NOT HAVE BEEN PERMITTED HIS FULL PARTICIPATION. BUT, AS OUR SOCIETY BECAME MORE INCLUSIVE, IT IS NOT JUST HE, BUT US ALL WHO HAVE BENEFITTED FROM HIS LARGER THAN LIFE CONTRIBUTIONS.

WHO KNOWS WHAT OUTSTANDING CONTRIBUTION LIES DORMANT WITHIN SOME HANDICAPPED PERSON, THAT CONTRIBUTION TEETERING ON THE BRINK OF WHETHER HE OR SHE IS ALLOWED FULL PARTICIPATION IN OUR SOCIETY? THE MOBILITY PROVIDED BY A WHEELCHAIR EQUIPPED BUS FLEET IS AN IMPORTANT ELEMENT OF FULL PARTICIPATION IN OUR SOCIETY.

"FULL MANY A FLOWER IS BORN TO BLUSH UNSEEN,
AND WASTE ITS SWEETNESS ON THE DESERT AIR.

SOME MUTE INGLORIOUS MILTON HERE MAY REST,

SOME CROMWELL, GUILTLESS OF HIS COUNTRY'S BLOOD.

HERE RESTS HIS HEAD UPON THE LAP OF EARTH

A YOUTH, TO FORTUNE AND TO FAME UNKNOWN;"

FROM "ELEGY WRITTEN IN A COUNTRY CHURCHYARD" BY THOMAS GRAY.

Mr. OWENS. Thank you.

Mr. BARTLETT. Mr. Chairman, if the Chairman would yield before we go on to the next witness. As a long-time Texan, I might just comment to the tough, hard-nosed, cost-effective leader on the observations as to how far we have come. The Texas Highway Commissioner is now quoting poetry. My compliments.

Mr. LANIER. Well, do not tell anybody I did it.

[Applause.]

But I believe my thoughts expressed the point. I do.

Mr. OWENS. The Chair also wishes to note that we very seldom get such testimony. It was quite inspiring.

Mr. LANIER. Thank you.

[Applause.]

Mr. OWENS. Mr. Robert Mosbacher, Jr., President and Chief Executive Officer of Mosbacher Energy Company.

STATEMENT OF ROBERT MOSBACHER, JR., PRESIDENT AND CHIEF EXECUTIVE OFFICER, MOSBACHER ENERGY COMPANY Mr. MOSBACHER. Thank you, Mr. Chairman.

I am here appearing not only as president of Mosbacher Energy Company, but also as Chairman of the Texas Department of Human Services Board. I offer my testimony in both regards.

I want to begin by paying tribute to my friend, Congressman Bartlett, from Dallas. Those of us from Houston do not know well Steve Bartlett's commitment to issues of the disabled, but I have had the privilege of knowing Steve and knowing him well, and knowing that he is absolutely committed to this, and has made a tremendous contribution. As a Texas, I am proud he is part of our delegation.

[Applause.]

The Americans with Disabilities Act of 1989, provides this nation an opportunity to take another step towards ensuring civil rights and equality in America for all persons. It affords the roughly 36 million disabled persons living in the United States an opportunity to prove their willingness and ability to participate in, and enhance the work force. This bill represents an important, symbolic step towards ending discrimination against disabled Americans and providing them with equal access to opportunities in our nation.

I applaud the President, his Administration, and the key sponsors of this legislation in the Congress for their bipartisan commitment to expanding the reach of civil rights laws to include disabled Americans. This is a most encouraging example of cooperation between the Executive and Legislative Branches of our Federal Gov

ernment.

Given this evidence of leadership in Washington, it becomes more incumbent upon those of us in positions of responsibility in state government to show similar leadership. To date, that leadership has been sorely lacking.

As a next step in our commitment within the State of Texas to provide the necessary focus, inter-agency coordination, targeted services, and leverage of public and private resources in a more effective manner, I will recommend to the board of the Department

of Human Services that we establish an Office of Disabilities within that department.

Responsibilities of this office might include: planning, design, implementation, administration, coordination, and monitoring of services to persons with disabilities of all ages.

In addition, I have called for the establishment of a Task Force on Disabilities to assist in the establishment of this new office and to help formulate its agenda. It is my intention that these initiatives create programmatic and financial assistance systems that address the goals of this legislation, which are independence and work force participation.

The Texas Department of Human Services plays a central role in the development and delivery of services for persons with disabilities. Designated as a signal state Medicaid agency in Texas, TDHS is responsible for providing services to persons with disabilities, including health, residential, support and protective services. Many disabled persons under the age of 65, for various reasons, have not been served by the current TDHS service delivery system.

Other state agencies charged to serve persons with disabilities are limited either by function or scope of population. For example, the Texas Rehabilitation Commission provides vocational services for adults. The Texas Department of Mental Health and Mental Retardation services persons who have mental illness or mental retardation. The Texas Commission for the Blind serves persons with vision impairments. And the Texas Commission for the Deaf services persons with hearing impairments.

By more effectively coordinating the provision of services at the state level, could with the new efforts at the Federal level, I believe we can maximize the potential impact on disabled persons of these changes. What gives me particular cause for optimism is the growing consensus that we must augment income support for the disabled with a greater emphasis on initiatives for independence, selfsufficiency, and productivity.

[Applause.]

