Text: H.R.4686 — 116th Congress (2019-2020)All Information (Except Text)

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Received in Senate (07/30/2020)

 
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4686 Received in Senate (RDS)]

<DOC>
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 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. MINIMUM REQUIREMENTS FOR RIDE-HAILING VEHICLES AND RIDE-HAILING 
              COMPANIES.

    (a) Requirements for TNC Platforms.--Not later than 90 days after 
the date of enactment of this Act, each transportation network company 
shall establish and implement a system and policy within the 
transportation network company's TNC platform that shall make available 
to each passenger a digital method to verify that the driver with whom 
the passenger has been matched through the transportation network 
company's TNC platform has been authorized by the transportation 
network company to accept the passenger's trip request prior to the 
beginning of the trip. Such system shall include--
            (1)(A) an initial notification sent to the passenger's 
        personal mobile device, or otherwise communicated to the 
        passenger, containing verifiable information specific to the 
        TNC driver or TNC vehicle with which the passenger has been 
        matched;
            (B) the ability for the passenger, driver, and TNC platform 
        to confirm the verifiable information matching the passenger to 
        the authorized TNC driver or TNC vehicle prior to the beginning 
        of the trip;
            (C) a TNC platform restriction on a TNC driver from 
        commencing a trip via the TNC platform until both the passenger 
        and the TNC driver verify the other's identity using the 
        system; and
            (D) a way for a passenger to use a non-visual arrangement 
        to verify the TNC driver under the system used in accordance 
        with this subparagraph; or
            (2) as an alternative to implementing the system required 
        under paragraph (1), a transportation network company may 
        implement any successor technology-based system that enables 
        verification that the driver with whom the passenger has been 
        matched through the transportation network company's TNC 
        platform has been authorized by the transportation network 
        company to accept the passenger's trip requests received 
        through its digital network prior to the beginning of the trip.
    (b) Opt Out.--A transportation network company may offer a 
passenger an option not to use the system that the transportation 
network company has implemented under subsection (a). Any trip 
completed by a passenger who opts not to use the system shall not be a 
violation of this section.
    (c) Exemptions.--This section shall not apply to any trips in 
which--
            (1) a third party, including any third-party business, non-
        profit, or government entity, facilitates the trip for the 
        individual who is transported in the TNC vehicle; or
            (2) compliance with subsection (a) is impracticable due to 
        circumstances beyond a transportation network company's 
        control, including instances where a passenger's personal 
        mobile device has failed to operate or there is degraded, 
        reduced, or otherwise insufficient cellular connectivity in 
        order for the system to properly operate.

SEC. 3. SUCCESSOR TECHNOLOGY PERFORMANCE STANDARDS.

            (1) Performance standards.--Not later than 180 days after 
        the establishment of the ``SAMI's Law Council'' pursuant to 
        section 4, such Council shall recommend to the Secretary of 
        Transportation performance standards for the successor 
        technology-based systems permitted under section 2(a)(2) and 
        the Secretary shall thereafter issue performance standards 
        consistent with the Council's recommendations and provide a 
        reasonable time for a TNC to comply. Such standards shall 
        require, at a minimum, that--
                    (A) any successor technology-based system that 
                enables the verification that the driver with whom the 
                passenger has been matched through the TNC platform has 
                been authorized by the transportation network company 
                to accept the passenger's trip request received through 
                its TNC platform prior to the beginning of the trip;
                    (B) confirmation protocols are visually and non-
                visually accessible; and
                    (C) a transportation network company implement a 
                system incorporating a driver education and public 
                awareness program related to the use of its successor 
                technology and its required verifiable information.
            (2) Updating performance standards.--Six months after the 
        establishment of the performance standards required by this 
        section, and, at a minimum, annually thereafter, the Secretary 
        shall solicit input from the SAMI's Law Council, established 
        under section 4, about whether the performance standards need 
        to be updated or expanded to incorporate new technological 
        developments. The Secretary may amend the performance standards 
        to account for new technological developments.
            (3) Interim standards.--Prior to the adoption of 
        performance standards, a transportation network company may 
        adopt and deploy any other successor technology-based system 
        that enables a passenger to verify that the driver with whom 
        the passenger has been matched through the transportation 
        network company's platform has been authorized by the 
        transportation network company to accept the passenger's trip 
        requests received through its platform prior to the beginning 
        of the trip. A successor technology-based system deployed under 
        this subparagraph shall be considered to fulfill the 
        requirements of section 2(a). A successor technology-based 
        system adopted under this section shall be presumed to meet 
        such requirements unless the Secretary determines otherwise. If 
        the Secretary makes such a determination, a reasonable time to 
        cure shall be provided.
            (4) Reports.--Upon first issuing performance standards 
        under paragraph (1), and each year thereafter, the Secretary 
        shall transmit a report to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce of the Senate detailing the performance 
        standards recommended by the SAMI's Law Council, established 
        under section 4, and issued by the Secretary under paragraph 
        (1), including any updates to such standards and explaining the 
        rationale for issuing such performance standards.

