Fair Transportation Act
Bill: H.R.2177 | Sponsor: Rep. Torres, Norma J. (D-CA)
Policy area: Transportation and Public Works

Summary:
Fair Transportation Act
This bill addresses the disbursement of surface transportation funding in an equitable way by federal, state, and local entities.
Specifically, the Government Accountability Office (GAO) must review the extent to which states consider equity and improve equity outcomes in the use of federal surface transportation funds at all phases of project delivery, including the diverse transportation needs of economically disadvantaged and underserved populations.
Additionally, the Department of Transportation (DOT) must carry out a transportation equity research program for research and demonstration activities that focus on the impacts that surface transportation planning, investment, and operations have on economically disadvantaged and underserved populations, including communities of color, low-income communities, and individuals with disabilities.
The GAO must also review discretionary grant programs for surface transportation projects to determine the extent to which DOT is awarding funding through such programs to projects that serve groups or populations experiencing differential impacts in the transportation sector.
Further, DOT must issue guidance on equity consideration metrics and best practices while disbursing federal funds.

To review equity best practices in relation to transportation funding 
     and to reinstitute the transportation equity research program.

    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 ``Fair Transportation Act''.

SEC. 2. DEFINITION OF COVERED POPULATIONS.

    In this Act:
            (1) Affordability.--The term ``affordability'' means the 
        cost-burden threshold on households by income, including 
        housing and transportation costs, which may be determined by 
        the Federal agency carrying out a specific task such as a 
        report or guidance.
            (2) Covered populations.--The term ``covered populations'' 
        means, as determined by the Federal agency applying such term--
                    (A) communities of color;
                    (B) low-income communities;
                    (C) individuals with disabilities;
                    (D) LGBTQ people;
                    (E) people experiencing homelessness;
                    (F) youth and elderly populations;
                    (G) formerly incarcerated individuals;
                    (H) women; and
                    (I) individuals who are members of Indian tribes.

SEC. 3. GAO REVIEW OF EQUITY CONSIDERATIONS AT STATE DEPARTMENTS OF 
              TRANSPORTATION.

    (a) Review Required.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Comptroller General of the United 
        States shall undertake a review, to the extent practicable, of 
        the extent to which State departments of transportation 
        consider equity and improve equity outcomes in the use of 
        Federal surface transportation funds at all phases of project 
        delivery, including--
                    (A) the transportation planning, project selection, 
                and project delivery; and
                    (B) considerations of the diverse transportation 
                needs of covered populations.
            (2) Considerations.--In carrying out the review under 
        paragraph (1), the Comptroller General shall--
                    (A) consider relevant State department of 
                transportation practices and transportation equity 
                measures and the impacts of such measures and practices 
                on covered populations experiencing differential 
                impacts in the surface transportation sector;
                    (B) evaluate, to the extent possible, whether any 
                such equity measures and practices consider the access, 
                affordability, safety, convenience, resilience, and 
                reliability of transportation in covered populations; 
                and
                    (C) evaluate, to the extent possible, whether such 
                measures and practices consider the impact of surface 
                transportation funding on the distribution of economic 
                benefits such as from job creation and receipts of 
                Federal funding by the community, of transportation in 
                covered populations.
    (b) Final Report.--Not later than 1 year after the date of 
enactment of this Act, the Comptroller General shall submit to the 
Committee on Transportation and Infrastructure and the Committee on 
Appropriations of the House of Representatives and the Committee on 
Environment and Public Works, the Committee on Commerce, Science, and 
Transportation, the Committee on Banking, Housing, and Urban Affairs, 
and the Committee on Appropriations of the Senate, and make available 
on a publicly accessible website, a report detailing--
            (1) the findings based on the review in subsection (a);
            (2) any recommendations for State departments of 
        transportation to improve equity considerations and incorporate 
        equity considerations into all phases of project delivery, 
        including the planning, bidding, project design, and project 
        selection process as well as how bids are advertised and 
        awarded, which may be in the form of model legislation, best 
        practices, or guidance; and
            (3) recommended actions the Secretary of Transportation 
        could take, if any, to effectively address the recommendations 
        provided under paragraph (2) to improve equity considerations 
        in the surface transportation sector.

SEC. 4. TRANSPORTATION EQUITY RESEARCH PROGRAM.

    (a) In General.--The Secretary of Transportation shall carry out a 
transportation equity research program for research and demonstration 
activities that focus on the impacts that surface transportation 
planning, investment, and operations have on covered populations.
    (b) Activities.--Demonstration activities referred to in subsection 
(a) shall include research on surface transportation equity issues such 
as infrastructure barriers that cut off individuals and communities 
from essential jobs and services, (including inadequate services 
rendered during natural and man-made disasters), access to publicly-
owned and public benefit data, data gathering and analyzing 
particularly to support the development of equity measures, as well as 
the development of strategies to advance economic and community 
development in public transportation-dependent populations.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $8,000,000 for each of fiscal 
years 2022 through 2025.
    (d) Information Collection.--
            (1) Datasets and data analysis tools.--In carrying out this 
        section, the Secretary shall collect, develop, use, and 
        maintain datasets and data analysis tools as necessary for the 
        development of evidence for evaluation purposes, in support of 
        the Foundations for Evidence-Based Policymaking Act of 2018 
        (Public Law 115-435).
            (2) Application of chapter 35 of title 44.--Any survey, 
        questionnaire, or interview that the Secretary determines to be 
        necessary to carry out reporting requirements relating to this 
        subsection, including customer satisfaction assessments, shall 
        not be subject to chapter 35 of title 44, United States Code.

SEC. 5. GAO REVIEW OF DISCRETIONARY GRANT PROGRAMS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Comptroller General of the United States shall submit 
to the Secretary of Transportation, the Committee on Appropriations and 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works, the 
Committee on Appropriations, the Committee on Banking, Housing, and 
Urban Affairs, and the Committee on Commerce, Science, and 
Transportation of the Senate a review of covered discretionary grant 
programs, as selected by the Comptroller General, to determine the 
extent to which the Secretary is considering the needs of and awarding 
funding through such programs to projects that serve any group or 
population experiencing differential impacts in the transportation 
sector.
    (b) Recommendations.--The Comptroller General shall include as part 
of the review under subsection (a) recommendations to the Secretary on 
possible means to consider equity and improve equity outcomes.
    (c) Definition of Covered Discretionary Grant Program.--In this 
section, the term ``covered discretionary grant programs'' means 
discretionary grant programs under title 23, United States Code, and 
chapter 53 of title 49, United States Code.

SEC. 6. GUIDANCE ON EQUITY IN DISBURSING FUNDING.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary of Transportation shall issue guidance on 
how to consider equity in disbursing funding, including the equity 
measures and best practices the Secretary shall use to consider equity.
    (b) Considerations.--In issuing guidance under subsection (a), the 
Secretary shall ensure transportation equity measures, if applicable, 
consider--
            (1) the impact of transportation planning, investment, and 
        operations on covered populations; and
            (2) the access, affordability, safety, convenience, and 
        reliability of transportation in underserved communities.
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