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1 SEC. 604. REGULATIONS BY THE ARCHITECTURAL AND TRANS

2

3

PORTATION BARRIERS COMPLIANCE BOARD.

(a) ISSUANCE OF GUIDELINES.-Not later than 6

4 months after the date of enactment of this Act, the Architec5 tural and Transportation Barriers Compliance Board shall 6 issue minimum guidelines that shall supplement the existing 7 Minimum Guidelines and Requirements for Accessible Design 8 for purposes of sections 304 and 404.

9 (b) CONTENTS OF GUIDELINES.-The guidelines issued 10 under subsection (a) shall establish additional requirements, 11 consistent with this Act, to ensure that buildings, facilities, 12 and vehicles are accessible, in terms of architecture and 13 design, transportation, and communication, to individuals 14 with disabilities.

15 SEC. 605. ATTORNEY'S FEES.

16 In any action or administrative proceeding commenced 17 pursuant to this Act, the court, or agency, in its discretion, 18 may allow the prevailing party, other than the United States, 19 a reasonable attorney's fee, including litigation expenses, and 20 costs, and the United States shall be liable for the foregoing 21 the same as a private individual.

22 SEC. 606. EFFECTIVE DATE.

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This Act shall become effective on the date of 24 enactment.

HR 2273 SC

Mr. EDWARDS. Yesterday, the Senate Labor and Human Resources Committee marked up the Senate companion bill, S. 933, and unanimously adopted a substitute by its key sponsors, Senators Harkin and Kennedy. I believe the ADA must contain both comprehensive antidiscrimination protection and an effective enforcement mechanism. The compromise worked out between the Senate and the Bush administration will be carefully analyzed by the subcommittee to determine whether it meets these goals. We are pleased, of course, that President Bush has joined us and has endorsed the ADA.

The Rehabilitation Act of 1973 was our first attempt to provide some degree of antidiscrimination protections for persons with disabilities. We continued this progress last year with the enactment of one of the major accomplishments of the subcommittee, as well as the last Congress, the Fair Housing Amendments Act of 1988. The Fair Housing Act now prohibits discrimination against persons with disabilities and requires new, multifamily construction to be accessible and adaptable for the handicapped.

The ADA prohibits discrimination against persons with disabilities specifically in employment, public services, public accommodations, and communications. Because of its scope, the bill has been referred to four committees and numerous subcommittees. This subcommittee's primary interest and jurisdiction falls in the public accommodation title, and this title will be explored in hearings after the August recess.

Does the gentleman from California have an opening statement? Mr. DANNEMEYER. No, Mr. Chairman.

Mr. EDWARDS. Very good.

Our first witness this morning, who we are really honored to have with us, is James S. Brady, the vice chairman of the National Organization on Disability. Mr. Brady served as an assistant to the President and Press Secretary to President Reagan. Jim Brady is well known and respected by both Democrats and Republicans for his courage, his political insight and his sharp wit. With Mr. Brady is Mark Lewis, director of communications for the National Organization on Disability.

We welcome both of you. You may proceed.

STATEMENT OF JAMES S. BRADY, VICE CHAIRMAN, NATIONAL ORGANIZATION ON DISABILITY, ACCOMPANIED BY MARK LEWIS, DIRECTOR OF COMMUNICATIONS

Mr. BRADY. May I say at the start that I never thought I would be in the disability community. As you know, I joined it in an instant 8 years ago, somewhat against my wish.

Ever since I took a bullet in the head, I have had to relearn a lot. I have had to learn to read again, to talk again, and to walk again. I have also learned what it's like to be one of the 37 million people in America with some form of disability. I have come to know the daily problems, frustrations and needs involved. I'm the real article

now.

I come before you today as a fiscal conservative, as a Republican, and as a man in his forties with a disability.

If I sound slightly partisan for the next few moments, forgive me. While some of my best friends_are Democrats, I am especially proud that the Americans with Disabilities Act was developed by 15 Republicans appointed to the National Council on Disability by my former boss, President Reagan.

Many years earlier, in the fifties, another Republican President, Dwight Eisenhower, alerted this Nation to the staggering costs to society of Federal Government disability programs and benefits. Eisenhower warned us that such programs increase the dependency of disabled people. He urged instead that it would be far better if people with disabilities became taxpayers and consumers and thus reduce the terrible costs to society. That conservative point of view is embodied in the purposes of the Americans with Disabilities Act today.

Still another Republican, George Bush, back in 1983 when he was Vice President, identified new economic forces and the changing nature of our economy which, he said, require changes in attitudes toward disabled people. "We only have to expand our consciousness to be prepared to accept this expansive new world, and the only real stumbling block is prejudice," Mr. Bush declared.

I salute Mr. Bush. He clearly knows more than most nondisabled people about what it's like to be a disabled person. In June 1988, for example, he said that "Although handicapped children and adults have made many gains in the last decade, the stark fact remains that unnecessary segregation and exclusion of handicapped people continues, and as a result disabled adults and families with disabled children suffer from stress, depression and isolation."

Last summer Mr. Bush called for programs and policies that promote independence, freedom of choice, and productive involvement in the mainstream. That means meaningful access to all aspects of society.

