[Congressional Record Volume 156, Number 110 (Monday, July 26, 2010)]
[House]
[Pages H5989-H5996]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RECOGNIZING 20TH ANNIVERSARY OF AMERICANS WITH DISABILITIES ACT
Mr. POLIS. Mr. Speaker, I move to suspend the rules and agree to the
resolution (H. Res. 1504) recognizing and honoring the 20th anniversary
of the enactment of the Americans with Disabilities Act of 1990, as
amended.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 1504
Whereas July 26, 2010, marks the 20th anniversary of the
enactment of the Americans with Disabilities Act of 1990;
Whereas the Americans with Disabilities Act has been one of
the most significant and effective civil rights laws passed
by Congress;
Whereas, prior to the passage of the Americans with
Disabilities Act, people with disabilities faced
significantly lower employment rates, lower graduation rates,
and higher rates of poverty than people without disabilities,
and were too often denied the opportunity to fully
participate in society due to intolerance and unfair
stereotypes;
Whereas the dedicated efforts of disability rights
advocates, including Justin Dart, Jr., and many others,
served to awaken Congress and the American people to the
discrimination and prejudice faced by individuals with
disabilities;
Whereas Congress worked in a bipartisan manner to craft
legislation making such discrimination illegal;
Whereas Congress passed the Americans with Disabilities Act
and President George Herbert Walker Bush signed the Act into
law on July 26, 1990;
Whereas the purpose of the Americans with Disabilities Act
is to fulfill the Nation's goals of equality of opportunity,
independent living, economic self-sufficiency, and full
participation for Americans with disabilities;
Whereas the Americans with Disabilities Act prohibits
employers from discriminating against qualified individuals
with disabilities, requires that State and local governmental
entities accommodate qualified individuals with disabilities,
requires places of public accommodation to take reasonable
steps to make their goods and services accessible to
individuals with disabilities, and requires that new trains
and buses be accessible to individuals with disabilities;
Whereas the Americans with Disabilities Act has played an
historic role in allowing over 50,000,000 Americans with
disabilities to participate more fully in national life by
removing barriers to employment, transportation, public
services, telecommunications, and public accommodations;
Whereas the Americans with Disabilities Act has served as a
model for disability rights in other countries;
Whereas all Americans, not just those with disabilities,
benefit from the accommodations that have become commonplace
since the passage of the Americans with Disabilities Act,
including curb cuts at street intersections, ramps for access
to buildings, and other accommodations that provide access to
public transportation, stadiums, telecommunications, voting
machines, and websites;
Whereas Congress acted with overwhelming bipartisan support
in 2008 to restore protections for people with disabilities
by passing the ADA Amendments Act of 2008, which overturned
judicial decisions that had inappropriately narrowed the
scope of the protected class under the Americans with
Disabilities Act;
Whereas, 20 years after the enactment of the Americans with
Disabilities Act, children and adults with disabilities
continue to experience barriers that interfere with their
full participation in mainstream American life;
Whereas, 20 years after the enactment of the Americans with
Disabilities Act, people with disabilities are twice as
likely to live in poverty as their fellow citizens and
continue to experience high rates of unemployment and
underemployment;
Whereas, 20 years after the enactment of the Americans with
Disabilities Act, the largest income support and health care
programs continue to operate in a manner that expects people
with significant disabilities to be outside the economic
mainstream and have limited income and assets;
Whereas, 20 years after the enactment of the Americans with
Disabilities Act and 11 years after the Supreme Court's
decision in Olmstead v. L.C., many people with disabilities
still live in segregated institutional settings because of a
lack of support services that would allow them to live in the
community;
[[Page H5990]]
Whereas, 20 years after the enactment of the Americans with
Disabilities Act, new telecommunication, electronic, and
information technologies continue to be developed while not
being accessible to all Americans;
Whereas, 20 years after the enactment of the Americans with
Disabilities Act, many public and private covered entities
are still not accessible to people with disabilities; and
Whereas the United States has a responsibility to welcome
back and create opportunities for the tens of thousands of
working-age veterans of the Armed Forces who have been
wounded in action or have received service-connected injuries
while serving in Operation Iraqi Freedom and Operation
Enduring Freedom: Now, therefore, be it
Resolved, That the House of Representatives--
(1) recognizes and honors the 20th anniversary of the
enactment of the Americans with Disabilities Act of 1990;
(2) salutes all people whose efforts contributed to the
enactment of the Americans with Disabilities Act;
(3) encourages all Americans to celebrate the advance of
freedom and the opening of opportunity made possible by the
enactment of the Americans with Disabilities Act; and
(4) pledges to continue to work on a bipartisan basis to
identify and address the remaining barriers that undermine
the Nation's goals of equality of opportunity, independent
living, economic self-sufficiency, and full participation for
Americans with disabilities.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Colorado (Mr. Polis) and the gentleman from Wisconsin (Mr. Petri) each
will control 20 minutes.
The Chair recognizes the gentleman from Colorado.
General Leave
Mr. POLIS. Mr. Speaker, I request 5 legislative days during which
Members may revise and extend and insert extraneous material on House
Resolution 1504 into the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Colorado?
There was no objection.
Mr. POLIS. Mr. Speaker, I am pleased to yield 1 minute to the
gentleman from Maryland, Leader Hoyer.
Mr. HOYER. I thank the gentleman from Colorado for yielding.
Speaker Langevin, I congratulate you on taking the podium. I
congratulate you on your extraordinary service to the people of Rhode
Island and the people of our country. And I congratulate you for being
an example of the can-do spirit that has made America such a great
country.
Mr. Speaker, I am so pleased to be here on this, the 20th anniversary
of the adoption of the Americans with Disabilities Act. I'm
particularly pleased to be here on the floor with my former colleague
and my lifetime friend Tony Coelho of the State of California. Tony
Coelho was the Whip on our side of the aisle for a number of years,
elected into that position very shortly after he took his seat in the
Congress of the United States. He is a person of extraordinary ability,
extraordinary energy, extraordinary focus, and extraordinary
accomplishment.
