[Congressional Record Volume 168, Number 193 (Tuesday, December 13, 2022)] [House] [Pages H9725-H9728] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] SAMI'S LAW Mr. STANTON. Madam Speaker, I move to suspend the rules and pass the bill (H.R. 1082) to require ride-hailing companies to implement an enhanced digital system to verify passengers with their authorized ride-hailing vehicles and drivers, as amended. The Clerk read the title of the bill. The text of the bill is as follows: H.R. 1082 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 the ``Sami's Law''. SEC. 2. DEFINITIONS. In this Act: (1) Passenger.--The term ``passenger'' means an individual who is matched with a TNC driver through a TNC platform. (2) Tnc driver.--The term ``TNC driver'' means an individual who contracts with a transportation network company and provides transportation services facilitated through a TNC platform in exchange for compensation or payment of a fee from a passenger. (3) 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 a TNC driver providing prearranged transportation services. (4) Tnc vehicle.--The term ``TNC vehicle'' means a vehicle (also known as a ``ride-hailing vehicle'') that is-- (A) owned, leased, or otherwise authorized for use by a TNC driver; and (B) used by the TNC driver to provide to passengers prearranged transportation services facilitated through a TNC platform. (5) Transportation network company; tnc.-- (A) 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) Exclusions.--The term ``transportation network company'' and ``TNC'' does not include-- (i) a 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. 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) either-- (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. 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) GAO Report.--Not later than 1 year after the date of enactment of this Act, and every 2 years thereafter, the Comptroller General of the United States shall submit to Congress a report that includes the results of a study regarding-- (1) 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) against TNC drivers and drivers of other for-hire vehicles (including taxicabs) by passengers and riders of for-hire vehicles; and (B) 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) 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) the safety steps taken by transportation network companies and other for-hire vehicle services (including taxicab companies) related to rider and driver safety. (b) 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. SEC. 5. 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. The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Arizona (Mr. Stanton) and the gentleman from Arkansas (Mr. Crawford) each will control 20 minutes. The Chair recognizes the gentleman from Arizona. General Leave Mr. STANTON. Madam Speaker, I ask unanimous consent that all Members have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.R. 1082, as amended. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Arizona? There was no objection. Mr. STANTON. Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I rise in strong support of H.R. 1082, as amended. I applaud the gentleman from New Jersey, Representative Smith, for his tenacity for getting the bill to the House floor for its consideration today. The gentleman and his staff have worked tirelessly through many iterations of this bill. We are here today to take the first steps toward ensuring the safety of passengers and drivers who utilize ride- hailing platforms. Specifically, we are here to pass Sami's Law, a bill to honor and remember Samantha Josephson. Sami, a 21-year-old college student, was brutally murdered after she entered a car that she mistakenly thought was the Uber that she ordered. Her parents, Seymour and Marcie Josephson, have shared their heart- wrenching story firsthand with so many of us on Capitol Hill. Throughout their grief, they have been committed to working so that no other family will have to go through this kind of pain, and that millions of people who use ride-hailing services can do so with safety protections in place. Mobility and transportation patterns in many cities have been upended in recent years by companies that through transformative technology platforms have revolutionized how we travel. [[Page H9726]] In a very short time, many people have come to rely upon transportation network companies, or TNCs, such as Uber and Lyft, 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, on wages, and on public transportation used, as well as gaps in regulatory oversight of TNCs and drivers. We held a hearing in 2020 where we examined a number of troubling aspects of the TNC model. While the bill under consideration today is a scaled-back version of legislation as introduced, it marks an important step in oversight of TNCs. H.R. 1082, as amended, prohibits the sale of any signage that is designed to help a passenger identify