SEC. 224. PUBLIC ENTITY OPERATING A DEMAND RESPONSIVE SYSTEM.
If a public entity operates a demand responsive
system, it shall be
considered discrimination, for purposes of section 202 of this
Act and
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794),
for such
entity to purchase or lease a new vehicle for use on such system,
for which a
solicitation is made after the 30th day following the effective
date of this
section, that is not readily accessible to and usable by individuals
with
disabilities, including individuals who use wheelchairs, unless
such system,
when viewed in its entirety, provides a level of service to
such individuals
equivalent to the level of service such system provides to individuals
without disabilities.
SEC. 225. TEMPORARY RELIEF WHERE LIFTS ARE UNAVAILABLE.
(a) Granting.--With respect to the purchase of new
buses, a public entity
may apply for, and the Secretary may temporarily relieve such
public entity
from the obligation under section 222(a) or 224 to purchase
new buses that
are readily accessible to and usable by individuals with disabilities
if such
public entity demonstrates to the satisfaction of the Secretary--
(1) that the initial solicitation
for new buses made by the public
entity specified that all new buses
were to be lift-equipped and were to
be otherwise accessible to and usable
by individuals with disabilities;
(2) the unavailability from
any qualified manufacturer of hydraulic,
electromechanical, or other lifts for
such new buses;
(3) that the public entity
seeking temporary relief has made good faith
efforts to locate a qualified manufacturer
to supply the lifts to the
manufacturer of such buses in sufficient
time to comply with such
solicitation; and
(4) that any further delay
in purchasing new buses necessary to obtain
such lifts would significantly impair
transportation services in the
community served by the public entity.
(b) Duration and Notice to Congress.--Any relief
granted under subsection
(a) shall be limited in duration by a specified date, and the
appropriate
committees of Congress shall be notified of any such relief
granted.
(c) Fraudulent Application.--If, at any time, the
Secretary has reasonable
cause to believe that any relief granted under subsection (a)
was
fraudulently applied for, the Secretary shall--
(1) cancel such relief if
such relief is still in effect; and
(2) take such other action
as the Secretary considers appropriate.
SEC. 226. NEW FACILITIES.
For purposes of section 202 of this Act and section
504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), it shall be considered
discrimination for a public entity to construct a new facility
to be used in
the provision of designated public transportation services unless
such
facility is readily accessible to and usable by individuals
with
disabilities, including individuals who use wheelchairs.
SEC. 227. ALTERATIONS OF EXISTING FACILITIES.
(a) General Rule.--With respect to alterations of
an existing facility or
part thereof used in the provision of designated public transportation
services that affect or could affect the usability of the facility
or part
thereof, it shall be considered discrimination, for purposes
of section 202
of this Act and section 504 of the Rehabilitation Act of 1973
(29 U.S.C.
794), for a public entity to fail to make such alterations (or
to ensure that
the alterations are made) in such a manner that, to the maximum
extent
feasible, the altered portions of the facility are readily accessible
to and
usable by individuals with disabilities, including individuals
who use
wheelchairs, upon the completion of such alterations. Where
the public entity
is undertaking an alteration that affects or could affect usability
of or
access to an area of the facility containing a primary function,
the entity
shall also make the alterations in such a manner that, to the
maximum extent
feasible, the path of travel to the altered area and the bathrooms,
telephones, and drinking fountains serving the altered area,
are readily
accessible to and usable by individuals with disabilities, including
individuals who use wheelchairs, upon completion of such alterations,
where
such alterations to the path of travel or the bathrooms, telephones,
and
drinking fountains serving the altered area are not disproportionate
to the
overall alterations in terms of cost and scope (as determined
under criteria
established by the Attorney General).
(b) Special Rule for Stations.--
(1) General rule.--For purposes
of section 202 of this Act and section
504 of the Rehabilitation Act of 1973
(29 U.S.C. 794), it shall be
considered discrimination for a public
entity that provides designated
public transportation to fail, in accordance
with the provisions of this
subsection, to make key stations (as
determined under criteria
established by the Secretary by regulation)
in rapid rail and light rail
systems readily accessible to and usable
by individuals with
disabilities, including individuals
who use wheelchairs.
(2) Rapid rail and light
rail key stations.--
(A) Accessibility.--Except as otherwise provided in this paragraph,
all key stations
(as determined under criteria established by the
Secretary by
regulation) in rapid rail and light rail systems shall
be made readily
accessible to and usable by individuals with
disabilities,
including individuals who use wheelchairs, as soon as
practicable
but in no event later than the last day of the 3-year
period beginning
on the effective date of this paragraph.
