Statement of Honorable Steny H. Hoyer at Committee on Small Business Hearing on the Americans with Disabilities Act.

Transcription (Scripto)

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Extent (Dublin Core)

2 Pages

File Name (Dublin Core)

s-leg_554_001_011

Title (Dublin Core)

Statement of Honorable Steny H. Hoyer at Committee on Small Business Hearing on the Americans with Disabilities Act.

Description (Dublin Core)

Statement by Steny Hoyer on the effects of the Americans with Disabilities Act on small businesses. Hoyer was the Lead House Manager of the Americans with Disabilities Act.

Date (Dublin Core)

1990-02-22

Date Created (Dublin Core)

1990-02-22

Congress (Dublin Core)

101st (1989-1991)

Topics (Dublin Core)

See all items with this value Small business

See all items with this value People with disabilities

See all items with this value People with disabilities--Employment

Policy Area (Curation)

Civil Rights and Liberties, Minority Issues

Creator (Dublin Core)

Hoyer, Steny H. (Steny Hamilton), 1939-

Record Type (Dublin Core)

speech (document)

Names (Dublin Core)

See all items with this value Hoyer, Steny H. (Steny Hamilton), 1939-

See all items with this value United States. Americans with Disabilities Act of 1990

See all items with this value United States. Rehabilitation Act of 1973

See all items with this value United States. Civil Rights Act of 1964

Location representation (Dublin Core)

District of Columbia (national district)

Rights (Dublin Core)

http://rightsstatements.org/vocab/CNE/1.0/

Language (Dublin Core)

eng

Collection Finding Aid (Dublin Core)

https://dolearchivecollections.ku.edu/index.php?p=collections/findingaid&id=23&q=

Physical Location (Dublin Core)

Collection 003, Box 554, Folder 1

Institution (Dublin Core)

Robert J. Dole Institute of Politics, University of Kansas, Lawrence, KS

Archival Collection (Dublin Core)

Robert J. Dole Senate Papers-Legislative Relations, 1969-1996

Full Text (Extract Text)

STATEMENT OF THE HONORABLE STENY H. HOYER
FEBRUARY 22, 1990
COMMITTEE ON SMALL BUSINESS

THANK YOU, MR. CHAIRMAN. I APPRECIATE THE OPPORTUNITY TO APPEAR BRIEFLY BEFORE THE COMMITTEE TODAY AS THE LEAD HOUSE MANAGER OF THE AMERICANS WITH DISABILITIES ACT. AS MOST OF YOU ALREADY KNOW, THE AMERICANS WITH DISABILITIES ACT WAS ORIGINALLY INTRODUCED IN THE HOUSE IN THE 100TH CONGRESS AND AGAIN IN THIS CONGRESS BY TONY COELHO, THEN THE MAJORITY WHIP. UPON HIS RESIGNATION IN JUNE OF LAST YEAR, TONY ASKED ME TO COORDINATE THE PASSAGE OF THE ADA IN THE HOUSE. I HAVE TAKEN ON THAT ROLE BOTH FOR TONY, AND ON BEHALF OF THE DEMOCRATIC LEADERSHIP.

CLEARLY, SMALL BUSINESSES ARE THE BACKBONE OF OUR NATION. FOR MILLIONS OF AMERICANS, A SMALL BUSINESS IS EITHER THEIR LIVLIHOOD OR THEIR SOLE SOURCE OF FOOD, ENTERTAINMENT, EMPLOYMENT OR SERVICES. IT IS IMPORTANT TO ENSURE THAT THE ADA AND SMALL BUSINESSES ARE COMPATIBLE. THEREFORE, I AM PLEASED TO HAVE THE OPPORTUNITY TO DISCUSS THE MANY WAYS IN WHICH I BELIEVE WE HAVE WORKED TOWARDS THAT GOAL.