But early in his life, he fell off, in a farming accident, a tractor
and injured his head. As a result of that traumatic injury, he became
an epileptic. And because of that, his lifetime dream of becoming a
priest was not available to him. That was something of a great trauma,
again, to him.
However, he overcame that, came to Congress, and has made his life's
work opening up America to those who had been discriminated against, to
those who had been shut out, to those for whom the pursuit of happiness
was made either impossible or very difficult by the barriers and
prejudice that existed.
Twenty years ago today, the first President Bush signed the Americans
With Disabilities Act. I was proud to help pass that legislation. But
much more, I was proud to see our country come together to rededicate
itself to the principles of equal opportunity, irrespective of race or
color, national origin, religion, or any other arbitrary distinction,
including disability.
The ADA made it possible for Americans with disabilities to use the
same public spaces that so many of us take for granted and to succeed
as their talent and drive allows them to. Fifty million Americans have
gone through the doors of equal opportunity that are open. When I first
heard that figure, it sounded awfully high to me because I thought
about disabilities being somebody who, like Mr. Langevin, as a result
of an accident had been forced to use a wheelchair for mobility
purposes. I was used to thinking of disability as somebody who used a
cane because they had no sight or somebody who used a hearing aid
because their hearing was diminished or nonexistent.
Helen Keller, of course, taught us a great and powerful lesson about
overcoming disabilities. But I learned quickly that so many of us have
a disability that nobody else sees. Mr. Coelho is on the floor. If I
asked you to identify Mr. Coelho by his disability you'd be unable to
do so because it's not apparent. But the prejudice with respect to his
disability was in fact very present.
So the Americans With Disabilities Act not only dealt with actual,
visual impairments, but also perceived impairments.
We know that those doors are not all the way open, however. We
strengthened the act in 2008, and today it is our job to live up to its
enduring principles, whether it's making the House rostrum wheelchair
accessible--thank you, Madam Speaker, for your leadership on making
sure that Jim Langevin, our colleague, who has the ability to preside,
has the accessibility of the rostrum so that he can exercise that
ability. That's what the Disability Act was all about.
I thank my colleagues that helped to make the ADA possible. Tony
Coelho, of course, in the House was our leader, our spark plug, our
visionary, and he enlisted many of the rest of us to assist in this
effort. The disability community who fought so hard, who showed so much
courage, who spent so much time to let Members of Congress know the
discrimination to which they were subjected.
I believe that this act is an act which will continue to make America
a better country, it will continue to make America a country that is in
fact living out the core of its principle, which is equal opportunity
for all under the law.
I want to thank a number of people, some of whom we will see further
today. Mr. Markey, who was so critical on the communications issue. I
want to thank my friend Jim Sensenbrenner, who sits on the floor here,
who was a leader on the Judiciary Committee, a critical component of
the passage of the Americans With Disabilities Act. I want to thank my
friend Steve Bartlett, who himself was a Member of Congress--not now--
but was my partner in coordinating the various committees and
subcommittees and worked together with me in an absolutely
nonpartisan--it wasn't bipartisan. It had nothing to do with party or
politics; it had to do with our country's principles.
I want to thank Augustus Hawkins, who was chair of the Education and
Labor Committee; Major Owens; Matthew Martinez; Steve Bartlett, whom I
mentioned; Congressman Fawell. I want to thank John Dingell, who
chaired the Energy and Commerce Committee; Edward Markey, the chair of
the Telecommunications Subcommittee; Tom Luken; Norm Lent; Bob
Whittaker; Matt Renaldo; Glen Anderson, who was the chair of the Public
Works Committee; Robert Roe, ranking Democrat; and Norm Mineta.
Every time you see a bus that's accessible or train station that's
accessible or an airplane that's accessible, remember Norm Lent.
Remember Norman Mineta as well, who made that possible. And that was
very difficult because there was a cost associated to it, and we wanted
to make sure that it was a reasonable cost to be imposed. But we knew
that in the long run, that investment would pay off for America.
I want to thank John Paul Hammerschmidt as well; Jack Brooks chaired
the Judiciary Committee at that time; Don Edwards; Bob Castermire;
Hamilton Fish; and, of course, Jim Sensenbrenner. There are many, many
others.
This resolution recognizes the adoption of a bill 20 years ago. Jim
Langevin is the living, breathing, participating example of how that
statute made a difference.
{time} 1430
Not just for Jim Langevin but for all of us who will benefit from the
contribution that the Jim Langevins of America will make, and we ought
to be proud in America that this bill is now an example to all the
world and has been used as a model by many nations in the world that
they have followed to
[[Page H5991]]
make their societies more accessible and make the lives of those with
disabilities fuller and more productive
There is much that remains to be done. Those with disabilities still
are more likely to live in poverty. Those with disabilities are still
more likely not to be able to get a job. Those with disabilities are
still confronted with a lack of access to some facets of our society.
So as we recognize this anniversary, as the President tonight will
honor the 41st President of the United States, George Bush, and his son
who signed the Amendment Act, so both President Bushes have played a
role in making accessibility a reality in America. So as we celebrate
this day, let us recommit ourselves as our Founding Fathers talked
about equality of opportunity and as we have seen for the 200-plus
years of the existence of our constitutional democracy, that
periodically we've had to take steps to make sure that the promise of
opportunity was the reality of opportunity.
So, Speaker Langevin, congratulations to you. Congratulations to our
country. Congratulations to our citizens as we all work together to
make this a more perfect union.
Mr. PETRI. Mr. Speaker, I rise in support of House Resolution 1504,
and I yield myself such time as I may consume.
Today, we commemorate the 20th anniversary and enactment of the
Americans with Disabilities Act and we celebrate also the positive
changes in our workplaces, our public facilities and, indeed, in our
Nation's understanding of the challenges and the triumphs of
individuals with disabilities.
The Americans with Disabilities Act is an example of bipartisanship
at its best. Members on both sides of the aisle came together 20 years
ago to craft meaningful protections for members of our society who, up
until this law's enactment, had too often been denied the opportunities
and accommodations necessary for them to thrive.
