[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3217 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 3217

 To require the Secretary of Transportation to conduct a study on the 
  adequacy of motor vehicle refueling assistance to individuals with 
disabilities, to promulgate regulations in accordance with the results 
                 of such study, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2015

 Mrs. Bustos (for herself, Mr. Loebsack, Ms. Duckworth, and Mr. Farr) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of Transportation to conduct a study on the 
  adequacy of motor vehicle refueling assistance to individuals with 
disabilities, to promulgate regulations in accordance with the results 
                 of such study, 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 ``Refueling Assistance Act of 2015''.

SEC. 2. STUDY ON MOTOR VEHICLE REFUELING ASSISTANCE FOR QUALIFIED 
              INDIVIDUALS WITH DISABILITIES.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Transportation (in this Act 
referred to as the ``Secretary''), in consultation with the Attorney 
General, shall conduct a study on motor vehicle refueling assistance to 
qualified individuals with disabilities.
    (b) Subject Matter.--The study required by subsection (a) shall 
address the following:
            (1) The adequacy of Federal regulations and guidance in 
        effect at the time the study is conducted to enable qualified 
        individuals with disabilities to receive motor vehicle 
        refueling assistance in a safe, timely, convenient, and 
        consistent manner.
            (2) Data on the practices of gas stations for providing 
        motor vehicle refueling assistance to qualified individuals 
        with disabilities.
            (3) Measures available to gas stations to improve motor 
        vehicle refueling assistance for qualified individuals with 
        disabilities, including an assessment of the cost and 
        feasibility of implementing such measures, taking into account 
        variations in the equipment and technology used by gas stations 
        at the time of the study.
            (4) The extent to which the location of gas stations in 
        rural or urban areas affects the measures available to such gas 
        stations to improve motor vehicle refueling assistance for 
        qualified individuals with disabilities.
            (5) The feasibility of requiring gas stations to install a 
        freestanding device operable with a closed fist and reachable 
        from inside a motor vehicle (referred to in this subsection as 
        a ``calling device'') to be used by a qualified individual with 
        a disability to alert a station attendant that such individual 
        requires motor vehicle refueling assistance, including an 
        assessment of--
                    (A) the extent to which the installation of a 
                calling device would improve the ability of qualified 
                individuals with disabilities to receive motor vehicle 
                refueling assistance in a safe, timely, convenient, and 
                consistent manner;
                    (B) the measures necessary to ensure that a calling 
                device be designed and installed in accordance with all 
                accessibility guidelines for public accommodations 
                under title III of the Americans with Disabilities Act 
                of 1990 (42 U.S.C. 12181 et seq.);
                    (C) the need for appropriate signage at gas 
                stations--
                            (i) that clearly identifies the purpose of 
                        a calling device and the hours during which 
                        motor vehicle refueling assistance is available 
                        through use of the device; and
                            (ii) that is clearly visible to a qualified 
                        individual with a disability inside a motor 
                        vehicle in the refueling area of a gas station;
                    (D) the cost to a gas station to install and 
                maintain a calling device and the burden of such cost 
                on small and large gas stations; and
                    (E) funding opportunities to offset the cost of 
                installing calling devices, including grant programs 
                and new or existing tax credits.
            (6) Methods of disseminating information relating to the 
        availability of motor vehicle refueling assistance in 
        consultation with State officials, including the use of 
        Internet-based and smart phone technology to allow individuals 
        to search by location for gas stations with operable calling 
        devices.
    (c) Consultation With Interested Parties.--In conducting the study 
required by subsection (a), the Secretary shall consult with groups 
representing individuals with disabilities, groups representing 
veterans, gas station owners, and other interested parties.

SEC. 3. REPORT TO CONGRESS.

    Not later than 90 days after completing the study required by 
section 2(a), the Secretary, in consultation with the Attorney General, 
shall submit to Congress a report that--
            (1) summarizes the results of the study; and
            (2) includes recommendations for imposing feasible and 
        cost-effective requirements on gas stations to improve motor 
        vehicle refueling assistance for qualified individuals with 
        disabilities.

SEC. 4. REGULATIONS.

    Not later than 180 days after submitting the report required by 
section 3, the Secretary, in consultation with the Attorney General, 
shall promulgate any regulations that the Secretary considers necessary 
to improve motor vehicle refueling assistance for qualified individuals 
with disabilities, taking into account the results of the study 
required by section 2(a).

SEC. 5. ENFORCEMENT.

    (a) Civil Penalty.--
            (1) In general.--Except as provided in subsection (b), the 
        Secretary may impose a civil penalty on a person that the 
        Secretary determines, in accordance with subchapter II of 
        chapter 5 of title 5, United States Code (commonly known as the 
        ``Administrative Procedure Act''), knowingly violates the 
        regulations promulgated pursuant to section 4.
            (2) Determination of amount of penalty.--In determining the 
        amount of the penalty to be imposed on a person under paragraph 
        (1), the Secretary shall consider the severity of the 
        violation, the size of the relevant business owned or operated 
        by the person, and the extent to which the penalty will affect 
        the financial viability of such business.
    (b) Notice of Violation.--The Secretary may not impose a penalty on 
a person for violating the regulations promulgated pursuant to section 
4 unless such violation continues for more than 30 days after the date 
on which the individual receives notice of the violation.

SEC. 6. QUALIFIED INDIVIDUAL WITH A DISABILITY DEFINED.

    In this Act, the term ``qualified individual with a disability'' 
has the meaning given the term in section 201(2) of the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12131).
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