July 26, 2000 CONGRESSIONAL RECORD — SENATE S7637 1967–70, in which perhaps one million people 11. Believing that the people of Serbia Organization and other non-governmental died. And it was what drives him in Kosovo. share the right of all peope to enjoy life organizations to actively promote respect for Mr. Kouchner, now 60, holds to the healing under democratic institutions; human rights and the rule of law; power of time. He points to the reconcili- 12. Viewing democratic development 26. Urges participating States to provide ation now of Germany and Israel, and of throughout Serbia and Montenegro as essen- sufficient numbers of civilian police to those France and Germany. tial to long-term stability in the region, in- international policing efforts deployed in ‘‘Working with Klaus Reinhardt is a good cluding the implementation of agreements conjunction with peacekeeping efforts in memory,’’ he said. ‘‘He called me his twin regarding Bosnia and Herzegovina and post-conflict situations such as Kosovo; brother.’’ They both came of age in the Eu- Kosovo; 27. Calls upon the international commu- rope of 1968. ‘‘I’m a Frenchman and he’s a 13. Noting that the regime of Slobodan nity to target assistance programmes to help German,’’ and 50 years ago, he said, ‘‘no one Milosevic has been engaged in a planned ef- those persons returning to their original could imagine this.’’ fort both to repress independent media, and homes have the personal security and eco- ‘‘It’s much easier to make war than to crush political opposition, in Serbia, nomic opportunity to remain; peace,’’ Mr. Kouchner said. ‘‘To make peace through the use of unwarranted fines, ar- 28. Calls upon the participating States to takes generations, a deep movement and a rests, detentions, seizures, blackouts, jam- organize, including through the OSCE and change of the spirit.’’ He smiled, looked ming, and possibly assassination attempts, its Office for Democratic Institutions and away. ‘‘It’s why I sometimes want to believe and also engaged in an effort to stop student Human Rights (ODIHR) programmes that in God.’’ and other independent movements; can assist and promote democratic change in EXHIBIT NO. 3 14. Recognizing the importance of the Sta- Serbia, and protect it in Montenegro; and bility Pact to the long-term prosperity, 29. Reiterates its condemnation of any ef- RESOLUTION ON SOUTHEASTERN EUROPE peace and stability of southeastern Europe; fort to provide persons indicted by the Inter- The OSCE Parliamentary Assembly, 15. Supporting OSCE Missions throughout national Criminal Tribunal for the Former 1. Recalling that conflicts in the former the region in their efforts to ensure peace, Yugoslavia, and its support for sanctioning Yugoslavia since 1991 have been marked by security and the construction of civil soci- any State which provides such persons with open aggression and assaults on innocent ci- ety; and any form of protection from arrest. vilian populations, have been largely insti- 16. Recalling the legally binding obligation The PRESIDING OFFICER. The Sen- gated and carried out by the regime of of States to cooperate fully with the Inter- ator from Iowa. Slobodan Milosevic and its supporters, and national Criminal Tribunal for the former have caused the deaths of hundreds of thou- Yugoslavia, contained in UN Security Coun- f sands of people; the rape, illegal detention cil Resolution 827 or 25 May 1993, including TENTH ANNIVERSARY OF AMERI- and torture of tens of thousands; the forced the apprehension of indicted persons present CANS WITH DISABILITIES ACT displacement of millions; and the destruc- on their territory and the prompt surrender tion of property on a massive scale, includ- of such person to the Tribunal; Mr. HARKIN. Mr. President, I ask ing places of worship; 17. Insists that all parties in the region the indulgence of the Senate to do 2. Viewing the overall rate of return of ref- make the utmost effort to ensure the safe re- something that I did 10 years ago; that ugees and displaced persons throughout the turn and resettlement of all displaced per- is, to recognize the 10th anniversary of region to their original, pe-conflict homes, sons and refugees, regardless of ethnicity, re- the Americans with Disabilities Act by especially where these persons belong to a ligious belief or political orientation, and to doing what I did on the floor 10 years minority ethnic population, has been unac- work towards reconciliation between all sec- ceptably low; tions of society; ago. I will do a little bit of sign lan- 3. Reaffirming the necessity of fulfilling in 18. Encourages members of all ethnic guage with respect to that. good faith UNSC resolution 1244 for the set- groups in southeastern Europe, especially in (Signing.) tlement of the situation in Kosovo, Federal Kosovo, Bosnia and Serbia, to respect human Mr. President, what I just said in Republic of Yugoslavia; rights and the rule of law; sign language was that 10 years ago I 4. Condemning the continuing violence in 19. Reiterates its call upon all authorities stood on the floor of the Senate and Kosovo against members of the Serb and of the Federal Republic of Yugoslavia, in ac- spoke in sign language when we passed other minority communities, including hun- cordance with international humanitarian the Americans with Disabilities Act. dreds of incidents of arson and damaged or law, to continue to provide for the ICRC on- The reason I did that was because my destroyed Serbian Orthodox church sites, going access to all ethnic Albanians kept in and dozens of aggravated assaults and mur- prisons in Serbia, to ensure the humane brother Frank was my inspiration for ders; treatment of such prisoners, and to arrange all of my work here in Congress on dis- 5. Reaffirming the commitment to the sov- for the release of prisoners held without ability law. ereignty and territorial integrity of the Fed- charge; That was the reason that I became eral Republic of Yugoslavia, as stipulated by 20. Encourages the newly elected leader- the chief sponsor of the Americans UNSC resolution 1244; ship of Croatia to continue their efforts to With Disabilities Act. I further said 6. Noting that the OSCE and the United reform and modernize their country