,,ii #aacth ,,congress #b;d ,session ,s4 #bhhg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ah1 #bjad ,mr4 ,harkin introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to expand access to transportation services for individuals with disabilities4 #a4 ,short title ,this ,act may be cited as the ,accessible ,transportation for ,all ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,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 service1 including taxi service and transportation network operator vehicles1 which-- 7,a7 is designed to enable persons who use wheelchairs or other mobility devices to be transported1 and to remain in their wheelchairs or other mobility devices if they so choose2 and 7,b7 affords independent access for people with disabilities to all in-vehicle functions generally available to other passengers in such vehicles1 including credit card payment devices4 7#b7 ,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-- 7,a7 to independently enter and exit the car via a ramp1 lift1 or similar device that permits access to the driver's seat1 while remaining in a manual wheelchair1 power wheelchair1 or other mobility device2 7,b7 to safely store a wheelchair or other mobility device in the car1 if desired2 and 7,c7 to independently operate the car1 including through using hand controls or other optional modifications4 7#c7 ,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 means4 7#d7 ,administration ,the term ,administration means the ,federal ,transit ,administration4 7#e7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,transit ,administration4 7#f7 ,discriminatory terms or conditions ,the term discriminatory terms or conditions includes-- 7,a7 denial of participation 7as described in section #cjb7;b77#a77;,a77i7 of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abahb7;b77#a77;,a77i7772 7,b7 participation in an unequal benefit 7as described in section #cjb7;b77#a77;,a77ii7 of such ,act72 7,c7 the imposition or application of eligibility criteria described in section #cjb7;b77#b77;,a77i7 of such ,act2 7,d7 a failure to make reasonable accommodations in policies1 practices1 or procedures 7as described in section #cjb7;b77#b77;,a77ii7 of such ,act72 7,e7 imposing a surcharge for the use of an accessible taxi or an accessible for-hire vehicle by a person with a disability2 and 7,f7 failing to permit an individual with a disability with his service animal4 7#g7 ,for hire transportation company ,the term for hire transportation company means a public or private entity operating a demand responsive system1 including a taxi service1 a transportation network company1 or other public or private entity providing transportation or access to non-fixed route transportation services4 7#h7 ,passenger car ,the term passenger car has the meaning given the term passenger automobile in section #cbija7;a7 of title #di1 ,united ,states ,code4 7#i7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7#aj7 ,transportation network company ,the term transportation network company means a company that uses a digital network1 a software application1 or other means to connect a passenger to transportation network services provided by a transportation network operator4 7#aa7 ,transportation network operator ,the term transportation network operator means an individual who operates a motor vehicle that is-- 7,a7 owned or leased by the individual2 7,b7 not licensed as a taxi or other public vehicle for hire2 and 7,c7 used to provide services through a transportation network or transportation network company4 #c4 ,accessibility and nondiscrimination 7a7 ,adequate provision of accessible vehicles ,any person who owns1 leases1 operates1 or arranges for the operation of transportation services to members of the public through a for hire transportation company1 taxi service1 or transportation network company shall provide1 or arrange for1 the adequate provision of accessible vehicles for hire to serve individuals with disabilities who require such services4 7b7 ,rights of disabled individuals ,an individual with a disability may not1 as a result of such disability-- 7#a7 be denied full and equal access to appropriate and usable transportation by a person providing transportation services1 including services-- 7,a7 through a transportation network company2 7,b7 through a for hire transportation company2 7,c7 through a taxi service2 or 7,d7 by a driver1 owner1 or operator of a taxi vehicle2 or 7#b7 be subject to discriminatory terms or conditions by any person who owns1 leases1 or operates a transportation vehicle1 or arranges for such transportation services1 to members of the public1 including the services set forth in subparagraphs 7,a7 through 7,d7 of paragraph 7#a74 7c7 ,applicable remedies and procedures ,the remedies and procedures set forth in sections #cjh7;a7 and #eje of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abahh7;a7 and #abbje7 shall be available to any person aggrieved by the failure of a person to comply with this section4 #d4 ,model accessible taxi competition 7a7 ,in general 7#a7 ,competition