[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9423 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 9423
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
August 27, 2024
Mr. Smith of New Jersey (for himself, Mr. Suozzi, Mr. Wilson of South
Carolina, and Ms. Eshoo) 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. 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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