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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4686 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 4686

  To amend title 23, United States Code, to compel States to require 
   illuminated signs and other measures on ride-hailing vehicles, to 
 prohibit the sale of such signs, to require ride-hailing companies to 
    implement an electronic access system on ride-hailing vehicles.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 15, 2019

  Mr. Smith of New Jersey (for himself and Mr. Suozzi) introduced the 
 following bill; which was referred to the Committee on Transportation 
  and Infrastructure, and in addition to the Committee on Energy and 
Commerce, 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 amend title 23, United States Code, to compel States to require 
   illuminated signs and other measures on ride-hailing vehicles, to 
 prohibit the sale of such signs, to require ride-hailing companies to 
    implement an electronic access system on ride-hailing vehicles.

    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. SANCTIONS FOR STATES WITHOUT RIDE-HAILING VEHICLE 
              IDENTIFICATION LAWS.

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 171. Sanctions for States without transportation network company 
              vehicle identification laws
    ``(a) Withholding of Funds for Noncompliance.--
            ``(1) First fiscal year.--On the first day of the fiscal 
        year that is two years after the date of enactment of this 
        section, the Secretary shall withhold 1 percent of the amount 
        required to be apportioned to a State under each of paragraphs 
        (1) and (2) of section 104(b) if the State does not meet the 
        requirements of subsection (b) on the first day of the fiscal 
        year.
            ``(2) Subsequent fiscal years.--On the first day of each 
        fiscal year beginning 3 years after the date of enactment of 
        this section, the Secretary shall withhold 2.5 percent of the 
        amount required to be apportioned to a State under each of 
        paragraphs (1) and (2) of section 104(b) if the State does not 
        meet the requirements of subsection (b) on the first day of the 
        fiscal year.
            ``(3) Effect of withholding of funds.--No funds withheld 
        under this subsection from apportionment to any State shall be 
        available at any point for apportionment to that State.
    ``(b) Requirements.--A State meets the requirements of this 
subsection if the Governor of the State certifies to the Secretary that 
the State has enacted and is enforcing the following laws with respect 
to TNC drivers and TNC vehicles operating in that State:
            ``(1) Front and rear license plates.--A law requiring that 
        every TNC vehicle has a duly issued general State license plate 
        on both the front and rear of the vehicle.
            ``(2) Inspection and sign requirements.--A law requiring 
        TNC drivers to present TNC vehicles for inspection not later 
        than 180 days after the date of enactment of such laws (unless 
        the State has enacted and is enforcing a law meeting the 
        requirements of this subsection on the date of enactment of 
        this section) and annually thereafter. Such law shall include 
        the following:
                    ``(A) A provision requiring each TNC driver to 
                affix the stickers containing the optical code or label 
                provided to that driver (pursuant to section 3(1)(A) of 
                Sami's Law) on each window of the TNC driver's vehicle 
                adjacent to where passengers may sit.
                    ``(B) A provision that requires periodic safety 
                inspections of the TNC vehicle performed at intervals 
                of at least once each year.
                    ``(C) A provision that requires each TNC vehicle to 
                display a consistent and distinctive sign at all times 
                when the TNC driver is active on the TNC digital 
                platform or providing any prearranged transportation 
                service. Such sign--
                            ``(i) shall include the transportation 
                        network company's proprietary trademark or 
                        logo;
                            ``(ii) shall be readable during daylight 
                        hours at a distance of 50 feet;
                            ``(iii) shall be illuminated so that it is 
                        patently visible in darkness; and
                            ``(iv) may be magnetic or removable in 
                        nature.
                    ``(D) A provision that does not permit a TNC driver 
                to provide TNC services if the TNC vehicle does not 
                pass such inspection.
            ``(3) Unlawful display.--A law that prohibits an individual 
        who is not a TNC driver for a transportation network company 
        from displaying on any vehicle the sign described in paragraph 
        (2)(C) that is affiliated with that company on any vehicle with 
        the intent to pass himself or herself off as a TNC driver 
        operating a TNC vehicle for the transportation network company 
        affiliated with that sign.
    ``(c) Definitions.--As used in this section--
            ``(1) the term `TNC driver' means an individual who is 
        employed or contracted by a transportation network company to 
        provide transportation services to the public through a TNC 
        platform;
            ``(2) the term `TNC platform' means an online-enabled 
        application or digital network used to connect riders to TNC 
        drivers for the purpose of providing prearranged transportation 
        services;
            ``(3) the term `TNC vehicle' means a vehicle owned, leased, 
        or otherwise authorized for use by TNC driver that the TNC 
        driver uses to provide TNC services, also known as a ride-
        hailing vehicle; and
            ``(4) the term `transportation network company'--
                    ``(A) 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) does not include a shared-expense carpool or 
                vanpool arrangement that is not intended to generate 
                profit for the driver.''.

