[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1697 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 1697
To amend title 23, United States Code, to increase accessible
transportation for individuals with disabilities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 9, 2021
Mr. Langevin (for himself and Ms. Titus) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure
_______________________________________________________________________
A BILL
To amend title 23, United States Code, to increase accessible
transportation for individuals with disabilities.
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 ``Disability Access to Transportation
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the Centers for Disease Control and
Prevention, 1 in 4 U.S. adults has a disability.
(2) Section 2(b) of the Americans with Disabilities Act (42
U.S.C. 12101) recognized that individuals with disabilities
face discrimination when using transportation services and
sought to provide ``a clear and comprehensive national mandate
for the elimination of discrimination against individuals with
disabilities''.
(3) 30 years after the enactment of the Americans with
Disabilities Act, individuals with disabilities continue to
face systemic discrimination and a lack of accessible
transportation options.
(4) Transportation is a core component of independent
living; without the ability to easily move from one location to
another, especially to drop a child off at day care, arrive at
work on time, or run basic errands, true community living is
impossible.
(5) Technology is changing the way the transportation
industry provides services.
(6) As technology continues to change the way people move
from one place to another, the transportation sector, including
Federal agencies, local transit systems, and private entities
must innovate and provide services in a way that empowers
individuals with disabilities to travel independently in their
communities.
SEC. 3. ONE-STOP PARATRANSIT PILOT PROGRAM.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Transportation shall establish
a one-stop paratransit pilot program.
(b) Purpose.--The purpose of the pilot program under this section
is to develop or expand paratransit programs carried out pursuant to
the ADA to provide for 1 stop of at least 15 minutes outside of the
vehicle during a paratransit trip to prevent long wait times between
multiple trips that unduly limit an individual's ability to complete
essential tasks.
(c) Eligible Entities.--
(1) In general.--An entity eligible to participate in the
pilot program is a transit agency that agrees to track and
share information as the Secretary requires, including--
(A) number of ADA paratransit trips conducted each
year;
(B) requested time of each paratransit trip;
(C) scheduled time of each paratransit trip;
(D) actual pickup time for each paratransit trip;
(E) average length of a stop in the middle of a
ride as allowed by this section;
(F) any complaints received by a paratransit rider;
(G) rider satisfaction with paratransit services;
and
(H) after the completion of the pilot program, an
assessment by the eligible entity of its capacity to
continue a one-stop program independently.
(2) Preference.--The Secretary shall give preference to
entities that--
(A) have comparable data for the year prior to
implementation of the pilot program that can be used by
the Secretary and other organizations, such as
nonprofit organizations and advocacy organizations, for
research purposes; and
(B) plan to use agency personnel to implement the
pilot program.
(d) Application.--To be eligible to participate in the pilot
program, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including information on--
(1) locations the eligible entity intends to allow a stop
at, if stops are limited, including--
(A) childcare or education facilities;
(B) pharmacies;
(C) grocery stores; and
(D) bank or ATM locations;
(2) methodology for informing the public of the pilot
program;
(3) vehicles, personnel, and other resources that will be
used to implement the pilot program; and
(4) if the applicant does not intend the pilot program to
apply to the full area under the jurisdiction of the applicant,
a description of the geographic area in which the applicant
intends the pilot program to apply.
(e) Selection.--The Secretary shall seek to achieve diversity of
participants in the pilot program by selecting a range of eligible
entities that includes at least 5 of each of the following:
(1) An eligible entity that serves an area with a
population of 200,000 people or fewer.
(2) An eligible entity that serves an area with a
population of over 200,000 people.
(3) An eligible entity that provides transportation for
rural communities.
(f) Report.--Not later than 3 months after the conclusion of the
first 15 pilot projects carried out under this section, the Secretary
shall submit to Congress a report on the results of the program,
including the feasibility of developing and implementing one-stop
programs for all ADA paratransit services.
(g) Funding.--
(1) Federal share.--The Federal share of the total cost of
a project carried out under this section may not exceed 80
percent.
(2) Authorization of appropriations.--There are authorized
to be appropriated to carry out this section $75,000,000 for
each of fiscal years 2022 through 2026.
SEC. 4. PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Architectural and Transportation Barriers
Compliance Board, pursuant to section 502(b)(3) of the Rehabilitation
Act of 1973 (29 U.S.C. 792(b)(3)), shall publish final accessibility
guidelines setting forth minimum standards for pedestrian facilities in
the public right-of-way, including shared use paths.
(b) Adoption of Regulations.--Not later than 180 days after the
establishment of the guidelines pursuant to subsection (a), the
Secretary shall issue such regulations as are necessary to adopt such
guidelines.
SEC. 5. REPORTING ACCESSIBILITY COMPLAINTS.
(a) In General.--The Secretary of Transportation shall ensure that
an individual who believes that he or she or a specific class of
individuals has been subjected to discrimination on the basis of
disability by a public entity may, by himself or herself or by an
authorized representative, easily file a complaint with the Department
of Transportation. Not later than 1 year after the date of enactment of
this Act, the Secretary shall implement procedures that allow an
individual to submit a complaint described in the previous sentence by
phone, by mail-in form, and online through the website of the Office of
Civil Rights of the Federal Transit Administration.
(b) Notice to Individuals With Disabilities.--Not later than 18
months after the date of enactment of this Act, the Secretary shall
require that each public transit provider and contractor providing
paratransit services shall include on a publicly available website of
the service provider, any related mobile device application, and online
service--
(1) the telephone number, or a comparable electronic means
of communication, for the disability assistance hotline of the
Office of Civil Rights of the Federal Transit Administration;
(2) notice that a consumer can file a disability-related
complaint with the Office of Civil Rights of the Federal
Transit Administration;
(3) an active link to the website of the Office of Civil
Rights of the Federal Transit Administration for an individual
to file a disability-related complaint; and
(4) notice that an individual can file a disability-related
complaint with the local transit agency and the process and any
timelines for filing such a complaint.