SEC. 4. SAFETY ACTIONS FOR MATCHING AND IDENTIFYING RIDE SHARE 
              CUSTOMERS ADVISORY COUNCIL.

    (a) Establishment.--Subject to the availability of appropriations, 
not later than 60 days after the date of enactment of this Act, the 
Secretary shall establish the Safety Actions for Matching and 
Identifying Ride Share Customers' Council (hereinafter referred to as 
the ``SAMI's Law Council''), an advisory council for the purpose of 
developing recommended performance standards for successor technology 
that will protect TNC passengers and TNC drivers, as permitted under 
sections 2(a)(2) and authorized under section 3.
    (b) Composition of the Advisory Council.--The advisory council 
shall be composed of the following members:
            (1) The Secretary of Transportation shall designate a 
        representative from paragraph (2), who shall serve as Council 
        Chair.
            (2) One representative, to be appointed by the Secretary of 
        Transportation, from each of the following:
                    (A) The National Highway Traffic Safety 
                Administration.
                    (B) The Federal Highway Administration.
                    (C) The National Institute of Standards and 
                Technology.
                    (D) The Federal Trade Commission.
                    (E) The Federal Aviation Administration.
                    (F) An association or trade group that represents 
                technology companies, whose membership includes at 
                least one transportation network company.
                    (G) An organization of and for TNC drivers and 
                present in at least two States.
            (3) Two representatives, to be appointed by the Secretary 
        of Transportation, from each of the following:
                    (A) Transportation network companies.
                    (B) Law enforcement agencies.
                    (C) National organizations of and for people with 
                disabilities.
                    (D) Ride-haling victims advocacy groups.
    (c) Terms.--Members of the Council shall serve for a term of 3 
consecutive years.
    (d) Vacancies.--Any vacancy occurring in the membership of the 
Council shall be filled in the same manner as the original appointment 
for the position being vacated. The vacancy shall not affect the power 
of the remaining members to execute the duties of the Council.
    (e) Duties.--The Council shall gather and analyze data, provide 
technical advice, and develop and present best practices or 
recommendations supported by the majority of members of the Council to 
the Secretary of Transportation regarding performance standards the 
Secretary may adopt regarding any successor technology-based system 
described in section 2(a)(2).
    (f) Technical Assistance.--On request of the Council, the Secretary 
shall provide such technical assistance to the Council as the Secretary 
determines to be necessary to carry out the Council's duties.
    (g) Detail of Federal Employees.--On the request of the Council, 
the Secretary may detail, with or without reimbursement, any employee 
of the Department of Transportation to the Council to assist the 
Council in carrying out its duties. The detail of any such employee 
shall not interrupt or otherwise affect the civil service status or 
privileges of the employee.
    (h) Payment and Expenses.--Members of the Council shall serve 
without pay, except travel and per diem will be paid to each member for 
meetings called by the Secretary.
    (i) Review.--Twelve years after the date of enactment of this Act, 
the Secretary shall review, and solicit public input, as to whether it 
is necessary for the Council to remain in existence. The Secretary 
shall thereafter have the authority to terminate the Council if the 
Secretary determines that the Council is no longer necessary. If the 
Secretary terminates the Council, the Secretary shall maintain the 
authority to update performance standards related to successor 
technology.

SEC. 5. PROHIBITION ON SALE OF RIDE-HAILING SIGNAGE.

    It shall be unlawful for any person to sell or offer for sale any 
signage that is designed to help a passenger identify a transportation 
network company vehicle and--
            (1) contains a transportation network company's proprietary 
        trademark or logo, or
            (2) purports to be that of a transportation network 
        company,
unless such person is the transportation network company associated 
with such proprietary trademark or logo or authorized by the 
transportation network company to sell or offer for sale such signage.

