S.933
--S.933--
One Hundred First Congress of the United States of
America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the twenty-third day of
January,
one thousand nine hundred and ninety
An Act
To establish a clear and comprehensive prohibition of discrimination
on the basis of
disability.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Americans with Disabilities
Act of 1990'.
(b) TABLE OF CONTENTS- The table of contents is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
TITLE I--EMPLOYMENT
Sec. 102. Discrimination.
Sec. 104. Illegal use of drugs and alcohol.
Sec. 105. Posting notices.
Sec. 108. Effective date.
TITLE II--PUBLIC SERVICES
Subtitle A--Prohibition Against Discrimination and Other Generally
Applicable Provisions
Sec. 202. Discrimination.
Sec. 205. Effective date.
Subtitle B--Actions Applicable to Public Transportation Provided by Public
Entities Considered Discriminatory
Part I--Public Transportation Other Than by Aircraft or Certain Rail
Operations
Sec. 222. Public entities operating fixed route systems.
Sec. 223. Paratransit as a complement to fixed route service.
Sec. 224. Public entity operating a demand responsive system.
Sec. 225. Temporary relief where lifts are unavailable.
Sec. 226. New facilities.
Sec. 227. Alterations of existing facilities.
Sec. 228. Public transportation programs and activities in existing
facilities and one car per train rule.
Sec. 230. Interim accessibility requirements.
Sec. 231. Effective date.
Part II--Public Transportation by Intercity and Commuter Rail
Sec. 242. Intercity and commuter rail actions considered
discriminatory.
Sec. 243. Conformance of accessibility standards.
Sec. 245. Interim accessibility requirements.
Sec. 246. Effective date.
TITLE III--PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE
ENTITIES
Sec. 302. Prohibition of discrimination by public accommodations.
Sec. 303. New construction and alterations in public accommodations and
commercial facilities.
Sec. 304. Prohibition of discrimination in specified public
transportation services provided by private entities.
Sec. 307. Exemptions for private clubs and religious
organizations.
Sec. 309. Examinations and courses.
Sec. 310. Effective date.
TITLE IV--TELECOMMUNICATIONS
Sec. 401. Telecommunications relay services for hearing-impaired and
speech-impaired individuals.
Sec. 402. Closed-captioning of public service announcements.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 502. State immunity.
Sec. 503. Prohibition against retaliation and coercion.
Sec. 504. Regulations by the Architectural and Transportation Barriers
Compliance Board.
Sec. 505. Attorney's fees.
Sec. 506. Technical assistance.
Sec. 507. Federal wilderness areas.
Sec. 509. Coverage of Congress and the agencies of the legislative
branch.
Sec. 510. Illegal use of drugs.
Sec. 512. Amendments to the Rehabilitation Act.
Sec. 513. Alternative means of dispute resolution.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS- The Congress finds that--
(1) some 43,000,000 Americans have one or more physical or mental
disabilities, and this number is increasing as the population as a whole is
growing older;
(2) historically, society has tended to isolate and segregate
individuals with disabilities, and, despite some improvements, such forms of
discrimination against individuals with disabilities continue to be a
serious and pervasive social problem;
(3) discrimination against individuals with disabilities persists in
such critical areas as employment, housing, public accommodations,
education, transportation, communication, recreation, institutionalization,
health services, voting, and access to public services;
(4) unlike individuals who have experienced discrimination on the basis
of race, color, sex, national origin, religion, or age, individuals who have
experienced discrimination on the basis of disability have often had no
legal recourse to redress such discrimination;
(5) individuals with disabilities continually encounter various forms of
discrimination, including outright intentional exclusion, the discriminatory
effects of architectural, transportation, and communication barriers,
overprotective rules and policies, failure to make modifications to existing
facilities and practices, exclusionary qualification standards and criteria,
segregation, and relegation to lesser services, programs, activities,
benefits, jobs, or other opportunities;
(6) census data, national polls, and other studies have documented that
people with disabilities, as a group, occupy an inferior status in our
society, and are severely disadvantaged socially, vocationally,
economically, and educationally;
(7) individuals with disabilities are a discrete and insular minority
who have been faced with restrictions and limitations, subjected to a
history of purposeful unequal treatment, and relegated to a position of
political powerlessness in our society, based on characteristics that are
beyond the control of such individuals and resulting from stereotypic
assumptions not truly indicative of the individual ability of such
individuals to participate in, and contribute to, society;
(8) the Nation's proper goals regarding individuals with disabilities
are to assure equality of opportunity, full participation, independent
living, and economic self-sufficiency for such individuals; and
(9) the continuing existence of unfair and unnecessary discrimination
and prejudice denies people with disabilities the opportunity to compete on
an equal basis and to pursue those opportunities for which our free society
is justifiably famous, and costs the United States billions of dollars in
unnecessary expenses resulting from dependency and nonproductivity.
