[Congressional Record Volume 151, Number 103 (Tuesday, July 26, 2005)]
[Senate]
[Pages S8934-S8937]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        15TH ANNIVERSARY OF THE AMERICANS WITH DISABILITIES ACT

  Mr. KENNEDY. Mr. President, today we celebrate the enactment of the 
Americans with Disabilities Act in 1990--one of the greatest civil 
rights laws in our history. Fifteen years ago, the Nation adopted the 
fundamental principle that people should be measured by what they can 
do, not what they can't. The Americans with Disabilities Act began a 
new era of opportunity for millions of disabled citizens who had been 
denied full and fair participation in society.
  For generations, people with disabilities were pitied as people who 
needed charity, not opportunity. Out of ignorance, the Nation accepted 
discrimination for decades, and yielded to fear and prejudice. The 
passage of the ADA finally ended these condescending and suffocating 
attitudes--and widened the doors of opportunity for all people with 
disabilities.
  The 15th anniversary of this landmark legislation is a time to 
reflect on how far we have come in improving the ``real life'' 
possibilities for the Nation's 56 million people with disabilities. In 
fact, the seeds were planted long before 1990.
  In 1932, the United States elected a disabled person to the highest 
office in the land. He became one of the greatest Presidents in our 
history. But even Franklin Roosevelt felt compelled by the prejudice of 
his times and hid his disability as much as possible. The World War II 
generation began to change all that.
  The 1940s and the 1950s introduced the Nation to a new class of 
Americans with disabilities--wounded and disabled veterans returning 
from war to an inaccessible society. Even before the war ended, 
rehabilitation medicine had been born. Disability advocacy 
organizations began to rise. Disability benefits were added to Social 
Security. Each decade since then has brought significant new progress 
and more change.
  In the 1960s, Congress responded with new architectural standards, so 
we could have a society everyone could be a part of. No one would have 
to wait outside a new building because they were disabled.
  The 1970s convinced us that greater opportunities for fuller 
participation in society were possible for the disabled. Congress 
responded with a range of steps to improve the lives of people with 
mental retardation, to support the right of children with disabilities 
to attend public schools, to guarantee the right of people with 
disabilities to vote in elections, and to insist on greater access to 
cultural and recreational programs in their communities.
  The 1980s brought a new realization, however, that when we talk about 
helping people with disabilities, we can't just rely on government 
programs. We need to involve private industry as well. Congress 
guaranteed fair housing opportunities for people with disabilities, 
required fair access to air travel, and made telecommunications 
advances available for people hard of hearing or deaf.
  The crowning achievement in these decades of progress was passage of 
the Americans with Disabilities Act in 1990 and its promise of a new 
and better life to every disabled citizen, in which their disabilities 
would no longer put an end to their dreams.
  As one eloquent citizen with a disability has said, ``I do not wish 
to be a kept citizen, humbled and dulled by having the State look after 
me. I want to take the calculated risk, to dream and to build, to fail 
and to succeed. I want to enjoy the benefits of my creations and face 
the world boldly, and say, this is what I have done.''
  Our families, our neighbors, and our friends with disabilities have 
taught us in ways no books can teach. The inclusion of people with 
disabilities enriches all our lives. My son Teddy continues to teach me 
every day the greatest lesson of all that disabled does not mean 
unable.
  As the saying goes, when people are excluded from the social fabric 
of a community, it creates a hole--and when there is a hole, the entire 
fabric is weaker. It lacks richness, texture, and the strength that 
diversity brings. The fabric of our Nation is stronger today than it 
was 15 years ago, because people with disabilities are no longer left 
out and left behind. And because of that, America is a greater and 
better and fairer nation.
  Today in this country we see the signs of the progress that mean so 
much in our ongoing efforts to include persons with disabilities in 
every aspect of life--the ramps beside the steps, the sidewalks with 
curb-cuts to accommodate wheelchairs, the lifts for helping disabled 
people to take buses to work or the store or to a movie.
  Disabled students are no longer barred from schools and denied an 
education. They are learning and achieving at levels once thought 
impossible. They are graduating from high schools, enrolling in 
universities, joining the workforce, achieving their goals, enriching 
their communities and their country.
  They have greater access than ever to the rehabilitation and training 
they need to be successfully employed and become productive, 
contributing members of their communities.
  With the Ticket to Work and Work Incentives Improvement Act, we 
finally linked civil rights closely to health care. It isn't civil and 
it isn't right to send a disabled person to work without the health 
care they need and deserve.
  These milestones show us that we are well on the way to fulfilling 
the promise of a new, better, and more inclusive