(B) Extension for extraordinarily expensive structural changes.--
The Secretary
may extend the 3-year period under subparagraph (A) up
to a 30-year
period for key stations in a rapid rail or light rail
system which
stations need extraordinarily expensive structural
changes to,
or replacement of, existing facilities; except that by
the last day
of the 20th year following the date of the enactment of
this Act at
least 2/3 of such key stations must be readily
accessible to
and usable by individuals with disabilities.
(3) Plans and milestones.--The
Secretary shall require the appropriate
public entity to develop and submit
to the Secretary a plan for
compliance with this subsection--
(A) that reflects consultation with individuals with disabilities
affected by
such plan and the results of a public hearing and public
comments on
such plan, and
(B) that establishes milestones for achievement of the requirements
of this subsection.
SEC. 228. PUBLIC TRANSPORTATION PROGRAMS AND ACTIVITIES IN
EXISTING FACILITIES AND ONE CAR PER
TRAIN RULE.
(a) Public Transportation Programs and Activities
in Existing Facilities.--
(1) In general.--With respect
to existing facilities used in the
provision of designated public transportation
services, it shall be
considered discrimination, for purposes
of section 202 of this Act and
section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794), for a
public entity to fail to operate a designated
public transportation
program or activity conducted in such
facilities so that, when viewed in
the entirety, the program or activity
is readily accessible to and usable
by individuals with disabilities.
(2) Exception.--Paragraph
(1) shall not require a public entity to make
structural changes to existing facilities
in order to make such
facilities accessible to individuals
who use wheelchairs, unless and to
the extent required by section 227(a)
(relating to alterations) or
section 227(b) (relating to key stations).
(3) Utilization.--Paragraph
(1) shall not require a public entity to
which paragraph (2) applies, to provide
to individuals who use
wheelchairs services made available
to the general public at such
facilities when such individuals could
not utilize or benefit from such
services provided at such facilities.
(b) One Car Per Train Rule.--
(1) General rule.--Subject
to paragraph (2), with respect to 2 or more
vehicles operated as a train by a light
or rapid rail system, for
purposes of section 202 of this Act
and section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794), it shall
be considered discrimination for a
public entity to fail to have at least
1 vehicle per train that is
accessible to individuals with disabilities,
including individuals who
use wheelchairs, as soon as practicable
but in no event later than the
last day of the 5-year period beginning
on the effective date of this
section.
(2) Historic trains.--In
order to comply with paragraph (1) with
respect to the remanufacture of a vehicle
of historic character which is
to be used on a segment of a light or
rapid rail system which is included
on the National Register of Historic
Places, if making such vehicle
readily accessible to and usable by
individuals with disabilities would
significantly alter the historic character
of such vehicle, the public
entity which operates such system only
has to make (or to purchase or
lease a remanufactured vehicle with)
those modifications which are
necessary to meet the requirements of
section 222(c)(1) and which do not
significantly alter the historic character
of such vehicle.
SEC. 229. REGULATIONS.
(a) In General.--Not later than 1 year after the
date of enactment of this
Act, the Secretary of Transportation shall issue regulations,
in an
accessible format, necessary for carrying out this part (other
than section
223).
(b) Standards.--The regulations issued under this
section and section 223
shall include standards applicable to facilities and vehicles
covered by this
subtitle. The standards shall be consistent with the minimum
guidelines and
requirements issued by the Architectural and Transportation
Barriers
Compliance Board in accordance with section 504 of this Act.
SEC. 230. INTERIM ACCESSIBILITY REQUIREMENTS.
If final regulations have not been issued pursuant
to section 229, for new
construction or alterations for which a valid and appropriate
State or local
building permit is obtained prior to the issuance of final regulations
under
such section, and for which the construction or alteration authorized
by such
permit begins within one year of the receipt of such permit
and is completed
under the terms of such permit, compliance with the Uniform
Federal
Accessibility Standards in effect at the time the building permit
is issued
shall suffice to satisfy the requirement that facilities be
readily
accessible to and usable by persons with disabilities as required
under
sections 226 and 227, except that, if such final regulations
have not been
issued one year after the Architectural and Transportation Barriers
Compliance Board has issued the supplemental minimum guidelines
required
under section 504(a) of this Act, compliance with such supplemental
minimum
guidelines shall be necessary to satisfy the requirement that
facilities be
readily accessible to and usable by persons with disabilities
prior to
issuance of the final regulations.
SEC. 231. EFFECTIVE DATE.
(a) General Rule.--Except as provided in subsection
(b), this part shall
become effective 18 months after the date of enactment of this
Act.
(b) Exception.--Sections 222, 223 (other than subsection
(a)), 224, 225,
227(b), 228(b), and 229 shall become effective on the date of
enactment of
this Act.
SEC. 241. DEFINITIONS.
