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H.R. 1082 — what changed

Sami's Law

From Introduced in House to Engrossed in House. 5 sections amended and 3 removed between Introduced in House and Engrossed in House.

Section 1 Short title

changed This Act may be cited as the “Sami’s Law”.

Sec. 2 Definitions

In this Act:

(1)
changed Council—Passenger— The term Council “passenger” means the Safety Actions for Matching and Identifying Ride-Share Customers Advisory Council established under section 5(a).an individual who is matched with a TNC driver through a TNC platform.
(2)
changed Nonvisual; nonvisually accessible—Tnc driver— The terms nonvisual and nonvisually accessible, term “TNC driver” means an individual who contracts with respect to the systems described in sections 3(a)(2)(A)(iv) a transportation network company and 4(b)(2)(B), mean digital content that—provides transportation services facilitated through a TNC platform in exchange for compensation or payment of a fee from a passenger.
(A)
removed 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)
removed 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)
changed Passenger—Tnc platform— The term passenger “TNC platform” means an individual who is matched with a TNC driver online-enabled application or digital network made available by submitting to a transportation network company a trip request using to connect passengers to TNC drivers for the purpose of a TNC platform.driver providing prearranged transportation services.
(4)
changed Personal mobile device—Tnc vehicle— The term personal mobile device “TNC vehicle” means a mobile communications device used by an individual to submit a trip request through vehicle (also known as a TNC platform.“ride-hailing vehicle”) that is—
(5)
removed Secretary— The term Secretary means the Secretary of Transportation.
(6)
removed 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)
removed 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)
removed TNC vehicle— The term TNC vehicle means a vehicle (also known as a “ride-hailing vehicle”) that is—
(A)
renumbered was (10)(3) owned, leased, or otherwise authorized for use by a TNC driver; and
(B)
added used by the TNC driver to provide to passengers prearranged transportation services facilitated through a TNC platform.
(5)
added Transportation network company; TNC—
(A)
added In general— The terms “transportation network company” and “TNC” mean 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.
(B)
added Exclusions— The term “transportation network company” and “TNC” does not include—
(B)
removed used by the TNC driver to provide to passengers prearranged transportation services.
(9)
removed Transportation network company—
(A)
removed 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)
removed Exclusions— The term transportation network company does not include—
(i)
renumbered was (11)(3)(3) a shared-expense carpool or vanpool arrangement that is not intended to generate profit for the driver; or
(ii)
renumbered was (11)(3)(4) microtransit or other dedicated services provided exclusively on behalf of a government entity, a nonprofit organization, or a third-party commercial enterprise.
(10)
removed Verifiable information— The term verifiable information means data that—
(A)
removed are shared among—
(i)
removed a TNC platform;
(ii)
removed a TNC driver authorized to use the TNC platform; and
(iii)
removed a passenger using the TNC platform; and
(B)
removed include—
(i)
removed a personal authentication number confirmation;
(ii)
removed a license plate confirmation; or
(iii)
removed other information that may be used in a successor technology-based system.