(b) PURPOSE- It is the purpose of this Act--
(1) to provide a clear and comprehensive national mandate for the
elimination of discrimination against individuals with disabilities;
(2) to provide clear, strong, consistent, enforceable standards
addressing discrimination against individuals with disabilities;
(3) to ensure that the Federal Government plays a central role in
enforcing the standards established in this Act on behalf of individuals
with disabilities; and
(4) to invoke the sweep of congressional authority, including the power
to enforce the fourteenth amendment and to regulate commerce, in order to
address the major areas of discrimination faced day-to-day by people with
disabilities.
SEC. 3. DEFINITIONS.
(1) AUXILIARY AIDS AND SERVICES- The term `auxiliary aids and services'
includes--
(A) qualified interpreters or other effective methods of making
aurally delivered materials available to individuals with hearing
impairments;
(B) qualified readers, taped texts, or other effective methods of
making visually delivered materials available to individuals with visual
impairments;
(C) acquisition or modification of equipment or devices; and
(D) other similar services and actions.
(2) DISABILITY- The term `disability' means, with respect to an
individual--
(A) a physical or mental impairment that substantially limits one or
more of the major life activities of such individual;
(B) a record of such an impairment; or
(C) being regarded as having such an impairment.
(3) STATE- The term `State' means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa,
the Virgin Islands, the Trust Territory of the Pacific Islands, and the
Commonwealth of the Northern Mariana Islands.
TITLE I--EMPLOYMENT
SEC. 101. DEFINITIONS.
(1) COMMISSION- The term `Commission' means the Equal Employment
Opportunity Commission established by section 705 of the Civil Rights Act of
1964 (42 U.S.C. 2000e-4).
(2) COVERED ENTITY- The term `covered entity' means an employer,
employment agency, labor organization, or joint labor-management
committee.
(3) DIRECT THREAT- The term `direct threat' means a significant risk to
the health or safety of others that cannot be eliminated by reasonable
accommodation.
(4) EMPLOYEE- The term `employee' means an individual employed by an
employer.
(A) IN GENERAL- The term `employer' means a person engaged in an
industry affecting commerce who has 15 or more employees for each working
day in each of 20 or more calendar weeks in the current or preceding
calendar year, and any agent of such person, except that, for two years
following the effective date of this title, an employer means a person
engaged in an industry affecting commerce who has 25 or more employees for
each working day in each of 20 or more calendar weeks in the current or
preceding year, and any agent of such person.
(B) EXCEPTIONS- The term `employer' does not include--
(i) the United States, a corporation wholly owned by the government
of the United States, or an Indian tribe; or
(ii) a bona fide private membership club (other than a labor
organization) that is exempt from taxation under section 501(c) of the
Internal Revenue Code of 1986.
(6) ILLEGAL USE OF DRUGS-
(A) IN GENERAL- The term `illegal use of drugs' means the use of
drugs, the possession or distribution of which is unlawful under the
Controlled Substances Act (21 U.S.C. 812). Such term does not include the
use of a drug taken under supervision by a licensed health care
professional, or other uses authorized by the Controlled Substances Act or
other provisions of Federal law.
(B) DRUGS- The term `drug' means a controlled substance, as defined in
schedules I through V of section 202 of the Controlled Substances
Act.
(7) PERSON, ETC- The terms `person', `labor organization', `employment
agency', `commerce', and `industry affecting commerce', shall have the same
meaning given such terms in section 701 of the Civil Rights Act of 1964 (42
U.S.C. 2000e).
(8) QUALIFIED INDIVIDUAL WITH A DISABILITY- The term `qualified
individual with a disability' means an individual with a disability who,
with or without reasonable accommodation, can perform the essential
functions of the employment position that such individual holds or desires.
For the purposes of this title, consideration shall be given to the
employer's judgment as to what functions of a job are essential, and if an
employer has prepared a written description before advertising or
interviewing applicants for the job, this description shall be considered
evidence of the essential functions of the job.
(9) REASONABLE ACCOMMODATION- The term `reasonable accommodation' may
include--
(A) making existing facilities used by employees readily accessible to
and usable by individuals with disabilities; and
(B) job restructuring, part-time or modified work schedules,
reassignment to a vacant position, acquisition or modification of
equipment or devices, appropriate adjustment or modifications of
examinations, training materials or policies, the provision of qualified
readers or interpreters, and other similar accommodations for individuals
with disabilities.
(A) IN GENERAL- The term `undue hardship' means an action requiring
significant difficulty or expense, when considered in light of the factors
set forth in subparagraph (B).
(B) FACTORS TO BE CONSIDERED- In determining whether an accommodation
would impose an undue hardship on a covered entity, factors to be
considered include--
(i) the nature and cost of the accommodation needed under this
Act;
(ii) the overall financial resources of the facility or facilities
involved in the provision of the reasonable accommodation; the number of
persons employed at such facility; the effect on expenses and resources,
or the impact otherwise of such accommodation upon the operation of the
facility;
(iii) the overall financial resources of the covered entity; the
overall size of the business of a covered entity with respect to the
number of its employees; the number, type, and location of its
facilities; and
(iv) the type of operation or operations of the covered entity,
including the composition, structure, and functions of the workforce of
such entity; the geographic separateness, administrative, or fiscal
relationship of the facility or facilities in question to the covered
entity.
