I 

117TH CONGRESS 

1ST SESSION H. R. 3317 

To amend chapter 53 of title 49, United States Code, to provide competitive 

grants to assist State and local governmental authorities in addressing 

accessibility needs of legacy rail fixed guideway public transportation 

systems. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 18, 2021 

Ms. NEWMAN (for herself and Mr. GARCI ́A of Illinois) introduced the following 

bill; which was referred to the Committee on Transportation and Infrastructure 

A BILL 

To amend chapter 53 of title 49, United States Code, to 

provide competitive grants to assist State and local governmental authorities in addressing accessibility needs 

of legacy rail fixed guideway public transportation systems. 

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 ‘‘All Station Accessi5 bility Program Act of 2021’’ or the ‘‘ASAP Act of 2021’’. 


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1 SEC. 2. COMPETITIVE GRANTS FOR ACCESSIBILITY UP2 GRADES TO LEGACY RAIL FIXED GUIDEWAY 

3 PUBLIC TRANSPORTATION SYSTEMS. 

4 (a) IN GENERAL.—Chapter 53 of title 49, United 

5 States Code, is amended by inserting after section 5315 

6 the following: 

7 ‘‘§ 5316. Accessibility grants for legacy rail fixed 

8 guideway public transportation systems 

9 ‘‘(a) DEFINITIONS.—In this section— 

10 ‘‘(1) the term ‘center for independent living’ 

11 has the meaning given the term in section 702 of the 

12 Rehabilitation Act of 1973 (29 U.S.C. 796a); 

13 ‘‘(2) the term ‘disability’ has the meaning given 

14 the term in section 3 of the Americans with Disabil15 ities Act of 1990 (42 U.S.C. 12102); 

16 ‘‘(3) the term ‘eligible entity’ means a State or 

17 local governmental authority; 

18 ‘‘(4) the term ‘legacy rail fixed guideway public 

19 transportation system’— 

20 ‘‘(A) means a rail fixed guideway public 

21 transportation system that was in operation be22 fore July 26, 1990; and 

23 ‘‘(B) includes a commuter rail system that 

24 uses stations or facilities for passenger use con25 structed before the date described in subpara26 graph (A); and 


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1 ‘‘(5) the term ‘protection and advocacy system’ 

2 means such a system established in accordance with 

3 section 143 of the Developmental Disabilities Assist4 ance and Bill of Rights Act of 2000 (42 U.S.C. 

5 15043). 

6 ‘‘(b) GRANTS.—The Secretary may make grants 

7 under this section to assist eligible entities in financing 

8 capital projects to upgrade the accessibility of legacy rail 

9 fixed guideway public transportation systems for persons 

10 with disabilities, including those who use wheelchairs, by 

11 increasing the number of existing (as of the date of enact12 ment of the ASAP Act) stations or facilities for passenger 

13 use that meet (including exceeding) the new construction 

14 standards of title II of the Americans with Disabilities Act 

15 of 1990 (42 U.S.C. 12131 et seq.). 

16 ‘‘(c) ELIGIBLE COSTS.— 

17 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

18 an eligible entity may use a grant awarded under 

19 this section— 

20 ‘‘(A) for a project to repair, improve, or re21 locate infrastructure of stations or facilities for 

22 passenger use, including load-bearing members 

23 that are an essential part of the structural 

24 frame; 


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1 ‘‘(B) to develop or modify a plan for pur2 suing public transportation accessibility 

3 projects, including— 

4 ‘‘(i) assessments of accessibility or as5 sessments of planned modifications to sta6 tions or facilities for passenger use, per7 formed by the protection and advocacy sys8 tem for persons with disabilities in the ap9 plicable State, a center for independent liv10 ing, or a similar nonprofit organization fo11 cused on ensuring people with disabilities 

12 are able to live in and participate in their 

13 communities; or 

14 ‘‘(ii) coordination by the recipient 

15 with such protection and advocacy system, 

16 center for independent living, or similar 

17 nonprofit organization; or 

18 ‘‘(C) to carry out other projects that meet 

19 (including exceeding) the new construction 

20 standards of title II of the Americans with Dis21 abilities Act of 1990. 