(c) Investigation of Complaints.--Not later than 60 days after the
last day of each fiscal year the Secretary shall publish a report that
lists the disposition of complaints described in subsection (a),
including--
(1) the number and type of complaints filed with Department
of Transportation;
(2) the number of complaints investigated by the
Department;
(3) the result of the complaints that were investigated by
the Department including whether the complaint was resolved--
(A) informally;
(B) by issuing a violation through a noncompliance
Letter of Findings; or
(C) by other means, which shall be described in
detail; and
(4) if a violation was issued for a complaint, whether the
Department resolved the noncompliance by--
(A) reaching a voluntary compliance agreement with
the entity;
(B) referring the matter to the Attorney General;
or
(C) by other means, which shall be described in
detail.
(d) Report.--Upon implementation of this section, the Secretary
shall, to the extent practicable, issue a report composed of the
information collected under this section for the preceding 5 years.
SEC. 6. ACCESSIBILITY DATA PILOT PROGRAM.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall establish an accessibility data pilot
program.
(b) Purpose.--In carrying out the pilot program, the Secretary
shall develop or procure an accessibility data set and make that data
set available to each eligible entity selected to participate in the
pilot program to improve the transportation planning of such eligible
entities by--
(1) measuring the level of access by multiple
transportation modes, including transportation network
companies, to important destinations, which may include--
(A) jobs, including areas with a concentration of
available jobs;
(B) health care facilities;
(C) child care services;
(D) educational and workforce training facilities;
(E) affordable housing;
(F) food sources; and
(G) connections between modes, including
connections to--
(i) high-quality transit or rail service;
(ii) safe bicycling corridors; and
(iii) safe sidewalks that achieve
compliance with applicable requirements of the
ADA;
(2) disaggregating the level of access by multiple
transportation modes by a variety of population categories,
which shall include--
(A) low-income populations;
(B) minority populations;
(C) age;
(D) disability such as sensory, cognitive, and
physical, including wheelchair users; and
(E) geographical location; and
(3) assessing the change in accessibility that would result
from new transportation investments.
(c) Eligible Entities.--An entity eligible to participate in the
pilot program is--
(1) a State;
(2) a metropolitan planning organization; or
(3) a rural transportation planning organization.
(d) Application.--To be eligible to participate in the pilot
program, an entity shall submit to the Secretary an application at such
time, in such manner, and containing such information as the Secretary
may require, including information relating to--
(1) previous experience of the eligible entity measuring
transportation access or other performance management
experience;
(2) the types of important destinations to which the
eligible entity intends to measure access;
(3) the types of data disaggregation the eligible entity
intends to pursue;
(4) a general description of the methodology the eligible
entity intends to apply; and
(5) if the applicant does not intend the pilot program to
apply to the full area under the jurisdiction of the applicant,
a description of the geographic area in which the applicant
intends the pilot program to apply.
(e) Selection.--
(1) In general.--The Secretary shall seek to achieve
diversity of participants in the pilot program by selecting a
range of eligible entities that shall include--
(A) States;
(B) metropolitan planning organizations that serve
an area with a population of 200,000 people or fewer;
(C) metropolitan planning organizations that serve
an area with a population of over 200,000 people; and
(D) rural transportation planning organizations.
(2) Inclusions.--The Secretary shall seek to ensure that,
among the eligible entities selected under paragraph (1)
program participants represent--
(A) a range of capacity and previous experience
with measuring transportation access; and
(B) a variety of proposed methodologies and focus
areas for measuring level of access.
(f) Duties.--For each eligible entity participating in the pilot
program, the Secretary shall--
(1) develop or acquire an accessibility data set described
in subsection (b); and
(2) submit the data set to the eligible entity.
(g) Methodology.--In calculating the measures for the data set
under the pilot program, the Secretary shall ensure that methodology is
open source.
(h) Availability.--The Secretary shall make an accessibility data
set under the pilot program available to--
(1) units of local government within the jurisdiction of
the eligible entity participating in the pilot program; and
(2) researchers.
(i) Report.--Not later than 120 days after the last date on which
the Secretary submits data sets to the eligible entity under subsection
(f), the Secretary shall submit to Congress a report on the results of
the program, including the feasibility of developing and providing
periodic accessibility data sets for all States, regions, and
localities.
(j) Funding.--The Secretary shall carry out the pilot program using
amounts made available to the Secretary for administrative expenses to
carry out programs under the authority of the Secretary.
(k) Sunset.--The pilot program shall terminate on the date that is
8 years after the date on which the pilot program is implemented.
SEC. 7. ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH DISABILITIES.
Section 5338(a)(2)(D) of title 49, United States Code, is amended
by striking ``and $285,574,688 for fiscal year 2020'' and inserting
``$450,000,000 for fiscal year 2022, $463,500,000 for fiscal year 2023,
$477,405,000 for fiscal year 2024, $491,727,150 for fiscal year 2025,
and $506,478,965 for fiscal year 2026''.
SEC. 8. DEFINITIONS.
In this Act:
(1) ADA.--The term ``ADA'' means the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(2) State.--The term ``State'' means each of the several
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
(3) Transportation network company.--The term
``transportation network company''--
(A) means a corporation, partnership, sole
proprietorship, or other entity, that uses an online-
enabled application or digital network to connect
riders to drivers affiliated with the entity in order
for the driver to transport the rider using a vehicle
owned, leased, or otherwise authorized for use by the
driver to a point chosen by the rider; and
(B) does not include a shared-expense carpool or
vanpool arrangement that is not intended to generate
profit for the driver.
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