[Congressional Record Volume 151, Number 102 (Monday, July 25, 2005)]
[Senate]
[Pages S8767-S8772]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RECOGNIZING THE 15TH ANNIVERSARY OF THE AMERICANS WITH DISABILITIES ACT
The ACTING PRESIDENT pro tempore. Under the previous order, the
Senate will proceed to the consideration of S. Res. 207, the Americans
with Disabilities Act resolution, which the clerk will report.
The legislative clerk read as follows:
A resolution (S. Res. 207) recognizing and honoring the
15th anniversary of the enactment of the Americans with
Disabilities Act of 1990.
The ACTING PRESIDENT pro tempore. Under the previous order, there
will be 30 minutes of debate equally divided between the majority
leader and the Senator from Iowa or their designees.
The Senator from Iowa.
Mr. HARKIN. Mr. President, I ask unanimous consent that Senators
Kennedy, Hatch, Reid, Clinton, McCain, DeWine, Jeffords, Mikulski,
Lautenberg, Dole, Durbin, Levin, Lieberman, Boxer, Reed, Chafee, Smith,
Collins, Stabenow, Obama, Akaka, Salazar, Dayton, Bingaman, Wyden,
Biden, Isakson, Feingold, Johnson, Nelson of Florida, Brownback, Burr,
Snowe, and Pryor be added as cosponsors of the resolution.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mr. HARKIN. Mr. President, tomorrow, July 26, marks the 15th
anniversary of the signing of the Americans with Disabilities Act.
Observances and celebrations are being held and will be held all across
the country. In fact, I attended three in Iowa over the weekend. There
will be a big celebration tonight at the Kennedy Center where I look
forward to introducing former President George Bush, the signer of the
Americans with Disabilities Act, who will give the keynote address.
On this 15th anniversary, we celebrate one of the great landmark
civil rights laws of the 20th century, a long overdue emancipation
proclamation for people with disabilities. We also celebrate the men
and women from all across America whose daily acts of heroism and
protest and persistence and courage moved this law forward to passage
15 years ago.
In 1964, this country passed a civil rights bill. After much
struggle, after the freedom riders and the marches in places such as
Selma, AL, that are burned in our memories, we passed the Civil Rights
Act of 1964 which closed a long, disgraceful chapter of segregation and
discrimination, lack of equality of opportunity for Americans just
based on race, mostly, sex, creed, and national origin.
I can remember coming home on leave from the military some time after
that. I was with my brother Frank who had been totally deaf since early
childhood. I had seen how he had been discriminated against all of his
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lifetime. I remember we were talking about different things, and he
mentioned the civil rights bill. He thought it was all well and good.
But then he asked the question: What about us? I didn't really know
what he was talking about.
I said: Are you talking about us, me?
He said: What about us deaf people? We are discriminated against
every day in terms of where we can work, can go, how we get news, how
we go to school.
I began to think about it as I finished my career in the military and
through law school and coming here to Congress. I thought, as I watched
the struggle of people with disabilities to proclaim their involvement,
that they should also be covered by the Civil Rights Act. So there were
some minor steps taken. We had section 504 of the Rehab Act in 1973
before I got here. Then after coming to the House in 1974, we had the
Education of Handicapped Children Act, 94-142, which my good friend,
now Senator Jeffords, then Congressman Jeffords, was very much involved
in getting passed in the House at that time. It later became known as
IDEA, the Individuals with Disabilities Education Act. That is how it
is known today.
Then there began a long struggle by people with disabilities to gain
their full participation in our society.
This started in the late 1970s and early 1980s. Then when I came to
the Senate in 1984, 1985, it had been picking up steam and momentum.
Various drafts of bills have been presented about disability and this
and that.
Finally, it fell to me as chairman of the Disability Policy
Subcommittee at that time to pull together the final draft. Here I will
pay my great respect and admiration to former Senator Lowell Weicker of
Connecticut, who led the charge before I got here to change the law to
provide for an overarching law to cover people with disabilities in our
country. But then Senator Kennedy asked me to join his committee and
take over the chairmanship of the disability subcommittee, which I did,
with the great help of wonderful staff, including Bobby Silverstein and
others. We were able to get the words on paper, put it together. It was
a pretty long struggle.