In August of last year, in his acceptance speech at the Republican National Convention in New Orleans, Mr. Bush made a pledge: "I am going to do whatever it takes to make sure the disabled are included in the mainstream. For too long they've been left out. But they're not going to be left out any more." Then, as President Bush, he underlined his sensitivity before a joint session of Congress on February 9 of this year: "Disabled Americans," he said, "must become full partners in America's opportunity society."

When the Americans with Disabilities Act was first introduced, President Bush publicly identified the single main purpose of his legislation by saying, "Disabled people do not have the same civil rights protections as women and minorities."

While I am proud as a Republican that conservatives and Republicans have been in the forefront of this significant movement to prohibit discrimination on the basis of disability, I hasten to add this observation.

Disability knows no party lines. There is nothing partisan about disability because no one is immune. Disability knows no distinctions. Anyone can join the ranks tonight. If we are not born with a disability, any of us could find ourselves in a wheelchair or without sight or without hearing, if we live long enough. People don't like to think about this, but disability is a fact of life, the same as being white or black or Hispanic.

This is why the Americans with Disabilities Act is good for society as a whole and warrants bipartisan support. Indeed, Democrats in Congress have played a significant role in shaping, sponsoring and advancing this bill. This bill should be welcomed by nondisabled people, Republicans and Democrats alike, because the number of Americans with disabilities is increasing. As our population ages and medical technology prolongs life, most of us eventually will be in the disability community. Once you're in the disability community, you will want the same civil rights protections that women and other minority groups have. That is why for the past few years I have had a motto: "Get those barriers down.'

When barriers come down in stores of every kind, more disabled people can shop and use professional services, and that means more consumers and increased sales of products. In short, getting the barriers down in privately operated establishments, especially stores, is good for business and good for our Nation's economy.

When barriers in public transportation come down, it enables people to be employed and to participate more fully in daily activities. Right now, I can't even think about taking a bus to work because of the uncertainties of wheelchair-accessible buses.

After 8 years of rehabilitation, I am now in a new stage. As vice chairman of the National Organization on Disability, I am voluntarily involved in disability work not only because I happen to be a member of the disability community, but because I believe in the principle that everyone has a part to play in American life and I have faith that Americans will live up to its basic democratic principles.

Therefore, since March of this year, I have been leading a nationwide educational and public affairs campaign on behalf of our organization. The name of this campaign is "Calling on America." My campaign and the Americans with Disabilities Act have the same focus.

A Federal law such as the Americans with Disabilities Act would significantly advance the efforts of our community network because a Federal law would establish and maintain the minimum or basic structure of what accessibility must mean. Experience has shown that no civil right has ever worked without legislation.

The conservative columnist George Will has written that "we are barely at the beginning of the last great inclusion in American life-the inclusion of people with disabilities." I believe that passage of the ADA will bring about the fundamental and necessary changes in the paternalistic way our country has traditionally looked down at disability.

Mr. Chairman, the winds of change are blowing. More disabled people are identifying with common goals and more of us are beginning to identify the external impediments in society that prevent or limit us from enjoying opportunity and full participation. As you consider this bill, I am reminded of the commercial that said, "You've come a long way, baby." I would add, "But there's still a long way to go, miles to go, because democracy is always unfinished business." I am optimistic that your approval of this vital legislation will expand our democracy. Then all America will gain. I am delighted that yesterday the President of the United States endorsed the Americans with Disabilities Act and that the Senate

Committee on Labor and Human Resources unanimously voted to recommend the bill to the full Senate.

Thank you.

Mr. EDWARDS. Thank you, Mr. Brady. You've come a long way and we're very proud of you. That's a splendid statement. It gets us off to a wonderful start on this important set of hearings.

[The prepared statement of Mr. Brady follows:]

Prepared Statement of James S. BRADY, VICE CHAIRMAN, National OrganIZATION ON DISABILITY

My name is Jim Brady. I am the Vice Chairman of the National Organization

on Disability, a private organization.

May I say at the start that I never thought I would be in the disability

community.

As you know, I joined it in an instant eight years ago--somewhat against my wish.

Ever since I took a bullet in the head, I have had to relearn a lot. I had to learn to read again, to talk again and to walk again.

I have also learned what it is like to be one of the 37 million people in America with some form of disability. I have come to know the daily problems,

frustrations and needs involved. I'm the real article now.

I come before you today as a fiscal conservative, as a Republican, and

as a man in his forties with a disability.

If I sound slightly partisan for the next few moments, forgive me. While some of my best friends are Democrats, I am especially proud that the Americans with Disabilities Act was developed by 15 Republicans appointed to the National Council on Disability by my former boss, President Reagan.

Many years earlier, in the Fifties, another Republican President, Dwight Eisenhower, alerted this nation to the staggering costs to society of Federal government disability benefits and programs. Eisenhower warned us that such programs increase the dependency of disabled people. He urged, instead, that it would be far better if people with disabilities became taxpayers and consumers and thus reduce the terrible costs to society. That conservative point of view is embodied in the purposes of the Americans with Disabilities Act today.