Americans with Disabilities Act
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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 accommodations 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.
(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 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 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 individuals;
(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.
(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).
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