THE PURPOSE OF THE AMERICANS WITH DISABILITIES ACT IS TO EXTEND CIVIL RIGHTS PROTECTIONS TO PEOPLE WITH DISABILITIES IN EMPLOYMENT, PUBLIC AND PRIVATE TRANSPORTATION, PUBLIC ACCOMMODATIONS, STATE AND LOCAL GOVERNMENT AND TELECOMMUNICATIONS. THE ADA IS BASED ON THE RECOMMENDATIONS OF THE NATIONAL COUNCIL ON DISABILITY, WHICH WAS COMPRISED OF 18 INDIVIDUALS APPOINTED BY PRESIDENT RONALD REAGAN.

THE COUNCIL FOUND, AFTER EXTENSIVE AND EXHAUSTIVE STUDY AND REVIEW, THAT AMERICANS WITH DISABILITIES FACE DISCRIMINATION IN ALMOST EVERY ASPECT OF THEIR LIVES INCLUDING EMPLOYMENT, HOUSING TRANSPORTATION, COMMUNICATIONS AND RECREATION. AS A RESULT, PEOPLE WITH DISABILITIES ARE MORE LIKELY TO BE POOR, UNEMPLOYED, AND LESS LIKELY TO TRAVEL, OR ATTEND SPORT OR LEISURE ACTIVITIES. IN FACT, PEOPLE WITH DISABILITIES ARE NOT LIKELY TO PARTICIPATE IN THE MAINSTREAM ACTIVITIES OF AMERICAN LIFE.

THE COSTS OF THAT DISCRIMINATION ARE TREMENDOUS TO EVERY SINGLE AMERICAN. IN ADDITION TO THE LOSS OF THE PRODUCTIVE TALENTS AND CONTRIBUTIONS OF THESE AMERICANS, OUR NATION IS SPENDING ALMOST $170 BILLION ON MAINTAINING THE DEPENDENCY OF THE DISABLED. A STUDY BY RUTGERS UNIVERSITY SHOWED THAT THE FEDERAL GOVERNMENT ALONE SPENDS UP TO $75 BILLION ANNUALLY. THE NATIONAL COUNCIL ON THE HANDICAPPED STATES THAT CURRENT SPENDING ON DISABILITY BENEFITS AND PROGRAMS EXCEEDS $60 BILLION ANNUALLY.

YET, PEOPLE WITH DISABILITIES WANT TO WORK AND NOT BE DEPENDENT. ALTHOUGH TWO-THIRDS OF ALL DISABLED AMERICANS BETWEEN THE AGE OF 16 AND 64 ARE UNEMPLOYED, ACCORDING TO A RECENT LOU HARRIS POLL, SIXTY-SIX PERCENT OF THE NON-WORKING DISABLED AMERICANS SAY THEY WANT TO WORK. FURTHERMORE, EIGHTY-TWO PERCENT OF PEOPLE WITH DISABILITIES SAID THEY WOULD RELINQUISH THEIR GOVERNMENT BENEFITS IN FAVOR OF A FULL-TIME JOB.

THE SENATE APPROVED THE AMERICANS WITH DISABILITIES ACT ON SEPTEMBER 7 BY A VOTE OF 76-8. THE ACT AS APPROVED BY THE SENATE IS A FAR DIFFERENT BILL THAN THE BILL ORIGINALLY INTRODUCED. THE BILL THAT PASSED THE SENATE, WITH THE ENDORSEMENT AND ASSISTANCE OF PRESIDENT GEORGE BUSH, IS A RESULT OF LONG NEGOTIATIONS BETWEEN THE SENATE, THE WHITE HOUSE, THE BUSINESS COMMUNITY AND THE DISABILITY COMMUNITY. AS A RESULT, THE BILL IS A CAREFULLY CONSTRUCTED COMPROMISE WHICH PROVIDES CIVIL RIGHTS PROTECTIONS TO THE DISABLED WHILE RECOGNIZING THE LEGITIMATE NEEDS AND CONCERNS OF AMERICAN BUSINESSES. THE IMPORTANT AND UNIQUE NEEDS OF SMALL BUSINESSES ARE PARTICULARLY RECOGNIZED THROUGHOUT EVERY MAJOR PROVISION OF THE LEGISLATION.