in a that I was sorry to say that my brother Nations High Commissioner for Refugees manner that reflects a commitment to passed away last month. Over the last (UNHCR) have jointly reported that a lack of human rights, the rule of law, democracy security, freedom of movement, language and a market-based economy; 10 years, he always said me that he was policy, access to health care and access to 21. Condemns the repressive measures sorry the ADA was not there for him education, social welfare services and public taken by the regime of Slobodan Milosevic when he was growing up, but that he utilities are devastating the minority com- to suppress free media, to stop student and was happy that it was here now for munities of Kosovo; other independent movements, and to in- young people so they would have a bet- 7. Expressing concern for the situation of timidate political opposition in Serbia, all in ter future. Mr. President, we do cele- missing Albanians, Serbs and people of other blatant violation of OSCE norms; brate today the tenth anniversary of nationalities in Kosovo and for ethnic Alba- 22. Urges the regime of Slobodan Milosevic nians kept in prisons in Serbia; to immediately cease its repressive measures the Americans With Disabilities Act, 8. Noting that reports indicate that hun- and to allow free and fair elections to be held which has taken its place as one of the dreds, and perhaps thousands, of ethnic Alba- at all levels of government throughout Ser- greatest civil rights laws in our his- nians, transferred from Kosovo to jails in bia and monitored by the international com- tory. Serbia proper around the time of the entry of munity; When you think about it, ten years international forces into Kosovo, have not 23. Calls upon Slobodan Milosevic to re- ago, on July 25, 1990, a person with a been released in the year since, that several spect human rights and other international disability saw an ad in the paper for a have received harsh sentences in show trials, norms of behaviour in Montenegro; job for which that person was qualified, and that problems regarding access to and 24. Calls upon the international commu- treatment of such prisoners continue; nity to fully implement the Stability Pact, and went down to the business to inter- 9. Recalling that the people and govern- under OSCE auspices, in an effort to inte- view for the job. The prospective em- ments of the former Yugoslav Republic of grate the nations of South-Eastern Europe ployer could look at that person and Macedonia and Slovenia have positive into the broader European community, and say: we don’t hire people like you, get records of respect for the rights of persons to strengthen those countries in their efforts out of here. On July 25, 1990, that per- belonging jto national minorities, the rule of to foster peace, democracy, respect for son was alone. The courthouse door law and democratic traditions since inde- human rights and economic prosperity, in was closed. There was no recourse for pendence; order to achieve stability in the whole re- that person because there was no ban 10. Welcoming the commitment of the gion; newly elected leadership of Croatia to 25. Encourages all representatives of the on discrimination because of disability. progress regarding respect for human rights, international community operating in south- We banned it on the basis of race, sex, refugee returns and the elimination of cor- eastern Europe, including the OSCE, the religion, national origin, but not dis- ruption; United Nations, the North Atlantic Treaty ability. So on July 25, 1990, a person

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7638 CONGRESSIONAL RECORD — SENATE July 26, 2000 with a disability held the short end of Frank that night, because in 10 years spouse and your wheelchair. Oh, the joy of the stick. of working there he had not missed one now knowing there are rest areas where we But one day later, on July 26, 1990, day of work and hadn’t been late once. can stop, enter in without great difficulty, the courthouse doors were opened. A Mr. President, that is during Iowa win- and then travel on to a waiting accessible person with a disability could now go motel room! What a good feeling to call ters. So, again, that is an indication of ahead, make reservations and know that down to that courthouse and enforce just how hard-working and dedicated when we arrive there we’d find a clean room, his or her civil rights. On July 26th, people with disabilities are when they ready to accommodate my needs. that one person who was alone the day do get a job. He worked at that plant A man from St. Paul, Minnesota who before became 54 million people, and for 23 years, and in 23 years he missed is visually-impaired wrote to say that now that short end of the stick became 3 days of work. And that was because of because of accommodations required a powerful club by which a disabled an unusual blizzard. by the ADA, he can use city buses with American could defend his or her Another little funny aside. In ADA, dignity, hear the audible traffic sig- rights. we mandated a nationwide relay sys- nals, and work. He said that the ADA Ten years ago, we as a Nation com- tem for the deaf, so that a deaf person also enables him to enjoy cultural ac- mitted ourselves to the principle that a could call a hearing person, and a hear- tivities, because he can listen to narra- disability does not eliminate a person’s ing person could call a deaf person tions of plays through earphones and right to participate in the cultural, without having to use the TTY. One of basketball games through special radio economic, educational, political and the first calls made on the nationwide receivers. In his words: social mainstream. Ten years ago, we relay system was from the White House said no to exclusion, no to dependence, in 1993, when President Clinton put in a [The ADA] has made my life 1000 times bet- no to segregation. We said yes to inclu- ter than my father’s who was also totally call to my brother Frank. We had it all blind. sion, yes to independence, and yes to set up. President Clinton called the integration in our society to people number, and the line was busy. All the And, a woman from Corpus Christi, with disabilities. That is what the ADA national press was there and every- Texas, whose daughter is hearing im- is all about. thing. He waited a few seconds and the paired told me that her daughter is For me, the ADA, as I have just said, line was busy again. It was busy three able to join her schoolmates in classes was a lot about my brother Frank. He or four times. Finally, I called my and activities because of relay services lost his hearing at an early age. Then neighbor in Cumming, Iowa, and I said, and interpreters. The mother also told he was taken from his home, his family ‘‘Go over and find out what is going me that because of the ADA-required and his community and sent across the on.’’ My brother was so excited that he relay services, her daughter was able to State to the Iowa State school for the had been on the phone talking to his speak with her father for the first deaf. People often referred to it as the friends. He forgot that the President time. school for the ‘‘deaf and dumb.’’ I re- was going to call him. President Clin- When my daughter was just 4 years old, she member one time my brother telling ton related that story at the FDR me- got to call her real father for the first time. me, ‘‘I may be deaf, but I am not morial this morning in celebration of I wish you could have seen the sparkle in her eyes and the tears in mine as she ‘talked’ dumb.’’ the Americans With Disabilities Act While at school, Frank was told he with her daddy. It took forever (she couldn’t and reminded me again of what the type) but the relay service was friendly and could be one of three things: a cobbler, ADA was all about. As President Clin- patient. I believe that Relay has played a a printers assistant, or a baker. When ton so eloquently said this morning, it part in keeping their relationship strong. he said he didn’t want to be any one of is about ensuring that every American Every little girl needs her daddy. those things. They said, OK, you are a can just do ordinary things, such as use Mr. President, I have a whole stack baker. So after he got out of school, he the phone, go shopping, use public of these stories. I will not ask permis- became a baker. But that is not what transportation. It is also about ensur- sion for all, but I ask unanimous con- he wanted to do. So he went on to do ing that every American has access to sent to have some of the more poignant other things, obviously. resources as fundamental as health in- stories that I received from around the Everyday tasks were always hard. I surance, a job, an education—things country be printed in the RECORD. They remember, as a young boy, going with that we take for granted. are very short. my older brother Frank to a store and The ADA is about designing our poli- There being no objection, the mate- how the sales person, when she found cies and physical environment so that rial was ordered to be printed in the out that he was deaf, looked through we as a Nation can benefit from the RECORD, as follows: him like he was invisible and turned to talent of every citizen. It is about ac- me to ask me what he wanted; or how SUCCESS STORIES FROM U.S. SENATOR TOM knowledging that it costs much more HARKIN’S ‘‘A DAY IN THE LIFE OF THE AMER- when he wanted to get a driver’s li- to squander the potential of millions of ICANS WITH DISABILITIES ACT’’ CAMPAIGN cense, he was told that ‘‘deaf people people than to make the modest ac- NEW YORK don’t drive.’’ So his life was not easy commodations that let all Americans Summary: According to a man in New because the deck was stacked against contribute fully. It is about tearing him. He truly held the short end of the York with cerebral palsy, the ADA-required down the false dichotomy of abled and ramps, elevators, automatic doors, curb cuts, stick. disabled, and realizing that each of us and accessible transportation have allowed I remember when my brother finally has a unique set of abilities. him to be more independent in his life. changed jobs. He got out of baking and Mr. President, a few weeks ago, in Thanks to the ADA, he is now able to do his got a job at a plant in Des Moines. He anticipation of this tenth anniversary own banking, go to the post office or shop by had a good job at Delavan’s. Mr. celebration of ADA, I announced ‘‘A himself, or enjoy a meal at a restaurant. Delavan decided he wanted to hire peo- Day in the Life of the ADA Campaign.’’ Reasonable accommodation requirements ple with disabilities, and so my brother have allowed him to work as an advocate for I asked people from across America to people with disabilities and earn money to went to work there. He had a great job. send stories about how their lives are He became a drill press operator mak- contribute to his household expenses. In his different because of ADA. I wanted to words, the ADA has allowed him to ‘‘show ing jet nozzles for jet engines. He was find out just what the ADA meant to my community that I am willing and able to very proud of his work. Later on, I was other people in ordinary life. be like anyone else in ways like getting a job in the Navy, in the military. I remem- Based on these stories, I have learned and being independent.’’ ber when I came home on leave for that the ADA is truly changing the Quotation: [Prior to the ADA,] I felt that I Christmas, and I was unmarried at the face of America. was not a real human being because people time. I came home to spend it with my A woman from Vinton, Iowa who uses with disabilities . . . were not supposed to be seen or heard . . . [The ADA] opened the door brother Frank, who was also unmar- a wheelchair wrote to tell me that be- ried, and the company he worked for to freedom for people with all types of dis- cause of the ADA, she now can travel abilities . . . The ADA is a step toward had a Christmas dinner. So I went with around the country. She said: reaching equal ground for EVERYONE! . . . my brother to it, not knowing that You can’t understand until you’ve been Doing things on my own makes me feel like anything special was going to happen. there, searching for a hotel room, a restroom I am a PERSON and gives me a lot of con- It turned out that they were honoring to stop in, a room to accommodate you, your fidence in myself’’.

