<DOC>
[108th Congress House Hearings]
[From the U.S. Government Printing Office via GPO Access]
[DOCID: f:97397.wais]
LIVING WITH DISABILITIES IN THE UNITED STATES: A SNAPSHOT
=======================================================================
HEARING
before the
SUBCOMMITTEE ON HUMAN RIGHTS AND WELLNESS
of the
COMMITTEE ON
GOVERNMENT REFORM
HOUSE OF REPRESENTATIVES
ONE HUNDRED EIGHTH CONGRESS
SECOND SESSION
__________
JUNE 24, 2004
__________
Serial No. 108-242
__________
Printed for the use of the Committee on Government Reform
Available via the World Wide Web: http://www.gpo.gov/congress/house
http://www.house.gov/reform
______
U.S. GOVERNMENT PRINTING OFFICE
97-397 WASHINGTON : 2004
____________________________________________________________________________
For Sale by the Superintendent of Documents, U.S. Government Printing Office
Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; (202) 512ÿ091800
Fax: (202) 512ÿ092250 Mail: Stop SSOP, Washington, DC 20402ÿ090001
COMMITTEE ON GOVERNMENT REFORM
TOM DAVIS, Virginia, Chairman
DAN BURTON, Indiana HENRY A. WAXMAN, California
CHRISTOPHER SHAYS, Connecticut TOM LANTOS, California
ILEANA ROS-LEHTINEN, Florida MAJOR R. OWENS, New York
JOHN M. McHUGH, New York EDOLPHUS TOWNS, New York
JOHN L. MICA, Florida PAUL E. KANJORSKI, Pennsylvania
MARK E. SOUDER, Indiana CAROLYN B. MALONEY, New York
STEVEN C. LaTOURETTE, Ohio ELIJAH E. CUMMINGS, Maryland
DOUG OSE, California DENNIS J. KUCINICH, Ohio
RON LEWIS, Kentucky DANNY K. DAVIS, Illinois
JO ANN DAVIS, Virginia JOHN F. TIERNEY, Massachusetts
TODD RUSSELL PLATTS, Pennsylvania WM. LACY CLAY, Missouri
CHRIS CANNON, Utah DIANE E. WATSON, California
ADAM H. PUTNAM, Florida STEPHEN F. LYNCH, Massachusetts
EDWARD L. SCHROCK, Virginia CHRIS VAN HOLLEN, Maryland
JOHN J. DUNCAN, Jr., Tennessee LINDA T. SANCHEZ, California
NATHAN DEAL, Georgia C.A. ``DUTCH'' RUPPERSBERGER,
CANDICE S. MILLER, Michigan Maryland
TIM MURPHY, Pennsylvania ELEANOR HOLMES NORTON, District of
MICHAEL R. TURNER, Ohio Columbia
JOHN R. CARTER, Texas JIM COOPER, Tennessee
MARSHA BLACKBURN, Tennessee BETTY McCOLLUM, Minnesota
PATRICK J. TIBERI, Ohio ------
KATHERINE HARRIS, Florida BERNARD SANDERS, Vermont
(Independent)
Melissa Wojciak, Staff Director
David Marin, Deputy Staff Director/Communications Director
Rob Borden, Parliamentarian
Teresa Austin, Chief Clerk
Phil Barnet, Minority Chief of Staff/Chief Counsel
Subcommittee on Human Rights and Wellness
DAN BURTON, Indiana, Chairman
CHRIS CANNON, Utah DIANE E. WATSON, California
CHRISTOPHER SHAYS, Connecticut BERNARD SANDERS, Vermont
ILEANA ROS-LEHTINEN, Florida (Independent)
ELIJAH E. CUMMINGS, Maryland
Ex Officio
TOM DAVIS, Virginia HENRY A. WAXMAN, California
Mark Walker, Chief of Staff
Mindi Walker, Professional Staff Member
Danielle Perraut, Clerk
Richard Butcher, Minority Professional Staff Member
C O N T E N T S
----------
Page
Hearing held on June 24, 2004.................................... 1
Statement of:
Justesen, Troy, Acting Assistant Secretary, Office of Special
Education and Rehabilitation Services, U.S. Department of
Education; and Donald A. Young, M.D., Deputy Assistant
Secretary, Office of Health Policy, U.S. Department of
Health and Human Services.................................. 20
Langevin, Hon. James, a Representative in Congress from the
State of Rhode Island...................................... 13
Reich, Alan A., president, National Organization on
Disability; Robert David Hall, actor, CSI: Crime Scene
Investigation, Double Amputee; Peter Blanck, Charles M. and
Marion Kierscht professor of law, director, law, health
policy & disability center, University of Iowa College of
Law; and John Register, manager, Paralympic Academy, U.S.