MORE RECENTLY, THE HOUSE EDUCATION AND LABOR COMMITTEE MARKED-UP THE ADA AND APPROVED THE BILL BY A UNANIMOUS VOTE OF 35-0. THE MEASURE APPROVED BY THE EDUCATION AND LABOR COMMITTEE IS ESSENTIALLY THE BILL AS APPROVED BY THE SENATE BUT WITH A NUMBER OF MODIFICATIONS AND CLARIFICATIONS THAT WERE NEGOTIATED WITH CONGRESSMAN STEVE BARTLETT AND CONGRESSMAN STEVE GUNDERSON. THE RESULTS OF THESE NEGOTIATIONS WERE OFFERED AS A SUBSTITUTE AMENDMENT TO H.R. 2273 AND ADOPTED BY THE COMMITTEE.

THESE NEGOTIATIONS AND THEIR OUTCOME WERE THE RESULT OF MANY LONG MEETINGS THAT WERE HELD WITH MEMBERS OF THE BUSINESS COMMUNITY IN ORDER TO RESPOND TO THEIR CONCERNS AND TO ENSURE THAT THE ADA IS A COMPREHENSIVE AND EFFECTIVE BILL. I WANT TO ALLAY MY COLLEAGUES OF ANY CONCERNS OR MISUNDERSTANDINGS THEY MAY HAVE, IN MY CONSIDERATION THE EDUCATION AND LABOR BILL IS THE OPERATIVE BILL, NOT THE ORIGINAL HOUSE BILL.

YOU WILL HAVE MANY MORE EXPERT WITNESSES THAN I BEFORE YOU TODAY WHO WILL LIKELY DISCUSS THE CHANGES MADE IN THE ADA FROM THE BILL AS ORIGINALLY INTRODUCED. I WOULD LIKE TO JUST BRIEFLY DISCUSS THE CHANGES IN THE SENATE AND OUR FURTHER MODIFICATIONS IN EDUCATION AND LABOR.

AS YOU KNOW, THE ADA PARALLELS CURRENT FEDERAL CIVIL RIGHTS LAW AS MUCH AS POSSIBLE. FIRST, THE ADA BUILDS ON THE SUCCESSFUL FEDERAL ANTI-DISCRIMINATION MEASURE, SECTIONS 503 AND 504 OF THE REHABILITATION ACT OF 1973, WHICH PROHIBIT DISCRIMINATION ON THE BASIS OF DISABILITY BY CONTRACTORS OR RECIPIENTS OF FEDERAL FUNDS. ALSO, IN MANY RESPECTS, INCLUDING SMALL BUSINESS ACCOMMODATION AND REMEDIES, THE ADA PARALLELS THE CIVIL RIGHTS ACT OF 1964. THUS, THE EMPLOYMENT PROVISIONS OF THE BILL DO NOT FULLY GO INTO EFFECT UNTIL FOUR YEARS AFTER THE DATE OF ENACTMENT AND CONTAIN AN EXEMPTION FOR EMPLOYERS WITH FIRST 25 AND THEN 15 EMPLOYEES. AND, BY REFERENCING THE CIVIL RIGHTS ACT OF 1964, THE ADA PROVIDES THAT AN INDIVIDUAL CAN ONLY SEEK ADMINISTRATIVE RELIEF THROUGH THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION OR INJUNCTIVE RELIEF FROM A COURT. NO OTHER REMEDY IS AVAILABLE AND DAMAGES CANNOT BE SOUGHT.

FURTHERMORE, LIKE THE REHABILITATION ACT, A BUSINESS IS REQUIRED TO MAKE A REASONABLE ACCOMMODATION TO A QUALIFIED INDIVIDUAL WITH A DISABILITY UNLESS IT WOULD CAUSE THE BUSINESS AN UNDUE HARDSHIP.

UNDUE HARDSHIP IS A TERM WHICH HAS BEEN USED FOR 15 YEARS UNDER THE REHABILITATION ACT AND IS SPECIFICALLY DESIGNED TO ADDRESS THE CONCERNS OF SMALL BUSINESS. THE STANDARD SPECIFICALLY TAKES INTO ACCOUNT THE SIZE OF THE BUSINESS, ITS BUDGET, AND THE TYPE OF BUSINESS.