authorized ,not later than #ahj days after the date of the enactment of this ,act1 the ,administrator shall organize a national competition to design #a or more model accessible taxi vehicles4 7#b7 ,purpose ,the purpose of the competition under this section shall be to develop #a or more designs for an accessible taxi vehicle which1 without additional modification1 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 ,states4 7b7 ,eligible competitors ,any automobile manufacturer that manufactures vehicles for sale in the ,united ,states may submit a proposal for the competition authorized under this section1 regardless of size4 7c7 ,guidelines 7#a7 ,in general ,the ,administration shall establish guidelines for the competition authorized under this section in accordance with paragraphs 7#b7 through 7#e74 7#b7 ,cost ,a proposal may not be selected for a cash prize under subsection 7d7 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 ,states4 7#c7 ,collaboration requirement ,each proposal submitted under this section shall represent designs collaboratively developed by-- 7,a7 an eligible automobile manufacturer2 and 7,b7 at least #a national organization serving people with disabilities4 7#d7 ,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 adopt4 ,the ,administrator shall encourage competitors to seek feedback on their designs from members of a local taxi commission before such submission4 7#e7 ,vehicle attributes ,each proposal submitted under this section shall describe the specifications of the proposed accessible taxi vehicle1 including-- 7,a7 accessibility features and the extent to which such features allow for the full inclusion of individuals with various disabilities2 7,b7 estimated highway and city fuel economy2 7,c7 the cost of the vehicle2 7,d7 the extent to which the vehicle provides adequate space for passengers and any mobility devices1 including wheelchairs2 7,e7 the relative comfort provided for passengers with disabilities and others2 and 7,f7 available luggage or storage space4 7d7 ,selection ,the ,administrator shall convene a selection panel to select the winning proposals for the competition that includes representatives from the taxi industry1 the for-hire transportation industry1 and the disability community4 7e7 ,payment 7#a7 ,in general ,the ,administrator shall award automobile manufacturers that are selected pursuant to subsection 7d7 with cash prizes in an amount to be determined by the ,administrator4 7#b7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this section4 #e4 ,model accessible passenger car competition 7a7 ,in general 7#a7 ,competition authorized ,not later than #ahj days after the date of the enactment of this ,act1 the ,administrator shall organize a national competition to design #a or more model accessible passenger cars4 7#b7 ,purpose ,the purpose of the competition under this section shall be to develop #a or more designs for an accessible passenger car which1 without additional modification-- 7,a7 can be manufactured for an amount not to exceed #ge percent of the average manufacturing cost of a passenger car that is available for purchase by consumers in the ,united ,states2 and 7,b7 can be sold to the public for an amount not to exceed #ge percent of the average sale price of a new passenger car that is available for purchase by consumers in the ,united ,states4 7b7 ,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 section1 regardless of size4 7c7 ,guidelines 7#a7 ,in general ,the ,administrator shall establish guidelines for the competition authorized under this section in accordance with paragraphs 7#b7 through 7#e74 7#b7 ,cost ,a proposal may not be selected for a cash prize under subsection 7d7 unless the ,administrator determines that-- 7,a7 the cost for manufacturing the proposed accessible passenger car does not exceed #ge percent of the average manufacturing cost of a passenger car that is generally available for purchase by consumers in the ,united ,states2 and 7,b7 the sale price of the proposed accessible passenger car will not to exceed #ge percent of the average sale price of a new passenger car that is available for purchase by consumers in the ,united ,states4 7#c7 ,collaboration requirement ,each proposal submitted under this section shall represent designs collaboratively developed by-- 7,a7 an eligible automobile manufacturer2 7,b7 a postsecondary school of design2 and 7,c7 at least #a national organization serving people with disabilities4 7#d7 ,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 ,states4 7#e7 ,vehicle attributes ,each proposal submitted under this section shall describe the specifications of the proposed accessible passenger car1 including-- 7,a7 the extent to which the car meets the requirements of an accessible passenger car set forth in subsection 7a77#b72 7,b7 estimated highway and city fuel economy2 7,c7 the cost of the vehicle2 7,d7 the extent to which the vehicle provides adequate space for using and storing mobility devices1 including wheelchairs2 7,e7 whether the car includes hand controls1 either as standard