(1)
Public entity.--The term "public entity" means--
(A)
any
State or local government;
(B)
any
department, agency, special purpose district, or other instrumentality
of a
State or States or local government; and
(C)
the
National Railroad Passenger Corporation, and any commuter authority (as
defined
in section 103(8) of the Rail Passenger Service Act).
(2)
Qualified individual with a disability.--The term "qualified individual
with a disability" means an individual with a disability who, with or
without reasonable modifications to rules, policies, or practices, the
removal
of architectural, communication, or transportation barriers, or the
provision
of auxiliary aids and services, meets the essential eligibility
requirements
for the receipt of services or the participation in programs or
activities
provided by a public entity.
Subject to the provisions of
this title, no qualified
individual with a disability shall, by reason of such disability, be
excluded
from participation in or be denied the benefits of the services,
programs, or
activities of a public entity, or be subjected to discrimination by any
such
entity.
The remedies, procedures, and
rights set forth in section 505
of the Rehabilitation Act of 1973 (29 U.S.C. 794a) shall be the
remedies,
procedures, and rights this title provides to any person alleging
discrimination on the basis of disability in violation of section 202.
(a)
In
General.--Not later than 1 year after the date of enactment of
this Act, the
Attorney General shall promulgate regulations in an accessible format
that
implement this subtitle. Such regulations shall not include any matter
within
the scope of the authority of the Secretary of Transportation under
section
223, 229, or 244.
(b)
Relationship to Other Regulations.--Except for "program
accessibility,
existing facilities", and "communications", regulations under
subsection (a) shall be consistent with this Act and with the
coordination
regulations under part 41 of title 28, Code of Federal Regulations (as
promulgated by the Department of Health, Education, and Welfare on
January 13,
1978), applicable to recipients of Federal financial assistance under
section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). With respect to
"program accessibility, existing facilities", and
"communications", such regulations shall be consistent with
regulations and analysis as in part 39 of title 28 of the Code of
Federal
Regulations, applicable to federally conducted activities under such
section
504.
(c)
Standards.--Regulations under subsection (a) shall include
standards applicable
to facilities and vehicles covered by this subtitle, other than
facilities, stations,
rail passenger cars, and vehicles covered by subtitle B. 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(a) of this Act.
(a)
General Rule.--Except as provided in subsection (b), this
subtitle shall become
effective 18 months after the date of enactment of this Act.
(b)
Exception.--Section 204 shall become effective on the date of
enactment of this
Act.
As used in this part:
(1)
Demand responsive system.--The term "demand responsive system" means
any system of providing designated public transportation which is not a
fixed
route system.
(2)
Designated public transportation.--The term "designated public
transportation" means transportation (other than public school
transportation) by bus, rail, or any other conveyance (other than
transportation by aircraft or intercity or commuter rail transportation
(as
defined in section 241)) that provides the general public with general
or
special service (including charter service) on a regular and continuing
basis.
(3)
Fixed route system.--The term "fixed route system" means a system of
providing designated public transportation on which a vehicle is
operated along
a prescribed route according to a fixed schedule.
(4)
Operates.--The term "operates", as used with respect to a fixed route
system or demand responsive system, includes operation of such system
by a
person under a contractual or other arrangement or relationship with a
public
entity.
(5)
Public school transportation.--The term "public school
transportation" means transportation by schoolbus vehicles of
schoolchildren, personnel, and equipment to and from a public
elementary or
secondary school and school-related activities.
(6)
Secretary.--The term "Secretary" means the Secretary of
Transportation.
(a)
Purchase and Lease of New Vehicles.--It shall be considered
discrimination for
purposes of section 202 of this Act and section 504 of the
Rehabilitation Act
of 1973 (29 U.S.C. 794) for a public entity which operates a fixed
route system
to purchase or lease a new bus, a new rapid rail vehicle, a new light
rail
vehicle, or any other new vehicle to be used on such system, if the
solicitation for such purchase or lease is made after the 30th day
following
the effective date of this subsection and if such bus, rail vehicle, or
other
vehicle is not readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs.
(b)
Purchase and Lease of Used Vehicles.--Subject to subsection
(c)(1), it shall be
considered discrimination for purposes of section 202 of this Act and
section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a public
entity which
operates a fixed route system to purchase or lease, after the 30th day
following the effective date of this subsection, a used vehicle for use
on such
system unless such entity makes demonstrated good faith efforts to
purchase or
lease a used vehicle for use on such system that is readily accessible
to and
usable by individuals with disabilities, including individuals who use
wheelchairs.