22 ‘‘(2) LIMITATION.—Eligible costs for a project 

23 funded with a grant awarded under this section shall 

24 be limited to the costs associated with carrying out 

25 the purpose authorized under subsection (b). 


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1 ‘‘(d) ELIGIBLE STATIONS OR FACILITIES FOR PAS2 SENGER USE.—An eligible entity— 

3 ‘‘(1) may not use a grant awarded under this 

4 section to upgrade a station or facility for passenger 

5 use that is accessible to and usable by individuals 

6 with disabilities, including individuals who use 

7 wheelchairs, consistent with current (as of the date 

8 of the upgrade) new construction standards under 

9 title II of the Americans with Disabilities Act of 

10 1990 (42 U.S.C. 12131 et seq.); and 

11 ‘‘(2) may use the grant to upgrade a station or 

12 facility for passenger use that is not accessible and 

13 usable as described in paragraph (1), even if the re14 lated service, program, or activity, when viewed in 

15 its entirely, is readily accessible and usable as so de16 scribed. 

17 ‘‘(e) ACCESSIBILITY COMMITMENT.—An eligible enti18 ty that receives a grant under this section shall adopt a 

19 plan under which the entity commits to pursuing public 

20 transportation accessibility projects that— 

21 ‘‘(1) enhance the customer experience and 

22 maximize accessibility of rolling stock and stations 

23 or facilities for passenger use for individuals with 

24 disabilities, including— 


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1 ‘‘(A) accessibility for individuals with phys2 ical disabilities, including those who use wheel3 chairs; 

4 ‘‘(B) accessibility for individuals with sen5 sory disabilities; and 

6 ‘‘(C) accessibility for individuals with intel7 lectual or developmental disabilities; 

8 ‘‘(2) improve the operations of, provide effi9 ciencies of service to, and enhance the public trans10 portation system for individuals with disabilities; and 

11 ‘‘(3) address equity of service to all riders re12 gardless of income, age, race, or ability, taking into 

13 account historical and current service gaps for low14 income riders, older individuals, riders from commu15 nities of color, and riders with disabilities. 

16 ‘‘(f) COORDINATION WITH DISABILITY ADVOCACY

17 ENTITIES.—In administering grants under this section, 

18 the Secretary shall encourage— 

19 ‘‘(1) coordination between recipients and dis20 ability advocacy entities such as the protection and 

21 advocacy system for persons with disabilities in the 

22 applicable State, a center for independent living, or 

23 a similar nonprofit organization focused on ensuring 

24 people with disabilities are able to live in and partici25 pate in their communities; and 


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1 ‘‘(2) assessments of accessibility or assessments 

2 of planned modifications to stations or facilities for 

3 passenger use, performed by such an advocacy enti4 ty, to the extent merited by the scope of the capital 

5 project of the recipient proposed to be assisted under 

6 this section. 

7 ‘‘(g) GOVERNMENT SHARE OF COSTS.—A grant for 

8 a project under this section shall be for 90 percent of the 

9 net project cost of the project. The recipient may provide 

10 additional local matching amounts.’’. 

11 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

12 5338 of title 49, United States Code, is amended— 

13 (1) by redesignating subsections (g) and (h) as 

14 subsections (h) and (i), respectively; and 

15 (2) by inserting after subsection (f) the fol16 lowing: 

17 ‘‘(g) ACCESSIBILITY GRANTS FOR LEGACY RAIL

18 FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS.— 

19 There are authorized to be appropriated to carry out sec20 tion 5316, $1,000,000,000 for fiscal year 2022 and each 

21 fiscal year thereafter.’’. 

22 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

23 The table of sections for chapter 53 of title 49, United 

24 States Code, is amended by inserting after the item relat25 ing to section 5315 the following: 


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‘‘5316. Accessibility grants for legacy rail fixed guideway public transportation 

systems.’’. 

Æ 


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