Chairman OWENS. I yield to the chairman of the Employment Opportunities Subcommittee, Mr. Martinez, for an opening state

ment.

Mr. MARTINEZ. Mr. Chairman, I have a statement that I would like entered into the record in its entirety. I am anxious to hear from our colleague, Mr. Payne, who is representing Ron Dellums, and, of course, the Rev. Jesse Jackson.

Let me simply say that the issue is not new before us. It has been before us for a couple of sessions now. Hopefully this time we will have more success in passing a bill out. Protecting Americans with disabilities in the private sector and in the private work place, sharing equal access to all people, is something that all Americans should really be striving for.

The opposition to bills like this and to civil rights in general is obviously resistance to change simply because doing it the old way means that the control remains in the hands of a few. I think that there is always a fear from those who forget that their success was due to the fact that there was opportunity provided for them and that that opportunity was not hampered in any way and after they became successful. These few people really didn't want to really reach down and bring anybody along because it might mean that there would be competition for their jobs, I think.

This kind of short sighted thinking doesn't belong in the mainstream of America anymore and it certainly will not enhance opportunities to pull other people into the mainstream. I think we need to realize that this kind of shortsighted thinking really burdens society with supportive payment to people who are discriminated against without a means for self-sufficiency. Their plight is worse than the traditional minority groups in that people with disabilities oftentimes find themselves in that age old bind that handicapped people are not capable of accomplishing what a fully functional person can.

Well, I have news for you. Some people who are physically handicapped regard that as physical challenge rather than handicapped and have been able to accomplish a lot more than people with their full capability. The world is full of examples of that and I don't have to list them here today, but let me say that if we are going to move forward and truly be a country of opportunity for everyone, we need to pass this legislation.

We need to do the things that we haven't done in the past years because there are too many people of conscience out there that are not going to sit idly by while Congress sits and fiddles while Rome burns.

Thank you, Mr. Chairman.

[The prepared statement of Hon. Matthew Martinez follows:]

STATEMENT OF CHAIRMAN MATTHEW G. MARTINEZ, JOINT HEARING ON THE AMERICAN DISABILITIES ACT OF 1989, HR.2273, WITH THE SUBCOMMITTEE ON SELECT EDUCATION, TUESDAY, JULY 18, 1989, 9:30 2175 RAYBURN

THANK YOU CHAIRMAN OWENS.

IT IS INDEED MY PLEASURE TO CO-CHAIR THIS HEARING TODAY ON

THE AMERICAN DISABILITIES ACT. I WOULD LIKE TO THINK THAT OUR

COMMITTEE IS TAKING THE LEAD ON THIS VITAL LEGISLATION, AND WILL

BE THE FIRST COMMITTEE TO MOVE THE BILL ALONG IN CONGRESS.

PROTECTING AMERICANS WITH DISABILITIES IN THE PRIVATE SECTOR

WORKPLACE AND ASSURING EQUAL ACCESS TO PUBLIC SERVICES AND

ACCOMODATIONS IS A CIVIL RIGHTS PRIORITY WHOSE TIME HAS COME.

LIKE ANY OTHER PART OF OUR SOCIETY, FAILURE TO HARNESS THE

FULL TALENTS OF OUR DISABLED CITIZENS, ROBS OUR NATION OF A

PRODUCTIVE AND ENTHUSIASTIC HUMAN RESOURCE BASE. THIS NOT ONLY

BURDENS SOCIETY WITH SUPPORT PAYMENTS, BUT PERPETUATES A HORRIBLE

TRAGEDY OF DESTROYING THE LIVES AND ASPIRATIONS OF INDIVIDUALS

WHO SEEK ONLY SELF-SUFFICIENCY AND TO JOIN MAINSTREAM SOCIETY.

THE PRIMARY RIGHTS AND ENFRANCHISEMENT WE ADDRESS TODAY IN

THIS LEGISLATION, ARE TO GUARANTEE EQUAL ACCESS TO A GROUP OF

CITIZENS WHO HAVE BEEN DENIED THEIR OPPORTUNITY TO ACHIEVE THE

AMERICAN DREAM. THEY EXPECT NO MORE NOR NO LESS. WE SHOULD NOT

STAND IN THE DOORWAY TO THEIR WANTS.