a TNC vehicle or that contains TNCs proprietary trademark or logo, unless authorized by the TNC. The bill also directs the Government Accountability Office to conduct a study of the incidence of assaults, including sexual assaults, on TNC passengers and TNC drivers. In addition, it directs GAO to study the type of background checks conducted on prospective drivers of TNC vehicles, including any State and local laws which may require such background checks. Strong and thorough vetting of potential drivers is the first line of defense to ensure passenger safety. The study initiated by this bill will yield important data and will inform decisions on what more needs to be done to protect the ride-hailing community. Lawmakers at the Federal, State, and local level will need to think beyond whether ride-hailing gets people from point A to point B, and work to ensure that TNC drivers deliver a public service safely and equitably. Madam Speaker, I support this important legislation, and I urge my colleagues to do the same. Madam Speaker, I reserve the balance of my time. House of Representatives, Committee on Energy and Commerce, Washington, DC, December 13, 2022. Hon. Peter A. DeFazio, Chairman, Committee on Transportation and Infrastructure, Washington, DC. Dear Chairman DeFazio: I write concerning H.R. 1082, ``Sami's Law.'' This legislation was additionally referred to the Committee on Energy and Commerce and amended in such a manner that would likely result in the Committee having primary jurisdiction over this measure. In recognition of the desire to expedite consideration of H.R. 1082, 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 the measure. Sincerely, Frank Pallone, Jr., Chairman. ____ House of Representatives, Committee on Transportation and Infrastructure, Washington, DC, December 13, 2022. Hon. Frank Pallone, Chairman, Committee on Energy and Commerce, House of Representatives, Washington, DC. Dear Chairman Pallone: Thank you for your letter regarding H.R. 1082, Sami's Law. I appreciate your willingness to work cooperatively on this legislation. I acknowledge that by foregoing formal consideration on H.R. 1082, the Committee on Energy and Commerce does not waive any future jurisdictional claims to provisions in this or similar legislation, and that your Committee will be consulted and involved on any matters in your Committee's jurisdiction should this legislation move forward. In addition, should a conference on the bill be necessary, I would support your effort to seek appointment of an appropriate number of conferees to any House-Senate conference involving provisions within this legislation on which the Committee on Energy and Commerce has a valid jurisdictional claim. I appreciate your cooperation regarding this legislation, and I will ensure that our exchange of letters is included in the Congressional Record during floor consideration of H.R. 1082. Sincerely, Peter A. DeFazio, Chair. {time} 1515 Mr. CRAWFORD. Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I rise today in support of this legislation known as Sami's Law and to applaud the dedication and efforts of the gentleman from New Jersey (Mr. Smith), who worked tirelessly on this legislation. As amended, Sami's Law prohibits the unauthorized sale of transportation network company ride-hailing signage, authorizes enforcement policies, and requires the Government Accountability Office to study incidents of physical and sexual assault of passengers and drivers of TNC vehicles, taxicabs, and other for-hire vehicles. Sami's Law will protect passengers and drivers of TNCs and for-hire vehicles and will ensure data is collected on TNC-related assault and abuse. Madam Speaker, I urge support of this legislation, and I reserve the balance of my time. Mr. STANTON. Madam Speaker, I reserve the balance of my time. Mr. CRAWFORD. Madam Speaker, I yield 10 minutes to the gentleman from New Jersey (Mr. Smith), the sponsor of this bill. Mr. SMITH of New Jersey. Madam Speaker, I thank my good friend for yielding and for his leadership, and I thank my friend on the other side of the aisle for his support. Madam Speaker, in late March 2019, University of South Carolina senior Samantha Josephson--``Sami'' to friends and family--left a late- night outing with her friends alone because she had to work in the morning. The extraordinarily talented student, who had just earned a full scholarship to Drexel University law school, 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 dead in a field. The murderer, Nathaniel Rowland, was caught. In a heart-wrenching trial in July 2021, Rowland was convicted and sentenced to life in prison. Presiding Circuit Court Judge Clifton Newman noted the ``horrific and most brutal nature'' of Sami's murder and said: ``It is the most severe murder that has occurred that I have been a witness to, as far as presiding in court or participating in as a lawyer.'' Almost immediately, however, after her death, and notwithstanding