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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 38 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)

-2

On September 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 anended, Senate-passed version:

Public Transportation Provided by Public 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.

Requires purchase of
accessible, new over-the-road
buses in 7 years for small
providers and 6 years for other
providers. Mandates an OTA study
of the access needs of the
disabled to over-the-road buses,
as well as the most
cost-effective way to achieve
this accessibility, to be
completed in 3 years.

9/14/89

September 7, 1989
CONGRESSIONAL RECORD - SENATE

8 10:03 bled Americane Mart Wall not The PRESIDDIG ONCER. The do the alone. There are millions of deblad Senator from Marcotta

utc Americans who wat od deserve full H. SENEDY. I for the res (Non-Tha do upood participation 12 American be und and nayı.

by the Senate ed appen in i saboeyears for the opportunities to be pro- The PROSIDING OPTICIAR Ls quent edition of the Reconn.) ductive. there . muidcient second

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

move to reconsider the vote by which we can pare the wo tor these citizens The yers and nay vero ordered. tbe bin wus pared to overcome the berries they now The PRESIDENO OZICR. The Mr. DOLZI move to hay that face and beyon the journey to econom. cert will call the roll.

motion on the table. le productivity and reli-independence. The tant legislative clert called The motion to hay on the table was I urge my colleagues to support this the roll.

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

the Senator from Washington Dr. Mr. HATCH. Mr. President, before ADAMS). We Senator from Montana

NORNING BUSINESS the Senate votes on final pasce, I LMr. Baocus). the Senator froza Town Mr. MITCHELL M. Preddent, I want to thank the following stari for Mr. Borno), the Serator from Lou vk unanimou comment that there be a thet hard work on 8. 133. For Senator batara (Mr. BREAUX), the Senator from period for morning winess with Sen "HAVE: Bobby Shrerstein, Katte Ohio (Mr. Glem), the Senator from ston permitted to speak thereth and Hey. Terry Muilenberg. for Senator Hawali (Mr. LJOUY, the Senator that the distinguished Senator from Koor: Carolya Orolink and M from Ohio Mr. Momentu). the Hamil, Senator MADRASA, be recorcheal Iskouttes for Senator DURD. Senator from Maryland Me MOL need for 8 minutes, that upon the manda: Carolyn Boors for Senator so), the Beastor from ArtandW. completion of his remarks the Senate Mocart. Mart Bures and Steve Settle. Parar), the Senator from North Caro return to localedive business to com. Chris Lord, Mward Wyatt Even Ladd lins (Mr. SANTORS), and the Senator plete the rarap and concluding state diard, Kris Ivers and Must Dialer of from Bonnemee (Mr. Basan) are nec mend of the tal jus proved and that

Comarlly abocat. Their dedication to the bill was the

Sorstar MARIMA'S remartos appear

I further upnounce that de present in the Raco at nappropriate place. portant to wa Rucces, and of course and voting. the Senator troz marge The PRP.11DDNO OFFICER With. thank all of the Senators for the dill land (Ms. MIESULIN would vote out objection, it is so ordered. rent starts

"yes." Mr. MURKOWSKI. Mr. Predent, I

Mr. SIMPSON. I announce that the un happy to support and to couponsor Senator frona Mantan Qur. Bura), the American's With Disabilities Act the Senator from Malappe (Mr.

AN OCTOMIARLAN TOTURIST of 1980 (ADA). As the ranking minort Lort), the Senator Iron Alasta (r.

Mr. YLATSUNAGA Mr. President, I ty member of the Committee on Veter. Morsowei). tbe Senator trom Deler see today, to salute octogenarian aps Attain. I applaud the administra vare (M. ROTR), and the Senator futurist whose tiellect focuses on the tion and Senaton Down Kamar trom New Hampahtre Mr. Romani next two centuries while his career u HANKO, and Hates for the bard work are necessarily absent.

1 Bantina foarmat o broadcaster in reaching an agreement on this important legislation

The PRESIDING OFFICER. Are pune more than a decades. Kiyoshi I have received many letters al sud ber who desire to vote? there any other Senators in the Cham Olubo dl Elto forteou the fading of

cthnic and mattone dattnctions by the port from various veterans' service ar.

The result was announced yeas 76, of a scholar of ethnic cultures and lap

21st century, his vantage point is that ganizations for & 933 and I believe that it is vited to ensure equal rights to pays & as follow

guage who todo continues to pablish disabled veterans who served their

(Rolcall Vote No. 173 Leg.]

. Jap Doppa on the Aloha country in such an extraordinary

YEAS-76

State's "Bug Laland" of Hand at an manner. I um delighted to see that Bidan

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age when he contemporartes are consomall busdnesses are la some vayo pro Binamas Oore

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trat to rod on lami
Boren
Qorton

McConnell tected in this bin vhle stmi eliminat

Last May, Otuba, who is 83, was the Barcha Orhan

wiec tng discriminatory actions ainst India

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Moyadh

lone American to be honored by Emviduals with disabilities.

Bryu
Orula Nickle

peror Akhito among those selected Bantin

Nuan ADA is a timely and compassionate bompen

for recognition with the Order of the Burdick Hatch

hdwood bill that allows those 43 minion dis

Byrd
Hadiel

Rising Sun. He ne nccarded this

Pen abled Americans to work, Uve, enjoy Chains Benllo

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

Heins

cultural and scientiile exchange beCochran Hollnp

Riede ties. There are truly the greatest

Cat
Jetlord

tween Japan and Hawaii, including :

Rol rights any American should have. I

Coord

Johaton RUT Joint United States Japan study to dewholeheartedly support & 933.

Cranston
Kumban

velop & taunami (tidal Fave) barrier
D Amato
Kasten

Shelby The PRESIDING OFFICER. The

for Wo Bay and contributions from Danforth Kennedy

Stmon bill is open to furthe mendment

Duschke
Kerro
Stepon

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

Cocober

Hilo's Queen Liliobalani Part. He is proposed, the question is on agreetng Dixon

Kohl
Stevens

said to be nearly as converunt in HaDodd

Lauterbert Thurmond to the committee mincedmcat in the Date

watan u he is in English and he still Leady

Winer nature of a substitute, u amended.

Domneasa Levta

When

broadcasts weekly on Sunday morning The committee amendment in the Durenberger Liebert

Wirth

radio, pabbhes a twice-monthly news. nature of a substitute, as amended,

Lugar

paper, and operates i cultural museum Pord

Maak Fas agreed to.

Japanese immigration to Hawall The PRESIDING OFFICER. The

NAYS

For all his activity, bowever, Okubo question is on the engrosament and Arcstrong Hels

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is best known as "dreame," one who the thtrd reading of the bin.

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Humphrey Wallap

envisions an en of "The Pacific Man,"

Mochure The bill was ordered to be engrossed

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

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ciflc cultun exchange. As one who third time.

Adana
Inoue
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shares hts dream, Mr. President, I was The PRESIDING OFFICER. The Baucus

Ruden

most interested in a recent newspaper bil having been read the third time,

Bentzen
Metsenbaum Sanford

article on Kiyoshi Okubo which ap-
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Beer the question is. Shall It pags?

peared in the Honolulu Sunday StarBurns

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Mr. KENNEDY addressed the Chair.

Chenn
Pryor

Bulletin & Adverttoer written by Hugh

Lout

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