver 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)
changed 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)
changed 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)
changed informs passengers, TNC drivers, and 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)
changed 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)
changed 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)
changed the number of transportation sexual assault or harassment incidents reported to the covered entity, entity or State or local entity that provides authorized transportation service, including—
(A)
the number of incidents committed against passengers; and
(B)
changed the number of incidents committed against personnel or, in the case of a TNC, TNC or for-hire vehicle company, a TNC driver;driver or a FVC driver, respectively;
(2)
changed the number of transportation sexual assault or harassment incidents reported to law enforcement by personnel of the covered entity; 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)
changed precludes the connection of the data to any individual covered entity; 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. 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)
added A for-hire vehicle company.
(2)
added For-hire vehicle company— The term “for-hire vehicle company” means an entity that—
(A)
added provides passenger transportation in a motor vehicle in exchange for compensation; and
(B)
added 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)
added 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)
added FVC personnel— The term “FVC personnel” means an employee or contractor of a covered for-vehicle company, other than a FVC driver.
(5)
renumbered was (4) 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)
renumbered was (5) 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)
renumbered was (6) TNC personnel— The term “TNC personnel” means an employee or contractor of a covered transportation network company, other than a TNC driver.
(8)
renumbered was (7) Transportation network company— The term transportation network company—
(A)
renumbered was (7)(3) 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)
renumbered was (7)(4) does not include a shared-expense carpool or vanpool arrangement that is not intended to generate profit for the driver.
(9)
renumbered was (8) 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)
renumbered was (8)(3) constitutes sexual assault or sexual harassment; and
(B)
renumbered was (8)(4) is committed—
(i)
added 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
(i)
removed 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; and
(ii)
renumbered was (8)(4)(3) within—
(I)
renumbered was (8)(4)(3)(2) a vehicle of the covered entity that is transporting passengers, including aircraft, rolling stock, motorcoaches, and ferries; or
(II)
renumbered was (8)(4)(3)(3) an area in which passengers are entering or exiting such a vehicle.