Paralympics, U.S. Olympic Committee........................ 61
Letters, statements, etc., submitted for the record by:
Blanck, Peter, Charles M. and Marion Kierscht professor of
law, director, law, health policy & disability center,
University of Iowa College of Law, prepared statement of... 105
Burton, Hon. Dan, a Representative in Congress from the State
of Indiana, prepared statement of.......................... 4
Cummings, Hon. Elijah E., a Representative in Congress from
the State of Maryland, prepared statement of............... 55
Hall, Robert David, actor, CSI: Crime Scene Investigation,
Double Amputee, prepared statement of...................... 97
Justesen, Troy, Acting Assistant Secretary, Office of Special
Education and Rehabilitation Services, U.S. Department of
Education, prepared statement of........................... 24
Langevin, Hon. James, a Representative in Congress from the
State of Rhode Island, prepared statement of............... 16
Register, John,manager, Paralympic Academy, U.S. Paralympics,
U.S. Olympic Committee, prepared statement of.............. 90
Reich, Alan A., president, National Organization on
Disability, prepared statement of.......................... 64
Watson, Hon. Diane E., a Representative in Congress from the
State of California, prepared statement of................. 10
Young, Donald A., M.D., Deputy Assistant Secretary, Office of
Health Policy, U.S. Department of Health and Human
Services, prepared statement of............................ 34
LIVING WITH DISABILITIES IN THE UNITED STATES: A SNAPSHOT
----------
THURSDAY, JUNE 24, 2004
House of Representatives,
Subcommittee on Human Rights and Wellness,
Committee on Government Reform,
Washington, DC.
The subcommittee met, pursuant to notice, at 2:40 p.m., in
room 2154, Rayburn House Office Building, Hon. Dan Burton
(chairman of the subcommittee) presiding.
Present: Representatives Burton, Watson, and Cummings.
Staff present: Mark Walker, staff director; Mindi Walker,
Brian Fauls, and Dan Getz, professional staff members; Nick
Mutton, press secretary; Danielle Perraut, clerk; Richard
Butcher, minority counsel; Earley Green, minority chief clerk;
and Jean Gosa, minority assistant clerk.
Mr. Burton. Good morning. A quorum being present, the
Subcommittee on Human Rights and Wellness will come to order.
I ask unanimous consent that all witnesses' and Members'
written opening statements be included in the record. Without
objection, so ordered.
I want to thank everybody for being here. I apologize for
our tardiness, but it has been a pretty busy day; and we may
get some votes during the hearing, and if we do, we will have
to briefly adjourn and come back.
I also ask that all articles, exhibits and extraneous and
tabular materials referred to be included in the record.
Without objection, so ordered.
In the event of other Members attending the hearing, I ask
unanimous consent that they be permitted to serve as a member
of the subcommittee for today's hearing. Without objection, so
ordered.
The subcommittee is convening today to examine the quality
of life experienced by persons with disabilities in the United
States. In addition, the subcommittee is going to discuss the
ways in which the Federal Government and nongovernmental
organizations are working to expand the participation and
contributions of this population of Americans.
A disability is defined as a physical or mental impairment
that substantially limits one or more life activities of an
individual. According to the U.S. Census Bureau, there are over
49 million persons in the United States living with some form
of disability.
