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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

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(A) a failure to provide a level of transportation services to individuals with disabilities, in

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cluding individuals who use wheelchairs, equiva

lent to that provided for the general public; and

(B) purchasing or leasing a new bus, or vehi

cle 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

TRANSPORTATION SERVICES PROVIDED BY 12

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 pri

16 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

(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

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of individuals with disabilities from fully enjoying the

2

public transportation services provided by the entity;

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(2) the failure of an entity to

(A) make reasonable modifications consistent

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with those required under section 402(b)(2);

(B) provide auxiliary aids and services con

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sistent with the requirements of section 402(b)(3);

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(3) the purchase or lease of a new vehicle (other

12

than an automobile) that is to be used to provide public

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transportation services, and for which a solicitation is

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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

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(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 vehi

23 cles covered under section 403.

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(b) OTHER PROVISIONS.-Not later than 240 days after

25 the date of enactment of this Act, the Attorney General shall

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1 issue regulations in an accessible format to carry out the re

2 maining provisions of this title not referred to in subsection

3 (a) that include standards applicable to facilities and vehicles

4 covered under section 402.

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(c) STANDARDS.-Standards included in regulations

6 issued under subsections (a) and (b) shall be consistent with

7 the minimum guidelines and requirements issued by the Ar8 chitectural and Transportation Barriers Compliance Board in 9 accordance with section 604(b).

10 SEC. 405. ENFORCEMENT.

11

Sections 802(i), 813, and 814 (a) and (d) of the Fair

12 Housing Act (42 U.S.C. 3602(i), 3613, and 3614 (a) and (d)) 13 shall be available with respect to any aggrieved individual,

14 except that

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(1) any reference to a discriminatory housing practice or breach of a conciliation agreement shall be considered to be a reference to a practice that is discriminatory under this title concerning a public accommodation or public transportation service operated by a private entity; and

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(2) subparagraph (B) of paragraph (1) and paragraphs (2) and (3) of subsection (a) of section 813 shall

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not apply.

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(2) TELECOMMUNICATIONS RELAY SERVICES. The term “telecommunications relay services” means

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services that enable simultaneous communication to

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(3) TDD.-The term “TDD” means a Telecom

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munication Device for the Deaf, a machine that em

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(a) GENERAL RULE.-It shall be considered discrimina

20 tion for purposes of this Act for any common carrier, as de

21 fined in section 3(h) of the Communications Act of 1934 (47

22 U.S.C. 153(h)), that offers telephone services to the general

23 public, to fail to provide, not later than 1 year after the date 24 of enactment of this Act, interstate or intrastate telecom

25 munication relay services so that such services provide indi

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