I 112th CONGRESS 1st Session H. R. 2019 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. Velázquez, 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.

1.

Short title

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

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.

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.

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.

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.