17 1 general public with general or special service (including char 2 ter service) on a regular and continuing basis. (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 transportation, 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. 1 2. 3 4 5 6 7 8 18 (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 maximum extent feasible, be readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. (c) PARATRANSIT AS A SUPPLEMENT TO FIXED 9 ROUTE PUBLIC TRANSPORTATION SYSTEM.-If an individ10 ual or entity operates a fixed route public transportation 11 system to provide public transportation, it shall be considered 12 discrimination, for purposes of this Act and section 504 of the 13 Rehabilitation Act of 1973 (29 U.S.C. 794), for such individ14 ual or entity to fail to provide paratransit or other special 15 transportation services sufficient to provide a comparable 16 level of services as is provided to individuals using fixed route 17 public transportation to individuals with disabilities, including 18 individuals who use wheelchairs, who cannot otherwise use 19 fixed route public transportation and to other individuals as20 sociated with such individuals with disabilities in accordance 21 with service criteria established under regulations promul22 gated by the Secretary of Transportation. 23 (d) COMMUNITY OPERATING DEMAND RESPONSIVE 24 SYSTEMS FOR THE GENERAL PUBLIC.-If an individual or 25 entity operates a demand responsive system that is used to HR 2273 IH 19 1 provide public transportation for the general public, it shall 2 be considered discrimination, for purposes of this Act and 3 section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 4 794), for such individual or entity to purchase or lease a new 5 vehicle, for which a solicitation is made later than 30 days 6 after the date of enactment of this Act, that is not readily 7 accessible to and usable by individuals with disabilities, in8 cluding individuals who use wheelchairs unless the entity can 9 demonstrate that such system, when viewed in its entirety, 10 provides a level of service to individuals with disabilities 11 equivalent to that provided to the general public. 12 (e) NEW FACILITIES.-For purposes of this Act and 13 section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 14 794), it shall be considered discrimination for an individual or 15 entity to build a new facility that will be used to provide 16 public transportation services, including bus service, intercity 17 rail service, rapid rail service, commuter rail service, light 18 rail service, and other service used for public transportation 19 that is not readily accessible to and usable by individuals with 20 disabilities, including individuals who use wheelchairs. 21 (f) ALTERATIONS OF EXISTING FACILITIES.-With re22 spect to a facility or any part thereof that is used for public 23 transportation and that is altered by, on behalf of, or for the 24 use of an individual or entity later than 1 year after the date 23 of enactment of this Act, in a manner that affects or could HR 2273 (H 20 1 affect the usability of the facility or part thereof, it shall be ? considered discrimination, for purposes of this Act and sec3 tion 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), 4 for such individual or entity to fail to make the alterations in 5 such a manner that, to the maximum extent feasible, the al6 tered portion of the facility, the path of travel to the altered 7 area, and the bathrooms, telephones, and drinking fountains 8 serving the remodeled area are readily accessible to and 9 usable by individuals with disabilities, including individuals 10 who use wheelchairs. 11 (g) EXISTING FACILITIES, INTERCITY RAIL, RAPID 12 RAIL, LIGHT RAIL, AND COMMUTER RAIL SYSTEMS, AND 13 KEY STATIONS. (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 BAIL SYSTEMS.—With respect to vehicles operated by ●HR 2273 [H 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 21 intercity, light, rapid and commuter rail systems, for purposes of this Act and section 504 of the Rehabilita tion 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 U.S.C. 794), it shall be considered discrimination for an individual or entity to fail to make stations in intercity 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 19 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. 20 21 22 23 SEC. 304. REGULATIONS. 24 (a) ATTORNEY GENERAL.-Not later than 180 days 25 after the date of enactment of this Act, the Attorney General HR 2273 IH |