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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Transportation Opportunity and
Accountability Act of 2011''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) Public investment in the transportation system of the
United States is critical to ensuring equitable opportunities,
mobility, and economic security and prosperity for all
Americans.
(2) To prevent and eliminate discrimination on the basis of
race, color, or national origin related to Federal
transportation funding, the Department of Transportation has
issued regulations to effectuate title VI of the Civil Rights
Act of 1964 (42 U.S.C. 2000d et seq.), which prohibit
discrimination on the basis of race, color, or national origin,
including actions that have the effect of discriminating
against individuals of a particular race, color, or national
origin.
(3) Full enforcement of title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.) and related regulations is
necessary to establish accountability for recipients of Federal
funds and to ensure that Federal funds are not spent in a
manner that encourages, subsidizes, or results in
discrimination on the basis of race, color, or national origin,
directly 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 vindication of the right to nondiscrimination
solely to the Department of Transportation, which may fail to
take necessary and appropriate action because of administrative
delay, limited resources, or other reasons.
(5) The decision of the Supreme Court in Alexander v.
Sandoval, 532 U.S. 275 (2001), impairs protections against
discrimination intended by Congress, 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
regulations.
(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 benefits of, or subjected to
discrimination by programs or activities receiving Federal
financial assistance.
(7) Without effective enforcement of equal opportunity and
nondiscrimination statutes and regulations, transportation
decisions and investments can directly or indirectly result in
discriminatory outcomes, including residential segregation,
population displacement, exclusion from transportation
decisionmaking, disproportionately high rates of exposure to
pollutants, and denial of equitable transportation benefits on
the basis of race, color, or national origin.
(8) Without effective oversight and monitoring of equal
opportunity and nondiscrimination statutes and regulations,
transportation decisions and investments can directly or
indirectly result in the underemployment of racial and ethnic
minority workers and the underrepresentation of disadvantaged
business enterprises in Federal contracting.
(9) The likelihood of owning an automobile varies by race,
color, and national origin, with 24 percent of African-American
households, 17 percent of Latino households, and 13 percent of
Asian-American households not owning an automobile as compared
to 7 percent of Caucasian households.
(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 opportunities 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 origin, with African-Americans and
Latinos disproportionately exposed to harmful air pollutants
associated with highways and freeways.
(14) Only 6 percent of the roughly 8,000,000 people
employed in the construction industry are African-American,
which results in African-American workers being less likely to
be hired on transportation projects.
(15) Racial and ethnic minorities are underrepresented in
transportation decisionmaking bodies, as 88 percent of the
voting members of the 50 largest metropolitan planning
organizations in the United States are Caucasian, 7 percent are
African-American, 3 percent are Latino, and one percent are
Asian or Pacific Islander, and minorities are underrepresented
in State departments of transportation in almost all workforce
categories, including the officials and administrators who lead
those organizations 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 Transportation shall
enhance monitoring, enforcement, and technical assistance
activities carried out by the Department of Transportation to
ensure the compliance 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.--
(1) Purpose.--It is the purpose of this subsection to
clarify that there is a private right of action 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 Secretary 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 aggrieved person pursuant to
paragraph (2) based on evidence of intentional discrimination,
the aggrieved person may recover equitable and legal relief,
reasonable attorney's fees (including expert fees), and costs.
(4) Recovery with respect to discrimination based on
disparate impact.--In an action brought by an aggrieved person
pursuant to paragraph (2) based on evidence of disparate
impact, the aggrieved person may recover equitable relief,
reasonable attorney's fees (including expert fees), and costs.
(5) Waiver of state immunity.--As a condition of receiving
Federal financial assistance from the Department of
Transportation, a State waives immunity under the 11th
Amendment of the Constitution 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, privilege, 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 relating 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 demonstration activities
carried out under subsection (a) shall include activities to assist the
development of--
(1) strategies to advance equitable economic and community
development in low-income and minority communities;
(2) strategies to increase the participation of low-income
and minority communities in transportation planning and
decisionmaking;
(3) training programs that promote equitable employment
opportunities for low-income and minority individuals with
respect to federally funded transportation projects; and
(4) research techniques for and data on the impact of
transportation policy on individuals without an automobile and
other vulnerable populations, including with respect to
disaster preparedness and response, 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 operation of federally funded transportation projects,
programs, and activities.
(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 financial assistance or the
Department of Transportation pursuant to an applicable civil
rights statute, regulation, 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 nondiscrimination
and equal opportunity in federally funded transportation
projects, programs, and activities.
(2) Recommendations for overcoming the impediments
specified under paragraph (1).
(3) Information upon which the assessment is based.
(d) Collection and Reporting Procedures.--
(1) Public availability.--The Secretary shall ensure, to
the extent appropriate, that all information 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
information, on the Web site of the Department of
Transportation.
(2) Regulations.--The Secretary shall issue regulations for
the collection and reporting of information 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 Departmental 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.
A:
Transportation Opportunity and Accountability Act of 2011 - Directs the Secretary of Transportation (DOT) to ensure administrative compliance with title VI of the Civil Rights Act of 1964 prohibiting discrimination by recipients of federal transportation funding.

Allows a person aggrieved by violation of such nondiscrimination regulations to bring a civil action in federal or state court for equitable or legal relief, including reasonable attorney's fees, expert fees, and costs.

Directs the Secretary to carry out research and demonstration activities relating to the impact of transportation planning, investment, and operations on low-income and minority populations, including populations that are transit dependent.

Directs the Secretary to assess the extent to which nondiscrimination and equal opportunity exist in the United States in the construction and operation of federally-funded transportation projects.