27 (5) with respect to a facility or part thereof that is altered by, on behalf of, or for the use of an establish ment later than one year after the date of enactment of this Act in a manner that affects or could affect the usability of the facility or part thereof, a failure to make the alterations in such a manner that, to the maximum extent feasible, the altered portion of the facility, the path of travel to the altered area, and the bathrooms, telephones, and drinking fountains serving the remodeled area, are readily accessible to and usable by individuals with disabilities; (6) a failure to make facilities constructed for first occupancy later than 30 months after the date of enactment of this Act readily accessible to and usable by individuals with disabilities, except where an entity can demonstrate that it is structurally impracticable to do so, in accordance with standards set forth or incorporated by reference in regulations issued under this title; and (7) in the case of an entity that uses a vehicle to transport individuals not covered under section 303 or 403 (A) a failure to provide a level of transporta tion services to individuals with disabilities, in HR 2273 SC 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 discrimi 14 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 22 23 24 (1) the imposition or application by an entity of eligibility criteria that identify or limit, or tend to iden tify or limit, an individual with a disability or any class 29 1 of individuals with disabilities from fully enjoying the 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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 ●HR 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 6 7 8 9 10 11 12 13 14 15 16 17 As used in this title: (1) COMMISSION.-The term "Commission" means the Federal Communications Commission. (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 |