; 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) 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 motor carrier against another passenger or member of personnel of the covered motor carrier; and (ii) within a vehicle of the motor carrier or in an area in which passengers are entering or exiting such a vehicle. 4. Formal sexual assault and harassment policies on passenger commuter and intercity rail (a) In general Chapter 241 of title 49, United States Code, is amended by adding at the end the following: 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