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September 20, 1989.
September 26, 1989.
tion of the basis of disability...
Houston Transportation Co....
Ellen D., Legislative Analyst, President's Committee on Employment of
Americans with Disabilities
dent, Dan Dipert's Travel Service, Inc.........
budget committee, Chicago Transit Authority. Downey, Mortimer, chairman, APTA legislative subcommittee, Federal policy
and procedure, executive director and chief financial officer, Metropolitan
Berks Area Reading Transportation Authority
president, Martz Trailways ....
, Hudson, John, social work coordinator, National Rehabilitation Hospital. Jenkins, Harold C., general manager, Cambria County Transit Authority. Johnson, Mark, founder, American Disabled for Accessible Public Transporta
308 397 Page
tion, Alpharetta, GA.........
25 182 71
71 182 277 63 258 140 198
223 308 266
Mross, Roland, Deputy Administrator, Urban Mass Transportation Adminis
tration, Department of Transportation, accompanied by John Cline, Associ-
Barriers Compliance Board, accompanied by Jim Raggio, General Counsel,
portation Barriers Compliance Board
tion of America and executive director, JAUNT.
223 124 182 449
PREPARED STATEMENTS OF MEMBERS OF CONGRESS
3 347 11
PREPARED STATEMENTS OF WITNESSES
88 382 109 373 173 248 292 426 355 430 204 116 485 445 101 210 281
41 480 236 377
Werth, Robert M..
Page 503 474 148 441
SUBMISSIONS FOR THE RECORD
“Annual Cost for Greyhound"
sas, Letter from Robert L. Alexander, president, Twin Lakes Bus Lines, Inc Petri, Hon. Thomas E., a Representative in Congress from Wisconsin, letter
from Hon. Paul Soglin, mayor of the city of Madison to Hon. Herb Kohl,
U.S. Senator from Wisconsin
ADDITIONS TO THE RECORD
Blind, Washington, DC, statement
Turner, president, and Jack Michaels, board member, letter.
524 SUBCOMMITTEE ON SURFACE TRANSPORTATION
NIERICANS WITH DISABILITIES ACT
SEPTEBER 20 AND 26, 1989
SUMMARY OF SUBJECT MATTER
The hearings will provide testimony from the Department of Transportation, the disability community, public transit authorities, and the intercity bus industry on the transportation provisions within the proposed Americans with Disabilities Act (H.R. 2273 and s. 933) which would ensure accessibility for the disabled to public and private transportation services.
(1) Existing laws and Regulations
current DOT regulations (primarily interpretations of Section 504 of the Rehabilitation Act of 1973 and Section 317 of the Surface transportation Act of 1982) require that transit systems provide the disabled with access to their systems. Transit systems can currently provide access through the use of lift-equipped buses along a fixed-route, paratransit services (generally, small vans which provide door-to-door service), or a combination of the two. Minimum service criteria are included in the regulations.
Prior to a recent Third circuit Appeals Court decision, the DOT regulations provided that a transit system which expended 33 of its average annual operating budget on serving the disabled would be considered in compliance with the regulations, regardless of the level of service which it actually provided. The Appeals court held that there was no basis in current law for an exemption from minimum service criteria simply because a system meets an arbitrary 33 "cost-cap" standard.
(2) H.R. 2273 and s. 933
H.R. 2273, which now has 219 cosponsors, was referred to the House Committees on the Judiciary: Education and Labor; Energy and Commerce; as well as Public Works and Transportation. Hearings have been held in the House; but, so far, no Committee has reported the bili.
The companion bill, S. 933, was referred exclusively to the Senate committee on Labor and Human Resources, which reported the bili unanimously on August 2, 1989. Prior to reporting the bill, the Committee, in consultation with the White House and representatives of the disability community, approved amendments to the bill which made it acceptable to the White House. At that time, President Bush endorsed the legislation and said that he was "committed to producing a bill which can be signed this year."
on September 7, 1989, the Senate passed s. 933, as amended, by the overwhelaing margin of 76 to 8 (see attachment, Senate Rollcali Vote No. 173 Log.).
The following lists the highlights of the original legislation, as well as the arended, Senate-passed version:
Public Transportation provided by public Entities H.R. 2273
S.933, as passed by Senate
DOT nay waive requirement to
Essentially the same.
Requires "demonstrated good faith efforts" for accessibility in purchase or lease of used vahicles.
Essentially the same.
Requiru, to the maximum extent