July 29, 2020 - Issue: Vol. 166, No. 134 — Daily Edition116th Congress (2019 - 2020) - 2nd Session

[Pages H3921-H3927]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               SAMI'S LAW

  Mr. DeFAZIO. Madam Speaker, I move to suspend the rules and pass the 
bill (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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4686

       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

[[Page H3922]]

     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

[[Page H3923]]

     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.
  Amend the title so as to read: ``A bill to require ride-hailing 
    companies to implement an enhanced digital system to verify 
    passengers with their authorized ride-hailing vehicles and 
    drivers.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Oregon (Mr. DeFazio) and the gentleman from Illinois (Mr. Rodney Davis) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Oregon.


                             General Leave

  Mr. DeFAZIO. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and to insert extraneous material on H.R. 4686, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Oregon?
  There was no objection.
  Mr. DeFAZIO. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise in strong support of H.R. 4686, Sami's Law. 
This legislation marks the first step in Federal oversight of the 
safety of transportation network companies.
  I particularly applaud the gentleman from New Jersey, Representative 
Smith, and the gentleman from New York, Representative Suozzi, for 
introducing legislation on this subject and tenaciously working through 
many iterations of the bill in order to bring it to the floor of the 
House with strong support.
  Mobility and transportation patterns in cities have been upended in 
recent years by companies that, through transformative technology 
platforms, have revolutionized how we travel. In a very short time, 
many people have come to rely on TNCs as a regular transportation 
option. These services, however, have operated with little 
transportation safety or regulatory oversight.
  There are many aspects of TNCs that the Committee on Transportation 
has examined, including their impacts on congestion, their impacts on 
wages, their impacts on public transportation use. We held a hearing 
last October in which a range of troubling aspects of the TNC model 
were brought to light. We had hoped at that hearing to explore the 
safety issues, but neither Uber nor Lyft would come to the hearing.
  The committee included provisions in H.R. 2, as passed by the House 
earlier this month, that focused on how to put some guardrails around 
this new ``mobility on demand'' model to ensure these services 
supplement, rather than compete, with transit services.
  But today, in this legislation, we focus on the most critical and 
challenging policy aspect of the TNC model: how to ensure the safety of 
passengers and drivers who utilize a ride-hailing platform.
  This bill is known as Sami's Law in honor of Samantha Josephson, a 
21-year-old college student who was brutality murdered after she 
entered a car which was mistakenly identified as the Uber she had 
hailed.
  I met with her parents, Seymour and Marci Josephson, and heard their 
heart-wrenching story firsthand of how this split-second decision to 
enter that vehicle cost their daughter her life. They have worked 
tirelessly on the legislation before us today so that millions of other 
ride-hailing services users can do so with safety protections in place.
  It is appalling that it took this tragedy for TNCs to admit that 
developing an app connecting passengers and drivers through technology 
and hoping for the best is woefully insufficient as a safety protocol. 
I am glad that Uber and Lyft were finally willing to come to the table 
and agree to the basic safety precautions contained in H.R. 4686.
  This bill requires TNCs, within 90 days of enactment, to establish 
and implement a digital means for passengers to verify that the driver 
has been authorized by the TNC to accept the passenger's trip request 
prior to the start of the trip or the person entering the car.
  Such a system must include the ability for the passenger, the driver, 
and the TNC platform to confirm the information matching the passenger 
and the authorized TNC driver or TNC vehicle and the ability to 
restrict the trip from commencing until both the passenger and TNC 
driver verify the other's identity using the system.
  The bill further ensures that TNCs will be able to continue to 
improve and innovate ways to maximize passenger and driver safety by 
establishing a process for the Secretary of Transportation to issue 
performance standards for successor verification technologies.
  The bill also establishes an advisory council of Federal officials, 
representatives of TNCs, TNC drivers, law enforcement, victims' 
advocacy groups, and individuals with disabilities to develop 
recommendations on successor technologies.
  The bill further prohibits the sale of any signage that is designed 
to help a passenger identify a TNC vehicle and contains a TNC's 
proprietary trademark or logo, unless authorized by the TNC.
  During our hearing last fall, I just went on to Amazon and I found I 
could have had delivered by Prime, in 2 days, a lighted sign to put on 
my dashboard that I would plug into the cigarette lighter saying I was 
an Uber or Lyft driver. That has got to stop.
  Finally, the bill directs the Government Accountability Office to 
conduct a study on the incidence of assaults on TNC passengers, TNC 
drivers, and

