From: Julie Dawson 
Subject: Equality of Opportunity -- HISTORY.TXT  (fwd)
use wheelchairs during the effective period of such regulations
and shall not require the purchase of boarding assistance devices
to provide access to such individuals.
     (ii) Effective period. The regulations issued pursuant to
this subparagraph shall be effective until the effective date of
the regulations issued under subparagraph (B).
     (B) Final requirement. 
     (i) Review of study and interim requirements. The Secretary
shall review the study submitted under section 305 and the
regulations issued pursuant to subparagraph (A).
     (ii) Issuance. Not later than 1 year after the date of the
submission of the study under section 305, the Secretary shall
issue in an accessible format new regulations to carry out
sections 304(b)(4) and 302(b)(2)(D)(ii) that require, taking into
account the purposes of the study under section 305 and any
recommendations resulting from such study, each private entity
which uses an over-the-road bus to provide transportation to
individuals to provide accessibility to such bus to individuals
with disabilities, including individuals who use wheelchairs.
     (iii) Effective period. Subject to section 305(d), the
regulations issued pursuant to this subparagraph shall take
effect 
     (I) with respect to small providers of transportation (as
defined by the Secre tary), 7 years after the date of the
enactment of this Act; and
     (II) with respect to other providers of transportation, 6
years after such date of enactment.
     (C) Limitation on requiring installation of accessible
restrooms. The regulations issued pursuant to this paragraph
shall not require the installation of accessible restrooms in
over-the-road buses if such installation would result in a loss
of seating capacity.
     (3) Standards. The regulations issued pursuant to this
subsection shall include standards applicable to facilities and
vehicles covered by sections 302(b)(2) and 304.
     (b) Other Provisions. Not later than 1 year after the date
of the enactment of this Act, the Attorney General shall issue
regulations in an accessible format to carry out the provisions
of this title not referred to in subsection (a) that include
standards applicable to facilities and vehicles covered under
section 302.
     (c) Consistency With ATBCB Guidelines. Standards included in
regulations issued under subsections (a) and (b) shall be
consistent with the minimum guidelines and requirements issued by
the Architectural and Transportation Barriers Compliance Board in
accordance with section 504 of this Act.
     (d) Interim Accessibility Standards. 
     (1) Facilities. If final regulations have not been issued
pursuant to this section, for new construction or alterations for
which a valid and appropriate State or local building permit is
obtained prior to the issuance of final regulations under this
section, and for which the construction or alteration authorized
by such permit begins within one year of the receipt of such
permit and is completed under the terms of such permit,
compliance with the Uniform Federal Accessibility Standards in
effect at the time the building permit is issued shall suffice to
satisfy the requirement that facilities be readily accessible to
and usable by persons with disabilities as required under section
303, except that, if such final regulations have not been issued
one year after the Architectural and Transportation Barriers
Compliance Board has issued the supplemental minimum guidelines
required under section 504(a) of this Act, compliance with such
supplemental minimum guidelines shall be necessary to satisfy the
requirement that facilities be readily accessible to and usable
by persons with disabilities prior to issuance of the final
regulations.
     (2) Vehicles and rail passenger cars. If final regulations
have not been issued pursuant to this section, a private entity
shall be considered to have complied with the requirements of
this title, if any, that a vehicle or rail passenger car be
readily accessible to and usable by individuals with
disabilities, if the design for such vehicle or car complies with
the laws and regulations (including the Minimum Guidelines and
Requirements for Accessible Design and such supplemental minimum
guidelines as are issued under section 504(a) of this Act)
governing accessibility of such vehicles or cars, to the extent
that such laws and regulations are not inconsistent with this
title and are in effect at the time such design is substantially
completed.
SEC. 307. EXEMPTIONS FOR PRIVATE CLUBS AND RELIGIOUS
ORGANIZATIONS.
     The provisions of this title shall not apply to private
clubs or establishments exempted from coverage under title II of
the Civil Rights Act of 1964 (42 U.S.C. 2000-a(e)) or to
religious organizations or entities controlled by religious
organizations, including places of worship.
SEC. 308. ENFORCEMENT.
