[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1871 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1871

  To amend title 23, United States Code, to compel States to require 
   illuminated signs and other measures on ride-hailing vehicles, to 
  require transportation network companies to implement an electronic 
 access system on ride-hailing vehicles, to prohibit the sale of such 
                     signs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2019

 Mr. Cardin (for himself, Mr. Blumenthal, and Mr. Menendez) introduced 
the following bill; which was read twice and referred to the Committee 
                    on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To amend title 23, United States Code, to compel States to require 
   illuminated signs and other measures on ride-hailing vehicles, to 
  require transportation network companies to implement an electronic 
 access system on ride-hailing vehicles, to prohibit the sale of such 
                     signs, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as ``Sami's Law''.

SEC. 2. DEFINITIONS.

    In this Act, the terms ``machine-readable code or image'', 
``personal mobile device'', ``QR code'', ``TNC driver'', ``TNC 
platform'', ``TNC vehicle'', ``trade dress'', and ``transportation 
network company'' have the meanings given those terms in section 171(a) 
of title 23, United States Code.

SEC. 3. SANCTIONS FOR STATES WITHOUT TRANSPORTATION NETWORK COMPANY 
              VEHICLE IDENTIFICATION LAWS.

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 171. Sanctions for States without transportation network company 
              vehicle identification laws
    ``(a) Definitions.--In this section:
            ``(1) Machine-readable code or image.--The term `machine-
        readable code or image' means a machine-readable optical label 
        that--
                    ``(A) is unique to each TNC driver and the vehicle 
                of the TNC driver; and
                    ``(B) can be scanned using a special scanner or a 
                personal mobile device with a built-in camera.
            ``(2) Personal mobile device.--The term `personal mobile 
        device' means any mobile device that an individual uses to 
        connect to a TNC platform.
            ``(3) QR code.--The term `QR code' means a machine-readable 
        code or image that--
                    ``(A) is also known as a quick response code; and
                    ``(B) consists of a matrix or 2-dimensional 
                barcode.
            ``(4) TNC driver.--The term `TNC driver' means an 
        individual who is employed or contracted by a transportation 
        network company to provide transportation services to the 
        public through a TNC platform.
            ``(5) TNC platform.--The term `TNC platform' means an 
        online-enabled application or digital network used to connect 
        passengers with drivers using vehicles for the purpose of 
        providing prearranged transportation services for compensation.
            ``(6) TNC vehicle.--The term `TNC vehicle' means a vehicle 
        of a TNC driver that the TNC driver uses to provide TNC 
        services (also known as a ride-hailing vehicle).
            ``(7) Trade dress.--The term `trade dress' means anything 
        designed or used to promote or signify a transportation network 
        company or a vehicle used to provide transportation services to 
        the public, such as the logo of the company, and includes the 
        color, shape, size, or any other feature that makes the 
        presentation of the service distinctive.
            ``(8) Transportation network company.--The term 
        `transportation network company' means a company that uses an 
        online-enabled application platform or digital network to 
        connect passengers with drivers using personal, noncommercial 
        vehicles of the drivers to provide transportation services.
    ``(b) Withholding of Funds for Noncompliance.--
            ``(1) First fiscal year.--On October 1 of second full 
        fiscal year beginning after the date of enactment of this 
        section, the Secretary shall withhold 1 percent of the amount 
        required to be apportioned to a State under each of paragraphs 
        (1) and (2) of section 104(b) for that fiscal year if the State 
        is not in compliance with subsection (c) on that date.
            ``(2) Subsequent fiscal years.--On October 1 of the third 
        full fiscal year beginning after the date of enactment of this 
        section, and each October 1 thereafter, the Secretary shall 
        withhold 2.5 percent of the amount required to be apportioned 
        to a State under each of paragraphs (1) and (2) of section 
        104(b) for that fiscal year if the State is not in compliance 
        with subsection (c) on that date.
            ``(3) Effect of withholding of funds.--No funds withheld 
        under this section from an apportionment to a State shall be 
        available to that State.
    ``(c) Requirements.--A State shall be in compliance with this 
subsection if the State has in effect the following laws with respect 
to transportation network companies operating in that State:
            ``(1) Front and rear license plates.--A law requiring that 
        each TNC vehicle display a State-issued license plate on both 
        the front and rear of the vehicle.
            ``(2) Inspection and signage requirements.--A law requiring 
        TNC drivers to present TNC vehicles for inspection by not later 
        than 180 days after the date of enactment of that law, or, in 
        the case of a State that already has in effect a law that meets 
        the requirements of this paragraph, not later than 180 days 
        after the date of enactment of this section, and annually 
        thereafter, including each of the following:
                    ``(A) A provision requiring each TNC driver to 
                affix a sticker with a machine-readable code or image, 
                provided to that driver pursuant to section 4(b)(2) of 
                Sami's Law, on each window of the vehicle of the TNC 
                driver adjacent to where passengers may sit.
                    ``(B) A provision that prohibits a TNC driver from 
                providing TNC services if the TNC vehicle does not pass 
                the inspection.
                    ``(C) A provision that requires periodic safety 
                inspections of the TNC vehicle performed at intervals 
                of not less frequently than once each year.
                    ``(D) A provision that requires, at all times when 
                the TNC driver is active on the TNC platform or 
                providing any TNC service, each TNC vehicle to display 
                a consistent and distinctive signage or emblem that--
                            ``(i) is recognized as a trade dress for 
                        the transportation network company;
                            ``(ii) is readable during daylight hours at 
                        a distance of 50 feet;
                            ``(iii) includes an illuminated 
                        transportation network company sign that 
                        displays the proprietary trademark or logo of 
                        the company that is patently visible so as to 
                        be seen in darkness; and
                            ``(iv) may be magnetic or removable in 
                        nature.
            ``(3) Unlawful display.--A law providing that an individual 
        who is not a TNC driver may be charged with a misdemeanor for 
        displaying the illuminated sign described in paragraph 
        (2)(D)(iii) on any vehicle with the intent to impersonate a TNC 
        driver operating a TNC vehicle.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by adding at the end the following:

``171. Sanctions for States without transportation network company 
                            vehicle identification laws''.

