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used in subsection (a), the term "discrimination"

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shall include, in the case of a covered entity that

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later than 30 days after the effective date of this Act, 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, already provides a level of service to individuals with disabilities equivalent to that provided to the general public, except that over-the-road buses shall be subject to section 304(b)(4)

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and section 305.

19 SEC. 303. NEW CONSTRUCTION IN PUBLIC ACCOMMODATIONS

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AND POTENTIAL PLACES OF EMPLOYMENT.

21 (a) APPLICATION OF TEKM.—Except as provided in 22 subsection (b), as applied to e23

(1) public accommodation; and 24

(2) potential place of employment;

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1 the term “discrimination" as used in section 302(a) shall

2 mean a failure to design and construct facilities for first occu3 pancy later than 30 months after the date of enactment of

4 this Act that are readily accessible to and usable by individ5 uals with disabilities, except where an entity can demonstrate 6 that it is structurally impracticable to meet the requirements

7 of such subsection in accordance with standards set forth or

8 incorporated by reference in regulations issued under this

9 title.

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(b) ELEVATOR.-Subsection (a) shall not be construed

11 to require the installation of an elevator for facilities that are

12 less than three stories or have less than 3,000 square feet per

13 story unless the building is a shopping center, a shopping

14 mall, or the professional office of a health care provider or 15 unless the Attorney General determines that a particular cat16 egory of such facilities requires the installation of elevators 17 based on the usage of such facilities.

18 SEC. 304. PROHIBITION OF DISCRIMINATION IN PUBLIC

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TRANSPORTATION SERVICES PROVIDED BY

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PRIVATE ENTITIES.

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(a) GENERAL RULE.-No individual shall be discrimi

22 nated against on the basis of disability in the full and equal 23 enjoyment of public transportation services provided by a pri24 vately operated entity that is primarily engaged in the busi25 ness of transporting people, but is not in the principal busi

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1 ness of providing air transportation, and whose operations

2 affect commerce.

3 (b) CONSTRUCTION.-As used in subsection (a), the 4 term “discrimination against” includes5

(1) the imposition or application by an entity of 6 eligibility criteria that screen out or tend to screen out 7 an individual with a disability or any class of individ8 uals with disabilities from fully enjoying the public 9 transportation services provided by the entity; 10

(2) the failure of an entity to 11

(A) make reasonable modifications consistent

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with those required under section 302(b)(2)(A)(i);

(B) provide auxiliary aids and services consistent with the requirements of section 302(b)(2)(A)(ii); and

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(C) remove barriers consistent with the re

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quirements of section 302(b)(2)(A) (iv), (v), and

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(3) the purchase or lease of a new vehicle (other

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than an automobile or an over-the-road bus) that is to

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be used to provide public transportation services, and for which a solicitation is made later than 30 days after the date of enactment of this Act, that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs

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(except in the case of a vehicle used in a demand re

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sponse system, in which case the new vehicle need not

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be readily accessible to and usable by individuals with disabilities if the entity can demonstrate that such system, when viewed in its entirety, provides a level of service to individuals with disabilities equivalent to the level of service provided to the general public); and

(4) the purchase or lease of a new over-the-road bus that is used to provide public transportation serv

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ices and for which a solicitation is made later than 7

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years after the date of enactment of this Act for small

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providers (as defined by the Secretary of Transportation) and-6 years for other providers, except as provided in section 305(d), that is not readily accessible to and usable by individuals with disabilities, including in

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dividuals who use wheelchairs.

17 SEC. 305. STUDY.

18 (a) PURPOSE.—The Office of Technology Assessment 19 shall undertake a study to determine

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(1) the access needs of individuals with disabilities

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(2) the most cost effective methods for making

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over-the-road buses readily accessible to and usable by individuals with disabilities, particularly individuals

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