In the 20 years since the Americans with Disabilities Act became law,
we have seen firsthand the contributions made by individuals with
disabilities when obstacles are removed and ignorance gives way to
understanding. By simply leveling the playing field, our society is
richer.
This law has been a remarkable success, but with the passage of time
came the need for improvements. That is why Members on both sides of
the aisle came together once again in 2008 to modernize the law and
ensure its protections today fulfill its promise made 20 years ago.
I applaud the brave individuals who 20 years ago fought to shine a
light on the discrimination and lack of basic access afforded to many
individuals with disabilities. I applaud the legislators on both sides
of the aisle who heard those stories and who responded with this
landmark legislation. I also applaud the employers, State and local
governments, and facilities owners across the Nation that have taken
the letter and the spirit of this law to heart and opened their doors
and extended their opportunities to all Americans, regardless of
disability.
Today, we take the time to appreciate how this House and, indeed, how
our Nation as a whole has benefited from the Americans with
Disabilities Act. I am pleased to join my colleagues in support of this
resolution.
I reserve the balance of my time.
Mr. POLIS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of House Resolution 1504, which
recognizes and honors the 20th anniversary of the signing of the
Americans with Disabilities Act of 1990, the most historic piece of
legislation affecting the civil rights of people with disabilities in
our Nation's history.
Prior to its passage, too many people with disabilities received
unequal treatment, didn't have the same kinds of opportunities as
others Americans, faced inaccessible facilities and services, in both
the public and private sectors. Many Americans with disabilities faced
discrimination in education and employment, couldn't support their
families, couldn't access jobs. As a result, Americans with
disabilities were denied the opportunity to fully participate in
society because they were not afforded the same rights that other
Americans take for granted.
The hard work of disability advocates and Members of Congress, many
of whom are being recognized today, past and present, culminated with a
bipartisan effort to craft and pass the Americans with Disabilities
Act. Since its passage, the ADA has worked to fulfill the Nation's
goals of equal opportunity, independent living, economic self-
sufficiency, and full participation. The ADA prohibits discrimination
against individuals with disabilities across all sectors of society. It
reduces barriers and promotes access and helps people with
disabilities. That means our friends, our families, and ourselves fully
participate in society.
More than 50 million Americans directly benefit from the ADA. While
there's undoubtedly more work to be done to ensure full inclusivity of
all people with disabilities, today we celebrate a major milestone 20
years of civil rights under this act that affirm its ideals and the
work ahead.
Mr. Speaker, I would like to thank Leader Hoyer for introducing this
important resolution and, once again, express my support for House
Resolution 1504, honoring the 20th anniversary of the Americans with
Disabilities Act.
I reserve the balance of my time.
Mr. PETRI. Mr. Speaker, I yield such time as he may consume to my
distinguished colleague from the State of Wisconsin, F. James
Sensenbrenner.
Mr. SENSENBRENNER. Mr. Speaker, first, congratulations on setting
history today by presiding over the House of Representatives. I promise
you that there will be no points of order from the Republican side
while you're in the chair.
I also rise to support House Resolution 1504, which celebrates the
20th anniversary of the Americans with Disabilities Act.
It is important to acknowledge the achievements the disability
community and its allies have accomplished in the past two decades.
This anniversary represents another positive step taken in ensuring
that all Americans are included in our communities and places of work.
It has been a long road to guarantee that our fellow Americans find
equal protection under the law. Upon the signing of the ADA, President
George H.W. Bush said, ``Let the shameful wall of exclusion finally
come tumbling down.'' Through bipartisan efforts, the societal barriers
that for far too long kept disabled Americans from fully participating
in our communities did indeed crumble with the passing of one of the
most effective civil rights laws ever.
Because of this monumental piece of legislation, our country has been
able to capitalize on the talents of millions of Americans with
disabilities in the workplace. The ADA has protected the rights of
children and students who once encountered educational discrimination
and barriers. The accessibility of buildings, public transportation,
and sidewalks has made our society more inclusive. The achievements of
the ADA and the thousands of advocates who fought tirelessly for its
passage represent the country's endless commitment to empower all
American citizens with disabilities with the capacity to fully
participate in his or her community.
In response to several Supreme Court decisions that restricted ADA
coverage for individuals with diabetes, epilepsy and cancer, to name a
few, in 2008 Congress passed the Americans with Disabilities Amendment
Act.
{time} 1440
This legislation broadened the definition of ``disabled'' and brought
more people with disabilities under the umbrella of protection and
reaffirmed Congress' promise to integrate people with disabilities.
Furthermore, it's important to recognize the change in societal
attitudes towards people with disabilities as a result of the ADA.
Since its passage, more and more Americans enjoy increased educational
and employment opportunities. These opportunities have produced higher
graduation rates and higher employment rates.
Because of the ADA, the disabled are no longer confined to isolation.
We now see our fellow Americans with disabilities in our restaurants,
movie theatres, sporting events, schools, and places of work. As of
today, this Congress will see a fellow Congressman from Rhode Island
and quadriplegic, Mr. Langevin, preside over the House.
[[Page H5992]]
Because of changes made to the Speaker's rostrum, this House now
joins the ranks of thousands of buildings across the Nation that have
made architectural changes which serve to increase accessibility for
people with disabilities. This is a proud moment for this Congress and
reflects the progress that has been made in the past two decades.
The ADA, along with passage of the ADA Amendments Act, reminds us
that this progress has been made over the last 20 years, as well as the
continued effort that must be made to advocate for people with
disabilities who still experience discrimination.
I urge my colleagues to join me in passing House Resolution 1504.
Mr. POLIS. Mr. Speaker, it's my honor to yield 7 minutes to the
gentleman from Rhode Island (Mr. Kennedy).
Mr. KENNEDY. Mr. Speaker, my good friend and colleague, Mr. Langevin,
I rise to support H. Res. 1504, commemorating the ADA.
Mr. Speaker, you are the embodiment of what the ADA meant to
accomplish. To accomplish the great mission of America, to widen the
circle of opportunity for more and more Americans to participate in the
American Dream. Your service in Congress exemplifies the rawest
elements of the American Dream, the potential that exists when we are
lifted by what we believe in ourselves rather than what we are told by
others.
