our Employment Training Choices Program in the welfare department, which has placed over 50,000 welfare recipients into decent jobs during the last few years, we are now striving to ensure that people with mental and physical disabilities in our State have access to jobs mainly in the private sector and that they have the support that they may need to do those jobs.

The passage of the ADA could spur the Federal Government to invest in programs like "Support and Employment," and to target JETPA and other Federal programs specifically to training and placement of disabled people.

Finally, health security is critical to the lives of disabled citizens who may be discouraged from seeking work because they are afraid of losing Federal or State health coverage. I might just point out that in hearings across the State that were held a year and a half ago around our Universal Health Insurance legislation, the most moving testimony that we heard was from people who were physically and mentally disabled who said, "We want to go to work, but we can't because of this disincentive in private insurance policies which really force us to stay home and remain eligible for Medicaid."

But we are proud, now, of having enacted this legislation to be the first State in the Nation to guarantee health coverage for every single citizen in Massachusetts. Two special provisions, as I mentioned earlier in the law, covered children with disabilities and working disabled adults. The passage of the ADA would set a standard for insurers and would offer incentives in health insurance programs to allow disabled citizens to live and to work as independently as possible.

I strongly urge that you recommend the act to the full committee and that you work to pass this essential and long overdue piece of legislation. People with disabilities have every right to have the same opportunities available to them that are available to the rest of us in this country. Thank you very much.

Mr. OWENS. Thank you very much, Mr. Secretary. Both of you two distinguished witnesses. We will enter upon the record your full statements and we do want you to stand by. We would like to invite you back as the committee continues its deliberations next year on these bills. There are many questions that we need to have answered, especially, Mr. Secretary, your position places you in a position to help us a great deal with the problems of adequate enforcement and just how far the Government is willing to go. And to Commissioner Dart, we certainly want to thoroughly review the summary report. And you implied-you did not imply-you stated in your testimony that even a person as knowledgeable as you— and you are one of the persons in the country who is most knowledgeable about the problems faced by people with disabilities, you were shocked to find how tremendous the problem was, how terrible the problem was across the Nation. I think further documentation of that and discussion of that on the record will be very much in order. And we would like to invite you back at a time when we can go into it in more detail.

Thank you very much.

We have a very full agenda here. At this point, we are going to have to move to the clock and time each of the panelists from here

on out. I think you have about 5 minutes, each panelist from here on. The next panel consists of Commissioner Elmer Bartels of the Massachusetts Rehabilitation Commission; Commissioner Barbara Jean Wood of the Commission for the Deaf and Hard of Hearing; Commissioner Charles Crawford, Massachusetts Commission for the Blind; Mary McCarthy, and Kevin Preston.

[Pause.]

Mr. Preston is not here.

Well, I think you have heard my enunciation of the ground rules which we all understood. In order to get the greatest number of people in today, we have to limit it from here on out to about 5 minutes. So, please proceed, Commissioner Bartels.

STATEMENT OF ELMER C. BARTELS, COMMISSIONER,
MASSACHUSETTS REHABILITATION COMMISSION

Mr. BARTELS. Thank you, Mr. Chairman. I am pleased to appear before the distinguished panel in the company of my fellow commissioners and my fellow disability advocates to support the Americans With Disabilities Act. I am also particularly pleased that Congressman Atkins was able to join the committee for purposes of this hearing to assure that it would, in fact, be an on-the-record hearing.

The Americans With Disabilities Act legislation embodies the policies that address some very fundamental and important problems that prevent clients and participants in our vocational and independent living rehabilitation programs and 36 million other citizens from being contributing citizens in providing their talents and efforts at work and in the community life in this great America. Two hundred and twelve years ago in Philadelphia, 56 men signed the Declaration of Independence which set forth the basic promises to all of us, the fundamental principles of our American society. That is: "We hold these truths to be self-evident, that all men are created equal and that they are endowed by their Creator with certain inalienable rights that among those are life, liberty, and the pursuit of happiness." And that is what the Americans With Disabilities Act is all about.

The promises of that first American document remain unfulfilled for many of the 36 million citizens with disabilities who share the ideals and aspirations on which our country is founded.

A major difference between persons with disabilities and other individuals is the number and complexities of the barriers we face in trying to work, to live, and to achieve our dreams of life, liberty, and the pursuit of happiness.

We have begun to eradicate some of the physical barriers which keep people who use wheelchairs from entering our public buildings and using public facilities that able-bodied people take for granted.

We have a Federal-State vocational rehabilitation and independent living program that are nationally available and serve over 950,000 people with disabilities annually and enable 226,000 of them to go to work each year.

Federal vocational education grants support State and local efforts to prepare 490,000 students with disabilities for employment.