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TENNESSEE arm. She credits the ADA for the construc- when she could no longer hear her students Summary: A man from Tennessee has been tion of buildings where her disability ‘‘never in the classroom. In her words ‘‘it tore my quadriplegic since an automobile accident in occurs to [her]’’—with aisles wide enough to heart out to give it up.’’ Now, because of 1990, the very year that the ADA was signed. accommodate a wheelchair, bathrooms that services for disabled students required by the According to him, the ADA has helped him are accessible, and drinking fountains at ADA, she can attend literature courses at a pursue his academic, as well as employment, chair level. She writes of the joy of being al- university by wearing a headset that ampli- dreams. The ADA helped him to earn an un- lowed access, via outside elevators and fies her professor’s voice. In her words, ‘‘[it] dergraduate degree and was even the subject ramps, to such historical sites as Thomas was sheer heaven to be in the classroom of his master’s thesis during graduate school Jefferson’s Monticello and the Lincoln Me- again.’’ at a Tennessee state university. morial. GLEN ELLYN, ILLINOIS Quotation: Dear ADA, Thank you for being Quotation: [With the passage of the ADA], Summary and Quotations: A man in Glen there when we need you, the curb cuts, low- my physical impairments that had recently Ellyn, Illinois who is sight impaired regards incline ramps, the grab bars and the list goes been introduced to a cold world now had a the ADA as ‘‘a necessary civil rights law.’’ on and on . . . ADA, what life has done to us, blanket. A blanket provided by my country Because of the ADA’s employment provi- you have equalized it, with accessibility. . . . My disability and the ADA were born to- sions, he has been able to ask his employer gether and this year we celebrate 10 years of GREENBELT, MARYLAND to make materials—such as benefits infor- success, for the both of us. Summary: A man who lives in Greenbelt, mation, texts for training courses, and time MARYLAND Maryland and is hearing impaired thanks the sheets—in an alternative format. Because of Summary: A woman from Maryland is the ADA for increasing public awareness of the the ADA’s transportation provisions, he has mother of three autistic children—all of abilities the ‘‘disabled’’ have. He praises the been able to travel on public transportation, whom have benefitted from the ADA. Be- ADA for helping him become an attorney because bus drivers now call out individual cause of the ADA, she looks forward to her and allowing him to help other people with stops. Because of the ADA’s public accommo- children graduating from school and working disabilities ‘‘achieve their dreams.’’ Accord- dation requirements, he is able to order what in the community when they grow up. ing to him, the ADA has impacted almost he wants at restaurants and to attend hotels Quotations: Ten years ago before the ADA every aspect of his daily life, from the time and movie theaters independently. my boys would have been wrenched with he turns on the television with closed-cap- BROOKLINE, MASSACHUSETTS heart ache as they walked with their heads tioning in the morning, to the time he at- hung down in shame. They would feel the tends a city advisory meeting with an inter- Summary and Quotations: A hearing-im- pain of having a disorder that would make preter at night. paired man from Brookline, Massachusetts, them stand and learn apart from the other Quotation: The impact of the ADA is felt writes to praise the ADA. Having grown up children at school. I am not sure what their throughout my daily life. When I turn on the in Trinidad without the benefits of disability future holds in store. I know that the sup- TV in the morning, I can watch captions and legislation, he appreciates being able to at- ports are in place. public service announcements because of the tend open-captioned movie theaters, use the Boston subways, which have visual displays SACRAMENTO, CALIFORNIA ADA. When I go to work and make phone announcing stops, and have access to inter- Summary: A man with muscular dystrophy calls, I use the telecommunication relay services enacted by the ADA. I talk with my preting services for work-related meetings from Sacramento, California, cannot imag- and training sessions. He writes of the ine what his life would be like without the friends who are given accommodations on the job as required by the ADA. In the after- ‘‘growing respect’’ people give to individuals ADA and celebrates July 26 as the ‘‘Other with disabilities and ‘‘awareness’’ that is Independence Day.’’ He credits the ADA with noon I go to the doctor’s office and am able to communicate with my doctor because the motivated by more than ‘‘just a legal obliga- making his life ‘‘full and independent’’ by re- tion.’’ quiring stores, restaurants, parks, and thea- ADA has required the presence of a sign lan- ters to be accessible to all people. guage interpreter. After the doctor’s office, I ROCKY MOUNT, NORTH CAROLINA Quotation: The ADA embodies what people decide to go shopping and am able to find a Summary: A man in Rocky Mount, North with disabilities really want, to be viewed as TTY (as required by the ADA) in the mall to Carolina who has been a paraplegic all his people first, not judged or excluded because call my family and let them know that I will life thanks the ADA for allowing him ‘‘to be- of our disabilities. We want to earn a living, be a bit late arriving home. After dinner come as independent as others.’’ He now has raise families, go to restaurants, churches with my family, I go to [city meeting] . . . access to a variety of school, shopping malls, and live our lives as independently as pos- and am able to participate fully . . . because and sports and entertainment events. Be- sible with dignity and respect and not be ex- the ADA allows me to receive the services of cause of the ADA, he has job opportunities cluded because of barriers—be they architec- a sign language interpreter. In short, the that he never could have dreamed of growing tural, communication or attitudinal bar- ADA has had a major impact on almost up. riers. every facet of my life. Quotation: ‘‘When I was growing up I had MOSS POINT, MISSISSIPPI WAUKEGAN, ILLINOIS to go to certain schools and shopping malls that were accessible. Sports and entertain- Summary: A woman from Moss Point, Mis- Summary: A 25-year-old social worker who ment was something you dreamed about, but sissippi has been in a wheelchair since 1997. is sight impaired writes from Waukegan, Illi- was never able to participate in.... But The ADA makes it possible for her to do her nois. According to her, Title III of the ADA now things are different, thanks to the own grocery shopping, attend events at her has allowed her to receive bank statements [ADA] . . . [The ADA] has made us . . . able grandchildren’s school, go to dinner ‘‘any- in Braille and to balance her checkbook. She to say, ‘‘Don’t look at my disability, but where,’’ travel, and stay in a handicapped is now able to enjoy a level of privacy that look at my ability.’ ’’ room at a motel with the ‘‘greatest shower many Americans take for granted. [she has] ever seen’’. Quotation: I now receive my statements in ARKADELPHIA, ARKANSAS Quotation: No one plans to become handi- the mail every month, as do other bank cus- Summary: A sight-impaired student in capped, but I am grateful the ADA Program tomers. This might seem like a small victory Arkadelphia, Arkansas, credits the ADA for planned for me. to some. Obviously such people have never making her first year at a state university a ARROYO GRAND, CALIFORNIA been denied the ability to read something so ‘‘beautiful experience and resounding suc- personal as a bank statement. Summary: A man from Arroyo Grand, Cali- cess.’’ Because the ADA requires colleges to fornia who uses a wheelchair says that he LAS CRUCES, NEW MEXICO ensure equal access to educational informa- has benefitted from the ADA in a variety of Summary: A woman from Las Cruces, New tion, she is able to get a quality college edu- ways. Because of the ADA, he is able to Mexico, uses a wheelchair and credits the cation. watch his nieces play basketball in an acces- ADA for allowing her to ‘‘pick up and make Quotation: [The ADA] has really helped sible gymnasium, to play chess in accessible a move across the country’’ to a new home. the disabled people that are present on our recreation rooms, even to attend a Bob She says that the ADA has given her her life campus to get as good an education as pos- Dylan concert and to shut his own apart- back and made her a ‘‘possibility-thinker’’ sible and also to make their college career a ment door. again. beautiful experience and a resounding suc- Quotation: The success of the Americans Quotation: I know that things are made cess. with Disabilities Act over the last ten years possible for the disabled now because IT’S SOUTH AMBOY, NEW JERSEY was caused by its enormous power. Knowl- THE LAW. We have greater options, self-re- Summary: A woman from South Amboy, edge of its power brings improvement. The spect and better public awareness because of New Jersey who has mental, behavioral, and reason the ADA is powerful is that all busi- the ADA . . . My independence and free will learning disabilities says that the ADA has nesses know about it, and people with dis- are intact. made her feel included in community life. abilities can communicate with that power- TEXAS Through her local independent living center, ful knowledge . . . Everywhere I go today I Summary with Quotation: A woman from a psycho-social rehabilitation program, an can seriously say ‘‘ADA’’ and get a response. Texas is hearing-impaired and writes of how anger management workshop, and other sup- SALEM, INDIANA the ADA has allowed her to return to aca- port and advocacy groups, she has learned to Summary: A woman from Salem, Indiana, demia. After teaching for 20 years, she was accept her disabilities and ‘‘welcome them as uses a wheelchair and has limited use of one forced to quit teaching college-level English a dimension to [her life].’’