[[Page H3924]]

background checks conducted on prospective drivers of TNC vehicles, 
including State and local laws which may require such background 
checks.
  I have been focused on the potential danger of pairing passengers 
with poorly vetted drivers for years. In 2015, I wrote to then-Uber CEO 
Travis Kalanick urging the company to conduct fingerprint-based 
background checks.

                              {time}  1345

  In my district, dozens of applicants with serious criminal 
convictions, including a convicted murderer, a registered sex offender, 
and 10 people with serious DUIs, were cleared, they were cleared 
through Uber and Lyft's screening process, and they were driving people 
around. It wasn't until the local police department in my State--we are 
the only State who hasn't been preempted by Uber and Lyft from going 
further than their very cursory background checks--the police conducted 
the same background checks that they would conduct for taxi drivers in 
the city, and then they found the murderer, the sex offender, and the 
others, and those people were removed from service. That just shouldn't 
ever happen.
  Strong and thorough vetting of potential drivers is the first line of 
defense to ensure passenger safety. While the study initiated by this 
bill will yield important data, I believe we will ultimately have to do 
more to truly protect the ride-hailing community. It will do little 
good to verify that you have the right driver if that driver has a 
history and the desire to do harm to passengers.
  Lawmakers at the State, Federal, and local level need to think beyond 
whether ride-hailing gets people from point A to point B, and work to 
ensure that TNCs deliver a public service equitably and safely, and it 
is not a race to the bottom by exploiting drivers. This bill is an 
important step in setting an appropriate regulatory floor.
  I thank those I mentioned earlier for bringing this legislation 
before the House, and I urge my colleagues to support its passage.
  Madam Speaker, I reserve the balance of my time.
         Committee on Energy and Commerce, House of 
           Representatives,
                                    Washington, DC, July 27, 2020.
     Hon. Peter A. DeFazio,
     Chairman, Committee on Transportation and Infrastructure, 
         Washington, DC.
       Dear Chairman DeFazio: I write concerning H.R. 4686, 
     ``Sami's Law,'' which was additionally referred to the 
     Committee on Energy and Commerce (Committee).
       In recognition of the desire to expedite consideration of 
     H.R. 4686, the Committee agrees to waive formal consideration 
     of the bill as to provisions that fall within the Rule X 
     jurisdiction of the Committee. The Committee takes this 
     action with the mutual understanding that we do not waive any 
     jurisdiction over the subject matter contained in this or 
     similar legislation, and that the Committee will be 
     appropriately consulted and involved as this bill or similar 
     legislation moves forward so that we may address any 
     remaining issues within our jurisdiction. I also request that 
     you support my request to name members of the Committee to 
     any conference committee to consider such provisions.
       Finally, I would appreciate the inclusion of this letter 
     into the Congressional Record during floor consideration of 
     H.R. 4686.
           Sincerely,
                                               Frank Pallone, Jr.,
     Chairman.
                                  ____