That spirit of possibility also represents the best of America
itself. However daunting appear the challenges that loom before us, we
must not forget that our Nation was built on possibility and founded on
the principles of overcoming overwhelming obstacles. The true strength
of our Nation is derived not only from the fact that we are the most
diverse Nation in the world, but we are also the most inclusive Nation
in the world.
In much of the world, minority populations continue to be persecuted
and discriminated against. Yet in America, people exercise their right
guaranteed under the Constitution and the 1965 Voting Rights Act to
cast their ballot for Barack Obama, who received more votes from more
Americans than any other previous Presidential candidate in American
history.
It's nearly 50 years ago that my uncle entered the White House, and
among the many challenges he issued to the American people was the
Civil Rights Act. The true strength of our Nation is not derived only
from the fact that that is our big challenge, but that we must keep it
going forward.
He said, ``The heart of the question is whether all Americans are to
be afforded equal rights and equal opportunities, whether we are going
to treat our fellow Americans as we want to be treated. If, in short,
he cannot enjoy the full and free life which all of us want, then who
among us would be content to have the color of his skin changed,'' or,
in this case, to have the physical condition that they are in changed
and abide by that situation that they are living in. As he goes on,
``Who among us would be content with the counsels of patience and
delay?''
With this anniversary of the ADA, perhaps it's timely to think about
all the new ranks of those with disabilities, our returning veterans
suffering from TBI and PTSD. I will never forget the day we passed the
mental health parity bill. The most eloquent speech that I heard that
day was given by none other than the man in the rostrum, Jim Langevin.
He came down to the floor of the House. He said to his colleagues, All
of you see my disability; I am in a wheelchair.
But for millions of Americans, the disability they face is no less
paralyzing in their lives. This disability comes in the form of a
neurological disorder, a brain illness. To them, they have a very real
disability, but we don't treat it as such. That's why we need to pass
legislation prohibiting discrimination against the mentally ill.
Jim Langevin carried the day on that mental health parity bill. I
will always be grateful for that.
Today, we stand at the new frontier, as my uncle said, of the
possibility of scientific breakthrough to help our veterans through
their traumatic brain injury and their posttraumatic stress disorder. I
say that the new challenge of the disability movement is not to stand
by with the patience and delay that too many of us have witnessed when
it comes to research.
Now, research can seem something esoteric, but research isn't
esoteric to someone who is paralyzed in a wheelchair, who is looking
forward to the day when we can regenerate the spinal cord and allow
them to step out of that wheelchair. Research, to someone with
Alzheimer's, for them to be able to restore their memory and restore
their ability to come back to their family, that's as personal as it
gets. Research that allows us to reconnect the wirings in the brain for
a family who has children with autism.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. POLIS. Mr. Speaker, I yield an additional 2 minutes to the
gentleman from Rhode Island.
Mr. KENNEDY. Neil Armstrong, in his famous quote when he landed on
the Moon--an objective that no one thought was realistic when President
Kennedy made the challenge earlier that decade. They thought it was
impossible. But the United States got behind that mission, and we
carried the day because we are the United States.
How fitting it would be if we could apply Neil Armstrong's quote to
not only putting a man on the Moon, but apply that quote, ``One small
step for man; one giant leap for mankind,'' to those veterans when it
comes to them being able to say, I stepped out of my wheelchair. I was
able to step out of my bed. I was able to step out of my house because
this country went ahead with science. Nothing is more personal.
In about 3 weeks, I am going to celebrate, in a sense, my father's
life once again--the anniversary of his passing. What people don't know
is that I marvel at the fact that I had an extra year with my dad that
no one had expected because a neurosurgeon gave me that year. To me,
that neurosurgeon and modern science gets as personal as it can get,
because it gave me someone I loved for an extra year.
Ladies and gentlemen, let's harness the innovation technology that we
have on behalf of our veterans. If we don't have an urgency on behalf
of them to work to set them free from being prisoners of their war
injuries, held hostage from their trauma of serving this country, then
what are we going to get worked up for?
{time} 1450
Ladies and gentlemen, I want to thank people like Jim Langevin who
have fought the fight and been an example. Isn't it time we continue to
stand by them and continue that fight? Let's pass this resolution, but
let's rededicate ourselves to taking this fight not only to helping
make sure people don't fall behind, but also making sure that they move
forward to a brighter future, something that they can look forward to.
That's what America has been all about.
Thank you, Jim. It's been an honor to serve with you. I look forward
to many years ahead of your serving this great country of ours.
Mr. PETRI. Mr. Speaker, I yield such time as she may consume to our
colleague from the State of Washington, Cathy McMorris Rodgers.
Mrs. McMORRIS RODGERS. Mr. Speaker, let me join in saying
congratulations. It's very fitting and appropriate that you are in the
Speaker's chair today. You truly are an inspiration to us all.
I want to join in the celebration of the 20th anniversary of the
Americans with Disabilities Act. The ADA, which was signed 20 years ago
today, was one of the most important civil rights achievements in
American history. For me, it represents empowerment and it represents
independence. That is what our laws should encourage, opportunity and
independence for all.
This landmark bill gave 50 million Americans--including my son Cole,
who was born with Down Syndrome 3 years ago--the opportunity to live
the American dream. Through the ADA, Cole and so many others like him
were given the chance to fully participate in our society, including
better opportunities for education, employment, and independent living.
And as Cole's mom, I am so thankful for the many who have worked hard
many, many years so that my son, in 2010, could have more
opportunities, more resources, and more support than ever.
This was a bipartisan effort, supported by Democrats and Republicans
[[Page H5993]]
in Congress, signed by a Republican President. And I want to thank the
Members who are still in Congress, including Majority Leader Hoyer and
Representative Sensenbrenner, as well as former Majority Whip Tony
Coelho, for their tremendous leadership on this issue.
I also want to thank the incredible disabilities community in
America, a community that welcomed me and my family with open arms, for
all the work they have done organizing and advocating for this bill.
