Sami’s Law

II 116TH CONGRESS 2D SESSION H. R. 4686 IN THE SENATE OF THE UNITED STATES JULY 30, 2020 Received AN ACT 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 Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:01 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4686.RDS H4686 kjohnson on DSK79L0C42PROD with BILLS 2 HR 4686 RDS SECTION 1. SHORT TITLE. 1 This Act may be cited as ‘‘Sami’s Law’’. 2 SEC. 2. MINIMUM REQUIREMENTS FOR RIDE-HAILING VE- 3 HICLES AND RIDE-HAILING COMPANIES. 4 (a) REQUIREMENTS FOR TNC PLATFORMS.—Not 5 later than 90 days after the date of enactment of this Act, 6 each transportation network company shall establish and 7 implement a system and policy within the transportation 8 network company’s TNC platform that shall make avail- 9 able to each passenger a digital method to verify that the 10 driver with whom the passenger has been matched through 11 the transportation network company’s TNC platform has 12 been authorized by the transportation network company 13 to accept the passenger’s trip request prior to the begin- 14 ning of the trip. Such system shall include— 15 (1)(A) an initial notification sent to the pas- 16 senger’s personal mobile device, or otherwise com- 17 municated to the passenger, containing verifiable in- 18 formation specific to the TNC driver or TNC vehicle 19 with which the passenger has been matched; 20 (B) the ability for the passenger, driver, and 21 TNC platform to confirm the verifiable information 22 matching the passenger to the authorized TNC driv- 23 er or TNC vehicle prior to the beginning of the trip; 24 (C) a TNC platform restriction on a TNC driv- 25 er from commencing a trip via the TNC platform 26 VerDate Sep 11 2014 23:01 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4686.RDS H4686 kjohnson on DSK79L0C42PROD with BILLS 3 HR 4686 RDS until both the passenger and the TNC driver verify 1 the other’s identity using the system; and 2 (D) a way for a passenger to use a non-visual 3 arrangement to verify the TNC driver under the sys- 4 tem used in accordance with this subparagraph; or 5 (2) as an alternative to implementing the sys- 6 tem required under paragraph (1), a transportation 7 network company may implement any successor 8 technology-based system that enables verification 9 that the driver with whom the passenger has been 10 matched through the transportation network com- 11 pany’s TNC platform has been authorized by the 12 transportation network company to accept the pas- 13 senger’s trip requests received through its digital 14 network prior to the beginning of the trip. 15 (b) OPT OUT.—A transportation network company 16 may offer a passenger an option not to use the system 17 that the transportation network company has implemented 18 under subsection (a). Any trip completed by a passenger 19 who opts not to use the system shall not be a violation 20 of this section. 21 (c) EXEMPTIONS.—This section shall not apply to 22 any trips in which— 23 (1) a third party, including any third-party 24 business, non-profit, or government entity, facilitates 25 VerDate Sep 11 2014 23:01 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4686.RDS H4686 kjohnson on DSK79L0C42PROD with BILLS 4 HR 4686 RDS the trip for the individual who is transported in the 1 TNC vehicle; or 2 (2) compliance with subsection (a) is impracti- 3 cable due to circumstances beyond a transportation 4 network company’s control, including instances 5 where a passenger’s personal mobile device has 6 failed to operate or there is degraded, reduced, or 7 otherwise insufficient cellular connectivity in order 8 for the system to properly operate. 9 SEC. 3. SUCCESSOR TECHNOLOGY PERFORMANCE STAND- 10 ARDS. 11 (1) PERFORMANCE STANDARDS.—Not later 12 than 180 days after the establishment of the 13 ‘‘SAMI’s Law Council’’ pursuant to section 4, such 14 Council shall recommend to the Secretary of Trans- 15 portation performance standards for the successor 16 technology-based systems permitted under section 17 2(a)(2) and the Secretary shall thereafter issue per- 18 formance standards consistent with the Council’s 19 recommendations and provide a reasonable time for 20 a TNC to comply. Such standards shall require, at 21 a minimum, that— 22 (A) any successor technology-based system 23 that enables the verification that the driver with 24 whom the passenger has been matched through 25 VerDate Sep 11 2014 23:01 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4686.RDS H4686 kjohnson on DSK79L0C42PROD with BILLS 5 HR 4686 RDS the TNC platform has been authorized by the 1 transportation network company to accept the 2 passenger’s trip request received through its 3 TNC platform prior to the beginning of the 4 trip; 5 (B) confirmation protocols are visually and 6 non-visually accessible; and 7 (C) a transportation network company im- 8 plement a system incorporating a driver edu- 9 cation and public awareness program related to 10 the use of its successor technology and its re- 11 quired verifiable information. 