SEC. 4. ACCESS AND OTHER REQUIREMENTS FOR TRANSPORTATION NETWORK 
              COMPANY VEHICLES AND TRANSPORTATION NETWORK COMPANIES.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, each transportation network company shall--
            (1) establish and implement a system that requires--
                    (A) each individual who uses the TNC platform of a 
                transportation network company to verify the identity 
                of the TNC driver assigned to the individual via the 
                TNC platform for the trip; and
                    (B) that TNC driver to confirm the identity of the 
                individual prior to the beginning of a trip.
    (b) Inclusions.--A system under subsection (a) shall include--
            (1) a machine-readable code or image that is unique to each 
        TNC driver and the vehicle of the TNC driver, such as a QR code 
        or a successor technology, that can be scanned by the 
        individual hailing the driver, using a personal mobile device 
        with a built-in camera;
            (2) forward-facing window stickers containing the machine-
        readable code or image described in paragraph (1) that shall be 
        provided to each TNC driver;
            (3) the ability, via the TNC platform of the transportation 
        network company--
                    (A) to provide to each individual who is assigned a 
                TNC driver the unique machine-readable code or image of 
                that driver; and
                    (B) to provide a means by which that individual may 
                scan the machine-readable code or image displayed on 
                the window sticker of the TNC vehicle, using the TNC 
                platform on the personal mobile device of the 
                individual, to confirm the identity of the TNC driver 
                who is assigned to the individual prior to entering the 
                vehicle; and
            (4) policies or procedures that--
                    (A) restrict each TNC driver from commencing a trip 
                until the individual who has requested the trip 
                successfully verifies the identity of the TNC driver by 
                scanning the machine-readable code or image;
                    (B) prohibit a TNC driver from providing TNC 
                services if the TNC vehicle or TNC driver is not in 
                compliance with this section;
                    (C) require a periodic safety inspection of the TNC 
                vehicle performed at intervals of not less frequently 
                than once each year; and
                    (D) require each TNC vehicle, at all times when the 
                TNC driver is active on the TNC platform or providing 
                any TNC service, to display a consistent and 
                distinctive signage or emblem that--
                            (i) is recognized as a trade dress for the 
                        transportation network company;
                            (ii) is readable during daylight hours at a 
                        distance of 50 feet;
                            (iii) includes an illuminated 
                        transportation network company sign displaying 
                        the proprietary trademark or logo of the 
                        company that is patently visible so as to be 
                        seen in darkness; and
                            (iv) may be magnetic or removable in 
                        nature.
    (c) Signage Policy.--Not later than 180 days after the date of 
enactment of this Act, each transportation network company shall 
implement a policy to require that any illuminated signage described in 
section 171(c)(2)(D)(iii) of title 23, United States Code, be returned 
to the transportation network company when a TNC driver ceases to be 
employed or contracted by the company.

SEC. 5. PROHIBITION ON SALE OF TRANSPORTATION NETWORK COMPANY SIGNAGE.

    It shall be unlawful for any person to sell or offer for sale any 
illuminated sign described in section 171(c)(2)(D)(iii) of title 23, 
United States Code.

SEC. 6. UNFAIR OR DECEPTIVE ACT OR PRACTICE.

    (a) In General.--A violation of section 4 or 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)).
    (b) Powers of Federal Trade Commission.--
            (1) In general.--The Federal Trade Commission shall enforce 
        sections 4 and 5 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 such sections.
            (2) Privileges and immunities.--Any person who violates 
        section 4 or 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.).

SEC. 7. GAO STUDY ON THE INCIDENCE OF ASSAULT AND ABUSE OF 
              TRANSPORTATION NETWORK COMPANY PASSENGERS AND DRIVERS.

    The Comptroller General of the United States shall--
            (1) conduct a study on the incidence of assault and abuse 
        perpetrated on drivers by passengers using TNC vehicles, and on 
        passengers by drivers of TNC vehicles, including an examination 
        of--
                    (A) incidences in which individuals who are not TNC 
                drivers attempt to pose as TNC drivers;
                    (B) incidences of passengers who hailed a ride 
                through a TNC platform entering the wrong vehicle, 
                whether or not the vehicle was a TNC vehicle;
                    (C) efforts by transportation network companies, 
                States, and local governments to implement additional 
                safety measures, practices, and requirements, and the 
                efficacy of those measures, practices, and 
                requirements; and
                    (D) the nature and specifics of any background 
                checks conducted by transportation network companies on 
                potential TNC drivers, including any State laws that 
                may require such background checks; and
            (2) submit to Congress a report on the results of the study 
        under paragraph (1) by not later than 1 year after the date of 
        enactment of this Act.
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