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Transportation shall promulgate regulations in an accessible format that include standards applicable to facilities and vehicles covered under section 303.

(2) CONFORMANCE OF STANDARDS.—Such standards shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board in accordance with section 604(b).

9 SEC. 305. ENFORCEMENT.

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The remedies, procedures, and rights set forth in section

11 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794a) shall 12 be available with respect to any individual who believes that 13 he or she is being or about to be subjected to discrimination 14 on the basis of disability in violation of any provisions of this 15 Act, or regulations promulgated under section 304, concern16 ing public services.

17 TITLE IV-PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES

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20 SEC. 401. DEFINITIONS.

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As used in this title:

(1) COMMERCE.-The term "commerce" means travel, trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia and any State or between any for

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1 eign country or any territory or possession and any

the same State but through another State or the Dis

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State or the District of Columbia or between points in

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(A) IN GENERAL.-The term "public accommodation" means privately operated establish

ments

(i)(I) that are used by the general public

as customers, clients, or visitors; or

(II) that are potential places of employ

ment; and

(ii) whose operations affect commerce. (B) INCLUSIONS.-Public accommodations referred to in clause (i)(I) include auditoriums, convention centers, stadiums, theaters, restaurants, shopping centers, inns, hotels, and motels (other than inns, hotels, and motels exempt under section 201(b)(1) of the Civil Rights Act of 1964 (42 U.S.C. 2000a(b)(1))), terminals used for public transportation, passenger vehicle service stations, professional offices of health care providers, office buildings, sales establishments, personal and public service businesses, parks, private schools, and recreation facilities.

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(3) PUBLIC

TRANSPORTATION.-The

term

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"public transportation" means transportation by bus or rail, or by any other conveyance (other than by air

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travel) that provides the general public with general or

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special service (including charter service) on a regular and continuing basis.

7 SEC. 402. PROHIBITION OF DISCRIMINATION BY PUBLIC

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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

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(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 20 goods, services, facilities, privileges, advantages, and

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accommodations;

(2) a failure to make reasonable modifications in

23 rules, policies, practices, procedures, protocols, or serv24 ices when such modifications may be necessary to afford such privileges, advantages, and accommodations

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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 ab

sence 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;

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(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 fa

cility, 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 en

actment 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

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