[Congressional Record Volume 159, Number 181 (Thursday, December 19, 2013)]
[Senate]
[Pages S9061-S9062]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HARKIN:
  S. 1864. A bill to require a demonstration program on the accession 
as Air Force officers of candidates with auditory impairments; to the 
Committee on Armed Services.
  Mr. HARKIN. Mr. President, ensuring equal opportunities and equal 
rights for individuals with disabilities has been one of my highest 
priorities during my time in Congress. As the lead Senate sponsor of 
the Americans with Disabilities Act, I still remember the day that 
legislation was signed into law, July 26, 1990, as one of the proudest 
days of my legislative career.
  The Americans with Disabilities Act is one of the landmark civil 
rights laws of the 20th century--a long overdue emancipation 
proclamation for Americans with disabilities. The ADA has played a huge 
role in making our country more accessible and more inclusive, in 
raising the expectations of people with disabilities about what they 
can hope to achieve at work and in life, and in inspiring Americans to 
view disability issues through the lens of equality and opportunity.
  Before the ADA, life was very different for people with disabilities 
in Iowa and across the country. Being an American with a disability 
meant not being able to ride on a bus because there was no lift, not 
being able to attend a concert or ballgame because there was no 
accessible seating, and not being able to cross the street in a 
wheelchair because there were no curb cuts. In short, it meant not 
being able to work or participate in community life. Discrimination was 
both commonplace and accepted.
  Since then, we have made amazing progress. The ADA literally 
transformed the American landscape by requiring that architectural and 
communications barriers be removed and replaced with accessible 
features such as ramps, lifts, curb cuts, widening doorways, and closed 
captioning. More importantly, the ADA gave millions of Americans the 
opportunity to participate in their communities.
  The ADA stands for a simple, universal proposition--that disability 
is a natural part of the human experience and that all people with 
disabilities have a right to make choices, pursue meaningful careers, 
and participate fully in all aspects of society.
  One of the four great goals of the ADA is to assure equality of 
opportunity. The opportunity for an individual to be judged based on 
his or her talents, skills, and abilities rather than stigmatizing 
labels; to be included with non-disabled peers; and ultimately, the 
opportunity to be successful. That is the minimum that any individual 
with a disability should expect, and it is our responsibility to make 
that happen.
  More than two years ago I met Keith Nolan, a young man who is deaf 
and whose life goal is to be a military officer. Keith enrolled in and 
completed the first two levels of Army ROTC in California.
  As a ROTC cadet Keith participated in all classes, labs, and physical 
training. He had interpreters provided by his school program for 
classes and training, but not for physical training which he did 
without an interpreter. Still, he participated fully in a Fall Field 
Training Exercise where the cadets spent a weekend working on tactics. 
He also earned a German Army Forces Badge for Military Proficiency 
becoming the only cadet in his squad to get the highest decoration. 
Overall, he excelled in the ROTC program.
  However, Keith was not allowed to continue in ROTC due to Department 
of Defense rules that exclude individuals who are deaf or hard of 
hearing. Keith has a master's degree, and if not for Department of 
Defense rules excluding individuals who are deaf, would have qualified 
for Officer Candidate School.

[[Page S9062]]

  My experience with Keith, as well as my long-standing advocacy to 
provide to persons with disabilities the same rights as every other 
American, have convinced me that individuals with disabilities can 
meaningfully contribute to our Armed Forces and should have the 
opportunity to do so.
  I know that there is some hesitation among the service branches in 
having individuals who are deaf or hard of hearing serve in the active 
military. But I know, just as we have found under the ADA for the last 
23 years, people with disabilities can accomplish great things if they 
are provided with the same opportunities the rest of us take for 
granted. Keith Nolan is one exceptional young man, the kind the 
military would be proud to have among its ranks and I bet there are 
probably a few other Keith Nolans out there eager to serve.
  That is why today, on the day the Senate considers the National 
Defense Authorization Act, I am introducing legislation which would 
create a small demonstration program for 15-20 highly intelligent, deaf 
and hard of hearing men and women, in top physical condition, to enter 
the Air Force's Basic Officer Training course or the Commissioned 
Officer Training course at Maxwell AFB. The individuals who participate 
in this demonstration program will meet all the essential 
qualifications for accession as an officer in the Air Force--except for 
the one related to having a hearing impairment.
  I had filed this legislation as an amendment to the Defense 
Authorization bill; unfortunately, because that amendment process was 
cut short, I was not able to have it considered. But I am filing this 
legislation today to make clear that I intend to press forward in this 
effort to create a demonstration program.
  If this program is successful, as I believe it will be, then we will 
have created an opportunity for talented individuals like Keith Nolan 
in the military. We will have reiterated our commitment to equal 
opportunity for all Americans, including people with disabilities.
  I hope my fellow Members will join me as cosponsors of this small, 
but important, demonstration program.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1864

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. DEMONSTRATION PROGRAM ON ACCESSION OF CANDIDATES 
                   WITH AUDITORY IMPAIRMENTS AS AIR FORCE 
                   OFFICERS.