equipment or as an option available from the manufacturer2 7,f7 the ease and comfort with which drivers with disabilities can enter and exit the car2 7,g7 the ease with which drivers with disabilities can reach and utilize car controls2 7,h7 the ease of making additional modifications to the car1 if necessary2 and 7,i7 available luggage or storage space4 7d7 ,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 community4 7e7 ,payment 7#a7 ,in general ,the ,administrator shall award cash prizes1 in an amount to be determined by the ,administrator1 to the automobile manufacturers1 postsecondary schools of design1 and disability organizations that collaborated on a design that was selected under subsection 7d74 7#b7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this section4 #f4 ,accessible ,taxi and ,for-,hire ,transportation ,board 7a7 ,establishment ,chapter #a of subtitle ,i of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #aaf4 ,accessible ,taxi and ,for-,hire ,transportation ,board 7a7 ,in general ,there is established in the ,administration an ,accessible ,taxi and ,for-,hire ,transportation ,board 7referred to in this section as the ,board74 7b7 ,membership ,the ,board shall be composed of #i members1 who shall be appointed as follows3 7#a7 ,public members 7,a7 ,in general ,the ,secretary of ,transportation shall appoint #e people with disabilities to the ,board1 including-- 7i7 at least #a person who uses a wheelchair for mobility2 7ii7 at least #a person who is deaf or hard of hearing2 7iii7 at least #a person who is blind or visually impaired2 and 7iv7 at least #a person with an intellectual disability or a developmental disability4 7,b7 ,term ,each public member appointed under this paragraph shall be appointed for a #b-year term4 7#b7 ,administration representatives ,the ,administrator shall designate #b officials of the ,administration to represent the ,administration on the ,board4 7#c7 ,taxi industry members ,the ,secretary shall appoint #b members from the taxi and for-hire transportation industry to the ,board4 7c7 ,chairperson ,the ,secretary shall designate a ,chairperson of the ,board from among the appointed public members of the ,board4 7d7 ,meetings ,the ,board shall meet at the call of the ,chairperson1 but not less frequently than #d times per year4 7e7 ,duties ,the ,board shall conduct activities to increase the availability of accessible taxis and other for-hire vehicles1 including-- 7#a7 coordinating with the ,federal ,transit ,administration to provide information and technical assistance to local municipalities1 taxi commissions1 and for hire transportation companies 7as defined in section #b of the ,accessible ,transportation for ,all ,act7-- 7,a7 to increase the availability of accessible taxi vehicles and accessible vehicles for hire2 and 7,b7 to facilitate improvements to access to taxis and other accessible for-hire transportation options for people with disabilities2 and 7#b7 submitting an annual report to the ,secretary that includes studies1 findings1 conclusions1 and recommendations about the availability of accessible taxi vehicles and accessible vehicles for hire throughout the ,nation1 including-- 7,a7 the number of accessible taxi vehicles and accessible vehicles for hire in the various ,states and localities1 including in the #be most populated cities in the ,united ,states2 7,b7 improvements1 increases1 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 ,states1 localities1 and cities referred to in subparagraph 7,a72 7,c7 any ,state or local policies1 ordinances1 regulations1 or statutes that led to the increases or changes referred to in subparagraph 7,b72 7,d7 barriers to further increases in the availability of accessible taxi vehicles and accessible vehicles for hire2 and 7,e7 recommendations about how best to address the barriers described in subparagraph 7,d74 7f7 ,personnel matters 7#a7 ,travel expenses ,the members of the ,board may not receive compensation for the performance of services for the ,board1 but shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the ,board4 ,notwithstanding section #acdb of title #ca1 ,united ,states ,code1 the ,secretary may accept the voluntary uncompensated services of members of the ,board4 7#b7 ,staff ,the ,secretary may designate such personnel as may be necessary to enable the ,board to perform its duties4 7#c7 ,detail of government employees ,any ,federal ,government employee1 with the approval of the head of the appropriate ,federal agency1 may be detailed to the ,board without reimbursement1 and such detail shall be without interruption or loss of civil service status or privilege4 7#d7 ,facilities1 equipment1 and services ,the ,secretary shall make available to the ,board necessary office space and furnish the ,board1 under such arrangements respecting financing as may be appropriate1 with necessary equipment1 supplies1 and services4 4 7b7 ,clerical amendment ,the table of sections in chapter #a of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #aaf4 ,accessible ,taxi and ,for-,hire ,transportation ,board4 4 #g4 ,state strategic plans for improving access to taxis and for-hire transportation 7a7 ,in general ,not later than the last day of the first calendar year beginning after the date of the enactment of this ,act1 each ,state shall develop a strategic plan that describes ways to increase the availability of accessible taxi vehicles1 accessible vehicles for hire1 and other accessible for-hire transportation options for people with disabilities in the ,state4 7b7 ,best practices ,each strategic plan developed under this section shall describe-- 7#a7 current best practices1 if any1 for increasing the availability of accessible taxi vehicles1 accessible vehicles for hire1 and other accessible for hire transportation options for people with disabilities within local municipalities in the ,state2 and 7#b7 any policies1 ordinances1 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 hire4 7c7 ,goals and objectives ,each strategic plan developed under this section-- 7#a7 shall outline long-term goals and specific objectives for increasing the availability of accessible taxi vehicles1 accessible vehicles for hire1 and other accessible for hire transportation options for people with disabilities2 7#b7 shall consider options1 including incentives1 to help reduce the cost of implementing an increase in the availability of accessible taxi vehicles1 accessible vehicles for hire1 and other accessible for hire transportation options for people with disabilities in the ,state2 and 7#c7 may examine how to reduce costs through the use of low-cost model taxis and other means4 7d7 ,collaboration ,each strategic plan developed under this section-- 7#a7 set yearly goals for the number and availability of accessible taxi vehicles and accessible vehicles for hire throughout the ,state2 7#b7 describe how the ,state will meet the goals referred to in paragraph 7#a72 7#c7 describe how the ,state will encourage interstate and intrastate collaboration to increase the availability of accessible taxi vehicles1 accessible vehicles for hire1 and other accessible for hire transportation options for people with disabilities through collaboration-- 7,a7 among municipalities2 7,b7 between municipalities and the ,state2 and 7,c7 between municipalities and private industry4 7e7 ,distribution 7#a7 ,submission ,not later than ,april #ast of each year1 each ,state shall submit the strategic plan developed under this section to the ,secretary4 7#b7 ,review ,the ,secretary shall review each ,state plan submitted under paragraph 7#a74 ,following each such review1 the ,secretary shall post the ,state strategic plan on a publicly available website to facilitate collaboration and to share information and best practices4 #h4 ,accessibility and service standards for accessible taxi vehicles and accessible vehicles for hire 7a7 ,in general ,not later than #ah months after the date of the enactment of this ,act1 the ,administrator1 in collaboration and consultation with the ,access ,board established under section #ejb of the ,rehabilitation ,act 7#bi ,u4,s4,c4 #gib71 shall promulgate regulatory standards1 in accordance with this section1 including-- 7#a7 accessibility standards for accessible taxi vehicles and accessible vehicles for hire2 and 7#b7 service standards for vehicles referred to in paragraph 7#a74 7b7 ,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 to1 and usable by1 passengers with disabilities1 including individuals that use wheelchairs or other mobility devices4 7c7 ,service standards ,service standards for accessible taxi vehicles and accessible vehicles for hire promulgated under this section shall1 at a minimum1 ensure that such vehicles-- 7#a7 are readily available in a manner 7including wait times7 that is comparable to other1 nonaccessible taxi vehicles or nonaccessible vehicles for hire in the area being served2 7#b7 can be requested using a variety of technological methods or systems2 and 7#c7 are operated by individuals who are trained in properly loading1 unloading1 securing1 and transporting individuals with disabilities4 #i4 ,tax credit for expenditures for accessible taxi vehicles 7a7 ,in general ,subsection 7c7 section #dd of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking paid or incurred by an eligible small business and inserting 8paid or incurred-- 7,a7 by an eligible small business 2 7,b7 by striking section74 and inserting section71 and2 and 7,c7 by inserting at the end the following3 7,b7 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 #h of the ,accessible ,transportation for ,all ,act4 2 and 7#b7 by adding at the end the following3 7#f7 ,definitions 7,a7 ,in general ,any term used in paragraph 7#a77;,b71 which is defined in section #b of the ,accessible ,transportation for ,all ,act shall have the meaning given such term in such section1 as in effect on the date of the enactment of this paragraph4 7,b7 ,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 ,federal1 ,state1 or local authority having jurisdiction over transportation furnished by such person4 4 7b7 ,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 ,act4