         Committee on Transportation and Infrastructure, House of 
           Representatives,
                                    Washington, DC, July 27, 2020.
     Hon. Frank Pallone, Jr.,
     Chairman, Committee on Energy & Commerce,
     House of Representatives, Washington, DC.
       Dear Mr. Pallone: Thank you for your letter regarding H.R 
     4686, Sami's Law. I appreciate your decision to waive formal 
     consideration of the bill.
       I agree that the Committee on Energy & Commerce has valid 
     jurisdictional claims to certain provisions in this important 
     legislation, and I further agree that by forgoing formal 
     consideration of the bill, the Committee on Energy & Commerce 
     is not waiving any jurisdiction over any relevant subject 
     matter. Additionally, I will support the appointment of 
     conferees from the Committee on Energy & Commerce should a 
     House-Senate conference be convened on this legislation. 
     Finally, this exchange of letters will be included in the 
     Congressional Record when the bill is considered on the 
     floor.
       Thank you again, and I look forward to continuing to work 
     collaboratively with the Committee on Energy & Commerce on 
     this important issue.
           Sincerely,
                                                 Peter A. DeFazio,
                                                            Chair.

  Mr. RODNEY DAVIS of Illinois. Madam Speaker, I yield myself such time 
as I may consume.
  I rise today to thank Chairman DeFazio, Ranking Member Graves, and 
all who have worked hard in the Transportation and Infrastructure 
Committee to get this legislation to the floor known as ``Sami's Law.'' 
I, too, support this legislation. I also want to applaud the dedication 
and the hard work of the sponsor of Sami's Law, and that is none other 
than my good friend, the Representative from New Jersey, Mr. Chris 
Smith.
  I met with Sami's parents at the urging of Mr. Smith a few months 
ago. Marci and Seymour Josephson, your government today will show you 
that it is working for you and for all Americans, and that is because 
you have a tireless advocate, somebody who I have never seen work 
harder on an issue that is so important to so many young people in this 
country than Mr. Smith did. There has been no one in my time in 
Congress who has come to me on this floor advocating for a single issue 
that can mean so much to kids like my daughter who is in college, like 
my sons who are in college that is going to have an impact on their 
generation as much as the advocacy of Congressman Chris Smith because 
this bill is going to pass today. We are one step closer to making 
Sami's Law law.
  As we know, this law is going create minimum standards and 
requirements for safety for passengers who utilize ridesharing 
platforms. We want to make sure that digitally they know that the 
driver they have reserved is the driver who is rolling up next to them 
to pick them up. This verification process is essential in making sure 
tragedies that took Sami's life don't happen to other families.
  This bill also creates an advisory council, Sami's Law Council, to 
make safety-related performance standards and recommendations to the 
Secretary of Transportation.
  Also a very important point: To keep bad actors out of this arena, we 
are also going to ban something that I learned about, again, from 
Congressman Smith, that there are bad actors that were able to purchase 
Uber and Lyft stickers, put them on their car, and they were able to do 
it on Amazon, and they had zero experience and zero intention of ever 
legally getting the clearance to participate in those rideshare 
programs.
  This is going to save people in America. I support this legislation.
  And my last message to Marci and Seymour Josephson: Sami's legacy 
lives on after we pass this bill in the House of Representatives today. 
Thank you for your tireless advocacy, Marci and Seymour, and thank you 
for sending such a tireless advocate to the House of Representatives in 
Congressman Chris Smith.
  Madam Speaker, I reserve the balance of my time.
  Mr. DeFAZIO. Madam Speaker, I yield 4 minutes to the gentleman from 
South Carolina (Mr. Clyburn), the distinguished majority whip.
  Mr. CLYBURN. Madam Speaker, I thank the gentleman for yielding.
  Let me begin by thanking my friends Mr. Smith, Mr. Davis, Mr. 
DeFazio, and Mr. Suozzi, for bringing forth this bipartisan bill.
  In March 2019 Samantha Josephson, a 21-year-old native of New Jersey, 
was finishing her senior year at the University of South Carolina in my 
congressional district. She was a great student and had earned a full 
scholarship to study at Drexel University School of Law to pursue her 
dream of practicing international law. Sami, as she was known to her 
family and friends, did not get a chance to fulfill those dreams.
  After an evening out with friends, she decided to order a rideshare 
home. Video captured her getting into a black car that she assumed was 
her ride. Instead of being her ride, the unmarked car was driven by a 
predator who kidnapped and killed her.
  Today, we will vote on Sami's Law to put protections in place to 
prevent similar tragedies.
  This legislation makes it illegal for anyone other than rideshare 
companies to sell rideshare vehicle signs so predators can't 
impersonate an authorized driver. It also institutes the additional 
safeguard of a new code system that will allow the passenger to verify 
that