(c)
Remanufactured Vehicles.--
(1)
General rule.--Except as provided in paragraph (2), it shall be
considered
discrimination for purposes of section 202 of this Act and section 504
of the
Rehabilitation Act of 1973 (29 U.S.C. 794) for a public entity which
operates a
fixed route system--
(A)
to
remanufacture a vehicle for use on such system so as to extend its
usable life
for 5 years or more, which remanufacture begins (or for which the
solicitation
is made) after the 30th day following the effective date of this
subsection; or
(B)
to
purchase or lease for use on such system a remanufactured vehicle which
has
been remanufactured so as to extend its usable life for 5 years or
more, which
purchase or lease occurs after such 30th day and during the period in
which the
usable life is extended; unless, after remanufacture, the vehicle is,
to the
maximum extent feasible, readily accessible to and usable by
individuals with
disabilities, including individuals who use wheelchairs.
(2)
Exception for historic vehicles.--
(A)
General rule.--If a public entity operates a fixed route system any
segment of
which is included on the National Register of Historic Places and if
making a
vehicle of historic character to be used solely on such segment readily
accessible to and usable by individuals with disabilities would
significantly
alter the historic character of such vehicle, the public entity only
has to
make (or to purchase or lease a remanufactured vehicle with) those
modifications which are necessary to meet the requirements of paragraph
(1) and
which do not significantly alter the historic character of such vehicle.
(B)
Vehicles of historic character defined by regulations.--For purposes of
this
paragraph and section 228(b), a vehicle of historic character shall be
defined
by the regulations issued by the Secretary to carry out this subsection.
(a)
General Rule.--It shall be considered discrimination for
purposes of section
202 of this Act and section 504 of the Rehabilitation Act of 1973 (29
U.S.C.
794) for a public entity which operates a fixed route system (other
than a
system which provides solely commuter bus service) to fail to provide
with
respect to the operations of its fixed route system, in accordance with
this
section, paratransit and other special transportation services to
individuals
with disabilities, including individuals who use wheelchairs, that are
sufficient to provide to such individuals a level of service
(1)
which is comparable to the level of designated public transportation
services
provided to individuals without disabilities using such system; or
(2)
in
the case of response time, which is comparable, to the extent
practicable, to
the level of designated public transportation services provided to
individuals
without disabilities using such system.
(b)
Issuance of Regulations.--Not later than 1 year after the
effective date of
this subsection, the Secretary shall issue final regulations to carry
out this
section.
(c)
Required Contents of Regulations.--
(1)
Eligible recipients of service.--The regulations issued under this
section
shall require each public entity which operates a fixed route system to
provide
the paratransit and other special transportation services required
under this
section--
(A)(i)
to any individual with a disability who is unable, as a result of a
physical or
mental impairment (including a vision impairment) and without the
assistance of
another individual (except an operator of a wheelchair lift or other
boarding
assistance device), to board, ride, or disembark from any vehicle on
the system
which is readily accessible to and usable by individuals with
disabilities;
(ii)
to
any individual with a disability who needs the assistance of a
wheelchair lift
or other boarding assistance device (and is able with such assistance)
to
board, ride, and disembark from any vehicle which is readily accessible
to and
usable by individuals with disabilities if the individual wants to
travel on a
route on the system during the hours of operation of the system at a
time (or
within a reasonable period of such time) when such a vehicle is not
being used
to provide designated public transportation on the route; and
(iii)
to any individual with a disability who has a specific
impairment-related
condition which prevents such individual from traveling to a boarding
location
or from a disembarking location on such system;
(B)
to
one other individual accompanying the individual with the disability;
and
(C)
to
other individuals, in addition to the one individual described in
subparagraph
(B), accompanying the individual with a disability provided that space
for
these additional individuals is available on the paratransit vehicle
carrying
the individual with a disability and that the transportation of such
additional
individuals will not result in a denial of service to individuals with
disabilities. For purposes of clauses (i) and (ii) of subparagraph (A),
boarding or disembarking from a vehicle does not include travel to the
boarding
location or from the disembarking location.
(2)
Service area.--The regulations issued under this section shall require
the
provision of paratransit and special transportation services required
under
this section in the service area of each public entity which operates a
fixed
route system, other than any portion of the service area in which the
public
entity solely provides commuter bus service.
(3)
Service criteria.--Subject to paragraphs (1) and (2), the regulations
issued
under this section shall establish minimum service criteria for
determining the
level of services to be required under this section.
(4)
Undue financial burden limitation.--The regulations issued under this
section
shall provide that, if the public entity is able to demonstrate to the
satisfaction of the Secretary that the provision of paratransit and
other
special transportation services otherwise required under this section
would
impose an undue financial burden on the public entity, the public
entity,
notwithstanding any other provision of this section (other than
paragraph (5)),
shall only be required to provide such services to the extent that
providing
such services would not impose such a burden.