Unfortunately, the rate of disability in our country is
staggering and a majority of this underserved population does
not enjoy the quality of life that many of us take for granted
every day.
The U.S. Government has taken many actions over the years
in order to better accommodate the population of disabled
Americans. The Rehabilitation Act of 1973, which is Public Law
93-112, was the first civil rights act with regard to
disability. This legislation represented the first step toward
more sensitivity and accessibility for persons with
disabilities, and established a roll for the Federal Government
to provide vocational rehabilitation for disabled Americans.
After several years of researching the best solutions on
disability policy in the United States, in 1990, Congress
passed and the President signed into law the Americans with
Disabilities Act, which is Public Law 101-336, which
promulgated the first antidiscrimination guidelines on
disability in the United States. This law prohibits
discrimination in the hiring and continued employment of
disabled persons in the workplace and provides that ``no
individual with a disability shall be excluded from
participation and denied the benefits of or subjected to
discrimination by a public entity.'' The act also dictates that
no person shall be discriminated against the enjoyment of any
place of public accommodation based on a disability.
The Honorable James R. Langevin, the Congressman from Rhode
Island, is with us today. He was rendered paralyzed after an
accident occurred while attending a Boy Scout event when he was
16 years of age. Since that time, the Congressman has worked
diligently in the Rhode Island State Assembly, as the Secretary
of State of Rhode Island, and now as a Representative of the
Rhode Island Second Congressional District, to sponsor and
support a variety of health and disability legislation and
other efforts.
I did not know you were Secretary of State.
Mr. Langevin. Yes, sir.
Mr. Burton. Is that right?
Mr. Langevin. For 6 years.
Mr. Burton. Son of a gun.
In addition to proposing and supporting various health care
initiatives, the Congressman founded and currently serves as a
cochair of the Bipartisan Disabilities Caucus in the Congress,
and he is to be congratulated for his efforts in that area. The
subcommittee has the distinct honor and privilege to have
Congressman Langevin testify this afternoon about his numerous
activities with regard to disability policy, as well as to give
his personal experiences as an individual living with a
disability in the United States.
The Federal Government has not only ensured that
discrimination based upon disability is unlawful in the United
States, but also has worked toward providing programs to assist
with health care and educational opportunities for the disabled
population. To explain these most important initiatives, Troy
Justensen, Acting Assistant Secretary with the Office of
Special Education and Rehabilitative Services at the Department
of Education is here to speak on the educational programs made
available to students with disabilities.
In addition, the subcommittee will be receiving testimony
from the Honorable Don Young, Deputy Assistant Secretary for
the Office on Health Policy at the Department of Health and
Human Services. Mr. Young will testify on the various health
care programs and services that the agency has implemented to
assist the Nation's disabled population.
To further expound upon disability policy in the United
States, Dr. Peter Blanck, Director of the Law, Health Policy &
Disability Center at the University of Iowa College of Law will
testify today on the status of disabilities in the country.
There is no question that persons with disabilities have to
overcome physical or mental obstacles every day, and many times
both, but there are some individuals who have conquered their
impediment and gone on to achieve exceptional success and
greatness. For example, even though a car accident rendered
Robert David Hall a double amputee in 1978, he continued his
career as an entertainer and went on to act professionally in
numerous television and movies roles, most notably as a current
star of the popular TV show, CSI, Crime Scene Investigation,
where he has played the role of Dr. Al Robbins for several
seasons. As a national figure, Mr. Hall has used his celebrity
status to further the cause of disability awareness around the
country, serving on various boards promoting disability
support, including the National Organization on Disability. The
subcommittee is delighted to have Mr. Hall here speaking on his
involvement with the disability community.
While physical disabilities may be perceived as limitations
preventing individuals from participating in athletic
competition, more than 5,000 individuals with disabilities
around the world participate in the Paralympics, a division of
the Olympic Committee reserved for persons living with a
disability. The Paralympic features 21 sports, 18 of which are
also contested in the Olympics. To gain a better understanding
of this competition, the subcommittee will receive testimony
from Mr. John Register, manager of the Paralympic Academy for
the U.S. Olympic Committee and a Paralympic Gold Medal winner.
