From: Julie Dawson 
Subject: Equality of Opportunity -- HISTORY.TXT  (fwd)
entity through which the carrier is providing such relay
services) is in compliance with the program certified under
subsection (f) for such State.
     (d) Regulations. 
     (1) In general. The Commission shall, not later than 1 year
after the date of enactment of this section, prescribe
regulations to implement this section, including regulations
that 
     (A) establish functional requirements, guidelines, and
operations procedures for telecommunications relay services;
     (B) establish minimum standards that shall be met in
carrying out subsection (c);
     (C) require that telecommunications relay services operate
every day for 24 hours per day;
     (D) require that users of telecommunications relay services
pay rates no greater than the rates paid for functionally
equivalent voice communication services with respect to such
factors as the duration of the call, the time of day, and the
distance from point of origination to point of termination;
     (E) prohibit relay operators from failing to fulfill the
obligations of common carriers by refusing calls or limiting the
length of calls that use telecommunications relay services;
     (F) prohibit relay operators from disclosing the content of
any relayed conversation and from keeping records of the content
of any such conversation beyond the duration of the call; and
     (G) prohibit relay operators from intentionally altering a
relayed conversation.
     (2) Technology. The Commission shall ensure that regulations
prescribed to implement this section encourage, consistent with
section 7(a) of this Act, the use of existing technology and do
not discourage or impair the development of improved technology.
     (3) Jurisdictional separation of costs. 
     (A) In general. Consistent with the provisions of section
410 of this Act, the Commission shall prescribe regulations
governing the jurisdictional separation of costs for the services
provided pursuant to this section.
     (B) Recovering costs. Such regulations shall generally
provide that costs caused by interstate telecommunications relay
services shall be recovered from all subscribers for every
interstate service and costs caused by intrastate
telecommunications relay services shall be recovered from the
intrastate jurisdiction. In a State that has a certified program
under subsection (f), a State commission shall permit a common
carrier to recover the costs incurred in providing intrastate
telecommunications relay services by a method consistent with the
requirements of this section.
     (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. Any State desiring to establish a
State program under this section shall submit documentation to
the Commission that describes the program of such State for
implementing intrastate telecommunications relay services and the
procedures and remedies available for enforcing any requirements
imposed by the State program.
     (2) Requirements for certification. After review of such
documentation, the Commis sion shall certify the State program if
the Commission determines that 
     (A) the program makes available to hearing-impaired and
speech-impaired individu als, either directly, through designees,
through a competitively selected vendor, or through regulation of
intrastate common carriers, intrastate telecommunications relay
services in such State in a manner that meets or exceeds the
requirements of regulations prescribed by the Commission under
subsection (d); and
     (B) the program makes available adequate procedures and
remedies for enforcing the requirements of the State program.
     (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 certification. 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. In a State whose
program has been suspended or revoked, the Commission shall take
such steps as may be necessary, consistent with this section, to
ensure continuity of telecommunications relay services.
     (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 (f)
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 
     (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
     (ii) within a shorter period as prescribed by the
regulations of such State; or
     (B) the Commission determines that such State program is no
longer qualified for certification under subsection (f). .
     (b) Conforming Amendments. The Communications Act of 1934
(47 U.S.C. 151 et seq.) is amended 
     (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 301 .
SEC. 402. CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS.
     Section 711 of the Communications Act of 1934 is amended to
read as follows:
 SEC. 711. CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS.
     Any television public service announcement that is produced
or funded in whole or in part by any agency or instrumentality of
Federal Government shall include closed captioning of the verbal
content of such announcement. A television broadcast station
licensee 
     (1) shall not be required to supply closed captioning for
any such announcement that fails to include it; and
     (2) shall not be liable for broadcasting any such
announcement without transmitting a closed caption unless the
licensee intentionally fails to transmit the closed caption that
was included with the announcement. .
                TITLE V MISCELLANEOUS PROVISIONS
SEC. 501. CONSTRUCTION.
     (a) In General. Except as otherwise provided in this Act,
nothing in this Act shall be construed to apply a lesser standard
than the standards applied under title V of the Rehabilitation
Act of 1973 (29 U.S.C. 790 et seq.) or the regulations issued by
Federal agencies pursuant to such title.
     (b) Relationship to Other Laws. Nothing in this Act shall be
construed to invalidate or limit the remedies, rights, and
procedures of any Federal law or law of any State or political
subdivi sion of any State or jurisdiction that provides greater
or equal protection for the rights of individuals with
disabilities than are afforded by this Act. Nothing in this Act
shall be construed to preclude the prohibition of, or the
imposition of restrictions on, smoking in places of employ ment
covered by title I, in transportation covered by title II or III,
or in places of public accom modation covered by title III.
     (c) Insurance. Titles I through IV of this Act shall not be
construed to prohibit or restrict 
     (1) an insurer, hospital or medical service company, 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 inconsistent with State law; or
     (2) a person or organization covered by this Act from
establishing, sponsoring, observing or administering the terms of
a bona fide benefit plan that are based on underwriting risks,
classifying risks, or administering such risks that are based on
or not inconsistent with State law; or
     (3) a person or organization covered by this Act from
establishing, sponsoring, observing or administering the terms of
a bona fide benefit plan that is not subject to State laws that
regulate insurance.
     Paragraphs (1), (2), and (3) shall not be used as a
subterfuge to evade the purposes of title I and III.