(5)
Additional services.--The regulations issued under this section shall
establish
circumstances under which the Secretary may require a public entity to
provide,
notwithstanding paragraph (4), paratransit and other special
transportation
services under this section beyond the level of paratransit and other
special
transportation services which would otherwise be required under
paragraph (4).
(6)
Public participation.--The regulations issued under this section shall
require
that each public entity which operates a fixed route system hold a
public
hearing, provide an opportunity for public comment, and consult with
individuals with disabilities in preparing its plan under paragraph (7).
(7)
Plans.--The regulations issued under this section shall require that
each
public entity which operates a fixed route system--
(A)
within 18 months after the effective date of this subsection, submit to
the
Secretary, and commence implementation of, a plan for providing
paratransit and
other special transportation services which meets the requirements of
this
section; and
(B)
on
an annual basis thereafter, submit to the Secretary, and commence
implementation of, a plan for providing such services.
(8)
Provision of services by others.--The regulations issued under this
section
shall--
(A)
require that a public entity submitting a plan to the Secretary under
this
section identify in the plan any person or other public entity which is
providing a paratransit or other special transportation service for
individuals
with disabilities in the service area to which the plan applies; and
(B)
provide that the public entity submitting the plan does not have to
provide
under the plan such service for individuals with disabilities.
(9)
Other provisions.--The regulations issued under this section shall
include such
other provisions and requirements as the Secretary determines are
necessary to
carry out the objectives of this section.
(d)
Review of Plan.--
(1)
General rule.--The Secretary shall review a plan submitted under this
section
for the purpose of determining whether or not such plan meets the
requirements
of this section, including the regulations issued under this section.
(2)
Disapproval.--If the Secretary determines that a plan reviewed under
this
subsection fails to meet the requirements of this section, the
Secretary shall
disapprove the plan and notify the public entity which submitted the
plan of
such disapproval and the reasons therefor.
(3)
Modification of disapproved plan.--Not later than 90 days after the
date of
disapproval of a plan under this subsection, the public entity which
submitted
the plan shall modify the plan to meet the requirements of this section
and
shall submit to the Secretary, and commence implementation of, such
modified
plan.
(e)
Discrimination Defined.--As used in subsection (a), the term
"discrimination" includes--
(1) a
failure of a public entity to which the regulations issued under this
section
apply to submit, or commence implementation of, a plan in accordance
with
subsections (c)(6) and (c)(7);
(2) a
failure of such entity to submit, or commence implementation of, a
modified
plan in accordance with subsection (d)(3);
(3)
submission to the Secretary of a modified plan under subsection (d)(3)
which
does not meet the requirements of this section; or
(4) a
failure of such entity to provide paratransit or other special
transportation
services in accordance with the plan or modified plan the public entity
submitted
to the Secretary under this section.
(f)
Statutory Construction.--Nothing in this section shall be
construed as
preventing a public entity--
(1)
from providing paratransit or other special transportation services at
a level
which is greater than the level of such services which are required by
this
section,
(2)
from providing paratransit or other special transportation services in
addition
to those paratransit and special transportation services required by
this
section, or
(3)
from providing such services to individuals in addition to those
individuals to
whom such services are required to be provided by this section.
If a public entity
operates a demand responsive system, it shall be considered
discrimination, for
purposes of section 202 of this Act and section 504 of the
Rehabilitation Act
of 1973 (29 U.S.C. 794), for such entity to purchase or lease a new
vehicle for
use on such system, for which a solicitation is made after the 30th day
following the effective date of this section, that is not readily
accessible to
and usable by individuals with disabilities, including individuals who
use
wheelchairs, unless such system, when viewed in its entirety, provides
a level
of service to such individuals equivalent to the level of service such
system
provides to individuals without disabilities.
(a)
Granting.--With respect to the purchase of new buses, a public
entity may apply
for, and the Secretary may temporarily relieve such public entity from
the
obligation under section 222(a) or 224 to purchase new buses that are
readily
accessible to and usable by individuals with disabilities if such
public entity
demonstrates to the satisfaction of the Secretary--
(1)
that the initial solicitation for new buses made by the public entity
specified
that all new buses were to be lift-equipped and were to be otherwise
accessible
to and usable by individuals with disabilities;
(2)
the
unavailability from any qualified manufacturer of hydraulic,
electromechanical,
or other lifts for such new buses;
(3)
that the public entity seeking temporary relief has made good faith
efforts to
locate a qualified manufacturer to supply the lifts to the manufacturer
of such
buses in sufficient time to comply with such solicitation; and
(4)
that any further delay in purchasing new buses necessary to obtain such
lifts
would significantly impair transportation services in the community
served by
the public entity.
(b)
Duration and Notice to Congress.--Any relief granted under
subsection (a) shall
be limited in duration by a specified date, and the appropriate
committees of
Congress shall be notified of any such relief granted.
