[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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