[[Page H3925]]

the vehicle is their ride before they get into the car.
  Finally, the bill sets up a new council at the Department of 
Transportation to develop performance standards for rideshare 
technologies to ensure that our safety protocols keep up with the pace 
of technology.
  I thank, once again, Congressman Chris Smith, my Republican colleague 
from Sami's New Jersey hometown, for his sponsorship of this bipartisan 
bill.
  I have met with Sami's parents, and I want to thank them for their 
strength and commitment to ensuring this legislation becomes law.
  I thank my colleagues in advance of their votes, hopefully, in favor 
of this legislation that will honor Sami's legacy and enacts important 
safeguards to protect rideshare users from predatory behavior.
  Mr. RODNEY DAVIS of Illinois. Madam Speaker, I yield 2 minutes to the 
gentleman from Oregon (Mr. Walden), another tireless advocate for 
Sami's Law and the ranking member of the House Committee on Energy and 
Commerce.
  Mr. WALDEN. Madam Speaker, I rise in support of H.R. 4686, Sami's 
Law, as well.
  I commend my colleagues who have been down here today talking about 
this law and the tragedy around it and the tragedy around the loss of 
Sami. And while she may never have gotten the opportunity to become a 
lawyer, she will have a law. And the advocacy of her parents to get 
this law in place is a lifetime statutory memorial for her for an 
incredible tragedy that should never have existed in the first place, 
the kidnapping and murder.
  We think about our kids, and we think about all we do to protect them 
and to encourage them to do the right things. And you think about 
convincing them to take a rideshare, don't drive, whatever, and then to 
have this happen is truly horrible.
  So this legislation that is brought before us today is 
extraordinarily important. I thank my colleague from New Jersey (Mr. 
Smith) for his tireless leadership on this and Mr. Suozzi as well and 
everyone who has worked on it.

