I 

114TH CONGRESS 

1ST SESSION H. R. 3217 

To require the Secretary of Transportation to conduct a study on the adequacy of motor vehicle refueling assistance to individuals with disabilities, 

to promulgate regulations in accordance with the results of such study, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 27, 2015 

Mrs. BUSTOS (for herself, Mr. LOEBSACK, Ms. DUCKWORTH, and Mr. FARR) 

introduced the following bill; which was referred to the Committee on the 

Judiciary 

A BILL 

To require the Secretary of Transportation to conduct a 

study on the adequacy of motor vehicle refueling assistance to individuals with disabilities, to promulgate regulations in accordance with the results of such study, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Refueling Assistance 

5 Act of 2015’’. 


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1 SEC. 2. STUDY ON MOTOR VEHICLE REFUELING ASSIST2 ANCE FOR QUALIFIED INDIVIDUALS WITH 

3 DISABILITIES. 

4 (a) IN GENERAL.—Not later than one year after the 

5 date of the enactment of this Act, the Secretary of Trans6 portation (in this Act referred to as the ‘‘Secretary’’), in 

7 consultation with the Attorney General, shall conduct a 

8 study on motor vehicle refueling assistance to qualified in9 dividuals with disabilities. 

10 (b) SUBJECT MATTER.—The study required by sub11 section (a) shall address the following: 

12 (1) The adequacy of Federal regulations and 

13 guidance in effect at the time the study is conducted 

14 to enable qualified individuals with disabilities to re15 ceive motor vehicle refueling assistance in a safe, 

16 timely, convenient, and consistent manner. 

17 (2) Data on the practices of gas stations for 

18 providing motor vehicle refueling assistance to quali19 fied individuals with disabilities. 

20 (3) Measures available to gas stations to im21 prove motor vehicle refueling assistance for qualified 

22 individuals with disabilities, including an assessment 

23 of the cost and feasibility of implementing such 

24 measures, taking into account variations in the 

25 equipment and technology used by gas stations at 

26 the time of the study. 


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1 (4) The extent to which the location of gas sta2 tions in rural or urban areas affects the measures 

3 available to such gas stations to improve motor vehi4 cle refueling assistance for qualified individuals with 

5 disabilities. 

6 (5) The feasibility of requiring gas stations to 

7 install a freestanding device operable with a closed 

8 fist and reachable from inside a motor vehicle (re9 ferred to in this subsection as a ‘‘calling device’’) to 

10 be used by a qualified individual with a disability to 

11 alert a station attendant that such individual re12 quires motor vehicle refueling assistance, including 

13 an assessment of— 

14 (A) the extent to which the installation of 

15 a calling device would improve the ability of 

16 qualified individuals with disabilities to receive 

17 motor vehicle refueling assistance in a safe, 

18 timely, convenient, and consistent manner; 

19 (B) the measures necessary to ensure that 

20 a calling device be designed and installed in ac21 cordance with all accessibility guidelines for 

22 public accommodations under title III of the 

23 Americans with Disabilities Act of 1990 (42 

24 U.S.C. 12181 et seq.); 


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1 (C) the need for appropriate signage at gas 

2 stations— 

3 (i) that clearly identifies the purpose 

4 of a calling device and the hours during 

5 which motor vehicle refueling assistance is 

6 available through use of the device; and 

7 (ii) that is clearly visible to a qualified 

8 individual with a disability inside a motor 

9 vehicle in the refueling area of a gas sta10 tion; 

11 (D) the cost to a gas station to install and 

12 maintain a calling device and the burden of 

13 such cost on small and large gas stations; and 

14 (E) funding opportunities to offset the cost 

15 of installing calling devices, including grant pro16 grams and new or existing tax credits. 

17 (6) Methods of disseminating information relat18 ing to the availability of motor vehicle refueling as19 sistance in consultation with State officials, includ20 ing the use of Internet-based and smart phone tech21 nology to allow individuals to search by location for 

22 gas stations with operable calling devices. 

23 (c) CONSULTATION WITH INTERESTED PARTIES.— 

24 In conducting the study required by subsection (a), the 

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1 uals with disabilities, groups representing veterans, gas 

2 station owners, and other interested parties. 

3 SEC. 3. REPORT TO CONGRESS. 

4 Not later than 90 days after completing the study 

5 required by section 2(a), the Secretary, in consultation 

6 with the Attorney General, shall submit to Congress a re7 port that— 

8 (1) summarizes the results of the study; and 

9 (2) includes recommendations for imposing fea10 sible and cost-effective requirements on gas stations 

11 to improve motor vehicle refueling assistance for 

12 qualified individuals with disabilities. 

13 SEC. 4. REGULATIONS. 

14 Not later than 180 days after submitting the report 

15 required by section 3, the Secretary, in consultation with 

16 the Attorney General, shall promulgate any regulations 

17 that the Secretary considers necessary to improve motor 

18 vehicle refueling assistance for qualified individuals with 

19 disabilities, taking into account the results of the study 

20 required by section 2(a). 

21 SEC. 5. ENFORCEMENT. 

22 (a) CIVIL PENALTY.— 

23 (1) IN GENERAL.—Except as provided in sub24 section (b), the Secretary may impose a civil penalty 

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1 cordance with subchapter II of chapter 5 of title 5, 

2 United States Code (commonly known as the ‘‘Ad3 ministrative Procedure Act’’), knowingly violates the 

4 regulations promulgated pursuant to section 4. 

5 (2) DETERMINATION OF AMOUNT OF PEN6 ALTY.—In determining the amount of the penalty to 

7 be imposed on a person under paragraph (1), the 

8 Secretary shall consider the severity of the violation, 

9 the size of the relevant business owned or operated 

10 by the person, and the extent to which the penalty 

11 will affect the financial viability of such business. 

12 (b) NOTICE OF VIOLATION.—The Secretary may not 

13 impose a penalty on a person for violating the regulations 

14 promulgated pursuant to section 4 unless such violation 

15 continues for more than 30 days after the date on which 

16 the individual receives notice of the violation. 

17 SEC. 6. QUALIFIED INDIVIDUAL WITH A DISABILITY DE18 FINED. 

19 In this Act, the term ‘‘qualified individual with a dis20 ability’’ has the meaning given the term in section 201(2) 

21 of the Americans with Disabilities Act of 1990 (42 U.S.C. 

22 12131). 

Æ 


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