KANSAS DEPARTMENT OF HUMAN RESOURCES COMMISSION ON DISABILITY CONCERNS 1430 S.W. Topeka Boulevard, Topeka, Kansas 66612-1877 913-296-1722 (Voice)- (13-296-5044(TDD)-561-1722(KANS-A-N) Mike Hayden, Governor July 3, 1990 Ray D. Siehndel, Secretary TO: Kansas Congressional Delegation FROM: Michael Lechner, Executive Director Subject: Action on the Americans with Disabilities Act (ADA) When Congress Takes up the ADA (S.933), Pleases support efforts to retain the bill in the Senate. If the house accepts the ADA Conference Committee Report first, it is extremely doubtful that the Senate will pass the ADA with the amendment that permits a private right of action for Senate employees. I believe the Senate will work to expedite a compromise which will reflect equal coverage for both legislative chambers without a private right of action. Also, please oppose any attempts to reinstate the Chapman amendment. Thank you. (Please see enclosed for additional information.) KANSAS DEPARTMENT OF HUMAN RESOURCES COMMISSION ON DISABILITY CONCERNS 1430 S.W. Topeka Boulevard, Topeka, Kansas 66612-1877 913-296-1722 (Voice)- (13-296-5044(TDD)-561-1722(KANS-A-N) Mike Hayden, Governor July 3, 1990 Ray D. Siehndel, Secretary TO: ADA Advocates FROM: Michael Lechner, Executive Director SUBJECT: ADA Killer Amendment I spoke to Senator Dole's office and recommended that the ADA be held back from the House in order that the coverage of the Senate and House under the Grassley amendment can be made equal through limited debate on the Senate floor. I intend to make that recommendation to the Kansas congressional delegation and the leadership of both chambers. I do not believe Dole is delaying the ADA as do advocates in Washington DC; I think he is saving it. Read the congressional record. If you do not have a copy, contact me at the address or phone # above. Whether intentional or not, the fact is the Grassley amendment will prove to be the “Killer Amendment” for the ADA. The private right of action for Senate staff was included in the coverage for the Senate, even though such a provision has NEVER been allowed by the Senate in its entire history. Can we seriously think that the Senate is willing to dump its sacrosanct -2/4 - immunity for a “bunch of gimps” when they have never afforded such protection to other, better organized, better financed and politically more powerful groups? (If so, would you like to buy a little seaside property in Utah?) Then, Orrin Hatch signed off on the conference committee report, complete with the Grassley amendment. After that, Hatch opposed the provision for the private right of action, claiming a staff member had misinformed him. He is now adamantly refusing to move the bill until some solution is worked out. Several questions arise out of this scenario: (1) Was Grassley really seeking to protect disabled employees of the Senate or was he grandstanding while sabotaging the ADA? (2) Did Orrin Hatch really sign onto the report without knowing what he was doing? [It worked for Reagan.] (3) Why doesn't the democrat Majority Leader George Mitchell, do something? Most Iowans know Grassley has a continuing feud with Tom Harkins. Both are Senators from Iowa. Grassley uses every opportunity to try to make Harkins look bad. I believe Grassley knew the effect of his amendment. He certainly knew that it was previously rejected when S. 933 was being considered in the Senate. Did he really expect the Senate to change its mind? -3/4- Did Hatch really sign off on the conference committee report without knowing what was in it? I think Hatch knew what he was doing. He's has been around long enough to know what he is signing, particularly if he was taking part in discussions on the ADA as a conference committee member. Further, despite his conservative bent, Hatch is a pretty smart cookie, as witnessed in his debates of other topics on "McNeil-Lehrer" for instance. By his action, he has placed Senator Dole in an untenable situation. Dole must either release the report to the house and, by so doing, guarantee bipartisan rejection of the ADA in the Senate if the house approves the conference report. Why isn't Mitchell doing something? Maybe he would if he weren't getting a free ride on this one. I would be interested in knowing if any of his constituents have contacted him to ask his position on the ADA conference committee report and the Grassley amendment. If he supports the report, then he should be moving the bill. I'll bet he's not. No senatorial majority, regardless of party affiliation, truly wants the private right of action. It's easier to blame the opposing party. -4/4- Regardless of this scenario's validity the effect will be the same: ADA becomes, not the Americans with Disabilities Act, just Another Dead Act. If this makes sense to you, I invite you to contact the leadership in both chambers and request the ADA be acted upon by the Senate first It is possible that Chapman will be again discussed, but it's easier for us to use our limited resources to defeat it again than to start over again. I assure you that Grassley will make that option our only other choice. \q