OTHER LANGUAGE INCLUDED IN THE EDUCATION AND LABOR BILL CLARIFIES THAT CURRENT USERS OF ILLEGAL DRUGS HAVE NO PROTECTIONS UNDER THE ADA. THE TECHNICAL ASSISTANCE AMENDMENT WHICH WAS ADOPTED IN THE SENATE WAS FURTHER EXPANDED TO REQUIRE THE DEVELOPMENT AND DISSEMINATION OF TECHNICAL ASSISTANCE MANUALS FOR THOSE WHO HAVE RIGHTS AND RESPONSIBILITIES UNDER THE ACT.

THE GOAL OF THE PUBLIC ACCOMMODATIONS SECTION OF THE ADA, WHICH IS PATTERNED AFTER TITLE II OF THE CIVIL RIGHTS ACT, WILL ENSURE THAT PEOPLE WITH DISABILITIES CAN GAIN ACCESS TO PUBLIC PLACES. BOTH THE SENATE BILL AND THE EDUCATION AND LABOR VERSION CONTAIN ADDITIONAL PROVISIONS TO ACCOMMODATE THE NEEDS OF A SMALL BUSINESS SO THAT IT WILL NOT BE OVERLY BURDENED BY THIS ACT.

AS YOU MAY KNOW, THE BILL DOES NOT REQUIRE RETROFITTING Of EXISTING FACILITIES. AN EXISTING FACILITY MUST BE MADE ACCESSIBLE ONLY IF IT IS READILY ACHIEVABLE TO DO SO. THIS IS A LOWER STANDARD THEN ANY OTHER STANDARD IN CURRENT LAW OR IN THE ACT. READILY ACHIEVABLE IS DEFINED AS EASILY ACCOMPLISHABLE WITHOUT MUCH DIFFICULTY OR EXPENSE. THE NEW CONSTRUCTION AND RENOVATION REQUIREMENTS OF THE LEGISLATION INCLUDE AN ELEVATOR EXEMPTION FOR SMALL BUILDINGS. ALSO, AS PART OF THE NEGOTIATIONS IN EDUCATION AND LABOR, LANGUAGE WAS ADOPTED FROM THE 1964 CIVIL RIGHTS ACT TO CLARIFY THE STANDARDS FOR ANTICIPATORY DISCRIMINATION. THIS STATES THAT THERE MUST BE "REASONABLE GROUNDS" TO BELIEVE THAT ONE IS ABOUT TO BE DISCRIMINATED AGAINST IN A PUBLIC SERVICE.

THE ADA ALSO INCORPORATES THE TITLE II REMEDIES OF THE CIVIL RIGHTS ACT OF 1964. THUS, AN INDIVIDUAL CAN ONLY SEEK INJUNCTIVE RELIEF FROM A JUDGE. THEN, SIMILAR TO OTHER CIVIL RIGHTS LAWS, ONLY THE ATTORNEY GENERAL HAS THE RIGHT TO BRING PATTERN AND PRACTICE CASES. IF THE JUDGE DETERMINES IT IS NECESSARY TO VINDICATE THE PUBLIC INTEREST, THEN, AND ONLY THEN, CAN A CIVIL PENALTY BE ASSESSED. WHILE I BELIVE THAT IT IS UNLIKELY THAT AN ATTORNEY GENERAL WILL BRING A PATTERN AND PRACTICE CASE AGAINST A SMALL BUSINESS, YOU WILL BE INTERESTED TO KNOW THAT LANGUAGE WAS ADDED IN EDUCATION AND LABOR TO CLARIFY THAT THE FIRST AND SECOND VIOLATION REFER TO COMPLETELY DIFFERENT ACTIONS, NOT MULTIPLE VIOLATIONS IN ONE CASE. FURTHERMORE, ADDITIONAL LANGUAGE WAS ADDED TO FLATLY AND CLEARLY STATE THAT MONETARY DAMAGES DO NOT INCLUDE PUNITIVE DAMAGES. FURTHERMORE, THE EDUCATION AND LABOR VERSION EXPANDS ON THE SENATE PROVISION REGARDING GOOD FAITH EFFORTS TO COMPLY WITH THE LAW WHEN ASSESSING CIVIL DAMAGES. THE BILL NOW REQUIRES THAT THE COURT CONSIDER WHETHER AN ENTITY COULD HAVE REASONABLY ANTICIPATED THE NEED FOR AN APPROPRIATE TYPE OF AUXILIARY AID NEED TO ACCOMMODATE THE PARTICULAR NEEDS OF AN INDIVIDUAL WITH A DISABILITY.

