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Subject: English Braille Text Of Ada Law (7 of 8)
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Date: 19 Dec 90 05:25:09 GMT
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Index Number: 12526

(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
subdivision 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 employment covered by title
I, in transportation covered by title II or III, or in places of
public accommodation 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 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 significance
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 reasonable
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
Transportation Barriers Compliance Board, and the Chairman of the
Federal Communications Commission, 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 Administration, 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 Transportation and the Chair of the Architectural
Transportation Barriers Compliance Board, shall implement such plan
for assistance for title III, except for section 304, the plan for
assistance for which shall be implemented by the Secretary of
Transportation.
          (D) Title IV. The Chairman of the Federal Communications
Commission, in coordination with the Attorney General, shall
implement such plan for assistance for title IV.
     (3) Technical assistance manuals. Each Federal agency that has
responsibility under paragraph (2) for implementing this Act shall,
as part of its implementation responsibilities, ensure the
availability and provision of appropriate technical assistance
manuals to individuals or entities with rights or duties under this
Act no later than six months after applicable final regulations are
published under titles I, II, III, and IV.

(d) Grants and Contracts.
     (1) In general. Each Federal agency that has responsibility
under subsection (c)(2) for implementing this Act may make grants
or award contracts to effectuate the purposes of this section,
subject to the availability of appropriations. Such grants and
contracts may be awarded to individuals, institutions not organized
for profit and no part of the net earnings of which inures to the
benefit of any private shareholder or individual (including
educational institutions), and associations representing
individuals who have rights or duties under this Act. Contracts may
be awarded to entities organized for profit, but such entities may
not be the recipients or grants described in this paragraph.
     (2) Dissemination of information. Such grants and contracts,
among other uses, may be designed to ensure wide dissemination of
information about the rights and duties established by this Act and
to provide information and technical assistance about techniques
for effective compliance with this Act.
(e) Failure to Receive Assistance. An employer, public
accommodation, or other entity covered under this Act shall not be
excused from compliance with the requirements of this Act because
of any failure to receive technical assistance under this section,
including any failure in the development or dissemination of any
technical assistance manual authorized by this section.

 Sec. 507. FEDERAL WILDERNESS AREAS.

(a) Study. The National Council on Disability shall conduct a study
and report on the effect that wilderness designations and
wilderness land management practices have on the ability of
individuals with disabilities to use and enjoy the National
Wilderness Preservation System as established under the Wilderness
Act (16 U.S.C. 1131 et seq.).

(b) Submission of Report. Not later than 1 year after the enactment
of this Act, the National Council on Disability shall submit the
report required under subsection (a) to Congress.

(c) Specific Wilderness Access.
     (1) In general. Congress reaffirms that nothing in the
Wilderness Act is to be construed as prohibiting the use of a
wheelchair in a wilderness area by an individual whose disability
requires use of a wheelchair, and consistent with the Wilderness
Act no agency is required to provide any form of special treatment
or accommodation, or to construct any facilities or modify any
conditions of lands within a wilderness area in order to facilitate
such use.
     (2) Definition. For purposes of paragraph (1), the term
``wheelchair'' means a device designed solely for use by a
mobility-impaired person for locomotion, that is suitable for use
in an indoor pedestrian area.

Sec. 508. TRANSVESTITES.

For the purposes of this Act, the term ``disabled'' or
``disability'' shall not apply to an individual solely because that
individual is a transvestite.

Sec. 509. COVERAGE OF CONGRESS AND THE AGENCIES OF THE LEGISLATIVE
     BRANCH.

(a) Coverage of the Senate.

     (1) Commitment to Rule XLII. The Senate reaffirms its
commitment to Rule XLII of the Standing Rules of the Senate which
provides as follows:
"No member, officer, or employee of the Senate shall, with respect
to employment by the Senate or any office thereof
          "(a) fail or refuse to hire an individual;
          "(b) discharge an individual; or
          "(c) otherwise discriminate against an individual with
respect to promotion, compensation, or terms, conditions, or
privileges of employment on the basis of such individual's race,
color, religion, sex, national origin, age, or state of physical
handicap.".

     (2) Application to Senate employment. The rights and
protections provided pursuant to this Act, the Civil Rights Act of
1990 (S. 2104, 101st Congress), the Civil Rights Act of 1964, the
Age Discrimination in Employment Act of 1967, and the
Rehabilitation Act of 1973 shall apply with respect to employment
by the United States Senate.

