[Congressional Record Volume 153, Number 189 (Tuesday, December 11, 2007)]
[House]
[Pages H15256-H15257]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1515
OVER-THE-ROAD BUS TRANSPORTATION ACCESSIBILITY ACT OF 2007
Mr. OBERSTAR. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3985) to amend title 49, United States Code, to direct the
Secretary of Transportation to register a person providing
transportation by an over-the-road bus as a motor carrier of passengers
only if the person is willing and able to comply with certain
accessibility requirements in addition to other existing requirements,
and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3985
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Over-the-Road Bus
Transportation Accessibility Act of 2007''.
SEC. 2. REGISTRATION OF MOTOR CARRIERS OF PASSENGERS.
(a) In General.--Section 13902(a)(1) of title 49, United
States Code, is amended--
(1) by striking ``and'' at the end of subparagraph
(B)(iii);
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B) the following:
``(C) the accessibility requirements established by the
Secretary under subpart H of part 37 of title 49, Code of
Federal Regulations, or such successor regulations to those
accessibility requirements as the Secretary may issue, for
transportation provided by an over-the-road bus; and''.
(b) Conforming Amendments.--Sections 13902(a)(5) and
13905(d)(1)(A) of such title are each amended by inserting
after ``Board'' the following: ``(including the accessibility
requirements established by the Secretary under subpart H of
part 37 of title 49, Code of Federal Regulations, or such
successor regulations to those accessibility requirements as
the Secretary may issue, for transportation provided by an
over-the-road bus)''.
SEC. 3. OVER-THE-ROAD BUS DEFINED.
Section 13102 of title 49, United States Code, is amended
by adding at the end the following:
``(27) Over-the-road bus.--The term `over-the-road bus'
means a bus characterized by an elevated passenger deck
located over a baggage compartment.''.
SEC. 4. DEADLINE FOR IMPLEMENTATION OF REGISTRATION
REQUIREMENTS.
Not later than 30 days after the date of enactment of this
Act, the Secretary shall take necessary actions to implement
the changes required by the amendment made by section 2(a)
relating to registration of motor carriers providing
transportation by an over-the-road bus.
SEC. 5. COORDINATION WITH THE DEPARTMENT OF JUSTICE.
Not later than 6 months after the date of enactment of this
Act, the Secretary of Transportation and the Attorney General
shall enter into a memorandum of understanding to delineate
the specific roles and responsibilities of the Department of
Transportation and the Department of Justice, respectively,
in enforcing the compliance of motor carriers of passengers
providing transportation by an over-the-road bus (as defined
in section 13102 of title 49, United States Code) with the
accessibility requirements established by the Secretary under
subpart H of part 37 of title 49, Code of Federal
Regulations, or such successor regulations to those
accessibility requirements as the Secretary may issue. Such
memorandum shall recognize the Department of Transportation's
statutory responsibilities as clarified by this Act
(including the amendments made by this Act).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Minnesota (Mr. Oberstar) and the gentleman from Wisconsin (Mr. Petri)
each will control 20 minutes.
The Chair recognizes the gentleman from Minnesota.
General Leave
Mr. OBERSTAR. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous material on H.R. 3985.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Minnesota?
There was no objection.
Mr. OBERSTAR. Mr. Speaker, I yield myself such time as I may consume.
This legislation will ensure that the motor coach accessibility
regulations promulgated by Department of Transportation under the
Americans with Disabilities Act are vigorously monitored and actively
enforced. A leader in this initiative was our committee colleague, the
gentleman from Oregon (Mr. DeFazio). His leadership on this initiative
is of long standing, his commitment to the handicapped community is
well known, and he has been a forceful and vigorous advocate, as has
Mr. Petri, who is the ranking member of the Aviation Subcommittee, and
served previously as Chair of the Surface Subcommittee. He is well
familiar with the issues presented to our fellow citizens saddled with
disabilities.
[[Page H15257]]
Under the Americans with Disabilities Act, the DOT was required to
adopt a final rule, which they did in 1998, requiring vehicle
modifications for intercity buses, charter buses, tour buses, to
accommodate individuals with disabilities.
But regulations have to be enforced to be effective, and the Federal
Motor Carrier Safety Administration has interpreted the motor carrier
statute in a way that limits the agency's ability to assess compliance
with over-the-road bus accessibility regulations.