       (a) Demonstration Program Required.--Beginning not later 
     than 90 days after the date of the enactment of this Act, the 
     Secretary of the Air Force shall carry out a demonstration 
     program to assess the feasibility and advisability of 
     permitting individuals with auditory impairments (including 
     deafness) to access as officers of the Air Force.
       (b) Candidates.--
       (1) Number of candidates.--The total number of individuals 
     with auditory impairments who may participate in the 
     demonstration program shall be not fewer than 15 individuals 
     or more than 20 individuals.
       (2) Mix and range of auditory impairments.--The individuals 
     who participate in the demonstration program shall include 
     individuals who are deaf and individuals who have a range of 
     other auditory impairments.
       (3) Qualification for accession.--Any individual who is 
     chosen to participate in the demonstration program shall meet 
     all essential qualifications for accession as an officer in 
     the Air Force, other than those related to having an auditory 
     impairment.
       (c) Selection of Participants.--
       (1) In general.--The Secretary of the Air Force shall--
       (A) publicize the demonstration program nationally, 
     including to individuals who have auditory impairments and 
     would be otherwise qualified for officer training;
       (B) create a process whereby interested individuals can 
     apply for the demonstration program; and
       (C) select the participants for the demonstration program, 
     from among the pool of applicants, based on the criteria in 
     subsection (b).
       (2) No prior service as air force officers.--Participants 
     selected for the demonstration program shall be individuals 
     who have not previously served as officers in the Air Force.
       (d) Basic Officer Training.--
       (1) In general.--The participants in the demonstration 
     program shall undergo, at the election of the Secretary of 
     the Air Force, the Basic Officer Training course or the 
     Commissioned Officer Training course at Maxwell Air Force 
     Base, Alabama.
       (2) Number of participants.--Once individuals begin 
     participating in the demonstration program, each Basic 
     Officer Training course or Commissioned Officer Training 
     course at Maxwell Air Force Base, Alabama, shall include not 
     fewer than 4, or more than 6, participants in the 
     demonstration program until all participants have completed 
     such training.
       (3) Auxiliary aids and services.--The Secretary of Defense 
     shall ensure that participants in the demonstration program 
     have the necessary auxiliary aids and services (as that term 
     is defined in section 4 of the Americans With Disabilities 
     Act of 1990 (42 U.S.C. 12103)) in order to fully participate 
     in the demonstration program.
       (e) Coordination.--
       (1) Special advisor.--The Secretary of the Air Force shall 
     designate a special advisor to the demonstration program to 
     act as a resource for participants in the demonstration 
     program, as well as a liaison between participants in the 
     demonstration program and those providing the officer 
     training.
       (2) Qualifications.--The special advisor shall be a member 
     of the Armed Forces on active duty--
       (A) who--
       (i) if a commissioned officer, shall be in grade O-3 or 
     higher; or
       (ii) if an enlisted member, shall be in grade E-5 or 
     higher; and
       (B) who is knowledgeable about issues involving, and 
     accommodations for, individuals with auditory impairments 
     (including deafness).
       (3) Responsibilities.--The special advisor shall be 
     responsible for facilitating the officer training for 
     participants in the demonstration program, intervening and 
     resolving issues and accommodations during the training, and 
     such other duties as the Secretary of the Air Force may 
     assign to facilitate the success of the demonstration program 
     and participants.
       (f) Report.--Not later than two years after the date of the 
     enactment of this Act, the Secretary of the Air Force shall 
     submit to the appropriate committees of Congress a report on 
     the demonstration program. The report shall include the 
     following:
       (1) A description of the demonstration program and the 
     participants in the demonstration program.
       (2) The outcome of the demonstration program, including--
       (A) the number of participants in the demonstration program 
     that successfully completed the Basic Officer Training course 
     or the Commissioned Officer Training course;
       (B) the number of participants in the demonstration program 
     that were recommended for continued military service;
       (C) the issues that were encountered during the program; 
     and
       (D) such recommendation for modifications to the 
     demonstration program as the Secretary considers appropriate 
     to increase further inclusion of individuals with auditory 
     disabilities serving as officers in the Air Force or other 
     Armed Forces.
       (3) Such recommendations for legislative or administrative 
     action as the Secretary considers appropriate in light of the 
     demonstration program.
       (g) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Health, Education, Labor, and Pensions, and the Committee on 
     Appropriations of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Appropriations of the House of Representatives.
                                 ______