SEC. 6. ENFORCEMENT.

    (a) Violations of Section 2.--The Secretary is authorized to issue 
a penalty to a transportation network company of up to $5,000 per each 
day of non-compliance with section 2 and a penalty of up to $20,000 per 
each day of non-compliance with section 2 when such non-compliance is 
knowing and willful. With regards to a violation relating to any 
successor technology-based system used by a transportation network 
company permitted under section 2(1)(5), the Secretary shall rely on 
whether such system meets the performance standards issued under 
section 3.
    (b) Violations of Section 5.--
            (1) In general.--A violation of section 5 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 5 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.).
            (2) Savings clause.--Nothing in this Act shall be construed 
        to limit the authority of the Federal Trade Commission under 
        any other provision of law.

SEC. 7. G.A.O. STUDY ON THE INCIDENCE OF ASSAULT AND ABUSE OF 
              PASSENGERS AND DRIVERS OF TNC VEHICLES, TAXICABS, AND 
              OTHER FOR-HIRE VEHICLES.

    The Comptroller General of the United States shall conduct a study 
on the incidence of assault and abuse perpetrated on drivers by 
passengers of TNC vehicles, taxicabs, and other for-hire vehicles, and 
on such passengers by drivers of TNC vehicles, taxicabs, and other for-
hire vehicles. The Comptroller General 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 on prospective drivers of TNC vehicles, taxicabs, and 
        other for-hire vehicles, including any State and local laws 
        which may require such background checks;
            (2) incidences where individuals who are not TNC drivers, 
        taxicab drivers, or other for-hire vehicle drivers try to pose 
        as TNC drivers, taxicab drivers, or other for-hire vehicle 
        drivers;
            (3) incidences of passengers entering the wrong vehicle, 
        whether or not the vehicle was a TNC vehicle, taxicab, and 
        other for-hire vehicle; and
            (4) efforts by transportation network companies, taxicab 
        companies, or for-hire vehicle 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.

SEC. 8. DEFINITIONS.

    For purposes of this Act--
            (1) the terms ``non-visual'' and ``non-visually 
        accessible'', with regards to the system required under 
        sections 2(a)(1)(D) and 3(1)(B) mean digital content that--
                    (A) meets the success criteria of the Web Content 
                Accessibility Guidelines (WCAG) 2.0, Level AA, and any 
                successor to or revision of such guidelines that has 
                been incorporated into the Section 508 standards issued 
                by the United States Access Board, including, to the 
                extent applicable, the Web Accessibility Initiative - 
                Accessible Rich Internet Applications (WAI-ARIA); or
                    (B) allows a blind or visually impaired passenger 
                to access the same information, and utilize the same 
                system offered to other passengers as required under 
                Sections 2(a)(1)(D) and 3(1)(B) in a way that provides 
                a comparable level of privacy, independence and 
                substantially equivalent ease of use to the passenger;
            (2) the term ``passenger'' means an individual who is 
        matched with a TNC driver by using a TNC platform;
            (3) the term ``personal mobile device'' means any mobile 
        device that an individual uses to connect to a TNC platform;
            (4) The term ``Secretary'' means the Secretary of 
        Transportation;
            (5) the term ``TNC driver'' means an individual who 
        contracts with a transportation network company and provides 
        transportation services to passengers;
            (6) the term ``TNC platform'' means an online-enabled 
        application or digital network made available by a 
        transportation network company to connect riders to TNC drivers 
        for the purpose of providing pre-arranged 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 pre-arranged 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 makes available 
                an online-enabled application or digital network to 
                connect passengers to TNC drivers in order for the 
                driver to transport the passenger using a vehicle 
                owned, leased, or otherwise authorized for use by the 
                driver to a point chosen by the passenger; and
                    (B) does not include a shared-expense carpool or 
                vanpool arrangement that is not intended to generate 
                profit for the driver; and
            (9) the term ``verifiable information'' means data shared 
        between a TNC platform, TNC driver, and passenger that includes 
        a personal authentication number confirmation system, a license 
        plate confirmation system, or a successor technology system.

SEC. 9. DETERMINATION OF 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.

            Passed the House of Representatives July 29, 2020.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.

                               By Gloria J. Lett,

                                                          Deputy Clerk.

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