COMMITTEE ON ENERGY AND COMMERCE JOHN D. DINGELL, Michigan, Chairman JAMES H. SCHEUER, New York EDWARD J. MARKEY, Massachusetts DOUG WALGREN, Pennsylvania W.J. "BILLY" TAUZIN, Louisiana BILL RICHARDSON, New Mexico THOMAS J. MANTON, New York NORMAN F. LENT, New York THOMAS J. TAUKE, Iowa THOMAS J. BLILEY, JR., Virginia JACK FIELDS, Texas MICHAEL G. OXLEY, Ohio SONNY CALLAHAN, Alabama JOHN S. ORLANDO, Chief of Staff JOHN M. CLOUGH, JR., Staff Director MARGARET A. DURBIN, Minority Chief Counsel/Staff Director Cannon, Dennis, accessibilities specialist, Architectural and Transporta- 138 Carol, David, government operations-public affairs department, National 125 Cline, John, Associate Administrator for Budget and Policy, Urban Mass Cook, Tim, executive director, National Disability Action Center Fazekas, Scott, on behalf of the American Institute of Architects....... Lavoritano, Carol, director, program and policy analysis department, Southwestern Pennsylvania Transportation Authority.. Lindsey, Mark, Chief Counsel, Federal Railroad Administration, Depart- 111 111 Miller, Henry, director of government and community relations, New 156 Pagano, Philip A., assistant executive director for corporate administra- 151 Roffe, Lawrence, executive director, Architectural and Transportation 138 .... Shane, Jeffrey N., Assistant Secretary for Policy and International Af- 111 Material submitted for the record by: American Association of American Railroads, letter dated November 10, 171 168 AMERICANS WITH DISABILITIES ACT THURSDAY, SEPTEMBER 28, 1989 HOUSE OF REPRESENTATIVES, AND HAZARDOUS MATERIALS, The subcommittee met, pursuant to notice, at 9:30 a.m., in room 2318, Rayburn House Office Building, Hon. Thomas A. Luken (chairman) presiding. Mr. LUKEN. The Subcommittee on Transportation and Hazardous Materials will come to order, and we will proceed with a hearing on the Disabilities Act, H.R. 2273 and S. 933, properly titled the "Americans With Disabilities Act of 1989". This bill is the most sweeping civil rights bill for the disabled that has ever been considered by the Congress. The bill seeks to end discrimination against the 43 million Americans who suffer from some disability, in such critical areas as employment, transportation, public and private accommodations, and communications. There is no doubt that progress has been made in the past few years in many areas with regard to the disabled, but it is also clear that there is much more to be accomplished, that the full accessibility which we all desire and want to work for is not available at the present time. The premise of the bill is unassailable. Discrimination, whether produced by overt actions or thoughtless attitudes, produces segregation, exclusion, impoverishment, and denial of equal and meaningful opportunities. By denying the benefits of equal treatment and participation to millions of disabled Americans, our country suffers as a whole. This bill can bridge a significant gap in our current civil rights laws. While significant legislation has established the general pattern of prohibiting discrimination on the basis of race, color, national origin, gender, and age, the fact of the matter is that significant discrimination against the disabled exists in our country today. This bill, if properly crafted, will help to remove the barriers which continue to impede the disabled. Our subcommittee's jurisdiction in this matter focuses on the transportation provisions of the bill which relate to Amtrak and commuter railroads. All of us recognize the crucial role transportation plays in our lives. It is the veritable lifeline which enables all persons to enjoy the full economic and social benefits which our country offers. The bill prohibits discrimination against the disabled in the provision of transportation services. In the railroad