As used in this part:
(1) Commuter authority.--The
term "commuter authority" has the meaning
given such term in section 103(8) of
the Rail Passenger Service Act (45
U.S.C. 502(8)).
(2) Commuter rail transportation.--The
term "commuter rail
transportation" has the meaning given
the term "commuter service" in
section 103(9) of the Rail Passenger
Service Act (45 U.S.C. 502(9)).
(3) Intercity rail transportation.--The
term "intercity rail
transportation" means transportation
provided by the National Railroad
Passenger Corporation.
(4) Rail passenger car.--The
term "rail passenger car" means, with
respect to intercity rail transportation,
single-level and bi-level coach
cars, single-level and bi-level dining
cars, single-level and bi-level
sleeping cars, single-level and bi-level
lounge cars, and food service
cars.
(5) Responsible person.--The
term "responsible person" means--
(A) in the case of a station more than 50 percent of which is owned
by a public
entity, such public entity;
(B) in the case of a station more than 50 percent of which is owned
by a private
party, the persons providing intercity or commuter rail
transportation
to such station, as allocated on an equitable basis by
regulation by
the Secretary of Transportation; and
(C) in a case where no party owns more than 50 percent of a
station, the
persons providing intercity or commuter rail
transportation
to such station and the owners of the station, other
than private
party owners, as allocated on an equitable basis by
regulation by
the Secretary of Transportation.
(6) Station.--The term "station"
means the portion of a property
located appurtenant to a right-of-way
on which intercity or commuter rail
transportation is operated, where such
portion is used by the general
public and is related to the provision
of such transportation, including
passenger platforms, designated waiting
areas, ticketing areas,
restrooms, and, where a public entity
providing rail transportation owns
the property, concession areas, to the
extent that such public entity
exercises control over the selection,
design, construction, or alteration
of the property, but such term does
not include flag stops.
SEC. 242. INTERCITY AND COMMUTER RAIL ACTIONS CONSIDERED
DISCRIMINATORY.
(a) Intercity Rail Transportation.--
(1) One car per train rule.--It
shall be considered discrimination for
purposes of section 202 of this Act
and section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794) for a person
who provides intercity rail
transportation to fail to have at least
one passenger car per train that
is readily accessible to and usable
by individuals with disabilities,
including individuals who use wheelchairs,
in accordance with regulations
issued under section 244, as soon as
practicable, but in no event later
than 5 years after the date of enactment
of this Act.
(2) New intercity cars.--
(A) General rule.--Except as otherwise provided in this subsection
with respect
to individuals who use wheelchairs, it shall be
considered discrimination
for purposes of section 202 of this Act and
section 504
of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a
person to purchase
or lease any new rail passenger cars for use in
intercity rail
transportation, and for which a solicitation is made
later than 30
days after the effective date of this section, unless
all such rail
cars are readily accessible to and usable by
individuals
with disabilities, including individuals who use
wheelchairs,
as prescribed by the Secretary of Transportation in
regulations
issued under section 244.
(B) Special rule for single-level passenger coaches for individuals
who use wheelchairs.--Single-level
passenger coaches shall be
required to--
(i) be able to be entered by an individual who uses a
wheelchair;
(ii) have space to park and secure a wheelchair;
(iii) have a seat to which a passenger in a wheelchair can
transfer, and a space to fold and store such passenger's
wheelchair; and
(iv) have a restroom usable by an individual who uses a
wheelchair,
only to the
extent provided in paragraph (3).
(C) Special rule for single-level dining cars for individuals who
use wheelchairs.--Single-level
dining cars shall not be required to--
(i) be able to be entered from the station platform by an
individual who uses a wheelchair; or
(ii) have a restroom usable by an individual who uses a
wheelchair if no restroom is provided in such car for any
passenger.
(D) Special rule for bi-level dining cars for individuals who use
wheelchairs.--Bi-level
dining cars shall not be required to--
(i) be able to be entered by an individual who uses a
wheelchair;
(ii) have space to park and secure a wheelchair;
(iii) have a seat to which a passenger in a wheelchair can
transfer, or a space to fold and store such passenger's
wheelchair; or
(iv) have a restroom usable by an individual who uses a
wheelchair.