(c)
Fraudulent Application.--If, at any time, the Secretary has
reasonable cause to
believe that any relief granted under subsection (a) was fraudulently
applied
for, the Secretary shall--
(1)
cancel such relief if such relief is still in effect; and
(2)
take such other action as the Secretary considers appropriate.
For purposes of section 202 of
this Act and section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 794), it shall be considered
discrimination for a public entity to construct a new facility to be
used in
the provision of designated public transportation services unless such
facility
is readily accessible to and usable by individuals with disabilities,
including
individuals who use wheelchairs.
(a)
General Rule.--With respect to alterations of an existing
facility or part
thereof used in the provision of designated public transportation
services that
affect or could affect the usability of the facility or part thereof,
it shall
be considered discrimination, for purposes of section 202 of this Act
and
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), for a
public
entity to fail to make such alterations (or to ensure that the
alterations are
made) in such a manner that, to the maximum extent feasible, the
altered
portions of the facility are readily accessible to and usable by
individuals
with disabilities, including individuals who use wheelchairs, upon the
completion of such alterations. Where the public entity is undertaking
an
alteration that affects or could affect usability of or access to an
area of
the facility containing a primary function, the entity shall also make
the
alterations in such a manner that, to the maximum extent feasible, the
path of
travel to the altered area and the bathrooms, telephones, and drinking
fountains serving the altered area, are readily accessible to and
usable by
individuals with disabilities, including individuals who use
wheelchairs, upon
completion of such alterations, where such alterations to the path of
travel or
the bathrooms, telephones, and drinking fountains serving the altered
area are
not disproportionate to the overall alterations in terms of cost and
scope (as
determined under criteria established by the Attorney General).
(b)
Special Rule for Stations.--
(1)
General rule.--For purposes of section 202 of this Act and section 504
of the
Rehabilitation Act of 1973 (29 U.S.C. 794), it shall be considered
discrimination for a public entity that provides designated public
transportation to fail, in accordance with the provisions of this
subsection,
to make key stations (as determined under criteria established by the
Secretary
by regulation) in rapid rail and light rail systems readily accessible
to and
usable by individuals with disabilities, including individuals who use
wheelchairs.
(2)
Rapid rail and light rail key stations.--
(A)
Accessibility.--Except as otherwise provided in this paragraph, all key
stations (as determined under criteria established by the Secretary by
regulation) in rapid 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 the last day of the 3-year period beginning on the effective date
of this
paragraph.
(B)
Extension for extraordinarily expensive structural changes.-- The
Secretary may
extend the 3-year period under subparagraph (A) up to a 30-year period
for key
stations in a rapid rail or light rail system which stations need
extraordinarily expensive structural changes to, or replacement of,
existing
facilities; except that by the last day of the 20th year following the
date of
the enactment of this Act at least 2/3 of such key stations must be
readily
accessible to and usable by individuals with disabilities.
(3)
Plans and milestones.--The Secretary shall require the appropriate
public
entity to develop and submit to the Secretary a plan for compliance
with this
subsection--
(A)
that reflects consultation with individuals with disabilities affected
by such
plan and the results of a public hearing and public comments on such
plan, and
(B)
that establishes milestones for achievement of the requirements of this
subsection.
(a)
Public Transportation Programs and Activities in Existing Facilities.--
(1)
In
general.--With respect to existing facilities used in the provision of
designated public transportation services, it shall be considered
discrimination,
for purposes of section 202 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 a
designated public transportation program or activity conducted in such
facilities so that, when viewed in the entirety, the program or
activity is
readily accessible to and usable by individuals with disabilities.
(2)
Exception.—Paragraph (1) shall not require a public entity to make
structural
changes to existing facilities in order to make such facilities
accessible to
individuals who use wheelchairs, unless and to the extent required by
section
227(a) (relating to alterations) or section 227(b) (relating to key
stations).
(3)
Utilization.—Paragraph (1) shall not require a public entity to which
paragraph
(2) applies, to provide to individuals who use wheelchairs services
made
available to the general public at such facilities when such
individuals could
not utilize or benefit from such services provided at such facilities.
(b)
One
Car Per Train Rule.--
(1)
General rule.--Subject to paragraph (2), with respect to 2 or more
vehicles
operated as a train by a light or rapid rail system, for purposes of
section
202 of this Act 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 1 vehicle per train that is accessible to individuals with
disabilities, including individuals who use wheelchairs, as soon as
practicable
but in no event later than the last day of the 5-year period beginning
on the
effective date of this section.
