HR4116-119

1. Short title This Act may be cited as the Disability Access to Transportation Act.

2. Findings Congress finds the following: According to the Centers for Disease Control and Prevention, 1 in 4 U.S. adults has a disability. Section 2(b) of the Americans with Disabilities Act of 1990 (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. Thirty-five 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. 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. Technology is changing the way the transportation industry provides services. Paratransit services often use outdated methods for dispatch and routing. Paratransit riders are not able to track the status of their rides and are often given 30 minute or longer pick-up windows before or after the rider’s desired departure time. Lengthy pick-up windows result in uncertainty about driver arrival times. The majority of paratransit services do not allow riders to book day-of services. In such cases, riders are required to book trips at least 1 day prior. Without a same-day service solution, riders have no way to address urgent healthcare, employment or other needs that arise. Adding this capability to paratransit services would be hugely impactful to riders. 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 increases access to these services and empowers individuals with disabilities to travel independently in their communities.

4. Pedestrian facilities in the public right-of-way Not later than 180 days after the date of enactment of this Act, the Attorney General shall issue such regulations as are necessary to adopt enforceable standards for new construction and alterations of pedestrian facilities in the public right-of-way that comply with the guidance issued by 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)), under part 1190 of title 36, Code of Federal Regulations.

5. Reporting accessibility complaints 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 subsection (a) by phone, by mail-in form, and online through the website of the Office of Civil Rights of the Federal Transit Administration. 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— 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; notice that a consumer can file a disability-related complaint with the Office of Civil Rights of the Federal Transit Administration; 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 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. 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— the number and type of complaints filed with Department of Transportation; the number of complaints investigated by the Department; the result of the complaints that were investigated by the Department including whether the complaint was resolved— informally; by issuing a violation through a noncompliance Letter of Findings; or by other means, which shall be described in detail; and if a violation was issued for a complaint, whether the Department resolved the noncompliance by— reaching a voluntary compliance agreement with the entity; referring the matter to the Attorney General; or by other means, which shall be described in detail. 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.

6. Accessibility data pilot program Not later than 1 year after the date of enactment of this Act, the Secretary shall establish an accessibility data pilot program. 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— measuring the level of access by multiple transportation modes, including transportation network companies, to desired destinations, which may include connections between modes, including connections to— high-quality transit or rail service; safe bicycling corridors; and safe sidewalks that achieve compliance with applicable requirements of the ADA; disaggregating the level of access by multiple transportation modes by a variety of population categories, which shall include— low-income populations; minority populations; age; disability such as sensory, cognitive, and physical, including wheelchair users; and geographical location; and assessing the change in accessibility that would result from new transportation investments. An entity eligible to participate in the pilot program is— a State; a metropolitan planning organization; or a rural transportation planning organization. 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— previous experience of the eligible entity measuring transportation access or other performance management experience; the types of important destinations to which the eligible entity intends to measure access; the types of data disaggregation the eligible entity intends to pursue; a general description of the methodology the eligible entity intends to apply; and 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. The Secretary shall seek to achieve diversity of participants in the pilot program by selecting a range of eligible entities that shall include— States; metropolitan planning organizations that serve an area with a population of 200,000 people or fewer; metropolitan planning organizations that serve an area with a population of over 200,000 people; and rural transportation planning organizations. The Secretary shall seek to ensure that, among the eligible entities selected under paragraph (1) program participants represent— a range of capacity and previous experience with measuring transportation access; and a variety of proposed methodologies and focus areas for measuring level of access. For each eligible entity participating in the pilot program, the Secretary shall— develop or acquire an accessibility data set described in subsection (b); and submit the data set to the eligible entity. In calculating the measures for the data set under the pilot program, the Secretary shall ensure that methodology is open source. The Secretary shall make an accessibility data set under the pilot program available to— units of local government within the jurisdiction of the eligible entity participating in the pilot program; and researchers. 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. 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. The pilot program shall terminate on the date that is 8 years after the date on which the pilot program is implemented.

7. Definitions In this Act: The term ADA means the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). The term State means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. The term transportation network company— 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 does not include a shared-expense carpool or vanpool arrangement that is not intended to generate profit for the driver.