[Congressional Record Volume 166, Number 134 (Wednesday, July 29, 2020)]
[House]
[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.
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