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CONTENTS

Proceedings of:

September 20, 1989.

September 26, 1989.
Summary of Subject Matter......
H.R. 2273: To establish a clear and comprehensive prohibition of discrimina-

tion of the basis of disability...

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TESTIMONY
Bruhns, Rudolph H., executive vice president and general manager, Greater

Houston Transportation Co....
Busskohl, C.D., director, United Bus Owners of America.
Capozzi, David, vice president, National Easter Seal Society, Manager, Project

ACTION
Cook, Tim, director, National Disability Action Center .....
Currey, Fred G., chairman and CEO, Greyhound Lines, Inc.
Daly,

Ellen D., Legislative Analyst, President's Committee on Employment of
People with Disabilities
Dart, Justin, chairperson, Task Force on the Rights and Empowerment of

Americans with Disabilities
Dipert, Dan, president, National Tour Association, Inc., and owner and presi-

dent, Dan Dipert's Travel Service, Inc.........
Donenfeld, Douglas, board member and chairman of the finance, audit and

budget committee, Chicago Transit Authority. Downey, Mortimer, chairman, APTA legislative subcommittee, Federal policy

and procedure, executive director and chief financial officer, Metropolitan
Transportation Authority, New York, NY, accompanied by Janis Pierce,
APTA vice president, governing boards, board of directors, Memphis Area
Transit Authority, and Dennis Louwerse, member, APTA legislative com-
mittee, APTA.elderly and disabled services task force, executive director,

Berks Area Reading Transportation Authority
Gambaccini, Louis, general manager, Southeastern Pennsylvania Transporta-

tion Authority
Gashel, James, director of governmental affairs, National Federation of the

Blind
Golden, Marilyn, Policy Analyst, Disability Rights Education and Defense

Fund..
Henry, Frank M., chairman of the board, American Bus Association and

president, Martz Trailways ....
Herman, George, general superintendent of maintenance, RTD Denver.
Hoyer, Hon. Steny H., a Representative in Congress from Maryland........

, 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

160

223

287

397

308 397 Page

tion, Alpharetta, GA.........
Kanjorski, Hon. Paul E., a Representative in Congress from Pennsylvania.......
LaGasse, Alfred B., II, executive vice president, International Taxicab Asso

ciation....
Markward, Ralph, executive director, ZIA Chapter PVA...
Massara, Jim, Eastern Paralyzed Veterans of America..
Mayer, Henry M., transit consultant, Milwaukee, WI..
Miller, Oral O., national representative, American Council of the Blind

25 182 71

124 307

449 397

71 182 277 63 258 140 198

12 449

223 308 266

Mross, Roland, Deputy Administrator, Urban Mass Transportation Adminis

tration, Department of Transportation, accompanied by John Cline, Associ-
ate Administrator for Budget and Policy, Urban Mass Transportation Ad-
ministration, DOT, and by Don Trilling, Deputy Director, Office of Trans-
portation Regulatory Affairs, DOT.
Mundy, Ray, executive director, Airport Ground Transportation Association....
Parker, Kathleen, board member, Regional Transportation Authority, Chica-

go
Picknelly, Peter L., Sr., chairman of the board, Peter Pan Bus Lines.
Piras, Pat, consultant, San Lorenzo, CA
Roffee, Larry, Executive Director of the Architectural and Transportation

Barriers Compliance Board, accompanied by Jim Raggio, General Counsel,
and Dennis Cannon, Accessibility Specialist of the Architectural and Trans-

portation Barriers Compliance Board
Sandaas, Richard K., executive director, Municipality of Metropolitan

Seattle,
Tripp, David, executive director, St. Cloud Metropolitan Transit Commission ...
Weisman, James, program counsel, Eastern Paralyzed Veterans Association ....
Werth, Robert M., president, Diamond Transportation, Inc
Wilson, Linda, immediate past president, Community Transportation Associa-

tion of America and executive director, JAUNT.
Wingen, Kathleen T., director and founder, Advocacy Plus Action, Inc
Winske, John, assistant director, Massachusetts Coalition of Citizens with

Disabilities ......