SEC. 3. ACCESS AND OTHER REQUIREMENTS FOR RIDE-HAILING VEHICLES AND 
              RIDE-HAILING COMPANIES.

    Not later than 180 days after the date of enactment of this Act, 
each transportation network company shall establish and implement the 
following system, prohibition, requirement, and policy:
            (1) A system that enables each individual who uses a TNC 
        platform to verify the identity of the TNC driver who is 
        provided to such individual via that TNC platform, and such TNC 
        driver to confirm the identity of such individual prior to the 
        beginning of a trip. Such system shall include the following:
                    (A) A machine-readable code or image, such as a QR 
                code (or successor technology), that can be scanned by 
                the individual hailing such driver, using a personal 
                mobile device with a built-in camera. The 
                transportation network company shall provide to each 
                TNC driver forward-facing window stickers containing 
                such code or label.
                    (B) The ability, within the transportation network 
                company's TNC platform, to--
                            (i) provide a means by which each 
                        individual who is assigned a TNC driver via 
                        such platform must, except where such 
                        individual chooses to use a personal 
                        authentication number as provided in clause 
                        (ii), scan the unique machine-readable code or 
                        label displayed on the window sticker of the 
                        TNC vehicle to confirm the identity of the TNC 
                        driver who is assigned to the individual, using 
                        the TNC platform on the individual's personal 
                        mobile device, prior to entering the vehicle;
                            (ii) provide a means by which such 
                        individual may opt out of using the machine-
                        readable code or image and instead choose to 
                        use a randomly generated 4 digit personal 
                        authentication number as described in 
                        subparagraph (C);
                            (iii) restrict each TNC driver from 
                        commencing a trip by withholding from such 
                        driver the destination of the individual 
                        assigned that TNC driver until the individual 
                        verifies the identity of the TNC driver by 
                        scanning the code or label, or in the case of 
                        an individual who opts to use a personal 
                        authentication number, as provided in clause 
                        (ii), until the driver successfully verifies 
                        the identity of the individual by entering the 
                        individual's personal authentication number 
                        into the TNC driver's TNC platform, as 
                        described in subparagraph (C); and
                            (iv) provide a means by which each 
                        individual who is assigned a TNC driver via 
                        such platform may confirm visually and non-
                        visually that their correct personal 
                        authentication number has been entered into the 
                        TNC driver's platform.
                    (C) The means to provide, through the TNC platform, 
                or by another means if the individual used a means 
                other than such platform to request a TNC driver, each 
                individual who is assigned a TNC driver via such 
                platform and who opts out of using the machine-readable 
                code or image, as provided in subparagraph (B)(ii), a 
                personal authentication number for each trip requested 
                by the individual which may be displayed on the 
                personal mobile device of the individual who is 
                assigned a TNC driver in such a fashion that either the 
                TNC driver is able to read and enter the personal 
                authentication number into the TNC driver's platform or 
                such individual can read and orally communicate the 
                personal authentication number to the TNC driver.
                    (D) The means by which a TNC driver can enter the 
                personal authentication number assigned to an 
                individual into the TNC platform of such driver, when 
                provided such number by such individual, to verify the 
                identity of the individual and be enabled to commence 
                the trip by receiving the destination of the 
                individual.
            (2) A prohibition on a TNC driver from providing TNC 
        services if the TNC vehicle of that driver does not pass 
        inspections required by the State in which the TNC driver's 
        vehicle is licenced.
            (3) A requirement that all TNC vehicles display a 
        consistent and distinctive sign provided by the transportation 
        network company at all times when the TNC driver is active on 
        the TNC digital platform or providing any TNC service. Such 
        sign--
                    (A) shall include the transportation network 
                company's proprietary trademark or logo;
                    (B) shall be readable during daylight hours at a 
                distance of 50 feet;
                    (C) shall be illuminated so that it is patently 
                visible in darkness; and
                    (D) may be magnetic or removable in nature.
            (4) A policy to require that any sign described in 
        paragraph (3) be returned to the transportation network company 
        when a TNC driver ceases to be employed or contracted by such 
        company.
            (5) A requirement that all aspects of the TNC platform are 
        non-visually accessible.