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7640 CONGRESSIONAL RECORD — SENATE July 26, 2000 Quotation: Most importantly, I strongly worry. The State says: Leave it to us. cause there is so much out there that believe that the ADA is breaking both phys- We will make sure that people aren’t can help people with disabilities. ical and attitudinal barriers in the commu- subject to employment discrimination. Lastly, I say that the next step we nity and society so citizens with all disabil- We will make sure that people aren’t have to do is fight and win against the ities are able to live, inclusive, full, produc- tive, and independent lives. forced to live inside institutions or car- continued segregation of people with ried up the steps in order to get into disabilities from their own commu- Mr. HARKIN. Mr. President, the the local courthouse. nities. That is why we have to move ADA, of course, ultimately is about our Some of us remember after the 1964 forward on the bill called MiCASSA, S. children. They will be the first genera- civil rights bill was passed that States 1935, a bill that is pending in the Sen- tion to grow up with the ADA—the were arguing the same thing: Leave it ate right now—the Medicaid Commu- first generation in which children with to the States; they will take care of nity Attendant Services and Supports and without disabilities play together civil rights; we don’t need the Federal Act—a bipartisan bill that will elimi- on the playground, learn together in Government coming in. nate institutional bias in the Federal school, hang out together at the mall What I think we are forgetting is Medicaid program and give people with and the movie theater, and go out to- that this is a civil rights law that cov- disabilities and the elderly a real gether for pizza. These children who ers the citizens of America. We are all choice to live in their communities. will grow up as classmates and friends in this together. We are talking about Right now, Medicaid is biased toward and neighbors will now see each other citizens’—Federal, national—constitu- institutionalization. as neighbors and coworkers—no longer tional rights to equal protection under Why shouldn’t we give a person with segregated. That is what the ADA is the law. It is up to this Federal Con- a disability the right to decide where about. It has opened up new worlds for gress to ensure that citizens with dis- he or she wants to live and how they people with disabilities—where people abilities get that equal treatment. want to live? Let them live in their with disabilities are participating more That is why we have title II of the own home, in their own community and more in their communities, living ADA. settings. That is what S. 1935 is about. fuller lives as students, as coworkers, In sign language, there is a wonderful The disability community all over this as taxpayers, as consumers, voters, and sign for America. It is this: This is the country understands personal attend- neighbors. sign for America, all of the fingers put ants are sorely needed. No individual But we must never forget that pro- together, joining the hands in a circle. should be forced into an institution hibiting discrimination is not the same That describes America for all. We are just to receive reimbursement for serv- as ensuring equal opportunity. Presi- all together. We are not separated out. ices that can be effectively and effi- dent Johnson understood this when he We are all within one circle; a family— ciently delivered in the home of the said: ‘‘[Y]ou cannot shackle men and the deaf sign. It is not separate and community. Individuals must be em- women for centuries, then bring them apart. It is not one State and another powered to exercise real choice in se- to the starting line of a race and say, State when it comes to civil rights and lecting long-term services and supports ‘You see, we’re giving you an equal ensuring equal protection of the law. that meet their unique needs and allow ″ chance.’ We will not let the Supreme Court re- them to be independent. Federal and That is why we all work so hard for write history and erase civil rights— State Medicaid policies should be re- the Ticket to Work and Work Incen- the national civil rights for people with sponsive to and not impede an individ- tives Improvement Act because we had disabilities. ual’s choice in selecting services and to set the stage to change the employ- Finally, we have to close the digital supports. ment rate for people with disabilities. divide to make sure that people with This bill eliminates the bias toward That is why we all work so hard to de- disabilities have full access to the new institutional care. It would help deliver fend the Individuals with Disabilities technologies. services and supports consistent with Education Act, because there is no Last night, Vice President Gore held the principle that people with disabil- equal opportunity without education. a reception at the Vice President’s ities have the right to live in the most I am proud that this morning Presi- house for literally hundreds and hun- integrated setting appropriate to meet- dent Clinton announced a new effort by dreds of people with disabilities from ing that individual’s unique needs. the Federal Government to open up an all over America. It was a great event In last year’s Olmstead decision, the additional 100,000 jobs in the Federal to celebrate the 10th anniversary. In Supreme Court found that to the ex- Government for people with disabil- one tent, they set up a wide variety of tent that Medicaid dollars are used to ities. That is leadership. I thank Presi- new technologies to assist people with pay for a person’s long-term