[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2887 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2887

   To expand access to transportation services for individuals with 
                             disabilities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 18, 2014

  Mr. Harkin introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
   To expand access to transportation services 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 ``Accessible Transportation for All 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Accessible vehicle for hire.--The term ``accessible 
        vehicle for hire'' means a vehicle used in a demand responsive 
        system by private entities to provide non-fixed route 
        transportation service, including taxi service and 
        transportation network operator vehicles, which--
                    (A) is designed to enable persons who use 
                wheelchairs or other mobility devices to be 
                transported, and to remain in their wheelchairs or 
                other mobility devices if they so choose; and
                    (B) affords independent access for people with 
                disabilities to all in-vehicle functions generally 
                available to other passengers in such vehicles, 
                including credit card payment devices.
            (2) Accessible passenger car.--The term ``accessible 
        passenger car'' means a passenger car that is designed to 
        enable persons who use wheelchairs or other mobility devices as 
        a result of a significant mobility impairment--
                    (A) to independently enter and exit the car via a 
                ramp, lift, or similar device that permits access to 
                the driver's seat, while remaining in a manual 
                wheelchair, power wheelchair, or other mobility device;
                    (B) to safely store a wheelchair or other mobility 
                device in the car, if desired; and
                    (C) to independently operate the car, including 
                through using hand controls or other optional 
                modifications.
            (3) Accessible taxi vehicle.--The term ``accessible taxi 
        vehicle'' means an accessible vehicle for hire operated by a 
        taxi company or other company that provides immediate service 
        through on-street hailing or on-demand dispatch by telephone or 
        electronic means.
            (4) Administration.--The term ``Administration'' means the 
        Federal Transit Administration.
            (5) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Transit Administration.
            (6) Discriminatory terms or conditions.--The term 
        ``discriminatory terms or conditions'' includes--
                    (A) denial of participation (as described in 
                section 302(b)(1)(A)(i) of the Americans with 
                Disabilities Act of 1990 (42 U.S.C. 
                12182(b)(1)(A)(i)));
                    (B) participation in an unequal benefit (as 
                described in section 302(b)(1)(A)(ii) of such Act);
                    (C) the imposition or application of eligibility 
                criteria described in section 302(b)(2)(A)(i) of such 
                Act;
                    (D) a failure to make reasonable accommodations in 
                policies, practices, or procedures (as described in 
                section 302(b)(2)(A)(ii) of such Act);
                    (E) imposing a surcharge for the use of an 
                accessible taxi or an accessible for-hire vehicle by a 
                person with a disability; and
                    (F) failing to permit an individual with a 
                disability with his service animal.
            (7) For hire transportation company.--The term ``for hire 
        transportation company'' means a public or private entity 
        operating a demand responsive system, including a taxi service, 
        a transportation network company, or other public or private 
        entity providing transportation or access to non-fixed route 
        transportation services.
            (8) Passenger car.--The term ``passenger car'' has the 
        meaning given the term ``passenger automobile'' in section 
        32901(a) of title 49, United States Code.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (10) Transportation network company.--The term 
        ``transportation network company'' means a company that uses a 
        digital network, a software application, or other means to 
        connect a passenger to transportation network services provided 
        by a transportation network operator.
            (11) Transportation network operator.--The term 
        ``transportation network operator'' means an individual who 
        operates a motor vehicle that is--
                    (A) owned or leased by the individual;
                    (B) not licensed as a taxi or other public vehicle 
                for hire; and
                    (C) used to provide services through a 
                transportation network or transportation network 
                company.

SEC. 3. ACCESSIBILITY AND NONDISCRIMINATION.

