1 2 3 4 5 6 7 8 9 28 cluding individuals who use wheelchairs, equivalent to that provided for the general public; and (B) purchasing or leasing a new bus, or vehicle that can carry in excess of 12 passengers, for which solicitations are made later than 30 days after the date of enactment of this Act, that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. 10 SEC. 403. PROHIBITION OF DISCRIMINATION IN PUBLIC 11 12 13 TRANSPORTATION SERVICES PROVIDED BY PRIVATE ENTITIES. (a) GENERAL RULE.-No individual shall be discrimi14 nated against on the basis of disability in the full and equal 15 enjoyment of public transportation services provided by a pri16 vately operated entity that is primarily engaged in the busi17 ness of transporting people, but is not in the principal busi18 ness of providing air transportation, and whose operations 19 affect commerce. 20 (b) CONSTRUCTION.-As used in subsection (a), the 21 term "discrimination against" includes 222 23 24 (1) the imposition or application by an entity of eligibility criteria that identify or limit, or tend to identify or limit, an individual with a disability or any class 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 of individuals with disabilities from fully enjoying the public transportation services provided by the entity; (2) the failure of an entity to (A) make reasonable modifications consistent with those required under section 402(b)(2); (B) provide auxiliary aids and services consistent with the requirements of section 402(b)(3); and (C) remove barriers consistent with the requirements of section 402(b)(4); and (3) the purchase or lease of a new vehicle (other than an automobile) that is to be used to provide public transportation services, and for which a solicitation is made later than 30 days after the date of enactment of this Act, that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. 18 SEC. 404. REGULATIONS. 19 (a) ACCESSIBILITY STANDARDS.-Not later than 240 20 days after the date of enactment of this Act, the Secretary of 21 Transportation shall issue regulations in an accessible format 22 that shall include standards applicable to facilities and vehi23 cles covered under section 403. 24 (b) OTHER PROVISIONS.-Not later than 240 days after 25 the date of enactment of this Act, the Attorney General shall ●HE 2273 SC 30 1 issue regulations in an accessible format to carry out the re2 maining provisions of this title not referred to in subsection 3 (a) that include standards applicable to facilities and vehicles 4 covered under section 402. 5 (c) STANDARDS.-Standards included in regulations 6 issued under subsections (a) and (b) shall be consistent with 7 the minimum guidelines and requirements issued by the Ar8 chitectural and Transportation Barriers Compliance Board in 9 accordance with section 604(b). 10 SEC. 405. ENFORCEMENT. 11 Sections 802(i), 813, and 814 (a) and (d) of the Fair 12 Housing Act (42 U.S.C. 3602(i), 3613, and 3614 (a) and (d)) 13 shall be available with respect to any aggrieved individual, 14 except that (1) any reference to a discriminatory housing practice or breach of a conciliation agreement shall be considered to be a reference to a practice that is dis criminatory under this title concerning a public accom modation or public transportation service operated by a private entity; and (2) subparagraph (B) of paragraph (1) and paragraphs (2) and (3) of subsection (a) of section 813 shall not apply. HR 2273 SC 5 6 7 8 9 10 11 H23 12 13 14 15 16 17 As used in this title: "Commission" (1) COMMISSION.-The term (2) TELECOMMUNICATIONS RELAY SERVICES.The term "telecommunications relay services" means services that enable simultaneous communication to take place between individuals who use TDDs or other nonvoice terminal devices and individuals who do not use such devices. (3) TDD.-The term "TDD" means a Telecommunication Device for the Deaf, a machine that employs graphic communications in the transmission of coded signals through the nationwide telecommunications system. 18 SEC. 502. TELECOMMUNICATIONS RELAY SERVICES. 19 (a) GENERAL RULE.-It shall be considered discrimina20 tion for purposes of this Act for any common carrier, as de21 fined in section 3(h) of the Communications Act of 1934 (47 22 U.S.C. 153(h)), that offers telephone services to the general 23 public, to fail to provide, not later than 1 year after the date 24 of enactment of this Act, interstate or intrastate telecom25 munication relay services so that such services provide indi HR 2273 SC 32 1 viduals who use nonvoice terminal devices because of disabil2 ities with opportunities for communications that are equal to 3 those provided to their customers who are able to use voice 4 telephone services, except that it shall not be considered dis5 crimination for such a common carrier to fail to provide such 6 services in any State to which subsection (b) applies if such 7 services are provided under subsection (b). 8 (b) STATE DISCRIMINATION.-It shall be considered 9 discrimination by a State, that designates an entity to provide 10 interstate or intrastate telecommunication relay services to 11 individuals throughout the entire State in a manner consist12 ent with regulations issued by the Commission, for purposes 13 of this Act, for such State, through the designated entity, to 14 fail to provide, not later than 1 year after the date of enact15 ment of this Act, interstate or intrastate telecommunication 16 relay services so that such services provide individuals who 17 use nonvoice terminal devices because of disabilities with op18 portunities for communications that are equal to those provid19 ed to their customers who are able to use voice telephone 20 services. 21 (c) CONSTRUCTION.-Nothing in this title shall be con22 strued to discourage or impair the development of improved 23 or future technology designed to improve access to telecom24 munications services for individuals with disabilities. SHR 2273 SC |