20 1 (e) NEW FACILITIES.-For purposes of this Act and 2 section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 3 794), it shall be considered discrimination for an individual or 4 entity to build a new facility that will be used to provide 5 public transportation services, including bus service, intercity 6 rail service, rapid rail service, commuter rail service, light 7 rail service, and other service used for public transportation 8 that is not readily accessible to and usable by individuals with 9 disabilities, including individuals who use wheelchairs. 10 (f) ALTERATIONS OF EXISTING FACILITIES.-With re11 spect to a facility or any part thereof that is used for public 12 transportation and that is altered by, on behalf of, or for the 13 use of an individual or entity later than 1 year after the date 14 of enactment of this Act, in a manner that affects or could 15 affect the usability of the facility or part thereof, it shall be 16 considered discrimination, for purposes of this Act and sec17 tion 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), 18 for such individual or entity to fail to make the alterations in 19 such a manner that, to the maximum extent feasible, the al20 tered portion of the facility, the path of travel to the altered 21 area, and the bathrooms, telephones, and drinking fountains 22 serving the remodeled area are readily accessible to and 23 usable by individuals with disabilities, including individuals 24 who use wheelchairs. HR 2273 SC 21 1 (g) EXISTING FACILITIES, INTERCITY RAIL, RAPID 2 RAIL, LIGHT Rail, and COMMUTER RAIL SYSTEMS, AND 3 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 RAIL SYSTEMS.-With respect to vehicles operated by intercity, light, rapid and commuter rail systems, for purposes of this Act and section 504 of the Rehabilitation 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 ●HR 2273 SC 26-421 090 - 2 1 2 3 4 5 6 7 8 9 10 11 12 22 U.S.C. 794), it shall be considered discrimination for an individual or entity to fail to make stations in inter city rail systems and key stations in rapid rail, com muter 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 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. 13 SEC. 304. REGULATIONS. 14 (a) ATTORNEY GENERAL.-Not later than 180 days 15 after the date of enactment of this Act, the Attorney General 16 shall promulgate regulations in an accessible format that im17 plement this title (other than section 303), and such regula18 tions shall be consistent with this title and with the coordina19 tion regulations under part 41 of title 28, Code of Federal 20 Regulations (as in existence on January 13, 1978), applicable 21 to recipients of Federal financial assistance under section 504 22 of the Rehabilitation Act of 1973 (29 U.S.C. 794). 23 24 25 (b) SECRETARY OF TRANSPORTATION.— (1) IN GENERAL.-Not later than 240 days after the date of enactment of this Act, the Secretary of HR 2273 SC 1 2 3 4 5 6 7 8 23 Transportation shall promulgate regulations in an ac cessible format that include standards applicable to facilities and vehicles covered under section 303. (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 604(b). 9 SEC. 305. ENFORCEMENT. 10 The remedies, procedures, and rights set forth in section 11 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794a) shall 12 be available with respect to any individual who believes that 13 he or she is being or about to be subjected to discrimination 14 on the basis of disability in violation of any provisions of this 15 Act, or regulations promulgated under section 304, concern16 ing public services. 17 TITLE IV-PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES 18 19 20 SEC. 401. DEFINITIONS. 21 22 23 24 25 As used in this title: (1) COMMERCE.-The term "commerce" means travel, trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia and any State or between any for ●HR 2273 SC 24 eign country or any territory or possession and any State or the District of Columbia or between points in the same State but through another State or the Dis trict of Columbia or foreign country. (2) PUBLIC ACCOMMODATION. (A) IN GENERAL.-The term "public accommodation" means privately operated establish ments (i)(I) that are used by the general public as customers, clients, or visitors; or (II) that are potential places of employment; and (ii) whose operations affect commerce. (B) INCLUSIONS.-Public accommodations referred to in clause (i)(I) include auditoriums, convention centers, stadiums, theaters, restaurants, shopping centers, inns, hotels, and motels (other than inns, hotels, and motels exempt under section 201(b)(1) of the Civil Rights Act of 1964 (42 U.S.C. 2000a(b)(1))), terminals used for public transportation, passenger vehicle service stations, professional offices of health care providers, office buildings, sales establishments, personal and public service businesses, parks, private schools, and recreation facilities. ●HR 2273 SC |