S. 2887 — Introduced in Senate

II 113th CONGRESS 2d Session S. 2887 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Harkin introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To expand access to transportation services for individuals with disabilities. 1. Short title This Act may be cited as the Accessible Transportation for All Act. 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. 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 usable 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. 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 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 manufactures 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. 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 manufactures 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, postsecondary 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. 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: 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). (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. . 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. 8. Accessibility and service standards for accessible taxi 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. 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.