25 1 (h) ALTERATIONS OF EXISTING FACILITIES.-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 fea17 sible, the path of travel to the altered area, and the bath18 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. 21 (i) EXISTING FACILITIES, INTERCITY RAIL, RAPID 22 RAIL, LIGHT RAIL, AND COMMUTER RAIL SYSTEMS, AND 23 KEY STATIONS. 24 25 (1) EXISTING FACILITIES.-Except as provided in paragraph (3), with respect to existing facilities used 1 2 3 4 5 6 7 .8 9 10 26 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 accessi ble to and usable by individuals with disabilities, including individuals who use wheelchairs. (2) INTERCITY, RAPID, LIGHT, AND COMMUTER RAIL SYSTEMS.-With respect to vehicles operated by 11 intercity, light, rapid, and commuter rail systems, for 1 2 3 12 purposes of this title and section 504 of the Rehabilitation 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 less than 5 years. (A) IN GENERAL.-For purposes of this title and section 504 of the Rehabilitation Act of 1973 (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 05 933.PP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 accessible to and usable by individuals with disabilities, including individuals who use wheel chairs. (B) RAPID BAIL, COMMUTER RAIL, AND LIGHT RAIL SYSTEMS.-Key stations in rapid 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 enact ment 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 Secretary of Transportation shall require the appropriate public entity to develop a plan for compliance with this paragraph that reflects consultation with eS 933 PP 1 28 individuals with disabilities affected by such plan 2 and that establishes milestones for achievement of 3 the requirements of this paragraph. 4 SEC. 204. REGULATIONS. 5 (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 ac19 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 08 933 PP 29 1 2 format that include standards applicable to facilities and vehicles covered under section 203 of this title. 3 4 5 6 7 (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 504. 8 SEC. 205. ENFORCEMENT. 9 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. 16 (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. 19 (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. 08 933 PP |