care, that dent Clinton for providing that leader- disabilities. I was particularly taken person has a civil right to receive those ship. with one new device that had a cathode services in the most integrative set- Again, that is why we have to fight ray tube, CRT. It was hooked up to a tings. Therefore, we in Congress have a against genetic discrimination. That is PC. There was a little device under the responsibility to help States meet the why we have to add people with disabil- net, a CRT that looked up at your eyes. financial costs associated with serving ities to the Hate Crimes Act that You sat there for a second and it cali- people with disabilities who want to passed the Senate, and to make sure it brated it. With your eye movement leave institutions and live in the com- becomes law. alone, you could turn on lights, turn munity. MiCASSA, as the bill is That is why we have to fight to make off lights, make phone calls, talk to known, S. 1935, will provide that help. sure we don’t lose in the Supreme people, type letters, get on the Inter- A lot of people say this will cost Court what we gained in Congress. net, only by moving your eyes. money. Actually, it will save money. There is a case now pending before the Think about what that means for Medicaid spending on long-term care in Supreme Court in which a State has ar- people who have Lou Gehrig’s disease 1997 totaled $56 billion, but only $13.5 gued that title II of the ADA which ap- or severe cerebral palsy. There are a billion was spent on home and commu- plies to State governments should be lot of disabled people who can’t do any- nity-based services. That $13.5 billion held unconstitutional because the Fed- thing but move their eyes. But their paid for the care of almost 2 million eral Government does not have the mind is perfect. people. power to enforce the ADA against the One perfect example that Vice Presi- In contrast, the $42.5 billion we spent States in the way other civil rights dent Gore always uses is Stephen Haw- on institutional care paid for just a lit- laws are. kins, perhaps the smartest individual tle over 1 million people. The Civil Rights Act of 1964, which in the world, who is fully immobile be- The average annual cost of institu- prohibits discrimination on the basis of cause of his disability. Yet here is a tional care for people with disabilities race, applies to all the States and machine that will allow him to more is more than double the average annual State governments. Now a State is ar- rapidly access information and to write cost of providing home and commu- guing that the ADA, a civil rights law his wonderful books about the uni- nity-based services. Right now, all for people with disabilities, should not verse. That is what I mean when I say across the country, hundreds of thou- apply to States. They are saying: Don’t we ought to close the digital divide be- sands of people are providing unpaid

VerDate Mar 15 2010 23:35 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2000SENATE\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD — SENATE S7641 support to sons and daughters, moth- what the ADA meant for people with that group. Frequently, however, at ers, fathers, sisters and brothers, to disabilities. For 10 years he and mil- the end of the table, we would ex- allow them to remain in the commu- lions of people across our country lived change whispered remarks on some of nity. Yet when they turn to the cur- out its possibilities. So I thank my the other people or subject matter, ei- rent long-term care system for relief, brother, Frank. I thank everyone else ther present or not present. Paul all too often all they can do is add in the entire disability community who Coverdell had a wonderful sense of their name to a very long waiting list. was an inspiration for me, who worked humor, there and elsewhere: Dry, That is not right. That is not just. so hard for the Americans with Disabil- gentle, always to the point. It was a de- That is not fair. These family care ities Act. lightful pleasure to share those mo- givers are sacrificing their own em- I include in that many of my fellow ments, sometimes stressful, sometimes ployment opportunities and costing the Senators and Representatives. This marvelously relaxed, with such a man. country millions in taxable income. was never a partisan bill. It is not now If you sought advice on a matter of Lastly, I take a moment to remark a partisan bill. It will never be a par- vitally important public policy, Paul on the surplus. Lately that is all we are tisan bill. Too many good people on Coverdell was one of the first you hearing about is how much surplus we both sides of the aisle worked hard. would seek out. You knew that any- will have over the next 10 years. I hear Senator Weicker, who led the charge thing he would discuss with you would now it is up to $2 trillion and counting. early on, before I even got to the Sen- be filled with wisdom and common We have some very important decisions ate; Senator Dole, who worked so hard, sense, and that stacking your remarks to make about what we do with the so long, to make sure we got ADA against his would focus and sharpen surplus. Everyone is lining up—tax through; Boyden Grey, Counsel to the your own thoughts and your own ideas. breaks here, tax cuts here, tax breaks President who worked with us every It hardly mattered what the subject here, for business, for corporations, for step of the way; Attorney General Dick was—education, taxes, national secu- this group, for that group—all lining Thornburgh, what a giant he was, hung rity, a dozen others; the advice was al- up to get some of that surplus. in there, day after day, working to ways good and always