  You should, as a rider, have the opportunity to know that you are 
safe when you get in that vehicle and that you don't risk your life the 
way Sami did and lost it.
  Madam Speaker, I hope we can all rally around this bill and help get 
this into law and have a memorial for Sami and a safeguard for all 
others.
  Mr. RODNEY DAVIS of Illinois. Madam Speaker, I reserve the balance of 
my time.
  Mr. DeFAZIO. Madam Speaker, I yield 3 minutes to the gentleman from 
New York (Mr. Suozzi), who was a key person in getting this legislation 
moving through the House of Representatives.
  Mr. SUOZZI. Madam Speaker, I rise today in support of Sami's Law. 
Congressman Smith and I introduced this legislation to address 
passenger safety issues with the transportation network companies, 
TNCs, such as Uber and Lyft.
  I thank Congressman Smith again for his tireless advocacy on this 
issue, and I also thank Chairman DeFazio. There is no way this would 
have made it to the floor unless he had worked together with House 
leadership to get this bipartisan and commonsense legislation on the 
floor.
  It is a tremendous challenge to determine what policies are necessary 
to ensure that the new industry of transportation network companies, 
TNCs, provide safe, efficient, and cost-effective solutions to 
consumers and employees.
  Earlier this year, when news reports surfaced about the tragic, 
horrific death of Sami Josephson, a friend of mine, who is also a 
friend and neighbor of the Josephson family, contacted me to work on 
legislation to ensure that no other parent would experience the 
devastating loss of a child in the way that the Josephsons did.
  I later discovered that Congressman Smith, who represents the 
Josephsons, was also working on the issue.
  Sami Josephson called for an Uber, entered the wrong car, and was 
murdered.
  The Smith/Suozzi legislation provides consumers with a level of 
safety before entering a vehicle. Our bill's safety provisions are 
commonsense and easy to implement, including the following 
requirements:
  One, requiring companies like Uber and Lyft to connect with 
passengers and drivers to positively establish their identities before 
the trip starts.
  Two, prohibiting the unauthorized sale of ride-hailing signs and 
spells out the civil penalties of violating the law.
  Three, establishing an advisory council comprised of representatives 
from Federal agencies, TNCs, law enforcement, disability and advocacy 
groups to recommend standards for positive identification systems.
  As we began researching this issue, I was surprised to learn that 
TNCs, a relatively new business model, are regulated differently across 
States and local borders.
  While some States and cities, such as New York City, have implemented 
new rules, such as creating a new license category for high-volume for-
hire services, TNCs have been mostly left to create their own policies 
for preventing and tracking violence or abuse to their passengers.
  We have all heard about the horrific reports of assault and abuse 
incidents involving both TNC passengers and drivers. That is why our 
bill also requires a Government Accountability Office study on the 
prevalence of assault and abuse perpetrated on riders by TNC drivers of 
ride-hailing vehicles and on TNC drivers by passengers.
  This data will be instrumental in determining any other safety 
procedures that may be necessary to ensure the safety of everyone who 
uses a ridesharing app.
  There is no way to describe the sadness, the horror, the pain that 
Sami's death caused for her family and to her community. She lived a 
vibrant and loving life. She had her whole life ahead of her. She 
planned to study law. She had hopes. She had dreams. We must do 
everything we can to prevent what happened to Sami and so many others 
from happening to anyone else.
  I encourage my colleagues to support this critical, commonsense 
legislation.

                              {time}  1400

  Mr. RODNEY DAVIS of Illinois. Madam Speaker, I don't know if I can 
say anything more about my colleague.
  I yield as much time as he may consume to the gentleman from New 
Jersey (Mr. Smith).
  Mr. SMITH of New Jersey. Madam Speaker, I thank the ranking member of 
the subcommittee for yielding. I thank him for his leadership. I thank 
Chairman DeFazio so very, very much for his championing this 
legislation. I thank my good friend,  Tom Suozzi. We have partnered 
before on human rights legislation, particularly as it relates to 
China. It is great to be working with him so closely again today. I 
thank Ranking Member Graves. I will get to some further thank yous in a 
few moments.
  Madam Speaker, in late March of 2019, University of South Carolina 
senior Samantha, or Sami, Josephson left a late night outing with her 
friends alone because she had to work in the morning.
  The extraordinarily talented student, who had recently earned a full 
scholarship to Drexel University Law, ordered an Uber.
  In a congested part of Columbia known as Five Points, a predator 
pretending to be her Uber driver took her in his car and brutally 
murdered her.
  Less than 24 hours later, Sami was found in a field. The alleged 
murderer, Nathaniel Rowland, was caught, jailed, and awaits trial. Last 
month, a judge rightly denied bond.
  Almost immediately after her death and notwithstanding their 
excruciating agony over the loss of their precious daughter Sami, her 
parents, Seymour and Marci, began pushing for comprehensive new 
protection policies at Uber and Lyft and legislation to ensure that no 
one else ever loses his or her life or gets assaulted by a rideshare 
driver or a predator who pretends to be one.
  They created the #WHATSMYNAME Foundation in ``honor of their daughter 
to educate the world on rideshare safety. . . . Samantha may be gone,'' 
they write, ``but our goal for the rest of our time on Earth is to 
share her story and make a lasting change.''
  For over a year, especially given the pain due to the unimaginable 
loss of their daughter, Seymour and Marci have been heroic, tenacious, 
and extraordinarily persuasive. They have been a critically important 
part of the often intense negotiations with multiple stakeholders, 
including Uber and

[[Page H3926]]

