in continuing their isolation from everyday American life. The Administration views this provision of the Americans with Disabilities Act as a key component of the bill. Approximately 35% of the buses used in urban mass transit in this country are already accessible. Because the average life of a bus is 12 years, accessible bus transportation would become a reality in this country in a relatively short period of time. In addition, the Administration is pleased that the Americans with Disabilities Act requires the provision of supplementary paratransit services. Approximately 75% of all transit agencies already provide paratransit services. The Americans with Disabilities Act would permit paratransit services that supplement, rather than duplicate, the fixed-route bus service. Further, under the Americans with Disabilities Act, paratransit services need only be provided to those disabled persons who are unable to use mainline accessible transportation. Thus, those persons whose physical or mental disability is so severe that they are unable to use the accessible mainline bus system will be eligible to gain access to their community through paratransit services. Again, the Americans with Disabilities Act wisely recognizes the cost implications of paratransit service. If providing paratransit services at a level that is comparable to the · 12 accessible fixed route system is so costly that it results in undue financial burden on the local transit authority, the local government can provide a reduced level of services. The Secretary of Transportation will issue regulations on what constitutes an undue financial burden and, in doing so, can use a "flexible numerical formula" that incorporates appropriate local characteristics. In this era of fiscal constraints, the paratransit provisions of the Americans with Disabilities Act strike a responsible balance between providing accessible transportation and protecting the economic viability of local transit providers. During negotiations between the Senate and the Administration, the exact nature of the accessibility requirements for intercity bus services by private entities proved to be a thorny issue. The Administration believes that the in-depth three year study to be done by the Office of Technology Assessment will provide valuable information on costeffective ways to provide accessible intercity bus transportation and can provide a basis for further legislation in this difficult area. Because there is substantial evidence of the financial fragility of private intercity bus operators, the Administration expects that the study will provide detailed analyses and recommendations on a wide range of accessibility strategies and their relationship to the provision of bus service, particularly in rural areas. We think that delaying the implementation of the rather than attempting to develop new terms and standards, incorporates terms and concepts from section 504, a law that now has a 16-year history. We are pleased that the Americans with Disabilities Act, as passed by the Senate, does not create additional monetary incentives for private litigation. Earlier versions of the bill would have unduly encouraged private suits by offering the prospect of jury trials, large monetary awards, and punitive damages. Under the Senate bill, the remedies available in suits by private litigants against public accommodations are limited to injunctive relief, attorneys fees, and court costs. Authority to seek monetary damages and civil penalties is given only to the Attorney General and, even then, only in pattern or practice cases or suits of general public importance. The Department of Justice intends to limit its requests for monetary damages to compensation for out-of-pocket losses and would not include speculative damages or damages for pain and suffering. In fact, it is only in the employment area that any monetary relief is available to private litigants, and that particular relief, in the form of back pay, has been available under other civil rights employment statutes for the last 25 years. The provision of accessible transportation for persons with disabilities has been one of the most complex issues faced by · 13 Americans with Disabilities Act's requirement that new intercity buses be accessible until 7 years from the date of enactment for small providers (6 years for other bus service providers) is necessary. The three-year period between the completion of the OTA study and the effective date of the Americans with Disabilities Act's requirements will give more than ample time for the Department of Transportation and the Congress to make appropriate regulatory and statutory changes based on the study. Maintaining the Act's accessible bus requirement during this interim period will act as a spur to the development of technological advances in this area. On another matter, the Administration strongly supports the Americans with Disabilities Act requirements mandating that our Nation's telecommunications system be made accessible to deaf persons. The inability to communicate by telephone renders the routine tasks of daily living such as making a doctor's appointment or inquiring about a job opportunity even impossible to accomplish. - difficult or Establishment of a telecommunications relay service is clearly a vital step toward full integration of deaf persons into the mainstream. The Administration particularly endorses the technical assistance provisions in the Americans with Disabilities Act that were added to the bill in an amendment sponsored by Senator Dole. It is our belief that the entities covered by this landmark bill - 14 employers, public and private transit agencies, State and local governments, telephone companies, and public accommodations -- will comply with the law voluntarily. We therefore expect that Federal efforts to provide information on the law's requirements and on how to comply in a cost-effective manner will be well-received and reduce the total cost to society of complying. We at the Department of Justice wholeheartedly share the goals of the Americans with Disabilities Act and commit ourselves to an effective program of enforcement of the Act's provisions. We have begun the process of analyzing the Department's specific responsibilities under the bill and pledge that our enforcement effort will be fair and vigorous and that our technical -assistance program will be thorough, creative, and costeffective. In addition, the Department of Justice is currently reviewing the impact of the Americans with Disabilities Act on its resources and organizational structure. As a parent, as a former Governor, and as Attorney General, I have witnessed the many faces of discrimination confronting persons with disabilities. About 40 million people in this country are disabled by reason of some physical or mental handicapping condition. The mere existence of these handicapping conditions does not, for many of these individuals, prevent them from interacting freely with others in society, or from |