JOINT HEARING ON H.R. 2273, THE AMERICANS WITH DISABILITIES ACT OF 1989

JOINT HEARING

BEFORE THE

SUBCOMMITTEES ON SELECT EDUCATION AND EMPLOYMENT OPPORTUNITIES

OF THE

COMMITTEE ON EDUCATION AND LABOR HOUSE OF REPRESENTATIVES

ONE HUNDRED FIRST CONGRESS

FIRST SESSION

HEARING HELD IN WASHINGTON, DC, JULY 18, 1989

Serial No. 101-37

Printed for the use of the Committee on Education and Labor

21-275

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1989

For sale by the Superintendent of Documents, Congressional Sales Office
U.S. Government Printing Office, Washington, DC 20402

COMMITTEE ON EDUCATION AND LABOR

AUGUSTUS F. HAWKINS, California, Chairman

Jackson, Reverend Jesse, President, National Rainbow Coalition

Payne, Hon. Donald M., a Representative in Congress from the State of

New Jersey

Rauh, Joseph, Leadership Conference on Civil Rights; Justin Dart, Jr.,

Chairman, Task Force on the Rights and Empowerment of Americans

with Disabilities; Ms. Sandra Parrino, Chairwoman, National Council

on Disability; and Brother Philip Nelan, Director, Handicapped Em-

ployment Program, National Restaurant Association

Prepared statements, letters, supplemental materials, et cetera:

Page

1

27

14

47

Bartlett, Hon. Steve, a Representative in Congress from the State of

Texas:

Letter to dated July 20, 1989 to Brother Philip Nelan with additional

questions for the record and responses thereto

133

Prepared statement of..

123

Dart, Justin, Jr., Chairman, Task Force on the Rights and Empowerment
of Americans with Disabilities, prepared statement of...

Gunderson, Hon. Steve, a Representative in Congress from the State of
Wisconsin, prepared statement of.

11

Hoyer, Hon. Steny H., a Representative in Congress from the State of
Maryland, prepared statement of.......

21

Jackson, Reverend Jesse, President, National Rainbow Coalition, pre-
pared statement of..

30

Leadership Conference on Civil Rights:

Letter dated September 11, 1989, to Hon. Major R. Owens, enclosing

material for the record

113

Letter dated September 19, 1989, to Hon. Major R. Owens, enclosing

material for the record

142

Martinez, Hon. Matthew G., a Representative in Congress from the State
of California, prepared statement of....

9

Nelan, Brother Philip, Director, Handicapped Employment Program, Na-

tional Restaurant Association:

Parrino, Sandra, Chairwoman, National Council on Disability, prepared

statement of.....

Owens, Hon Major R., a Representative in Congress from the State of

New York, prepared statement of....

Payne, Hon. Donald M., a Representative in Congress from the State of
New Jersey, prepared statement of..

16

Rauh, Joseph, Leadership Conference on Civil Rights, prepared statement

of.......

Rahall, Hon. Nick Joe, II, a Representative in Congress from the State of
West Virginia, prepared statement of.

130

51

Sporar, Alice, Advocacy Correspondent, Advocates for Disabled Orphans,

prepared statement of

144

JOINT HEARING ON H.R. 2273, THE AMERICANS WITH DISABILITIES ACT OF 1989

TUESDAY, JULY 18, 1989

HOUSE OF REPRESENTATIVES,
SUBCOMMITTEES ON SELECT EDUCATION

AND EMPLOYMENT OPPORTUNITIES,

COMMITTEE ON EDUCATION AND LABOR,

Washington, DC.

The subcommittees met, pursuant to notice, at 9:35 a.m. in Room 2175, Rayburn House Office Building, Hon. Major R. Owens [Chairman] presiding.

Members present: Representatives Martinez, Payne, Hayes, Jontz, Mfume, Hoyer, Bartlett, Gunderson, Ballenger, Smith, and Grandy.

Staff present: Maria Cuprill, Gary Granofsky, Wanser Green, Pat Laird, Laurence Peters, Bob Tate, Eric Jensen, Robert Terry Deshler, Michelle Beck, Pat Morrissey, and Randy Johnson.

Chairman OWENS. The joint hearing of the Subcommittee on Select Education and the Subcommittee on Employment Opportunities will come to order.

I will read a portion of my opening statement. The complete statement will be entered into the record.

Chairman OWENS. All over the world, from the townships of South Africa and the shipyards of Poland, to the students in Tiananmen Square in China, people who aspire to a better life look to the image of American democracy as their guiding star.

As Americans, it is our duty to work harder to guarantee that this image more and more becomes reality. At the same time, let us also work harder to maintain our leadership role, to extend the parameters of our democracy, to expand the scope of civil rights and human rights enjoyed by all of our citizens.

Today our immediate focus is on the launching of a comprehensive effort to reaffirm, expand, and more explicitly, delineate the rights of American citizens with disabilities. When we resolve to fully use the Federal Government's authority and resources to. better protect and expand the rights of any group, we stimulate the processes of the empowerment within that group.

The release and recognition of new skills, talents, and new leadership will greatly enrich the fabric of our society. The nation's wealth of human resources will be greatly increased by this empowerment of people with disabilities.

A civilized and moral government which is also seeking to enhance its own self-interest must strive to maximize the opportuni

ties for educational development, equal access and productive employment of all of its citizens.

This Americans with Disabilities Act is a far-reaching and complex legislative initiative. Many parts of the Act will require lengthy, technical discussions. At subsequent hearings, we will review formidable concepts of proposals.

Our purpose today, however, is to emphasize the fact that this Bill is first and foremost a civil rights initiative, a human rights initiative. There are many who will oppose this Act and condemn its basic thrust as being too far-reaching and too great a burden for government.

We must remember that conservatives of this same kind oppose the protection of the rights of laborers, they opposed Equal Rights for Women. They fought furiously against full civil rights for African Americans.

Disabilities Right's leaders understand that their struggle would be no less. Greater than all of the physical barriers are the barriers of entrenched attitudes and the silent insistence that people with disabilities should be grateful for minimal government protection and assistance.

The parallels with the civil rights movement constitute similarities that do not frighten, but instead, inspire the 43 million strong community of people with disabilities residing in every state and spread through every congressional district in the nation.

Forty-three million citizens in democratic America do not need to beg for anything. The Americans with Disabilities Act is the product of a new movement within the disability community. The spirit of the revolution of deaf students at Gallaudet University in the spring of 1988 is embodied in this Act.

This is a document which does not beg. Strong demands are made here; a noble trumpet is sounded here. In the months ahead as we fight for the passage of this long overdue legislation, we welcome the enlistment of all the soldiers who march under the rainbow banner of human rights.

The power, the solidarity, the technical assistance, the negotiating skills, and the ability to inspire; these qualities from all who have contributed to the legacy of civil rights and human rights must now come to the aid of the last of those who have been left out.

With the effect of assembly to support these forces, we have no doubt that this legislation can be passed. We shall overcome. [The prepared statement of Hon. Major R. Owens follows:]