[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2019 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2019

 To prevent and remedy discrimination with respect to federally funded 
   transportation projects, programs, and activities, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 26, 2011

Ms. Richardson (for herself, Mr. Conyers, Mr. Nadler, Mr. Serrano, Ms. 
     Norton, Ms. Lee of California, Mr. Filner, Ms. Slaughter, Ms. 
 Velazquez, Mr. Jackson of Illinois, Mr. Cleaver, Mr. Stark, Mr. Lewis 
  of Georgia, Mr. Grijalva, Mr. DeFazio, Mr. Cummings, Mr. Towns, Ms. 
 Clarke of New York, Ms. Jackson Lee of Texas, Mr. Johnson of Georgia, 
   Mr. Sablan, Mrs. Napolitano, Ms. Chu, Ms. Bass of California, Mr. 
 Capuano, Ms. Fudge, Ms. Roybal-Allard, Mrs. Maloney, Mr. Ellison, Mr. 
     Sires, Mr. Butterfield, Ms. Brown of Florida, Mr. Cohen, Ms. 
Schakowsky, Mr. Payne, Mr. Rangel, Mr. Baca, Ms. Moore, Mr. Meeks, and 
Mrs. Christensen) introduced the following bill; which was referred to 
the Committee on Transportation and Infrastructure, and in addition to 
    the Committee on the Judiciary, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To prevent and remedy discrimination with respect to federally funded 
   transportation projects, programs, and activities, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transportation Opportunity and 
Accountability Act of 2011''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Public investment in the transportation system of the 
        United States is critical to ensuring equitable opportunities, 
        mobility, and economic security and prosperity for all 
        Americans.
            (2) To prevent and eliminate discrimination on the basis of 
        race, color, or national origin related to Federal 
        transportation funding, the Department of Transportation has 
        issued regulations to effectuate title VI of the Civil Rights 
        Act of 1964 (42 U.S.C. 2000d et seq.), which prohibit 
        discrimination on the basis of race, color, or national origin, 
        including actions that have the effect of discriminating 
        against individuals of a particular race, color, or national 
        origin.
            (3) Full enforcement of title VI of the Civil Rights Act of 
        1964 (42 U.S.C. 2000d et seq.) and related regulations is 
        necessary to establish accountability for recipients of Federal 
        funds and to ensure that Federal funds are not spent in a 
        manner that encourages, subsidizes, or results in 
        discrimination on the basis of race, color, or national origin, 
        directly or indirectly.
            (4) The absence of a private right of action to enforce 
        Department of Transportation regulations that effectuate title 
        VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) 
        would leave full vindication of the right to nondiscrimination 
        solely to the Department of Transportation, which may fail to 
        take necessary and appropriate action because of administrative 
        delay, limited resources, or other reasons.
            (5) The decision of the Supreme Court in Alexander v. 
        Sandoval, 532 U.S. 275 (2001), impairs protections against 
        discrimination intended by Congress, denying a private right of 
        action to redress conduct prohibited by title VI of the Civil 
        Rights Act of 1964 (42 U.S.C. 2000d et seq.) and related 
        regulations.
            (6) Action by Congress to confirm the existence of an 
        effective private right of action is necessary to ensure that 
        victims of discrimination will have a remedy if they are 
        excluded from, denied the benefits of, or subjected to 
        discrimination by programs or activities receiving Federal 
        financial assistance.
            (7) Without effective enforcement of equal opportunity and 
        nondiscrimination statutes and regulations, transportation 
        decisions and investments can directly or indirectly result in 
        discriminatory outcomes, including residential segregation, 
        population displacement, exclusion from transportation 
        decisionmaking, disproportionately high rates of exposure to 
        pollutants, and denial of equitable transportation benefits on 
        the basis of race, color, or national origin.
            (8) Without effective oversight and monitoring of equal 
        opportunity and nondiscrimination statutes and regulations, 
        transportation decisions and investments can directly or 
        indirectly result in the underemployment of racial and ethnic 
        minority workers and the underrepresentation of disadvantaged 
        business enterprises in Federal contracting.
            (9) The likelihood of owning an automobile varies by race, 
        color, and national origin, with 24 percent of African-American 
        households, 17 percent of Latino households, and 13 percent of 
        Asian-American households not owning an automobile as compared 
        to 7 percent of Caucasian households.
            (10) Reliance on public transportation varies by race, 
        color, and national origin, as nearly 60 percent of all transit 
        riders are people of color.
            (11) Public transportation investment decisions are 
        significantly related to access to job opportunities for 
        communities reliant on mass transit.
            (12) African-Americans, Latinos, and Asian-Americans are 
        more likely to rely on mass transit to get to work and school 
        than Caucasians and, in urban areas, people of color comprise 
        62 percent of all bus riders, 35 percent of all subway riders, 
        and 29 percent of all commuter rail riders.
            (13) Exposure to pollutants associated with highway, 
        freight facility, and other transportation investments varies 
        by race, color, and national origin, with African-Americans and 
        Latinos disproportionately exposed to harmful air pollutants 
        associated with highways and freeways.
            (14) Only 6 percent of the roughly 8,000,000 people 
        employed in the construction industry are African-American, 
        which results in African-American workers being less likely to 
        be hired on transportation projects.
            (15) Racial and ethnic minorities are underrepresented in 
        transportation decisionmaking bodies, as 88 percent of the 
        voting members of the 50 largest metropolitan planning 
        organizations in the United States are Caucasian, 7 percent are 
        African-American, 3 percent are Latino, and one percent are 
        Asian or Pacific Islander, and minorities are underrepresented 
        in State departments of transportation in almost all workforce 
        categories, including the officials and administrators who lead 
        those organizations and make hiring decisions.

