hearing and speech-impaired citizens can talk to and be answered by their Government officials, including Members of Congress.

When we approved those bills, we stated that they represented the beginning of the subcommittee's work and not an end. Today we consider a bill which in part represents the logical extension of our efforts, the "Americans with Disabilities Act."

The purpose of the telecommunications title or section of the bill is to extend a public TDD relay network throughout the United States. This is a worthy and laudable goal, that will ensure that the full benefits of the telephone network are shared equally by all of our citizens.

I don't believe those who suggest that a national relay system won't be cost effective because most of the TDD goals made now are local. It sounds somewhat like the old saying, "You can't miss what you never had."

This situation is certainly an exception. There isn't an interstate TDD relay system now, so it is nearly impossible to make those kinds of calls. I am sure that when the interstate relay system is in effect it will be used more heavily than anyone ever imagined.

Telephone usage continues to increase dramatically every year. It is illogical to assume that one significant part of our population won't choose to take advantage of our telephone network if given the opportunity.

The goals of the "Americans with Disabilities Act" are certainly ones that all members of this subcommittee share. Of course, we must not only agree on the goals, but we must also agree on how telephone companies must reach those goals, and we must expedite the passage of this legislation. Thank you, Mr. Chairman. I yield back the balance of my time.

[Testimony resumes on p. 16.]

[The text of Title V of H.R. 2273 follows:]

101ST CONGRESS 1ST SESSION

H. R. 2273

To establish a clear and comprehensive prohibition of discrimination on the basis of disability.!

IN THE HOUSE OF REPRESENTATIVES

MAY 9, 1989

Mr. COELHO (for himself, Mr. FISH, Mr. HAWKINS, Mr. CONTE, Mr. OWENS of New York, Mr. ACKERMAN, Mr. ATKINS, Mr. BEILENSON, Mr. BENNETT, Mr. BORSKI, Mr. Bosco, Mrs. BOXER, Mr. CAMPBELL of California, Mr. CARDIN, Mr. CLAY, Mr. CROCKETT, Mr. DE LUGO, Mr. DONNELLY, Mr. DWYER of New Jersey, Mr. Dymally, Mr. EDWARDS of California, Mr. FAZIO, Mr. FEIGHAN, Mr. FRANK, Mr. FROST, Mr. FUSTER, Mr. GEJDENSON, Mr. GORDON, Mr. HAYES of Illinois, Mr. HOYER, Mr. HUTTO, Mr. JACOBS, Mr. JONTZ, Mr. Kastenmeier, Mr. KLECZKA, Mr. LEVIN of Michigan, Mr. LEWIS of Georgia, Mr. MANTON, Mr. MATSUI, Mr. McCLOSKEY, Mr. MCDERMOTT, Mr. MCHUGH, Mr. MFUME, Mr. MILLER of California, Mr. MINETA, Mrs. MORELLA, Mr. OBERSTAR, Mr. PALLONE, Ms. PELOSI, Mr. RICHARDSON, Mr. ROWLAND of Connecticut, Ms. SCHNEIDER, Mr. SHAYS, Mr. SMITH of Vermont, Mr. SOLarz, Mr. StudDS, Mr. TRAXLER, Mr. UDALL, Mr. VENTO, Mr. WAXMAN, Mr. WEISS, Mr. WISE, Mr. WOLPE, Mr. FLORIO, Mr. WILLIAMS, Mr. ROYBAL, Mr. MORRISON of Connecticut, Mr. BROWN of California, Mr. DELLUMS, Mr. SABO, Mr. ESPY, Mr. DIXON, Mr. MILLER of Washington, Mr. YoUNG of Alaska, Mr. FOGLIETTA, Mr. RANGEL, Mr. GARCIA, Mrs. CAIKI, Mr. MARTINEZ, Mr. MAVROULES, Mr. CONYERS, Mr. MARKEY, Mr. VISCLOSKY, Mr. KILDEE, and Mrs. COLLINS) introduced the following bill; which was referred jointly to the Committees on Education and Labor, Energy and Commerce, Public Works and Transportation, and the Judiciary

A BILL

To establish a clear and comprehensive prohibition of
discrimination on the basis of disability.

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1 Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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(a) SHORT TITLE.-This Act may be cited as the

5 "Americans with Disabilities Act of 1989".

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(b) TABLE OF CONTENTS.-The table of contents is as

Sec. 303. Actions applicable to public transportation considered discriminatory.
Sec. 304. Regulations.

Sec. 305. Enforcement.

TITLE IV-PUBLIC ACCOMMODATIONS AND SERVICES OPERATED
BY PRIVATE ENTITIES

Sec. 401. Definitions.

Sec. 402. Prohibition of discrimination by public accommodations.

Sec. 403. Prohibition of discrimination in public transportation services provided by private entities.

Sec. 404. Regulations.

Sec. 405. Enforcement.

TITLE V-TELECOMMUNICATIONS RELAY SERVICES

Sec. 501. Definitions.

Sec. 502. Telecommunications relay services.

Sec. 503. Regulations.

Sec. 504. Enforcement.

3

TITLE VI-MISCELLANEOUS PROVISIONS

Sec. 601. Construction.

Sec. 602. Prohibition against retaliation.

Sec. 603. State immunity.

Sec. 604. Regulations by the Architectural and Transportation Barriers Compliance Board.

Sec. 605. Attorney's fees.

Sec. 606. Effective date.

1 SEC. 2. FINDINGS AND PURPOSES.

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(a) FINDINGS.-Congress finds that—

(1) some 43,000,000 Americans have one or more physical or mental disabilities, and this number is increasing as the population as a whole is growing older;

(2) historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem;

(3) discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services;

(4) unlike individuals who have experienced discrimination on the basis of race, sex, national origin, religion, or age, individuals who have experienced dis

crimination on the basis of disability have often had no legal recourse to redress such discrimination;

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(5) individuals with disabilities continually encoun

ter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of ar

chitectural, transportation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities;

(6) census data, national polls, and other studies have documented that people with disabilities, as a

group, occupy an inferior status in our society, and are severely disadvantaged socially, vocationally, economically, and educationally;

(7) individuals with disabilities are a discrete and insular minority who have been faced with restrictions and limitations, subjected to a history of purposeful un

equal treatment, and relegated to a position of political powerlessness in our society, based on characteristics that are beyond the control of such individuals and resulting from stereotypic assumptions not truly indicative of the individual ability of such individuals to par

ticipate in, and contribute to, society;

(8) the Nation's proper goals regarding individuals with disabilities are to assure equality of opportunity,