(3) Accessibility of single-level
coaches.--
(A) General rule.--It shall be considered discrimination for
purposes of
section 202 of this Act and section 504 of the
Rehabilitation
Act of 1973 (29 U.S.C. 794) for a person who provides
intercity rail
transportation to fail to have on each train which
includes one
or more single-level rail passenger coaches--
(i) a number of spaces--
(I) to park and secure wheelchairs (to accommodate
individuals who wish to remain in their wheelchairs) equal to
not less than one-half of the number of single-level rail
passenger coaches in such train; and
(II) to fold and store wheelchairs (to accommodate
individuals who wish to transfer to coach seats) equal to not
less than one-half of the number of single-level rail
passenger coaches in such train,
as soon as practicable, but in no event later than 5 years after
the date of enactment of this Act; and
(ii) a number of spaces--
(I) to park and secure wheelchairs (to accommodate
individuals who wish to remain in their wheelchairs) equal to
not less than the total number of single-level rail passenger
coaches in such train; and
(II) to fold and store wheelchairs (to accommodate
individuals who wish to transfer to coach seats) equal to not
less than the total number of single-level rail passenger
coaches in such train,
as soon as practicable, but in no event later than 10 years after
the date of enactment of this Act.
(B) Location.--Spaces required by subparagraph (A) shall be located
in single-level
rail passenger coaches or food service cars.
(C) Limitation.--Of the number of spaces required on a train by
subparagraph
(A), not more than two spaces to park and secure
wheelchairs
nor more than two spaces to fold and store wheelchairs
shall be located
in any one coach or food service car.
(D) Other accessibility features.--Single-level rail passenger
coaches and
food service cars on which the spaces required by
subparagraph
(A) are located shall have a restroom usable by an
individual who
uses a wheelchair and shall be able to be entered from
the station
platform by an individual who uses a wheelchair.
(4) Food service.--
(A) Single-level dining cars.--On any train in which a single-level
dining car is
used to provide food service--
(i) if such single-level dining car was purchased after the
date of enactment of this Act, table service in such car shall be
provided to a passenger who uses a wheelchair if--
(I) the car adjacent to the end of the dining car through
which a wheelchair may enter is itself accessible to a
wheelchair;
(II) such passenger can exit to the platform from the car
such passenger occupies, move down the platform, and enter
the adjacent accessible car described in subclause (I)
without the necessity of the train being moved within the
station; and
(III) space to park and secure a wheelchair is available in
the dining car at the time such passenger wishes to eat (if
such passenger wishes to remain in a wheelchair), or space to
store and fold a wheelchair is available in the dining car at
the time such passenger wishes to eat (if such passenger
wishes to transfer to a dining car seat); and
(ii) appropriate auxiliary aids and services, including a hard
surface on which to eat, shall be provided to ensure that other
equivalent food service is available to individuals with
disabilities, including individuals who use wheelchairs, and to
passengers traveling with such individuals.
Unless not practicable,
a person providing intercity rail
transportation
shall place an accessible car adjacent to the end of a
dining car described
in clause (i) through which an individual who
uses a wheelchair
may enter.
(B) Bi-level dining cars.--On any train in which a bi-level dining
car is used
to provide food service--
(i) if such train includes a bi-level lounge car purchased
after the date of enactment of this Act, table service in such
lounge car shall be provided to individuals who use wheelchairs
and to other passengers; and
(ii) appropriate auxiliary aids and services, including a hard
surface on which to eat, shall be provided to ensure that other
equivalent food service is available to individuals with
disabilities, including individuals who use wheelchairs, and to
passengers traveling with such individuals.
(b) Commuter Rail Transportation.--
(1) One car per train rule.--It
shall be considered discrimination for
purposes of section 202 of this Act
and section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794) for a person
who provides commuter rail
transportation to fail to have at least
one passenger car per train that
is readily accessible to and usable
by individuals with disabilities,
including individuals who use wheelchairs,
in accordance with regulations
issued under section 244, as soon as
practicable, but in no event later
than 5 years after the date of enactment
of this Act.
(2) New commuter rail cars.--
(A) General rule.--It shall be considered discrimination for
purposes of
section 202 of this Act and section 504 of the
Rehabilitation
Act of 1973 (29 U.S.C. 794) for a person to purchase
or lease any
new rail passenger cars for use in commuter rail
transportation,
and for which a solicitation is made later than 30
days after the
effective date of this section, unless all such rail
cars are readily
accessible to and usable by individuals with
disabilities,
including individuals who use wheelchairs, as
prescribed by
the Secretary of Transportation in regulations issued
under section
244.
(B) Accessibility.--For purposes of section 202 of this Act and
section 504
of the Rehabilitation Act of 1973 (29 U.S.C. 794), a
requirement
that a rail passenger car used in commuter rail
transportation
be accessible to or readily accessible to and usable
by individuals
with disabilities, including individuals who use
wheelchairs,
shall not be construed to require--
(i) a restroom usable by an individual who uses a wheelchair if
no restroom is provided in such car for any passenger;
(ii) space to fold and store a wheelchair; or
(iii) a seat to which a passenger who uses a wheelchair can
transfer.