SEC. 102. DISCRIMINATION.
(a) GENERAL RULE- No covered entity shall discriminate against a qualified
individual with a disability because of the disability of such individual in
regard to job application procedures, the hiring, advancement, or discharge of
employees, employee compen- sation, job training, and other terms, conditions,
and privileges of employment.
(b) CONSTRUCTION- As used in subsection (a), the term `discriminate'
includes--
(1) limiting, segregating, or classifying a job applicant or employee in
a way that adversely affects the opportunities or status of such applicant
or employee because of the disability of such applicant or employee;
(2) participating in a contractual or other arrangement or relationship
that has the effect of subjecting a covered entity's qualified applicant or
employee with a disability to the discrimination prohibited by this title
(such relationship includes a relationship with an employment or referral
agency, labor union, an organization providing fringe benefits to an
employee of the covered entity, or an organization providing training and
apprenticeship programs);
(3) utilizing standards, criteria, or methods of administration--
(A) that have the effect of discrimination on the basis of disability;
or
(B) that perpetuate the discrimination of others who are subject to
common administrative control;
(4) excluding or otherwise denying equal jobs or benefits to a qualified
individual because of the known disability of an individual with whom the
qualified individual is known to have a relationship or association;
(5)(A) not making reasonable accommodations to the known physical or
mental limitations of an otherwise qualified individual with a disability
who is an applicant or employee, unless such covered entity can demonstrate
that the accommodation would impose an undue hardship on the operation of
the business of such covered entity; or
(B) denying employment opportunities to a job applicant or employee who
is an otherwise qualified individual with a disability, if such denial is
based on the need of such covered entity to make reasonable accommodation to
the physical or mental impairments of the employee or applicant;
(6) using qualification standards, employment tests or other selection
criteria that screen out or tend to screen out an individual with a
disability or a class of individuals with disabilities unless the standard,
test or other selection criteria, as used by the covered entity, is shown to
be job-related for the position in question and is consistent with business
necessity; and
(7) failing to select and administer tests concerning employment in the
most effective manner to ensure that, when such test is administered to a
job applicant or employee who has a disability that impairs sensory, manual,
or speaking skills, such test results accurately reflect the skills,
aptitude, or whatever other factor of such applicant or employee that such
test purports to measure, rather than reflecting the impaired sensory,
manual, or speaking skills of such employee or applicant (except where such
skills are the factors that the test purports to measure).
(c) MEDICAL EXAMINATIONS AND INQUIRIES-
(1) IN GENERAL- The prohibition against discrimination as referred to in
subsection (a) shall include medical examinations and inquiries.
(A) PROHIBITED EXAMINATION OR INQUIRY- Except as provided in paragraph
(3), a covered entity shall not conduct a medical examination or make
inquiries of a job applicant as to whether such applicant is an individual
with a disability or as to the nature or severity of such
disability.
(B) ACCEPTABLE INQUIRY- A covered entity may make preemployment
inquiries into the ability of an applicant to perform job-related
functions.
(3) EMPLOYMENT ENTRANCE EXAMINATION- A covered entity may require a
medical examination after an offer of employment has been made to a job
applicant and prior to the commencement of the employment duties of such
applicant, and may condition an offer of employment on the results of such
examination, if--
(A) all entering employees are subjected to such an examination
regardless of disability;
(B) information obtained regarding the medical condition or history of
the applicant is collected and maintained on separate forms and in
separate medical files and is treated as a confidential medical record,
except that--
(i) supervisors and managers may be informed regarding necessary
restrictions on the work or duties of the employee and necessary
accommodations;
(ii) first aid and safety personnel may be informed, when
appropriate, if the disability might require emergency treatment;
and
(iii) government officials investigating compliance with this Act
shall be provided relevant information on request; and
(C) the results of such examination are used only in accordance with
this title.
(4) EXAMINATION AND INQUIRY-
(A) PROHIBITED EXAMINATIONS AND INQUIRIES- A covered entity shall not
require a medical examination and shall not make inquiries of an employee
as to whether such employee is an individual with a disability or as to
the nature or severity of the disability, unless such examination or
inquiry is shown to be job-related and consistent with business
necessity.
(B) ACCEPTABLE EXAMINATIONS AND INQUIRIES- A covered entity may
conduct voluntary medical examinations, including voluntary medical
histories, which are part of an employee health program available to
employees at that work site. A covered entity may make inquiries into the
ability of an employee to perform job-related functions.
(C) REQUIREMENT- Information obtained under subparagraph (B) regarding
the medical condition or history of any employee are subject to the
requirements of subparagraphs (B) and (C) of paragraph (3).
SEC. 103. DEFENSES.
(a) IN GENERAL- It may be a defense to a charge of discrimination under
this Act that an alleged application of qualification standards, tests, or
selection criteria that screen out or tend to screen out or otherwise deny a
job or benefit to an individual with a disability has been shown to be
job-related and consistent with business necessity, and such performance
cannot be accomplished by reasonable accommodation, as required under this
title.
