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SUBCOMMITTEE ON SURFACE TRANSPORTATION

HEARINGS ON

AMERICANS WITH DISABILITIES ACT

SEPTEMBER 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 3% 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 3% "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 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."

(VII)

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On Septaber 7, 1989, the Senate passed s. 933, as amended, by the overwhelming margin of 76 to 8 (see attachment, Senate Rollcali Vote No. 173 Leg.).

The following lists the highlights of the original legislation, as well as the amended, Senate-passed version:

Public Transportation provided by Public Entities H.R. 2273

S.933, as passed by Senate Prohibits discrimination against Essentially the sane. the disabled in the provision of services by state and local government entities.

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Public and Private Transportation Provided by Private Entities Requires purchase or lease of

Requires purchase or lease accessible, new vehicles

of accessible, new vehicles (except automobiles) which

(except automobiles) which carry 12 or more passengers,

carry 16 or more passengers in including over-the road

private transportation, or any coaches.

size vehicle (except auto-
mobiles) in public transpor-
tation; except for vehicles whic!
are operated as part of a demand
responsive system which provides
when viewed in its entirety, an
equivalent level of service to
the disabled as it provides
to the general public.

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en un momento

September 7, 1989 CONGRESSIONAL RECORD – SENATE

8 108103 abled Americans Mark Wollon lo not The PREGIDOIG OTR The so the Hin ded, we alone. There are millions of deabled Senator from Martoretta

uto Americans who mat mod deserve full Mr. CENNEDY. I et for the rea (Non-The ta da mu p od partictpation 10 American we and and naye.

by the Senate dapper in a sabueyearn for the opportunities to be pro- The PROSIDING OPTICTRL gent titlog of the Recone.) ductive. there i mindent second

Mr. MITCHML M. President, I with the passage of this legislation, Tbere is a sufficient second.

move to reconsider the vote by which we can pare the motor these citizens The yeas and nans were ordered. tbe bin was pared to overcome the berica they now The PRESIDING OIICER. The Mr. DOLL. I move to lay that face and beyon the journey to econom. dert will call the roll.

Dotion on the table. le productivity and sel-Independence. The mettant legislative clert called The motion to hy on the table was I urge my colleagues to support this the roll.

agreed to. necenery and overdue nunrantee of Mr. CRANSTON. I announce that simple fairness and justice.

the Senator from Washington M. FATCH. Mr. President, before ADAMS), the Senator from Montana MORNING BUSINESS the Senate votes on final p age, I Mr. Bascual, the sector from Two want to thank the following staff for

Mr. MITCHHL. M. Preddent, I . BOD ), the Senator from Lou

vunning coment that there be a that hard wort on S. $33. For Senator Man Mr. BREAUX), the Senator from

erlod for merang baper with SenHAVE: Bobby Sarsteha, Katie

Ohio (Mr. GLOW), the Senator from tes. Terry Mullcabers for Berator Hawl (Mr. IJOUYR

ton pented to spend therein and the Senator

that the distinguished Senator from Kor: Carolya Omollnik and MI from Obio nr. Momow), the

Hani, Senator MADU sh t oatt for Senator DR

, be recog. Senator from Maryland OX MICOL : Curofya Boots for Bonator

need for 3 minutes, that upon the

al the Berator troca Artan aur. Moc Mart Buses and Steve Settle, PYORL the Senator from North Caro

completion of die regverts the Senate Chris Lord Millard Wyatt En Lid

return to locative band to comlina (Mr. SANTORO), and the Senator dard. Kris Ivers and Mart Deler o

plete the reap and coachuding state from Reanetree (Mr. Bass) are nec mend of the am jus pued and that

crearlly abocat. Their deadon to this will was to

Borstar Man 's itmarto appear

further anounce that portant to Itu Rucco, ad of course I and voting. the Senator from Mary

1 WE UP

preado

in the Report appropriate place. thank all of the Senators for their ow

The PRP.11DDYO OFFICER With land (Ms. MILULII would vote out obiecthom.

H fent starts

o ordered. "yea." • Mr. MURKOWSKI. Mr. Preddent, I KLU.

Mr. SIMPSON. I announce that the w baboy to support and to couponsor Senator fron Mantan W. BUN), AN OTOMARIANNOTURIST the America's With Disabwite Act the Senator from Malcol (r. of 1980 (ADA). As the ranking minort LOTT), the Senator from Alata (Mr.