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223 124 182 449

449 124

397

11 11

sas...

PREPARED STATEMENTS OF MEMBERS OF CONGRESS
Clement, Hon. Bob, a Representative in Congress from Tennessee.
Costello, Hon. Jerry, a Representative in Congress from Illinois.
Hammerschmidt, Hon. John Paul, a Representative in Congress from Arkan-
Lightfoot, Hon. Jim, a Representative in Congress from lowa ..
Payne, Hon. Lewis F., a Representative in Congress from Virginia....
Petri, Hon. Thomas E., a Representative in Congress from Wisconsin.
Rahall, Hon. Nick J., II, a Representative in Congress from West Virginia
Shuster, Hon. Bud, a Representative in Congress from Pennsylvania...
Stangeland, Hon. Arlan, a Representative in Congress from Minnesota

3 347 11

7 304

5 127

PREPARED STATEMENTS OF WITNESSES
Bruhns, Rudolph H..
Busskohl, C.D.
Capozzi, David..
Currey, Fred G
Daly, Ellen D.
Dipert, Dan......
Downey, Mortimer.
Gambaccini, Louis..
Gashel, James ...
Golden, Marilyn
Henry, Frank M
Herman, George
Hudson, John.
Jenkins, Harold C.
Lagasse, Alfred B., II.
Markward, Ralph.
Massara, Jim....
Mayer, Henry M..
Miller, Oral O
Mross, Roland
Mundy, Ray.
Parker, Kathleen
Picknelly, Peter L., Sr.
Piras, Pat.
Roffee, Larry
Sandaas, Richard K
Tripp, David
Weisman, James..

499 363

88 382 109 373 173 248 292 426 355 430 204 116 485 445 101 210 281

41 480 236 377

271

Werth, Robert M..
Wilson, Linda........
Wingen, Kathleen T
Winske, John.

Page 503 474 148 441

..........

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SUBMISSIONS FOR THE RECORD
Capozzi, David, vice president, National Easter Seal Society, Manager, Project
ACTION
Letter from James A. Mather, mayor of the city of Oshkosh to the Hon.

Robert Kasten
Prepared statement of Dan Dirks, com mmunity relations representative,

SMART..
Currey, Fred G., chairman and CEO, Greyhound Lines, Inc., H.R. 2273

“Annual Cost for Greyhound"
Hammerschmidt, Hon. John Paul, a Representative in Congress from Arkan-

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
Wingen, Kathleen T., director and founder, Advocacy Plus Action, Inc., letter
from the St. Cloud Area Disabilities Council dated September 18, 1989

ADDITIONS TO THE RECORD
American Foundation for the Blind, Inc., Washington, DC, letter
Kleczka, Hon. Gerald D., a Representative in Congress from Wisconsin,

letter
Oftedahl, Laura, director for public affairs, Columbia Lighthouse for the

Blind, Washington, DC, statement
Paralyzed Veterans of America, Northwest Chapter, Seattle, WA., George B.

Turner, president, and Jack Michaels, board member, letter.
Washington Coalition of Citizens with Disabilities, Seattle, WA, Anne Waltz,

President, letter.....

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135

511

516

519

523

524 SUBCOMMITTEE ON SURFACE TRANSPORTATION

HEARINGS ON

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."

-2

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
Prohibits discrinination against Essentially the same.
the disabled in the provision of
services by state and local
government entities.
Prohibits the purchase or lease of Essentially the same.
any new fixed-route bus or rail
vehicle if such vehicle is not
accessible to persons with
disabilities (including wheel-
chair users).
No provision.

DOT nay waive requirement to
purchase accessible, new buses
ir: (1) Initial solicitation
specified lifts; (2) No lifts
were available from any
manufacturer; (3) Public
entity made good faith efforts
to locate a manufacturer; and
(4) Any delay while waiting
ior lifts would significantly
impair transportation
services.

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
feasible, accessible remanufactured
vehicles when remanufacturing
will add at least 5 years to
the Une of the vehiclo.

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