     (3) Investigation and adjudication of claims. All claims
raised by any individual with respect to Senate employment,
pursuant to the Acts referred to in paragraph (2), shall be
investigated and adjudicated by the Select Committee on Ethics,
pursuant to S. Res. 338, 88th Congress, as amended, or such other
entity as the Senate may designate.

     (4) Rights of employees. The Committee on Rules and
Administration shall ensure that Senate employees are informed of
their rights under the Acts referred to in paragraph (2).

     (5) Applicable Remedies. When assigning remedies to
individuals found to have a valid claim under the Acts referred to
in paragraph (2), the Select Committee on Ethics, or such other
entity as the Senate may designate, should to the extent
practicable apply the same remedies applicable to all other
employees covered by the Acts referred to in paragraph (2). Such
remedies shall apply exclusively.

     (6) Matters Other Than Employment.
          (A) In General. The rights and protections under this Act
shall, subject to subparagraph (B), apply with respect to the
conduct of the Senate regarding matters other than employment.
          (B) Remedies. The Architect of the Capitol shall
establish remedies and procedures to be utilized with respect to
the rights and protections provided pursuant to subparagraph (A).
Such remedies and procedures shall apply exclusively, after
approval in accordance with subparagraph (C).
(C) Proposed remedies and procedures. For purposes of subparagraph
(B), the Architect of the Capitol shall submit proposed remedies
and procedures to the Senate Committee on Rules and Administration.
The remedies and procedures shall be effective upon the approval of
the Committee on Rules and Administration.

     (7) Exercise of rulemaking power. Notwithstanding any other
provision of law, enforcement and adjudication of the rights and
protections referred to in paragraph (2) and (6)(A) shall be within
the exclusive jurisdiction of the United States Senate. The
provisions of paragraph (1), (3), (4), (5), (6)(B), and (6)(C) are
enacted by the Senate as an exercise of the rulemaking power of the
Senate, with full recognition of the right of the Senate to change
its rules, in the same manner, and to the same extent, as in the
case of any other rule of the Senate.

(b) Coverage of the House of Representatives.

     (1) In general. Notwithstanding any other provision of this
Act or of law, the purposes of this Act shall, subject to
paragraphs (2) and (3), apply in their entirety to the House of
Representatives.

     (2) Employment in the house.
          (A) Application. The rights and protections under this
Act shall, subject to subparagraph (B), apply with respect to any
employee in an employment position in the House of Representatives
and any employing authority of the House of Representatives.
          (B) Administration.
          (i) In general. In the administration of this paragraph,
the remedies and procedures made applicable pursuant to the
resolution described in clause (ii) shall apply exclusively.
          (ii) Resolution. The resolution referred to in clause (i)
is House Resolution 15 of the One Hundred First Congress, as agreed
to January 3, 1989, or any other provision that continues in effect
the provisions of, or is a successor to, the Fair Employment
Practices Resolution (House Resolution 558 of the One Hundredth
Congress, as agreed to October 4, 1988).
          (C) Exercise of rulemaking power. The provisions of
subparagraph (B) are enacted by the House of Representatives as an
exercise of the rulemaking power of the House of Representatives,
with full recognition of the right of the House to change its
rules, in the same manner, and to the same extent as in the case of
any other rule of the House.

     (3) Matters other than employment.
          (A) In general. The rights and protections under this Act
shall, subject to subparagraph (B), apply with respect to the
conduct of the House of Representatives regarding matters other
than employment.
          (B) Remedies. The Architect of the Capitol shall
establish remedies and procedures to be utilized with respect to
the rights and protections provided pursuant to subparagraph (A).
Such remedies and procedures shall apply exclusively, after
approval in accordance with subparagraph (C).
          (C) Approval. For purposes of subparagraph (B), the
Architect of the Capitol shall submit proposed remedies and
procedures to the Speaker of the House of Representatives. The
remedies and procedures shall be effective upon the approval of the
Speaker, after consultation with the House Office Building
Commission.

(c) Instrumentalities of Congress.

     (1) In general. The rights and protections under this Act
shall, subject to paragraph (2), apply with respect to the conduct
of each instrumentality of the Congress.

End of part 7