(b) QUALIFICATION STANDARDS- The term `qualification standards' may
include a requirement that an individual shall not pose a direct threat to the
health or safety of other individuals in the workplace.
(1) IN GENERAL- This title shall not prohibit a religious corporation,
association, educational institution, or society from giving preference in
employment to individuals of a particular religion to perform work connected
with the carrying on by such corporation, association, educational
institution, or society of its activities.
(2) RELIGIOUS TENETS REQUIREMENT- Under this title, a religious
organization may require that all applicants and employees conform to the
religious tenets of such organization.
(d) List of Infectious and Communicable Diseases-
(1) IN GENERAL- The Secretary of Health and Human Services, not later
than 6 months after the date of enactment of this Act, shall--
(A) review all infectious and communicable diseases which may be
transmitted through handling the food supply;
(B) publish a list of infectious and communicable diseases which are
transmitted through handling the food supply;
(C) publish the methods by which such diseases are transmitted;
and
(D) widely disseminate such information regarding the list of diseases
and their modes of transmissability to the general public.
Such list shall be updated annually.
(2) APPLICATIONS- In any case in which an individual has an infectious
or communicable disease that is transmitted to others through the handling
of food, that is included on the list developed by the Secretary of Health
and Human Services under paragraph (1), and which cannot be eliminated by
reasonable accommodation, a covered entity may refuse to assign or continue
to assign such individual to a job involving food handling.
(3) CONSTRUCTION- Nothing in this Act shall be construed to preempt,
modify, or amend any State, county, or local law, ordinance, or regulation
applicable to food handling which is designed to protect the public health
from individuals who pose a significant risk to the health or safety of
others, which cannot be eliminated by reasonable accommodation, pursuant to
the list of infectious or communicable diseases and the modes of
transmissability published by the Secretary of Health and Human
Services.
SEC. 104. ILLEGAL USE OF DRUGS AND ALCOHOL.
(a) QUALIFIED INDIVIDUAL WITH A DISABILITY- For purposes of this title,
the term `qualified individual with a disability' shall not include any
employee or applicant who is currently engaging in the illegal use of drugs,
when the covered entity acts on the basis of such use.
(b) RULES OF CONSTRUCTION- Nothing in subsection (a) shall be construed to
exclude as a qualified individual with a disability an individual who--
(1) has successfully completed a supervised drug rehabilitation program
and is no longer engaging in the illegal use of drugs, or has otherwise been
rehabilitated successfully and is no longer engaging in such use;
(2) is participating in a supervised rehabilitation program and is no
longer engaging in such use; or
(3) is erroneously regarded as engaging in such use, but is not engaging
in such use;
except that it shall not be a violation of this Act for a covered entity
to adopt or administer reasonable policies or procedures, including but not
limited to drug testing, designed to ensure that an individual described in
paragraph (1) or (2) is no longer engaging in the illegal use of drugs.
(c) AUTHORITY OF COVERED ENTITY- A covered entity--
(1) may prohibit the illegal use of drugs and the use of alcohol at the
workplace by all employees;
(2) may require that employees shall not be under the influence of
alcohol or be engaging in the illegal use of drugs at the workplace;
(3) may require that employees behave in conformance with the
requirements established under the Drug-Free Workplace Act of 1988 (41
U.S.C. 701 et seq.);
(4) may hold an employee who engages in the illegal use of drugs or who
is an alcoholic to the same qualification standards for employment or job
performance and behavior that such entity holds other employees, even if any
unsatisfactory performance or behavior is related to the drug use or
alcoholism of such employee; and
(5) may, with respect to Federal regulations regarding alcohol and the
illegal use of drugs, require that--
(A) employees comply with the standards established in such
regulations of the Department of Defense, if the employees of the covered
entity are employed in an industry subject to such regulations, including
complying with regulations (if any) that apply to employment in sensitive
positions in such an industry, in the case of employees of the covered
entity who are employed in such positions (as defined in the regulations
of the Department of Defense);
(B) employees comply with the standards established in such
regulations of the Nuclear Regulatory Commission, if the employees of the
covered entity are employed in an industry subject to such regulations,
including complying with regulations (if any) that apply to employment in
sensitive positions in such an industry, in the case of employees of the
covered entity who are employed in such positions (as defined in the
regulations of the Nuclear Regulatory Commission); and
(C) employees comply with the standards established in such
regulations of the Department of Transportation, if the employees of the
covered entity are employed in a transportation industry subject to such
regulations, including complying with such regulations (if any) that apply
to employment in sensitive positions in such an industry, in the case of
employees of the covered entity who are employed in such positions (as
defined in the regulations of the Department of Transportation).
(1) IN GENERAL- For purposes of this title, a test to determine the
illegal use of drugs shall not be considered a medical examination.
(2) CONSTRUCTION- Nothing in this title shall be construed to encourage,
prohibit, or authorize the conducting of drug testing for the illegal use of
drugs by job applicants or employees or making employment decisions based on
such test results.