Sec. 3 Prohibition on sale of ride-hailing signage

(a)
added Prohibition— Except as provided in subsection (b), it shall be unlawful for any person to sell or offer for sale any signage that—
(a)
removed TNC platform systems—
(1)
removed 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.
(1)
changed Inclusions— Each system under paragraph (1) shall include—is designed to help a passenger to identify a TNC vehicle; and
(2)
added either—
(A)
added contains a proprietary trademark or logo of a transportation network company; or
(B)
added purports to be signage of a transportation network company.
(A)
removed
(i)
removed 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)
removed sent to the personal mobile device of the passenger; or
(II)
removed otherwise communicated to the passenger;
(ii)
removed 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)
removed 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)
removed by the applicable passenger to verify the identity of the TNC driver; and
(II)
removed by the applicable TNC driver to verify the identity of the passenger; and
(iv)
removed a nonvisual method by which a passenger can verify the identity of the applicable TNC driver in accordance with this subparagraph; or
(B)
removed 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)
changed Passenger opt-Out—Applicability— A Subsection (a) shall not apply to any person authorized by a transportation network company may offer to passengers an option not to use the system sell or offer for sale signage of the transportation network company under subsection (a).described in that subsection.
(c)
added Enforcement—
(1)
added 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)).
(c)
removed Exemptions— This section shall not apply to any trip—
(2)
changed Action by FTC— The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with respect to which a passenger elects under subsection (b) to opt out of using the system same jurisdiction, powers, and duties as though all applicable provisions of the relevant transportation network company;Federal Trade Commission Act (15 U.S.C. 41 et seq.) are incorporated in this Act.
(3)
changed Treatment— that is facilitated by a third party, including any third-party commercial enterprise, nonprofit organization, or government entity, for a passenger Any person who is transported violates this section shall be subject to the penalties, and entitled to the privileges and immunities, provided in a TNC vehicle; orthe Federal Trade Commission Act (15 U.S.C. 41 et seq.).
(d)
added Savings clause— Nothing in this section limits the authority of the Federal Trade Commission under any other provision of law.
(3)
removed 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)
removed the personal mobile device of a passenger has failed to operate; or
(B)
removed 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)
removed Authority of Secretary—
(1)
removed Regulations— The Secretary may promulgate such regulations as the Secretary determines to be necessary to carry out this section.
(2)
removed 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)
removed Enforcement—
(1)
removed 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)
removed 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)
removed Compromise— The Secretary may compromise the amount of a civil penalty imposed under this subsection before referral to the Attorney General.
(4)
removed 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 GAO study on incidence of fatal and non-fatal physical and sexual assault of passengers, TNC drivers, and drivers of other for-hire vehicles

(a)
changed Recommendations of Council—GAO Report— Not later than 180 days 1 year after the date of establishment enactment of this Act, and every 2 years thereafter, the Council, Comptroller General of the Council United States shall submit to the Secretary information regarding best practices and recommendations supported by the majority of Congress a report that includes the members results of the Council concerning performance standards the Secretary may establish with respect to successor technology-based systems described in section 3(a)(2)(B).a study regarding—
(1)
added the incidence of fatal and non-fatal physical assault and sexual assault perpetrated in the preceding 2 calendar years (starting with calendar years 2019 and 2020 for the first study)—
(A)
added against TNC drivers and drivers of other for-hire vehicles (including taxicabs) by passengers and riders of for-hire vehicles; and
(B)
added against passengers and riders by other passengers and TNC drivers or drivers of other for-hire vehicles (including taxicabs), including the incidences that are committed by individuals who are not TNC drivers or drivers of other for-hire vehicles but who pose as TNC drivers or drivers of other for-hire vehicles;
(2)
added the nature and specifics of any background checks conducted on prospective TNC drivers and drivers of other for-hire vehicles (including taxicabs), including any State and local laws requiring those background checks; and
(3)
added the safety steps taken by transportation network companies and other for-hire vehicle services (including taxicab companies) related to rider and driver safety.
(b)
added Sexual assault defined— In this section, the term “sexual assault” means the occurrence of an act that constitutes any nonconsensual sexual act proscribed by Federal, Tribal, or State law, including when the victim lacks capacity to consent.
(b)
removed Action by Secretary—
(1)
removed 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)
removed review the recommendations;
(B)
removed establish performance standards with respect to successor technology-based systems described in section 3(a)(2)(B); and
(C)
removed 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)
removed Requirements— The standards established under paragraph (1)(B) shall require, at a minimum, that—
(A)
removed 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)
removed the protocols for verification described in subparagraph (A) are visually accessible and nonvisually accessible; and
(C)
removed a transportation network company shall implement a system incorporating a TNC driver education and public awareness program relating to—
(i)
removed the use of the successor technology-based system; and
(ii)
removed any required verifiable information.
(3)
removed 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)
removed shall solicit input from the Council regarding whether the performance standards should be updated or expanded to incorporate new technological developments; and
(B)
removed may issue such amended performance standards as the Secretary determines to be necessary to account for new technological developments.
(4)
removed Interim standards—
(A)
removed 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)
removed 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)
removed 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)
removed 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)
removed
(i)
removed the recommendations of the Council under subsection (a); and
(ii)
removed the consideration by the Secretary of those recommendations, including the reasons why the recommendations were accepted or not accepted, as applicable;
(B)
removed the performance standards established by the Secretary under paragraph (1)(B), including any updates to those standards under paragraph (3); and
(C)
removed the rationale of the Secretary for establishing those performance standards.