    (a) Adequate Provision of Accessible Vehicles.--Any person who 
owns, leases, operates, or arranges for the operation of transportation 
services to members of the public through a for hire transportation 
company, taxi service, or transportation network company shall provide, 
or arrange for, the adequate provision of accessible vehicles for hire 
to serve individuals with disabilities who require such services.
    (b) Rights of Disabled Individuals.--An individual with a 
disability may not, as a result of such disability--
            (1) be denied full and equal access to appropriate and 
        usable transportation by a person providing transportation 
        services, including services--
                    (A) through a transportation network company;
                    (B) through a for hire transportation company;
                    (C) through a taxi service; or
                    (D) by a driver, owner, or operator of a taxi 
                vehicle; or
            (2) be subject to discriminatory terms or conditions by any 
        person who owns, leases, or operates a transportation vehicle, 
        or arranges for such transportation services, to members of the 
        public, including the services set forth in subparagraphs (A) 
        through (D) of paragraph (1).
    (c) Applicable Remedies and Procedures.--The remedies and 
procedures set forth in sections 308(a) and 505 of the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12188(a) and 12205) shall be 
available to any person aggrieved by the failure of a person to comply 
with this section.

SEC. 4. MODEL ACCESSIBLE TAXI COMPETITION.

    (a) In General.--
            (1) Competition authorized.--Not later than 180 days after 
        the date of the enactment of this Act, the Administrator shall 
        organize a national competition to design 1 or more model 
        accessible taxi vehicles.
            (2) Purpose.--The purpose of the competition under this 
        section shall be to develop 1 or more designs for an accessible 
        taxi vehicle which, without additional modification, can be 
        manufactured for an amount not to exceed the sum of the average 
        manufacturing cost of a minivan that is generally available for 
        purchase by consumers in the United States.
    (b) Eligible Competitors.--Any automobile manufacturer that 
manufactures vehicles for sale in the United States may submit a 
proposal for the competition authorized under this section, regardless 
of size.
    (c) Guidelines.--
            (1) In general.--The Administration shall establish 
        guidelines for the competition authorized under this section in 
        accordance with paragraphs (2) through (5).
            (2) Cost.--A proposal may not be selected for a cash prize 
        under subsection (d) unless the Administrator determines that 
        the cost for manufacturing the proposed accessible taxi vehicle 
        does not exceed the average manufacturing cost of a minivan 
        that is generally available for purchase by consumers in the 
        United States.
            (3) Collaboration requirement.--Each proposal submitted 
        under this section shall represent designs collaboratively 
        developed by--
                    (A) an eligible automobile manufacturer; and
                    (B) at least 1 national organization serving people 
                with disabilities.
            (4) Adoptability.--Proposals submitted under this section 
        shall be judged on whether the design for an accessible taxi 
        vehicle represents a design that a local taxi commission could 
        realistically adopt. The Administrator shall encourage 
        competitors to seek feedback on their designs from members of a 
        local taxi commission before such submission.
            (5) Vehicle attributes.--Each proposal submitted under this 
        section shall describe the specifications of the proposed 
        accessible taxi vehicle, including--
                    (A) accessibility features and the extent to which 
                such features allow for the full inclusion of 
                individuals with various disabilities;
                    (B) estimated highway and city fuel economy;
                    (C) the cost of the vehicle;
                    (D) the extent to which the vehicle provides 
                adequate space for passengers and any mobility devices, 
                including wheelchairs;
                    (E) the relative comfort provided for passengers 
                with disabilities and others; and
                    (F) available luggage or storage space.
    (d) Selection.--The Administrator shall convene a selection panel 
to select the winning proposals for the competition that includes 
representatives from the taxi industry, the for-hire transportation 
industry, and the disability community.
    (e) Payment.--
            (1) In general.--The Administrator shall award automobile 
        manufacturers that are selected pursuant to subsection (d) with 
        cash prizes in an amount to be determined by the Administrator.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        this section.

SEC. 5. MODEL ACCESSIBLE PASSENGER CAR COMPETITION.

