1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 40 usable by individuals with disabilities (including individuals who use wheelchairs), except that over-the-road buses shall be subject to section 304(b)(4) and section 305. (ii) EQUIVALENT SERVICE.-If such entity purchases or leases a vehicle carrying 16 or less passengers after the effective date of this title that is not readily accessible to or usable by individuals with disabilities, it shall be discriminatory for such entity to fail to operate a system that, when viewed in its entirety, ensures a level of service to individuals with disabilities, including individuals who use wheelchairs, equivalent to the level of service provided to the general public. (C) DEMAND RESPONSIVE SYSTEM.-As used in subsection (a), the term "discrimination" shall include, in the case of a covered entity that uses vehicles in a demand responsive system to transport individuals not covered under section 203 or 304, an incident in which (i) such entity purchases or leases a vehicle carrying 16 or less passengers after the effective date of this title, a failure to operate a system that, when viewed in its entirety, 08 933 PP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 41 ensures a level of service to individuals with disabilities, including individuals who use wheelchairs, equivalent to the level of service provided to the general public; and (ii) such entity purchases or leases a bus or a vehicle that can carry in excess of 16 passengers for which solicitations are made later than 30 days after the effective date of this Act, that is not readily accessible to and usable by individuals with disabilities (includ ing 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) and section 305. 19 SEC. 303. NEW CONSTRUCTION IN PUBLIC ACCOMMODATIONS 20 AND POTENTIAL PLACES OF EMPLOYMENT. 21 (a) APPLICATION OF TERM.-Except as provided in 22 subsection (b), as applied to a 42 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. 10 (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 19 20 21 TRANSPORTATION SERVICES PROVIDED BY PRIVATE ENTITIES. (a) GENERAL RULE.-No individual shall be discrimi22 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 08 933 PP 43 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" includes 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 (1) the imposition or application by an entity of eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully enjoying the public transportation services provided by the entity; (2) the failure of an entity to (A) make reasonable modifications consistent with those required under section 302(b)(2)(A)(ii); (B) provide auxiliary aids and services consistent with the requirements of section 302(b)(2)(A)(iii); and (C) remove barriers consistent with the requirements of section 302(b)(2)(A) (iv), (v), and (vi); (3) the purchase or lease of a new vehicle (other than an automobile or an over-the-road bus) that is to 21 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 dis abilities, including individuals who use wheelchairs 08 933 PP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 44 (except in the case of a vehicle used in a demand re sponse system, in which case the new vehicle need not 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 services and for which a solicitation is made later than 7 years after the date of enactment of this Act for small providers (as defined by the Secretary of Transporta tion) and 6 years for other providers, except as provid ed in section 305(d), that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. 17 SEC. 305. STUDY. 18 (a) PURPOSE.-The Office of Technology Assessment 19 shall undertake a study to determine 20 21 222 (1) the access needs of individuals with disabilities to over-the-road buses; and (2) the most cost effective methods for making 23 over-the-road buses readily accessible to and usable by 24 25 individuals with disabilities, particularly individuals who use wheelchairs. 6 933 PP |