12 (2) UPDATING PERFORMANCE STANDARDS.— 13 Six months after the establishment of the perform- 14 ance standards required by this section, and, at a 15 minimum, annually thereafter, the Secretary shall 16 solicit input from the SAMI’s Law Council, estab- 17 lished under section 4, about whether the perform- 18 ance standards need to be updated or expanded to 19 incorporate new technological developments. The 20 Secretary may amend the performance standards to 21 account for new technological developments. 22 (3) INTERIM STANDARDS.—Prior to the adop- 23 tion of performance standards, a transportation net- 24 work company may adopt and deploy any other suc- 25 VerDate Sep 11 2014 23:01 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4686.RDS H4686 kjohnson on DSK79L0C42PROD with BILLS 6 HR 4686 RDS cessor technology-based system that enables a pas- 1 senger to verify that the driver with whom the pas- 2 senger has been matched through the transportation 3 network company’s platform has been authorized by 4 the transportation network company to accept the 5 passenger’s trip requests received through its plat- 6 form prior to the beginning of the trip. A successor 7 technology-based system deployed under this sub- 8 paragraph shall be considered to fulfill the require- 9 ments of section 2(a). A successor technology-based 10 system adopted under this section shall be presumed 11 to meet such requirements unless the Secretary de- 12 termines otherwise. If the Secretary makes such a 13 determination, a reasonable time to cure shall be 14 provided. 15 (4) REPORTS.—Upon first issuing performance 16 standards under paragraph (1), and each year there- 17 after, the Secretary shall transmit a report to the 18 Committee on Transportation and Infrastructure of 19 the House of Representatives and the Committee on 20 Commerce of the Senate detailing the performance 21 standards recommended by the SAMI’s Law Coun- 22 cil, established under section 4, and issued by the 23 Secretary under paragraph (1), including any up- 24 VerDate Sep 11 2014 23:01 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4686.RDS H4686 kjohnson on DSK79L0C42PROD with BILLS 7 HR 4686 RDS dates to such standards and explaining the rationale 1 for issuing such performance standards. 2 SEC. 4. SAFETY ACTIONS FOR MATCHING AND IDENTI- 3 FYING RIDE SHARE CUSTOMERS ADVISORY 4 COUNCIL. 5 (a) ESTABLISHMENT.—Subject to the availability of 6 appropriations, not later than 60 days after the date of 7 enactment of this Act, the Secretary shall establish the 8 Safety Actions for Matching and Identifying Ride Share 9 Customers’ Council (hereinafter referred to as the 10 ‘‘SAMI’s Law Council’’), an advisory council for the pur- 11 pose of developing recommended performance standards 12 for successor technology that will protect TNC passengers 13 and TNC drivers, as permitted under sections 2(a)(2) and 14 authorized under section 3. 15 (b) COMPOSITION OF THE ADVISORY COUNCIL.—The 16 advisory council shall be composed of the following mem- 17 bers: 18 (1) The Secretary of Transportation shall des- 19 ignate a representative from paragraph (2), who 20 shall serve as Council Chair. 21 (2) One representative, to be appointed by the 22 Secretary of Transportation, from each of the fol- 23 lowing: 24 VerDate Sep 11 2014 23:01 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4686.RDS H4686 kjohnson on DSK79L0C42PROD with BILLS 8 HR 4686 RDS (A) The National Highway Traffic Safety 1 Administration. 2 (B) The Federal Highway Administration. 3 (C) The National Institute of Standards 4 and Technology. 5 (D) The Federal Trade Commission. 6 (E) The Federal Aviation Administration. 7 (F) An association or trade group that 8 represents technology companies, whose mem- 9 bership includes at least one transportation net- 10 work company. 11 (G) An organization of and for TNC driv- 12 ers and present in at least two States. 13 (3) Two representatives, to be appointed by the 14 Secretary of Transportation, from each of the fol- 15 lowing: 16 (A) Transportation network companies. 17 (B) Law enforcement agencies. 18 (C) National organizations of and for peo- 19 ple with disabilities. 20 (D) Ride-haling victims advocacy groups. 21 (c) TERMS.—Members of the Council shall serve for 22 a term of 3 consecutive years. 23 (d) VACANCIES.—Any vacancy occurring in the mem- 24 bership of the Council shall be filled in the same manner 25 VerDate Sep 11 2014 23:01 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4686.RDS H4686 kjohnson on DSK79L0C42PROD with BILLS 9 HR 4686 RDS as the original appointment for the position being vacated. 