[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2038 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2038

      To increase accessible transportation for individuals with 
                             disabilities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 10, 2021

 Mr. Menendez introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
      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) Thirty 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 five 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) of title 49, United States Code, is amended by 
striking subparagraph (D) and inserting the following:
                    ``(D) $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 shall be 
                available to provide financial assistance for services 
                for the enhanced mobility of seniors and individuals 
                with disabilities under section 5310;''.

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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