I LOOK FORWARD TO HEARING FROM OUR ESTEEMED GUESTS TODAY.

Chairman OWENS. Mr. Gunderson, the ranking member of the Employment Opportunities.

Mr. GUNDERSON. Thank you, Mr. Chairman. First, I want to ask unanimous consent to insert a full statement into the record.

I simply want this morning to share with everyone a personal experience which I think is indicative of the reason that this legislation is, and ought to be, in front of not only these two committees, but the Congress at the present time. Many of you know that I happen to be a member of the Board of Trustees of Gallaudet University. It has been a great honor and privilege. As part of my working with the hearing impaired community, I felt it was important that I provide employment for one of these people in my office.

So, earlier this year, I hired a hearing impaired woman to work in my office. I was back in Wisconsin visiting with my father at the time and indicated to him that I had just hired a deaf woman to work in my office.

My father's response was, "Well, what can she do?" Now, the truth is, in all due respect to all of the staff sitting in this room, she is one of the few people in my office who is not distracted constantly by conversation. I would suggest she probably is a more efficient worker than most of the people in my office, but I think those innocent honest words by my father are indicative of the challenges facing the handicapped community as they seek full employment and participation in today's society.

Obviously the legislation in front of us is significant in its scope and its breath. Obviously, there are some areas where the language has produced some controversy, some questions over the technical intent. I have no doubt between our committee and the other committees that will look at this legislation, we can work those things out.

So, let's start out on a bipartisan commitment to a bipartisan solution to give every handicapped person full opportunities we now enjoy. Thank you.

[The prepared statement of Hon. Steve Gunderson follows:]

Remarks by the Honorable Steve Gunderson (R-WI)

AMERICANS WITH DISABILITIES ACT

Joint Hearing

Subcommittee on Employment Opportunities
Subcommittee on Select Education

July 18, 1989

Mr. Chairman, this morning's proceedings mark the commencement of a journey long overdue. For some time we have been making pledges and promises of our desire to empower the disabled community. Now it is time for us to deliver. Our deliberations will measure our commitment to this important task, and I look forward to working with you in the same spirit that has marked our past deliberations.

As with most discussions we undertake, it is the aim of today's hearing to begin rectifying a wrong and to fill a need in mainstreet U.S.A. I personally believe that some action needs to be taken; that we need to further displace the barriers which prohibit mainstreaming of disabled persons in our society.

There are few things more appropriate for us to do, Mr. Chairman, than to create an environment in which people can

empower themselves and realize their dreams. I am reminded of
the importance of this cause as I recall the struggle to overcome
fears and to realize hopes within the deaf community that were
demonstrated in the appointment of Gallaudet University's
first deaf president.

The problem that marked Gallaudet's history prior to the appointment of I. King Jordan a year and a half ago pervades America. Our society has been, and in some sense continues to be,

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Hearing-ADA

insensitive.

Whether intended or unintended, insensitivity to

culture and situation, and to one's predicament and past history,

leads ultimately to the suppression of one's talents and to the oppression of one's God given rights. This should not and cannot be tolerated.

Hopefully this morning's

I look forward to today's discussion. witnesses can be candid with us and share new insights. However, while harboring great hopes that our efforts will bear fruit and that we will indeed provide disabled persons the ability to become even more independent and productive, I am concerned about the scope and the ambiguity of the legislation currently framing our discussions. The "Americans with Disabilities Act", while positive in intent, now must be considered fully and carefully prior to enactment into law.

First and foremost I am concerned about pro-litigation and anti-education tilt. I am aware of claims that education is not enough, but concepts such as "potential discrimination," "undue burden," and "reasonable accomodation" are unclear and in need of

clarification.

Attention also needs to be given to the costs of proposed legislati We need to substantiate both the cost of lost tax revenues

and increased transfer payments when individuals with disabilities are not accomodated. And we need to equate in the cost of

accomodating such persons. Furthermore, I believe we would do well to re-examine the impact of this legislation upon small

businesses and rural and small municipalities.

Finally, as we continue this dialogue we must stress