    (a) In General.--
            (1) Competition authorized.--Not later than 180 days after 
        the date of the enactment of this Act, the Administrator shall 
        organize a national competition to design 1 or more model 
        accessible passenger cars.
            (2) Purpose.--The purpose of the competition under this 
        section shall be to develop 1 or more designs for an accessible 
        passenger car which, without additional modification--
                    (A) can be manufactured for an amount not to exceed 
                75 percent of the average manufacturing cost of a 
                passenger car that is available for purchase by 
                consumers in the United States; and
                    (B) can be sold to the public for an amount not to 
                exceed 75 percent of the average sale price of a new 
                passenger car that is available for purchase by 
                consumers in the United States.
    (b) Eligible Competitors.--Any automobile manufacturer that 
manufactures passenger cars for sale in the United States may submit a 
proposal for the competition authorized under this section, regardless 
of size.
    (c) Guidelines.--
            (1) In general.--The Administrator shall establish 
        guidelines for the competition authorized under this section in 
        accordance with paragraphs (2) through (5).
            (2) Cost.--A proposal may not be selected for a cash prize 
        under subsection (d) unless the Administrator determines that--
                    (A) the cost for manufacturing the proposed 
                accessible passenger car does not exceed 75 percent of 
                the average manufacturing cost of a passenger car that 
                is generally available for purchase by consumers in the 
                United States; and
                    (B) the sale price of the proposed accessible 
                passenger car will not to exceed 75 percent of the 
                average sale price of a new passenger car that is 
                available for purchase by consumers in the United 
                States.
            (3) Collaboration requirement.--Each proposal submitted 
        under this section shall represent designs collaboratively 
        developed by--
                    (A) an eligible automobile manufacturer;
                    (B) a postsecondary school of design; and
                    (C) at least 1 national organization serving people 
                with disabilities.
            (4) Standards.--Proposals submitted under this section 
        shall meet the general requirements set by the Department of 
        Transportation for all passenger cars available for purchase in 
        the United States.
            (5) Vehicle attributes.--Each proposal submitted under this 
        section shall describe the specifications of the proposed 
        accessible passenger car, including--
                    (A) the extent to which the car meets the 
                requirements of an accessible passenger car set forth 
                in subsection (a)(2);
                    (B) estimated highway and city fuel economy;
                    (C) the cost of the vehicle;
                    (D) the extent to which the vehicle provides 
                adequate space for using and storing mobility devices, 
                including wheelchairs;
                    (E) whether the car includes hand controls, either 
                as standard equipment or as an option available from 
                the manufacturer;
                    (F) the ease and comfort with which drivers with 
                disabilities can enter and exit the car;
                    (G) the ease with which drivers with disabilities 
                can reach and utilize car controls;
                    (H) the ease of making additional modifications to 
                the car, if necessary; and
                    (I) available luggage or storage space.
    (d) Selection.--The Administrator shall convene a selection panel 
to select the winning proposals for the competition that includes 
representatives from the automobile industry and the disability 
community.
    (e) Payment.--
            (1) In general.--The Administrator shall award cash prizes, 
        in an amount to be determined by the Administrator, to the 
        automobile manufacturers, postsecondary schools of design, and 
        disability organizations that collaborated on a design that was 
        selected under subsection (d).
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        this section.

SEC. 6. ACCESSIBLE TAXI AND FOR-HIRE TRANSPORTATION BOARD.

