HR 2019
112th CONGRESS
1st Session
H. R. 2019
To prevent and remedy discrimination with respect to federally funded
transportation projects, programs, and activities, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
May 26, 2011
Ms. RICHARDSON (for herself, Mr. CONYERS, Mr. NADLER, Mr. SERRANO, Ms. NORTON,
Ms. LEE of California, Mr. FILNER, Ms. SLAUGHTER, Ms. VELAZQUEZ, Mr. JACKSON
of Illinois, Mr. CLEAVER, Mr. STARK, Mr. LEWIS of Georgia, Mr. GRIJALVA, Mr.
DEFAZIO, Mr. CUMMINGS, Mr. TOWNS, Ms. CLARKE of New York, Ms. JACKSON LEE
of Texas, Mr. JOHNSON of Georgia, Mr. SABLAN, Mrs. NAPOLITANO, Ms. CHU, Ms.
BASS of California, Mr. CAPUANO, Ms. FUDGE, Ms. ROYBAL-ALLARD, Mrs. MALONEY,
Mr. ELLISON, Mr. SIRES, Mr. BUTTERFIELD, Ms. BROWN of Florida, Mr. COHEN,
Ms. SCHAKOWSKY, Mr. PAYNE, Mr. RANGEL, Mr. BACA, Ms. MOORE, Mr. MEEKS, and
Mrs. CHRISTENSEN) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the Committee
on the Judiciary, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the jurisdiction
of the committee concerned
A BILL
To prevent and remedy discrimination with respect to federally funded
transportation projects, programs, and activities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Transportation Opportunity and Accountability
Act of 2011'.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Public investment in the transportation system of the United States
is critical to ensuring equitable opportunities, mobility, and economic
security and prosperity for all Americans.
(2) To prevent and eliminate discrimination on the basis of race, color,
or national origin related to Federal transportation funding, the Department
of Transportation has issued regulations to effectuate title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.), which prohibit discrimination
on the basis of race, color, or national origin, including actions that
have the effect of discriminating against individuals of a particular race,
color, or national origin.
(3) Full enforcement of title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.) and related regulations is necessary to establish accountability
for recipients of Federal funds and to ensure that Federal funds are not
spent in a manner that encourages, subsidizes, or results in discrimination
on the basis of race, color, or national origin, directly or indirectly.
(4) The absence of a private right of action to enforce Department of Transportation
regulations that effectuate title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.) would leave full vindication of the right to nondiscrimination
solely to the Department of Transportation, which may fail to take necessary
and appropriate action because of administrative delay, limited resources,
or other reasons.
(5) The decision of the Supreme Court in Alexander v. Sandoval, 532 U.S.
275 (2001), impairs protections against discrimination intended by Congress,
denying a private right of action to redress conduct prohibited by title
VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and related
regulations.
(6) Action by Congress to confirm the existence of an effective private
right of action is necessary to ensure that victims of discrimination will
have a remedy if they are excluded from, denied the benefits of, or subjected
to discrimination by programs or activities receiving Federal financial
assistance.
(7) Without effective enforcement of equal opportunity and nondiscrimination
statutes and regulations, transportation decisions and investments can directly
or indirectly result in discriminatory outcomes, including residential segregation,
population displacement, exclusion from transportation decisionmaking, disproportionately
high rates of exposure to pollutants, and denial of equitable transportation
benefits on the basis of race, color, or national origin.
(8) Without effective oversight and monitoring of equal opportunity and
nondiscrimination statutes and regulations, transportation decisions and
investments can directly or indirectly result in the underemployment of
racial and ethnic minority workers and the underrepresentation of disadvantaged
business enterprises in Federal contracting.
(9) The likelihood of owning an automobile varies by race, color, and national
origin, with 24 percent of African-American households, 17 percent of Latino
households, and 13 percent of Asian-American households not owning an automobile
as compared to 7 percent of Caucasian households.
(10) Reliance on public transportation varies by race, color, and national
origin, as nearly 60 percent of all transit riders are people of color.
(11) Public transportation investment decisions are significantly related
to access to job opportunities for communities reliant on mass transit.
(12) African-Americans, Latinos, and Asian-Americans are more likely to
rely on mass transit to get to work and school than Caucasians and, in urban
areas, people of color comprise 62 percent of all bus riders, 35 percent
of all subway riders, and 29 percent of all commuter rail riders.
(13) Exposure to pollutants associated with highway, freight facility, and
other transportation investments varies by race, color, and national origin,
with African-Americans and Latinos disproportionately exposed to harmful
air pollutants associated with highways and freeways.
(14) Only 6 percent of the roughly 8,000,000 people employed in the construction
industry are African-American, which results in African-American workers
being less likely to be hired on transportation projects.
(15) Racial and ethnic minorities are underrepresented in transportation
decisionmaking bodies, as 88 percent of the voting members of the 50 largest
metropolitan planning organizations in the United States are Caucasian,
7 percent are African-American, 3 percent are Latino, and one percent are
Asian or Pacific Islander, and minorities are underrepresented in State
departments of transportation in almost all workforce categories, including
the officials and administrators who lead those organizations and make hiring
decisions.