It was not a foregone conclusion that we could ever pass it. But
there were acts of heroism. I can remember when people with
disabilities started coming to Washington to protest. Sometimes they
would plug the corridors in the Dirksen Office Building, and the police
would have to clear them out. Many got arrested. I remember a man named
Dwayne French, who came from Alaska to demonstrate, protest, and demand
equal rights under the law. He got arrested and thrown into jail.
I tend to think the one thing that really crystalized what we were
trying to do in terms of full participation, accessibility, of
nondiscrimination and breaking down barriers--the one event was when
Bob Kofka and the group ADAP rolled their wheelchairs up to the Capitol
steps, and there were about between 50 and 75 people. I don't know the
exact number. They got out of their wheelchairs and crawled up the
steps of the Capitol; they crawled up the steps. That hit the evening
news, all the newspapers, and the news magazines, and then we heard
from the American public that this should not be allowed to happen,
that people with disabilities ought to have accessibility; they ought
to be able to participate in all aspects of our American life. And then
we hammered out the bill and got it passed in the Senate and the House.
As I said, on July 26, 1990, in a wonderful ceremony, the biggest
gathering for the signing of a bill in our Nation's history, people
gathered on the lawn of the White House for the signing of the
Americans with Disabilities Act by President George Bush. It was a
great and joyous occasion.
For all these years, after 1964, we thought we had torn down the
walls of segregation. But there was a group of Americans for whom
segregation was a daily occurrence, even after the Civil Rights Act,
for whom daily discrimination was a fact of life, for whom equal
opportunity was just some words on paper. There was a group of
Americans for whom access to the American dream was basically closed
because of their lack of participation in economic opportunity and
accessibility. These were Americans with disabilities.
I often put it this way: On July 25, 1990, if you were a person of
color, say, and you went down to apply for a job for which you were
qualified and the prospective employer looked at you and said, I am not
hiring African Americans, or Black people, or probably, in the
contextual framework of that time, I am not hiring colored people, if
he said that to you, you could have gone right down to the courthouse.
The doors were open there, and you could have filed suit for
discrimination based on the Civil Rights Act of 1964. If, however, on
July 25, 1990, you were a person with a disability and you went to a
prospective employer for a job for which you were qualified--say you
rode a wheelchair in there and the employer looked at you and said, We
don't hire cripples, get out of here, and you rolled your wheelchair
down to the same courthouse door. The doors were locked; they were
closed. You had no cause of action. It was not illegal to discriminate
on the basis of disability on July 25, 1990. On July 26, after
President Bush signed it into law, the courthouse doors were opened. No
longer would it be legal to discriminate on the basis of disability in
our society.
So for the last 15 years, we have seen what I call a quiet revolution
taking place in America. Look around you. You see the curb cuts, ramps,
widened doors, elevators that are accessible, and people with
disabilities can get on and off buses. I was in Iowa this weekend and
went to an ATM machine to get some money, and the ATM machine is a
talking one with brail so that a blind person can use the ATM machine.
So we now see people with seeing-eye dogs going into restaurants to
have a meal. Fifteen years ago, a restaurant could say, Get that dog
out of here, we don't allow it. Now they have to allow it.
Now we see people with disabilities working jobs, traveling, enjoying
life, going to movies. Yesterday, I went to a Cedar Rapids Colonels
baseball game. It was disability day. They have a new baseball stadium
there; it is 4 years old. It is one of the most accessible stadiums I
have ever seen in my life. All kinds of people with disabilities can
come there and enjoy baseball games. That would not have been true
before. The old diamond had one place set aside down on the first base
line with people walking in front of them all the time. Now they are up
high, and they have great seats in this stadium. So we see this all
around us.
For those of us who are able-bodied, we kind of take it for granted.