(c) Used Rail Cars.--It shall be considered discrimination
for purposes of
section 202 of this Act and section 504 of the Rehabilitation
Act of 1973 (29
U.S.C. 794) for a person to purchase or lease a used rail passenger
car for
use in intercity or commuter rail transportation, unless such
person makes
demonstrated good faith efforts to purchase or lease a used
rail car that is
readily accessible to and usable by individuals with disabilities,
including
individuals who use wheelchairs, as prescribed by the Secretary
of
Transportation in regulations issued under section 244.
(d) Remanufactured Rail Cars.--
(1) Remanufacturing.--It
shall be considered discrimination for
purposes of section 202 of this Act
and section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794) for a person
to remanufacture a rail
passenger car for use in intercity or
commuter rail transportation so as
to extend its usable life for 10 years
or more, unless the rail car, to
the maximum extent feasible, is made
readily accessible to and usable by
individuals with disabilities, including
individuals who use wheelchairs,
as prescribed by the Secretary of Transportation
in regulations issued
under section 244.
(2) Purchase or lease.--It
shall be considered discrimination for
purposes of section 202 of this Act
and section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794) for a person
to purchase or lease a
remanufactured rail passenger car for
use in intercity or commuter rail
transportation unless such car was remanufactured
in accordance with
paragraph (1).
(e) Stations.--
(1) New stations.--It shall
be considered discrimination for purposes
of section 202 of this Act and section
504 of the Rehabilitation Act of
1973 (29 U.S.C. 794) for a person to
build a new station for use in
intercity or commuter rail transportation
that is not readily accessible
to and usable by individuals with disabilities,
including individuals who
use wheelchairs, as prescribed by the
Secretary of Transportation in
regulations issued under section 244.
(2) Existing stations.--
(A) Failure to make readily accessible.--
(i) General rule.--It shall be considered discrimination for
purposes of section 202 of this Act and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) for a responsible
person to fail to make existing stations in the intercity rail
transportation system, and existing key stations in commuter rail
transportation systems, readily accessible to and usable by
individuals with disabilities, including individuals who use
wheelchairs, as prescribed by the Secretary of Transportation in
regulations issued under section 244.
(ii) Period for compliance.--
(I) Intercity rail.--All stations in the intercity rail
transportation system shall be made readily accessible to and
usable by individuals with disabilities, including
individuals who use wheelchairs, as soon as practicable, but
in no event later than 20 years after the date of enactment
of this Act.
(II) Commuter rail.--Key stations in commuter rail
transportation systems shall be made readily accessible to
and usable by individuals with disabilities, including
individuals who use wheelchairs, as soon as practicable but
in no event later than 3 years after the date of enactment of
this Act, except that the time limit may be extended by the
Secretary of Transportation up to 20 years after the date of
enactment of this Act in a case where the raising of the
entire passenger platform is the only means available of
attaining accessibility or where other extraordinarily
expensive structural changes are necessary to attain
accessibility.
(iii) Designation of key stations.--Each commuter authority
shall designate the key stations in its commuter rail
transportation system, in consultation with individuals with
disabilities and organizations representing such individuals,
taking into consideration such factors as high ridership and
whether such station serves as a transfer or feeder station.
Before the final designation of key stations under this clause, a
commuter authority shall hold a public hearing.
(iv) Plans and milestones.--The Secretary of Transportation
shall require the appropriate person to develop a plan for
carrying out this subparagraph that reflects consultation with
individuals with disabilities affected by such plan and that
establishes milestones for achievement of the requirements of
this subparagraph.
(B) Requirement when making alterations.--
(i) General rule.--It shall be considered discrimination, for
purposes of section 202 of this Act and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), with respect to
alterations of an existing station or part thereof in the
intercity or commuter rail transportation systems that affect or
could affect the usability of the station or part thereof, for
the responsible person, owner, or person in control of the
station to fail to make the alterations in such a manner that, to
the maximum extent feasible, the altered portions of the station
are readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs, upon
completion of such alterations.
(ii) Alterations to a primary function area.--It shall be
considered discrimination, for purposes of section 202 of this
Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
794), with respect to alterations that affect or could affect the
usability of or access to an area of the station containing a
primary function, for the responsible person, owner, or person in
control of the station to fail to make the alterations in such a
manner that, to the maximum extent feasible, the path of travel
to the altered area, and the bathrooms, telephones, and drinking
fountains serving the altered area, are readily accessible to and
usable by individuals with disabilities, including individuals
who use wheelchairs, upon completion of such alterations, where
such alterations to the path of travel or the bathrooms,
telephones, and drinking fountains serving the altered area are
not disproportionate to the overall alterations in terms of cost
and scope (as determined under criteria established by the
Attorney General).
