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transportation, and telecommunications. The legislation would significantly

promote independence, freedom of choice, and productive involvement in the social and economic mainstream for our nation's disabled citizens.

Through conducting public forums around the country and sponsoring research projects and studies, the Access Board has gathered extensive information about the extent and effects of discriminatory barriers experienced by persons with disabilities in public accommodations and public transportation. The Access Board has carefully analyzed the provisions of the Americans With Disabilities Act which have passed the Senate and believes that they provide a comprehensive solution to removing these barriers.

In the area of public transportation, the Americans With Disabilities Act would require that all new buses, rail vehicles, and other fixed route vehicles which are purchased 30 days after the enactment of the Act be readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. Because the average life of a bus is 12 years,

accessible bus transportation would be available to disabled citizens in cities

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and towns throughout the country in a relatively short period. In the case of the rail systems, within 5 years, at least one car per train would be required to be accessible to individuals with disabilities, including individuals who use wheelchairs. Stations on intercity rail systems, including Amtrak, would have to be made accessible within 20 years. Key stations on rapid rail, commuter rail, and light rail systems would have to be made accessible within 3 years, with the Secretary of Transportation being authorized to extend the period up to 20 years for extraordinarily expensive structural changes.

In addition, the Americans With Disabilities Act would require public transit agencies to ensure the provision of paratransit services for individuals with disabilities who cannot otherwise use accessible fixed route

transportation. Public transportation services provided by private entities and

over-the-road buses would also have to be made accessible.

The Access Board would be required to supplement its Minimum Guidelines and Requirements for Accessible Design to include accessibility standards for transit vehicles and stations, as well as public accommodations. Regulations issued by the Department of Transportation and Attorney General

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under the Act would have to be consistent with these standards.

Representatives of the Department of Transportation and the Department of Justice are members of the Access Board and have enjoyed good working relationships with the other Federal agency and public citizen members of the Board. We look forward to continuing this close relationship in the days and months after the Americans With Disabilities Act is enacted in developing accessibility guidelines and standards for public transportation and public accommodations; educating covered entities about their responsibilities under the Act; and providing information and technical assistance for achieving cost-effective compliance with the Act.

The public transit industry has expressed some technical and financial concerns about the Act's provisions. To accommodate those concerns, some amendments have been incorporated in the Senate passed version of the Act which we would like to further discuss with you. The Administration endorses the Senate approach which includes a narrow, temporary exception to the lift requirement for new buses in the case where a public transit agency can demonstrate that manufacturers are unable to supply lifts for the new buses. The Access Board maintains extensive files on lift manufacturers

and their products. There are several qualified lift manufacturers and with

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the passage of the Act, the Access Board believes that the American industry

will respond to the increased demand for lifts and that exceptions will be

unnecessary.

Consistent with the Senate passed version of the Act, the

Administration also recommends that if the provision of paratransit services would impose an undue financial burden on a public transit agency, such services should be required only to the extent that they would not impose an undue financial burden. The Access Board believes that a flexible approach should be used for determining what constitutes an undue financial burden which takes into account such factors as population, service area size and characteristics, current level of paratransit service, and interim degree of fixed route accessible services. As fixed route accessible services are substantially achieved, the use of paratransit will shift to feeder-distributor systems which will be more cost-effective than alternative services presently provided.

The over-the-road bus industry has also expressed concerns about the Act's provisions based on a lift which costs about $35,000 and takes up one luggage bay and seven seats. There are other lifts which cost between

$7,000 and $10,000 and displace no luggage space and only two seats. The

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Act, as passed by the Senate, would require the Office of Technology Assessment to conduct a study of the most cost effective means for making over-the-road buses accessible and extending the period of compliance to 7 years for small providers and 6 years for other providers, with the possibility of an additional year extension based on review of the study. The Access Board would be involved in reviewing and commenting on the study. We believe that this study will provide a firm basis for establishing minimum guidelines and requirements for access to such vehicles.

Finally, there is a technical assistance provision in the Act, as passed by the Senate, which we would especially recommend to you. The provision would require the Attorney General, in consultation with the Access Board and certain other agencies, to develop a plan to assist entities covered by the Act to understand their responsibility under the Act and to provide information and technical assistance on cost-effective means for achieving compliance with the Act. The Access Board currently has an extensive technical assistance program and believes that such a program is important to help public agencies and private businesses to fully understand the

responsibilities under the Act and achieve compliance. The Access Board