(e) TRANSPORTATION EMPLOYEES- Nothing in this title shall be construed to
encourage, prohibit, restrict, or authorize the otherwise lawful exercise by
entities subject to the jurisdiction of the Department of Transportation of
authority to--
(1) test employees of such entities in, and applicants for, positions
involving safety-sensitive duties for the illegal use of drugs and for
on-duty impairment by alcohol; and
(2) remove such persons who test positive for illegal use of drugs and
on-duty impairment by alcohol pursuant to paragraph (1) from
safety-sensitive duties in implementing subsection (c).
SEC. 105. POSTING NOTICES.
Every employer, employment agency, labor organization, or joint
labor-management committee covered under this title shall post notices in an
accessible format to applicants, employees, and members describing the
applicable provisions of this Act, in the manner prescribed by section 711 of
the Civil Rights Act of 1964 (42 U.S.C. 2000e-10).
SEC. 106. REGULATIONS.
Not later than 1 year after the date of enactment of this Act, the
Commission shall issue regulations in an accessible format to carry out this
title in accordance with subchapter II of chapter 5 of title 5, United States
Code.
SEC. 107. ENFORCEMENT.
(a) POWERS, REMEDIES, AND PROCEDURES- The powers, remedies, and procedures
set forth in sections 705, 706, 707, 709, and 710 of the Civil Rights Act of
1964 (42 U.S.C. 2000e-4, 2000e-5, 2000e-6, 2000e-8, and 2000e-9) shall be the
powers, remedies, and procedures this title provides to the Commission, to the
Attorney General, or to any person alleging discrimination on the basis of
disability in violation of any provision of this Act, or regulations
promulgated under section 106, concerning employment.
(b) COORDINATION- The agencies with enforcement authority for actions
which allege employment discrimination under this title and under the
Rehabilitation Act of 1973 shall develop procedures to ensure that
administrative complaints filed under this title and under the Rehabilitation
Act of 1973 are dealt with in a manner that avoids duplication of effort and
prevents imposition of inconsistent or conflicting standards for the same
requirements under this title and the Rehabilitation Act of 1973. The
Commission, the Attorney General, and the Office of Federal Contract
Compliance Programs shall establish such coordinating mechanisms (similar to
provisions contained in the joint regulations promulgated by the Commission
and the Attorney General at part 42 of title 28 and part 1691 of title 29,
Code of Federal Regulations, and the Memorandum of Understanding between the
Commission and the Office of Federal Contract Compliance Programs dated
January 16, 1981 (46 Fed. Reg. 7435, January 23, 1981)) in regulations
implementing this title and Rehabilitation Act of 1973 not later than 18
months after the date of enactment of this Act.
SEC. 108. EFFECTIVE DATE.
This title shall become effective 24 months after the date of
enactment.
TITLE II--PUBLIC SERVICES
Subtitle A--Prohibition Against Discrimination and Other Generally
Applicable Provisions
SEC. 201. DEFINITION.
(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.
SEC. 202. DISCRIMINATION.
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.
SEC. 203. ENFORCEMENT.
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.
SEC. 204. REGULATIONS.
(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.
SEC. 205. EFFECTIVE DATE.
(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.
Subtitle B--Actions Applicable to Public Transportation Provided by
Public Entities Considered Discriminatory
PART I--PUBLIC TRANSPORTATION OTHER THAN BY AIRCRAFT OR CERTAIN RAIL
OPERATIONS
SEC. 221. DEFINITIONS.
(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.
SEC. 222. PUBLIC ENTITIES OPERATING FIXED ROUTE SYSTEMS.
(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.
SEC. 223. PARATRANSIT AS A COMPLEMENT TO FIXED ROUTE SERVICE.
(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.
(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.
SEC. 224. PUBLIC ENTITY OPERATING A DEMAND RESPONSIVE SYSTEM.
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.
SEC. 225. TEMPORARY RELIEF WHERE LIFTS ARE UNAVAILABLE.
(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.
SEC. 226. NEW FACILITIES.
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.
SEC. 227. ALTERATIONS OF EXISTING FACILITIES.
(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.
SEC. 228. PUBLIC TRANSPORTATION PROGRAMS AND ACTIVITIES IN EXISTING
FACILITIES AND ONE CAR PER TRAIN RULE.
(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.
SEC. 229. REGULATIONS.
(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.
SEC. 230. INTERIM ACCESSIBILITY REQUIREMENTS.
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.
SEC. 231. EFFECTIVE DATE.
(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.
PART II--PUBLIC TRANSPORTATION BY INTERCITY AND COMMUTER RAIL
SEC. 241. DEFINITIONS.
(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.
SEC. 242. INTERCITY AND COMMUTER RAIL ACTIONS CONSIDERED
DISCRIMINATORY.
(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.
(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) 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.
(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).
(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.
(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.
SEC. 243. CONFORMANCE OF ACCESSIBILITY STANDARDS.
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.
SEC. 244. REGULATIONS.
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.
SEC. 245. INTERIM ACCESSIBILITY REQUIREMENTS.
