on the basis of race, color, or national origin, di-
rectly 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 vin-
dication of the right to nondiscrimination solely to 
the Department of Transportation, which may fail to 
take necessary and appropriate action because of ad-
ministrative delay, limited resources, or other rea-
sons. 
(5) The decision of the Supreme Court in Alex-
ander v. Sandoval, 532 U.S. 275 (2001), impairs 
protections against discrimination intended by Con-
gress, 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 regu-
lations. 
(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 bene-
fits of, or subjected to discrimination by programs or 
activities receiving Federal financial assistance. 
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(7) Without effective enforcement of equal op-
portunity and nondiscrimination statutes and regula-
tions, transportation decisions and investments can 
directly or indirectly result in discriminatory out-
comes, including residential segregation, population 
displacement, exclusion from transportation decision-
making, disproportionately high rates of exposure to 
pollutants, and denial of equitable transportation 
benefits on the basis of race, color, or national ori-
gin. 
(8) Without effective oversight and monitoring 
of equal opportunity and nondiscrimination statutes 
and regulations, transportation decisions and invest-
ments can directly or indirectly result in the under-
employment of racial and ethnic minority workers 
and the underrepresentation of disadvantaged busi-
ness enterprises in Federal contracting. 
(9) The likelihood of owning an automobile var-
ies by race, color, and national origin, with 24 per-
cent of African-American households, 17 percent of 
Latino households, and 13 percent of Asian-Amer-
ican households not owning an automobile as com-
pared to 7 percent of Caucasian households. 
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(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 opportuni-
ties 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 ori-
gin, with African-Americans and Latinos dispropor-
tionately exposed to harmful air pollutants associ-
ated with highways and freeways. 
(14) Only 6 percent of the roughly 8,000,000 
people employed in the construction industry are Af-
rican-American, which results in African-American 
workers being less likely to be hired on transpor-
tation projects. 
(15) Racial and ethnic minorities are underrep-
resented in transportation decisionmaking bodies, as 
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88 percent of the voting members of the 50 largest 
metropolitan planning organizations in the United 
States are Caucasian, 7 percent are African-Amer-
ican, 3 percent are Latino, and one percent are 
Asian or Pacific Islander, and minorities are under-
represented in State departments of transportation 
in almost all workforce categories, including the offi-
cials and administrators who lead those organiza-
tions 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 Transpor-
tation shall enhance monitoring, enforcement, and 
technical assistance activities carried out by the De-
partment of Transportation to ensure the compli-
ance 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.— 
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(1) PURPOSE.—It is the purpose of this sub-
section to clarify that there is a private right of ac-
tion 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 Sec-
retary 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 ag-
grieved person pursuant to paragraph (2) based on 
evidence of intentional discrimination, the aggrieved 
person may recover equitable and legal relief, rea-
sonable attorney’s fees (including expert fees), and 
costs. 
(4) RECOVERY WITH RESPECT TO DISCRIMINA-
TION BASED ON DISPARATE IMPACT.—In an action 
brought by an aggrieved person pursuant to para-
graph (2) based on evidence of disparate impact, the 
aggrieved person may recover equitable relief, rea-
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sonable attorney’s fees (including expert fees), and 
costs. 
(5) WAIVER OF STATE IMMUNITY.—As a condi-
tion of receiving Federal financial assistance from 
the Department of Transportation, a State waives 
immunity under the 11th Amendment of the Con-
stitution 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, privi-
lege, 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 relat-
ing 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 dem-
onstration activities carried out under subsection (a) shall 
include activities to assist the development of— 
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(1) strategies to advance equitable economic 
and community development in low-income and mi-
nority communities; 
(2) strategies to increase the participation of 
low-income and minority communities in transpor-
tation planning and decisionmaking; 
(3) training programs that promote equitable 
employment opportunities for low-income and minor-
ity individuals with respect to federally funded trans-
portation projects; and 
(4) research techniques for and data on the im-
pact of transportation policy on individuals without 
an automobile and other vulnerable populations, in-
cluding with respect to disaster preparedness and re-
sponse, 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 oper-
ation of federally funded transportation projects, pro-
grams, and activities. 
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(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 finan-
cial assistance or the Department of Transportation 
pursuant to an applicable civil rights statute, regula-
tion, 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 non-
discrimination and equal opportunity in federally 
funded transportation projects, programs, and activi-
ties. 
(2) Recommendations for overcoming the im-
pediments specified under paragraph (1). 
(3) Information upon which the assessment is 
based. 
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(d) COLLECTION AND REPORTING PROCEDURES.— 
(1) 
PUBLIC
AVAILABILITY.—The 
Secretary 
shall ensure, to the extent appropriate, that all in-
formation 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 informa-
tion, on the Web site of the Department of Trans-
portation. 
(2) REGULATIONS.—The Secretary shall issue 
regulations for the collection and reporting of infor-
mation 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 Depart-
mental 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. 
Æ 
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