Sec. 2103. General provisions
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/bill/116/hr/2/rds/section-2103A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 5323 of title 49, United States Code, is amended— in subsection (d)— in paragraph
(1)by striking urban area and inserting urbanized area ; by adding at the end the following: This subsection shall not apply to financial assistance under this chapter— in which the non-Federal share of project costs are provided from amounts received under a service agreement with a State or local social service agency or private social service organization pursuant to section 5307(d)(3)(E) or section 5311(g)(3)(C); provided to a recipient or subrecipient whose sole receipt of such assistance derives from section 5310; or provided to a recipient operating a fixed route service that is— for a period of less than 30 days; accessible to the public; contracted by a local government entity that provides local cost share to the recipient; and not contracted for the purposes of a convention or on behalf of a convention and visitors bureau. The Secretary shall publish guidelines for grant recipients and private bus operators that clarify when and how a transit agency may step back and provide the service in the event a registered charter provider does not contact the customer, provide a quote, or provide the service. ; in subsection (h)— in paragraph
(1)by adding or at the end; and by striking paragraph
(2)and redesignating paragraph
(3)as paragraph (2); by striking subsection
(j)and inserting the following: The Secretary shall ensure that an individual who believes that he or she, or a specific class in which the individual belongs, has been subjected to discrimination on the basis of disability by a State or local governmental entity, private nonprofit organization, or Tribe that operates a public transportation service and is a recipient or subrecipient of funds under this chapter, may, by the individual or by an authorized representative, file a complaint with the Department of Transportation. Not later than 1 year after the date of enactment of the INVEST in America Act , the Secretary shall implement procedures that allow an individual to submit a complaint described in paragraph
(1)by phone, mail-in form, and online through the website of the Office of Civil Rights of the Federal Transit Administration. Not later than 12 months after the date of enactment of the INVEST in America 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— 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; 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; and 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. 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— 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; 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. The Secretary shall, upon implementation of this section and annually thereafter, submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Banking, Housing, and Urban Affairs of the Senate, and make publicly available a report containing the information collected under this section. ; by striking subsection
(m)and inserting the following: The Secretary shall prescribe regulations requiring a preaward and postdelivery review of a grant under this chapter to buy rolling stock to ensure compliance with bid specifications requirements of grant recipients under this chapter. Under this subsection, grantee inspections and review are required, and a manufacturer certification is not sufficient. ; and in subsection (r)— by inserting or beneficial after detrimental ; by striking the period at the end and inserting ; and ; by striking under this chapter may not deny and inserting the following: under this chapter— may not deny ; and by adding at the end the following: shall respond to any request for reasonable access within 75 days of the receipt of the request and, if a recipient of assistance under this chapter denies access to a private intercity or charter transportation operator based on the reasonable access standards, provide, in writing, the reasons for the denial. .