60 1 Provided, That paragraphs (1), (2), and (3) are not used as a 2 subterfuge to evade the purposes of title I and III. 3 SEC. 502. PROHIBITION AGAINST RETALIATION AND COER 4 5 CION. (a) RETALIATION.-No individual shall discriminate 6 against any other individual because such other individual 7 has opposed any act or practice made unlawful by this Act or 8 because such other individual made a charge, testified, assist9 ed, or participated in any manner in an investigation, pro10 ceeding, or hearing under this Act. 11 (b) INTERFERENCE, COERCION, OR INTIMIDATION.—It 12 shall be unlawful to coerce, intimidate, threaten, or interfere 13 with any person in the exercise or enjoyment of, or on ac14 count of his or her having exercised or enjoyed, or on account 15 of his or her having aided or encouraged any other person in 16 the exercise or enjoyment of, any right granted or protected 17 by this Act. 18 (c) REMEDIES AND PROCEDURES.-The remedies and 19 procedures available under sections 107, 205, and 308 of this 20 Act shall be available to aggrieved persons for violations of 21 subsections (a) and (b). 22 SEC. 503. STATE IMMUNITY. 23 A State shall not be immune under the eleventh amend24 ment to the Constitution of the United States from an action 25 in Federal court for a violation of this Act. In any action ●S 933 PP 61 1 against a State for a violation of the requirements of this Act, 2 remedies (including remedies both at law and in equity) are 3 available for such a violation to the same extent as such rem4 edies are available for such a violation in an action against 5 any public or private entity other than a State. 6 SEC. 504. REGULATIONS BY THE ARCHITECTURAL AND TRANS 7 8 PORTATION BARRIERS COMPLIANCE BOARD. (a) ISSUANCE OF GUIDELINES.-Not later than 6 9 months after the date of enactment of this Act, the Architec10 tural and Transportation Barriers Compliance Board shall 11 issue minimum guidelines that shall supplement the existing 12 Minimum Guidelines and Requirements for Accessible Design 13 for purposes of titles II and III. 14 (b) CONTENTS OF GUIDELINES.-The guidelines issued 15 under subsection (a) shall establish additional requirements, 16 consistent with this Act, to ensure that buildings, facilities, 17 and vehicles are accessible, in terms of architecture and 18 design, transportation, and communication, to individuals 19 with disabilities. 20 SEC. 505. ATTORNEY'S FEES. 21 In any action or administrative proceeding commenced 22 pursuant to this Act, the court or agency, in its discretion, 23 may allow the prevailing party, other than the United States, 24 a reasonable attorney's fee, including litigation expenses, and OS 933 PP 62 1 costs, and the United States shall be liable for the foregoing 2 the same as a private individual. 3 SEC. 506. TECHNICAL ASSISTANCE. 4 5 6 7 8 (a) PLAN FOR ASSISTANCE. (1) IN GENERAL.-Not later than 180 days after the date of enactment of this Act, the Attorney Gener- · al, in consultation with the Chairman of the Equal Employment Opportunity Commission, the Secretary of 9 Transportation, the National Council on Disability, the Chairperson of the Architectural and Transportation Barriers Compliance Board, and the Chairman of Federal Communications Commission, shall develop a plan 10 11 12 13 14 15 16 17 18 19 20 21 to assist entities covered under this Act, along with other executive agencies and commissions, in understanding the responsibility of such entities, agencies, and commissions under this Act. (2) PUBLICATION OF PLAN.-The Attorney General shall publish the plan referred to in paragraph (1) for public comment in accordance with the Administrative Procedure Act (5 U.S.C. 551 et seq.). (b) AGENCY AND PUBLIC ASSISTANCE.-The Attorney 22 General is authorized to obtain the assistance of other Feder23 al agencies in carrying out subsection (a), including the Na24 tional Council on Disability, the President's Committee on ●S 933 PP 63 1 Employment of People with Disabilities, the Small Business 2 Administration, and the Department of Commerce. 3 (c) IMPLEMENTATION. (1) AUTHORITY TO CONTRACT.-Each depart ment or agency that has responsibility for implement ing this Act may render technical assistance to individuals and institutions that have rights or responsibilities under this Act. (2) IMPLEMENTATION OF TITLES.— (A) TITLE I.-The Equal Employment Opportunity Commission and the Attorney General shall implement the plan for assistance, as de scribed in subsection (a), for title I. (B) TITLE II. (i) IN GENERAL.-Except as provided for in clause (ii), the Attorney General shall implement such plan for assistance for title II. (ii) EXCEPTION.-The Secretary of Transportation shall implement such plan for assistance for section 203. (C) TITLE III.-The Attorney General, in coordination with the Secretary of Transportation and the Chairperson of the Architectural Trans ●S 933 PP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 56 tion would unduly burden one or more common carriers, the Commission may extend the date for full com pliance by such carrier for a period not to exceed 1 additional year. "(e) ENFORCEMENT. “(1) IN GENERAL.-Subject to subsections (f) and (g), the Commission shall enforce this section. "(2) COMPLAINT.-The Commission shall resolve, by final order, a complaint alleging a violation of this section within 180 days after the date such complaint is filed. "(f) CERTIFICATION. “(1) STATE DOCUMENTATION.—Each State may submit documentation to the Commission that describes the program of such State for implementing intrastate telecommunications relay services. "(2) REQUIREMENTS FOR CERTIFICATION. After review of such documentation, the Commission shall certify the State program if the Commission de20 termines that the program makes available to hearingimpaired and speech-impaired individuals either directly, through designees, or through regulation of intrastate common carriers, intrastate telecommunications relay services in such State in a manner that meets the 222 23 24 08 933 PP |