1 2 3 4 5 6 7 8 9 10 11 12 22 U.S.C. 794), it shall be considered discrimination for an individual or entity to fail to make stations in inter city rail systems and key stations in rapid rail, commuter rail and light rail systems 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 for extraordinarily expensive structural changes to, or replacement of, existing facilities necessary to achieve accessibility. 13 SEC. 304. REGULATIONS. 14 (a) ATTORNEY GENERAL.-Not later than 180 days 15 after the date of enactment of this Act, the Attorney General 16 shall promulgate regulations in an accessible format that im17 plement this title (other than section 303), and such regula18 tions shall be consistent with this title and with the coordina19 tion regulations under part 41 of title 28, Code of Federal 20 Regulations (as in existence on January 13, 1978), applicable 21 to recipients of Federal financial assistance under section 504 22 of the Rehabilitation Act of 1973 (29 U.S.C. 794). 23 24 25 (b) SECRETARY OF TRANSPORTATION.— (1) IN GENERAL.-Not later than 240 days after the date of enactment of this Act, the Secretary of HR 2273 SC 1 2 3 4 5 6 7 8 23 Transportation shall promulgate regulations in an accessible format that include standards applicable to facilities and vehicles covered under section 303. (2) CONFORMANCE OF STANDARDS.-Such standards shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board in accordance with section 604(b). 9 SEC. 305. ENFORCEMENT. 10 The remedies, procedures, and rights set forth in section 11 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794a) shall 12 be available with respect to any individual who believes that 13 he or she is being or about to be subjected to discrimination 14 on the basis of disability in violation of any provisions of this 15 Act, or regulations promulgated under section 304, concern16 ing public services. 17 TITLE IV-PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES 18 19 20 SEC. 401. DEFINITIONS. 21 22 23 24 25 As used in this title: (1) COMMERCE.-The term "commerce" means travel, trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia and any State or between any for HR 2273 SC 24 eign country or any territory or possession and any State or the District of Columbia or between points in the same State but through another State or the Dis trict of Columbia or foreign country. (2) PUBLIC ACCOMMODATION.— (A) IN GENERAL.-The term "public accommodation" means privately operated establish ments (i)(I) that are used by the general public as customers, clients, or visitors; or (II) that are potential places of employment; and (ii) whose operations affect commerce. (B) INCLUSIONS.-Public accommodations referred to in clause (i)(D) include auditoriums, 2 convention centers, stadiums, theaters, restaurants, shopping centers, inns, hotels, and motels (other than inns, hotels, and motels exempt under section 201(b)(1) of the Civil Rights Act of 1964 (42 U.S.C. 2000a(b)(1))), terminals used for public transportation, passenger vehicle service stations, professional offices of health care providers, office buildings, sales establishments, personal and public service businesses, parks, private schools, and recreation facilities. ●HR 2273 SC 25 1 (3) PUBLIC TRANSPORTATION.-The term 2 3 "public transportation" means transportation by bus or rail, or by any other conveyance (other than by air 4 travel) that provides the general public with general or 5 6 special service (including charter service) on a regular and continuing basis. 7 SEC. 402. PROHIBITION OF DISCRIMINATION BY PUBLIC 8 ACCOMMODATIONS. 9 (a) GENERAL RULE.-No individual shall be discrimi10 nated against in the full and equal enjoyment of the goods, 11 services, facilities, privileges, advantages, and accommoda12 tions of any place of public accommodation, on the basis of 13 disability. 14 (b) CONSTRUCTION.-As used in subsection (a), the 15 term "discriminated against" includes— (1) the imposition or application of eligibility criteria that identify or limit, or tend to identify or limit, an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, and accommodations; (2) a failure to make reasonable modifications in rules, policies, practices, procedures, protocols, or services when such modifications may be necessary to afford such privileges, advantages, and accommodations HR 2273 SC 26 unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such privileges, advantages, and accommodations; (3) 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 result in undue burden; (4)(A) a failure to remove architectural and communication barriers that are structural in nature in existing facilities, and transportation barriers in existing vehicles used by an establishment for transporting individuals (not including barriers that can only be re moved through the retrofitting of vehicles by the instal lation of a hydraulic or other lift), where such removal is readily achievable; and (B) where an entity can demonstrate that removal of a barrier under subparagraph (A) is not readily achievable, a failure to make such goods, services, facilities, privileges, advantages, and accommodations available through alternative methods if such methods are readily achievable; HR 2273 8C 36-873 0-91-2 |