area of handicapped parking and the services of the Department of Rehabilitation in the State of California. I would like to suggest a warning for the future concerning people like me, people with severe physical disabilities. I believe that what I have seen developing in these programs, is a harbinger to some extent has already happened in the 504, and that is that what I call the new disabled will be created to replace the old disabled. That the same people were unemployed before Americans with Disabilities Act will be unemployed after it. The reason this is, is they are busy redefining what disability is. I refer to the handicap placard scandal in California where everyone and his brother is now physically handicapped. I refer to the Department of Rehabilitation which are packed within the physically handicapped classification, people who you nor I nor anyone else, would ever see as physically handicapped. If you like the word "disabled," that's fine; I happen to like handicap better. But what is going on is a new disabled is being created to replace the severely, physically handicapped, and the standard of determination is to fill the open jobs that the Reagan administration has created, and the Bush administration in minimum wage, entry level service employment. The standard of the new disabled is to meet that need, and the severely physically handicapped, I believe, will continue to be not served by the Americans with Disabilities Act. I hope I am not right, but I have seen the pattern. Thank you very much. Senator HARKIN. Thank you. I appreciate that. I said absolutely no more, but this woman right here says she has a short one I've got to catch a plane; we are going to miss our plane-and I told the people in Oakland that I would be right there this afternoon. Please, if you are short. STATEMENT OF GRACE DEASON Ms. DEASON. I will be very brief. My name is Grace Deason, and I am the president of the San Gabriel Valley group of Self Help the Hard of Hearing People, and I am also on the City of Pasadena Commission for Accessibility and Disability. Ordinarily I would not be able to hear in this room, but thanks to the ADA there is an audio loop that has been installed-this is the first time it has ever been put in this room, and we would not have it without the ADA Senator HARKIN. Well, somebody contacted our office and asked about it, and we contacted the mayor's office and they put one in today. Ms. DEASON. I phoned Washington and Los Angeles and I said how am I going to hear. Senator HARKIN. Well, you got it done and I thank you for it. Ms. DEASON. So I am very thankful for that sort of birthday present by ADA to me, and I thank you. Senator HARKIN. Thank you very much. [Additional statements submitted for the record follow:] NEWS RELEASE Tom Harkin OF IOWA UNITED STATES SENATOR OVERVIEW OF THE AMERICANS WITH DISABILITIES ACT OF 1990 The purpose of the ADA is to provide a clear and comprehensive national mandate to and discrimination against individuals with disabilities and to bring persons with disabilities into the economic and social mainstream of American life; to provide enforceable standards addressing discrimination goverment plays a central role in enforcing these standards on behalf of individuals with disabilities. The ADA defines "disability to men, with respect t an individual: a physical or mental impaiment that substantially limits one or more of the major life activities of such individual, a record of such an impairment, or being regarded as having such an impairment. This is the same definition included in section 504 of the Rehabilitation Act of 1973, the Fair Housing qualified individual with BRITY the standards of Eating section 504 of the abilitation Act of 1973, including the obligation to provide reasonable undue hardship Title II of the ADA specifies that no qualified individual with a disability may be discriminated against by a public entity i̟.e., a state and Existing facilities must be made accessible if the changes are "readily achievable" 1.e., easily accomplishable without much difficulty or expense. Auxiliary aids and services must be provided unless such provision would fundamentally alter the nature of the program or cause an undue burden. New construction and major renovations must be designed and constructed to be readily accessible to and usable by people with disabilities. Elevators need not be installed if the building has less than three stories or has less than 3,000 square feet par floor except if the building is a shopping center, shopping mall, or offices for health care providers or if the Attorney General decides that other categories of buildings require the installation of elevators. Title III also includes specific prohibitions on discrimination in public transportation services provided by private entities, including the failure to make new over-the-road buses accessible six years from the date of enactment for large providers and seven years for small providers. "Accessibility" will be defined in regulations issued by the Secretary of Transportation and reflect the results of a 3-year study conducted by the Office of Technology Assess nt. Lifts are not necessarily required on all new buses. Title III incorpors enforc int provisions in private actions comparable to the applicable enforc ent provisions in title II of the Civil Rights Act of 1964 (injunctive relief) and provides for pattern and practice cases by the Attorney General. The Attorney General may also seek monetary (not punitive) daạng on behalf of an aggrieved individual and civil penalties. The provisions of title II become effective 18 months after the date of int. However, except for actions relating to the failure to make alterations and new construction readily accessible to and usable by individuals