That's not acceptable. We have had quite some discussion about that
issue. And, in fact, a new version of the American with Disabilities
Act was introduced earlier this year by our majority leader, the
gentleman from Maryland (Mr. Hoyer) and cosponsored and co-initiated by
the gentleman from Wisconsin (Mr. Sensenbrenner) who has long been a
strong advocate for legislation supporting the needs of the handicapped
community.
Relying simply on Department of Justice enforcement authority, the
FMCSA felt it couldn't take action on violations of its own regulations
by over-the-road bus companies. In the U.S. Court of Appeals case,
Peter Pan Bus Lines and Bonanza Acquisition, the court rejected the
claim that the agency does not have discretion to interpret the law to
allow consideration of compliance with ADA. The case was sent back to
FMCSA for further review in February of this year.
But again the agency dragged its feet. After 8 months of failure to
act, the FMCSA responded to the court in October, but only after
Chairman DeFazio and I expressed our intent to legislate a solution if
the agency did not provide its own plans to comply with ADA
requirements.
In the decision, FMCSA defends its position that the agency does not
have the authority to enforce the American with Disabilities Act and
said, ``If Congress intended to expand the fitness criteria to include
compliance with additional DOT regulations such as 49 CFR part 37, it
presumably would have said so.''
Well, we are saying so today. If that's what they think they need,
then we are going to make sure they have the authority to do it. There
is no excuse for any further delay.
Specifically, the pending bill amends section 13902 of title 49 of
U.S. Code to prohibit the Federal Motor Carrier Administration from
granting registration authority to motor carrier providing over-the-
road bus transportation where that carrier is not willing or able to
comply with the accessibility requirements under subpart H of part 37
of title 49, CFR.
This bill will allow DOT to put compliance with ADA on a par with
compliance with safety requirements, further clarifying in this
legislation that the Secretary may suspend, amend or revoke a motor
carrier's registration in the event of willful failure to comply with
ADA. And bill further requires DOT and the Justice Department to enter
into a memorandum of understanding to clearly define each department's
roles and responsibilities in enforcing the provisions of ADA. This was
not a new initiative. Some years ago when I chaired the Economic
Development Subcommittee and the Investigations and Oversight
Subcommittee, my colleague from Pennsylvania, Mr. Klinger, and I
required similar memorandum of understanding among three departments
who were failing to carry out their responsibility on transportation
overlaps.
So what we are doing here in this legislation has precedence of over
20 years ago in a similar issue of transportation.
ADA was enacted 17 years ago. We need to keep our vigilance over its
enforcement, make sure that the agency is doing its responsibility to
oversight and that the carriers are complying with their responsibility
to all members of the traveling public.
Mr. Speaker, I reserve the balance of my time.
Mr. PETRI. Mr. Speaker, I yield myself such time as I may consume.
H.R. 3985 will level the playing field for all bus and motor carrier
companies operating in interstate commerce in this area. The bill
deserves support. I urge all of my colleagues to support it.
Mr. Speaker, I rise today to support this important bipartisan bill
offered by my colleagues on the Transportation and Infrastructure
Committee.
The Over-the-Road Bus Transportation Accessibility Act of 2007 is an
important bill for all people who rely on transportation by bus and
motorcoaches.
H.R. 3985 requires that all buses and motorcoaches comply fully with
the Americans with Disabilities Act, or the ``ADA.'' If not, the U.S.
DOT will revoke the company's authority to operate on our interstates
and highways.
H.R. 3985 will also require U.S. DOT and the Department of Justice to
work together when an ADA violation is discovered. This will ensure
that bus and motorcoach companies that violate the ADA will be held
accountable for their actions.
It is important to note that this bill is not creating any additional
ADA requirements. H.R. 3985 does not change what is currently mandated
in the ADA. Bus and motorcoach companies will not have to change their
business plans, unless they are not obeying the law.
This bill simply ensures that all carriers comply with the ADA, which
is what they are supposed to do anyway. If a bus is not in compliance,
it will not be on our roads.
H.R. 3985 will level the playing field for all bus and motorcoach
companies operating in interstate commerce. Companies who have ignored
the ADA will not have a competitive advantage over the good actors who
have spent substantial amounts on lifts and other equipment to make
their buses accessible.
I have no further requests for time, and I yield back the balance of
my time.
Mr. OBERSTAR. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Minnesota (Mr. Oberstar) that the House suspend the
rules and pass the bill, H.R. 3985.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. OBERSTAR. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
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