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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1082 Introduced in House (IH)]

<DOC>

117th CONGRESS
  1st Session
                                H. R. 1082

  To require ride-hailing companies to implement an enhanced digital 
system to verify passengers with their authorized ride-hailing vehicles 
                              and drivers.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 15, 2021

  Mr. Smith of New Jersey (for himself, Mr. Suozzi, Mr. Clyburn, Mr. 
Wilson of South Carolina, Mr. Sires, and Mr. Gottheimer) introduced the 
 following bill; which was referred to the Committee on Transportation 
  and Infrastructure, and in addition to the Committees on Energy and 
Commerce, and the Budget, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
  To require ride-hailing companies to implement an enhanced digital 
system to verify passengers with their authorized ride-hailing vehicles 
                              and drivers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as ``Sami's Law''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Council.--The term ``Council'' means the Safety Actions 
        for Matching and Identifying Ride-Share Customers Advisory 
        Council established under section 5(a).
            (2) Nonvisual; nonvisually accessible.--The terms 
        ``nonvisual'' and ``nonvisually accessible'', with respect to 
        the systems described in sections 3(a)(2)(A)(iv) and 
        4(b)(2)(B), mean digital content that--
                    (A) meets the criteria for success described in the 
                guidelines entitled ``Web Content Accessibility 
                Guidelines 2.0, Level AA'' (or a successor to, or 
                revision of, those guidelines) that have been 
                incorporated into the standards issued by the United 
                States Access Board known as the ``Section 508 
                standards'', including, to the extent applicable, the 
                applications commonly known as the ``Web Accessibility 
                Initiative - Accessible Rich Internet Applications 
                (WAI-ARIA)''; or
                    (B) otherwise allows visually impaired passengers 
                to access the same information, and use the same 
                systems, offered to nonvisually impaired passengers 
                under sections 3(a)(2)(A)(iv) and 4(b)(2)(B) in a 
                manner that provides a comparable level of privacy, 
                independence, and substantially equivalent ease of use 
                to visually impaired passengers.
            (3) Passenger.--The term ``passenger'' means an individual 
        who is matched with a TNC driver by submitting to a 
        transportation network company a trip request using a TNC 
        platform.
            (4) Personal mobile device.--The term ``personal mobile 
        device'' means a mobile communications device used by an 
        individual to submit a trip request through a TNC platform.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (6) TNC driver.--The term ``TNC driver'' means an 
        individual who contracts with a transportation network company 
        to provide transportation services through a TNC platform in 
        exchange for compensation or payment of a fee.
            (7) TNC platform.--The term ``TNC platform'' means an 
        online-enabled application or digital network made available by 
        a transportation network company to connect passengers to TNC 
        drivers for the purpose of providing prearranged transportation 
        services.
            (8) TNC vehicle.--The term ``TNC vehicle'' means a vehicle 
        (also known as a ``ride-hailing vehicle'') that is--
                    (A) owned, leased, or otherwise authorized for use 
                by a TNC driver; and
                    (B) used by the TNC driver to provide to passengers 
                prearranged transportation services.
            (9) Transportation network company.--
                    (A) In general.--The term ``transportation network 
                company'' means a corporation, partnership, sole 
                proprietorship, or other entity that makes available a 
                TNC platform to connect passengers to TNC drivers in 
                exchange for compensation or payment of a fee in order 
                for the TNC driver to transport the passenger using a 
                TNC vehicle to a point chosen by the passenger.
                    (B) Exclusions.--The term ``transportation network 
                company'' does not include--
                            (i) a shared-expense carpool or vanpool 
                        arrangement that is not intended to generate 
                        profit for the driver; or
                            (ii) microtransit or other dedicated 
                        services provided exclusively on behalf of a 
                        government entity, a nonprofit organization, or 
                        a third-party commercial enterprise.
            (10) Verifiable information.--The term ``verifiable 
        information'' means data that--
                    (A) are shared among--
                            (i) a TNC platform;
                            (ii) a TNC driver authorized to use the TNC 
                        platform; and
                            (iii) a passenger using the TNC platform; 
                        and
                    (B) include--
                            (i) a personal authentication number 
                        confirmation;
                            (ii) a license plate confirmation; or
                            (iii) other information that may be used in 
                        a successor technology-based system.

SEC. 3. MINIMUM REQUIREMENTS FOR TRANSPORTATION NETWORK COMPANIES.

