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发表于 2003-12-25 04:22
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 (1) General rule.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Transportation shall issue
regulations in an accessible format to carry out sections 302(b)(2) (B)
and (C) and to carry out section 304 (other than subsection (b)(4)).
(2) Special rules for providing access to over-the-road buses.--
(A) Interim requirements.--
(i) Issuance.--Not later than 1 year after the date of the
enactment of thisividuals with disabilities.
(c) Qualified Historic Properties.--
(1) In general.--The supplemental guidelines issued under subsection
(a) shall include pro 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 ind), 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.
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