their excruciating agony over the loss of their precious daughter, Sami's parents, Seymour and Marci, began pushing for comprehensive new protection policies at Uber and Lyft and legislation to ensure, to the maximum extent possible, that no one else is ever killed, raped, or assaulted by a rideshare driver. They created the #WHATSMYNAME Foundation in honor of their daughter to educate the world on rideshare safety. ``Samantha may be gone,'' they wrote, ``but our goal for the rest of our time on Earth is to share her story and make a lasting change.'' Seymour and Marci have, and are, making a lasting change. Their advocacy has saved lives and made so many more of us situationally aware of the dangers of using Uber and Lyft. For more than 3 years, almost 4 now, especially given the pain due to the unimaginable loss of their daughter, Seymour and Marci have been heroic, tenacious, and selfless. They have inspired modest reforms by Uber and Lyft but are the first to say that so much more needs to be done. Marci and Seymour have made frequent trips to the Capitol to meet lawmakers and staff from both sides of the aisle, including Speaker Pelosi and Leader McCarthy, as well as Transportation and Infrastructure Chairman DeFazio, Ranking Member Graves, and subcommittee Chair Norton and Ranking Member Davis. Ranking Member Cathy McMorris Rodgers, when she met with them, was so greatly moved, moved to tears, when they told their horrible story about what happened to their daughter. I am grateful that Chairman Pallone has waived the bill through the Energy and Commerce Committee today to ensure its consideration. [[Page H9727]] I am grateful to the Speaker for her strong commitment to this cause, and there was that empathy. You felt it when you were in the room. They said, ``What can we do? We have to do as much as humanly possible,'' so I thank them. I offer my special thanks to Tom Suozzi for his tremendous support and for being the lead Democratic cosponsor all these years on this legislation. Robert Edmonson, with the Speaker, and Ryan Long, with Kevin McCarthy, and other staff members have done stellar work trying to push this and additional reforms forward because, hopefully, we are not done. The need for Sami's Law is absolutely compelling, I tell my colleagues. I ask all of us: Do any of us really believe that ridesharing, particularly late at night, particularly around college campuses, especially for women, is safe when you are in an Uber or Lyft? It is a big, open question. Two reports released by Uber found that, over a 4-year period from 2017 to 2020, there were 9,805 allegations of serious sexual assault by Uber drivers in the United States, and 39 people were killed in physical assaults during or soon after an Uber ride. Lyft's own safety record revealed 4,158 allegations of sexual assault in a 3-year period from 2017 to 2019. In September, NPR reported that ``Lyft is facing 17 new lawsuits brought by users of its service from around the country, who claim the company failed to protect passengers and drivers from physical and sexual assault.'' ``The new lawsuits come 3 years after 14 women filed a lawsuit against Lyft, claiming that, after being sexually assaulted or raped by drivers, Lyft failed to take action even when it was aware of drivers who were accused of assault and purposefully ignored victims' reports.'' Not a stellar record. Just last week, Eziya Bowden, a 17-year-old woman from North Carolina, jumped out of a moving Lyft vehicle and ended up in the emergency room out of fear that her driver, who made several disturbing comments, was trying to drug her. She was only a few miles away from her home. Sami's Law under consideration by the House today is an important first--I say ``first''--step to enhance safety for both passengers and drivers and to mitigate future violence. Sami's Law makes unlawful the unauthorized selling or offering for sale of ridesharing signage, making it more difficult for imposters like Sami's murderer to pose as rideshare drivers. Let me just point out that when Tom Suozzi testified before the Transportation and Infrastructure Committee, Chairman DeFazio, when we talked about this factor, that you can go to Amazon or Walmart and get a sign that says you are an Uber driver, he went online as we were talking and said: There it is. I can buy an Uber sign. You would think the companies would want to control the signage. This legislation will make it illegal to sell it in those outlets and anywhere else unless approved by the companies. Sami's Law also requires the GAO to investigate and provide an independent, comprehensive report to Congress on the incidence of assault and abuse of both passengers and drivers, and to do it annually, and requires that the GAO examine the nature and specifics of background checks conducted by companies and the varying standards set by States regarding background checks. We want to know: What do they do when they find out who their drivers