22 1 shall promulgate regulations in an accessible format that im2 plement this title (other than section 303), and such regula3 tions shall be consistent with this title and with the coordina4 tion regulations under part 41 of title 28, Code of Federal 5 Regulations (as in existence on January 13, 1978), applicable 6 to recipients of Federal financial assistance under section 504 7 of the Rehabilitation Act of 1973 (29 U.S.C. 794). 8 9 10 11 12 13 14 15 16 17 18 (b) SECRETARY OF TRANSPORTATION. (1) IN GENERAL.-Not later than 240 days after the date of enactment of this Act, the Secretary of 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). 19 SEC. 305. ENFORCEMENT. 20 The remedies, procedures, and rights set forth in section 21 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794a) shall 22 be available with respect to any individual who believes that 23 he or she is being or about to be subjected to discrimination 24 on the basis of disability in violation of any provisions of this ●HR 2273 IH 23 1 Act, or regulations promulgated under section 304, concern 2 ing public services. 3 4 5 TITLE IV—PUBLIC TIONS AND SERVICES 6 SEC. 401. DEFINITIONS. 7 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 eign country or any territory or possession and any State or the District of Columbia or between points in the same State but through another State or the Dis trict of Columbia or foreign country. (2) PUBLIC ACCOMMODATION.— (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. ●HR 2273 IH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 24 (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. (3) PUBLIC TRANSPORTATION.-The term 16 17 18 "public transportation" means transportation by bus or rail, or by any other conveyance (other than by air travel) that provides the general public with general or special service (including charter service) on a regular and continuing basis. 19 SEC. 402. PROHIBITION OF DISCRIMINATION BY PUBLIC (a) GENERAL RULE.-No individual shall be discrimi22 nated against in the full and equal enjoyment of the goods, 23 services, facilities, privileges, advantages, and accommoda24 tions of any place of public accommodation, on the basis of 25 disability. HR 2273 IH 25 1 (b) CONSTRUCTION.-As used in subsection (a), the 2 term "discriminated against" includes— 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (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 goods, services, facilities, privileges, advantages, and accommodations; (2) a failure to make reasonable modifications in rules, policies, practices, procedures, protocols, or services when such modifications may be necessary to afford such privileges, advantages, and accommodations 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 absence 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 isting facilities, and transportation barriers in existing HR 2273 IH 1 26 vehicles used by an establishment for transporting indi 2 viduals (not including barriers that can only be re moved through the retrofitting of vehicles by the installation 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; (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 facility, 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 enactment of this Act readily accessible to and usable by HR 2273 IH |