[[Page S8935]]

life for citizens with disabilities--but we still have a way to go. 
Today, as we rightly look back with pride, we also need to look ahead.
  We still face many challenges, especially in areas such as health 
care and in home-based and community-based services and supports. Many 
people with disabilities still do not have the health care they need.
  A strong Medicare prescription drug benefit is essential for all 
people with disabilities. Today, about one in six Medicare 
beneficiaries--over six million people--are people with disabilities 
under age 65. Over the next 10 years that number is expected to 
increase to 8 million.
  These persons are much less likely to be able to obtain or afford 
private insurance coverage. Many of them are forced to choose between 
buying groceries, paying their mortgage, or paying for their 
medication.
  Families raising children with significant disabilities deserve 
health care for their children. No family should be forced to go 
bankrupt, stay in poverty, or give up custody of their child in order 
to get needed health care for their disabled child. They deserve the 
right to buy in to Medicaid, so that their family can stay together and 
stay employed.
  People with disabilities and older Americans need community-based 
assistance as well, so they can live at home with their families and in 
their communities. We need to find a way to ensure this support is 
available, without forcing families into poverty. This is today's 
challenge to the Nation, and we need to work together to meet it.
  The Americans with Disabilities Act was an extraordinary milestone in 
the pursuit of the American dream. Many disability and civil rights 
leaders in communities throughout the country worked long and hard and 
well to achieve it.
  To each of you, I say thank you. It is all of you who are the true 
heroes of this achievement, and who will lead us in the fight to keep 
the ADA strong in the years ahead.
  Sadly, the Supreme Court is not on our side. In the past 15 years, it 
has restricted the intended scope of the ADA. Imagine you are a person 
with epilepsy in a job you love and you get excellent personnel 
reviews. You are taking medicine that controls the seizures and you 
have no symptoms. But your employer finds out you have epilepsy and 
fires you. Should you be able to sue your employer for discrimination? 
Congress intended you should--but the Supreme Court ruled you can't.
  The Court continues to carve out exception after exception in the 
ADA. But discrimination is discrimination, and no attempt to blur that 
line or write out exceptions into the law should be tolerated. Congress 
wouldn't do it and it is wrong for the Supreme Court to do it.
  The ADA was a spectacular example of bipartisan cooperation and 
success. Passed by overwhelming majorities in both the House and the 
Senate, Republicans and Democrats alike took rightful pride in the 
goals of the law and its many accomplishments.
  I know that the first President Bush, Senator Bob Dole, and many 
Members of Congress from both sides of the aisle consider their work on 
the ADA to be among their finest accomplishments in public service. It 
is widely regarded today as one of the true giant steps in our ongoing 
two-centuries-old civil rights revolution.
  The need for that kind of bipartisan cooperation is especially 
critical today, as the Senate considers the nomination of John Roberts 
to fill Justice O'Connor's vacancy on the Supreme Court. Many people 
are generally aware of Justice O'Connor's role in a number of landmark 
decisions on reproductive and civil rights. Few know, though, that she 
cast the deciding vote in Lane v. Tennessee in 2004, the 5-4 ruling on 
the constitutionality of the ADA and whether Congress has the power to 
prohibit the exclusion of people with disabilities from public 
facilities in communities across the country.
  The four dissenting Justices, in the name of States' rights, believed 
that Congress had no authority to do so. The case was brought by a 
paraplegic who complained that he was forced to crawl up the steps of 
the local courthouse to gain entry to the building. Justice O'Connor's 
