27 1 individuals with disabilities, except where an entity can demonstrate that it is structurally impracticable to do so, in accordance with standards set forth or incorpo rated 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 transportation services to individuals with disabilities, including 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. 20 SEC. 403. PROHIBITION OF DISCRIMINATION IN PUBLIC 21 2225 23 TRANSPORTATION SERVICES PROVIDED BY PRIVATE ENTITIES. (a) GENERAL RULE:-No individual shall be discrimi 24 nated against on the basis of disability in the full and equal 25 enjoyment of public transportation services provided by a pri HR 2273 IH 28 1 vately operated entity that is primarily engaged in the busi2 ness of transporting people, but is not in the principal busi 3 ness of providing air transportation, and whose operations 4 affect commerce. 5 (b) CONSTRUCTION.-As used in subsection (a), the 6 term "discrimination against" includes 14 15 16 17 20 23 (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 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 24 this Act, that is not readily accessible to and usable by HR 2273 IH 4 (a) ACCESSIBILITY STANDARDS.-Not later than 240 5 days after the date of enactment of this Act, the Secretary of 6 Transportation shall issue regulations in an accessible format 7 that shall include standards applicable to facilities and vehi8 cles covered under section 403. 9 (b) OTHER PROVISIONS.-Not later than 240 days after 10 the date of enactment of this Act, the Attorney General shall 11 issue regulations in an accessible format to carry out the re12 maining provisions of this title not referred to in subsection 13 (a) that include standards applicable to facilities and vehicles 14 covered under section 402. 15 (c) STANDARDS.-Standards included in regulations 16 issued under subsections (a) and (b) shall be consistent with 17 the minimum guidelines and requirements issued by the Ar18 chitectural and Transportation Barriers Compliance Board in 19 accordance with section 604(b). 20 SEC. 405. ENFORCEMENT. 21 Sections 802(i), 813, and 814 (a) and (d) of the Fair 22 Housing Act (42 U.S.C. 3602(i), 3613, and 3614 (a) and (d)) 23 shall be available with respect to any aggrieved individual, 24 except that 1 2 3 4 5 6 7 8 9 30 (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. 10 TITLE V-TELECOMMUNICATIONS 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 ●HR 2273 IN 1 2 31 coded signals through the nationwide telecommunications system. 3 SEC. 502. TELECOMMUNICATIONS RELAY SERVICES. 4 (a) GENERAL RULE.-It shall be considered discrimina5 tion for purposes of this Act for any common carrier, as de6 fined in section 3(h) of the Communications Act of 1934 (47 7 U.S.C. 153(h)), that offers telephone services to the general 8 public, to fail to provide, not later than 1 year after the date 9 of enactment of this Act, interstate or intrastate telecom10 munication relay services so that such services provide indi11 viduals who use nonvoice terminal devices because of disabil12 ities with opportunities for communications that are equal to 13 those provided to their customers who are able to use voice 14 telephone services, except that it shall not be considered dis15 crimination for such a common carrier to fail to provide such 16 services in any State to which subsection (b) applies if such 17 services are provided under subsection (b). 18 (b) STATE DISCRIMINATION.—It shall be considered 19 discrimination by a State, that designates an entity to provide 20 interstate or intrastate telecommunication relay services to 21 individuals throughout the entire State in a manner consist22 ent with regulations issued by the Commission, for purposes 23 of this Act, for such State, through the designated entity, to 24 fail to provide, not later than 1 year after the date of enact25 ment of this Act, interstate or intrastate telecommunication HR 2273 IH |