Page:United States Statutes at Large Volume 104 Part 1.djvu/376

 104 STAT. 342 PUBLIC LAW 101-336—JULY 26, 1990 (B) provide that the public entity submitting the plan does not have to provide under the plan such service for individuals with disabilities. (9) OTHER PROVISIONS. — The regulations issued under this section shall include such other provisions and requirements as the Secretary determines are necessary to carry out the objectives of this section. (d) REVIEW OF PLAN. — (1) GENERAL RULE. —The Secretary shall review a plan submitted under this section for the purpose of determining whether or not such plan meets the requirements of this section, including the regulations issued under this section. (2) DISAPPROVAL. —If the Secretary determines that a plan reviewed under this subsection fails to meet the requirements of this section, the Secretary shall disapprove the plan and notify the public entity which submitted the plan of such disapproval and the reasons therefor. (3) MODIFICATION OF DISAPPROVED PLAN. —Not later than 90 days after the date of disapproval of a plan under this subsection, the public entity which submitted the plan shall modify the plan to meet the requirements of this section and shall submit to the Secretary, and commence implementation of, such modified plan. (e) DISCRIMINATION DEFINED.—As used in subsection (a), the term "discrimination" includes— (1) a failure of a public entity to which the regulations issued under this section apply to submit, or commence implementation of, a plan in accordance with subsections (c)(6) and (c)(7); (2) a failure of such entity to submit, or commence implementation of, a modified plan in accordance with subsection (d)(3); (3) submission to the Secretary of a modified plan under subsection (d)(3) which does not meet the requirements of this section; or (4) a failure of such entity to provide paratransit or other special transportation services in accordance with the plan or modified plan the public entity submitted to the Secretary under this section. (f) STATUTORY CONSTRUCTION.— Nothing in this section shall be construed as preventing a public entity— (1) from providing paratransit or other special transportation services at a level which is greater than the level of such services which are required by this section, (2) from providing paratransit or other special transportation services in addition to those paratransit and special transportation services required by this section, or (3) from providing such services to individuals in addition to those individuals to whom such services are required to be provided by this section. 42 USC 12144. SEC. 224. PUBLIC ENTITY OPERATING A DEMAND RESPONSIVE SYSTEM. If a public entity operates a demand responsive system, it shall be considered discrimination, for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), for such entity to purchase or lease a new vehicle for use on such system, 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

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