From: Julie Dawson 
Subject: Equality of Opportunity -- HISTORY.TXT  (fwd)
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 promul gated 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.
     As used in this part:
     (1) Demand responsive system. The term  demand responsive
system  means any system of providing designated public
transportation which is not a fixed route system.
     (2) Designated public transportation. The term  designated
public transportation  means transportation (other than public
school transportation) by bus, rail, or any other conveyance
(other than transportation by aircraft or intercity or commuter
rail transportation (as defined in section 241)) that provides
the general public with general or special service (including
charter service) on a regular and continuing basis.
     (3) Fixed route system. The term  fixed route system  means
a system of providing designated public transportation on which a
vehicle is operated along a prescribed route according to a fixed
schedule.
     (4) Operates. The term  operates , as used with respect to a
fixed route system or demand responsive system, includes
operation of such system by a person under a contractual or other
arrangement or relationship with a public entity.
     (5) Public school transportation. The term  public school
transportation  means transportation by schoolbus vehicles of
schoolchildren, personnel, and equipment to and from a public
elementary or secondary school and school-related activities.
     (6) Secretary. The term  Secretary  means the Secretary of
Transportation.
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 discrimina tion 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 individu als 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 circum stances 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 opportu nity
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 Secre tary, 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 implementa tion of, a plan for providing such
services.
     (8) Provision of services by others. The regulations issued
under this section shall 
     (A) require that a public entity submitting a plan to the
Secretary under this section identify in the plan any person or
other public entity which is providing a paratransit or other
special transportation service for individuals with disabilities
in the service area to which the plan applies; and
     (B) provide that the public entity submitting the plan does
not have to provide under the plan such service for individuals
with disabilities.
     (9) Other provisions. The regulations issued under this
section shall include such other provisions and requirements as
the Secretary determines are necessary to carry out the
objectives of this section.
     (d) Review of Plan. 
     (1) General rule. The Secretary shall review a plan
submitted under this section for the purpose of determining
whether or not such plan meets the requirements of this section,
including the regulations issued under this section.
     (2) Disapproval. If the Secretary determines that a plan
reviewed under this subsection fails to meet the requirements of
this section, the Secretary shall disapprove the plan and notify
the public entity which submitted the plan of such disapproval
and the reasons therefor.
     (3) Modification of disapproved plan. Not later than 90 days
after the date of disapproval of a plan under this subsection,
the public entity which submitted the plan shall modify the plan
to meet the requirements of this section and shall submit to the
Secretary, and commence implementation of, such modified plan.
     (e) Discrimination Defined. As used in subsection (a), the
term  discrimination  includes 
     (1) a failure of a public entity to which the regulations
issued under this section apply to submit, or commence
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From: Julie Dawson 
Subject: Equality of Opportunity -- HISTORY.TXT  (fwd)
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 disproportion ate 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 Rehabili tation 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 remanufac ture 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.
     As used in this part:
     (1) Commuter authority. The term  commuter authority  has
the meaning given such term in section 103(8) of the Rail
Passenger Service Act (45 U.S.C. 502(8)).
     (2) Commuter rail transportation. The term  commuter rail
transportation  has the meaning given the term  commuter service 
in section 103(9) of the Rail Passenger Service Act (45 U.S.C.
502(9)).
     (3) Intercity rail transportation. The term  intercity rail
transportation  means transpor tation 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
DISCRIMINA TORY.
     (a) Intercity Rail Transportation. 
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