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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