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1 viduals who use nonvoice terminal devices because of disabil2 ities with opportunities for communications that are equal to 3 those provided to their customers who are able to use voice 4 telephone services, except that it shall not be considered dis5 crimination for such a common carrier to fail to provide such 6 services in any State to which subsection (b) applies if such 7 services are provided under subsection (b).

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(b) STATE DISCRIMINATION.-It shall be considered 9 discrimination by a State, that designates an entity to provide 10 interstate or intrastate telecommunication relay services to 11 individuals throughout the entire State in a manner consist12 ent with regulations issued by the Commission, for purposes 13 of this Act, for such State, through the designated entity, to 14 fail to provide, not later than 1 year after the date of enact15 ment of this Act, interstate or intrastate telecommunication 16 relay services so that such services provide individuals who 17 use nonvoice terminal devices because of disabilities with op18 portunities for communications that are equal to those provid19 ed to their customers who are able to use voice telephone 20 services.

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(c) CONSTRUCTION.-Nothing in this title shall be con22 strued to discourage or impair the development of improved 23 or future technology designed to improve access to telecom24 munications services for individuals with disabilities.

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1 SEC. 503. REGULATIONS.

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Not later than 180 days after the date of enactment of 3 this Act, the Commission shall issue regulations to carry out 4 this title, and such regulations shall establish minimum stand5 ards and guidelines for telecommunications relay services. 6 SEC. 504. ENFORCEMENT.

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(a) CIVIL ACTIONS.-Section 802(i), 813, and 814 (a)

8 and (d) of the Fair Housing Act (42 U.S.C. 3602(i), 3613, 9 and 3614 (a) and (d)) shall be available with respect to any 10 aggrieved individual, 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 the provision of an appropriate interstate or intrastate telecommunication relay service; and

(2) subparagraph (B) of paragraph (1) and paragraphs (2) and (3) of subsection (a) and subsection (d)

of section 813 shall not apply.

(b) ADMINISTRATIVE ENFORCEMENT.

(1) IN GENERAL.-The Commission shall enforce

the provisions of this title.

(2) APPLICABLE ENFORCEMENT PROVISIONS.— The remedies, procedures, and rights set forth in sections 206, 207, 208, and 209 of the Communications

Act of 1934 (47 U.S.C. 206, 207, 208, and 209) and

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1 in title IV of the Communications Act of 1934 (47

U.S.C. 401 et seq.) shall apply with respect to the enforcement of this title, except that nothing in this subsection shall be construed to limit or restrict in any manner the remedies, procedures, or rights set forth in subsection (a).

(3) CEASE AND DESIST ORDERS.-Whenever, after full opportunity for hearing, on a complaint or under an order for investigation and hearing made by the Commission on the initiative of the Commission, the Commission shall be of the opinion that any carrier, or any State as described in section 502(b), is or will be in violation of this title or of any regulation

issued under this title, the Commission shall

(A) order that the carrier or State cease and desist from such violation to the extent that the Commission finds that such violation exists or will exist; and

(B) take other actions as it finds appropriate

and necessary.

(4) PENALTIES.—

(A) IN GENERAL.-Any carrier or State to which section 502(b) applies that knowingly fails

or neglects to comply with this title or of any reg

ulation or order made by the Commission in car

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rying out this title shall forfeit to the United States the sum of $10,000 for each such offense.

(B) SEPARATE OFFENSES.-Each distinct violation of the provisions of this title shall be a

separate offense under subparagraph (A). In case of a continuing violation, each day shall be considered a separate offense.

(C) RECOVERING FORFEITURES.-Such forfeitures shall be payable and recoverable in the same manner as prescribed in section 504 of the Communications Act of 1934 (47 U.S.C. 504). TITLE VI-MISCELLANEOUS

PROVISIONS

14 SEC. 601. CONSTRUCTION.

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(a) REHABILITATION ACT OF 1973.-Nothing in this 16 Act shall be construed to reduce the scope of coverage or 17 apply a lesser standard than the coverage required or the 18 standards applied under title V of the Rehabilitation Act of 19 1973 (29 U.S.C. 790 et seq.) or the regulations issued by 20 Federal agencies pursuant to such title.

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(b) OTHER LAWs.-Nothing in this Act shall be con22 strued to invalidate or limit any other Federal law or law of 23 any State or political subdivision of any State or jurisdiction 24 that provides greater protection for the rights of individuals 25 with disabilities than are afforded by this Act.

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1

(c) RELATIONSHIP AMONG TITLES.-The require2 ments contained in titles I through V shall be construed in a 3 manner that is consistent with the other provisions of this 4 Act, and any apparent conflict between provisions of this Act 5 shall be resolved by reference to the title that specifically 6 covers the type of action in question.

7 SEC. 602. PROHIBITION AGAINST RETALIATION.

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No individual shall discriminate against any other indi9 vidual because such other individual has opposed any act or 10 practice made unlawful by this Act or because such other 11 individual made a charge, testified, assisted, or participated

12 in any manner in an investigation, proceeding, or hearing 13 under this Act.

14 SEC. 603. STATE IMMUNITY.

15 A State shall not be immune under the Eleventh 16 Amendment to the Constitution of the United States from an 17 action in Federal court for a violation of this Act. In any 18 action against a State for a violation of the requirements of 19 this Act, remedies (including remedies both at law and in 20 equity) are available for such a violation to the same extent 21 as such remedies are available for such a violation in an 22 action against any public or private entity other than a State.

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