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Capozzi, David, vice president, National Easter Seal Society, Manager, Project
ACTION

Letter from James A. Mather, mayor of the city of Oshkosh to the Hon.
Robert Kasten

Prepared statement of Dan Dirks, community relations representative,
SMART....

Currey, Fred G., chairman and CEO, Greyhound Lines, Inc., H.R. 2273
"Annual Cost for Greyhound".

Hammerschmidt, Hon. John Paul, a Representative in Congress from Arkansas, Letter from Robert L. Alexander, president, Twin Lakes Bus Lines, Inc Petri, Hon. Thomas E., a Representative in Congress from Wisconsin, letter from Hon. Paul Soglin, mayor of the city of Madison to Hon. Herb Kohl, U.S. Senator from Wisconsin.

Wingen, Kathleen T., director and founder, Advocacy Plus Action, Inc., letter from the St. Cloud Area Disabilities Council dated September 18, 1989

ADDITIONS TO THE RECORD

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American Foundation for the Blind, Inc., Washington, DC, letter
Kleczka, Hon. Gerald D., a Representative in Congress from Wisconsin,
letter.

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Oftedahl, Laura, director for public affairs, Columbia Lighthouse for the
Blind, Washington, DC, statement

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Paralyzed Veterans of America, Northwest Chapter, Seattle, WA., George B.
Turner, president, and Jack Michaels, board member, letter..
Washington Coalition of Citizens with Disabilities, Seattle, WA, Anne Waltz,
President, letter......

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K<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."

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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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