    (a) TNC Platform Systems.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, each transportation network company 
        shall establish and implement, within the TNC platform of the 
        transportation network company, a system and policy under which 
        the transportation network company shall provide to each 
        passenger using the TNC platform a digital method to verify, 
        prior to the beginning of the trip requested by the passenger, 
        that the TNC driver with whom the passenger has been matched 
        through the TNC platform has been authorized by the 
        transportation network company to accept the trip request.
            (2) Inclusions.--Each system under paragraph (1) shall 
        include--
                    (A)(i) an initial notification, containing 
                verifiable information specific to the applicable TNC 
                driver or TNC vehicle with which the applicable 
                passenger has been matched, that is--
                            (I) sent to the personal mobile device of 
                        the passenger; or
                            (II) otherwise communicated to the 
                        passenger;
                    (ii) a method by which the applicable passenger, 
                TNC driver, and TNC platform can confirm the verifiable 
                information matching the passenger to the TNC driver or 
                TNC vehicle prior to the beginning of the requested 
                trip;
                    (iii) a restriction imposed by the TNC platform 
                against any TNC driver from commencing a trip through 
                the TNC platform until the system is used--
                            (I) by the applicable passenger to verify 
                        the identity of the TNC driver; and
                            (II) by the applicable TNC driver to verify 
                        the identity of the passenger; and
                    (iv) a nonvisual method by which a passenger can 
                verify the identity of the applicable TNC driver in 
                accordance with this subparagraph; or
                    (B) as an alternative to a system described in 
                subparagraph (A), a successor technology-based system 
                that enables verification by the applicable passenger, 
                prior to the beginning of the trip requested by the 
                passenger, that the TNC driver with whom the passenger 
                has been matched through the TNC platform of the 
                transportation network company has been authorized by 
                the transportation network company to accept the trip 
                request.
    (b) Passenger Opt-Out.--A transportation network company may offer 
to passengers an option not to use the system of the transportation 
network company under subsection (a).
    (c) Exemptions.--This section shall not apply to any trip--
            (1) with respect to which a passenger elects under 
        subsection (b) to opt out of using the system of the relevant 
        transportation network company;
            (2) that is facilitated by a third party, including any 
        third-party commercial enterprise, nonprofit organization, or 
        government entity, for a passenger who is transported in a TNC 
        vehicle; or
            (3) with respect to which compliance with subsection (a) is 
        impracticable due to circumstances beyond the control of the 
        relevant transportation network company, including any instance 
        in which--
                    (A) the personal mobile device of a passenger has 
                failed to operate; or
                    (B) there exists degraded, reduced, or otherwise 
                insufficient cellular connectivity in order for the 
                system of a transportation network company under 
                subsection (a) to operate properly.
    (d) Authority of Secretary.--
            (1) Regulations.--The Secretary may promulgate such 
        regulations as the Secretary determines to be necessary to 
        carry out this section.
            (2) Inspection authority.--The Secretary may inspect such 
        records of a transportation network company as the Secretary 
        determines to be necessary to allow the Secretary to determine 
        whether the transportation network company achieves compliance 
        with the applicable requirements of this section.
    (e) Enforcement.--
            (1) In general.--Subject to paragraph (2), a transportation 
        network company that is in violation of an applicable 
        requirement of this section shall be liable to the United 
        States for a civil penalty in an amount equal to not more than 
        $5,000 per day of violation.
            (2) Knowing and willful violations.--A transportation 
        network company shall be liable to the United States for a 
        civil penalty in an amount equal to not more than $20,000 per 
        day of knowing and willful violation of an applicable 
        requirement of this section.
            (3) Compromise.--The Secretary may compromise the amount of 
        a civil penalty imposed under this subsection before referral 
        to the Attorney General.
            (4) Offset from federally owed amounts.--The Federal 
        Government may deduct the amount of a civil penalty imposed 
        under this subsection (including through compromise under 
        paragraph (3)) from any amounts owed by the Federal Government 
        to the transportation network company liable for the penalty.

SEC. 4. SUCCESSOR TECHNOLOGY-BASED SYSTEM PERFORMANCE STANDARDS.