swing vote upheld the ADA and the right of Congress under the 
Constitution to pass this landmark law to protect persons with such 
disabilities and guarantee their access to courts and other public 
facilities.
  The Senate's decision on the confirmation of Judge Roberts to the 
Supreme Court may very well determine whether the ADA will survive as 
we know it. His views on a wide range of issues are little known, but 
some of his views raise serious questions about his position on the 
rights of those with disabilities, and Senators have a clear 
responsibility in the coming hearings to determine his views on these 
basic issues.
  Hopefully, the new Supreme Court will continue to support the right 
of Congress to act in this important area, so that the extraordinary 
progress of the past 15 years will be sustained, not undermined. I 
intend to do all I can to see that it is.
  Today, more than ever, disability need no longer mean the end of the 
American dream. Our goal is to banish stereotypes and discrimination, 
so that every disabled person can realize the dream of working and 
living independently, and being a productive and contributing member of 
our community.
  That goal should be the birthright of every American--and the ADA 
opened the door for every disabled American to achieve it.
  A story from the debate on the ADA eloquently made the point. A 
postmaster in a town was told to make his post office accessible. The 
building had 20 steep steps leading up to a revolving door at the only 
entrance. The postmaster questioned the need to make such costly 
repairs. He said, ``I've been here for 35 years, and in all that time, 
I've yet to see a single customer come in here in a wheelchair.'' As 
the Americans with Disabilities Act has proved so well, if you build 
the ramp, they will come, and they will find their field of dreams.
  So let's ramp up our own efforts across the country. We need to keep 
building those ramps, no matter how many steps stand in the way. We 
will not stop today or tomorrow or next month or next year. We will not 
ever stop until America works for all Americans.
  I ask all Senators to join me today in committing to keep the ADA 
strong. It is an act of conscience, an act of community, and above all, 
an act of continued hope for the future.
  Mr. CORZINE. Mr. President, I rise today to speak on a topic that has 
great importance to me and to the citizens of New Jersey. Fifteen years 
ago, Congress passed historic civil rights legislation based on the 
fundamental principle that this great Nation of ours benefits from the 
talents of every citizen. The passage of the Americans with 
Disabilities Act (ADA) began an era of opportunity for 54 million 
Americans. In the 15 years since, this landmark legislation has thrown 
open doors and provided equal opportunities for people with 
disabilities. The ADA has brought the American dream within reach of 
millions of Americans.
  I regret that I was unable to mark the fifteenth anniversary of the 
ADA with my Senate colleagues. Last night, I joined the family of 
Dwayne Reeves, a Newark school police officer killed in the line of 
duty, for the officer's wake. My deepest sympathies and my prayers are 
with his family as they grieve this senseless and tragic loss.
  In the 15 years since the passage of the ADA, we have witnessed 
dramatic changes throughout the Nation--from greater public 
accommodation at places of business and commercial establishments to 
the expansion of government services for disabled citizens and the 
stunning advances in transportation and telecommunications technology. 
Citizens who could not fully participate in their communities are now 
able to go to the park, visit a movie theater, or attend a ballgame. In 
my home State of New Jersey, beach communities from Sandy Hook to Cape 
May have installed wheelchair access ramps and provide beach 
wheelchairs for disabled individuals, ensuring that all citizens can 
join family and friends for a relaxing day at the beach. These steps 
have enabled many citizens to contribute to their communities, make the 
most of their abilities, and live their lives to the fullest.
  Yet we must not be content to stop here. There is still much work to 
be