Hundreds of thousands of children with disabilities are in special education programs and we have a patchwork of laws and policies which precludes some kinds of discrimination against some people with disabilities and require some government programs to provide effective services for this population to include reasonable accommodations. These are good beginnings, but I must stress: These are only beginnings. Far too many people with disabilities lack access to the great American Dream and real opportunities for work and community participation which remains unrealized:

Here in Massachusetts, the policy of civil rights for people with disabilities is not new. In fact, they have been enacted and implemented into a patchwork fashion in several States to encompass some of the rights and activities that are protected under the Americans with Disabilities Act.

Our own State of Massachusetts under the leadership of our Governor has pioneered the civil rights policies that have broadened the opportunities and options available to people with disabilities. The first principles of State disability policy were established in 1980 by amending the Massachusetts Constitution. Article 114 states that:

No otherwise qualified handicapped individual shall, solely by reason of his handicap be excluded from the participation in, denied the benefits of, or be subject to discrimination under any program or activity within the Commonwealth.

We are proud of that 1980 amendment which recognized the basic civil rights of people with disabilities and enhanced the proud history of our State constitution.

As the State director of vocational rehabilitation in Massachusetts, I am very frustrated by the institutional racism with respect to disabilities that I have seen within our Federal Government. Over the last 8 years, the administration has in every turn proposed to mitigate against the independent living and vocational options and civil rights of people with disabilities.

To see our representatives go before congressional committees and say that the vocational rehabilitation program is not cost effective is one very damaging act that was taken and does not help us out in the State to provide meaningful vocational rehabilitation for people with disabilities.

To see our President veto the Civil Rights Restoration Act that was so important to us as people with disabilities is very discouraging, both as a person with a disability and as an administrator who is trying to help people with disabilities live independently.

Mr. OWENS. Mr. Bartels, could you wind up? Your bell has rung. Mr. BARTELS. We know the concepts and policies with laws to protect the civil rights of citizens with disabilities. All we need to do is to get about the business of passing those through the ADA. Thank you, Mr.Chairman.

[The prepared statement of Elmer C. Bartels follows:]

TESTIMONY OF COMMISSIONER Elmer C. Bartels, Massachusetts Rehabilitation

COMMISSION

I am pleased to appear before this distinguished panel in the company of my fellow Commissioners and my fellow disability advocates to support the Americans With Disabilities Act. This legislation embodies policies that address some very fundamental problems that prevent clients and participants in our rehabilitation pro

grams and 36 million other citizens from contributing their talents and efforts at work and in community life and sharing in the Great American Dream.

1. Barriers to The American Dream.-112 years ago in Philadelphia 56 men signed the Declaration of Independence, which set forth the basic promises to all of us, the fundamental principles of our American society.

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable rights, that among those are life, liberty and the pursuit of happiness."

The promises of that first American document remain unfulfilled for many of the 36 million citizens with disabilities who share the ideals and aspirations on which our country is founded.

A major difference between persons with disabilities and other individuals is the number and complexity of barriers we face in trying to work, to live and to achieve our own dreams of life, liberty and the pursuit of happiness. We have begun to eradicate some of the physical barriers which keep people who use wheelchairs from entering our public buildings and using public facilities that able-bodied people take for granted. We have federal-state vocational rehabilitation and indepedent living programs that nationally serve over 950,000 people with disabilities and enable 226,000 of them to go to work each year. Federal vocational education grants support state and local efforts to prepare 490,000 students with disabilities for employment. Hundred of thousands of children with disabilities are in Special Education programs and we have a patchwork of laws and policies which preclude some kinds of discrimination against some people with disabilities and require some government programs to provide effective services for this population through reasonable accommodation.

These are good beginnings, but only good beginnings. Far too many people with disabilities the American Dream and real opportunities for work and community participation remain unrealized. Government programs and services are now more accessible to people with disabilities. More needs to be done in terms of compliance. Opportunities within the private sector, by and large, are still not covered by law. Social barriers and negative attitudes continue to create serious barriers to the kind of work and opportunities which are available to people with disabilities. Prejudice and stereotypes about the capabilities of people with various types of disabilities restrict where they can live, where they can eat and socialize, how they communicate and get information in this media-driven society, and other fundamental activities in work and community life. Too many people are limited in their lives and dreams by social customs and practices, based on attitudes that many activities are impossible for people with disabilities.

2. A Response: The Americans With Disabilities Act.-The Americans With Disabilities Act embodies policies that are designed to address those negative attitudes and exclusionary practices by creating a climate of possibilities for people with disabilities in both the private and public sectors. The most important feature of this legislation is its involvement of the private sector in opening up our society so that people with disabilities have better access to work and ordinary activities. It is a broad civil rights law that prohibitis discrimination on the basis of handicap in employment, housing, public accommodations, travel, communications, and activities of State and local governments.