Mr. XATSUNAGA Mr. President, I ty member of the Committee on Veter. MunOWI), tbe Senator trom Dole

Mre todo to salute 10 octogenarian aps' Attain, I applaud the administravare Mr. ROTH), and the Senator

futuris vboue totellect focuses on the tion and Senator Dow KonwY. trom New Hampshtre Mr. Roma)

next two centuries while his career u HAO, and Harce for the hard work

. Bantaa tant o bradcaster are necessarily absent. in reaching in creement on this im

spuns more than six decades. Kiyoshi

The PRESIDING OFFICER. Are portant legislation tbere any other Senators la the Cham

Okubo of to forced the lading of I bave received many letters of hip

thate and mattonel dattnctions by the ber wbo desire to vote? port from various veterans' service or

21st century, hi vantage point is that

The result was announoodyeas 76, ganizations for & 933 and I believe

of a scholar of ethnic culturas med lanDays & as follow that it is vited to enaure equal rights to

guage who todo continues to pablish disabled veterans who served their

(Rollca! Vote No. 173 Leg.)

JADOO Dapapa on the Aloha country in such an extraordinary

YEAS-76

State's "Blue Land of Hall at an manner. I am delighted to see that Blden

Povler

age when his contemporaries are consmall businesses are in some ways pro Btnaman Gore

Mocal

teat to rock on hamal
Boren
Corton

McConnen tected in this bin vhle sto eliminat

Last May, Okubo, who is 83, was the Barcha Oruhan

Mitco tng discriminatory actions ainst Indi.

Ende
Grama
Moynih

lone American to be honored by Emviduals with disabilities.

Bu
Orale
Nicklas

peror Akhito among those selected ADA is a timely and compassionate butapen

Hartin
Nuan

for recognition with the Order of the
Burdick
Hatch

Mood bill that allows those 43 minion dis

Byrd
Hautie

Rising Sun. He ne necorded this

Per abled Americans to work, Uve, enjoy Chico

Benta
Predder

honor for his many years of advancing life, and contribute to their communi Costs

Heins
Red

cultural and scientiile exchange beCochran ties. These are truly the greatest

Hollnp
Riede

tween Japan and Eawaii, including : Jetford

Row rights any American should have. I

Coord
Johoton Roux

Joint United States Japan study to dewholeheartedly support & 933 Cranston Kebun

velop a tanami (tidal Fave) barrier The PRESIDING OFFICER. The D Amato Kasten

Shelby

for Emo Bay and contributions from Danforth

Kennedy etmon bill is open to furthe mendiment il

Duchte
Kerro
Stopaon

each of Japan's 17 prefectures for there be no furtha amendments to be Deconcini Kerry

Hilo's Queen Luolalani Part Be is proposed, the question boa mereeing Dixon

Kohi
Stevens

said to be nearly as convertant in HaDodid

Lauterbert Thurmond to the conmittee cadmcat in the

natian u be is in English and he stin Date Lahy

Wimer mature of a substitute, as amended.

Domacala
Levtea

broadcasts weekly on Sunday morning The committee amendment in the Durenberger Lieberman Wirth

radio, pabbhe a twice-monthly newsnature of . substitute, as amended,

Exon
Lugar

paper, and operates a cultural museum Pord

Mack was agreed to.

on Japanese Immigration to Hawail The PRESIDING OFFICER. The

NAYS

For all his activity, however, Okubo question is on the engrosament and Arrestrong Helme

&

is best known as "dreamer," one who the third reading of the bin.

Bond
Humphres Wallop

envisions an en of “The Pacific Man," The bill was ordered to be engrossed

McCture

the evolutionary product of trans-Pafor a third reading, and vu read the

NOT VOTING-16

ciflc cultun! exchange. As one who third time.

Adana
Inotre
Roth

shares his dream, Mr. President, I was The PRESIDING OFFICER. The Baucu

Lott
Rudman

most interested in & recent newspaper biu having been read the third time,

Benten
Metzenbaum Sapford

article on Kiyoubi Okubo which apbrus

M ald the question is. Shall it pass?

peared in the Honolulu Sunday StarBams

Murton Mr. KENNEDY addressed the Chair. Glenn

Pryor

Bulletin & Advertiser written by Hugh

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