Lyft, on both the substance and the text of Sami's Law.
  Marci and Seymour made frequent trips to the Capitol to meet 
lawmakers and staff on both sides of the aisle, including Speaker 
Pelosi and Leader McCarthy, as well as Chairman DeFazio, Ranking Member 
Graves, and Mr. Davis and Chairwoman Norton, all of whom welcomed them 
with such compassion and empathy.
  Mr. Speaker, I am especially grateful to the Speaker for her strong 
personal commitment to this cause and for bringing Sami's Law to the 
floor today and who, like Kevin McCarthy and others, also welcomed them 
with such deep respect, with kindness, and empathy. ``How can we 
help?,'' was the question I heard over and over again, and Sami's Law 
is what has been produced as a result of that.
  Mr. Speaker, underscoring the need for Sami's Law, in addition to the 
fake Uber driver that murdered her, last year declaring that, ``We 
don't believe corporate secrecy will make anyone safer,'' Uber released 
its first safety report. Uber found that over a 2-year period, 2017 to 
2018, the company received 5,981 allegations of serious sexual assault 
in the United States, and 19 people were killed in physical assaults 
during or soon after an Uber ride. They also found that data shows that 
drivers report assaults at roughly the same rate as riders.
  Sami's Law is designed to protect both, passengers and drivers.
  Uber supports Sami's Law.
  Danielle Burr, head of Uber Federal Affairs, said, ``The tragic death 
of Samantha Josephson left the rideshare community heartbroken and 
devastated. Passage of `Sami's Law' is another step in the ongoing work 
to help improve safety on rideshare by leveraging education and 
technology. We are grateful for . . . the support and the collaboration 
of the Josephson Family.''
  They have talked to the Uber folks, especially Danielle, over and 
over and over again and really have made a really, really lasting 
impression and difference.
  Again underscoring the need, CNN reported last December that Lyft has 
been hit with more driver rape, sexual assault allegations: ``Twenty 
more people are suing Lyft over alleged sexual assault, sexual 
misconduct or rape by drivers while using its service. . . . The 
lawsuit comes on the heels of a similar lawsuit filed . . . on behalf 
of 14 anonymous women, in addition to numerous other individual suits 
that have been filed in recent months.''
  Dan Katz, Senior Director, Public Policy, Lyft, said: ``The Josephson 
family and Congressman Smith have worked tirelessly to champion Sami's 
Law. Their determination has led to today's passage in the U.S. House 
of Representatives. We have and will continue to prioritize safety 
within the Lyft community.''
  Mr. Speaker, Sami's Law requires each transportation network company 
like Uber and Lyft to establish and implement a system that makes 
available to each passenger a digital method to verify that the driver 
with whom the passenger has been matched has been authorized by the TNC 
prior, I say again, prior to beginning the trip.
  The bill stipulates in pertinent part that ``Such a system shall 
include an initial notification sent to the passenger's mobile, or 
otherwise communicated to the passenger, containing verifiable 
information specific to the TNC driver or TNC vehicle with which the 
passenger has been matched.''
  That also puts into this whole system much more accountability. 
Everybody knows who is driving that car or that vehicle.
  All TNC companies that wish to continue operating in the U.S. must 
establish such a system within 90 days of enactment.
  I note in the early days of this legislation, we discovered that we 
needed to make some changes. Well, Mr. Speaker, I thank the National 
Federation of the Blind, who helped craft provisions to the bill to 
ensure that there was a way for a passenger to use a nonvisual 
arrangement to verify the authenticity of the TNC driver.
  Sami's Law not only sets minimum safety requirements for today's 
technology. It also puts into effect a process for successor technology 
performance standards.
  It also establishes a 15-member advisory council that reports to the 
Secretary of Transportation, known as SAMI's Council, comprised of 
Federal agency and public stakeholders to advance safety standards in 
the rideshare industry.