     (a) In General. 
     (1) Availability of remedies and procedures. The remedies
and procedures set forth in section 204(a) of the Civil Rights
Act of 1964 (42 U.S.C. 2000a-3(a)) are the remedies and
procedures this title provides to any person who is being
subjected to discrimination on the basis of disability in
violation of this title or who has reasonable grounds for
believing that such person is about to be subjected to
discrimination in violation of section 303. Nothing in this
section shall require a person with a disability to engage in a
futile gesture if such person has actual notice that a person or
organization covered by this title does not intend to comply with
its provisions.
     (2) Injunctive relief. In the case of violations of sections
302(b)(2)(A)(iv) and section 303(a), injunctive relief shall
include an order to alter facilities to make such facilities
readily accessible to and usable by individuals with disabilities
to the extent required by this title. Where appropriate,
injunctive relief shall also include requiring the provision of
an auxiliary aid or service, modification of a policy, or
provision of alternative methods, to the extent required by this
title.
     (b) Enforcement by the Attorney General. 
     (1) Denial of rights. 
     (A) Duty to investigate. 
     (i) In general. The Attorney General shall investigate
alleged violations of this title, and shall undertake periodic
reviews of compliance of covered entities under this title.
     (ii) Attorney general certification. On the application of a
State or local govern ment, the Attorney General may, in
consultation with the Architectural and Transpor tation Barriers
Compliance Board, and after prior notice and a public hearing at
which persons, including individuals with disabilities, are
provided an opportunity to testify against such certification,
certify that a State law or local building code or similar
ordinance that establishes accessibility requirements meets or
exceeds the minimum requirements of this Act for the
accessibility and usability of covered facilities under this
title. At any enforcement proceeding under this section, such
certification by the Attorney General shall be rebuttable
evidence that such State law or local ordinance does meet or
exceed the minimum requirements of this Act.
     (B) Potential violation. If the Attorney General has
reasonable cause to believe that 
     (i) any person or group of persons is engaged in a pattern
or practice of discrimi nation under this title; or
     (ii) any person or group of persons has been discriminated
against under this title and such discrimination raises an issue
of general public importance, the Attorney General may commence a
civil action in any appropriate United States district court.
     (2) Authority of court. In a civil action under paragraph
(1)(B), the court 
     (A) may grant any equitable relief that such court considers
to be appropriate, including, to the extent required by this
title 
     (i) granting temporary, preliminary, or permanent relief;
     (ii) providing an auxiliary aid or service, modification of
policy, practice, or procedure, or alternative method; and
     (iii) making facilities readily accessible to and usable by
individuals with disabili ties;
     (B) may award such other relief as the court considers to be
appropriate, including monetary damages to persons aggrieved when
requested by the Attorney General; and
     (C) may, to vindicate the public interest, assess a civil
penalty against the entity in an amount 
     (i) not exceeding $50,000 for a first violation; and
     (ii) not exceeding $100,000 for any subsequent violation.
     (3) Single violation. For purposes of paragraph (2)(C), in
determining whether a first or subsequent violation has occurred,
a determination in a single action, by judgment or settlement,
that the covered entity has engaged in more than one
discriminatory act shall be counted as a single violation.
     (4) Punitive damages. For purposes of subsection (b)(2)(B),
the term  monetary damages  and  such other relief  does not
include punitive damages.
     (5) Judicial consideration. In a civil action under
paragraph (1)(B), the court, when considering what amount of
civil penalty, if any, is appropriate, shall give consideration
to any good faith effort or attempt to comply with this Act by
the entity. In evaluating good faith, the court shall consider,
among other factors it deems relevant, whether the entity could
have reasonably anticipated the need for an appropriate type of
auxiliary aid needed to accommodate the unique needs of a
particular individual with a disability.
SEC. 309. EXAMINATIONS AND COURSES.
     Any person that offers examinations or courses related to
applications, licensing, certification, or credentialing for
secondary or postsecondary education, professional, or trade
purposes shall offer such examinations or courses in a place and
manner accessible to persons with disabilities or offer
alternative accessible arrangements for such individuals.