THERE WERE A NUMBER OF OTHER MODIFICATIONS MADE TO THE ADA, REGARDING HISTORIC PROPERTIES, RENOVATIONS AND INTERIM ACCESSIBILITY STANDARDS. ALSO, INCLUDED IS A PROVISION WHICH DIRECTS THE ADMINISTRATIVE AGENCIES TO DEVELOP PROCEDURES AND COORDINATING MECHANISMS TO ENSURE THAT ADA AND REHABILITATION ACT OF 1973 ADMINISTRATIVE COMPLAINTS ARE HANDLED WITHOUT DUPLICATION OR INCONSISTENT, CONFLICTING STANDARDS.

THE ADA AS APPROVED BY THE SENATE APPROPRIATELY RESPONDED TO A NUMBER OF CONCERNS RAISED BY MANY INTERESTED PARTIES. THE BILL AS APPROVED BY EDUCATION AND LABOR FURTHER REFLECTS THE COMMITMENT OF THE SPONSORS OF THE LEGISLATION TO ENACTING A CAREFULLY CRAFTED, EFFECTIVE CIVIL RIGHTS BILL. I BELIEVE THE ATTORNEY GENERAL OF THE UNITED STATES, DICK THORNBURGH, PERHAPS BEST SUMMARIZED THE ADA IN HIS TESTIMONY BEFORE THE HOUSE JUDICIARY COMMITTEE,

"IT BUILDS ON AN EXTENSIVE BODY OF STATUTES, CASE LAW AND REGULATIONS TO AVOID UNNECESSARY CONFUSION; IT ALLOWS MAXIMUM FLEXIBILITY FOR COMPLIANCE; AND IT DOES NOT PLACE UNDUE BURDENS ON AMERICANS WHO MUST COMPLY."

MR. CHAIRMAN, THE AMERICANS WITH DISABILITIES ACT IS ONE OF THE MOST IMPORTANT BILLS BEFORE THE 101ST CONGRESS. OUR NATION WAS FOUNDED ON THE FUNDAMENTAL PRINCIPLE THAT ALL AMERICANS SHOULD HAVE AN EQUAL OPPORTUNITY TO LIVE IN OUR SOCIETY AND TO LIVE PRODUCTIVE LIVES. IF AN INDIVIDUAL CHOOSES NOT TO MAKE THE MOST OF HIS OR HER OWN TALENTS, THEN SO BE IT. BUT IN AMERICA, ONE MUST NOT BE DENIED AN OPPORTUNITY BECAUSE OF IGNORANCE OR PREJUDICE.

BUT FOR FAR TOO MANY AMERICANS WITH DISABILITIES, THE COURSE OF THEIR LIVES HAS BEEN DICTATED AND DEFINED NOT BY THEIR TALENTS, DREAMS OR DESIRES, BUT BY THEIR DISABILITY. UNNECESSARY ATTITUDINAL AND PHYSICAL BARRIERS HAVE MADE THE WORDS EQUAL OPPORTUNITY RING HOLLOW FOR 43 MILLION AMERICANS WITH DISABILITIES.

THE ADA WILL ENSURE THAT THE DOORS OF OPPORTUNITY ARE TRULY ACCESSIBLE FOR ALL AMERICANS. WHILE I CANNOT STAY FOR THIS MORNING’S ENTIRE HEARING, I LOOK FORWARD TO REVIEWING THE TESTIMONY. AS ALWAYS, I AM AVAILABLE TO DISCUSS THESE ISSUES AT ANY TIME. THANK YOU AGAIN FOR THE OPPORTUNITY TO MAKE THESE BRIEF REMARKS.

Statement of Honorable Steny H. Hoyer at Committee on Small Business Hearing on the Americans with Disabilities Act.

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