17 1 State or board, commission or other instrumentality of a 2 State and political subdivision. 3 SEC. 302. DISCRIMINATION. 4 No qualified individual with a disability shall, by reason 5 of his or her disability, be excluded from the participation in, 6 be denied the benefits of, or be subjected to discrimination by 7 a State, or agency or political subdivision of a State or board, 8 commission, or other instrumentality of a State and political 9 subdivision. 10 SEC. 303. ACTIONS APPLICABLE TO PUBLIC TRANSPORTATION 11 12 CONSIDERED DISCRIMINATORY. (a) DEFINITION.-As used in this title, the term "public 13 transportation" means transportation by bus or rail, or by 14 any other conveyance (other than air travel) that provides the 15 general public with general or special service (including char16 ter service) on a regular and continuing basis. 17 18 19 20 21 22 23 24 25 (b) VEHICLES. (1) NEW BUSES, RAIL VEHICLES, AND OTHER FIXED ROUTE VEHICLES.-It shall be considered discrimination for purposes of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for an individual or entity to purchase or lease a new fixed route bus of any size, a new intercity rail vehicle, a new commuter rail vehicle, a new rapid rail vehicle, a new light rail vehicle to be used for public transporta 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 18 tion, or any other new fixed route vehicle to be used for public transportation and for which a solicitation by such individual or entity is made later than 30 days after the date of enactment of this Act, if such bus, rail, or other vehicle is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. (2) USED VEHICLES.-If an individual or entity purchases or leases a used vehicle after the date of enactment of this Act, such individual or entity shall make demonstrated good faith efforts to purchase or lease a used vehicle that is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. (3) REMANUFACTURED VEHICLES.-If an individual or entity remanufactures a vehicle, or purchases or leases a remanufactured vehicle, so as to extend its usable life for 5 years or more, the vehicle shall, to the 19 maximum extent feasible, be readily accessible to and 22 usable by individuals with disabilities, including individ uals who use wheelchairs. (c) PARATRANSIT AS A SUPPLEMENT TO FIXED 23 ROUTE PUBLIC TRANSPORTATION SYSTEM.-If an individ24 ual or entity operates a fixed route public transportation 25 system to provide public transportation, it shall be considered ●HE 2273 SC 19 1 discrimination, for purposes of this Act and section 504 of the 2 Rehabilitation Act of 1973 (29 U.S.C. 794), for such individ3 ual or entity to fail to provide paratransit or other special 4 transportation services sufficient to provide a comparable 5 level of services as is provided to individuals using fixed route 6 public transportation to individuals with disabilities, including 7 individuals who use wheelchairs, who cannot otherwise use 8 fixed route public transportation and to other individuals as9 sociated with such individuals with disabilities in accordance 10 with service criteria established under regulations promul11 gated by the Secretary of Transportation. 12 (d) COMMUNITY OPERATING DEMAND RESPONSIVE 13 SYSTEMS For the GenerAL PUBLIC.-If an individual or 14 entity operates a demand responsive system that is used to 15 provide public transportation for the general public, it shall 16 be considered discrimination, for purposes of this Act and 17 section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 18 794), for such individual or entity to purchase or lease a new 19 vehicle, for which a solicitation is made later than 30 days 20 after the date of enactment of this Act, that is not readily 21 accessible to and usable by individuals with disabilities, in22 cluding individuals who use wheelchairs unless the entity can 23 demonstrate that such system, when viewed in its entirety, 24 provides a level of service to individuals with disabilities 25 equivalent to that provided to the general public. OHR 2273 SC 20 1 (e) NEW FACILITIES.-For purposes of this Act and 2 section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 3 794), it shall be considered discrimination for an individual or 4 entity to build a new facility that will be used to provide 5 public transportation services, including bus service, intercity 6 rail service, rapid rail service, commuter rail service, light 7 rail service, and other service used for public transportation 8 that is not readily accessible to and usable by individuals with 9 disabilities, including individuals who use wheelchairs. 10 (f) ALTERATIONS OF EXISTING FACILITIES.-With re11 spect to a facility or any part thereof that is used for public 12 transportation and that is altered by, on behalf of, or for the 13 use of an individual or entity later than 1 year after the date 14 of enactment of this Act, in a manner that affects or could 15 affect the usability of the facility or part thereof, it shall be 16 considered discrimination, for purposes of this Act and sec17 tion 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), 18 for such individual or entity to fail to make the alterations in 19 such a manner that, to the maximum extent feasible, the al20 tered portion of the facility, the path of travel to the altered 21 area, and the bathrooms, telephones, and drinking fountains 22 serving the remodeled area are readily accessible to and 23 usable by individuals with disabilities, including individuals 24 who use wheelchairs. HR 2273 SC 21 1 (g) EXISTING FACILITIES, INTERCITY RAIL, RAPID 2 RAIL, LIGHT RAIL, AND COMMUTER RAIL SYSTEMS, AND 3 KEY STATIONS. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 223 24 25 (1) EXISTING FACILITIES.-Except as provided in paragraph (3), with respect to existing facilities used for public transportation, it shall be considered discrimination, for purposes of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), for an individual or entity to fail to operate such public transportation program or activity conducted in such facilities so that, when viewed in the entirety, it is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. (2) INTERCITY, RAPID, LIGHT, AND COMMUTER RAIL SYSTEMS.—With respect to vehicles operated by intercity, light, rapid and commuter rail systems, for purposes of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), it shall be consid ered discrimination for an individual or entity to fail to have at least one car per train that is accessible to individuals with disabilities, including individuals who use wheelchairs, as soon as practicable but in any event in no less than 5 years. (3) KEY STATIONS.-For purposes of this Act and section 504 of the Rehabilitation Act of 1973 (29 HR 2273 SC |