relevant. I believe we have to make some im- make sure we got it through. On our If you then sought tactics or advice portant decisions. I believe we have to side of the aisle, Senator KENNEDY, who on how to accomplish a shared goal, use that money to pay down the debt, made sure we had all the hearings, got Paul Coverdell was a man whom you shore up Social Security, make sure the people there, made the record, to sought out. Particularly if there were that our seniors get what they need ensure that ADA was on solid ground; an individual in your own party, or in under Medicare. With all these groups Tony Coehlo from the House of Rep- the other party, whom you might be lining up to get a piece of the action on resentatives, and Representative STENY reluctant, for one reason or another, to the surplus, I am asking: What about HOYER in the House; Congressman approach, you could ask Paul Coverdell the disability community? What about Steve Bartlett, another great giant, to do it for you, and he would. There the Americans all over our country Republican leader in the House at that was no task, there was no detail that who want to live in their own commu- time, later on became mayor of Dallas. was too small for him, none that he nities, who want supportive services in He was there this morning, too. thought was beneath him, if it was con- their homes, who want personal assist- At that time, there weren’t Demo- structive, if it would help the cause in ance services so they can go to work crat and there weren’t Republicans. We the long term. every day? I believe we should use were all in that same boat together, One way in which you can determine some of that surplus to make sure that and we were all pulling together. We individuals’ reactions to other individ- all Americans have the equal right to were, as I said earlier, Mr. President— uals is in a group. At the Republican live in the community—not just in the deaf sign for Americans is this conference meeting immediately before spirit, but in reality. (signing)—all of us together, fingers the Fourth of July recess, Paul Cover- As I said, our present Medicaid policy intertwined, all of us in that same fam- dell, as the Secretary of the con- has an institutional bias. We need to ily circle. That is what ADA is about. ference, presented us a little plastic use some of this surplus to get people It is about this deaf sign. We are all in note card, the top of which read ‘‘Re- in their own homes and communities. this together. publican Policy.’’ I no longer remem- There may be some transitional cost, We want to make sure the ADA real- ber the particular subject, but I do re- but we know later on when these peo- ly does stand for the American dream member that first one or two people ple start going to work, when their for all. said, ‘‘I don’t agree with point 3.’’ Pret- families and the family care givers who I yield the floor. ty soon, everyone was piling on. Fi- are at home now and underemployed, The PRESIDING OFFICER (Mr. nally, one of our colleagues wrote are employed, when they go to work BROWNBACK). Under the previous order, across the top of this, ‘‘One Repub- they are working, making money, pay- Senator DEWINE is recognized. lican’s Policy,’’ and handed it back to ing taxes. Mr. GORTON. Mr. President, I be- Paul Coverdell, who just went back to Yes, when we are talking about what lieve the Senator from Ohio will yield perfect his message. we are going to do with that surplus, to me, and I ask unanimous consent to Whom you tease, you generally love. let’s not forget we have millions of be recognized for a few remarks in That in many respects was an expres- Americans far too long segregated, far morning business. sion of the love and respect his Repub- too long kept out of the main stream of The PRESIDING OFFICER. Without lican colleagues had for Paul Coverdell. society, far too long denied their rights objection, it is so ordered. Paul Coverdell made us all proud of as American citizens to full integration f our profession, a profession often criti- in our society. It is time we do the cized, in fact a profession rarely right thing. It is time when we make REMEMBERING SENATOR PAUL praised. When a State sends a Paul decisions about the surplus, we use COVERDELL Coverdell to the Senate, it is proof some of that to make sure that people Mr. GORTON. Mr. President, all last positive that our system works. And with disabilities are able to live and week I deferred coming to the floor to when the Senate of the United States work and travel as they want. speak about my friend, Paul Coverdell, listens to and respects and follows a ADA may stand for the Americans on the ground that it might be easier Paul Coverdell, that, too, is proof that with Disabilities Act, but it stands for to do so this week. It is not. It is not, our system works. When, as was my more than that. It really stands for the but it is vitally important to memori- privilege, you come to know and be be- American dream for all. alize such a friend. friended by a Paul Coverdell, you are In closing, as I said earlier, my Every Monday evening or Tuesday especially privileged and especially brother, Frank, passed away last morning, Paul Coverdell and I sat at honored. I was so privileged. I was so month. I miss him now and I will miss the end of the table during leadership honored. him forever. He was a wonderful broth- meetings in the majority leader’s of- I will not know his like again. er to me. He was a great friend. He was fice, with an opportunity to comment The PRESIDING OFFICER. The Sen- my great inspiration. He was proud of on all of the issues that came before ator from Ohio.

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