It is not a big deal out there that you have curb cuts or access to
buildings. I walked into a hotel downtown a week or so ago, where the
National Commission on Independent Living, NCIL, was having their
national meeting. Four or five people with disabilities coming into the
Hyatt pushed a button at the door, and they could get their wheelchairs
in and out. We don't even think about that. So it is a quiet
revolution.
My nephew, who is an architect, told me a few years ago that now we
are designing buildings the way they should be designed--fully
accessible to all. We also have closed captioning on television for the
deaf and hard of hearing. We can pick up our remote for the TV and
punch the mute and see the words come up, and we take it for granted.
But it has transformed lives in America. It has made us a better,
richer, more fair society. Now the American family is much more
complete than it was before.
So on this, the 15th anniversary, I say thank you to the disabled
community of America for their long years of struggle and protest, for
the hardships they went through just to make sure they were treated
equally in our society. I always point out that in the ADA, there is
not one nickel given to a person with a disability. It is not any kind
of giveaway program. All it does is break down the barriers. People
with disabilities now can apply their God-given talents and their
abilities and contribute to our society. So it is quite a step forward
for America. We have a lot to be proud of and a lot to be thankful for.
But I must say that we are not totally to where we wanted to be.
We had four goals when we passed the ADA. One was economic self-
sufficiency. Fifteen years later, over 60 percent of Americans with
disabilities are still unemployed, without a job. That is still a
national disgrace. So I hope we use this occasion of this 15th
anniversary, yes, to look at the great
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strides we have made and how far we have come but also to recommit
ourselves to make the ADA really complete. We have to do more in terms
of job training, personal assistance services, and accessibility so
that people with disabilities can have more jobs. Sixty percent
unemployment is not right. So I hope we will redouble our commitment to
getting this next step passed.
The ACTING PRESIDENT pro tempore. The Senator's time has expired.
Mr. HARKIN. Mr. President, I ask unanimous consent that the Senator
from Vermont be given 10 minutes to make his statement at this point.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
The Senator from Vermont is recognized.
Mr. JEFFORDS. Mr. President, tomorrow marks a milestone for the
Americans with Disabilities Act, ADA. July 26 is the 15th anniversary
of the ADA's enactment into law.
The ADA is one of the most significant initiatives to become law
during my 30 years in the Congress.
As a Member of the House I was an original cosponsor the first time
the ADA bill was introduced in 1988.
Although ADA did not pass during that Congress, action on the ADA
legislation would not have to wait much longer.
Under the extraordinary citizen leadership of the late Justin Dart,
former Representative Tony Coehlo, Representative Steny Hoyer, former
Senate Majority Leader Bob Dole, my colleague Senator Tom Harkin, and
then President George H.W. Bush, the ADA became law in 1990.
Another important factor that led to the passage of the ADA was the
staunch commitment of many diverse organizations.
The ADA is an excellent illustration as to how bipartisanship,
combined with the outstanding efforts of our Nation's citizenry, can
lead to a landmark change that can positively impact people's lives for
centuries to come.
The ADA has literally opened doors that were closed prior to 1990,
which has reaped great benefits for all of us.
In 1990, the largest Vermont employment agency successfully placed
505 disabled individuals with employers. As of last year, that
successful placement rate had increased almost threefold.
Individual and economic empowerment is the ongoing legacy of the ADA.
Although many great transformations have occurred since ADA's birth
15 years ago, there is room for improvement.
The ADA needs to be protected and its spirit of inclusion and
opportunity should be extended.
I thank Senator Harkin for bringing the ADA birthday resolution to
the full Senate. I am proud to join him in wishing the ADA a very happy
birthday.
Mr. President, I hope we have others come to speak who are as excited
as I am.
Mr. SMITH. Mr. President, in Oregon it is estimated that there are
433,000 people living with disabilities, and I am pleased to be here
today to represent them by recognizing and honoring the 15th
anniversary of the Americans with Disabilities Act.