(2)
Historic trains.--In order to comply with paragraph (1) with respect to
the
remanufacture of a vehicle of historic character which is to be used on
a
segment of a light or rapid rail system which is included on the
National
Register of Historic Places, if making such vehicle readily accessible
to and
usable by individuals with disabilities would significantly alter the
historic
character of such vehicle, the public entity which operates such system
only
has to make (or to purchase or lease a remanufactured vehicle with)
those
modifications which are necessary to meet the requirements of section
222(c)(1)
and which do not significantly alter the historic character of such
vehicle.
(a)
In
General.--Not later than 1 year after the date of enactment of
this Act, the
Secretary of Transportation shall issue regulations, in an accessible
format,
necessary for carrying out this part (other than section 223).
(b)
Standards.--The regulations issued under this section and
section 223 shall
include standards applicable to facilities and vehicles covered by this
subtitle. The standards shall be consistent with the minimum guidelines
and
requirements issued by the Architectural and Transportation Barriers
Compliance
Board in accordance with section 504 of this Act.
If final regulations have not
been
issued pursuant to section 229, for new construction or alterations for
which a
valid and appropriate State or local building permit is obtained prior
to the
issuance of final regulations under such section, and for which the
construction or alteration authorized by such permit begins within one
year of
the receipt of such permit and is completed under the terms of such
permit,
compliance with the Uniform Federal Accessibility Standards in effect
at the
time the building permit is issued shall suffice to satisfy the
requirement
that facilities be readily accessible to and usable by persons with
disabilities
as required under sections 226 and 227, except that, if such final
regulations
have not been issued one year after the Architectural and
Transportation
Barriers Compliance Board has issued the supplemental minimum
guidelines
required under section 504(a) of this Act, compliance with such
supplemental
minimum guidelines shall be necessary to satisfy the requirement that
facilities be readily accessible to and usable by persons with
disabilities
prior to issuance of the final regulations.
(a)
General Rule.--Except as provided in subsection (b), this part
shall become
effective 18 months after the date of enactment of this Act.
(b)
Exception.--Sections 222, 223 (other than subsection (a)), 224,
225, 227(b),
228(b), and 229 shall become effective on the date of enactment of this
Act.
As used in this part:
(1)
Commuter authority.--The term "commuter authority" has the meaning
given such term in section 103(8) of the Rail Passenger Service Act (45
U.S.C.
502(8)).
(2)
Commuter rail transportation.--The term "commuter rail
transportation" has the meaning given the term "commuter
service" in section 103(9) of the Rail Passenger Service Act (45 U.S.C.
502(9)).
(3)
Intercity rail transportation.--The term "intercity rail
transportation" means transportation provided by the National Railroad
Passenger Corporation.
(4)
Rail passenger car.--The term "rail passenger car" means, with
respect to intercity rail transportation, single-level and bi-level
coach cars,
single-level and bi-level dining cars, single-level and bi-level
sleeping cars,
single-level and bi-level lounge cars, and food service cars.
(5)
Responsible person.--The term "responsible person" means--
(A)
in
the case of a station more than 50 percent of which is owned by a
public
entity, such public entity;
(B)
in
the case of a station more than 50 percent of which is owned by a
private
party, the persons providing intercity or commuter rail transportation
to such
station, as allocated on an equitable basis by regulation by the
Secretary of
Transportation; and
(C)
in
a case where no party owns more than 50 percent of a station, the
persons
providing intercity or commuter rail transportation to such station and
the
owners of the station, other than private party owners, as allocated on
an
equitable basis by regulation by the Secretary of Transportation.
(6)
Station.--The term "station" means the portion of a property located
appurtenant to a right-of-way on which intercity or commuter rail
transportation is operated, where such portion is used by the general
public
and is related to the provision of such transportation, including
passenger
platforms, designated waiting areas, ticketing areas, restrooms, and,
where a
public entity providing rail transportation owns the property,
concession
areas, to the extent that such public entity exercises control over the
selection, design, construction, or alteration of the property, but
such term
does not include flag stops.
(a)
Intercity Rail Transportation.--
(1)
One
car per train rule.--It shall be considered discrimination for purposes
of
section 202 of this Act and section 504 of the Rehabilitation Act of
1973 (29
U.S.C. 794) for a person who provides intercity rail transportation to
fail to
have at least one passenger car per train that is readily accessible to
and
usable by individuals with disabilities, including individuals who use
wheelchairs, in accordance with regulations issued under section 244,
as soon
as practicable, but in no event later than 5 years after the date of
enactment
of this Act.
(2)
New
intercity cars.--
(A)
General rule.--Except as otherwise provided in this subsection with
respect to
individuals who use wheelchairs, it shall be considered discrimination
for
purposes of section 202 of this Act and section 504 of the
Rehabilitation Act
of 1973 (29 U.S.C. 794) for a person to purchase or lease any new rail
passenger cars for use in intercity rail transportation, and for which
a
solicitation is made later than 30 days after the effective date of
this
section, unless all such rail cars are readily accessible to and usable
by
individuals with disabilities, including individuals who use
wheelchairs, as
prescribed by the Secretary of Transportation in regulations issued
under
section 244.