    (a) Recommendations of Council.--Not later than 180 days after the 
date of establishment of the Council, the Council shall submit to the 
Secretary information regarding best practices and recommendations 
supported by the majority of the members of the Council concerning 
performance standards the Secretary may establish with respect to 
successor technology-based systems described in section 3(a)(2)(B).
    (b) Action by Secretary.--
            (1) In general.--Not later than one year after the date of 
        receipt of the recommendations of the Council under subsection 
        (a), the Secretary shall--
                    (A) review the recommendations;
                    (B) establish performance standards with respect to 
                successor technology-based systems described in section 
                3(a)(2)(B); and
                    (C) provide to each transportation network company 
                that elects to use a successor technology-based system 
                subject to a performance standard established under 
                subparagraph (B) a reasonable time to achieve 
                compliance with the applicable standards.
            (2) Requirements.--The standards established under 
        paragraph (1)(B) shall require, at a minimum, that--
                    (A) a successor technology-based system enables 
                verification by a passenger, prior to the beginning of 
                the trip requested by the passenger through a TNC 
                platform, that the TNC driver with whom the passenger 
                has been matched is authorized by the applicable 
                transportation network company to accept the trip 
                request;
                    (B) the protocols for verification described in 
                subparagraph (A) are visually accessible and 
                nonvisually accessible; and
                    (C) a transportation network company shall 
                implement a system incorporating a TNC driver education 
                and public awareness program relating to--
                            (i) the use of the successor technology-
                        based system; and
                            (ii) any required verifiable information.
            (3) Updates.--Not later than 180 days after the date of 
        establishment of performance standards under paragraph (1)(B), 
        and not less frequently than annually thereafter, the 
        Secretary--
                    (A) shall solicit input from the Council regarding 
                whether the performance standards should be updated or 
                expanded to incorporate new technological developments; 
                and
                    (B) may issue such amended performance standards as 
                the Secretary determines to be necessary to account for 
                new technological developments.
            (4) Interim standards.--
                    (A) In general.--During the period beginning on the 
                date of enactment of this Act and ending on the date on 
                which performance standards are established under 
                paragraph (1)(B), a transportation network company may 
                adopt and deploy any successor technology-based system 
                that enables passengers to verify, prior to the 
                beginning of the trip requested by the passenger, that 
                the TNC driver with whom the passenger has been matched 
                through the TNC platform has been authorized by the 
                transportation network company to accept the trip 
                request.
                    (B) Treatment.--A successor technology-based system 
                deployed pursuant to subparagraph (A) shall be 
                considered to meet the applicable requirements of 
                paragraph (2) during the period described in that 
                subparagraph, unless the Secretary determines that the 
                successor technology-based system is insufficient.
                    (C) Insufficiencies.--If the Secretary makes a 
                determination described in subparagraph (B) with 
                respect to a successor technology-based system deployed 
                by a transportation network company, the Secretary 
                shall provide to the transportation network company a 
                reasonable period to remedy the insufficiency.
            (5) Reports.--On initially establishing performance 
        standards under paragraph (1)(B), and not less frequently than 
        annually thereafter until the date of termination of the 
        Council under section 5(g)(2), the Secretary shall submit to 
        the Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives a report that describes--
                    (A)(i) the recommendations of the Council under 
                subsection (a); and
                    (ii) the consideration by the Secretary of those 
                recommendations, including the reasons why the 
                recommendations were accepted or not accepted, as 
                applicable;
                    (B) the performance standards established by the 
                Secretary under paragraph (1)(B), including any updates 
                to those standards under paragraph (3); and
                    (C) the rationale of the Secretary for establishing 
                those performance standards.

SEC. 5. SAFETY ACTIONS FOR MATCHING AND IDENTIFYING RIDE-SHARE 
              CUSTOMERS ADVISORY COUNCIL.

    (a) Establishment.--Subject to the availability of appropriations, 
not later than 90 days after the date of enactment of this Act, the 
Secretary shall establish a council, to be known as the ``Safety 
Actions for Matching and Identifying Ride-Share Customers Advisory 
Council'' or ``SAMI's Law Council'', to recommend to the Secretary 
performance standards the Secretary may establish with respect to 
successor technology-based systems described in section 3(a)(2)(B).
    (b) Membership.--
            (1) In general.--The Council shall be composed of 17 
        members to be appointed by the Secretary, comprised of the 
        following:
                    (A) One or more representatives of each of--
                            (i) the Department of Transportation;
                            (ii) the National Institute of Standards 
                        and Technology;
                            (iii) the Federal Trade Commission;
                            (iv) an association or trade group that 
                        represents technology companies, the membership 
                        of which includes 1 or more transportation 
                        network companies;
                            (v) an association or trade group that 
                        represents ground passenger transportation, the 
                        membership of which includes 1 or more 
                        transportation network companies; and
                            (vi) an organization that is--
                                    (I) comprised, and established for 
                                the benefit, of TNC drivers; and
                                    (II) present in not fewer than two 
                                States.
                    (B) Two or more representatives from each of--
                            (i) one national transportation network 
                        company and one small, local transportation 
                        network company;
                            (ii) one State government and one unit of 
                        local or Tribal government;
                            (iii) law enforcement agencies;
                            (iv) national organizations comprised, and 
                        established for the benefit, of individuals 
                        with disabilities; and
                            (v) ride-hailing victims advocacy groups.
            (2) Chairperson.--Of the members of the Council appointed 
        under paragraph (1)(A), the Secretary shall designate one to 
        serve as chairperson of the Council.
    (c) Term; Vacancies.--
            (1) Term.--A member of the Council shall serve for a term 
        of three years.
            (2) Vacancies.--A vacancy on the Council--
                    (A) shall not affect the powers of the Council; and
                    (B) shall be filled in the same manner as the 
                original appointment was made.
    (d) Compensation of Members.--
            (1) In general.--A member of the Council shall serve 
        without compensation.
            (2) Travel expenses.--A member of the Council shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for an employee of an agency 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from the home or regular place of business of 
        the member in the performance of the duties of the Council.
    (e) Technical Assistance.--On request of the Council, the Secretary 
shall provide such technical assistance as the Secretary determines to 
be necessary to enable the Council to carry out the duties of the 
Council.
    (f) Detail of DOT Employees.--
            (1) In general.--On receipt of a request from the Council, 
        the Secretary may detail to the Council any employee of the 
        Department of Transportation, with or without reimbursement.
            (2) Civil service status.--The detail of an employee under 
        paragraph (1) shall be without interruption or loss of civil 
        service status or privilege.
    (g) Review by Secretary.--
            (1) In general.--Beginning on the date that is 12 years 
        after the date of enactment of this Act, the Secretary shall 
        periodically review, and solicit public comment regarding, 
        whether the continued existence of the Council is necessary.
            (2) Termination of council.--On a determination by the 
        Secretary under paragraph (1) that the Council is no longer 
        necessary, the Secretary may--
                    (A) terminate the Council; and
                    (B) on termination of the Council under 
                subparagraph (A), update performance standards relating 
                to successor technologies as the Secretary determines 
                to be appropriate.

