Sami’s Law

shared-expense carpool or vanpool arrangement that is not intended to generate profit for the driver; or (ii) microtransit or other dedicated services provided exclusively on behalf of a government entity, a nonprofit organization, or a third-party commercial enterprise. SEC. 3. DRIVER-PASSENGER MATCH VERIFICATION TECHNOLOGY. (a) Rulemaking.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall issue a notice of proposed rulemaking to require transportation network companies to 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. (2) Inclusions.--Each system under paragraph (1) shall include-- (A)(i) 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) sent to the personal device of the passenger; or (II) otherwise communicated to the passenger; (ii) 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) 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) by the applicable passenger to verify the identity of the TNC driver; and (II) by the applicable TNC driver to verify the identity of the passenger; and (iv) a method by which a passenger can verify the identity of the applicable TNC driver in accordance with this subparagraph that is reasonably accessible to and usable by individuals living with disabilities; or (B) 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. (3) Passenger opt-out.-- (A) In general.--A transportation network company may offer to passengers a clear and conspicuous option to opt out of the system of the transportation network company established under subsection (a). (B) Requirements.--In establishing an opt-out mechanism described in subsection (b), a transportation network company shall ensure that the opt-out preference signal-- (i) is clearly described, and easy-to-use by a reasonable individual; (ii) does not require that an individual provide additional information beyond what is necessary to indicate such preference; (iii) clearly represents the preference of an individual; (iv) is provided in a manner that is reasonably accessible to and usable by individuals living with disabilities; and (v) does not affect the preferences of the passenger with respect to other safety features offered by a transportation network company on a TNC platform. (4) Exemptions.--The rulemaking established under this section shall not apply to any trip-- (A) with respect to which a passenger elects under subsection (b) to opt out of using the system of the relevant transportation network company; (B) that is facilitated by a third party, including any third-party commercial enterprise, nonprofit organization, or government entity, for a passenger who is transported in a TNC vehicle; or (C) 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-- (i) the personal device of a passenger has failed to operate; or (ii) 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. (b) Final Rule.--Not less than 180 days after the notice of proposed rulemaking required under subsection (a), the Secretary shall issue a final rule to carry out the requirements of this section. (c) Authority of Secretary.-- (1) 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. (2) Enforcement.-- (A) In general.--The Secretary may assess a civil penalty in an amount equal to not more than $5,000 per day of violation against a transportation network company that is in violation of the requirements established in subsection (a). (B) Knowing and willful violations.--The Secretary may assess a civil penalty in an amount equal to not more than $20,000 per day of knowing and willful violation against a transportation network company that is in violation of the requirements established in subsection (a). SEC. 4. BACKGROUND CHECK REQUIREMENTS FOR TRANSPORTATION NETWORK COMPANIES. (a) In General.--A transportation network company shall only contract or partner with a TNC driver who is either-- (1) a citizen or national of the United States; (2) an alien who is a lawful permanent resident of the United States; or (3) an alien who has received employment authorization from the Department of Homeland Security. (b) Employment Verification.-- (1) In general.--For the purposes of compliance with subsection (a), a transportation network company shall use the employment verification system established in 8 U.S.C. 1324a (b) to verify the immigration status and employment authorization status of a prospective TNC driver. (2) Rule of construction.--Nothing in this subsection shall be construed to classify a TNC driver as an employee as defined under 29 U.S.C. 203(e). (c) Background Checks.-- (1) In general.--A transportation network company shall conduct, or have a third party conduct, a local and national criminal background check for each TNC driver prior to activation of a driver's account, and once annually thereafter. (2) Inclusions.--The criminal background check required by this subsection shall include-- (A) a search of the United States Department of Justice National Sex Offender Public website; and (B) the use of a multistate and multijurisdictional criminal records locator or other similar commercial nationwide database with validation. (3) Consent.--Notwithstanding any other provision of law to the contrary, after a TNC driver's consent is obtained by a transportation network company for an initial background check, no additional consent shall be required for the continual monitoring of that TNC driver's criminal history or immigration status. (4) Rule of construction.--Nothing in this subsection shall prevent States from-- (A) providing an option for transportation network companies to conduct a fingerprint-based background check through a State agency; (B) imposing additional background check requirements for transportation network companies; or (C) requiring transportation network companies to conduct such checks on a more frequent basis than proscribed in paragraph (1). SEC. 5. PROHIBITION ON SALE OF RIDE-HAILING SIGNAGE. (a) Prohibition.--Except as provided in subsection (b), it shall be unlawful for any person to sell or offer for sale any signage that-- (1) is designed to help a passenger to identify a TNC vehicle; and (2)(A) contains a proprietary trademark or logo of a transportation network company; or (B) purports to be signage of a transportation network company. (b) 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) Enforcement.-- (1) 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) 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) 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) Savings Clause.--Nothing in this section limits the authority of the Federal Trade Commission under any other provision of law. SEC. 6. 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. <all>