H.R. 4116 — Disability Access to Transportation Act

This section adds new congressional findings to the findings section of the Americans with Disabilities Act of 1990 (ADA). The findings state that (1) 1 in 4 U.S. adults has a disability; (2) the ADA sought to eliminate discrimination against individuals with disabilities, including in transportation; (3) 35 years after the ADA's enactment, individuals with disabilities continue to face systemic discrimination and lack accessible transportation options; (4) transportation is essential for independent living (e.g., for work, errands, and child care); (5) technology is transforming transportation services; (6) paratransit services use outdated dispatch and routing methods, lack ride tracking, and provide 30-minute or longer pickup windows; (7) most paratransit services require booking at least one day in advance, preventing same-day service for urgent needs; and (8) the transportation sector must innovate to increase access and enable independent travel for individuals with disabilities.

This section establishes a one-stop paratransit pilot program to be implemented by the Secretary of Transportation no later than 6 months after enactment. (As background, ADA paratransit provides door-to-door transportation for individuals with disabilities unable to use fixed-route public transit.) The program requires participating transit agencies to allow at least one stop of at least 15 minutes outside the vehicle during a paratransit trip; eligible agencies must use existing service operators and workforce, track and share specified data (e.g., trip times, stop lengths, rider satisfaction), and receive preference if they have prior comparable data, employ technology innovations (e.g., dynamic routing, real-time tracking, same-day on-demand rides), and use existing workforce. The Secretary must select a diverse range of at least 15 participants, including at least 5 agencies each serving areas with populations of 200,000 or fewer, over 200,000, and rural communities. Not later than 6 months after the first 15 pilots conclude, the Secretary must report to Congress on results, including feasibility for all ADA paratransit services. The section authorizes $75 million for each of FY2025 through FY2029, with a federal share not to exceed 80 percent.

This section directs the Attorney General to issue, not later than 180 days after the date of enactment, regulations adopting enforceable standards for new construction and alterations of pedestrian facilities in the public right-of-way that comply with guidance issued by the Architectural and Transportation Barriers Compliance Board (Access Board) pursuant to section 502(b)(3) of the Rehabilitation Act of 1973 under 36 C.F.R. part 1190. (As background, the Access Board develops accessibility guidelines for persons with disabilities under the Americans with Disabilities Act of 1990 and related laws; such guidelines become mandatory standards when adopted by federal enforcement agencies such as the Department of Justice.)

This section directs the Secretary of Transportation to ensure individuals or their representatives can easily file complaints of disability-based discrimination by public entities with the Department and to implement procedures for phone, mail-in, and online filing through the Federal Transit Administration's Office of Civil Rights website within one year of enactment. It further requires the Secretary, within 18 months of enactment, to direct public transit providers and paratransit contractors to post on their websites, mobile apps, and online services the FTA Office of Civil Rights disability hotline or equivalent, notices and links for filing complaints with that office, and local agency filing processes and timelines. The section also requires the Secretary to publish, within 60 days after the end of each fiscal year, a report detailing complaint numbers and types filed with the Department, investigations conducted, investigation results (informal resolutions, noncompliance findings, or other means), and violation resolutions (voluntary compliance agreements, Attorney General referrals, or other means); and, upon implementation, to issue a practicable report covering data from the preceding five years.

This section directs the Secretary of Transportation to establish an accessibility data pilot program not later than one year after enactment to develop or procure an open-source accessibility data set for selected eligible entities—states, metropolitan planning organizations (MPOs), and rural transportation planning organizations (RTPOs)—to improve transportation planning. The data set measures multimodal access (including transportation network companies, transit, rail, bicycling corridors, and ADA-compliant sidewalks) to key destinations; disaggregates access by low-income and minority populations, age, disability type (sensory, cognitive, physical, including wheelchair users), and geography; and assesses impacts of proposed transportation investments. (As background, MPOs and RTPOs develop long-range transportation plans under federal law; thus, the data set supports performance-based planning and equity analyses required by the Bipartisan Infrastructure Law.) To participate, eligible entities must apply with details on prior experience, destinations, disaggregation types, methodology, and geographic scope. The Secretary must select diverse participants—including small MPOs (serving ≤200,000 people), large MPOs (>200,000 people), states, and RTPOs—representing varied capacities and methods; provide the data set to participants and make it available to their local governments and researchers; and fund the program from existing administrative expenses. Not later than 120 days after providing data sets to participants, the Secretary must report to Congress on results, including feasibility of nationwide periodic data sets. The program sunsets eight years after implementation.

This section defines, for purposes of the Act, (1) ADA as the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); (2) State as each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States; and (3) transportation network company as a corporation, partnership, sole proprietorship, or other entity using an online-enabled application or digital network to connect riders to affiliated drivers for transport in a driver-owned, leased, or authorized vehicle (excluding shared-expense carpools or vanpools not intended to generate driver profit).