They are ordinary citizens who, by working together, achieved
extraordinary things.
We have come a long way in 20 years, but we still have a long way to
go. Let's use today's anniversary as an inspiration for creating a more
perfect union for Americans with disabilities and for all Americans.
Mr. SCOTT of Virginia. Mr. Speaker, I would like to take this
opportunity to recognize and commemorate the twentieth anniversary of
the Americans with Disabilities Act (ADA).
In 1990, then-President George H.W. Bush signed the Americans with
Disabilities Act into law. It was the most significant federal civil
rights legislation since the Civil Rights Act of 1964 and the Voting
Rights Act of 1965, both signed by President Lyndon Johnson. And
overall it has been a tremendous success.
The ADA was enacted to protect individuals with disabilities from
being discriminated against in employment, public entities and
transportation, public accommodations, and telecommunications. It
created a promise of inclusion and equal opportunity, so that all
Americans can live up to their full potential, encouraging and enabling
individuals with disabilities to participate in the social and economic
fabric of American life. As a result of the ADA, millions more people
with disabilities are working, living independently, and actively using
public accommodations that so many of us take for granted.
But it was not the first legislation to do so.
Mr. Speaker, in the early 1980s, when I was a member of the Virginia
General Assembly, sixty-four disability organizations formed a
coalition known as INVEST--INsure Virginians Equal Status Today--to
pass a state statute in Virginia to protect individuals with
disabilities from discrimination. I was a Member of the Senate
Committee on General Laws, the Committee that considered the
legislation, and we dealt with many of the central issues that needed
to be addressed, such as what constitutes a reasonable accommodation.
We worked through all of those issues, and the Virginians with
Disabilities Act was signed into law by former Gov. Charles S. Robb in
1985.
Today the Act protects nearly one million residents of the
Commonwealth of Virginia. This Act acknowledged that ``it is the policy
of the Commonwealth to encourage and enable persons with disabilities
to participate fully and equally in the social and economic life . .
.'' and it protects Virginians with disabilities from discrimination in
employment, education, housing, voting, and places of public
accommodation. It preceded the federal Americans with Disabilities Act
by five years, and many of the key concepts in the Virginia statute
formed the basis of the ADA. The landmark Virginians with Disabilities
Act is the Commonwealth's commitment to encourage persons with
disabilities to participate fully in the social and economic life of
the Commonwealth.
Five years later, the Americans with Disabilities Act of 1990 was
enacted to protect all Americans against discrimination on the basis of
disability.
Mr. Speaker, I am proud that 20 years later we are able to look back
upon the passage of the federal Americans with Disabilities Act and
recognize the importance of this legislation and the changes it has
made in American society. But our work is not yet done. The law is
stable yet it cannot stand still; it must continue to evolve. On this
20th anniversary of the ADA, while we acknowledge the progress we have
made, we must also examine the challenges that still remain. We must
continue to revisit the ADA and to examine whether it is accomplishing
its purpose to the fullest extent possible, and when we find that it is
not, we must be willing to make the changes necessary to do so.
One recent example of this willingness occurred last Congress when we
passed the Americans with Disabilities Amendments Act of 2008, which
was signed into law by President George W. Bush and became effective on
January 1st, 2009. The ADA Amendments Act restored the ADA to Congress'
original intent by clarifying that coverage under the ADA is broad and
covers anyone who faces unfair discrimination because of a disability,
and it overturned several court decisions that held that people with
disabilities would lose their coverage under the ADA simply because
their condition is treatable with medication or can be addressed with
the help of assistive technology.
That legislation was the direct result of the business and disability
communities working together to rectify a problem that was created by
the courts. It is my hope that this kind of commitment, determination
and cooperation will continue into the future until we have broken down
all barriers to individuals with disabilities.
Today, we break another barrier, because Congress has taken a step
toward greater accessibility by making the House rostrum wheelchair
accessible for the first time. I would like to recognize my friend and
colleague, Congressman James R. Langevin, who today presided over the
House Floor as Speaker Pro Tempore, as is his right and honor as a
member of Congress.
It is my hope that we will continue to break down barriers in the
Halls of Congress, on Main Street U.S.A., and throughout the world.
Mr. OBERSTAR. Mr. Speaker, I rise in strong support of H. Res. 1504,
a resolution recognizing and honoring the 20th anniversary of the
enactment of the Americans with Disabilities Act (ADA). I am proud to
cosponsor this important legislation, introduced by the distinguished
Majority Leader (Mr. Hoyer).
On July 26, 1990, upon signing this landmark civil rights law,
President George H. W. Bush stated that the ADA ``promises to open up
all aspects of American life to individuals with disabilities--
employment opportunities, government services, public accommodations,
transportation, and telecommunications.'' As we celebrate 20 years
since its enactment, we have an opportunity to reflect on the successes
of the ADA.
The ADA has helped to expand and enhance opportunities for over 50
million Americans with disabilities by removing barriers to employment
and essential services. Thanks to the public accommodations required by
the ADA, individuals with disabilities are able to more fully
participate in our society, and to enjoy the freedom that comes with
independent living and economic self-sufficiency.
Congress included transportation-specific requirements in the 1990
Act because accessible transportation services ensure that all
Americans with disabilities can enjoy extraordinary freedom of
mobility. Without reliable transportation, many individuals with
disabilities would not be able to access the significant public
accommodation improvements that have occurred in cities and towns
across the country as a result of the ADA. Specifically, the ADA
required public transit systems, passenger rail systems, and over-the-
road bus operators to modify their vehicles and facilities to make them
accessible to individuals with disabilities.
Congress set an aggressive timeline for public transit vehicles and
facilities to achieve ADA compliance. One month after enactment of the
ADA, all new trains and buses were required to be constructed as fully
ADA compliant; any refurbishing of buses or trains that took place one
month after enactment had to include ADA retrofits. Three years after
enactment, all readily achievable key subway, commuter rail, and light
rail station alterations were to be completed in order to bring these
systems into substantial compliance with the ADA. As of today, every
single key transit station is required to have been retrofitted to be
in full compliance with ADA.