(B)
Special rule for single-level passenger coaches for individuals who use
wheelchairs.--Single-level passenger coaches shall be required to--
(i)
be
able to be entered by an individual who uses a wheelchair;
(ii)
have space to park and secure a wheelchair;
(iii)
have a seat to which a passenger in a wheelchair can transfer, and a
space to
fold and store such passenger's wheelchair; and
(iv)
have a restroom usable by an individual who uses a wheelchair, only to
the
extent provided in paragraph (3).
(C)
Special rule for single-level dining cars for individuals who use
wheelchairs.--Single-level dining cars shall not be required to--
(i)
be
able to be entered from the station platform by an individual who uses
a
wheelchair; or
(ii)
have a restroom usable by an individual who uses a wheelchair if no
restroom is
provided in such car for any passenger.
(D)
Special rule for bi-level dining cars for individuals who use
wheelchairs.--Bi-level dining cars shall not be required to--
(i)
be
able to be entered by an individual who uses a wheelchair;
(ii)
have space to park and secure a wheelchair;
(iii)
have a seat to which a passenger in a wheelchair can transfer, or a
space to
fold and store such passenger's wheelchair; or
(iv)
have a restroom usable by an individual who uses a wheelchair.
(3)
Accessibility of single-level coaches.--
(A)
General rule.--It shall be considered discrimination for purposes of
section
202 of this Act and section 504 of the Rehabilitation Act of 1973 (29
U.S.C.
794) for a person who provides intercity rail transportation to fail to
have on
each train which includes one or more single-level rail passenger
coaches--
(i)
a
number of spaces--
(I)
to
park and secure wheelchairs (to
accommodate individuals who wish to remain in their wheelchairs) equal
to not
less than one-half of the number of single-level rail passenger coaches
in such
train; and
(II)
to
fold and store wheelchairs (to
accommodate individuals who wish to transfer to coach seats) equal to
not less
than one-half of the number of single-level rail passenger coaches in
such
train, as soon as practicable, but in no event later than 5 years after
the
date of enactment of this Act; and
(ii)
a
number of spaces--
(I)
to
park and secure wheelchairs (to
accommodate individuals who wish to remain in their wheelchairs) equal
to not
less than the total number of single-level rail passenger coaches in
such
train; and
(II)
to
fold and store wheelchairs (to
accommodate individuals who wish to transfer to coach seats) equal to
not less
than the total number of single-level rail passenger coaches in such
train, as
soon as practicable, but in no event later than 10 years after the date
of
enactment of this Act.
(B)
Location.--Spaces required by subparagraph (A) shall be located in
single-level
rail passenger coaches or food service cars.
(C)
Limitation.--Of the number of spaces required on a train by
subparagraph (A),
not more than two spaces to park and secure wheelchairs nor more than
two
spaces to fold and store wheelchairs shall be located in any one coach
or food
service car.
(D)
Other accessibility features.--Single-level rail passenger coaches and
food
service cars on which the spaces required by subparagraph (A) are
located shall
have a restroom usable by an individual who uses a wheelchair and shall
be able
to be entered from the station platform by an individual who uses a
wheelchair.
(4)
Food service.--
(A)
Single-level dining cars.--On any train in which a single-level dining
car is
used to provide food service--
(i)
if
such single-level dining car was purchased after the date of enactment
of this
Act, table service in such car shall be provided to a passenger who
uses a
wheelchair if--
(I)
the
car adjacent to the end of the dining car through which a wheelchair
may enter
is itself accessible to a wheelchair;
(II)
such passenger can exit to the platform from the car such passenger
occupies,
move down the platform, and enter the adjacent accessible car described
in
subclause (I) without the necessity of the train being moved within the
station; and
(III)
space to park and secure a wheelchair is available in the dining car at
the
time such passenger wishes to eat (if such passenger wishes to remain
in a
wheelchair), or space to store and fold a wheelchair is available in
the dining
car at the time such passenger wishes to eat (if such passenger wishes
to
transfer to a dining car seat); and
(ii)
appropriate auxiliary aids and services, including a hard surface on
which to
eat, shall be provided to ensure that other equivalent food service is
available to individuals with disabilities, including individuals who
use
wheelchairs, and to passengers traveling with such individuals. Unless
not
practicable, a person providing intercity rail transportation shall
place an
accessible car adjacent to the end of a dining car described in clause
(i)
through which an individual who uses a wheelchair may enter.
