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"(3) METHOD OF FUNDING.-Except as provided in subsection (d), the Commission shall not refuse to certify a State program based solely on the method such State will implement for funding intrastate telecommunication relay services.

"(4) SUSPENSION OR REVOCATION OF CERTIFI

SION ORREVOCA TON O

CERTI

CATION.—The Commission may suspend or revoke

such certification if, after notice and opportunity for hearing, the Commission determines that such certification is no longer warranted. "(g) COMPLAINT.

"(1) REFERRAL OF COMPLAINT.—If a complaint to the Commission alleges a violation of this section with respect to intrastate telecommunications relay services within a State and certification of the program of such State under subsection (1) is in effect, the Commission shall refer such complaint to such State.

“(2) JURISDICTION OF COMMISSION.—After referring a complaint to a State under paragraph (1), the Commission shall exercise jurisdiction over such complaint only if

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“(A) final action under such State program has not been taken on such complaint by such State

"(i) within 180 days after the complaint is filed with such State; or

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12 tions Act of 1934 (47 U.S.C. 151 et seq.) is amended-
13 (1) in section 2(b) (47 U.S.C. 152(b)), by striking

"section 224” and inserting “sections 224 and 225";

and

(2) in section 221(b) (47 U.S.C. 221(b)), by striking "section 301" and inserting "sections 225 and

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TITLE V-MISCELLANEOUS

PROVISIONS 21 SEC. 501. CONSTRUCTION. 22 (a) REHABILITATION ACT OF 1973.—Nothing in this 23 Act shall be construed to reduce the scope of coverage or 24 apply a lesser standard than the coverage required or the 25 standards applied under title V of the Rehabilitation Act of

ABI

8 983 PP

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1 1973 (29 U.S.C. 790 et seq.) or the regulations issued by

2 Federal agencies pursuant to such title. 3 (b) OTHER LAWS.—Nothing in this Act shall be con4 strued to invalidate or limit any other Federal law or law of

5 any State or political subdivision of any State or jurisdiction

6 that provides greater or equal protection for the rights of 7 individuals with disabilities than are afforded by this Act. 8 (c) INSURANCE.—Titles I through IV of this Act shall

9 not be construed to prohibit or restrict

(1) an insurer, hospital or medical service compa

ny, health maintenance organization, or any agent, or

entity that administers benefit plans, or similar organizations from underwriting risks, classifying risks, or administering such risks that are based on or not incon

sistent with State law; or

(2) a person or organization covered by this Act

from establishing, sponsoring, observing or administer

ing the terms of a bona fide benefit plan that are based

on underwriting risks, classifying risks, or administer

ing such risks that are based on or not inconsistent

with State law;

(3) a person or organization covered by this Act

from establishing, sponsoring, observing or administer

ing the terms of a bona fide benefit plan that is not subject to State laws that regulate insurance:

38 933 PP

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1 Provided, That paragraphs (1), (2), and (3) are not used as a

2 subterfuge to evade the purposes of title I and II.

3 SEC. 502. PROHIBITION AGAINST RETALIATION AND COER

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CION. (a) RETALIATION.-No individual shall discriminate

5

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, assist

9 ed, or participated in any manner in an investigation, pro

10 ceeding, or hearing under this Act.

11

(b) INTERFERENCE, COERCION, OR INTIMIDATION.-It

enco

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 amend

24 ment to the Constitution of the United States from an action

25 in Federal court for a violation of this Act. In any action

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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 rem

4 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

PORTATION BARRIERS COMPLIANCE BOARD.

(a) ISSUANCE OF GUIDELINES.—Not later than 6 9 months after the date of enactment of this Act, the Architec

10 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

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