The Americans with Disabilities Act will turn 15 years old tomorrow.
This act stands as one of the most successful civil rights laws in our
history. This law has opened the doors of schools, polling places, and
countless other public facilities to our Nation's disabled population.
The law is and will continue to be the platform for millions of
Americans to realize our Nation's goals of equality of opportunity,
economic self-sufficiency, full participation, and independent living.
Fifteen years ago it was often a dream for the 54 million Americans
with disabilities to participate in our Nation's daily life. However,
the ADA helped these people by removing barriers in employment,
transportation, public services, telecommunications, and public
accommodations. The act stands as a tribute to the hard work of all of
the individuals who brought light to the plight of the disabled before
and after this legislation was passed.
For years, people with disabilities were viewed as people in need of
help rather than contributors to our country. The passage of the ADA
finally moved us to change our attitudes and open doors for people with
disabilities.
In Oregon one of the people who has been truly touched by this act is
Vail B. Horton. Vail is the founder and CEO of a company called Keen
Mobility. Using his disability as motivation, Vail created his company,
Keen Mobility, which develops, produces, and distributes innovative,
functional and attractive assistive devices that empower individuals by
enhancing mobility, bringing greater independence and providing new
opportunities.
Vail is also a board member for Providence Child Center for the
Medically Fragile Children Foundation and Board member for YMCA of
Columbia-Willamette. I have personally recognized him as an Oregon
health care hero. As founder and CEO of Keen Mobility, Vail built the
company from inception into a team of 16, with three product lines
focused on safety and mobility for the disability community.
Vail is a true hero and I am happy to say that the 250,000 families
with members who have a disability in Oregon, like his, can see the
many signs of our progress. However, we must continue our ongoing
efforts to see that persons with disabilities are allowed to be active
in our society. Whether they are friends, neighbors or family, persons
with disabilities are no longer considered second class citizens. Every
day persons with disabilities are demonstrating their abilities and
making real contributions. People with disabilities are no longer
excluded, and because of that America is a stronger country.
Tomorrow we should all be reminded that equal opportunity is not a
privilege, but a fundamental right of every American.
I hope my colleagues will join me in support of this resolution.
Mr. KERRY. Mr. President, 15 years ago a Democratic Congress and a
Republican President passed the Americans with Disabilities Act, a
critical step in our journey toward civil rights for all.
The ADA represented Washington at its best--both parties coming
together, ignoring the special interests, and passing groundbreaking
legislation to help people in dire need. Differences were set aside as
we united in common respect for all Americans, regardless of physical,
cognitive, or emotional abilities. We made a strong statement of our
collective belief that in America, all citizens have the right to look
at the future with infinite possibility. And I think we can all agree
the ADA has been a remarkable success.
On this anniversary, I think it is appropriate to recognize those
leaders who took the momentum from decades of struggle that had only
led to small legislative advances, and turned it into one of the
crowning achievements in civil rights law. My distinguished colleagues
Senators Harkin and Kennedy, my former colleague Senator Dole and
former President Bush, and organizations like DREDF, CCD, NICL and
ADAPT, among others, showed such incredible leadership. And we would
not have gotten anywhere if the members of the disabilities community
had not set all disparate opinions aside to speak with one voice.
Fifteen years after passage of the ADA, we find that the challenge of
high unemployment, poverty, poor housing, and limited educational
opportunities still plagues people with disabilities in America. If
should not be this way. I hope that all of us, who 15 years ago
believed that to exclude persons with disabilities from our schools,
restaurants, or job force was un-American, are reminded as we celebrate
this anniversary that there is still much work left to be done.
Today, we must go beyond congratulating all the pioneers in this
movement for this extraordinarily special anniversary. We must also
reaffirm that the Congress stands ready to be the leading force in
protecting and strengthening this law--never undermining it. Let us all
commit to redoubling our efforts to serve this important community and
this crucial cause.
