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) 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. 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- 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 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 lone American to be honored by Emviduals with disabilities. Bu peror Akhito among those selected ADA is a timely and compassionate butapen Hartin for recognition with the Order of the Mood bill that allows those 43 minion dis Byrd Rising Sun. He ne necorded this Per abled Americans to work, Uve, enjoy Chico Benta honor for his many years of advancing life, and contribute to their communi Costs Heins cultural and scientiile exchange beCochran ties. These are truly the greatest Hollnp tween Japan and Eawaii, including : Jetford Row rights any American should have. I Coord 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 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 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 broadcasts weekly on Sunday morning The committee amendment in the Durenberger Lieberman Wirth radio, pabbhe a twice-monthly newsnature of . substitute, as amended, Exon 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 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 shares his dream, Mr. President, I was The PRESIDING OFFICER. The Baucu Lott most interested in & recent newspaper biu having been read the third time, Benten 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 Premier blanc |