32 1 relay services so that such services provide individuals who 2 use nonvoice terminal devices because of disabilities with op3 portunities for communications that are equal to those provid4 ed to their customers who are able to use voice telephone 5 services. 6 (c) CONSTRUCTION.-Nothing in this title shall be con7 strued to discourage or impair the development of improved 8 or future technology designed to improve access to telecom9 munications services for individuals with disabilities. 10 SEC. 503. REGULATIONS. 11 Not later than 180 days after the date of enactment of 12 this Act, the Commission shall issue regulations to carry out 13 this title, and such regulations shall establish minimum stand14 ards and guidelines for telecommunications relay services. 15 SEC. 504. ENFORCEMENT. 16 (a) CIVIL ACTIONS.-Section 802(i), 813, and 814 (a) 17 and (d) of the Fair Housing Act (42 U.S.C. 3602(i), 3613, 18 and 3614 (a) and (d)) shall be available with respect to any 19 aggrieved individual, except that 20 21 22 23 24 25 (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 dis criminatory under this title concerning the provision of an appropriate interstate or intrastate telecommunication relay service; and HR 2273 IH 33 (2) subparagraph (B) of paragraph (1) and para graphs (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 in title IV of the Communications Act of 1934 (47 U.S.C. 401 et seq.) shall apply with respect to the en forcement 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 HR 2273 IH 34 (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 carrying 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 con sidered 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). ●HR 2273 IH 35 1 TITLE VI-MISCELLANEOUS 2 PROVISIONS 3 SEC. 601. CONSTRUCTION. 4 (a) REHABILITATION ACT OF 1973.-Nothing in this 5 Act shall be construed to reduce the scope of coverage or 6 apply a lesser standard than the coverage required or the 7 standards applied under title V of the Rehabilitation Act of 8 1973 (29 U.S.C. 790 et seq.) or the regulations issued by 9 Federal agencies pursuant to such title. 10 (b) OTHER LAWs.-Nothing in this Act shall be con11 strued to invalidate or limit any other Federal law or law of 12 any State or political subdivision of any State or jurisdiction 13 that provides greater protection for the rights of individuals 14 with disabilities than are afforded by this Act. 15 (c) RELATIONSHIP AMONG TITLES.-The require16 ments contained in titles I through V shall be construed in a 17 manner that is consistent with the other provisions of this 18 Act, and any apparent conflict between provisions of this Act 19 shall be resolved by reference to the title that specifically 20 covers the type of action in question. 21 SEC. 602. PROHIBITION AGAINST RETALIATION. 22 No individual shall discriminate against any other indi23 vidual because such other individual has opposed any act or 24 practice made unlawful by this Act or because such other 25 individual made a charge, testified, assisted, or participated HR 2273 IH 36 1 in any manner in an investigation, proceeding, or hearing 2 under this Act. 3 SEC. 603. STATE IMMUNITY. 4 A State shall not be immune under the Eleventh 5 Amendment to the Constitution of the United States from an 6 action in Federal court for a violation of this Act. In any 7 action against a State for a violation of the requirements of 8 this Act, remedies (including, remedies both at law and in 9 equity) are available for such a violation to the same extent 10 as such remedies are available for such a violation in an 11 action against any public or private entity other than a State. 12 SEC. 604. REGULATIONS BY THE ARCHITECTURAL AND TRANS 13 14 PORTATION BARRIERS COMPLIANCE BOARD. (a) ISSUANCE OF GUIDELINES.-Not later than 6 15 months after the date of enactment of this Act, the Architec16 tural and Transportation Barriers Compliance Board shall 17 issue minimum guidelines that shall supplement the existing 18 Minimum Guidelines and Requirements for Accessible Design 19 for purposes of sections 304 and 404. 20 (b) CONTENTS OF GUIDELINES.-The guidelines issued 21 under subsection (a) shall establish additional requirements, 22 consistent with this Act, to ensure that buildings, facilities, 23 and vehicles are accessible, in terms of architecture and 24 design, transportation, and communication, to individuals 25 with disabilities. ●HR 2273 IH |