are? We have asked the hard questions. The answers have not been all that good. It also assesses safety steps thus far taken by rideshare vehicles, taxis, and other vehicles for hire. I am disappointed to say that opposition from Uber and Lyft has resulted in dropping other lifesaving provisions that were in the original bill that was passed by the House in the last Congress with Tom Suozzi and I leading on that, as well. One required Uber and Lyft and other transportation network companies to implement a simple digital method of verifying that the passenger and driver have been specifically matched by the TNC prior to the ride beginning, so that match is made right before you take off. Yes, that is who the driver should be, and the person in back has ordered that Uber. It also gives a record going forward if any kind of assault does, indeed, occur. The opposition to this digital security feature is mind-boggling to me. Uber has the technology and even a program in place, but they offer it only as an opt-in program, a program so well hidden that few riders even know about it. Our legislation passed in July 2020 said that transportation companies may offer a passenger an option out, an opt-out. If you want to be out of it, get out of it, but the default would be you are in it, and it is all for your protection. It is like safety belts. There was a time when that was controversial. Now, we all put them on. The buzzer goes off, or the bell or the ring, if you don't have that on. A second provision that we lost was Sami's council, which would simply empower a working group to continually make upgrades as to how better to utilize all of this. Let me just say, finally, Marci and Seymour at the sentencing or before that at the trial--they inspire us--they also spoke. I will read only a few of the words that they said. I remember watching it on television, and it just broke my heart. Here is what Marci said. ``I close my eyes, and I feel what she endured at his hands 120 times''--he stabbed her, remember--``over and over and over, fighting for her life, locked in his car. I used to have dreams for her. Now, all I have are nightmares--120 times. The final moments, her bare feet kicking and fighting for her life. I visualize the blood flowing from her body, her joyful body, 120 times. For what? The $35 a college student has in her bank account? ``The excruciating pain he put her through is unimaginable. . . . In one second, our lives changed . . . Her death sliced through my heart.'' In his statement, Seymour questioned how this could have happened at all, challenging us to prevent it in the future. Again, they have spent so much time, dedicating their lives so nobody else ever has to go through this. He said, at the trial: ``I have repeated nightmares and visions of him, the monster, stabbing her. I have visions of her foot on the back window. I have visions of her screaming and fighting. I have visions of her taking her last breath. ``I stand here . . . in bewilderment, asking how in the world did we get here? That night of her kidnapping and murder, she called me about using my credit card because supposedly hers didn't work with Uber or Lyft. ``I look at my wife, and she is not even close to being the same. I have lost a huge piece of her, along with Samantha. Every day, I look at her and only wish I could do something to take that pain away.'' So, I ask my colleagues that, in Sami's name, today, we act to protect rideshare passengers and their drivers, and we take an important first step to safeguard others from the unspeakable pain that Seymour and Marci Josephson now endure. Mr. STANTON. Madam Speaker, I reserve the balance of my time. Mr. CRAWFORD. Madam Speaker, H.R. 1082 will improve the safety of prospective rideshare passengers by prohibiting the unauthorized sale of ride-hailing signage. This legislation will also help protect all of our constituents as GAO analyzes the occurrence of assaults against both passengers and drivers of for-hire vehicles. Madam Speaker, I thank Congressman Smith of New Jersey for his tireless efforts and urge support of this legislation, and I yield back the balance of my time. Mr. STANTON. Madam Speaker, this bill honors the memory of Samantha Josephson and takes steps to ensure that a similar tragedy does not occur. Madam Speaker, I urge my colleagues to support this important safety bill, and I yield back the balance of my time. The SPEAKER pro tempore. The question is on the motion offered by the gentleman from Arizona (Mr. Stanton) that the House suspend the rules and pass the bill, H.R. 1082, as amended. The question was taken. The SPEAKER pro tempore. In the opinion of the Chair, two-thirds being in the affirmative, the ayes have it. [[Page H9728]] Mr. HICE of Georgia. Madam Speaker, on that I demand the yeas and nays. The yeas and nays were ordered. The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further proceedings on this motion will be postponed. ____________________