[[Page S8936]]

done to ensure that all Americans, especially those who were 
discriminated against until 15 years ago, are given an equal chance at 
using all of America's tools for success. This is why I, along with my 
colleague Senator Harkin and so many others, have worked to improve and 
expand the Ticket to Work, Workforce Investment Act, and Vocational 
Rehabilitation programs. These programs provide unparalleled 
opportunity to Americans with disabilities by equipping them with the 
skill sets necessary to work in education, science, business, 
government and other fields that weren't previously accessible. In 
addition, I plan to continue my efforts to defend and strengthen the 
Individuals with Disabilities Education Act because equal opportunity 
does not exist without equal access to education.
  The ADA is about ensuring that every American can participate fully 
in all of the daily activities that many of us take for granted. 
Whether it is using the phone, going out to dinner, or commuting to 
work on public transportation, the ADA ensures that all citizens have 
the ability to carry on their personal affairs. Fifteen years ago, we 
said yes to inclusion, yes to independence, and yes to integration into 
every aspect of society for people with disabilities. We have made a 
lot of progress since that day. Let us make sure we continue down this 
path by providing equal opportunity and ensuring that our Nation 
benefits from the unique abilities of all Americans.
  Mr. HARKIN. Mr. President, today marks the 15th anniversary of the 
Americans with Disabilities Act, a truly momentous occasion that the 
Senate marked yesterday by voting 87-0 in support of a resolution 
recognizing and honoring this anniversary. On this 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 protest, persistence and courage moved this law forward 
to passage 15 years ago.
  We have made great progress in America in the last 15 years, and 
evidence of that progress can be found all around us. It has changed 
lives--and changed our Nation. It has made the American dream possible 
for tens of millions of people with disabilities.
  But, our work is not yet complete in fulfilling the four great goals 
of the Americans with Disabilities Act: equal opportunity, full 
participation, independent living, and economic self-sufficiency for 
persons with disabilities. I cannot think of a better way to celebrate 
the anniversary of the ADA than by rededicating ourselves to these 
goals. I look forward to working with my fellow Senators and the 
disability community to building on the progress that we have made over 
the past 15 years. Toward that end, I ask unanimous consent to print in 
the Record a ``Statement of Solidarity'' from over 700 disability 
rights and civil rights organizations, led by the American Association 
of Persons with Disabilities and the National Council on Independent 
Living, that highlights the many challenges we face as we continue on 
the path that leads to liberty and justice for all. I hope that my 
fellow Senators will review this document carefully, as I believe it 
raises a number of important issues that we should consider as we once 
again rededicate ourselves to realizing the full promise of the ADA.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

     Statement of Solidarity on 15th Anniversary of Americans With 
                     Disabilities Act July 26, 2005

       Fifteen years ago today, with bipartisan support in 
     Congress and broad endorsements from the civil rights 
     coalition, President George H. W. Bush signed into law the 
     Americans with Disabilities Act (ADA), calling for the 
     ``shameful wall of exclusion'' to come tumbling down. As we 
     mark this significant anniversary, we celebrate improvements 
     in access to polling places and the secret ballot, government 
     services and programs, transportation, public places, 
     communication and information technology. Parents pushing 
     strollers, workers delivering packages, and travelers pulling 
     roller bags have grown accustomed to curb cuts, ramps, and 
     other accessibility features less common in 1990. Our country 
     is more accessible today thanks to the ADA, and all Americans 
     are better off.
       Although substantial progress has been made, we are 
     reminded every day of the significant remnants of the 
     ``shameful wall of exclusion'' that continue to prevent this 
     great country from realizing the full promise of the ADA.
       The majority of Americans with disabilities continue to 
     live in poverty and unnecessary isolation.
       Most adults with disabilities are either not working or not 
     working to their full potential, robbing the economy of the 
     contributions of tens of millions of would-be workers.
       Children and youth in special education continue to drop 