Mr. AKAKA. Mr. President, I join my colleagues in commemorating the
15th anniversary of the Americans with Disabilities Act. I thank my
friend from Iowa, Senator Harkin, for sponsoring a resolution
recounting the history and accomplishments under this landmark act for
countless individuals in the United States. I am pleased to be a
cosponsor of this resolution.
The enactment of the Americans with Disabilities Act, ADA, on July
26,
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1990, was a milestone and continues to serve the more than 54 million
individuals with disabilities in our country today. These individuals
are now able to better participate in society thanks to the removal of
barriers in areas such as employment, transportation, public services,
telecommunications, and public accommodations under the ADA. Prior to
the passage of the act, it was much more common for disabled Americans
to encounter prejudice, discrimination, and physical exclusion in their
everyday lives. The Americans with Disabilities Act marks the
culmination of a civil rights movement that keeps faith with the spirit
of our forefathers, who believed in the unalienable rights of all
individuals.
Under the ADA, my home State has become a leader in providing new and
updated facilities for individuals with disabilities. An estimated
148,000 people in Hawaii are living with a disability, and an estimated
22,000 people have difficulty performing self-care activities, such as
dressing, bathing, or mobility inside the home according to the 2003
American Community Survey.
Since the passage of the ADA, Hawaii has modified more than 5,000
curb ramps and built 3,000 new curb ramps for better accessibility
throughout the State. No one should be denied access to buses,
sidewalks, or parks, and I am pleased to say that Hawaii is one of the
leaders in ensuring that everyone has an equal opportunity to
participate in society. By next year, Hawaii's public sector will be
almost 100-percent accessible and, as of today, 70 percent of the
private sector has addressed or is addressing the needs of the
disabled, according to a nationally recognized ADA consultant.
I join the more than 40 million disabled Americans who have been
helped by the ADA in saying mahalo to those who championed this
historic piece of legislation. In particular, the tireless efforts of
Justin Dart, Jr. His courage and dedication as a disability rights
advocate is exemplary in protecting the civil rights of disabled
Americans. Mr. Dart has inspired future generations of disabled
Americans to reach their full potential as active and engaged members
of society.
The work of my fellow Senators Harkin and Kennedy in the Senate, as
well as Representative Hoyer in the House, must also be recognized in
addition to everyone else who pushed for this legislation. It was my
great privilege to vote in favor of the conference report when it
passed in the Senate on July 13, 1990. Our collaborative work in
Congress to push the ADA through to passage showed a strong commitment
to civil rights and equality. Millions of Americans are forever
grateful for the chance they now have to live a better life.
Mr. LAUTENBERG. Mr. President, I rise to commemorate the 15th
anniversary of the Americans with Disabilities Act. I am proud to be a
cosponsor of this landmark legislation which guarantees equal
opportunity for people with disabilities in employment, transportation,
public services, telecommunications, and public accommodations.
Over the past 15 years, the ADA has provided opportunity and access
for the 54 million Americans with disabilities. The passage of ADA
resulted from a long struggle by Americans with disabilities to bring
an end to their inferior status and unequal protection under law. Prior
to passage of this landmark civil rights legislation, these Americans
routinely faced prejudice, discrimination, and exclusion--not to
mention physical barriers in their everyday lives. Now these Americans
have an opportunity to participate more fully in our national life.
We recognize, however, our work is not finished. We still need to do
more for people with disabilities. In addition to removing the physical
barriers, we must also change attitudes. People with disabilities--like
all people--have unique abilities, talents, and aptitudes. And America
is better, fairer, and richer when we make full use of those gifts.
As we celebrate this historic accomplishment, I encourage all
Americans to work towards increased recognition and understanding of
the manner in which the physical and social environment can pose
discriminatory barriers to people with disabilities.
Ms. LANDRIEU. Mr. President, I rise today to commemorate the 15th
anniversary of the Americans with Disabilities Act. On this day in
1990, President George H.W. Bush signed this monumental piece of
legislation into law guaranteeing equal opportunity for people with
disabilities in public accommodations, commercial facilities,
employment, transportation, State and local government services, and
telecommunications.