SEC. 310. EFFECTIVE DATE.
     (a) General Rule. Except as provided in subsections (b) and
(c), this title shall become effective 18 months after the date
of the enactment of this Act.
     (b) Civil Actions. Except for any civil action brought for a
violation of section 303, no civil action shall be brought for
any act or omission described in section 302 which occurs 
     (1) during the first 6 months after the effective date,
against businesses that employ 25 or fewer employees and have
gross receipts of $1,000,000 or less; and
     (2) during the first year after the effective date, against
businesses that employ 10 or fewer employees and have gross
receipts of $500,000 or less.
     (c) Exception. Sections 302(a) for purposes of section
302(b)(2) (B) and (C) only, 304(a) for purposes of section
304(b)(3) only, 304(b)(3), 305, and 306 shall take effect on the
date of the enactment of this Act.
                   TITLE IV TELECOMMUNICATIONS
     SEC. 401. TELECOMMUNICATIONS RELAY SERVICES FOR
HEARING-IMPAIRED AND SPEECH-IMPAIRED INDIVIDUALS.
     (a) Telecommunications. Title II of the Communications Act
of 1934 (47 U.S.C. 201 et seq.) is amended by adding at the end
thereof the following new section:
      SEC. 225. TELECOMMUNICATIONS SERVICES FOR HEARING-IMPAIRED
AND SPEECH-IMPAIRED INDIVIDUALS.
     (a) Definitions. As used in this section 
     (1) Common carrier or carrier. The term  common carrier  or
 carrier  includes any common carrier engaged in interstate
communication by wire or radio as defined in section 3(h) and any
common carrier engaged in intrastate communication by wire or
radio, notwith standing sections 2(b) and 221(b).
     (2) TDD. The term  TDD  means a Telecommunications Device
for the Deaf, which is a machine that employs graphic
communication in the transmission of coded signals through a wire
or radio communication system.
     (3) Telecommunications relay services. The term
 telecommunications relay services  means telephone transmission
services that provide the ability for an individual who has a
hearing impairment or speech impairment to engage in
communication by wire or radio with a hearing individual in a
manner that is functionally equivalent to the ability of an
individual who does not have a hearing impairment or speech
impairment to communicate using voice communication services by
wire or radio. Such term includes services that enable two-way
communication between an individual who uses a TDD or other
nonvoice terminal device and an individual who does not use such
a device.
     (b) Availability of Telecommunications Relay Services. 
     (1) In general. In order to carry out the purposes
established under section 1, to make available to all individuals
in the United States a rapid, efficient nationwide communication
service, and to increase the utility of the telephone system of
the Nation, the Commission shall ensure that interstate and
intrastate telecommunications relay services are available, to
the extent possible and in the most efficient manner, to
hearing-impaired and speech-impaired individuals in the United
States.
     (2) Use of General Authority and Remedies. For the purposes
of administering and enforcing the provisions of this section and
the regulations prescribed thereunder, the Commission shall have
the same authority, power, and functions with respect to common
carriers engaged in intrastate communication as the Commission
has in administering and enforcing the provisions of this title
with respect to any common carrier engaged in interstate
communication. Any violation of this section by any common
carrier engaged in intrastate communication shall be subject to
the same remedies, penalties, and procedures as are applicable to
a violation of this Act by a common carrier engaged in interstate
communication.
     (c) Provision of Services. Each common carrier providing
telephone voice transmission services shall, not later than 3
years after the date of enactment of this section, provide in
compliance with the regulations prescribed under this section,
throughout the area in which it offers service,
telecommunications relay services, individually, through
designees, through a competitively selected vendor, or in concert
with other carriers. A common carrier shall be considered to be
in compliance with such regulations 
     (1) with respect to intrastate telecommunications relay
services in any State that does not have a certified program
under subsection (f) and with respect to interstate telecommunica
tions relay services, if such common carrier (or other entity
through which the carrier is providing such relay services) is in
compliance with the Commission s regulations under subsection
(d); or
     (2) with respect to intrastate telecommunications relay
services in any State that has a certified program under
subsection (f) for such State, if such common carrier (or other
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