(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.
SEC. 246. EFFECTIVE DATE.
(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.
TITLE III--PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE
ENTITIES
SEC. 301. DEFINITIONS.
(1) COMMERCE- The term `commerce' means travel, trade, traffic,
commerce, transportation, or communication--
(A) among the several States;
(B) between any foreign country or any territory or possession and any
State; or
(C) between points in the same State but through another State or
foreign country.
(2) COMMERCIAL FACILITIES- The term `commercial facilities' means
facilities--
(A) that are intended for nonresidential use; and
(B) whose operations will affect commerce.
Such term shall not include railroad locomotives, railroad freight cars,
railroad cabooses, railroad cars described in section 242 or covered under
this title, railroad rights-of-way, or facilities that are covered or
expressly exempted from coverage under the Fair Housing Act of 1968 (42
U.S.C. 3601 et seq.).
(3) DEMAND RESPONSIVE SYSTEM- The term `demand responsive system' means
any system of providing transportation of individuals by a vehicle, other
than a system which is a fixed route system.
(4) FIXED ROUTE SYSTEM- The term `fixed route system' means a system of
providing transportation of individuals (other than by aircraft) on which a
vehicle is operated along a prescribed route according to a fixed
schedule.
(5) OVER-THE-ROAD BUS- The term `over-the-road bus' means a bus
characterized by an elevated passenger deck located over a baggage
compartment.
(6) PRIVATE ENTITY- The term `private entity' means any entity other
than a public entity (as defined in section 201(1)).
(7) PUBLIC ACCOMMODATION- The following private entities are considered
public accommodations for purposes of this title, if the operations of such
entities affect commerce--
(A) an inn, hotel, motel, or other place of lodging, except for an
establishment located within a building that contains not more than five
rooms for rent or hire and that is actually occupied by the proprietor of
such establishment as the residence of such proprietor;
(B) a restaurant, bar, or other establishment serving food or
drink;
(C) a motion picture house, theater, concert hall, stadium, or other
place of exhibition or entertainment;
(D) an auditorium, convention center, lecture hall, or other place of
public gathering;
(E) a bakery, grocery store, clothing store, hardware store, shopping
center, or other sales or rental establishment;
(F) a laundromat, dry-cleaner, bank, barber shop, beauty shop, travel
service, shoe repair service, funeral parlor, gas station, office of an
accountant or lawyer, pharmacy, insurance office, professional office of a
health care provider, hospital, or other service establishment;
(G) a terminal, depot, or other station used for specified public
transportation;
(H) a museum, library, gallery, or other place of public display or
collection;
(I) a park, zoo, amusement park, or other place of
recreation;
(J) a nursery, elementary, secondary, undergraduate, or postgraduate
private school, or other place of education;
(K) a day care center, senior citizen center, homeless shelter, food
bank, adoption agency, or other social service center establishment;
and
(L) a gymnasium, health spa, bowling alley, golf course, or other
place of exercise or recreation.
(8) RAIL AND RAILROAD- The terms `rail' and `railroad' have the meaning
given the term `railroad' in section 202(e) of the Federal Railroad Safety
Act of 1970 (45 U.S.C. 431(e)).
(9) READILY ACHIEVABLE- The term `readily achievable' means easily
accomplishable and able to be carried out without much difficulty or
expense. In determining whether an action is readily achievable, factors to
be considered include--
(A) the nature and cost of the action needed under this Act;
(B) the overall financial resources of the facility or facilities
involved in the action; the number of persons employed at such facility;
the effect on expenses and resources, or the impact otherwise of such
action upon the operation of the facility;
(C) the overall financial resources of the covered entity; the overall
size of the business of a covered entity with respect to the number of its
employees; the number, type, and location of its facilities; and
(D) the type of operation or operations of the covered entity,
including the composition, structure, and functions of the workforce of
such entity; the geographic separateness, administrative or fiscal
relationship of the facility or facilities in question to the covered
entity.
(10) SPECIFIED PUBLIC TRANSPORTATION- The term `specified public
transportation' means transportation by bus, rail, or any other conveyance
(other than by aircraft) that provides the general public with general or
special service (including charter service) on a regular and continuing
basis.
(11) VEHICLE- The term `vehicle' does not include a rail passenger car,
railroad locomotive, railroad freight car, railroad caboose, or a railroad
car described in section 242 or covered under this title.
SEC. 302. PROHIBITION OF DISCRIMINATION BY PUBLIC
ACCOMMODATIONS.
(a) GENERAL RULE- No individual shall be discriminated against on the
basis of disability in the full and equal enjoyment of the goods, services,
facilities, privileges, advantages, or accommodations of any place of public
accommodation by any person who owns, leases (or leases to), or operates a
place of public accommodation.
(i) DENIAL OF PARTICIPATION- It shall be discriminatory to subject
an individual or class of individuals on the basis of a disability or
disabilities of such individual or class, directly, or through
contractual, licensing, or other arrangements, to a denial of the
opportunity of the individual or class to participate in or benefit from
the goods, services, facilities, privileges, advantages, or
accommodations of an entity.
