[Note Added: Highlighted text has been underlined. Document emailed after 

Nov 20, 2014, Rooms and Spaces Subcommittee conference call ended.]

SUBPART II - PUBLIC TRANSPORTATION BY INTERCITY AND COMMUTER RAIL 

Sec. 12161. Definitions

 As used in this subpart:

 (1) Commuter authority

 The term "commuter authority" has the meaning given such term

 in section 24102(4) (FN1) of title 49.

 (2) Commuter rail transportation

 The term "commuter rail transportation" has the meaning given

 the term "commuter rail passenger transportation" in section

 24102(5) (FN1) of title 49.

 

 (3) Intercity rail transportation

 The term "intercity rail transportation" means transportation

 provided by the National Railroad Passenger Corporation.

 (a) Intercity rail transportation

 (1) One car per train rule

 It shall be considered discrimination for purposes of section

 12132 of this title and section 794 of title 29 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 12164 of this title, as soon as practicable, but in no

 event later than 5 years after July 26, 1990.

 (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 12132 of this title and

 section 794 of title 29 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 July 26, 1990, 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 12164 of this title.

 (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

 12132 of this title and section 794 of title 29 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 July 26, 1990; 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 July 26, 1990.

 (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

 July 26, 1990, 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 July 26, 1990, 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

 12132 of this title and section 794 of title 29 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 12164 of this title, as soon as practicable, but in no

 event later than 5 years after July 26, 1990.

 (2) New commuter rail cars

 (A) General rule

 It shall be considered discrimination for purposes of section

 12132 of this title and section 794 of title 29 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 July 26, 1990, 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 12164 of this title.

 (B) Accessibility

 For purposes of section 12132 of this title and section 794

 of title 29, 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.