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(h) ALTERATIONS OF EXISTING FACILITIE8.-With
2 respect to a facility or any part thereof that is used for public 3 transportation and that is altered by, on behalf of, or for the 4 use of a public entity in a manner that affects or could affect 5 the usability of the facility or part thereof, it shall be consid6 ered discrimination, for purposes of this title and section 504 7 of the Rehabilitation Act of 1973 (29 U.S.C. 794), for such
8 individual or entity to fail to make the alterations in such a
9 manner that, to the maximum extent feasible, the altered
10. portions of the facility are readily accessible to and usable by 11 individuals with disabilities, including individuals who use 12 wheelchairs. If such public entity is undertaking major struc13 tural alterations that affect or could affect the usability of the 14 facility (as defined under criteria established by the Secretary 15 of. Transportation), such public entity shall also make the al16 terations in such a manner that, to the maximum extent fea
17 sible, the path of travel to the altered area, and the bath
18 rooms, telephones, and drinking fountains serving such area, 19 are readily accessible to and usable by individuals with dis20. abilities, including individuals who use wheelchairs.
(i) EXISTING FACILITIES, INTERCITY RAIL, RAPID
22 RAIL, LIGHT RAIL, AND COMMUTER RAIL SYSTEMS, AND
23 REY 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 a
public 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 SYSTEM8.—With respect to vehicles operated by intercity, light, rapid, and commuter rail systems, for purposes of this title and section 504 of the Rehabilita
tion Act of 1973 (29 U.S.C. 794), it shall be considered discrimination for a public 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
(29 U.S.C. 794), it shall be considered discrimina
tion for a public entity to fail to make stations in intercity rail systems and key stations in rapid rail, commuter rail, and light rail systems readily
rail, commuter rail, and light rail systems shall be made 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.
(C) INTERCITY RAIL SYSTEMS.-All stations
in intercity rail systems shall be made readily accessible to and usable by individuals with disabil
ities, including individuals who use wheelchairs,
as soon as practicable, but in no event later than
20 years after the date of enactment of this Act.
(D) PLANS AND MILESTONES.—The Secre
tary of Transportation shall require the appropriate public entity to develop a plan for compliance with this paragraph that reflects consultation with
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(a) ATTORNEY GENERAL.-Not later than 1 year after
6 the date of enactment of this Act, the Attorney General shall 7 promulgate regulations in an accessible format that imple8 ment this title (other than section 203), and such regulations
9 shall be consistent with this title and with the coordination
10 regulations under part 41 of title 28, Code of Federal Regu11 lations (as promulgated by the Department of Health, Educa12 tion, and Welfare on January 13, 1978), applicable to recipi13 ents of Federal financial assistance under section 504 of the
14 Rehabilitation Act of 1973 (29 U.S.C. 794) except, with re15 spect to "program accessibility, existing facilities”, and 16 "communications”, such regulations shall be consistent with 17 regulations and analysis as in part 39 of title 28 of the Code 18 of Federal Regulations, applicable to federally conducted ac
19 tivities under section 504 of the Rehabilitation Act of 1973
20 (29 U.S.C. 794).
(b) SECRETARY OF TRANSPORTATION.
(1) IN GENERAL.-Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall promulgate regulations in an accessible
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format that include standards applicable to facilities
and vehicles covered under section 203 of this title.
(2) CONFORMANCE OF STANDARDS.-Such stand
ards shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board in accord
ance with section 504.
8 SEC. 205. ENFORCEMENT.
The remedies, procedures, and rights set forth in section
10 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794a) shall
11 be available with respect to any individual who believes that
12 he or she is being subjected to discrimination on the basis of
13 disability in violation of this Act, or regulations promulgated 14 under section 204, concerning public services.
15 SEC. 206. EFFECTIVE DATE.
(a) IN GENERAL.-Except as provided in subsection (b),
17 this title shall become effective 18 months after the date of
18 enactment of this Act.
(b) FIXED ROUTE VEHICLES.-Section 203(b)(1), as
20 regarding new fixed route vehicles, shall become effective on
21 the date of enactment of this Act.
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