3 rail, or by any other conveyance (other than by air 4 5 6 travel) that provides the general public with general or special service (including charter service) on a regular and continuing basis. 7 SEC. 402. PROHIBITION OF DISCRIMINATION BY PUBLIC 8 9 ACCOMMODATIONS. (a) GENERAL RULE.-No individual shall be discrimi10 nated against in the full and equal enjoyment of the goods, 11 services, facilities, privileges, advantages, and accommoda12 tions of any place of public accommodation, on the basis of 13 disability. 14 (b) CONSTRUCTION.-As used in subsection (a), the 15 term "discriminated against" includes— (1) the imposition or application of eligibility criteria that identify or limit, or tend to identify or limit, an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, and accommodations; (2) a failure to make reasonable modifications in rules, policies, practices, procedures, protocols, or services when such modifications may be necessary to afford such privileges, advantages, and accommodations HR 2273 SC 26 unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such privileges, advantages, and accommodations; (3) a failure to take such steps as may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the entity can demonstrate that taking such steps would result in undue burden; (4)(A) a failure to remove architectural and communication barriers that are structural in nature in existing facilities, and transportation barriers in existing vehicles used by an establishment for transporting individuals (not including barriers that can only be re moved through the retrofitting of vehicles by the instal lation of a hydraulic or other lift), where such removal is readily achievable; and (B) where an entity can demonstrate that removal of a barrier under subparagraph (A) is not readily achievable, a failure to make such goods, services, facilities, privileges, advantages, and accommodations available through alternative methods if such methods are readily achievable; HR 2273 SC 27 (5) with respect to a facility or part thereof that is altered by, on behalf of, or for the use of an establish ment later than one year after the date of enactment of this Act in a manner that affects or could affect the usability of the facility or part thereof, a failure to make the alterations in such a manner that, to the maximum extent feasible, the altered portion of the facility, the path of travel to the altered area, and the bathrooms, telephones, and drinking fountains serving the remodeled area, are readily accessible to and usable by individuals with disabilities; (6) a failure to make facilities constructed for first occupancy later than 30 months after the date of enactment of this Act readily accessible to and usable by individuals with disabilities, except where an entity can demonstrate that it is structurally impracticable to do so, in accordance with standards set forth or incorporated by reference in regulations issued under this title; and (7) in the case of an entity that uses a vehicle to transport individuals not covered under section 303 or 403 (A) a failure to provide a level of transporta tion services to individuals with disabilities, in HR 2273 SC 28 cluding individuals who use wheelchairs, equivalent to that provided for the general public; and (B) purchasing or leasing a new bus, or vehicle that can carry in excess of 12 passengers, for which solicitations are 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. 10 SEC. 403. PROHIBITION OF DISCRIMINATION IN PUBLIC 11 12 13 TRANSPORTATION SERVICES PROVIDED BY PRIVATE ENTITIES. (a) GENERAL RULE.-No individual shall be discrimi 14 nated against on the basis of disability in the full and equal 15 enjoyment of public transportation services provided by a pri16 vately operated entity that is primarily engaged in the busi17 ness of transporting people, but is not in the principal busi18 ness of providing air transportation, and whose operations 19 affect commerce. 20 (b) CONSTRUCTION.—As used in subsection (a), the 21 term "discrimination against” includes— 22 23 24 (1) the imposition or application by an entity of eligibility criteria that identify or limit, or tend to iden tify or limit, an individual with a disability or any class HR 2273 SC 29 1 2 3 4 5 67 8 9 10 11 12 13 14 15 16 17 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 402(b)(2); (B) provide auxiliary aids and services consistent with the requirements of section 402(b)(3); and (C) remove barriers consistent with the requirements of section 402(b)(4); and (3) the purchase or lease of a new vehicle (other than an automobile) that is to 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. 18 SEC. 404. REGULATIONS. 19 (a) ACCESSIBILITY STANDARDS.-Not later than 240 20 days after the date of enactment of this Act, the Secretary of 21 Transportation shall issue regulations in an accessible format 22 that shall include standards applicable to facilities and vehi23 cles covered under section 403. 24 (b) OTHER PROVISIONS.-Not later than 240 days after 25 the date of enactment of this Act, the Attorney General shall HR 2273 SC |