    (a) Establishment.--Chapter 1 of subtitle I of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 116. Accessible Taxi and For-Hire Transportation Board
    ``(a) In General.--There is established in the Administration an 
Accessible Taxi and For-Hire Transportation Board (referred to in this 
section as the `Board').
    ``(b) Membership.--The Board shall be composed of 9 members, who 
shall be appointed as follows:
            ``(1) Public members.--
                    ``(A) In general.--The Secretary of Transportation 
                shall appoint 5 people with disabilities to the Board, 
                including--
                            ``(i) at least 1 person who uses a 
                        wheelchair for mobility;
                            ``(ii) at least 1 person who is deaf or 
                        hard of hearing;
                            ``(iii) at least 1 person who is blind or 
                        visually impaired; and
                            ``(iv) at least 1 person with an 
                        intellectual disability or a developmental 
                        disability.
                    ``(B) Term.--Each public member appointed under 
                this paragraph shall be appointed for a 2-year term.
            ``(2) Administration representatives.--The Administrator 
        shall designate 2 officials of the Administration to represent 
        the Administration on the Board.
            ``(3) Taxi industry members.--The Secretary shall appoint 2 
        members from the taxi and for-hire transportation industry to 
        the Board.
    ``(c) Chairperson.--The Secretary shall designate a Chairperson of 
the Board from among the appointed public members of the Board.
    ``(d) Meetings.--The Board shall meet at the call of the 
Chairperson, but not less frequently than 4 times per year.
    ``(e) Duties.--The Board shall conduct activities to increase the 
availability of accessible taxis and other for-hire vehicles, 
including--
            ``(1) coordinating with the Federal Transit Administration 
        to provide information and technical assistance to local 
        municipalities, taxi commissions, and for hire transportation 
        companies (as defined in section 2 of the Accessible 
        Transportation for All Act)--
                    ``(A) to increase the availability of accessible 
                taxi vehicles and accessible vehicles for hire; and
                    ``(B) to facilitate improvements to access to taxis 
                and other accessible for-hire transportation options 
                for people with disabilities; and
            ``(2) submitting an annual report to the Secretary that 
        includes studies, findings, conclusions, and recommendations 
        about the availability of accessible taxi vehicles and 
        accessible vehicles for hire throughout the Nation, including--
                    ``(A) the number of accessible taxi vehicles and 
                accessible vehicles for hire in the various States and 
                localities, including in the 25 most populated cities 
                in the United States;
                    ``(B) improvements, increases, or changes in the 
                availability of accessible taxi vehicles and accessible 
                vehicles for hire to access to taxis and other for-hire 
                transportation in the States, localities, and cities 
                referred to in subparagraph (A);
                    ``(C) any State or local policies, ordinances, 
                regulations, or statutes that led to the increases or 
                changes referred to in subparagraph (B);
                    ``(D) barriers to further increases in the 
                availability of accessible taxi vehicles and accessible 
                vehicles for hire; and
                    ``(E) recommendations about how best to address the 
                barriers described in subparagraph (D).
    ``(f) Personnel Matters.--
            ``(1) Travel expenses.--The members of the Board may not 
        receive compensation for the performance of services for the 
        Board, but shall be allowed travel expenses, including per diem 
        in lieu of subsistence, at rates authorized for employees of 
        agencies under subchapter I of chapter 57 of title 5, United 
        States Code, while away from their homes or regular places of 
        business in the performance of services for the Board. 
        Notwithstanding section 1342 of title 31, United States Code, 
        the Secretary may accept the voluntary uncompensated services 
        of members of the Board.
            ``(2) Staff.--The Secretary may designate such personnel as 
        may be necessary to enable the Board to perform its duties.
            ``(3) Detail of government employees.--Any Federal 
        Government employee, with the approval of the head of the 
        appropriate Federal agency, may be detailed to the Board 
        without reimbursement, and such detail shall be without 
        interruption or loss of civil service status or privilege.
            ``(4) Facilities, equipment, and services.--The Secretary 
        shall make available to the Board necessary office space and 
        furnish the Board, under such arrangements respecting financing 
        as may be appropriate, with necessary equipment, supplies, and 
        services.''.
    (b) Clerical Amendment.--The table of sections in chapter 1 of 
title 49, United States Code, is amended by adding at the end the 
following:

``116. Accessible Taxi and For-Hire Transportation Board.''.

SEC. 7. STATE STRATEGIC PLANS FOR IMPROVING ACCESS TO TAXIS AND FOR-
              HIRE TRANSPORTATION.

