ASAP Act
Bill: S.1680 | Sponsor: Sen. Duckworth, Tammy (D-IL)
Policy area: Transportation and Public Works

Summary:
All Station Accessibility Program Act of 2021 or the ASAP Act of 2021
This bill authorizes the Department of Transportation to award grants to states or localities for improving the accessibility of commuter rail systems that have stations or facilities for passengers and that were in operation before the passage of the Americans with Disabilities Act (which occurred on July 26, 1990).


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.

    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 ``All Station Accessibility Program 
Act of 2021'' or the ``ASAP Act''.

SEC. 2. COMPETITIVE GRANTS FOR ACCESSIBILITY UPGRADES TO LEGACY RAIL 
              FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS.

    (a) In General.--Chapter 53 of title 49, United States Code, is 
amended by inserting after section 5315 the following:
``Sec. 5316. Accessibility grants for legacy rail fixed guideway public 
              transportation systems
    ``(a) Definitions.--In this section--
            ``(1) the term `center for independent living' has the 
        meaning given the term in section 702 of the Rehabilitation Act 
        of 1973 (29 U.S.C. 796a);
            ``(2) the term `disability' has the meaning given the term 
        in section 3 of the Americans with Disabilities Act of 1990 (42 
        U.S.C. 12102);
            ``(3) the term `eligible entity' means a State or local 
        governmental authority;
            ``(4) the term `legacy rail fixed guideway public 
        transportation system'--
                    ``(A) means a rail fixed guideway public 
                transportation system that was in operation before July 
                26, 1990; and
                    ``(B) includes a commuter rail system that uses 
                stations or facilities for passenger use constructed 
                before the date described in subparagraph (A); and
            ``(5) the term `protection and advocacy system' means such 
        a system established in accordance with section 143 of the 
        Developmental Disabilities Assistance and Bill of Rights Act of 
        2000 (42 U.S.C. 15043).
    ``(b) Grants.--The Secretary may make grants under this section to 
assist eligible entities in financing capital projects to upgrade the 
accessibility of legacy rail fixed guideway public transportation 
systems for persons with disabilities, including those who use 
wheelchairs, by increasing the number of existing (as of the date of 
enactment of the ASAP Act) stations or facilities for passenger use 
that meet (including exceeding) the new construction standards of title 
II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et 
seq.).
    ``(c) Eligible Costs.--
            ``(1) In general.--Subject to paragraph (2), an eligible 
        entity may use a grant awarded under this section--
                    ``(A) for a project to repair, improve, or relocate 
                infrastructure of stations or facilities for passenger 
                use, including load-bearing members that are an 
                essential part of the structural frame;
                    ``(B) to develop or modify a plan for pursuing 
                public transportation accessibility projects, 
                including--
                            ``(i) assessments of accessibility or 
                        assessments of planned modifications to 
                        stations or facilities for passenger use, 
                        performed by the protection and advocacy system 
                        for persons with disabilities in the applicable 
                        State, a center for independent living, or a 
                        similar nonprofit organization focused on 
                        ensuring people with disabilities are able to 
                        live in and participate in their communities; 
                        or
                            ``(ii) coordination by the recipient with 
                        such protection and advocacy system, center for 
                        independent living, or similar nonprofit 
                        organization; or
                    ``(C) to carry out other projects that meet 
                (including exceeding) the new construction standards of 
                title II of the Americans with Disabilities Act of 
                1990.
            ``(2) Limitation.--Eligible costs for a project funded with 
        a grant awarded under this section shall be limited to the 
        costs associated with carrying out the purpose authorized under 
        subsection (b).
    ``(d) Eligible Stations or Facilities for Passenger Use.--An 
eligible entity--
            ``(1) may not use a grant awarded under this section to 
        upgrade a station or facility for passenger use that is 
        accessible to and usable by individuals with disabilities, 
        including individuals who use wheelchairs, consistent with 
        current (as of the date of the upgrade) new construction 
        standards under title II of the Americans with Disabilities Act 
        of 1990 (42 U.S.C. 12131 et seq.); and
            ``(2) may use the grant to upgrade a station or facility 
        for passenger use that is not accessible and usable as 
        described in paragraph (1), even if the related service, 
        program, or activity, when viewed in its entirely, is readily 
        accessible and usable as so described.
    ``(e) Accessibility Commitment.--An eligible entity that receives a 
grant under this section shall adopt a plan under which the entity 
commits to pursuing public transportation accessibility projects that--
            ``(1) enhance the customer experience and maximize 
        accessibility of rolling stock and stations or facilities for 
        passenger use for individuals with disabilities, including--
                    ``(A) accessibility for individuals with physical 
                disabilities, including those who use wheelchairs;
                    ``(B) accessibility for individuals with sensory 
                disabilities; and
                    ``(C) accessibility for individuals with 
                intellectual or developmental disabilities;
            ``(2) improve the operations of, provide efficiencies of 
        service to, and enhance the public transportation system for 
        individuals with disabilities; and
            ``(3) address equity of service to all riders regardless of 
        income, age, race, or ability, taking into account historical 
        and current service gaps for low-income riders, older 
        individuals, riders from communities of color, and riders with 
        disabilities.
    ``(f) Coordination With Disability Advocacy Entities.--In 
administering grants under this section, the Secretary shall 
encourage--
            ``(1) coordination between recipients and disability 
        advocacy entities such as the protection and advocacy system 
        for persons with disabilities in the applicable State, a center 
        for independent living, or a similar nonprofit organization 
        focused on ensuring people with disabilities are able to live 
        in and participate in their communities; and
            ``(2) assessments of accessibility or assessments of 
        planned modifications to stations or facilities for passenger 
        use, performed by such an advocacy entity, to the extent 
        merited by the scope of the capital project of the recipient 
        proposed to be assisted under this section.
    ``(g) Government Share of Costs.--A grant for a project under this 
section shall be for 90 percent of the net project cost of the project. 
The recipient may provide additional local matching amounts.''.
    (b) Authorization of Appropriations.--Section 5338 of title 49, 
United States Code, is amended--
            (1) by redesignating subsections (g) and (h) as subsections 
        (h) and (i), respectively; and
            (2) by inserting after subsection (f) the following:
    ``(g) Accessibility Grants for Legacy Rail Fixed Guideway Public 
Transportation Systems.--There are authorized to be appropriated to 
carry out section 5316, $1,000,000,000 for fiscal year 2022 and each 
fiscal year thereafter.''.
    (c) Technical and Conforming Amendment.--The table of sections for 
chapter 53 of title 49, United States Code, is amended by inserting 
after the item relating to section 5315 the following:

``5316. Accessibility grants for legacy rail fixed guideway public 
                            transportation systems.''.
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