One out of every five Americans today suffers from a disability. In
the national workforce, there are currently 4 million men and 3\1/2\
million women with disabilities employed. We have made noteworthy
strides in granting equal rights to those with disabilities. However,
we still have tremendous work to do to decrease the 70 percent
unemployment rate for people with significant disabilities.
In my own State of Louisiana, 710,000 people over the age of 5 were
reported to have a disability. This means that 14.8 percent of the
population in Louisiana suffers from some form of disability.
There are thousands of stories that capture the significance of this
measure to people around this country, but I want to highlight just
one. Shirley Adams is a constituent of mine, and she typifies the
impact that the ADA can have on a person's life.
Shirley's road to inclusion into her community was long and filled
with obstacles. She is a woman with many labels--profound mental
retardation, visual impairment, a history of seizures, a rare bone
ailment, and nonverbal. However, with great determination and courage,
Shirley has established a life full of meaning surrounded by people who
love and care for her. She would have it no other way.
At age 3, Shirley moved to Pinecrest Developmental Center in central
Louisiana. She received care while living at Pinecrest, but she never
learned to take care of herself. In 1997, at age 31, Shirley received
an MR/DD waiver which enabled her to move from Pinecrest into her own
apartment in the New Orleans area where she continues to receive 24-
hour support.
Shirley is now able to attend church where she has made lifelong
friends. In addition, she volunteers at another church where she
assists staff in passing out lunches to children enrolled in vacation
Bible study, sending mail out to parishioners, and welcoming people to
the services each Sunday. She helps her neighborhood association by
watering the flowers to the entrance to her apartment complex on a
regular basis.
Living on her own has enabled Shirley to travel, which is something
that she was unable to do while living in an institution. She loves to
vacation in Biloxi and on the beaches of Florida. She is constantly
looking for new places to go and for new adventures. If Shirley has it
her way, she will continue to soak up the Sun on the gulf coast and
explore new frontiers for years to come.
In sum, Shirley is known and loved by hundreds in her community now.
She has a sense of belonging and security that she has never
experienced before. Her life is full of people who care for her, and
she continues to make wonderful progress in living in her own home to
this day. Shirley Adams is clearly an inspiration to anyone who wants
to explore their surroundings and lead a very happy life surrounded by
loved ones in their community.
Shirley and thousands of others in Louisiana now live a full and
complete life. The ADA gives people with disabilities such as Shirley a
vehicle to request and secure the accommodations they need for both
physical and programmatic access to life in Louisiana.
In 1990, when the ADA was passed, Louisiana spent nothing on home and
community-based services for people with disabilities such as Shirley.
In 2003 alone, Louisiana spent $157,447,900. These services, inspired
by the spirit of equality established by the ADA, allow thousands of
Louisiana's citizens with disabilities the opportunity to live their
lives as contributing, participating members of our society.
In addition, there are now 3,170 aging or elderly individuals
receiving home and community-based services that allow them to remain
in their own homes.
The ADA impacts the daily lives of my constituents living with
disabilities and for that reason I want to applaud the honorable work
being done due to the enactment of this legislation while not losing
sight of the fact that we
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must work harder to help all disabled persons have equal civil rights
and the job opportunities they deserve.
Mr. KYL. Mr. President, I express support for the Senate resolution
honoring the 15th anniversary of the Americans with Disabilities Act.
This piece of legislation is a celebration of the uniquely American
notion that all of our citizens can contribute to society if we provide
them with the tools and opportunities they need. Since the law was
enacted in 1990, some 54 million disabled Americans have had better
opportunities for employment and education. Our public spaces and
transportation systems have been improved to ensure access to everyone.
The Americans with Disabilities Act gives all people the opportunity to
enjoy what American society has to offer, and it has changed public
attitudes. The perception of helplessness and dependency has been
largely replaced by a recognition that, with the aid of appropriate
accommodations, disabled Americans can participate fully in all fields
of civic life.
In commending all those involved in the passage of this legislation,
we should take time to single out then Senate Majority leader Bob Dole.
