[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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