  I was so glad when Chairman DeFazio at the hearing when we were 
talking about how you could just simply go on Amazon or Wal-Mart, 
anywhere, type in ``Uber signage'' or ``signage,'' and you can buy a 
sign. It is an engraved invitation to a predator to act like, 
particularly at or near our college campuses, in proximity to, and then 
to impersonate an Uber driver.
  I will never forget at the hearing after I mentioned the ease of 
buying an Uber sign in my testimony, the chairman pulled out his 
smartphone and then made a very, very, very good point about how easy 
it is to access that signage.
  Sami's Law would make that unlawful.
  It also requires, a GAO report on the incidents of assault and abuse 
on both passengers and drivers, and requires that the GAO also examine 
the nature and specifics on background checks conducted by companies 
and the various standards set by States regarding background checks.
  We have got to know who is behind the wheel, and this certainly will 
help to do that.
  Mr. Speaker, again, I have appreciated the chairman's focus on 
background checks for such a long time. This hopefully advances that 
concern.
  Finally, Mr. Speaker, let me offer my profound gratitude to the 
professional staff. We all know how important they are. They really 
make a huge difference. They sweat the details, work on text.
  Mr. Speaker, let me begin. And this is not totally inclusive. I may 
have left somebody out, and I apologize. I thank Robert Edmonson, chief 
of staff to the Speaker; Emily Domenech and Will Durham, Republican 
Leader McCarthy's office; Helen Zyblikewycz, who is staff director, T&I 
Subcommittee on Transit and Highways; Michael Falencki, staff director 
of the minority side. I thank Brady Young, Office of Legislative 
Counsel, for his expert drafting and frequent redrafting of the text 
and insights he provided; Kelsey Griswold from my office; and my very, 
distinguished chief of staff, Mary McDermott Noonan.
  Let's hope, God willing, this is on the President's desk ASAP.
  Mr. DeFAZIO. Mr. Speaker, I have no further speakers. I reserve the 
balance of my time.
  Mr. RODNEY DAVIS of Illinois. Mr. Speaker, again, I thank Chairman 
DeFazio; Ranking Member Graves; all Members who worked on this bill; my 
good friend Mr. Suozzi, who was here not too long ago, another 
cosponsor of Mr. Smith's bill.
  This is a day that we ought to remember here in Congress as getting 
back to bipartisan solutions.
  As I said earlier, Sami Josephson, her life was tragically taken, but 
because of bipartisanship in this institution and good policy coming 
from good Members of Congress, her legacy will live on and protect many 
others like her from ever being put in the exact same position of 
getting in an Uber, a Lyft, or any other future ridesharing company's 
vehicle without knowing exactly if that car was coming to get her.
  Mr. Speaker, I thank Mr. Smith again for his tireless advocacy. I 
thank all who worked on this. I look forward to seeing this bill pass 
unanimously, I hope. It should.
  But in the end, I also thank the companies who worked with Members of 
Congress to put this good policy in place today that I urge everyone to 
support.
  Mr. Speaker, I yield back the balance of my time.
  Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
  I think we have said what we needed to say here today on the floor. 
Nothing, nothing will ever totally heal Sami's parents and friends, but 
this bill in her name will hopefully prevent there being any future 
tragedies like her death.
  Mr. Speaker, I urge an ``aye'' vote on this legislation, and I yield 
back the balance of my time.
  The SPEAKER pro tempore (Mr. Courtney). The question is on the motion 
offered by the gentleman from Oregon (Mr. DeFazio) that the House 
suspend the rules and pass the bill, H.R. 4686, as amended.
  The question was taken; and (two-thirds being in the affirmative) the

[[Page H3927]]

rules were suspended and the bill, as amended, was passed.
  The title of the bill was amended so as to read: ``A bill to require 
ride-hailing companies to implement an enhanced digital system to 
verify passengers with their authorized ride-hailing vehicles and 
drivers.''.
  A motion to reconsider was laid on the table.

                          ____________________