1 The vacancy shall not affect the power of the remaining 2 members to execute the duties of the Council. 3 (e) DUTIES.—The Council shall gather and analyze 4 data, provide technical advice, and develop and present 5 best practices or recommendations supported by the ma- 6 jority of members of the Council to the Secretary of 7 Transportation regarding performance standards the Sec- 8 retary may adopt regarding any successor technology- 9 based system described in section 2(a)(2). 10 (f) TECHNICAL ASSISTANCE.—On request of the 11 Council, the Secretary shall provide such technical assist- 12 ance to the Council as the Secretary determines to be nec- 13 essary to carry out the Council’s duties. 14 (g) DETAIL OF FEDERAL EMPLOYEES.—On the re- 15 quest of the Council, the Secretary may detail, with or 16 without reimbursement, any employee of the Department 17 of Transportation to the Council to assist the Council in 18 carrying out its duties. The detail of any such employee 19 shall not interrupt or otherwise affect the civil service sta- 20 tus or privileges of the employee. 21 (h) PAYMENT AND EXPENSES.—Members of the 22 Council shall serve without pay, except travel and per diem 23 will be paid to each member for meetings called by the 24 Secretary. 25 VerDate Sep 11 2014 23:01 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4686.RDS H4686 kjohnson on DSK79L0C42PROD with BILLS 10 HR 4686 RDS (i) REVIEW.—Twelve years after the date of enact- 1 ment of this Act, the Secretary shall review, and solicit 2 public input, as to whether it is necessary for the Council 3 to remain in existence. The Secretary shall thereafter have 4 the authority to terminate the Council if the Secretary de- 5 termines that the Council is no longer necessary. If the 6 Secretary terminates the Council, the Secretary shall 7 maintain the authority to update performance standards 8 related to successor technology. 9 SEC. 5. PROHIBITION ON SALE OF RIDE-HAILING SIGNAGE. 10 It shall be unlawful for any person to sell or offer 11 for sale any signage that is designed to help a passenger 12 identify a transportation network company vehicle and— 13 (1) contains a transportation network com- 14 pany’s proprietary trademark or logo, or 15 (2) purports to be that of a transportation net- 16 work company, 17 unless such person is the transportation network company 18 associated with such proprietary trademark or logo or au- 19 thorized by the transportation network company to sell or 20 offer for sale such signage. 21 SEC. 6. ENFORCEMENT. 22 (a) VIOLATIONS OF SECTION 2.—The Secretary is 23 authorized to issue a penalty to a transportation network 24 company of up to $5,000 per each day of non-compliance 25 VerDate Sep 11 2014 23:01 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4686.RDS H4686 kjohnson on DSK79L0C42PROD with BILLS 11 HR 4686 RDS with section 2 and a penalty of up to $20,000 per each 1 day of non-compliance with section 2 when such non-com- 2 pliance is knowing and willful. With regards to a violation 3 relating to any successor technology-based system used by 4 a transportation network company permitted under sec- 5 tion 2(1)(5), the Secretary shall rely on whether such sys- 6 tem meets the performance standards issued under section 7 3. 8 (b) VIOLATIONS OF SECTION 5.— 9 (1) IN GENERAL.—A violation of section 5 shall 10 be treated as a violation of a rule defining an unfair 11 or deceptive act or practice prescribed under section 12 18(a)(1)(B) of the Federal Trade Commission Act 13 (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Com- 14 mission shall enforce this Act in the same manner, 15 by the same means, and with the same jurisdiction, 16 powers, and duties as though all applicable terms 17 and provisions of the Federal Trade Commission Act 18 (15 U.S.C. 41 et seq.) were incorporated into and 19 made a part of this Act. Any person who violates 20 section 5 shall be subject to the penalties and enti- 21 tled to the privileges and immunities provided in the 22 Federal Trade Commission Act (15 U.S.C. 41 et 23 seq.). 24 VerDate Sep 11 2014 23:01 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4686.RDS H4686 kjohnson on DSK79L0C42PROD with BILLS 12 HR 4686 RDS (2) SAVINGS CLAUSE.—Nothing in this Act 1 shall be construed to limit the authority of the Fed- 2 eral Trade Commission under any other provision of 3 law. 4 SEC. 7. G.A.O. STUDY ON THE INCIDENCE OF ASSAULT AND 5 ABUSE OF PASSENGERS AND DRIVERS OF 6 TNC VEHICLES, TAXICABS, AND OTHER FOR- 7 HIRE VEHICLES. 8 The Comptroller General of the United States shall 9 conduct a study on the incidence of assault and abuse per- 10 petrated on drivers by passengers of TNC vehicles [Text truncated for display. Full text available on Congress.gov.]