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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."

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

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

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September 7, 1989

CONGRESSIONAL RECORD - SENATE

abled Americana. Mark Wellman is not alone. There are millions of disabled Americans who want and deserve full participation in American life and yearn for the opportunities to be productive.

With the passage of this legislation, we can pave the way for these citizens to overcome the barriers they now face and begin the journey to economle productivity and self-independence. I urge my colleagues to support this necessary and overdue guarantee of simple fairness and justice.

Mr. HATCH. Mr. President, before the Senate votes on final passage, I want to thank the following staff for their hard work on 8. 933. For Senator HAWKINS: Bobby Silverstein, Katie Bey, Terry Mullenberg: for Senator KESMEDY: Carolyn Osolinik and Michael Iskowitz, for Senator DURE BERGER: Carolyn Boos for Senator MCCAIN: Mark Buse; and Steve Settle, Chris Lord, Millard Wyatt, Evan Liddiard, Kris Iverson and Mark Disler of my staff.

Their dedication to this bill was fraportant to its success, and of course, I thank all of the Senators for their dillgent efforts.

● Mr. MURKOWSKI. Mr. President, I am happy to support and to cosponsor the American's With Disabilities Act of 1989 (ADA). As the ranking minority member of the Committee on Veterans' Affairs, I applaud the administra tion and Senators DOLE KENNEDY.

HARKIN, and HATCH for the hard work in reaching an agreement on this important legislation.

I have received many letters of support from various veterans' service organizations for 8. 933 and I believe that it is vital to ensure equal rights to disabled veterans who served their country in such an extraordinary manner. I am delighted to see that small businesses are in some ways protected in this bill while still eliminating discriminatory actions against individuals with disabilities.

The PRESIDING OFFICER. The Senator from Masucirusetts.

Mr. KENNEDY. I ask for the yeas and nays.

OFFICER. Is

The PRESIDING there a sufficient second? There is a sufficient second. The yeas and nays were ordered. The PRESIDING OFFICER. The clerk will call the roll.

The assistant legislative clerk called the roll.

Mr. CRANSTON. I announce that the Senator from Washington (Mr. ADAMS), the Senator from Montana (Mr. BAUCUs), the Senator from Texas Mr. Bar], the Senator from Louistana (Mr. BREAUX), the Senator from Ohio (Mr. GLENN), the Senator from Hawaii (Mr. INOUTE), the Senator from Ohio Mr. METZENBAUM), the Senator from Maryland (Ms. MIKUL skil, the Senator from Arkansas (Mr. PRYORI, the Senator from North Caro lina (Mr. SANFORD), and the Senator from Tennessee (Mr. Bassa) are nec essarily absent.

I further announce that, if present and voting, the Senator from Maryland (Ms. MIKULSKI) would vote

"yea."

Mr. SIMPSON. I announce that the Senator from Montana Mr. Burns), the Senator from Mississippi (Mr. LOTT), the Senator from Alaska (Mr. MURKOWSKI), the Senator from Delar ware Mr. ROTH), and the Senator from New Hampshire (Mr. RuDMAN]

are necessarily absent.

The PRESIDING OFFICER. Are ber who desire to vote? there any other Senators in the Cham

The result was announced-yeas 76, nays &, as follows:

Biden Bingaman

Bradley Bryan Bumpers

Burdick
Byrd
Chafee
Coats

ADA is a timely and compassionate bill that allows those 43 million disabled Americans to work, live, enjoy life, and contribute to their communities. These are truly the greatest rights any American should have. I Conrad wholeheartedly support 8. 933.

[Rolicall Vote No. 173 Leg.) YEAS-76

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The PRESIDING OFFICER. The bill is open to further amendment. If there be no further amendments to be proposed, the question is on agreeing Dixon to the committee amendment in the nature of a substitute, as amended. The committee amendment in the nature of a substitute, as amended, was agreed to.

The PRESIDING OFFICER. The question is on the engrossment and the third reading of the bill.

The bill was ordered to be engrossed for a third reading, and was read the third time.

The PRESIDING OFFICER. The bill having been read the third time, the question is. Shall it pass?

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AN OCTOGENARIAN FUTURIST Mr. MATSUNAGA. Mr. President, I rise today to salute an octogenarian futurist whose intellect focuses on the next two centuries while his career as a Hawaiian journalist and broadcaster spans more than six decades. Kiyoshi Okubo of Hilo foresees the fading of ethnic and national distinctions by the of a scholar of ethnic cultures and lan21st century, his vantage point is that guages who today continues to publish a Japanese newspaper on the Aloha State's "Big Island" of Hawail at an age when his contemporaries are content to rock on lanais.

Last May, Okubo, who is 83, was the lone American to be honored by Emperor Akihito among those selected for recognition with the Order of the Rising Sun. He was accorded this honor for his many years of advancing cultural and scientific exchange between Japan and Hawaii, including a Joint United States Japan study to develop a tsunami (tidal wave) barrier for Hilo Bay and contributions from each of Japan's 17 prefectures for Hilo's Queen Liliuokalani Park. He is said to be nearly as conversant in Hawatian as he is in English and he still broadcasts weekly on Sunday morning radio, publishes a twice-monthly newspaper, and operates a cultural museum on Japanese immigration to Hawaii

For all his activity, however, Okubo is best known as a "dreamer," one who envisions an era of "The Pacific Man." the evolutionary product of trans-Pacific cultural exchange. As one who shares his dream, Mr. President, I was most interested in a recent newspaper article on Kiyoshi Okubo which appeared in the Honolulu Sunday StarBulletin & Advertiser written by Hugh

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