(ii) PARTICIPATION IN UNEQUAL BENEFIT- It shall be discriminatory to
afford an individual or class of individuals, on the basis of a
disability or disabilities of such individual or class, directly, or
through contractual, licensing, or other arrangements with the
opportunity to participate in or benefit from a good, service, facility,
privilege, advantage, or accommodation that is not equal to that
afforded to other individuals.
(iii) SEPARATE BENEFIT- It shall be discriminatory to provide an
individual or class of individuals, on the basis of a disability or
disabilities of such individual or class, directly, or through
contractual, licensing, or other arrangements with a good, service,
facility, privilege, advantage, or accommodation that is different or
separate from that provided to other individuals, unless such action is
necessary to provide the individual or class of individuals with a good,
service, facility, privilege, advantage, or accommodation, or other
opportunity that is as effective as that provided to others.
(iv) INDIVIDUAL OR CLASS OF INDIVIDUALS- For purposes of clauses (i)
through (iii) of this subparagraph, the term `individual or class of
individuals' refers to the clients or customers of the covered public
accommodation that enters into the contractual, licensing or other
arrangement.
(B) INTEGRATED SETTINGS- Goods, services, facilities, privileges,
advantages, and accommodations shall be afforded to an individual with a
disability in the most integrated setting appropriate to the needs of the
individual.
(C) OPPORTUNITY TO PARTICIPATE- Notwithstanding the existence of
separate or different programs or activities provided in accordance with
this section, an individual with a disability shall not be denied the
opportunity to participate in such programs or activities that are not
separate or different.
(D) ADMINISTRATIVE METHODS- An individual or entity shall not,
directly or through contractual or other arrangements, utilize standards
or criteria or methods of administration--
(i) that have the effect of discriminating on the basis of
disability; or
(ii) that perpetuate the discrimination of others who are subject to
common administrative control.
(E) ASSOCIATION- It shall be discriminatory to exclude or otherwise
deny equal goods, services, facilities, privileges, advantages,
accommodations, or other opportunities to an individual or entity because
of the known disability of an individual with whom the individual or
entity is known to have a relationship or association.
(2) SPECIFIC PROHIBITIONS-
(A) DISCRIMINATION- For purposes of subsection (a), discrimination
includes--
(i) the imposition or application of eligibility criteria that
screen out or tend to screen out an individual with a disability or any
class of individuals with disabilities from fully and equally enjoying
any goods, services, facilities, privileges, advantages, or
accommodations, unless such criteria can be shown to be necessary for
the provision of the goods, services, facilities, privileges,
advantages, or accommodations being offered;
(ii) a failure to make reasonable modifications in policies,
practices, or procedures, when such modifications are necessary to
afford such goods, services, facilities, privileges, advantages, or
accommodations to individuals with disabilities, unless the entity can
demonstrate that making such modifications would fundamentally alter the
nature of such goods, services, facilities, privileges, advantages, or
accommodations;
(iii) a failure to take such steps as may be necessary to ensure
that no individual with a disability is excluded, denied services,
segregated or otherwise treated differently than other individuals
because of the absence of auxiliary aids and services, unless the entity
can demonstrate that taking such steps would fundamentally alter the
nature of the good, service, facility, privilege, advantage, or
accommodation being offered or would result in an undue
burden;
(iv) a failure to remove architectural barriers, and communication
barriers that are structural in nature, in existing facilities, and
transportation barriers in existing vehicles and rail passenger cars
used by an establishment for transporting individuals (not including
barriers that can only be removed through the retrofitting of vehicles
or rail passenger cars by the installation of a hydraulic or other
lift), where such removal is readily achievable; and
(v) where an entity can demonstrate that the removal of a barrier
under clause (iv) is not readily achievable, a failure to make such
goods, services, facilities, privileges, advantages, or accommodations
available through alternative methods if such methods are readily
achievable.
(i) ACCESSIBILITY- It shall be considered discrimination for a
private entity which operates a fixed route system and which is not
subject to section 304 to purchase or lease a vehicle with a seating
capacity in excess of 16 passengers (including the driver) for use on
such system, for which a solicitation is made after the 30th day
following the effective date of this subparagraph, that is not readily
accessible to and usable by individuals with disabilities, including
individuals who use wheelchairs.
(ii) EQUIVALENT SERVICE- If a private entity which operates a fixed
route system and which is not subject to section 304 purchases or leases
a vehicle with a seating capacity of 16 passengers or less (including
the driver) for use on such system after the effective date of this
subparagraph that is not readily accessible to or usable by individuals
with disabilities, it shall be considered discrimination for such entity
to fail to operate such system so that, when viewed in its entirety,
such system ensures a level of service to individuals with disabilities,
including individuals who use wheelchairs, equivalent to the level of
service provided to individuals without disabilities.
