[Congressional Record Volume 167, Number 137 (Monday, August 2, 2021)]
[Senate]
[Pages S5618-S5619]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2217. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

       Beginning on page 1287, strike line 22 and all that follows 
     through page 1288, line 3, and insert the following:
       ``(A) $13,434,000,000 for fiscal year 2022;
       ``(B) $13,719,000,000 for fiscal year 2023;
       ``(C) $14,079,000,000 for fiscal year 2024;
       ``(D) $14,374,000,000 for fiscal year 2025; and
       ``(E) $14,742,000,000 for fiscal year 2026.
       On page 1289, strike lines 3 through 11 and insert 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;
        On page 1317, between lines 18 and 19, insert the 
     following:

     SEC. 30___. ACCESSIBLE TRANSPORTATION IMPROVEMENTS FOR 
                   INDIVIDUALS WITH DISABILITIES.

       (a) One-stop Paratransit Pilot Program.--
       (1) In general.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary shall establish a one-
     stop paratransit pilot program.
       (2) Purpose.--The purpose of the pilot program under this 
     subsection 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.
       (3) Eligible entities.--
       (A) 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--
       (i) number of ADA paratransit trips conducted each year;
       (ii) requested time of each paratransit trip;
       (iii) scheduled time of each paratransit trip;
       (iv) actual pickup time for each paratransit trip;
       (v) average length of a stop in the middle of a ride as 
     allowed by this section;
       (vi) any complaints received by a paratransit rider;
       (vii) rider satisfaction with paratransit services; and
       (viii) after the completion of the pilot program, an 
     assessment by the eligible entity of its capacity to continue 
     a one-stop program independently.
       (B) Preference.--The Secretary shall give preference to 
     entities that--
       (i) 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
       (ii) plan to use agency personnel to implement the pilot 
     program.
       (4) 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--
       (A) locations the eligible entity intends to allow a stop 
     at, if stops are limited, including--
       (i) childcare or education facilities;
       (ii) pharmacies;
       (iii) grocery stores; and
       (iv) bank or ATM locations;
       (B) methodology for informing the public of the pilot 
     program;
       (C) vehicles, personnel, and other resources that will be 
     used to implement the pilot program; and
       (D) 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.
       (5) 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 5 of each 
     of the following:
       (A) An eligible entity that serves an area with a 
     population of 200,000 people or fewer.
       (B) An eligible entity that serves an area with a 
     population of over 200,000 people.
       (C) An eligible entity that provides transportation for 
     rural communities.
       (6) Report.--Not later than 3 months after the conclusion 
     of the first 15 pilot projects carried out under this 
     subsection, 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.
       (7) Funding.--
       (A) Federal share.--The Federal share of the total cost of 
     a project carried out under this subsection may not exceed 80 
     percent.
       (B) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this subsection $75,000,000 
     for each of fiscal years 2022 through 2026.
       (b) Pedestrian Facilities in the Public Right-of-way.--
       (1) 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.
       (2) Adoption of regulations.--Not later than 180 days after 
     the establishment of the guidelines pursuant to paragraph 
     (1), the Secretary shall issue such regulations as are 
     necessary to adopt such guidelines.
       (c) Reporting Accessibility Complaints.--
       (1) In general.--The Secretary shall ensure that an 
     individual who believes that he

[[Page S5619]]

     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. 
     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.
       (2) 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--
       (A) 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;
       (B) notice that a consumer can file a disability-related 
     complaint with the Office of Civil Rights of the Federal 
     Transit Administration;
       (C) 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
       (D) 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.
       (3) 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 paragraph (1), including--
       (A) the number and type of complaints filed with 
     Department;
       (B) the number of complaints investigated by the 
     Department;
       (C) the result of the complaints that were investigated by 
     the Department including whether the complaint was resolved--
       (i) informally;
       (ii) by issuing a violation through a noncompliance Letter 
     of Findings; or
       (iii) by other means, which shall be described in detail; 
     and
       (D) if a violation was issued for a complaint, whether the 
     Department resolved the noncompliance by--
       (i) reaching a voluntary compliance agreement with the 
     entity;
       (ii) referring the matter to the Attorney General; or
       (iii) by other means, which shall be described in detail.
       (4) Report.--Upon implementation of this subsection, the 
     Secretary shall, to the extent practicable, issue a report 
     composed of the information collected under this subsection 
     for the preceding 5 years.
       (d) Accessibility Data Pilot Program.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall establish an 
     accessibility data pilot program.
       (2) 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--
       (A) measuring the level of access by multiple 
     transportation modes, including transportation network 
     companies, to important destinations, which may include--
       (i) jobs, including areas with a concentration of available 
     jobs;
       (ii) health care facilities;
       (iii) child care services;
       (iv) educational and workforce training facilities;
       (v) affordable housing;
       (vi) food sources; and
       (vii) 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;

       (B) disaggregating the level of access by multiple 
     transportation modes by a variety of population categories, 
     which shall include--
       (i) low-income populations;
       (ii) minority populations;
       (iii) age;
       (iv) disability such as sensory, cognitive, and physical, 
     including wheelchair users; and
       (v) geographical location; and
       (C) assessing the change in accessibility that would result 
     from new transportation investments.
       (3) Eligible entities.--An entity eligible to participate 
     in the pilot program is--
       (A) a State;
       (B) a metropolitan planning organization; or
       (C) a rural transportation planning organization.
       (4) 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--
       (A) previous experience of the eligible entity measuring 
     transportation access or other performance management 
     experience;
       (B) the types of important destinations to which the 
     eligible entity intends to measure access;
       (C) the types of data disaggregation the eligible entity 
     intends to pursue;
       (D) a general description of the methodology the eligible 
     entity intends to apply; and
       (E) 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.
       (5) Selection.--
       (A) 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--
       (i) States;
       (ii) metropolitan planning organizations that serve an area 
     with a population of 200,000 people or fewer;
       (iii) metropolitan planning organizations that serve an 
     area with a population of over 200,000 people; and
       (iv) rural transportation planning organizations.
       (B) Inclusions.--The Secretary shall seek to ensure that, 
     among the eligible entities selected under subparagraph (A) 
     program participants represent--
       (i) a range of capacity and previous experience with 
     measuring transportation access; and
       (ii) a variety of proposed methodologies and focus areas 
     for measuring level of access.
       (6) Duties.--For each eligible entity participating in the 
     pilot program, the Secretary shall--
       (A) develop or acquire an accessibility data set described 
     in paragraph (2); and
       (B) submit the data set to the eligible entity.
       (7) Methodology.--In calculating the measures for the data 
     set under the pilot program, the Secretary shall ensure that 
     methodology is open source.
       (8) Availability.--The Secretary shall make an 
     accessibility data set under the pilot program available to--
       (A) units of local government within the jurisdiction of 
     the eligible entity participating in the pilot program; and
       (B) researchers.
       (9) Report.--Not later than 120 days after the last date on 
     which the Secretary submits data sets to the eligible entity 
     under paragraph (6), 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.
       (10) 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.
       (11) Sunset.--The pilot program shall terminate on the date 
     that is 8 years after the date on which the pilot program is 
     implemented.
       (e) Definitions.--In this section:
       (1) ADA.--The term ``ADA'' means the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
       (2) Department.--The term ``Department'' means the 
     Department of Transportation.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (4) State.--The term ``State'' means each of the several 
     States, the District of Columbia, and any commonwealth, 
     territory, or possession of the United States.
       (5) 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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