SEC. 3. ENFORCEMENT RELATING TO TITLE VI OF THE CIVIL RIGHTS ACT OF 1964.
(a) Administrative Enforcement-
(1) IN GENERAL- The Secretary of Transportation shall enhance monitoring,
enforcement, and technical assistance activities carried out by the Department
of Transportation to ensure the compliance of recipients of Federal financial
assistance with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d
et seq.).
(2) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
to carry out this subsection $3,000,000 for each of fiscal years 2012 through
2016.
(b) Private Right of Action-
(1) PURPOSE- It is the purpose of this subsection to clarify that there
is a private right of action to enforce the regulations of the Department
of Transportation issued to effectuate title VI of the Civil Rights Act
of 1964 (42 U.S.C. 2000d et seq.).
(2) IN GENERAL- Any person aggrieved by the failure of a recipient of Federal
financial assistance to comply with any regulation, or part thereof, that
prohibits discrimination and was issued by the Secretary of Transportation
to effectuate title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d
et seq.) may bring a civil action in any Federal or State court of competent
jurisdiction.
(3) RECOVERY WITH RESPECT TO INTENTIONAL DISCRIMINATION- In an action brought
by an aggrieved person pursuant to paragraph (2) based on evidence of intentional
discrimination, the aggrieved person may recover equitable and legal relief,
reasonable attorney's fees (including expert fees), and costs.
(4) RECOVERY WITH RESPECT TO DISCRIMINATION BASED ON DISPARATE IMPACT- In
an action brought by an aggrieved person pursuant to paragraph (2) based
on evidence of disparate impact, the aggrieved person may recover equitable
relief, reasonable attorney's fees (including expert fees), and costs.
(5) WAIVER OF STATE IMMUNITY- As a condition of receiving Federal financial
assistance from the Department of Transportation, a State waives immunity
under the 11th Amendment of the Constitution of the United States with respect
to a civil action brought in Federal court under paragraph (2).
(6) RELATIONSHIP TO OTHER LAW- Nothing in this subsection may be interpreted
to restrict or deny any other right, private right of action, privilege,
remedy, or protection expressly or implicitly conferred by any other provision
of law, including any regulation.
SEC. 4. TRANSPORTATION EQUITY RESEARCH PROGRAM.
(a) In General- The Secretary of Transportation shall carry out research and
demonstration activities relating to the impact of transportation planning,
investment, and operations on low-income and minority populations, including
populations that are transit dependent.
(b) Required Activities- Research and demonstration activities carried out
under subsection (a) shall include activities to assist the development of--
(1) strategies to advance equitable economic and community development in
low-income and minority communities;
(2) strategies to increase the participation of low-income and minority
communities in transportation planning and decisionmaking;
(3) training programs that promote equitable employment opportunities for
low-income and minority individuals with respect to federally funded transportation
projects; and
(4) research techniques for and data on the impact of transportation policy
on individuals without an automobile and other vulnerable populations, including
with respect to disaster preparedness and response, public health, and land
use.
(c) Authorization of Appropriations- There is authorized to be appropriated
to carry out this section $1,000,000 for each of fiscal years 2012 through
2016.
SEC. 5. EQUAL OPPORTUNITY ASSESSMENT.
(a) In General- In accordance with this section, the Secretary of Transportation
shall assess, throughout the United States, the extent to which nondiscrimination
and equal opportunity exist in the construction and operation of federally
funded transportation projects, programs, and activities.
(b) Supporting Information- In conducting the assessment under subsection
(a), the Secretary shall--
(1) review all demographic data, discrimination complaints, reports, and
other relevant information collected or prepared by a recipient of Federal
financial assistance or the Department of Transportation pursuant to an
applicable civil rights statute, regulation, or other obligation; and
(2) coordinate with the Secretary of Labor, as necessary, to obtain information
regarding equitable employment and contracting opportunities.
(c) Report- Not later than 4 years after the date of enactment of this Act,
and every 4 years thereafter, the Secretary shall submit to Congress and publish
on the Web site of the Department of Transportation a report on the results
of the assessment under subsection (a), which shall include the following:
(1) A specification of the impediments to nondiscrimination and equal opportunity
in federally funded transportation projects, programs, and activities.
(2) Recommendations for overcoming the impediments specified under paragraph
(1).
(3) Information upon which the assessment is based.
(d) Collection and Reporting Procedures-
(1) PUBLIC AVAILABILITY- The Secretary shall ensure, to the extent appropriate,
that all information reviewed or collected for the assessment under subsection
(a) is made available to the public through the prompt and ongoing publication
of the information, including a summary of the information, on the Web site
of the Department of Transportation.
(2) REGULATIONS- The Secretary shall issue regulations for the collection
and reporting of information necessary to carry out this section.
(e) Coordination- In carrying out this section, the Secretary shall coordinate
with the Director of the Bureau of Transportation Statistics, the Director
of the Departmental Office of Civil Rights, the Secretary of Labor, and the
heads of such other agencies as may contribute to the assessment under subsection
(a).
(f) Authorization of Appropriations- There is authorized to be appropriated
to carry out this section $500,000 for each of fiscal years 2012 through 2016.
END
