From: Julie Dawson 
Subject: Equality of Opportunity -- HISTORY.TXT  (fwd)
     (1) One car per train rule. It shall be considered
discrimination for purposes of section 202 of this Act and
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for
a person who provides intercity rail transportation to fail to
have at least one passenger car per train that is readily
accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs, in accordance with
regulations issued under section 244, as soon as practicable, but
in no event later than 5 years after the date of enactment of
this Act.
     (2) New intercity cars. 
     (A) General rule. Except as otherwise provided in this
subsection with respect to individuals who use wheelchairs, it
shall be considered discrimination for purposes of section 202 of
this Act and section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794) for a person to purchase or lease any new rail
passenger cars for use in intercity rail transportation, and for
which a solicitation is made later than 30 days after the
effective date of this section, unless all such rail cars are
readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs, as
prescribed by the Secretary of Transportation in regulations
issued under section 244.
     (B) Special rule for single-level passenger coaches for
individuals who use wheel chairs. Single-level passenger coaches
shall be required to 
     (i) be able to be entered by an  individual who uses a
wheelchair;
     (ii) have space to park and secure a wheelchair;
     (iii) have a seat to which a passenger in a wheelchair can
transfer, and a space to fold and store such passenger s
wheelchair; and
     (iv) have a restroom usable by an individual who uses a
wheelchair, only to the extent provided in paragraph (3).
     (C) Special rule for single-level dining cars for
individuals who use wheelchairs.  Single-level dining cars shall
not be required to 
     (i) be able to be entered from the station platform by an
individual who uses a wheelchair; or
     (ii) have a restroom usable by an individual who uses a
wheelchair if no restroom is provided in such car for any
passenger.
     (D) Special rule for bi-level dining cars for individuals
who use wheelchairs. Bi-level dining cars shall not be required
to 
     (i) be able to be entered by an  individual who uses a
wheelchair;
     (ii) have space to park and secure a wheelchair;
     (iii) have a seat to which a passenger in a wheelchair can
transfer, or a space to fold and store such passenger s
wheelchair; or
     (iv) have a restroom usable by an individual who uses a
wheelchair.
     (3) Accessibility of single-level coaches. 
     (A) General rule. It shall be considered discrimination for
purposes of section 202 of this Act and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) for a person who
provides intercity rail transportation to fail to have on each
train which includes one or more single-level rail passenger
coaches 
     (i) a number of spaces 
     (I) to park and secure wheelchairs (to accommodate
individuals who wish to remain in their wheelchairs) equal to not
less than one-half of the number of single-level rail passenger
coaches in such train; and
     (II) to fold and store wheelchairs (to accommodate
individuals who wish to transfer to coach seats) equal to not
less than one-half of the number of single-level rail passenger
coaches in such train, as soon as practicable, but in no event
later than 5 years after the date of enactment of this Act; and
     (ii) a number of spaces 
     (I) to park and secure wheelchairs (to accommodate
individuals who wish to remain in their wheelchairs) equal to not
less than the total number of single-level rail passenger coaches
in such train; and
     (II) to fold and store wheelchairs (to accommodate
individuals who wish to transfer to coach seats) equal to not
less than the total number of single-level rail passenger coaches
in such train, as soon as practicable, but in no event later than
10 years after the date of enactment of this Act.
     (B) Location. Spaces required by subparagraph (A) shall be
located in single-level rail passenger coaches or food service
cars.
     (C) Limitation. Of the number of spaces required on a train
by subparagraph (A), not more than two spaces to park and secure
wheelchairs nor more than two spaces to fold and store
wheelchairs shall be located in any one coach or food service
car.
     (D) Other accessibility features. Single-level rail
passenger coaches and food service cars on which the spaces
required by subparagraph (A) are located shall have a restroom
usable by an individual who uses a wheelchair and shall be able
to be entered from the station platform by an individual who uses
a wheelchair.
     (4) Food service. 
     (A) Single-level dining cars. On any train in which a
single-level dining car is used to provide food service 
     (i) if such single-level dining car was purchased after the
date of enactment of this Act, table service in such car shall be
provided to a passenger who uses a wheelchair if 
     (I) the car adjacent to the end of the dining car through
which a wheelchair may enter is itself accessible to a
wheelchair;
     (II) such passenger can exit to the platform from the car
such passenger occupies, move down the platform, and enter the
adjacent accessible car described in subclause (I) without the
necessity of the train being moved within the station; and
     (III) space to park and secure a wheelchair is available in
the dining car at the time such passenger wishes to eat (if such
passenger wishes to remain in a wheel chair), 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 wheel chairs, 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 regula tions
issued under section 244.
     (2) Purchase or lease. It shall be considered discrimination
for purposes of section 202 of this Act and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) for a person to
purchase or lease a remanufactured rail passenger car for use in
intercity or commuter rail transportation unless such car was
remanufactured in accordance with paragraph (1).
     (e) Stations. 
     (1) New stations. It shall be considered discrimination for
purposes of section 202 of this Act and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) for a person to build
a new station for use in intercity or commuter rail
transportation that is not readily accessible to and usable by
individuals with disabilities, including individuals who use
wheelchairs, as prescribed by the Secretary of Transportation in
regulations issued under section 244.
     (2) Existing stations. 
     (A) Failure to make readily accessible. 
     (i) General rule. It shall be considered discrimination for
purposes of section 202 of this Act and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) for a responsible
person to fail to make existing stations in the intercity rail
transportation system, and existing key stations in commuter rail
transportation systems, readily accessible to and usable by
individuals with disabilities, including individuals who use
wheelchairs, as prescribed by the Secretary of Transportation in
regulations issued under section 244.
     (ii) Period for compliance. 
     (I) Intercity rail. All stations in the intercity rail
transportation system shall be made readily accessible to and
usable by individuals with disabilities, including individuals
who use wheelchairs, as soon as practicable, but in no event
later than 20 years after the date of enactment of this Act.
     (II) Commuter rail. Key stations in commuter rail
transportation systems shall be made readily accessible to and
usable by individuals with disabilities, including individuals
who use wheelchairs, as soon as practicable but in no event later
than 3 years after the date of enactment of this Act, except that
the time limit may be extended by the Secretary of Transportation
up to 20 years after the date of enactment of this Act in a case
where the raising of the entire passenger platform is the only
means available of attaining accessibility or where other
extraordinarily expensive structural changes are necessary to
attain accessibility.
     (iii) Designation of key stations. Each commuter authority
shall designate the key stations in its commuter rail
transportation system, in consultation with individuals with
disabilities and organizations representing such individuals,
taking into consider ation 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 disabili
ties, 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,
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