SEC. 4. PROHIBITION ON SALE OF RIDE-HAILING SIGN.

    It shall be unlawful for any person other than a transportation 
network company to sell or offer for sale any sign described in section 
3(3).

SEC. 5. UNFAIR OR DECEPTIVE ACT OR PRACTICE.

    A violation of a section 3 or 4 shall be treated as 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)). The Federal Trade Commission shall enforce this Act in 
the same manner, by the same means, and with the same jurisdiction, 
powers, and duties as though all applicable terms and provisions of the 
Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated 
into and made a part of this Act. Any person who violates section 3 or 
section 4 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.).

SEC. 6. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``machine-readable code or image'' means a 
        machine-readable optical label that is unique to each TNC 
        driver and the vehicle of such TNC driver and can be scanned 
        using a personal mobile device with a built-in camera;
            (2) the term ``non-visually accessible'' refers to digital 
        content that meets the success criteria of the Web Content 
        Accessibility Guidelines (WCAG) 2.1, Level AA, including the 
        Web Accessibility Initiative-Accessible Rich Internet 
        Applications (WAI-ARIA), and any successor to or revision of 
        such guidelines;
            (3) the term ``personal mobile device'' means any mobile 
        device that an individual uses to connect to a TNC platform;
            (4) the term ``QR code'' means a machine-readable code or 
        image also known as a quick response code and consists of a 
        matrix or two-dimensional barcode;
            (5) the term ``TNC driver'' means an individual who is 
        employed or contracted by a transportation network company to 
        provide transportation services to the public through a TNC 
        platform;
            (6) the term ``TNC platform'' means an online-enabled 
        application or digital network used to connect riders to TNC 
        drivers for the purpose of providing prearranged transportation 
        services;
            (7) the term ``TNC vehicle'' means a vehicle owned, leased, 
        or otherwise authorized for use by TNC driver that the TNC 
        driver uses to provide prearranged transportation services, 
        also known as a ride-hailing vehicle; and
            (8) the term ``transportation network company''--
                    (A) 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) does not include a shared-expense carpool or 
                vanpool arrangement that is not intended to generate 
                profit for the driver.

SEC. 7. G.A.O. STUDY ON THE INCIDENCE OF ASSAULT AND ABUSE OF RIDE-
              HAILING RIDERS AND DRIVERS.

    The Comptroller General of the United States shall conduct a study 
on the incidence of assault and abuse perpetrated on drivers by riders 
using ride-hailing vehicles, and on such riders by drivers of ride-
hailing vehicles, and shall submit a report to Congress not later than 
one year after the date of enactment of this Act. The report shall also 
examine--
            (1) the nature and specifics of any background checks 
        conducted by ride-haling companies on potential drivers, 
        including any State laws which may require such background 
        checks;
            (2) incidences where individuals who are not ride-hailing 
        drivers try to pose as ride-hailing drivers;
            (3) incidences of ride-hailing passengers entering the 
        wrong vehicle, whether or not the vehicle was a ride-hailing 
        vehicle; and
            (4) efforts by ride-hailing companies to implement 
        additional safety measures and practices and of State and local 
        governments requiring such measures, and the efficacy of those 
        efforts, practices, and requirements.
                                 <all>
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