1 2 3 4 5 6 7 8 9 10 11 12 13 35 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 con sidered a separate offense. Such for (C) RECOVERING FORFEITURES. feitures 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. 15 (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. 21 (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. HR 2273 SC 36 (c) RELATIONSHIP AMONG TITLES.-The require 2 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. 8 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. HR 2273 SC 37 1 SEC. 604. REGULATIONS BY THE ARCHITECTURAL AND TRANS PORTATION BARRIERS COMPLIANCE BOARD. 2 3 (a) ISSUANCE OF GUIDELINES.-Not later than 6 4 months after the date of enactment of this Act, the Architec5 tural and Transportation Barriers Compliance Board shall 6 issue minimum guidelines that shall supplement the existing 7 Minimum Guidelines and Requirements for Accessible Design 8 for purposes of sections 304 and 404. 9 (b) CONTENTS of Guidelines.—The guidelines issued 10 under subsection (a) shall establish additional requirements, 11 consistent with this Act, to ensure that buildings, facilities, 12 and vehicles are accessible, in terms of architecture and 13 design, transportation, and communication, to individuals 14 with disabilities. 15 SEC. 605. ATTORNEY'S FEES. 16 In any action or administrative proceeding commenced 17 pursuant to this Act, the court, or agency, in its discretion, 18 may allow the prevailing party, other than the United States, 19 a reasonable attorney's fee, including litigation expenses, and 20 costs, and the United States shall be liable for the foregoing 21 the same as a private individual. 22 SEC. 606. EFFECTIVE DATE. 23 This Act shall become effective on the date of 24 enactment. HR 2273 SC AMERICANS WITH DISABILITIES ACT WEDNESDAY, SEPTEMBER 20, 1989 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON SURFACE TRANSPORTATION, COMMITTEE ON PUBLIC WORKS AND TRANSPORTATION, Washington, DC. The Subcommittee met, pursuant to notice, at 10:38 a.m., in room 2167, Rayburn House Office Building, Hon. Norman Y. Mineta, Chairman of the Subcommittee, presiding. Mr. MINETA. The Surface Transportation Subcommittee will please come to order. I apologize for this delay. We just swore in two new members of the House of Representatives, a gentlemen, Mr. Geren from Texas, and Mr. Gary Condit from California. I, unfortunately, was delayed. Today, as all of you know, we do begin our hearings on H.R. 2273, the Americans With Disabilities Act. Before proceeding, I would like to recognize the presence of Mr. Anderson, the Chairman of the full Committee on Public Works and Transportation. We are pleased to have you here, Mr. Chairman. At this time, I would like to yield to you. The CHAIRMAN. Thank you, Mr. Chairman. I am very pleased to participate in this hearing today. The Subcommittee on Surface Transportation has always prided itself on its ability to keep America on the move by providing funding for transportation programs which enhance the lives of all Americans. Therefore, I am especially pleased to continue this great tradition by fully supporting this effort to extend mobility rights to the forty-three million disabled Americans across the country. After all, mobility for all Americans is really what this hearing is about. The Americans With Disabilities Act has simple internal logic which is hard to fault. Those members of the disability community who can use fixedroute lift-equipped buses will be able to do so. Those who cannot otherwise use the fixed-route system will use alternative paratransit systems. This simple logic has been lacking in our earlier attempts to address this issue. That is why we have such a long and tangled legal history of court decisions dealing with accessibility regulations in this country today. That is also a reason for us to insure that we craft a bill which not only looks good on paper but is also one which can be implemented in the real world. I believe that we can achieve this goal by pursuing a bill along the lines of the one passed by the Senate, which also has the full support of President George Bush. (1) |