(C) Required cooperation.--It shall be considered discrimination
for purposes
of section 202 of this Act and section 504 of the
Rehabilitation
Act of 1973 (29 U.S.C. 794) for an owner, or person in
control, of
a station governed by subparagraph (A) or (B) to fail to
provide reasonable
cooperation to a responsible person with respect
to such station
in that responsible person's efforts to comply with
such subparagraph.
An owner, or person in control, of a station shall
be liable to
a responsible person for any failure to provide
reasonable cooperation
as required by this subparagraph. Failure to
receive reasonable
cooperation required by this subparagraph shall
not be a defense
to a claim of discrimination under this Act.
SEC. 243. CONFORMANCE OF ACCESSIBILITY STANDARDS.
Accessibility standards included in regulations
issued under this part
shall be consistent with the minimum guidelines issued by the
Architectural
and Transportation Barriers Compliance Board under section 504(a)
of this
Act.
SEC. 244. REGULATIONS.
Not later than 1 year after the date of enactment
of this Act, the
Secretary of Transportation shall issue regulations, in an accessible
format,
necessary for carrying out this part.
SEC. 245. INTERIM ACCESSIBILITY REQUIREMENTS.
(a) Stations.--If final regulations have not been
issued pursuant to
section 244, for new construction or alterations for which a
valid and
appropriate State or local building permit is obtained prior
to the issuance
of final regulations under such section, and for which the construction
or
alteration authorized by such permit begins within one year
of the receipt of
such permit and is completed under the terms of such permit,
compliance with
the Uniform Federal Accessibility Standards in effect at the
time the
building permit is issued shall suffice to satisfy the requirement
that
stations be readily accessible to and usable by persons with
disabilities as
required under section 242(e), except that, if such final regulations
have
not been issued one year after the Architectural and Transportation
Barriers
Compliance Board has issued the supplemental minimum guidelines
required
under section 504(a) of this Act, compliance with such supplemental
minimum
guidelines shall be necessary to satisfy the requirement that
stations be
readily accessible to and usable by persons with disabilities
prior to
issuance of the final regulations.
(b) Rail Passenger Cars.--If final regulations have
not been issued
pursuant to section 244, a person shall be considered to have
complied with
the requirements of section 242 (a) through (d) that a rail
passenger car be
readily accessible to and usable by individuals with disabilities,
if the
design for such car complies with the laws and regulations (including
the
Minimum Guidelines and Requirements for Accessible Design and
such
supplemental minimum guidelines as are issued under section
504(a) of this
Act) governing accessibility of such cars, to the extent that
such laws and
regulations are not inconsistent with this part and are in effect
at the time
such design is substantially completed.
SEC. 246. EFFECTIVE DATE.
(a) General Rule.--Except as provided in subsection
(b), this part shall
become effective 18 months after the date of enactment of this
Act.
(b) Exception.--Sections 242 and 244 shall become
effective on the date of
enactment of this Act.
SEC. 301. DEFINITIONS.
As used in this title:
(1) Commerce.--The term
"commerce" means travel, trade, traffic,
commerce, transportation, or communication--
(A) among the several States;
(B) between any foreign country or any territory or possession and
any State; or
(C) between points in the same State but through another State or
foreign country.
(2) Commercial facilities.--The
term "commercial facilities" means
facilities--
(A) that are intended for nonresidential use; and
(B) whose operations will affect commerce.
Such term shall not include railroad
locomotives, railroad freight cars,
railroad cabooses, railroad cars described
in section 242 or covered
under this title, railroad rights-of-way,
or facilities that are covered
or expressly exempted from coverage
under the Fair Housing Act of 1968
(42 U.S.C. 3601 et seq.).
(3) Demand responsive system.--The
term "demand responsive system"
means any system of providing transportation
of individuals by a vehicle,
other than a system which is a fixed
route system.
(4) Fixed route system.--The
term "fixed route system" means a system
of providing transportation of individuals
(other than by aircraft) on
which a vehicle is operated along a
prescribed route according to a fixed
schedule.
(5) Over-the-road bus.--The
term "over-the-road bus" means a bus
characterized by an elevated passenger
deck located over a baggage
compartment.
(6) Private entity.--The
term "private entity" means any entity other
than a public entity (as defined in
section 201(1)).