The Committee on Transportation and Infrastructure has been vigilant
in its oversight of the implementation of the transportation
requirements of the ADA. The majority of our nation's public transit
systems have met their ADA requirements. According to the Government
Accountability Office (GAO), only 36 percent of transit buses in urban
areas were ADA compliant in 1989, but that number rose to 97 percent in
2005, and is closer to 100 percent today. While this marks good
progress, more needs to be done to ensure that any public transit
systems that are not fully accessible are brought into compliance as
soon as possible.
In the 110th Congress, the Committee on Transportation and
Infrastructure advanced H.R. 3985, the ``Over-the-Road Bus
Transportation Accessibility Act of 2007'' to ensure that motorcoach
accessibility regulations promulgated by the Department of
Transportation (DOT) in 1998 were being implemented. DOT had failed to
enforce its own regulations for a decade, based on an interpretation
that any enforcement must be carried out by the Department of Justice.
However, the Department of Justice does not conduct vehicle inspections
and did not have a mechanism to identify operators who were out of
compliance. H.R. 3985, which was signed by the President on July 30,
2008, closed this loophole and prohibited DOT from granting
registration authority to a motorcoach company who is not willing and
able to comply with the accessibility regulations and gave DOT express
enforcement authority.
In the 110th Congress, the Committee on Transportation and
Infrastructure also advanced legislation to help Amtrak, our national
passenger railroad, to come into compliance with the ADA. The Passenger
Rail Investment and Improvement Act of 2008 (Public Law
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110-432) required Amtrak to conduct an evaluation of the condition of
Amtrak's stations and its plan for making them readily accessible and
usable by persons with disabilities and fully compliant with the ADA.
The law also authorized funding for Amtrak to improve the accessibility
of facilities, including rail platforms and services, and required the
Federal Railroad Administration to monitor and conduct periodic reviews
of Amtrak's compliance with the ADA.
In FY 2008, Amtrak provided intercity passenger rail service to a
record number of 28.7 million passengers across 46 States over a 21,095
mile network owned by freight railroads, commuter railroads,
governmental authorities, and Amtrak. Amtrak provided service to 515
stations; 481 of those stations are required to be ADA-compliant by
July 26, 2010. In 2008, however, Amtrak announced that it would not be
able to meet the legislative deadline for compliance with the ADA.
Instead, the railroad presented a plan for coming into compliance over
the next five years, and has requested additional funds to implement
this plan for FY 2010 and again this year. Since releasing that plan,
however, Amtrak has determined that funding may not be the main source
of concern. Rather, Amtrak continues to face challenges in defining
what work is necessary to comply with the ADA and in forming work
agreements with its partners--the freight railroads, commuter
railroads, and governmental authorities--at each station, some of which
Amtrak does not own. As Chairman of the Transportation and
Infrastructure Committee I find this news distressing, and I intend to
hold a hearing this fall to determine what is blocking Amtrak from
coming into full compliance with the ADA.
Finally, in 2008, this body passed H.R. 3195, a bill to restore
protections for a wide range of individuals with disabilities (such as
those with epilepsy, diabetes and cancer) by overturning judicial
decisions that had narrowed the scope of the ADA as intended by
Congress. I was pleased that the Committee on Transportation and
Infrastructure played a role in shepherding these important amendments
through the House, which were signed by the President on September 25,
2008.
The modifications made by Congress since 1990 have strengthened the
original Act. We must continue to aggressively monitor the
implementation of the ADA and subsequent amendments to ensure that all
Americans are granted access and equality under the law.
I commend the distinguished Majority Leader for his tireless work
over the last 20 years on behalf of Americans with disabilities, and I
urge my colleagues to support H. Res. 1504.
Ms. RICHARDSON. Mr. Speaker, I rise today in support of H. Res. 1504,
which recognizes and honors the 20th anniversary of the enactment of
the Americans with Disabilities Act. I am proud to co-sponsor H. Res.
1504, and I thank my colleague, Majority Leader Hoyer, for introducing
this legislation.
The Americans with Disabilities Act is truly a historic piece of
legislation. When it became law 20 years ago, it extended civil rights
to individuals with disabilities, and prohibited employers from
discriminating against qualified disabled persons. The Americans with
Disabilities Act also requires reasonable accommodations to be made to
workplaces so that they are more accessible to people with
disabilities.
The Americans with Disabilities Act has helped over 50,000,000
Americans lead fuller lives by removing barriers to employment,
transportation, public services, and telecommunications.
However, Mr. Speaker, this anniversary also serves as a reminder that
there is still work to be done. People with disabilities are twice as
likely to live in poverty and much more likely to be unemployed than
their able-bodied peers.
We must also continue to work on eliminating all discrimination in
the workplace. No qualified individual should be denied a job or a
promotion solely on the basis of sex, race, color, religion, national
origin, age, disability, or sexual orientation.
Mr. Speaker, I urge my colleagues to join me in supporting H. Res.
1504, and honoring the 20th anniversary of the Americans with
Disabilities Act.
Mr. NADLER of New York. Mr. Speaker, I rise in support of House
Resolution 1504, recognizing and honoring the 20th anniversary of the
enactment of the Americans with Disabilities Act of 1990.
Heralded at its signing in 1990 as an ``emancipation proclamation for
people with disabilities,'' the goals of the ADA are lofty and embody
core principles that have made this nation great--equality of
opportunity, independence, and integration.
Through broad non-discrimination directives aimed at employers,
government entities, and places of public accommodation--and
requirements of reasonable accommodation and modification that are
designed to dismantle architectural and societal barriers--the ADA has
transformed our world.
Some of those changes are visible--lifts on buses, elevators in
subway stations, power-assisted and wider doors, designated parking
spots, curb cuts, and closed-captioning. Others are not so visible, but
are powerfully important nonetheless.
These less-visible changes--the slow breakdown of disabling
stereotypes, myths, prejudice, and stigma--are also happening because
of the increased access and opportunity made possible by the ADA. As we
witness and benefit from the contributions of family members,
colleagues, and neighbors with disabilities, outdated and misguided
beliefs are challenged and changed.