(B)
Bi-level dining cars.--On any train in which a bi-level dining car is
used to
provide food service--
(i)
if
such train includes a bi-level lounge car purchased after the date of
enactment
of this Act, table service in such lounge car shall be provided to
individuals
who use wheelchairs and to other passengers; and
(ii)
appropriate auxiliary aids and services, including a hard surface on
which to
eat, shall be provided to ensure that other equivalent food service is
available to individuals with disabilities, including individuals who
use
wheelchairs, and to passengers traveling with such individuals.
(b)
Commuter
Rail Transportation.--
(1)
One
car per train rule.--It shall be considered discrimination for purposes
of
section 202 of this Act and section 504 of the Rehabilitation Act of
1973 (29
U.S.C. 794) for a person who provides commuter rail transportation to
fail to
have at least one passenger car per train that is readily accessible to
and
usable by individuals with disabilities, including individuals who use
wheelchairs, in accordance with regulations issued under section 244,
as soon
as practicable, but in no event later than 5 years after the date of
enactment
of this Act.
(2)
New
commuter rail cars.--
(A)
General rule.--It shall be considered discrimination for purposes of
section
202 of this Act and section 504 of the Rehabilitation Act of 1973 (29
U.S.C.
794) for a person to purchase or lease any new rail passenger cars for
use in
commuter rail transportation, and for which a solicitation is made
later than
30 days after the effective date of this section, unless all such rail
cars are
readily accessible to and usable by individuals with disabilities,
including
individuals who use wheelchairs, as prescribed by the Secretary of
Transportation in regulations issued under section 244.
(B)
Accessibility.--For purposes of section 202 of this Act and section 504
of the
Rehabilitation Act of 1973 (29 U.S.C. 794), a requirement that a rail
passenger
car used in commuter rail transportation be accessible to or readily
accessible
to and usable by individuals with disabilities, including individuals
who use wheelchairs,
shall not be construed to require--
(i)
a
restroom usable by an individual who uses a wheelchair if no restroom
is
provided in such car for any passenger;
(ii)
space to fold and store a wheelchair; or
(iii)
a
seat to which a passenger who uses a wheelchair can transfer.
(c)
Used Rail Cars.--It shall be considered discrimination for
purposes of section
202 of this Act and section 504 of the Rehabilitation Act of 1973 (29
U.S.C.
794) for a person to purchase or lease a used rail passenger car for
use in
intercity or commuter rail transportation, unless such person makes
demonstrated good faith efforts to purchase or lease a used rail car
that is
readily accessible to and usable by individuals with disabilities,
including
individuals who use wheelchairs, as prescribed by the Secretary of
Transportation in regulations issued under section 244.
(d)
Remanufactured Rail Cars.--
(1)
Remanufacturing.--It shall be considered discrimination for purposes of
section
202 of this Act and section 504 of the Rehabilitation Act of 1973 (29
U.S.C.
794) for a person to remanufacture a rail passenger car for use in
intercity or
commuter rail transportation so as to extend its usable life for 10
years or
more, unless the rail car, to the maximum extent feasible, is made
readily
accessible to and usable by individuals with disabilities, including
individuals who use wheelchairs, as prescribed by the Secretary of
Transportation in regulations issued under section 244.
(2)
Purchase or lease.--It shall be considered discrimination for purposes
of
section 202 of this Act and section 504 of the Rehabilitation Act of
1973 (29
U.S.C. 794) for a person to purchase or lease a remanufactured rail
passenger
car for use in intercity or commuter rail transportation unless such
car was remanufactured
in accordance with paragraph (1).
(e)
Stations.--
(1)
New
stations.--It shall be considered discrimination for purposes of
section 202 of
this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
794) for
a person to build a new station for use in intercity or commuter rail
transportation that is not readily accessible to and usable by
individuals with
disabilities, including individuals who use wheelchairs, as prescribed
by the
Secretary of Transportation in regulations issued under section 244.
(2)
Existing stations.--
(A)
Failure to make readily accessible.--
(i)
General rule.--It shall be considered discrimination for purposes of
section
202 of this Act and section 504 of the Rehabilitation Act of 1973 (29
U.S.C.
794) for a responsible person to fail to make existing stations in the
intercity rail transportation system, and existing key stations in
commuter
rail transportation systems, readily accessible to and usable by
individuals
with disabilities, including individuals who use wheelchairs, as
prescribed by
the Secretary of Transportation in regulations issued under section 244.
(ii)
Period for compliance.--
(I)
Intercity rail.--All stations in the intercity rail transportation
system 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 20 years after the date of enactment of this Act.
(II)
Commuter rail.--Key stations in commuter rail transportation 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 after the date of enactment of this Act in a case where the
raising of
the entire passenger platform is the only means available of attaining
accessibility or where other extraordinarily expensive structural
changes are
necessary to attain accessibility.