    (a) In General.--Not later than the last day of the first calendar 
year beginning after the date of the enactment of this Act, each State 
shall develop a strategic plan that describes ways to increase the 
availability of accessible taxi vehicles, accessible vehicles for hire, 
and other accessible for-hire transportation options for people with 
disabilities in the State.
    (b) Best Practices.--Each strategic plan developed under this 
section shall describe--
            (1) current best practices, if any, for increasing the 
        availability of accessible taxi vehicles, accessible vehicles 
        for hire, and other accessible for hire transportation options 
        for people with disabilities within local municipalities in the 
        State; and
            (2) any policies, ordinances, or regulations adopted by 
        municipalities to achieve the highest possible standard for 
        accessibility and lowest possible cost for accessible taxi 
        vehicles and accessible vehicle for hire.
    (c) Goals and Objectives.--Each strategic plan developed under this 
section--
            (1) shall outline long-term goals and specific objectives 
        for increasing the availability of accessible taxi vehicles, 
        accessible vehicles for hire, and other accessible for hire 
        transportation options for people with disabilities;
            (2) shall consider options, including incentives, to help 
        reduce the cost of implementing an increase in the availability 
        of accessible taxi vehicles, accessible vehicles for hire, and 
        other accessible for hire transportation options for people 
        with disabilities in the State; and
            (3) may examine how to reduce costs through the use of low-
        cost model taxis and other means.
    (d) Collaboration.--Each strategic plan developed under this 
section--
            (1) set yearly goals for the number and availability of 
        accessible taxi vehicles and accessible vehicles for hire 
        throughout the State;
            (2) describe how the State will meet the goals referred to 
        in paragraph (1);
            (3) describe how the State will encourage interstate and 
        intrastate collaboration to increase the availability of 
        accessible taxi vehicles, accessible vehicles for hire, and 
        other accessible for hire transportation options for people 
        with disabilities through collaboration--
                    (A) among municipalities;
                    (B) between municipalities and the State; and
                    (C) between municipalities and private industry.
    (e) Distribution.--
            (1) Submission.--Not later than April 1st of each year, 
        each State shall submit the strategic plan developed under this 
        section to the Secretary.
            (2) Review.--The Secretary shall review each State plan 
        submitted under paragraph (1). Following each such review, the 
        Secretary shall post the State strategic plan on a publicly 
        available website to facilitate collaboration and to share 
        information and best practices.

SEC. 8. ACCESSIBILITY AND SERVICE STANDARDS FOR ACCESSIBLE TAXI 
              VEHICLES AND ACCESSIBLE VEHICLES FOR HIRE.

    (a) In General.--Not later than 18 months after the date of the 
enactment of this Act, the Administrator, in collaboration and 
consultation with the Access Board established under section 502 of the 
Rehabilitation Act (29 U.S.C. 792), shall promulgate regulatory 
standards, in accordance with this section, including--
            (1) accessibility standards for accessible taxi vehicles 
        and accessible vehicles for hire; and
            (2) service standards for vehicles referred to in paragraph 
        (1).
    (b) Accessibility Standards.--Accessibility standards for 
accessible taxi vehicles and accessible vehicles for hire promulgated 
under this section shall ensure that such vehicles are fully accessible 
to, and usable by, passengers with disabilities, including individuals 
that use wheelchairs or other mobility devices.
    (c) Service Standards.--Service standards for accessible taxi 
vehicles and accessible vehicles for hire promulgated under this 
section shall, at a minimum, ensure that such vehicles--
            (1) are readily available in a manner (including wait 
        times) that is comparable to other, nonaccessible taxi vehicles 
        or nonaccessible vehicles for hire in the area being served;
            (2) can be requested using a variety of technological 
        methods or systems; and
            (3) are operated by individuals who are trained in properly 
        loading, unloading, securing, and transporting individuals with 
        disabilities.

SEC. 9. TAX CREDIT FOR EXPENDITURES FOR ACCESSIBLE TAXI VEHICLES.

    (a) In General.--Subsection (c) section 44 of the Internal Revenue 
Code of 1986 is amended--
            (1) in paragraph (1)--
                    (A) by striking ``paid or incurred by an eligible 
                small business'' and inserting ``paid or incurred--
                    ``(A) by an eligible small business'';
                    (B) by striking ``section).'' and inserting 
                ``section), and''; and
                    (C) by inserting at the end the following:
                    ``(B) by an eligible small business which is a 
                qualified taxi company for the purpose of purchasing or 
                adapting a vehicle for use as an accessible taxi 
                vehicle that meets the guidelines established under 
                section 8 of the Accessible Transportation for All 
                Act.''; and
            (2) by adding at the end the following:
            ``(6) Definitions.--
                    ``(A) In general.--Any term used in paragraph 
                (1)(B), which is defined in section 2 of the Accessible 
                Transportation for All Act shall have the meaning given 
                such term in such section, as in effect on the date of 
                the enactment of this paragraph.
                    ``(B) Qualified taxi company.--The term `qualified 
                taxi company' means a person that provides passenger 
                land transportation for a fixed fare by a taxicab and 
                is licensed to engage in the trade or business of 
                furnishing such transportation by a Federal, State, or 
                local authority having jurisdiction over transportation 
                furnished by such person.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to expenses paid or incurred in taxable years beginning after the 
date of the enactment of this Act.
                                 <all>