While we still have a long way to go, our passage of the ADA
Amendments Act of 2008 is yet another mark of our progress on this
front. Through the ADA Amendments Act, we responded to the Supreme
Court's unduly narrow interpretation of the definition of
``disability'' and reaffirmed our commitment to focusing on abilities--
the ability to do a job, to participate in programs, services, or
activities, or to thrive in a community-based setting--rather than the
severity of our limitations.
Our collaboration on the ADA Amendments Act of 2008, which was passed
by an overwhelming majority of the House, illustrates an enduring
bipartisan commitment to achieving the full civil rights for Americans
with disabilities.
Thus, as House Resolution 1504 recognizes, we have much to celebrate
on this twentieth anniversary of the ADA's enactment. Yet as it also
reminds us, we have not reached the finish line, and much work remains.
We must continue working to end the unnecessary institutionalization
of people with disabilities. Just last week, the House Judiciary
Subcommittee on Constitution, Civil Rights, and Civil Liberties, which
I chair, heard testimony from Casandra Cox as part of our hearing to
commemorate the ADA's twentieth anniversary. Ms. Cox was placed in an
adult home following a short hospitalization. Despite her requests for
assistance in finding an appropriate community-based placement, Ms. Cox
remained in that home for nearly three years until she was able--
through persistence and good luck in being selected for a state pilot
program--to find a community-based placement where she has thrived.
The ADA's promise of integration and independence should not depend
on persistence or on luck.
More than 10 years ago, in Olmstead v. L. C., the Supreme Court
declared that unnecessary institutionalization violates the ADA and
that the states must ensure that individuals receive services in the
least restrictive setting possible. Yet thousands of individuals who
can and should receive services in community-based settings remain
warehoused in large institutions.
This remains true despite the fact that former residents are thriving
in supportive settings at costs that are lower than, or equal to, the
costs of institutional care.
Work to make public transit systems and brick and mortar structures
accessible also remains unfinished. Twenty years after the ADA required
readily achievable changes to existing structures and set out standards
for new buildings, many brick and mortar facilities remain
inaccessible. And while we have made great strides in our public
transit systems, significant gaps and ongoing problems remain.
Continued non-compliance with Titles II and III of the ADA is
inexcusable. While we should continue to pursue proposals that promote
voluntary compliance, like the Department of Justice's Project Civic
Access, we should rightly reject measures--like the ADA Notification
Act--that threaten the ADA's promise of access and integration.
Even as we press forward to ensure greater access to physical places,
and programs and services, we cannot lose sight of the need to ensure
that evolving technologies are also accessible. In the twenty years
since the ADA's passage, technology has revolutionized the way we work,
learn, shop, and socialize. While these advances ultimately may offer
individuals with disabilities unprecedented access and opportunities,
we have yet to see that full potential realized.
During a hearing in April focusing on access to emerging technology
as a civil rights issue under the ADA held by my Subcommittee, we urged
the Department of Justice to issue regulations and additional guidance
to achieve greater compliance with the ADA's equal access obligations
with regard to the internet and other evolving technologies.
Immediately following the Constitution Subcommittee's ADA Anniversary
hearing last week, where we once again pressed the Department of
Justice to issue clarifying regulations, the Department issued an
advanced notice of proposed rulemaking regarding website accessibility.
This is welcome news and will ensure that individuals with disabilities
are not left behind as greater numbers of businesses, schools, and
public entities rely upon this technology to communicate and to provide
goods and services to the public.
[[Page H5995]]
As we continue working on these and other challenges that lie ahead,
I urge you to join me in celebrating the progress that we have
achieved--and in affirming our enduring and bipartisan commitment to
achieving the ADA's full promise--by voting for passage of House
Resolution 1504.
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I rise today in
recognition of the 20th anniversary of the Americans with disabilities
Act and its mission to make this nation more inclusive of individuals
with disabilities.
Over the past 20 years we've made remarkable progress. From increased
availability of Braille to wheel chair accessibility in buildings and
roads, accommodations have been made to improve the ability of disabled
individuals to more easily function in the day-to-day tasks we take for
granted.
In addition to the physical assistance that the ADA offers, it sends
a larger message that individuals with disabilities make significant
contributions to our society. It was not that long ago that a
disability caused severe limits of career, education, housing and
lifestyle. Every American deserves the opportunity and accessibility to
succeed, and the ADA has made immense strides towards that goal.
However, we must recognize this anniversary as an opportunity to
continue those efforts. As our society advances in technology it also
provides new obstacles to many of those with disabilities. Technology
is remarkable, but we must ensure it is safe and accessible. As society
evolves so must the ADA.
Today as we celebrate our accomplishments we commit ourselves to a
bright future for the millions of disabled individuals who have been
assisted by the ADA. I strongly support H. Res. 1504 and urge its
passage.
Mr. VAN HOLLEN. Mr. Speaker, today we mark the 20th anniversary of
one of the most defining and effective civil rights law passed by
Congress--the Americans with Disabilities Act (ADA).
More than twenty years ago, Americans with disabilities were too
often denied the opportunity to fully participate and integrate into
our society due to intolerance and unfair stereotypes. Because of this
discrimination, they encountered lower employment rates, lower
graduation rates, and higher rates of poverty than people without
disabilities. With the ADA, new opportunities were open for millions of
Americans with disabilities by making essential services such as
housing, buildings, transportation, and other daily needs more
accessible. Individuals with disabilities were given an opportunity to
succeed in the workplace and in life.
Though we have made progress in improving access in all aspects of
life for Americans with disabilities, many continue to confront
barriers that inhibit them from fully participating in our society by
facing inequalities in education, transportation, housing and
technology. We must continue to work to ensure that individuals with
disabilities are not denied the opportunities that people without
disabilities enjoy. Just a few years ago, Congress passed legislation
in a bipartisan manner that restored the original intent of the ADA
after the Federal courts slowly chipped away at the broad protections
of the law.