(iii)
Designation of key stations.--Each commuter authority shall designate
the key
stations in its commuter rail transportation system, in consultation
with
individuals with disabilities and organizations representing such
individuals,
taking into consideration such factors as high ridership and whether
such
station serves as a transfer or feeder station. Before the final
designation of
key stations under this clause, a commuter authority shall hold a
public
hearing.
(iv)
Plans and milestones.--The Secretary of Transportation shall require
the
appropriate person to develop a plan for carrying out this subparagraph
that
reflects consultation with individuals with disabilities affected by
such plan
and that establishes milestones for achievement of the requirements of
this
subparagraph.
(B)
Requirement when making alterations.--
(i)
General rule.--It shall be considered discrimination, for purposes of
section
202 of this Act and section 504 of the Rehabilitation Act of 1973 (29
U.S.C.
794), with respect to alterations of an existing station or part
thereof in the
intercity or commuter rail transportation systems that affect or could
affect
the usability of the station or part thereof, for the responsible
person,
owner, or person in control of the station to fail to make the
alterations in
such a manner that, to the maximum extent feasible, the altered
portions of the
station are readily accessible to and usable by individuals with
disabilities,
including individuals who use wheelchairs, upon completion of such
alterations.
(ii)
Alterations to a primary function area.--It shall be considered
discrimination,
for purposes of section 202 of this Act and section 504 of the
Rehabilitation
Act of 1973 (29 U.S.C. 794), with respect to alterations that affect or
could
affect the usability of or access to an area of the station containing
a
primary function, for the responsible person, owner, or person in
control of
the station to fail to make the alterations in such a manner that, to
the
maximum extent feasible, the path of travel to the altered area, and
the
bathrooms, telephones, and drinking fountains serving the altered area,
are
readily accessible to and usable by individuals with disabilities,
including
individuals who use wheelchairs, upon completion of such alterations,
where
such alterations to the path of travel or the bathrooms, telephones,
and
drinking fountains serving the altered area are not disproportionate to
the
overall alterations in terms of cost and scope (as determined under
criteria
established by the Attorney General).
(C)
Required cooperation.--It shall be considered discrimination for
purposes of
section 202 of this Act and section 504 of the Rehabilitation Act of
1973 (29
U.S.C. 794) for an owner, or person in control, of a station governed
by
subparagraph (A) or
(B)
to
fail to provide reasonable cooperation to a responsible person with
respect to
such station in that responsible person's efforts to comply with such
subparagraph. An owner, or person in control, of a station shall be
liable to a
responsible person for any failure to provide reasonable cooperation as
required by this subparagraph. Failure to receive reasonable
cooperation
required by this subparagraph shall not be a defense to a claim of
discrimination under this Act.
Accessibility standards included
in regulations issued under this part shall be consistent with the
minimum
guidelines issued by the Architectural and Transportation Barriers
Compliance
Board under section 504(a) of this Act.
Not later than 1 year after the
date of enactment of this
Act, the Secretary of Transportation shall issue regulations, in an
accessible
format, necessary for carrying out this part.
(a)
Stations.--If final regulations have not been issued pursuant to
section 244,
for new construction or alterations for which a valid and appropriate
State or
local building permit is obtained prior to the issuance of final
regulations
under such section, and for which the construction or alteration
authorized by
such permit begins within one year of the receipt of such permit and is
completed under the terms of such permit, compliance with the Uniform
Federal
Accessibility Standards in effect at the time the building permit is
issued
shall suffice to satisfy the requirement that stations be readily
accessible to
and usable by persons with disabilities as required under section
242(e),
except that, if such final regulations have not been issued one year
after the
Architectural and Transportation Barriers Compliance Board has issued
the
supplemental minimum guidelines required under section 504(a) of this
Act,
compliance with such supplemental minimum guidelines shall be necessary
to
satisfy the requirement that stations be readily accessible to and
usable by
persons with disabilities prior to issuance of the final regulations.
(b)
Rail Passenger Cars.--If final regulations have not been issued
pursuant to
section 244, a person shall be considered to have complied with the
requirements of section 242 (a) through (d) that a rail passenger car
be
readily accessible to and usable by individuals with disabilities, if
the
design for such car complies with the laws and regulations (including
the
Minimum Guidelines and Requirements for Accessible Design and such
supplemental
minimum guidelines as are issued under section 504(a) of this Act)
governing
accessibility of such cars, to the extent that such laws and
regulations are
not inconsistent with this part and are in effect at the time such
design is
substantially completed.
(a)
General Rule.--Except as provided in subsection (b), this part
shall become
effective 18 months after the date of enactment of this Act.
(b)
Exception.--Sections 242 and 244 shall become effective on the
date of
enactment of this Act.