with disabilities, no civil action may be brought for any act or mission considered discriminatory under the Act against businesses that employ 25 or fever employees and during the first 6 ths after ought for any act or omission es receipts of $1,000,000 or less fective date and no civil actions may be discriminatory under the Act against businesses that employ 10 or fewer employees and have gross receipts of $500,000 ar less during the first year after the effective Title IV of the ADA specifies that telephone services offered to the general public must include interstate and intrastate telecomunication relay services so that such services provide individuals who use nonvoice terminal devices because of disabilities (such deaf persons) with opportunities for communications that are equivalent provided to individuals able to use voice telephone services. Miscellaneous provisions. Title V of the ADA includes miscellaneous provisions, including coverage of Congress, construction clause explaining the relationship between the provisions in the ADA and the provisions in other Pederal and State laws; a Instruction clause explaining that the ADA does not disrupt the current ture of insurance underwriting; a prohibition against retaliation; a clear statement that States are not immune from actions in courts of competent jurisdiction for a violation of the ADA; a directive to the Architectural and ansportation Barriers Compliance Board to issue guidelines; and authority to award attomey's fees. 1. RESPONSES TO ISSUES RAISED ABOUT THE What is the purpose of the Americans with Disabilities Act of 1990 (ADA)? The purpose of the ADA is to provide clear, strong, consistent, enforceable standards addressing all forms of discrimination against individuals on the basis of disability. 2. What is the scope of the ADA? The ADA extends civil rights protections for people with disabilities to cover such areas as employment in the private sector, public accommodations (such as theaters, hotels, restaurants, shopping centers, grocery stores), services provided by state and local governments, public and private transportation, and telecommunication relay services. 3. Why is the ADA necessary? The National Council on Disability (an independent Federal agency whose current membership consists of 15 persons appointed by Presidents Reagan and Bush), the Civil Rights Commission, and the two recent polls conducted by Lou Barris all conclude that discrimination against individuals with disabilities in the areas listed above is still pervasive in our society. The historic Civil Rights Act of 1964 does not cover people with disabilities, and thus, they have no Federal protections against discrimination in these areas. Federal law only protects against discrimination in Federal employment (section 501 of the Rehabilitation Act of 1973), affirmative action by Federal contractors (section 503), discrimination by entities receiving Federal aid (section 504), and activities conducted by the Federal Government (section 504). Discrimination is sometimes the result of prejudice; sometimes it is the result of patronizing attitudes; and still other times it is the result of thoughtlessness or indifference. But whatever its origin, the result are the same: segregation, exclusion, or the denial of equal, effective and meaningful opportunities to participate in programs and activities. Discrimination affects all categories of people with disabilities, including those with mobility impairments, sensory impairments, mental retardation, and other physical and mental impairments. It affects those who have hidden disabilities such as cancer, diabetes, epilepsy, heart disease and mental illness; people who have a history of a disability but are no longer disabled; persons who have been incorrectly classified as having a disability; and those who do not have a disability but who are treated or perceived by others as having a disability. 4. Who developed the first version of the ADA? The first version of the Americans with Disabilities Act was developed by the National Council on Disability, whose membership included Justin Dart, long-time stalwart of the Republican Party, and Jeremiah Milbank, the founder of the Eagle Forum. All of the fifteen members of the National Council on Disability were appointed by President Reagan. The ADA was the product of two reports, Toward Independence and On the Threshold of Independence. This version was introduced by Senator Weicker and Congressman Coelho. The ADA of 1989 was revised and introduced by Senator Harkin and Congressman Coelho. Congressman Hoyer is now the lead sponsor. 5. Has the bill been subject to close scrutiny and review? Yes. In April 1988, S. 2345, The Americans with Disabilities Act of 1988, was introduced. A joint hearing between the House and Senate was held on September 27, 1989. S. 933, the Americans with Disabilities Act of 1990, was introduced on May 9, 1989. Four hearing were held in the Senate on S. 933, the last of which occurred on June 22, at which time Attorney General Dick Thornburgh testified on behalf of the Bush Administration. The Committee on Labor and Human Resources reported out the bill on August 2, 1989 by a vote of 16-0. 76-8. The Full Senate passed the bill on September 7, 1989 by a vote of H.R. 2273, the Bouse companion bill, was also introduced on May 9, 1989. Five hearings were held by the Committee on Education and Labor; two hearings by the Committee on Energy and Commerce; one hearing by the Committee on Public Works; four hearings by the Judiciary Committee; and one hearing by the Small Business Committee. The Education and Labor Committee reported out the bill on November 14, 1989 by a vote of 35-0. The Energy and Commerce Committee reported out the bill on March 13, 1990 by a vote of 40-3. |