     out of school in alarming numbers before obtaining a regular 
     high school diploma.
       The promises of higher education, accessible and affordable 
     housing and transportation, quality affordable healthcare, 
     and a living wage continue to elude many adults with 
     disabilities and their families.
       The ADA is slowly driving policy changes that have enabled 
     more people with significant mental and physical disabilities 
     to live independently in the community, but the ongoing 
     institutional bias in the Medicaid program keeps too many 
     people trapped in nursing homes and other institutions, 
     unable to enjoy the freedoms and personal choices about where 
     and how to live that other Americans take for granted.
       New technologies are increasing the independence and 
     productivity of many Americans. Yet, advances in technology 
     alone are not guaranteed to improve the lives of people with 
     disabilities. As we develop applications like Voice-over-
     Internet-Protocol (VOIP) telephony, wireless 
     telecommunications, widespread broadband internet 
     connectivity, new medical devices, new computer applications, 
     and a plethora of new genetic tests, it is critical that 
     these technologies be designed and used in a way that 
     increases the inclusion, independence, and empowerment of 
     Americans with disabilities as well as America's growing 
     senior population.
       The ADA has begun to change the landscape of our cities and 
     towns, but a civil rights law alone does not create the kind 
     of transformation of attitudes that Americans with 
     disabilities, their families, and allies are fighting to 
     achieve. This kind of change requires widespread discussion, 
     education, and consciousness-raising.
       In 2005, how do fears, myths, and stereotypes continue to 
     artificially limit understanding and acceptance of disability 
     as a form of human diversity?
       What role do the mass media and entertainment industries 
     play in forming public perceptions of disability, and how can 
     decision makers in these important fields be influenced to 
     produce more content that depicts the actual life experience 
     and first person perspectives of people with disabilities?
       What can be done to further improve accessibility at the 
     design stage of new products and programs?
       How can disability awareness and disability-friendly 
     practices create more productive places of business and 
     learning?
       What concrete actions can worship communities and sports 
     and recreation programs take to foster full participation of 
     children, youth, and adults with disabilities in these 
     activities?
       Why do so many Americans continue to view disability as a 
     fate worse than death, and how do these views affect 
     surrogate medical decisionmaking and the application of new 
     genetic testing technologies?
       These questions form the basis of an American conversation 
     that still needs to take place.
       Widespread social change cannot simply be legislated, and 
     it will not occur without bold leadership from all sectors of 
     American society.
       Public and private employers, in particular, must make a 
     serious, concerted effort to recruit and advance qualified 
     workers with disabilities within their labor force.
       Election officials must take the necessary actions to 
     ensure that every adult is able to enter his or her polling 
     place and cast a secret and independent vote.
       School administrators and university presidents must 
     embrace their responsibility to deliver a world-class 
     education to all their students.
       It is time for leaders across America--business owners, 
     little league coaches, moms and dads, sheriffs and clergy--to 
     reject exclusion, paternalism, and segregation and to take 
     personal responsibility for removing barriers to full 
     participation that still exist in every community in this 
     country.
       With the aim of making America work better for everyone, 
     the undersigned organizations pledge to build on the progress 
     of the last 15 years and join together to promote the full 
     participation and self-determination of the more than 50 
     million U.S. children and adults with disabilities. We 
     believe that disability is a natural part of the human 
     experience that in no way should limit the right of all 
     people to make choices, pursue meaningful careers, live 
     independently, and participate fully in all aspects of 
     society. We encourage every American to join us in this 
     cause, so that our country may continue on the path that 
     leads to liberty and justice for all.
       Signed by 743 organizations.

