From: Julie Dawson 
Subject: Equality of Opportunity -- HISTORY.TXT  (fwd)
subparagraph, that is not readily accessible to and usable by
individuals with disabilities, including individuals who use
wheelchairs.
     (ii) Equivalent service. If a private entity which operates
a fixed route system and which is not subject to section 304
purchases or leases a vehicle with a seating capacity of 16
passengers or less (including the driver) for use on such system
after the effective date of this subparagraph that is not readily
accessible to or usable by individuals with disabilities, it
shall be considered discrimination for such entity to fail to
operate such system so that, when viewed in its entirety, such
system ensures a level of service to individuals with
disabilities, including individuals who use wheel chairs,
equivalent to the level of service provided to individuals
without disabilities.
     (C) Demand responsive system. For purposes of subsection
(a), discrimination includes 
     (i) a failure of a private entity which operates a demand
responsive system and which is not subject to section 304 to
operate such system so that, when viewed in its entirety, such
system ensures a level of service to individuals with
disabilities, including individuals who use wheelchairs,
equivalent to the level of service provided to individuals
without disabilities; and
     (ii) the purchase or lease by such entity for use on such
system of a vehicle with a seating capacity in excess of 16
passengers (including the driver), for which solicita tions are
made after the 30th day following the effective date of this
subparagraph, 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, provides a level of service to
individuals with disabilities equivalent to that provided to
individuals without disabilities.
     (D) Over-the-road buses. 
     (i) Limitation on applicability. Subparagraphs (B) and (C)
do  not apply to over-the-road buses.
     (ii) Accessibility requirements. For purposes of subsection
(a), discrimination includes (I) the purchase or lease of an
over-the-road bus which does not comply with the regulations
issued under section 306(a)(2) by a private entity which provides
transportation of individuals and which is not primarily engaged
in the business of transporting people, and (II) any other
failure of such entity to comply with such regulations.
     (3) Specific Construction. Nothing in this title shall
require an entity to permit an individual to participate in or
benefit from the goods, services, facilities, privileges, advan
tages and accommodations of such entity where such individual
poses a direct threat to the health or safety of others. The term
 direct threat  means a significant risk to the health or safety
of others that cannot be eliminated by a modification of
policies, practices, or proce dures or by the provision of
auxiliary aids or services.
     SEC. 303. NEW CONSTRUCTION AND ALTERATIONS IN PUBLIC
ACCOMMODATIONS AND COMMERCIAL FACILITIES.
     (a) Application of Term. Except as provided in subsection
(b), as applied to public accom modations and commercial
facilities, discrimination for purposes of section 302(a)
includes 
     (1) a failure to design and construct facilities for first
occupancy later than 30 months after the date of enactment of
this Act that are readily accessible to and usable by individuals
with disabilities, except where an entity can demonstrate that it
is structurally impracticable to meet the requirements of such
subsection in accordance with standards set forth or incorporated
by reference in regulations issued under this title; and
     (2) with respect to a facility or part thereof that is
altered by, on behalf of, or for the use of an establishment in a
manner that affects or could affect the usability of the facility
or part thereof, a failure to make alterations 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. Where
the 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 where such alterations to the path of travel or the
bathrooms, telephones, and drinking fountains serving the altered
area are not disproportionate to the overall alterations in terms
of cost and scope (as determined under criteria established by
the Attorney General).
     (b) Elevator. Subsection (a) shall not be construed to
require the installation of an elevator for facilities that are
less than three stories or have less than 3,000 square feet per
story unless the building is a shopping center, a shopping mall,
or the professional office of a health care provider or unless
the Attorney General determines that a particular category of
such facilities requires the installation of elevators based on
the usage of such facilities.
     SEC. 304. PROHIBITION OF DISCRIMINATION IN SPECIFIED PUBLIC
TRANSPORTA TION SERVICES PROVIDED BY PRIVATE ENTITIES.
     (a) General Rule. No individual shall be discriminated
against on the basis of disability in the full and equal
enjoyment of specified public transportation services provided by
a private entity that is primarily engaged in the business of
transporting people and whose operations affect commerce.
     (b) Construction. For purposes of subsection (a),
discrimination includes 
     (1) the imposition or application by a entity described in
subsection (a) 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 specified
public transportation services provided by the entity, unless
such criteria can be shown to be necessary for the provision of
the services being offered;
     (2) the failure of such 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) and with the requirements of section
303(a)(2);
     (3) the purchase or lease by such entity of a new vehicle
(other than an automobile, a van with a seating capacity of less
than 8 passengers, including the driver, or an over-the-road bus)
which is to be used to provide specified public transportation
and 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; except that the new
vehicle need not be readily accessible to and usable by such
individuals if the new vehicle is to be used solely in a demand
responsive system and if the entity can demonstrate that such
system, when viewed in its entirety, provides a level of service
to such individuals equivalent to the level of service provided
to the general public;
     (4)(A) the purchase or lease by such entity of an
over-the-road bus which does not comply with the regulations
issued under section 306(a)(2); and
     (B) any other failure of such entity to comply with such
regulations; and
     (5) the purchase or lease by such entity of a new van with a
seating capacity of less than 8 passengers, including the driver,
which is to be used to provide specified public transporta tion
and for which a solicitation is made after the 30th day following
the effective date of this section that is not readily accessible
to or usable by individuals with disabilities, including
individuals who use wheelchairs; except that the new van need not
be readily accessible to and usable by such individuals if the
entity can demonstrate that the system for which the van is being
purchased or leased, when viewed in its entirety, provides a
level of service to such individuals equivalent to the level of
service provided to the general public;
     (6) the purchase or lease by such entity of a new rail
passenger car that is to be used to provide specified public
transportation, and for which a solicitation is made later than
30 days after the effective date of this paragraph, that is not
readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs; and
     (7) the remanufacture by such entity of a rail passenger car
that is to be used to provide specified public transportation so
as to extend its usable life for 10 years or more, or the
purchase or lease by such entity of such a rail car, unless the
rail car, to the maximum extent feasible, is made readily
accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs.
