; or (H) otherwise exercises powers traditionally reserved to the United States or to State or local government. (3) Presumption A private person or entity is presumed to be acting under color of law when, pursuant to a contract or other legally binding agreement with the United States or with a State or local government, the private person or entity exercises any power of the United States or of that State or local government or the private person or entity otherwise undertakes the administration, operations, or other activities of: the judiciary, law enforcement, public education, jails or prisons, elections, municipal water services, municipal waste removal, evictions, public parks, or public benefits programs. (4) No defense of qualified immunity Qualified immunity is not a defense in an action brought against any person who under color of any statute, ordinance, regulation, custom, or usage, of the United States or of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws. (5) Respondeat superior In the case of any official of any political subdivision of the United States or of a State, if that official, acting under color of law, violates any provision of this Act, that official shall be amenable to any suit under this Act, and the political subdivision may be held liable for the acts of that official, whether acting in his or her official or individual capacity. 10. Explicit inclusion of rulemakings Section 1003(a)(1) of the Rehabilitation Act Amendments of 1986 ( 42 U.S.C. 2000d–7(a)(1) ) is amended by inserting before the period at the end the following: (including the provisions of any rule made to implement any of the foregoing statutes) . 11. Construction (a) Relief Nothing in this Act, including any amendment made by this Act, shall be construed to limit the scope of, or the relief available