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CONTENTS

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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.

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 .
Darty. 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 fir.ance, 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

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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-

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

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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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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-

sas.
Lightfoot, Hon. Jim, a Representative in Congress from Iowa ..
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

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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....
Maver, 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............

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

41 480 236 377 271

63 258 140 198

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

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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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524 SUBCOMMITTEE ON SURFACE TRANSPORTATION

HEARINGS ON

MERICANS WITH DISABILITIES ACT

SEPTEDER 20 AND 26, 1989

SUMOWRY 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 lict-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 38 of its average annual operating budget on serving the disabled vould 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 neets an arbitrary 38 "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 beon held in the House; but, so far, no committee has reported the bill.

The companion bill, s. 933, was referred exclusively to the Senate Committee on Labor and Human Resources, which reported the bill 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."

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on September 7, 1989, the Senate passed s. 933, as amended, by the overwhalaing 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 wanded, Sanato-passed version:

Public Transportation Provided by public Entitie H.R. 2273

8.933, as passed by Senate Prohibits discrizination against Essentially the same. the disabled in the provision of services by state and local government antities.

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