Senator Dole's sacrifice for his country and service in the Congress
prove that disability need not be debilitating.
I admire the courage and perseverance of the millions of Americans
who live with disabilities every day. This resolution celebrates not
only the passage of the ADA, but also the positive contributions that
all Americans make to our society.
Mr. HATCH. Mr. President, I rise, in support of S. Res. 207, the
Americans with Disabilities Act resolution commemorating the 15th
anniversary of the signing of the law.
As one of the original authors of the Americans with Disabilities,
ADA, I am a proud cosponsor of this important resolution. I am pleased
that the Senate took the time today to remember the passage of landmark
legislation which changed the lives of disabled individuals across the
country. I am also pleased to stand with my colleague, Senator Harkin,
who did so much to advance this legislation in 1990, and indeed, to
nurture its implementation ever since.
When this legislation was being debated on the Senate floor back in
1990, I told my colleagues that I believed that the Americans with
Disabilities Act would be good for all America. And 15 years later, I
feel the same way.
The Americans with Disabilities Act has done so much for the disabled
community throughout our country--due to this law, the lives of
disabled individuals have improved dramatically.
When Congress passed the Americans with Disabilities Act in 1990, we
knew that this bill would make a difference. As a result of the passage
of this bill, valuable resources were dedicated to improving the lives
of the disabled through employment, in public accommodations, in
transportation, and in communications services.
I credit the passage of this legislation to the millions of disabled
Americans, all of whom benefit from the ADA. It was their dedication,
determination and courage that made the difference. They took the time
to educate their members of Congress about why the Americans With
Disabilities Act was necessary. And they made a convincing case to many
of us. That dedication is why we are celebrating the 15th anniversary
of the passage of this law today.
In Utah, I have a disabilities advisory committee that keeps me
abreast of all issues of interest to the disability community. I must
pay great tribute to the members of this committee as well, for it is
their insights that have helped me to reach a better understanding of
the partnership our Government must undertake to promote initiatives
benefitting the disabled.
I am pleased to be a supporter of the resolution before the Senate
today and urge colleagues to support the passage of this resolution.
Mr. DURBIN. Mr. President, earlier this month, America celebrated the
41st anniversary of the Civil Rights Act of 1964. Next month, we will
celebrate the 40th anniversary of the Voting Rights Act, one of the
most important civil rights victories in our Nation's history. Those
are two of the most important achievements in civil rights in our
Nation since the ratification of the Bill of Rights. Today, I want to
reflect for a few minutes on another critically important achievement
in civil rights: the enactment 15 years ago this week of the Americans
with Disabilities Act.
I recently saw a young man wearing a T-shirt. In large letters on the
front of his shirt were the words: ``The ADA . . .'' On the back, the
shirt read, ``. . . boldly going where everyone else has already
been.'' I think that young man's T-shirt sums up the ADA pretty well.
The Americans with Disabilities Act does not grant people with
disabilities any special status or position. To the contrary, it simply
removes certain barriers that for too long had made it difficult--if
not impossible--for people with disabilities to make the most of their
God-given skills and abilities, and to participate fully in their
communities and in the workplace.
Before the ADA, if you needed a haircut, if you needed to see a
doctor, if you just wanted to meet a friend for a cup of coffee, you
probably had to rely on family, friends, or a social service agency.
Very few transit systems in this country had buses or trains that were
accessible to people using wheelchairs. Today, thanks to the ADA, that
has changed. If you need go somewhere, you can go to a comer, catch a
bus, and be on your way.
Let me tell you another story about the difference the ADA has made.
Ann Ford lives near my hometown, Springfield, IL. She is a grandmother
now. She had polio as a child. She uses a motorized scooter now, but
for many years, Ann walked with crutches. As anyone who has ever used
crutches knows, they can wear you out pretty quickly.
Before the ADA, when Ann Ford needed to go to the grocery store, she
would first make a very careful list, then plot out her shopping as
efficiently as possible so that she could buy what she needed in 20
minutes and be back home before she ran out of energy.