SEC. 6. PROHIBITION ON SALE OF RIDE-HAILING SIGNAGE.

    (a) Prohibition.--Except as provided in subsection (b), it shall be 
unlawful for any person to sell or offer for sale any signage that--
            (1) is designed to help a passenger to identify a TNC 
        vehicle; and
            (2)(A) contains a proprietary trademark or logo of a 
        transportation network company; or
            (B) purports to be signage of a transportation network 
        company.
    (b) Applicability.--Subsection (a) shall not apply to any person 
authorized by a transportation network company to sell or offer for 
sale signage of the transportation network company described in that 
subsection.
    (c) Enforcement.--
            (1) In general.--A violation of this section shall be 
        considered to be a violation of a rule defining an unfair or 
        deceptive act or practice prescribed under section 18(a)(1)(B) 
        of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
            (2) Action by ftc.--The Federal Trade Commission shall 
        enforce this section in the same manner, by the same means, and 
        with the same jurisdiction, powers, and duties as though all 
        applicable provisions of the Federal Trade Commission Act (15 
        U.S.C. 41 et seq.) are incorporated in this Act.
            (3) Treatment.--Any person who violates this section shall 
        be subject to the penalties, and entitled to the privileges and 
        immunities, provided in the Federal Trade Commission Act (15 
        U.S.C. 41 et seq.).
    (d) Savings Clause.--Nothing in this section limits the authority 
of the Federal Trade Commission under any other provision of law.

SEC. 7. GAO STUDY ON INCIDENCE OF ASSAULT AND ABUSE OF PASSENGERS, TNC 
              DRIVERS, AND DRIVERS OF OTHER FOR-HIRE VEHICLES.

    The Comptroller General of the United States shall--
            (1) conduct a study regarding the incidence of assault and 
        abuse perpetrated--
                    (A) against TNC drivers and drivers of other for-
                hire vehicles (including taxicabs) by passengers and 
                riders of for-hire vehicles; and
                    (B) against passengers and riders by TNC drivers or 
                drivers of other for-hire vehicles (including 
                taxicabs); and
            (2) not later than 14 months after the date of enactment of 
        this Act, submit to Congress a report that includes a 
        description of--
                    (A) the nature and specifics of any background 
                checks conducted on prospective TNC drivers of and 
                drivers of other for-hire vehicles (including 
                taxicabs), including any State and local laws requiring 
                those background checks;
                    (B) incidences in which--
                            (i) individuals who are not TNC drivers or 
                        drivers of other for-hire vehicles attempt to 
                        pose as TNC drivers or drivers of other for-
                        hire vehicles; or
                            (ii) passengers enter an incorrect vehicle, 
                        regardless of whether the vehicle is a TNC 
                        vehicle or other for-hire vehicle; and
                    (C)(i) efforts by--
                            (I) transportation network companies, 
                        taxicab companies, or for-hire vehicle 
                        companies to implement additional safety 
                        measures and practices; and
                            (II) State and local governments to require 
                        those measures; and
                    (ii) the efficacy of those efforts, practices, and 
                requirements.

SEC. 8. BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.
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