The House is leading by example in honoring the ADA's mission of
inclusion and equal opportunity. Today, Representative Langevin is
presiding over the House floor due to recent modifications to the
Speaker's Rostrum that enables him and all future Members in
wheelchairs to do so. They haven't been able to do so in the past. I
congratulate Representative Langevin on this achievement and commend
his hard work in making this day happen.
Mr. Speaker, as we celebrate the anniversary of a law that has
transformed this country since 1990, let us recommit ourselves to
ensuring that all Americans with disabilities live as independent,
self-sufficient members of our society.
Ms. JACKSON LEE of Texas. Mr. Speaker. I rise today in strong support
of H. Res. 1504, ``Recognizing and honoring the 20th anniversary of the
enactment of the Americans with Disabilities Act of 1990'', introduced
by my distinguished colleague from Maryland, and Majority Leader,
Representative Hoyer.
The Americans with Disabilities Act of 1990 is one of the most
important pieces of civil rights legislation in the last few decades,
and has had overwhelmingly bipartisan support. It was implemented to
``provide a clear and comprehensive national mandate for the
elimination of discrimination against individuals with disabilities.''
It places an affirmative obligation on employers, government entities,
and places of public accommodation to ensure that people with
disabilities have an equal chance to participate in mainstream American
life, and that reasonable accommodations be made to remove barriers
that might prevent full participation in society by people with
disabilities.
In the twenty years since ADA's enactment, it has had an undeniable,
positive impact on the lives of disabled Americans. People in
wheelchairs now have access to places they could never go twenty years
ago, or only with great difficulty--movie theaters, restaurants,
clothing stores, and government buildings. Now, people who use service
animals to participate in regular daily life are allowed to bring them
where they previously couldn't. The disabled are no longer excluded
from places of business, mass transit, or schools.
Just as disabled Americans benefit directly from the improvements
that the ADA has made in our society, so have we all benefited. Before
the passage of the ADA, those Americans with disabilities were unable
to meet their full potential, due to the physical barriers to education
and employment. As they were denied the opportunity to participate in
society, we were all deprived of their contribution to our economy,
scholarship, research, and civic life. Today, we are better able to
benefit from the contribution of all Americans; there is no better
illustration than the fact that, today, Congressman Langevin presides
from his wheelchair--raised to the Speaker's rostrum by a mechanical
lift.
Last week, the Judiciary Subcommittee on the Constitution, Civil
Rights, and Civil Liberties held a hearing on the ADA. We heard from
our witnesses about the impact the ADA has had on their lives, some who
grew up with the ADA and its benefits, and others who had previously
been unaware of the ADA and found how important it was after a life-
changing event. The ADA has had a profound impact on American life, but
there is still more to do.
I join with Representatives Hoyer, Sensenbrenner, Langevin, and the
other cosponsors of this resolution in honor of the Americans with
Disabilities Act, and in their pledge to continue to improve the ADA
and its impact on the lives of disabled Americans. I urge my colleagues
to join me in that support.
Mr. JOHNSON of Georgia. Mr. Speaker, I rise today to support H. Res.
1504, in recognizing and honoring the 20th anniversary of the Americans
with Disabilities Act. The ADA is often described as the most sweeping
nondiscrimination legislation since the Civil Rights Act of 1964. I am
a proud cosponsor of this resolution and urge my colleagues to join me
in supporting this vital resolution.
On July 26, 1990, President George H. W. Bush signed the ADA into law
to ensure the civil rights of people with disabilities. This
legislation established a clear and comprehensive mandate for the
elimination of discrimination against individuals with disabilities.
The ADA provides broad protections in employment, public services,
public accommodations, services provided by private entities, and
transportation services for individuals with disabilities.
According to the 2009 U.S. Census Bureau statistics, approximately 50
million Americans have disabilities. In my home state of Georgia,
approximately one and a half million people have disabilities. On this
day, as we celebrate the 20 year anniversary of the ADA, it is
important to remember that all Americans--not just those with
disabilities--benefit from the passage of the ADA. Disabilities do not
discriminate on the basis of age, gender, race, religion, income, or
party lines.
This anniversary gives us time to reflect on the progress that has
been made since the ADA was enacted 20 years ago. I look forward to
continuing to work with my colleagues in the House to ensure that ADA's
purpose of providing equal opportunity, independent living, and full
participation in all aspects of society for Americans with disabilities
is fully realized. This resolution demonstrates the House's commitment
to upholding the civil rights of those living with disabilities.
I strongly support this resolution and urge my colleagues to do the
same.
Mr. ELLISON. Mr. Speaker, I rise today to celebrate the 20th
anniversary of the signing of the Americans with Disabilities Act
(ADA).
The ADA was a monumental achievement in the fight for equality for
every American living with a disability.
The ADA opened doors, literally and figuratively, for millions of
Americans who faced limited opportunities to travel, work and receive
an education.
It may be difficult for younger people to imagine the obstacles
endured by disabled Americans prior to the passage of the ADA, while it
did not eliminate the challenges of living with a disability; its
passage provided far greater access and renewed hope for millions.
I want to offer my sincere thanks to those who contributed to the
struggle for equal rights and equal access, a movement that ultimately
resulted in the passage of the ADA. The efforts of disability support
groups, non-profits, legislators and individuals across our Nation who
advocated for changes represent the best in America. Their success 20
years ago is a blueprint for improving lives today.
Just as it is important to celebrate the freedoms and rights that
our Nation offers, we must continue to advocate for the changes that
are needed. As a nation, we should be proud of the rights that we have
secured for our citizens, but never forget the struggle for those
rights. I am committed to continuing the fight for equality for all
Americans: with and without disabilities.
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Mr. PETRI. Mr. Speaker, I yield back the balance of my time.
Mr. POLIS. Mr. Speaker, again I would like to encourage my colleagues
to support this important step and march forward for civil rights in
our country, celebrating the work behind us and getting to work to
complete the task of ensuring that every American has access to the
great opportunities this country offers.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Colorado (Mr. Polis) that the House suspend the rules
and agree to the resolution, H. Res. 1504, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. POLIS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
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