  Mr. BROWNBACK. Mr. President, I rise today to remember an important 
occasion that represents 15 years in our Nation's history and welcome 
the opportunity to speak on these issues which are near and dear to my 
heart. On July 26, 1990, President George H.W. Bush signed into law the 
Americans

[[Page S8937]]

with Disabilities Act, ADA, with bipartisan support in Congress under 
the leadership of then-Senate Minority Leader Bob Dole, my predecessor 
from Kansas, and thanks in large part to the dedication and hard work 
of my current colleague, the good Senator from Iowa, Tom Harkin, as 
well as current Senators Charles Grassley of Iowa and Daniel Inouye of 
Hawaii.
  Today we must continue to dismantle, brick by brick, the ``shameful 
wall of exclusion'' that existed in the United States previous to the 
existence of the ADA. And, building on our 15 years of experiences in 
tearing down the wall of exclusion, we must continue to bring to 
realization the full promise of the ideas entailed in the ADA. To carry 
on this significant legacy, we must recognize that, today, we face new 
challenges and new policy considerations.
  It is estimated that there are now in America 50 million citizens 
with some sort of disability. An amazing individual from Kansas who 
visited D.C. last week to tell his story is 7-year-old Matthew Whaley. 
Matthew was denied access to the local recreation department's baseball 
league because he happened to have cerebral palsy. However, because of 
the Americans with Disabilities Act, he is now showing off his All-Star 
baseball skills as an outfielder.
  When I think about what Congress needs to accomplish for people with 
disabilities over the next few years, to continue to achieve the dream 
that should have been, and that the ADA began to make possible, I 
consider what policies we need to change to ensure that Matthew, and 
others with disabilities, can continue to make a positive difference in 
this world.
  We must consider America's aging population. According to the U.S. 
Census, by the year 2050, 21 percent of America's total population will 
be age 65 and over. It is understood that the probability of having a 
disability increases with age. This means that America's population 
with disabilities will continue to grow.
  It is imperative that we look for ways to meet the needs of this 
population and ensure that they can continue to live independent, 
fulfilling lives. Just recently, I spent time with a constituent of 
mine who embodies this idea--a man named Rick Davidson from Olathe, KS. 
Rick is a motivational speaker for at-risk youth, has traveled across 
the country meeting with lawmakers on disabilities' policy issues, and 
is attending college for an associates degree in Web design. Rick has 
lived a healthy and active life as a quadriplegic for almost 18 years--
doctors initially estimated that Rick had just 16 years to live.
  Another way we can make a positive impact for the future is through 
supporting endeavors such as the New Freedom Initiative--a 
comprehensive program to promote the full participation of people with 
disabilities in all areas of society by increasing access to assistive 
technologies, expanding educational and employment opportunities, and 
promoting increased access to daily community life.
  In the context of changing public policy, we must also examine how 
effectively government programs, such as Medicare and Medicaid, are 
serving the needs of individuals with disabilities. For example, the 
Medicare Program's benefit for mobility devices has an ``in the home'' 
restriction which limits coverage to only those mobility devices that 
are necessary within a patient's home. Unfortunately, this does not 
address the needs of a patient who would use this device to obtain 
access to his or her community, work, school, physician's office, 
pharmacy, or place of worship. In view of this, I recently signed on a 
letter requesting that Medicare's mobility device ``in the home'' 
restriction be modified to improve community access for Medicare 
recipients with disabilities. I am also a cosponsor of legislation that 
would offer lower income families who have children with disabilities 
the opportunity to acquire health care coverage through the Medicaid 
Program.
  Along these lines, Congress must address the issue of accessibility 
to long-term care for the elderly and those with disabilities. 
Currently, we have a Medicaid system that spends approximately two-
thirds of its dollars on institutional care and approximately one-third 
on community services. This antiquated policy effectively removes 
disabled and elderly individuals from their community, family, and 
friends. Even from a cost perspective, this system does not make sense. 
According to the National Association of Insurance Commissioners, the 
cost of nursing home care ranges from $30,000 to $80,000 per year, 
while the annual cost of home and community care is much lower.
  The bottom line is that Congress must work to align the Medicare and 
Medicaid Programs with goals of the Americans with Disabilities Act. 
After all, we live in America and in this country we celebrate 
independence, self-determination, uniqueness, and a sense of community. 
We must maintain these ideals for our children as well. This year, I 
introduced the Prenatally Diagnosed Conditions Awareness Act. For some 
conditions that can be detected in the womb, we are aborting 80 percent 
or more of the babies who test positive. The effect of this type of 
``weeding out'' is the creation of a sort of new eugenics, a form of 
systematic, disability-based discrimination. The latter process is to 
the detriment of our society.
  In addition to the many abilities that persons with disabilities 
have, these individuals so often have a perspective the rest of us 
don't have. We learn compassion, heroism, humility, courage, and self-
sacrifice from these special individuals--and their gift to us is to 
inspire us, by their example, to achieve these virtues ourselves.
  In our discussion of fostering independence, we must keep in mind the 
importance of guaranteeing all individuals their right to vote. Our 
citizens with disabilities deserve equal access and an equal voice in 
our democratic process. Initiatives such as the Help America Vote Act, 
enacted in 2002, created vital grant programs ensuring electoral 
participation by persons with disabilities and making polling places 
accessible to persons with disabilities. Congress must continue to look 
for ways to expand access to our electoral system for persons with 
disabilities.
  While we can change public policy to reflect the ideas embodied in 
the ADA, it is just as important to seek change at the individual 
level. Every human being has the ability to change their own ideas and 
actions in their daily life as they meet an elderly person or a person 
with disabilities. As Americans, we have a God-given duty to love each 
and every person, and treat them, not as a means to an end, but as an 
end in and of themselves. As a Nation, we are so blessed with the 
presence of individuals who are different than us, and who have the 
ability to teach us; to teach us about love, about compassion, and 
about what it means to have strength and courage from within.
  My vision for America is to continue to build on the momentous legacy 
of the ADA, where we as citizens continue to celebrate the breadth of 
experience and life lessons that persons with disabilities offer us.
  Over 137,000 individuals with disabilities reside in my State of 
Kansas. My hope for them is the same as my hope for all Americans who 
have disabilities: that we as a society and as a government do 
everything in our power to foster their independence, to nurture their 
soul and to embrace their contributions to society.

                          ____________________