(7) Public accommodation.--The
following private entities are
considered public accommodations for
purposes of this title, if the
operations of such entities affect commerce--
(A) an inn, hotel, motel, or other place of lodging, except for an
establishment
located within a building that contains not more than
five rooms for
rent or hire and that is actually occupied by the
proprietor of
such establishment as the residence of such proprietor;
(B) a restaurant, bar, or other establishment serving food or
drink;
(C) a motion picture house, theater, concert hall, stadium, or
other place
of exhibition or entertainment;
(D) an auditorium, convention center, lecture hall, or other place
of public gathering;
(E) a bakery, grocery store, clothing store, hardware store,
shopping center,
or other sales or rental establishment;
(F) a laundromat, dry-cleaner, bank, barber shop, beauty shop,
travel service,
shoe repair service, funeral parlor, gas station,
office of an
accountant or lawyer, pharmacy, insurance office,
professional
office of a health care provider, hospital, or other
service establishment;
(G) a terminal, depot, or other station used for specified public
transportation;
(H) a museum, library, gallery, or other place of public display or
collection;
(I) a park, zoo, amusement park, or other place of recreation;
(J) a nursery, elementary, secondary, undergraduate, or
postgraduate
private school, or other place of education;
(K) a day care center, senior citizen center, homeless shelter,
food bank, adoption
agency, or other social service center
establishment;
and
(L) a gymnasium, health spa, bowling alley, golf course, or other
place of exercise
or recreation.
(8) Rail and railroad.--The
terms "rail" and "railroad" have the
meaning given the term "railroad" in
section 202(e) of the Federal
Railroad Safety Act of 1970 (45 U.S.C.
431(e)).
(9) Readily achievable.--The
term "readily achievable" means easily
accomplishable and able to be carried
out without much difficulty or
expense. In determining whether an action
is readily achievable, factors
to be considered include--
(A) the nature and cost of the action needed under this Act;
(B) the overall financial resources of the facility or facilities
involved in
the action; the number of persons employed at such
facility; the
effect on expenses and resources, or the impact
otherwise of
such action upon the operation of the facility;
(C) the overall financial resources of the covered entity; the
overall size
of the business of a covered entity with respect to the
number of its
employees; the number, type, and location of its
facilities;
and
(D) the type of operation or operations of the covered entity,
including the
composition, structure, and functions of the workforce
of such entity;
the geographic separateness, administrative or fiscal
relationship
of the facility or facilities in question to the covered
entity.
(10) Specified public transportation.--The
term "specified public
transportation" means transportation
by bus, rail, or any other
conveyance (other than by aircraft)
that provides the general public with
general or special service (including
charter service) on a regular and
continuing basis.
(11) Vehicle.--The term
"vehicle" does not include a rail passenger
car, railroad locomotive, railroad freight
car, railroad caboose, or a
railroad car described in section 242
or covered under this title.
SEC. 302. PROHIBITION OF DISCRIMINATION BY PUBLIC
ACCOMMODATIONS.
(a) General Rule.--No individual shall be discriminated
against on the
basis of disability in the full and equal enjoyment of the goods,
services,
facilities, privileges, advantages, or accommodations of any
place of public
accommodation by any person who owns, leases (or leases to),
or operates a
place of public accommodation.
(b) Construction.--
(1) General prohibition.--
(A) Activities.--
(i) Denial of participation.--It shall be discriminatory to
subject an individual or class of individuals on the basis of a
disability or disabilities of such individual or class, directly,
or through contractual, licensing, or other arrangements, to a
denial of the opportunity of the individual or class to
participate in or benefit from the goods, services, facilities,
privileges, advantages, or accommodations of an entity.
(ii) Participation in unequal benefit.--It shall be
discriminatory to afford an individual or class of individuals,
on the basis of a disability or disabilities of such individual
or class, directly, or through contractual, licensing, or other
arrangements with the opportunity to participate in or benefit
from a good, service, facility, privilege, advantage, or
accommodation that is not equal to that afforded to other
individuals.
(iii) Separate benefit.--It shall be discriminatory to provide
an individual or class of individuals, on the basis of a
disability or disabilities of such individual or class, directly,
or through contractual, licensing, or other arrangements with a
good, service, facility, privilege, advantage, or accommodation
that is different or separate from that provided to other
individuals, unless such action is necessary to provide the
individual or class of individuals with a good, service,
facility, privilege, advantage, or accommodation, or other
opportunity that is as effective as that provided to others.
(iv) Individual or class of individuals.--For purposes of
clauses (i) through (iii) of this subparagraph, the term
"individual or class of individuals" refers to the clients or
customers of the covered public accommodation that enters into
the contractual, licensing or other arrangement.
(B) Integrated settings.--Goods, services, facilities, privileges,
advantages,
and accommodations shall be afforded to an individual
with a disability
in the most integrated setting appropriate to the
needs of the
individual.
(C) Opportunity to participate.--Notwithstanding the existence of
separate or
different programs or activities provided in accordance
with this section,
an individual with a disability shall not be
denied the opportunity
to participate in such programs or activities
that are not
separate or different.
(D) Administrative methods.--An individual or entity shall not,
directly or
through contractual or other arrangements, utilize
standards or
criteria or methods of administration--
(i) that have the effect of discriminating on the basis of
disability; or
(ii) that perpetuate the discrimination of others who are
subject to common administrative control.
