[Congressional Record Volume 160, Number 134 (Thursday, September 18, 2014)]
[Senate]
[Pages S5790-S5792]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HARKIN:

[[Page S5790]]

  S. 2887. A bill to expand access to transportation services for 
individuals with disabilities; to the Committee on Finance.
  Mr. HARKIN. Mr. President, 24 years ago, Congress passed the 
Americans with Disabilities Act. I will never forget the day, July 26, 
1990, the ADA was signed into law. It was one of the proudest days of 
my legislative career.
  The ADA set forth four great goals for individuals with 
disabilities--equality of opportunity, full participation, independent 
living, and economic self-sufficiency. In many ways, we have been 
successful in making progress toward these goals. We have increased the 
accessibility of our buildings, our streets, even our parks, beaches 
and recreation areas. We have made our books and TVs, phones, 
computers, and other technology more accessible. And for many Americans 
with disabilities, our workplaces have become increasingly more open 
and accessible.
  America is far more inclusive, today, for individuals with 
disabilities. But our work is still far from complete.
  According to new data released this week, almost 30 percent of people 
with disabilities are living in poverty, and fewer than one in three 
individuals with a disability participate in the workforce. This is 
further evidence that we are far from realizing the ADA's goal of 
economic self-sufficiency for all people with disabilities.
  Today, the Health, Education, Labor, and Pensions Committee, which I 
chair, released a report titled ``Fulfilling the Promise: Overcoming 
Persistent Barriers to Economic Self-Sufficiency for People with 
Disabilities.'' In our report, we detail many of the barriers that 
adversely impact the economic well-being of individuals with 
disabilities--including the lack of accessible transportation and the 
lack of accessible housing. These barriers don't only affect 
individuals with disabilities who are living in poverty; they also 
impact individuals with disabilities who are striving to reach the 
American dream as members of the middle class.
  That is why, today, I am introducing three bills that I believe will 
begin to address these barriers to individuals with disabilities, S. 
2887, S. 2888, and S. 2889. The first bill, the Universal Home Design 
Act, will increase the availability of accessible housing for 
individuals with disabilities. The second, the Accessible 
Transportation for All Act, will increase the availability of 
accessible passenger cars and taxis. The third, the Exercise and 
Fitness for All Act, will increase the availability of exercise and 
fitness equipment that is accessible to individuals with disabilities, 
which will help individuals with disabilities maintain and improve 
their health through appropriate physical activity.
  I am confident that these three bills, along with the Community 
Integration Act, and the recently passed Workforce Innovation and 
Opportunity Act, will help provide the framework for a future of 
continued opportunities, inclusion and advancement for individuals with 
disabilities in America. I urge my Senate colleagues to support these 
important bills.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2887

       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 
     useable 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

[[Page S5791]]

     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 
     manufacturers 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 
     manufacturers 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, post secondary 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).

[[Page S5792]]

       ``(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 
                   TAXIS 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.
                                 ______