Shortly after the ADA was enacted, the manager of the grocery store
where she shopped pointed out a new electric-powered scooter the store
had purchased, and asked Ann if she would like to use it. Well, Ann
Ford shopped for an hour and half that day. She went up and down every
aisle in that store. She said later she had no idea how many things you
could buy in a grocery store.
By removing physical barriers, the ADA is helping to reduce some of
the isolation and prejudice that people with disabilities too often
have to battle. It provides people with disabilities a degree of
autonomy and dignity that everyone deserves. That is progress, and that
is worth celebrating.
But we still have a long way to go. The physical barriers are
disappearing, but there are other, subtler barriers that continue to
prevent far too many Americans with disabilities from participating
fully in their communities and in the workplace.
As Senator Harkin noted, the unemployment rate for people with
disabilities is still 60 to 70 percent--the same place it was a decade
ago. That has to change. Most people with disabilities want to work,
and have to work. ADA mandates access but we can't legislate attitudes.
And it is the lingering prejudice or ignorance about disabilities that
contributes to this stubbornly high unemployment rate.
Congress can mandate access. With the stroke of his pan, the
President can outlaw overt acts of discrimination. But the next step in
this civil rights struggle--integrating people with disabilities into
our workplaces--is a step we must choose.
Failure to make the greatest possible use of the skills and talents
of people with disabilities hurts them. It hurts their families. It
hurts all of us. Think for a moment. Where would America be today had
we not had Franklin Delano Roosevelt to help pull us through the Great
Depression? Dorothea Lange, the great photojournalist, walked with a
limp as a result of childhood polio. How much less we might know about
our own national history had she not captured it on film for us? How
much poorer would the world be without the brilliant insights of
Stephen Hawking? How much poorer we would all be artistically and
emotionally if we had never heard Ray Charles sing ``America the
Beautiful?''
We need to tear down the subtler barriers that prevent far too many
people
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with disabilities from participating fully in our economy. Not just
because it is the right thing to do, but because it is the smart thing
to do.
I want to make one final point. I mentioned that the Americans with
Disabilities Act is part of a tradition of important civil rights
achievements. But there is one fundamental way in which the ADA differs
from some of those other milestone laws.
The Civil Rights Act was enacted primarily to combat legal,
institutionalized racism against African Americans. Title IX of the
education amendments of 1972 was passed to prevent discrimination
against women and girls in education. Those laws and others protect
people from discrimination based on certain fundamental, unchangeable
characteristics. If you are not born black, you are not going to become
black. But any of us can become disabled--in an instant.
Today, you may think the ADA is for other people and other families,
but you may think differently by the time we celebrate the 16th
anniversary of the ADA a year from now. In fact, one in three 20-year-
olds today will become disabled before the reach retirement age.
This past year, I have had the privilege of getting to know an
extraordinary American who became disabled doing her job. Her name is
Tammy Duckworth. She is major in the U.S. Army National Guard. Her job
was piloting a Black Hawk helicopter in Iraq. Last November, just
before Thanksgiving, her Black Hawk was shot down by a rocket-propelled
grenade and she lost both of her legs. Although now a double amputee,
she is determined to both walk and fly helicopters again.
Thanks to advances in medicine, we are able to save more people who--
15 years ago--would not have survived a car crash, or bone cancer, or
even military combat. Thank goodness for that.
As we celebrate the 15th anniversary of the Americans with
Disabilities Act, I hope we will commit ourselves as a Nation to work
to close the gap between our medical abilities, and our mental
attitudes. Let us agree that men and women like Tammy Duckworth, who
suffered permanent disabilities, will not be forced to fight in this
country for basic rights and gainful employment that is worthy of their
skills and talents. Let us commit to work across party lines--as
Congress did when it passed the Americans with Disabilities Act 15
years ago--to fulfill not just the letter but the spirit of this
important law.
Mr. President, I yield the floor and suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. McCONNELL. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
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