Sec. 5 Budgetary effects

added 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.

(a)
removed 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)
removed Membership—
(1)
removed In general— The Council shall be composed of 17 members to be appointed by the Secretary, comprised of the following:
(A)
removed One or more representatives of each of—
(i)
removed the Department of Transportation;
(ii)
removed the National Institute of Standards and Technology;
(iii)
removed the Federal Trade Commission;
(iv)
removed an association or trade group that represents technology companies, the membership of which includes 1 or more transportation network companies;
(v)
removed an association or trade group that represents ground passenger transportation, the membership of which includes 1 or more transportation network companies; and
(vi)
removed an organization that is—
(I)
removed comprised, and established for the benefit, of TNC drivers; and
(II)
removed present in not fewer than two States.
(B)
removed Two or more representatives from each of—
(i)
removed one national transportation network company and one small, local transportation network company;
(ii)
removed one State government and one unit of local or Tribal government;
(iii)
removed law enforcement agencies;
(iv)
removed national organizations comprised, and established for the benefit, of individuals with disabilities; and
(v)
removed ride-hailing victims advocacy groups.
(2)
removed 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)
removed Term; vacancies—
(1)
removed Term— A member of the Council shall serve for a term of three years.
(2)
removed Vacancies— A vacancy on the Council—
(A)
removed shall not affect the powers of the Council; and
(B)
removed shall be filled in the same manner as the original appointment was made.
(d)
removed Compensation of members—
(1)
removed In general— A member of the Council shall serve without compensation.
(2)
removed 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)
removed 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)
removed Detail of DOT employees—
(1)
removed 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)
removed Civil service status— The detail of an employee under paragraph (1) shall be without interruption or loss of civil service status or privilege.
(g)
removed Review by Secretary—
(1)
removed 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)
removed Termination of Council— On a determination by the Secretary under paragraph (1) that the Council is no longer necessary, the Secretary may—
(A)
removed terminate the Council; and
(B)
removed 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

removed
(a)
removed Prohibition— Except as provided in subsection (b), it shall be unlawful for any person to sell or offer for sale any signage that—
(1)
removed is designed to help a passenger to identify a TNC vehicle; and
(2)
removed
(A)
removed contains a proprietary trademark or logo of a transportation network company; or
(B)
removed purports to be signage of a transportation network company.
(b)
removed 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)
removed Enforcement—
(1)
removed 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)
removed 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)
removed 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)
removed Savings clause— Nothing in this section limits the authority of the Federal Trade Commission under any other provision of law.

Sec. 7 GAO study on incidence of assault and abuse of passengers, TNC drivers, and drivers of other for-hire vehicles

removed

removed The Comptroller General of the United States shall—

(1)
removed conduct a study regarding the incidence of assault and abuse perpetrated—
(A)
removed against TNC drivers and drivers of other for-hire vehicles (including taxicabs) by passengers and riders of for-hire vehicles; and
(B)
removed against passengers and riders by TNC drivers or drivers of other for-hire vehicles (including taxicabs); and
(2)
removed not later than 14 months after the date of enactment of this Act, submit to Congress a report that includes a description of—
(A)
removed the nature and specifics of any background checks conducted on prospective TNC drivers of and drivers of other for-hire vehicles (including taxicabs), including any State and local laws requiring those background checks;
(B)
removed incidences in which—
(i)
removed individuals who are not TNC drivers or drivers of other for-hire vehicles attempt to pose as TNC drivers or drivers of other for-hire vehicles; or
(ii)
removed passengers enter an incorrect vehicle, regardless of whether the vehicle is a TNC vehicle or other for-hire vehicle; and
(C)
removed
(i)
removed efforts by—
(I)
removed transportation network companies, taxicab companies, or for-hire vehicle companies to implement additional safety measures and practices; and
(II)
removed State and local governments to require those measures; and
(ii)
removed the efficacy of those efforts, practices, and requirements.

Sec. 8 Budgetary effects

removed

removed 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.