     (c) Historical or Antiquated Cars. 
     (1) Exception. To the extent that compliance with subsection
(b)(2)(C) or (b)(7) would significantly alter the historic or
antiquated character of a historical or antiquated rail passenger
car, or a rail station served exclusively by such cars, or would
result in violation of any rule, regulation, standard, or order
issued by the Secretary of Transportation under the Federal
Railroad Safety Act of 1970, such compliance shall not be
required.
     (2) Definition. As used in this subsection, the term
 historical or antiquated rail passenger car  means a rail
passenger car 
     (A) which is not less than 30 years old at the time of its
use for transporting individu als;
     (B) the manufacturer of which is no longer in the business
of manufacturing rail passenger cars; and
     (C) which 
     (i) has a consequential association with events or persons
significant to the past; or
     (ii) embodies, or is being restored to embody, the
distinctive characteristics of a type of rail passenger car used
in the past, or to represent a time period which has passed.
SEC. 305. STUDY.
     (a) Purposes. The Office of Technology Assessment shall
undertake a study to determine 
     (1) the access needs of individuals with disabilities to
over-the-road buses and over-the-road bus service; and
     (2) the most cost-effective methods for providing access to
over-the- road buses and over-the-road bus service to individuals
with disabilities, particularly individuals who use wheelchairs,
through all forms of boarding options.
     (b) Contents. The study shall include, at a minimum, an
analysis of the following:
     (1) The anticipated demand by individuals with disabilities
for accessible over-the-road buses and over-the-road bus service.
     (2) The degree to which such buses and service, including
any service required under sections 304(b)(4) and 306(a)(2), are
readily accessible to and usable by individuals with
disabilities.
     (3) The effectiveness of various methods of providing
accessibility to such buses and service to individuals with
disabilities.
     (4) The cost of providing accessible over-the-road buses and
bus service to individuals with disabilities, including
consideration of recent technological and cost saving
developments in equipment and devices.
     (5) Possible design changes in over-the-road buses that
could enhance accessibility, including the installation of
accessible restrooms which do not result in a loss of seating
capacity.
     (6) The impact of accessibility requirements on the
continuation of over-the-road bus service, with particular
consideration of the impact of such requirements on such service
to rural communities.
     (c) Advisory Committee. In conducting the study required by
subsection (a), the Office of Technology Assessment shall
establish an advisory committee, which shall consist of 
     (1) members selected from among private operators and
manufacturers of over-the-road buses;
     (2) members selected from among individuals with
disabilities, particularly individuals who use wheelchairs, who
are potential riders of such buses; and
     (3) members selected for their technical expertise on issues
included in the study, including manufacturers of boarding
assistance equipment and devices.
     The number of members selected under each of paragraphs (1)
and (2) shall be equal, and the total number of members selected
under paragraphs (1) and (2) shall exceed the number of members
selected under paragraph (3).
     (d) Deadline. The study required by subsection (a), along
with recommendations by the Office of Technology Assessment,
including any policy options for legislative action, shall be
submitted to the President and Congress within 36 months after
the date of the enactment of this Act. If the President
determines that compliance with the regulations issued pursuant
to section 306(a)(2)(B) on or before the applicable deadlines
specified in section 306(a)(2)(B) will result in a significant
reduction in intercity over-the-road bus service, the President
shall extend each such deadline by 1 year.
     (e) Review. In developing the study required by subsection
(a), the Office of Technology Assessment shall provide a
preliminary draft of such study to the Architectural and
Transportation Barriers Compliance Board established under
section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792).
The Board shall have an opportunity to comment on such draft
study, and any such comments by the Board made in writing within
120 days after the Board s receipt of the draft study shall be
incorporated as part of the final study required to be submitted
under subsection (d).
SEC. 306. REGULATIONS.
     (a) Transportation Provisions. 
     (1) General rule. Not later than 1 year after the date of
the enactment of this Act, the Secretary of Transportation shall
issue regulations in an accessible format to carry out sections
302(b)(2) (B) and (C) and to carry out section 304 (other than
subsection (b)(4)).
     (2) Special rules for providing access to over-the-road
buses. 
     (A) Interim requirements. 
     (i) Issuance. Not later than 1 year after the date of the
enactment of this Act, the Secretary of Transportation shall
issue regulations in an accessible format to carry out sections
304(b)(4) and 302(b)(2)(D)(ii) that require each private entity
which uses an over-the-road bus to provide transportation of
individuals to provide accessibility to such bus; except that
such regulations shall not require any structural changes in
over-the-road buses in order to provide access to individuals who
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