(C) DEMAND RESPONSIVE SYSTEM- For purposes of subsection (a),
discrimination includes--
(i) a failure of a private entity which operates a demand responsive
system and which is not subject to section 304 to operate such system so
that, when viewed in its entirety, such system ensures a level of
service to individuals with disabilities, including individuals who use
wheelchairs, equivalent to the level of service provided to individuals
without disabilities; and
(ii) the purchase or lease by such entity for use on such system of
a vehicle with a seating capacity in excess of 16 passengers (including
the driver), for which solicitations are made after the 30th day
following the effective date of this subparagraph, that is not readily
accessible to and usable by individuals with disabilities (including
individuals who use wheelchairs) unless such entity can demonstrate that
such system, when viewed in its entirety, provides a level of service to
individuals with disabilities equivalent to that provided to individuals
without disabilities.
(i) LIMITATION ON APPLICABILITY- Subparagraphs (B) and (C) do not
apply to over-the-road buses.
(ii) ACCESSIBILITY REQUIREMENTS- For purposes of subsection (a),
discrimination includes (I) the purchase or lease of an over-the-road
bus which does not comply with the regulations issued under section
306(a)(2) by a private entity which provides transportation of
individuals and which is not primarily engaged in the business of
transporting people, and (II) any other failure of such entity to comply
with such regulations.
(3) SPECIFIC CONSTRUCTION- Nothing in this title shall require an entity
to permit an individual to participate in or benefit from the goods,
services, facilities, privileges, advantages and accommodations of such
entity where such individual poses a direct threat to the health or safety
of others. The term `direct threat' means a significant risk to the health
or safety of others that cannot be eliminated by a modification of policies,
practices, or procedures or by the provision of auxiliary aids or
services.
SEC. 303. NEW CONSTRUCTION AND ALTERATIONS IN PUBLIC ACCOMMODATIONS AND
COMMERCIAL FACILITIES.
(a) APPLICATION OF TERM- Except as provided in subsection (b), as applied
to public accommodations and commercial facilities, discrimination for
purposes of section 302(a) includes--
(1) a failure to design and construct facilities for first occupancy
later than 30 months after the date of enactment of this Act that are
readily accessible to and usable by individuals with disabilities, except
where an entity can demonstrate that it is structurally impracticable to
meet the requirements of such subsection in accordance with standards set
forth or incorporated by reference in regulations issued under this title;
and
(2) with respect to a facility or part thereof that is altered by, on
behalf of, or for the use of an establishment in a manner that affects or
could affect the usability of the facility or part thereof, a failure to
make alterations 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.
Where the 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 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) ELEVATOR- Subsection (a) shall not be construed to require the
installation of an elevator for facilities that are less than three stories or
have less than 3,000 square feet per story unless the building is a shopping
center, a shopping mall, or the professional office of a health care provider
or unless the Attorney General determines that a particular category of such
facilities requires the installation of elevators based on the usage of such
facilities.
SEC. 304. PROHIBITION OF DISCRIMINATION IN SPECIFIED PUBLIC
TRANSPORTATION SERVICES PROVIDED BY PRIVATE ENTITIES.
(a) GENERAL RULE- No individual shall be discriminated against on the
basis of disability in the full and equal enjoyment of specified public
transportation services provided by a private entity that is primarily engaged
in the business of transporting people and whose operations affect
commerce.
(b) CONSTRUCTION- For purposes of subsection (a), discrimination
includes--
(1) the imposition or application by a entity described in subsection
(a) of eligibility criteria that screen out or tend to screen out an
individual with a disability or any class of individuals with disabilities
from fully enjoying the specified public transportation services provided by
the entity, unless such criteria can be shown to be necessary for the
provision of the services being offered;
(2) the failure of such entity to--
(A) make reasonable modifications consistent with those required under
section 302(b)(2)(A)(ii);
(B) provide auxiliary aids and services consistent with the
requirements of section 302(b)(2)(A)(iii); and
(C) remove barriers consistent with the requirements of section
302(b)(2)(A) and with the requirements of section 303(a)(2);
(3) the purchase or lease by such entity of a new vehicle (other than an
automobile, a van with a seating capacity of less than 8 passengers,
including the driver, or an over-the-road bus) which is to be used to
provide specified public transportation and 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; except that the new vehicle need not be
readily accessible to and usable by such individuals if the new vehicle is
to be used solely in a demand responsive system and if the entity can
demonstrate that such system, when viewed in its entirety, provides a level
of service to such individuals equivalent to the level of service provided
to the general public;
(4)(A) the purchase or lease by such entity of an over-the-road bus
which does not comply with the regulations issued under section 306(a)(2);
and
(B) any other failure of such entity to comply with such regulations;
and
(5) the purchase or lease by such entity of a new van with a seating
capacity of less than 8 passengers, including the driver, which is to be
used to provide specified public transportation and for which a solicitation
is made after the 30th day following the effective date of this section that
is not readily accessible to or usable by individuals with disabilities,
including individuals who use wheelchairs; except that the new van need not
be readily accessible to and usable by such individuals if the entity can
demonstrate that the system for which the van is being purchased or leased,
when viewed in its entirety, provides a level of service to such individuals
equivalent to the level of ser |