(E) Association.--It shall be discriminatory to exclude or
otherwise deny
equal goods, services, facilities, privileges,
advantages,
accommodations, or other opportunities to an individual
or entity because
of the known disability of an individual with whom
the individual
or entity is known to have a relationship or
association.
(2) Specific prohibitions.--
(A) Discrimination.--For purposes of subsection (a), discrimination
includes--
(i) the imposition or application of eligibility criteria that
screen out or tend to screen out an individual with a disability
or any class of individuals with disabilities from fully and
equally enjoying any goods, services, facilities, privileges,
advantages, or accommodations, unless such criteria can be shown
to be necessary for the provision of the goods, services,
facilities, privileges, advantages, or accommodations being
offered;
(ii) a failure to make reasonable modifications in policies,
practices, or procedures, when such modifications are necessary
to afford such goods, services, facilities, privileges,
advantages, or accommodations to individuals with disabilities,
unless the entity can demonstrate that making such modifications
would fundamentally alter the nature of such goods, services,
facilities, privileges, advantages, or accommodations;
(iii) a failure to take such steps as may be necessary to
ensure that no individual with a disability is excluded, denied
services, segregated or otherwise treated differently than other
individuals because of the absence of auxiliary aids and
services, unless the entity can demonstrate that taking such
steps would fundamentally alter the nature of the good, service,
facility, privilege, advantage, or accommodation being offered or
would result in an undue burden;
(iv) a failure to remove architectural barriers, and
communication barriers that are structural in nature, in existing
facilities, and transportation barriers in existing vehicles and
rail passenger cars used by an establishment for transporting
individuals (not including barriers that can only be removed
through the retrofitting of vehicles or rail passenger cars by
the installation of a hydraulic or other lift), where such
removal is readily achievable; and
(v) where an entity can demonstrate that the removal of a
barrier under clause (iv) is not readily achievable, a failure to
make such goods, services, facilities, privileges, advantages, or
accommodations available through alternative methods if such
methods are readily achievable.
(B) Fixed route system.--
(i) Accessibility.--It shall be considered discrimination for a
private entity which operates a fixed route system and which is
not subject to section 304 to purchase or lease a vehicle with a
seating capacity in excess of 16 passengers (including the
driver) for use on such system, for which a solicitation is made
after the 30th day following the effective date of this
subparagraph, that is not readily accessible to and usable by
individuals with disabilities, including individuals who use
wheelchairs.
(ii) Equivalent service.--If a private entity which operates a
fixed route system and which is not subject to section 304
purchases or leases a vehicle with a seating capacity of 16
passengers or less (including the driver) for use on such system
after the effective date of this subparagraph that is not readily
accessible to or usable by individuals with disabilities, it
shall be considered discrimination for such entity to fail to
operate such system so that, when viewed in its entirety, such
system ensures a level of service to individuals with
disabilities, including individuals who use wheelchairs,
equivalent to the level of service provided to individuals
without disabilities.
(C) Demand responsive system.--For purposes of subsection (a),
discrimination
includes--
(i) a failure of a private entity which operates a demand
responsive system and which is not subject to section 304 to
operate such system so that, when viewed in its entirety, such
system ensures a level of service to individuals with
disabilities, including individuals who use wheelchairs,
equivalent to the level of service provided to individuals
without disabilities; and
(ii) the purchase or lease by such entity for use on such
system of a vehicle with a seating capacity in excess of 16
passengers (including the driver), for which solicitations are
made after the 30th day following the effective date of this
subparagraph, that is not readily accessible to and usable by
individuals with disabilities (including individuals who use
wheelchairs) unless such entity can demonstrate that such system,
when viewed in its entirety, provides a level of service to
individuals with disabilities equivalent to that provided to
individuals without disabilities.
(D) Over-the-road buses.--
(i) Limitation on applicability.--Subparagraphs (B) and (C) do
not apply to over-the-road buses.
(ii) Accessibility requirements.--For purposes of subsection
(a), discrimination includes (I) the purchase or lease of an
over-the-road bus which does not comply with the regulations
issued under section 306(a)(2) by a private entity which provides
transportation of individuals and which is not primarily engaged
in the business of transporting people, and (II) any other
failure of such entity to comply with such regulations.
(3) Specific Construction.--Nothing
in this title shall require an
entity to permit an individual to participate
in or benefit from the
goods, services, facilities, privileges,
advantages and accommodations of
such entity where such individual poses
a direct threat to the health or
safety of others. The term "direct threat"
means a significant risk to
the health or safety of others that
cannot be eliminated by a
modification of policies, practices,
or procedures or by the provision of
auxiliary aids or services.
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