We must remove the barriers and disincentives that prevent or inhibit people from moving off such income support benefits into the work force. Clearly, the Americans with Disabilities Act, coupled with Federal financial assistance programs that reward, rather than penalize employment, will provide a pathway of support towards independence for disabled persons. It is not only good public policy, but it also makes sound economic sense.

The changes made last fall by the Congress in The Family Security Act represent the most fundamental improvements in welfare in over 20 years. This is so largely because of a commitment to make work more profitable than welfare. That is achieved by rewarding work in the form of transitional child care and health care benefits, rather than penalizing those who go to work by systematically removing one form of support after another.

The Americans with Disabilities Act follows the same general approach in terms of encouraging investment in independence and productivity, rather than dependence and debilitating idleness. Not only does it make good economic sense, but it also helps build the dignity and self-esteem of those we seek to assist.

From the perspective of a private sector employer, this legislation is also extremely important. If we are to remain competitive as a nation in the international marketplace, we must have a well trained, well education, and highly motivated work force. Millions of disabled Americans who have been denied access to the work place are well education and can be easily trained.

What is more, they are some of the most highly motivated people in our society today.

[Applause.]

If we look at the demographic changes in the work force that are taking place today and will continue through the balance of this century, it becomes increasingly critical that we call upon disabled individuals to become an appropriate part of the American work force.

I am convinced that our disabled citizens are anxious to fill that need, and with the enactment of this landmark civil rights legislation, we can achieve that goal.

Thank you, Mr. Chairman.

Mr. OWENS. Thank you.

[Applause.]

I would like to call on Mr. Howard Wolf of Fulbright and Jaworski. He also serves as the chairman of the Board of Trustees of the Institute for Rehabilitation and Research.

Mr. Wolf.

STATEMENT OF HOWARD WOLF, PARTNER, FULBRIGHT &
JAWORSKI

Mr. WOLF. Thank you, Mr. Chairman.

I would like to start off by saying that the TIRR, which is the Institute for Rehabilitation and Research, is a primary not-forprofit rehabilitation hospital located in the Texas Medical Center in Houston, Texas. Maybe people that you see in the audience today have been patients of this institution, including Lex Frieden. We have here with us the founder of TIRR, Dr. William Spencer, who is seated behind me.

[Applause.]

And to first address the issue of why is this bill so needed today, I cannot do that any better than to summarize some of the remarks of Dr. Spencer that are going to be inserted into the record.

There are now so many barriers that prevent the disabled person from accomplishing or maintaining crucial activities of daily business. For example, the lack of opportunity to use affordable transportation for shopping, for timely health care services or for access to public and private community services and assistance create needless and costly dependence on others as homebound persons. Services and economic assistance then fall upon overloaded public and private agencies.

Thus, the absence of services and support for independent living can make it nearly impossible to obtain an autonomous or control of one's own life. The alternative becomes chronic care in the hospital for the severely disabled are custodial and placed in a nursing home. Sadly, the occurrence of untreated and preventable medical

complications might ensue and require very costly, intensive and recurring hospital care.

Eventually, severe dependency perpetuates a young or workingage person's lack of access to training or education and lack of employment opportunity. Physical and attitudinal barriers are additional contributions. This situation continually increases the expenditures needed from the person's family, community, state and nation. Such financial losses become unrecoverable in the absence of productivity and independence.

Facts supporting this situation have recently been reported in the national local press. For years this tragic depression has been experienced by hundreds of thousands of disabled persons, by professionals trying to assist them, by independent live-in center personnel and advocacy groups. That alone would justify the adoption of the ADA.

In addition, I would like to say that I have read the testimony of several witnesses before the Senate Committee's Subcommittee on the Handicapped, as well as numerous articles, editorial and papers supporting the adoption of the ADA. This extensive body of material aptly demonstrates that the ADA is a law that will benefit millions of handicapped Americans and is legislation whose time has come.

But I would like to go further than that, and I would like to add some words, I guess, in seconding what Dr. Van Hightower said, and seconding what Bob Lanier said. And I would submit that the ADA should be adopted not only because it will help to empower the disabled persons in our country, but also because it will help to enrich the lives of all citizens in the United States.

[Applause.]

Through my work with TIRR, I have been exposed to numerous instances where businesses, organizations and projects have had the participation of a disabled person. Invariably, once they get their "wheels in the door"-to modify a phrase-disabled persons add a new constructive, dramatic dimension to the dynamics of the situation. This is because it is impossible to work or play, in concert with a handicapped person, and not be inspired and motivated by their determination, their courage, and their perseverance.

When we deny a disabled person the opportunity to work, travel, eat or be entertained or in any way to participate in activities with other people, everyone loses. The ADA is not just a bill for Americans with disabilities, it is legislation that will benefit all Americans. It is time to pass the ADA.

And in conclusion, I would like to address an issue that concerns, I know, the committee, and specifically that you referred to, Mr. Bartlett, and that is remedies.

As a full-time practicing lawyer, I would say to you that strong remedies are essential to the effective implementation of this and other civil rights laws. The Civil Rights Act of 1964 is an effective lay today because of the private remedy provisions contained in the 1964 Act and strengthened through the years by amendment.

Civil right laws depend heavily on private enforcement. Provisions such as the right to attorney's fees, injunctive relief and damages are essential to provide private citizens a meaningful opportunity to vindicate their rights. Attempts to weaken the remedies