Gas Pump Access Act of 2016

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gas Pump Access Act of 2016''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The technical assistance materials for the Americans 
        with Disabilities Act of 1990 of the Department of Justice 
        requires gas stations, including those offering self-service, 
        to provide equal access for their customers with disabilities.
            (2) Customers with disabilities are advised that they can 
        obtain refueling assistance by either honking or otherwise 
        signaling an employee.
            (3) The Americans with Disabilities Act of 1990 requires 
        self-service gas stations to provide refueling assistance upon 
        the request of a qualified person with a disability if there is 
        more than one attendant on duty at the station. Such service is 
        provided without any charge beyond the self-service price.
            (4) A qualified person with a disability is described as a 
        person to whom an accessible or disabled parking permit has 
        been issued or a person who is in legal possession of a 
        specialized motor vehicle license plate indicating that the 
        owner is a person with a disability.
            (5) History has shown that these methods to attract 
        refueling assistance are not effective. Throughout the United 
        States, individuals with disabilities who need gas pumping 
        assistance at gas stations or convenience stores do not 
        generally receive such assistance when they honk their horns, 
        flash their headlights, or otherwise signal to attract the 
        attention of an attendant inside the facility. This is not 
        considered equal access under the Americans with Disabilities 
        Act of 1990.
            (6) In 2014, the State of Florida enacted House Bill 7005, 
        which requires phone numbers to be placed on all gas pumps not 
        later than two years after July 1, 2014. This requirement 
        allows qualified individuals with disabilities to call on their 
        cell phones for free gas pumping assistance. However, should 
        such refueling assistance be requested during times when a 
        second attendant is not present at a self-service gasoline 
        station, the Florida gas station retailer is not required to 
        provide the requested assistance and will inform the caller. 
        History has proven this to be a simple, inexpensive, common 
        sense, effective solution that is favored by both customers 
        with disabilities and the petroleum and convenience store 
        industries.
            (7) Today, unlike in 1990, almost everyone owns a cell 
        phone. Owning a cell phone is a safety measure for drivers with 
        disabilities in case their vehicle breaks down on the road.

SEC. 3. PURPOSE.

    The purpose of this Act is to provide accessibility to gas stations 
by ensuring that it will be considered discrimination under the 
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) for a 
gas station to fail to display a phone number to call for assistance on 
each self-service gas pump of the gas station.

SEC. 4. ACCESSIBILITY.

    (a) Notification Requirement.--
            (1) In general.--It shall be considered discrimination for 
        purposes of section 302 of the Americans with Disabilities Act 
        of 1990 (42 U.S.C. 12182) for a gas station or convenience 
        store to fail to clearly display at each self-service gas pump 
        a decal that--
                    (A) is at least 15 square inches in size;
                    (B) has a blue background;
                    (C) includes the telephone number of the gas 
                station or convenience store at which such pump is 
                located and the words ``Call for Assistance'' in 
                printed white text; and
                    (D) includes the International Symbol of 
                Accessibility.
            (2) Operational telephone.--With respect to the telephone 
        number indicated on the decal, it shall be considered 
        discrimination for purposes of section 302 of the Americans 
        with Disabilities Act of 1990 (42 U.S.C. 12182) if the phone 
        connected to such number is not operational and answered 
        directly by an employee of the gas station retailer during the 
        hours the gas station retailer is open for business to the 
        public.
    (b) Assistance.--
            (1) Two or more attendants.--It shall be considered 
        discrimination for purposes of section 302 of the Americans 
        with Disabilities Act of 1990 (42 U.S.C. 12182) for a gas 
        station or convenience store that is open for business to the 
        public with two or more attendants on duty to fail to provide 
        gas pumping assistance to a qualified individual with a 
        disability who makes a request for such assistance.
            (2) One attendant.--It shall not be considered 
        discrimination for purposes of section 302 of the Americans 
        with Disabilities Act of 1990 (42 U.S.C. 12182) for a gas 
        station or convenience store that is open for business to the 
        public with one attendant on duty to fail to provide gas 
        pumping assistance to a qualified individual with a disability 
        who makes a request for such assistance, if such attendant 
        notifies the individual that assistance cannot be provided 
        because there is only one attendant on duty.
    (c) Further Accessibility Standards.--Nothing in this section shall 
prohibit a unit of local government from adopting an ordinance, or 
enforcing an existing ordinance, that expands the accessibility, 
safety, or availability of fueling assistance to a motor vehicle 
operator with a qualified disability.
    (d) Regulations.--Not later than two years after the date of the 
enactment of this Act, the Secretary of Transportation and the Attorney 
General shall each promulgate such regulations as are necessary to 
ensure compliance with this section.
    (e) Example of Decal Made Publicly Available.--Not later than six 
months after the date of the enactment of this Act, the Secretary of 
Transportation and the Attorney General shall make a graphic example of 
a decal described in subsection (a) publicly available at no cost, in 
downloadable format, on the websites of the Department of 
Transportation and the Department of Justice, respectively. Such decal 
shall have a blank area in which a telephone number may be inserted.

Summary: Gas Pump Access Act of 2016 This bill declares that it shall be a prohibited form of discrimination against individuals with disabilities in a place of public accommodation under the Americans with Disabilities Act of 1990 for a gas station or convenience store to fail to clearly display at each self-service gas pump a decal that includes its telephone number and the words quot, Call for Assistance. quot. A gas station or convenience store that is open for business to the public with at least two attendants on duty must provide gas pumping assistance to a qualified individual with a disability who makes a request for such assistance. But it shall not be considered discrimination for a gas station or convenience store with one attendant on duty to fail to provide such requested gas pumping assistance if such attendant notifies the individual that assistance cannot be provided because there is only one attendant on duty. The Department of Transportation and the Department of Justice must promulgate regulations necessary to ensure compliance with this bill and make graphics for the decals publicly available on their websites.