The Act covers employers engaged in commerce who have 15 or more employees; it also prohibits discrimination by housing providers covered by Federal fair housing laws; transportation companies; those engaged in broadcasting or communications. The Act prohibits discrimination in public accommondations covered by Title VIII of the Civil Rights Law-hotels, motels and restaurants that are involved in inter

state commerce.

It specifically defines discrimination, including various types of international and unintentional exclusion; segregation; inferior or less effective services, benefits or activities; architectural, transportation, and communication barriers; failing to make reasonable accommodations; and discriminatory qualifications and performance standards.

It also specifies those actions that do not constitute discrimination. They include unequal treatment wholly unrelated to a disability or that which is the result of legitimate application of qualifications and performance standards necessary and substantially related to the ability to perform or participate in the essential components of a job or activity.

The Act will not repeal Sections 503 and 504 of the Rehabilitation Act of 1973 which prohibit discrimination by federal contractors and by state and local governments receiving federal grants. All regulations issued under those sections will remain in full force and effect.

Enforcement procedures are modeled on other civil rights laws and include administrative remedies, a private right of action in Federal court, monetary damages, injunctive relief, attorney's fees, and cutoffs of Federal funds.

3. State Civil Rights Policy: The Massachusetts Experience.-These policy concepts are not new. In fact, they have been enacted and implemented in a patchwork fashion in several states to encompass some of the rights and activities that are protected under the Americans with Disabilities Act. Our own state of Massachusetts, under the leadership of Governor Dukakis has pioneered civil rights policies that have broadened the opportunities and options available to people with disabilities here.

The first principles of state disability policy were established in 1980 by amending the Massachusetts Constitution. Article 114 states that: "No otherwise qualified handicapped individual shall, solely by reason of his handicap, be excluded from the participation in, denied the benefits of, or be subject to discrimination under any program or activity within the Commonwealth."

We are proud of that 1980 amendment which recognized the basic civil rights of people with disabilities and enhanced the proud history of our state Constitution, which is one of the oldest Constitutions in the nation and provided the model for the Federal bill of rights.

In 1983 the Massachusetts Legislature enacted Chapter 533 to prohibit employment discrimination on the basis of handicap. It further guarantees qualified individuals the right to fair treatment in employment situations by placing upon both private and public employers the duty to make reasonable accommodations so that a person with disabilities can perform the essential functions of a particular job. The Massachusetts anti-discrimination law is being vigorously enforced by our state civil rights agency.

In 1984, Governor Dukakis issued Executive Order 246 to implement Article 114. That Executive Order further strengthens the commitment of the Commonwealth to equal access for people with disabilities. Its broad mandate states that: "Non-discrimination and equal opportunity are the policy of the Executive Department of the Commonwealth of Massachusetts in all of its decisions, programs and activities. To that end, each executive officer serving under the governor, and all state employees shall rigorously take affirmative steps to assure equality of opportunity for handicapped individuals in the internal affairs of state government, as well as in their relations with the public, including those persons and organizations doing business with the Commonwealth."

Under this order all state agencies have developed procedures for assuring nondiscrimination and affirmative action in employing individuals with disabilities. State contractors for construction, goods and services may not discriminate and must undertake affirmative action programs to provide equal access for individuals with disabilities. The Executive Order affects all public education facilities and programs, as well as health care and private educational facilities licensed or chartered by the state. It prohibits housing discrimination and requires adoption of affirmative action procedures to assure that individuals with disabilities in state financed or subsidized housing are not segregated or otherwise limited in their access to these publicly supported services.

In addition, Massachusetts has developed strong programs that support the inde pendence and productivity of persons with disabilities, including the state-federal vocational rehabilitation programs, a network of independent living centers, a personal care attendant program that helps persons with severe disabilities continue to work, and other services provided to persons with the disabilities by the Massachusetts Rehabilitation Commission, the Commission for the Blind, and the Commission for the Deaf and Hard of Hearing, and our Departments of Mental Health and Mental Retardation. The Commonwealth also provides advocacy and policy leadership on behalf of people with disabilities through the Office of Handicapped Affairs. The Massachusetts experience shows that civil rights policies, together with services, can expand the options available to people with disabilities. But Massachusetts is only one of the fifty states. We want to share our vision of the American dream and ideas about how the barriers to its achievement can be eliminated so that people with disabilities have equal opportunities all across this nation.

4. Section 504: The Beginning of Federal Civil Rights Policy.-Federal civil rights policy is not new. Ever since the 1964 Civil Rights Act, people have discussed expanding those laws to assure the basic civil rights and access of people with disabilities to housing, employment, and public accommodations. Fifteen years ago, the Rehabilitation Act of 1973, was enacted as the first law that expressly recognized the civil rights of people with disabilities. That landmark policy has been a principle that guides the current efforts of people with disabilities to gain access to govern