area, it requires Amtrak and commuter railroads to provide accessible vehicles and stations for disabled persons. While the ultimate goals of the legislation deserve our full support and efforts, the specifics of the legislation must be clear. Clarification of many of the provisions of this bill are needed. Our mission is to require that the legislation creates well-defined, achievable and enforceable requirements. As we proceed with today's hearing and toward a prompt markup of this bill, we should focus on the particular obligations which the legislation creates. By assuring that clear and achievable means are spelled out in the bill, we will better serve both the interests of the disabled community and the transportation industry. We also should be mindful of the costs of achieving compliance with the obligations imposed by the bill. For example, earlier this week, the House of Representatives passed a bill which authorizes funds for Amtrak over the next 3 years. As the members of this subcommittee recognize, Amtrak's reliance of Federal assistance has declined dramatically in the past decade. But Amtrak's need for continuing funding for capital improvements is acute. The requirements in this bill for making equipment and facilities accessible will create an additional strain on Amtrak's budget. If funds are insufficient to meet either the accessibility requirements or Amtrak's other capital and operating expenses, neither the interests of the disabled nor Amtrak will be served. We know this bill enjoys broad bipartisan support. President Bush has endorsed the Senate bill. The leadership of the House has indicated that this bill is a major priority of this Congress and we have assured the leadership that we will work swiftly on it. If we are successful in crafting clear, specific and achievable objectives in this legislation, we will be furthering the goals of individual equality, dignity, and responsibility for disabled Americans. I look forward to considering this matter. I am pleased to call upon the gentleman, the ranking minority member from Kansas, Mr. Whittaker. [Testimony resumes on p. 109.] [The text of H.R. 2273 and S. 933 follow:] 101ST CONGRESS 1ST SESSION H. R. 2273 To establish a clear and comprehensive prohibition of discrimination on the basis of disability. IN THE HOUSE OF REPRESENTATIVES MAY 9, 1989 Mr. COELHO (for himself, Mr. FISH, Mr. HAWKINS, Mr. CONTE, Mr. OWENS of New York, Mr. ACKERMAN, Mr. ATKINS, Mr. BEILENSON, Mr. BENNETT, Mr. BORSKI, Mr. Bosco, Mrs. BOXEB, Mr. CAMPBELL of California, Mr. CARDIN, Mr. CLAY, Mr. CROCKETT, Mr. DE LUGO, Mr. Donnelly, Mr. DWYER of New Jersey, Mr. DYMALLY, Mr. EDWARDS of California, Mr. FAZIO, Mr. Feighan, Mr. Frank, Mr. Frost, Mr. FUSTER, Mr. GEJDENSON, Mr. GORDON, Mr. HAYES of Illinois, Mr. HOYEE, Mr. HUTTO, Mr. JACOBS, Mr. JONTZ, Mr. Kastenmeier, Mr. KLECZKA, Mr. LEVIN of Michigan, Mr. LEWIS of Georgia, Mr. MANTON, Mr. MATSUI, Mr. McCLOSKEY, Mr. MCDERMOTT, Mr. McHUGH, Mr. MFUME, Mr. MILLER of California, Mr. MINETA, Mrs. MORELLA, Mr. OBERSTAR, Mr. PALLONE, Ms. PELOSI, Mr. RICHARDSON, Mr. ROWLAND of Connecticut, Ms. Schneider, Mr. SHAYS, Mr. SMITH of Vermont, Mr. SOLarz, Mr. Studds, Mr. TraxLee, Mr. Udall, Mr. VENTO, Mr. Waxman, Mr. WEISS, Mr. WISE, Mr. WOLPE, Mr. FLORIO, Mr. WILLIAMS, Mr. ROYBAL, Mr. MORRISON of Connecticut, Mr. BROWN of California, Mr. DELLUMS, Mr. SABO, Mr. ESPY, Mr. DIXON, Mr. MILLER of Washington, Mr. YOUNG of Alaska, Mr. FOGLIetta, Mr. Rangel, Mr. Garcia, Mrs. Saiki, Mr. Martinez, Mr. MavBOULES, Mr. CONYERS, Mr. MARKEY, Mr. VISCLOSKY, Mr. KILDEE, and Mrs. COLLINS) introduced the following bill; which was referred jointly to the Committees on Education and Labor, Energy and Commerce, Public Works and Transportation, and the Judiciary A BILL To establish a clear and comprehensive prohibition of |