     (d) Accommodations and Services. Nothing in this Act shall
be construed to require an individual with a disability to accept
an accommodation, aid, service, opportunity, or benefit which
such individual chooses not to accept.
SEC. 502. STATE IMMUNITY.
     A State shall not be immune under the eleventh amendment to
the Constitution of the United States from an action in Federal
or State court of competent jurisdiction for a violation of this
Act. In any action against a State for a violation of the
requirements of this Act, remedies (including remedies both at
law and in equity) are available for such a violation to the same
extent as such remedies are available for such a violation in an
action against any public or private entity other than a State.
SEC. 503. PROHIBITION AGAINST RETALIATION AND COERCION.
     (a) Retaliation. No person shall discriminate against any
individual because such individual has opposed any act or
practice made unlawful by this Act or because such individual
made a charge, testified, assisted, or participated in any manner
in an investigation, proceeding, or hearing under this Act.
     (b) Interference, Coercion, or Intimidation. It shall be
unlawful to coerce, intimidate, threaten, or interfere with any
individual in the exercise or enjoyment of, or on account of his
or her having exercised or enjoyed, or on account of his or her
having aided or encouraged any other individual in the exercise
or enjoyment of, any right granted or protected by this Act.
     (c) Remedies and Procedures. The remedies and procedures
available under sections 107, 203, and 308 of this Act shall be
available to aggrieved persons for violations of subsections (a)
and (b), with respect to title I, title II and title III,
respectively.
     SEC. 504. REGULATIONS BY TO THE ARCHITECTURAL AND
TRANSPORTATION BARRIERS COMPLIANCE BOARD.
     (a) Issuance of Guidelines. Not later than 9 months after
the date of enactment of this Act, the Architectural and
Transportation Barriers Compliance Board shall issue minimum
guidelines that shall supplement the existing Minimum Guidelines
and Requirements for Accessible Design for purposes of titles II
and III of this Act.
     (b) Contents of Guidelines. The supplemental guidelines
issued under subsection (a) shall establish additional
requirements, consistent with this Act, to ensure that buildings,
facilities, rail passenger cars, and vehicles are accessible, in
terms of architecture and design, transportation, and
communication, to individuals with disabilities.
     (c) Qualified Historic Properties 
     (1) In general. The supplemental guidelines issued under
subsection (a) shall include procedures and requirements for
alterations that will threaten or destroy the historic signifi
cance of qualified historic buildings and facilities as defined
in 4.1.7(1)(a) of the Uniform Federal Accessibility Standards.
     (2) Sites eligible for listing in national register. With
respect to alterations of buildings or facilities that are
eligible for listing in the National Register of Historic Places
under the National Historic Preservation Act (16 U.S.C. 470 et
seq.), the guidelines described in paragraph (1) shall, at a
minimum, maintain the procedures and requirements established in
4.1.7 (1) and (2) of the Uniform Federal Accessibility Standards.
     (3) Other sites. With respect to alterations of buildings or
facilities designated as historic under State or local law, the
guidelines described in paragraph (1) shall establish procedures
equivalent to those established by 4.1.7(1) (b) and (c) of the
Uniform Federal Accessibility Standards, and shall require, at a
minimum, compliance with the requirements established in 4.1.7(2)
of such standards.
SEC. 505. ATTORNEY S FEES.
     In any action or administrative proceeding commenced
pursuant to this Act, the court or agency, in its discretion, may
allow the prevailing party, other than the United States, a
reason able attorney s fee, including litigation expenses, and
costs, and the United States shall be liable for the foregoing
the same as a private individual.
SEC. 506. TECHNICAL ASSISTANCE.
     (a) Plan for Assistance. 
     (1) In general. Not later than 180 days after the date of
enactment of this Act, the Attorney General, in consultation with
the Chair of the Equal Employment Opportunity Commission, the
Secretary of Transportation, the Chair of the Architectural and
Transporta tion Barriers Compliance Board, and the Chairman of
the Federal Communications Commis sion, shall develop a plan to
assist entities covered under this Act, and other Federal
agencies, in understanding the responsibility of such entities
and agencies 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 subchapter II of chapter 5 of title 5, United
States Code (commonly known as the Administrative Procedure Act).
     (b) Agency and Public Assistance. The Attorney General may
obtain the assistance of other Federal agencies in carrying out
subsection (a), including the National Council on Disability, the
President s Committee on Employment of People with Disabilities,
the Small Business Adminis tration, and the Department of
Commerce.
     (c) Implementation. 
     (1) Rendering assistance. Each Federal agency that has
responsibility under paragraph (2) for implementing this Act may
render technical assistance to individuals and institutions that
have rights or duties under the respective title or titles for
which such agency has responsibility.
     (2) Implementation of titles. 
     (A) Title I. The Equal Employment Opportunity Commission and
the Attorney General shall implement the plan for assistance
developed under subsection (a), for title I.
     (B) Title ii. 
     (i) Subtitle a. The Attorney General shall implement such
plan for assistance for subtitle A of title II.
     (ii) Subtitle b. The Secretary of Transportation shall
implement such plan for assistance for subtitle B of title II.
     (C) Title iii. The Attorney General, in coordination with
the Secretary of Transporta tion and the Chair of the
Architectural Transportation Barriers Compliance Board, shall
implement such plan for assistance for title III, except for
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