Kansas Department of Human Resources [KDHR logo] FACSIMILE COVER SHEET KANSAS DEPARTMENT OF HUMAN RESOURCES FROM: Ks. Commission on Disability Concerns 1430 S. Topeka Topeka KS 66612-1877 FAX#: (913) 296-4065 COST CENTER#: 5500 TO: Sen. Dole’s Office ADDRESS: ATTN: Mo West PHONE: FAX#: 202-224-8952 COMMENTS: DATE: 7.3 TIME:1:55 NUMBER OF PAGES: COVER SHEET + 5 CONFIDENTIAL: YES or NO [no is circled] CALL WHEN RECEIVED: YES or NO [no is circled] [Page 1] KANSAS DEPARTMENT OF HUMAN RESOURCES [KDHR logo] COMMISSION ON DISABILTY COCERNS 1430 S.W. Topeka-Boulevard, Topeka, Kansas 66612-1877 913-296-1722 (Voice) 913-296-5044 (TDD) 561-1722(KANS-A-N) Mike Hayden, Governor Ray D. Siehndel, Secretary July 3, 1990 ADA ALERT: UPDATE Due to information recently brought to light by contacts in Washington DC, the message to congressional representatives & senators should be, “Hold the ADA in the Senate in order to work out the Grassley Amendment; continue to oppose Chapman!” If the House passes the ADA with Grassley first, it is doomed in the Senate. [See enclosure which was sent to our two electronic mail networks.] [Page 2] KANSAS DEPARTMENT OF HUMAN RESOURCES [KDHR logo] COMMISSION ON DISABILTY COCERNS 1430 S.W. Topeka-Boulevard, Topeka, Kansas 66612-1877 913-296-1722 (Voice) 913-296-5044 (TDD) 561-1722(KANS-A-N) Mike Hayden, Governor Ray D. Siehndel, Secretary July 3, 1990 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 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 [Page 3] -2/4- Iimmunity 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, Orrion 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 Orrion Hatch really sign onto the report without knowing what he was doing? [It worked for Regan.] (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 Senator 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 in the Senate. Did he really expect the Senate to change its mind? [Page 4] -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 on 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 in “McNeil-Lehere” 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 we 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. [Page 5] -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 defeat it again than to start over again. I assure you that Grassley will make that option our only other choice. \q [Page 6]