SEC. 3. ENFORCEMENT RELATING TO TITLE VI OF THE CIVIL RIGHTS ACT OF 
              1964.

    (a) Administrative Enforcement.--
            (1) In general.--The Secretary of Transportation shall 
        enhance monitoring, enforcement, and technical assistance 
        activities carried out by the Department of Transportation to 
        ensure the compliance of recipients of Federal financial 
        assistance with title VI of the Civil Rights Act of 1964 (42 
        U.S.C. 2000d et seq.).
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $3,000,000 for 
        each of fiscal years 2012 through 2016.
    (b) Private Right of Action.--
            (1) Purpose.--It is the purpose of this subsection to 
        clarify that there is a private right of action to enforce the 
        regulations of the Department of Transportation issued to 
        effectuate title VI of the Civil Rights Act of 1964 (42 U.S.C. 
        2000d et seq.).
            (2) In general.--Any person aggrieved by the failure of a 
        recipient of Federal financial assistance to comply with any 
        regulation, or part thereof, that prohibits discrimination and 
        was issued by the Secretary of Transportation to effectuate 
        title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et 
        seq.) may bring a civil action in any Federal or State court of 
        competent jurisdiction.
            (3) Recovery with respect to intentional discrimination.--
        In an action brought by an aggrieved person pursuant to 
        paragraph (2) based on evidence of intentional discrimination, 
        the aggrieved person may recover equitable and legal relief, 
        reasonable attorney's fees (including expert fees), and costs.
            (4) Recovery with respect to discrimination based on 
        disparate impact.--In an action brought by an aggrieved person 
        pursuant to paragraph (2) based on evidence of disparate 
        impact, the aggrieved person may recover equitable relief, 
        reasonable attorney's fees (including expert fees), and costs.
            (5) Waiver of state immunity.--As a condition of receiving 
        Federal financial assistance from the Department of 
        Transportation, a State waives immunity under the 11th 
        Amendment of the Constitution of the United States with respect 
        to a civil action brought in Federal court under paragraph (2).
            (6) Relationship to other law.--Nothing in this subsection 
        may be interpreted to restrict or deny any other right, private 
        right of action, privilege, remedy, or protection expressly or 
        implicitly conferred by any other provision of law, including 
        any regulation.

SEC. 4. TRANSPORTATION EQUITY RESEARCH PROGRAM.

    (a) In General.--The Secretary of Transportation shall carry out 
research and demonstration activities relating to the impact of 
transportation planning, investment, and operations on low-income and 
minority populations, including populations that are transit dependent.
    (b) Required Activities.--Research and demonstration activities 
carried out under subsection (a) shall include activities to assist the 
development of--
            (1) strategies to advance equitable economic and community 
        development in low-income and minority communities;
            (2) strategies to increase the participation of low-income 
        and minority communities in transportation planning and 
        decisionmaking;
            (3) training programs that promote equitable employment 
        opportunities for low-income and minority individuals with 
        respect to federally funded transportation projects; and
            (4) research techniques for and data on the impact of 
        transportation policy on individuals without an automobile and 
        other vulnerable populations, including with respect to 
        disaster preparedness and response, public health, and land 
        use.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,000,000 for each of fiscal 
years 2012 through 2016.

SEC. 5. EQUAL OPPORTUNITY ASSESSMENT.

    (a) In General.--In accordance with this section, the Secretary of 
Transportation shall assess, throughout the United States, the extent 
to which nondiscrimination and equal opportunity exist in the 
construction and operation of federally funded transportation projects, 
programs, and activities.
    (b) Supporting Information.--In conducting the assessment under 
subsection (a), the Secretary shall--
            (1) review all demographic data, discrimination complaints, 
        reports, and other relevant information collected or prepared 
        by a recipient of Federal financial assistance or the 
        Department of Transportation pursuant to an applicable civil 
        rights statute, regulation, or other obligation; and
            (2) coordinate with the Secretary of Labor, as necessary, 
        to obtain information regarding equitable employment and 
        contracting opportunities.
    (c) Report.--Not later than 4 years after the date of enactment of 
this Act, and every 4 years thereafter, the Secretary shall submit to 
Congress and publish on the Web site of the Department of 
Transportation a report on the results of the assessment under 
subsection (a), which shall include the following:
            (1) A specification of the impediments to nondiscrimination 
        and equal opportunity in federally funded transportation 
        projects, programs, and activities.
            (2) Recommendations for overcoming the impediments 
        specified under paragraph (1).
            (3) Information upon which the assessment is based.
    (d) Collection and Reporting Procedures.--
            (1) Public availability.--The Secretary shall ensure, to 
        the extent appropriate, that all information reviewed or 
        collected for the assessment under subsection (a) is made 
        available to the public through the prompt and ongoing 
        publication of the information, including a summary of the 
        information, on the Web site of the Department of 
        Transportation.
            (2) Regulations.--The Secretary shall issue regulations for 
        the collection and reporting of information necessary to carry 
        out this section.
    (e) Coordination.--In carrying out this section, the Secretary 
shall coordinate with the Director of the Bureau of Transportation 
Statistics, the Director of the Departmental Office of Civil Rights, 
the Secretary of Labor, and the heads of such other agencies as may 
contribute to the assessment under subsection (a).
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $500,000 for each of fiscal 
years 2012 through 2016.
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