Although there have been many advances in technology and
disability policy in the United States, the quality of life of
these individuals has been shown through many surveys to be
less than nondisabled individuals. Recently, the National
Organization on Disability commissioned a Harris poll survey
regarding the life-styles of both individuals living with and
without disabilities. The subcommittee has invited the
President of NOD, Mr. Alan Reich, to testify on the results of
this poll and potential initiatives that may lead to a better
quality of life for individuals with disabilities.
I want to thank all of our witnesses for being here today
and to speak on this very important matter and I look forward
to their testimony.
Our first panel is the Congressman.
[The prepared statement of Hon. Dan Burton follows:]
[GRAPHIC] [TIFF OMITTED] T7397.001
[GRAPHIC] [TIFF OMITTED] T7397.002
[GRAPHIC] [TIFF OMITTED] T7397.003
[GRAPHIC] [TIFF OMITTED] T7397.004
Mr. Burton. Ms. Watson just arrived and, Ms. Watson, since
you have arrived, do you have an opening statement you would
like to make before we introduce our colleague.
Ms. Watson. Thank you, Mr. Chairman. But there is some
important business I have to get out of the way first, and that
is to say, ``Happy birthday,'' to Richard Butcher on my staff.
Mr. Burton. My birthday was 2 days ago, and I did not hear
you call me and wish me, ``Happy birthday.'' When you reach 29,
like me, it really gets tough.
Ms. Watson. Let me say to you, Mr. Chair, ``Happy birthday
for being 29 again and again.''
I want to commend you for leading the subcommittee on this
very important, important issue. I would also like to thank my
colleagues and the Honorable James Langevin from Rhode Island
for his testimony that he is about to give when I finish. Let
me go through this real quickly.
The disabled in America are sometimes overlooked in the
land where everyone supposedly has a voice. Americans with
disabilities are Americans just the same, and according to the
Constitution of the United States, the disabled are afforded
the right to life, liberty, and the pursuit of happiness
exactly the same as any other citizen.
Whether or not the disability is from a birth defect or an
amputation or an accident or blindness or deafness, the
disabled should have a voice, even those disabled that cannot
speak and communicate their ideas through sign language,
pictures, captions and in other ways.
Mr. Chairman, I do appreciate the opportunity we have to
hear about living with a disability here in the United States
of America, and I also extend a very special thanks to you and
to those who are assisting our communications today. I
understand that there are numerous challenges to life for every
human being and a disability adds even more.
As a long-time public servant, I believe that it takes a
very strong individual to overcome many of the obstacles in our
society. I also believe that good public policy works to ensure
the well-being of those with all these challenges. It is a
difficult task, but it is something that we have to strive for.
Congress has stepped up to the plate and acknowledged the
need for attention to the disabled. Unacceptably, Federal
action in some areas has let the disabled community down. And I
look forward to listening to the results of the Harris Poll
survey that was commissioned by the National Organization on
Disability. The poll is one instrument of the disabled
constituency to speak out, and Congress must listen.
One area that I would like to highlight is education. As a
former educator and a former school board member, disabled
Americans are very close to my heart. Education can equip an
individual with or without a disability to engage in society.
The President and Congress are failing special needs children
by breaking the promises we made when we enacted IDEA in 1975.
When Congress passed the Education for All Handicapped Children
Act, later known as IDEA, we explicitly promised to provide 40
percent of the excess costs of special education; 29 years
later we have yet to keep that promise. The Obey resolution,
coincidentally being debated on the House floor today, puts us
on the path to fully funding IDEA over a 6-year period. It
would provide for a $2.2 billion increase in special education
funding. And this is $1.2 billion over the President's request.
In perspective, President Bush has requested a $1 billion
increase in special education each year since he took office.
At this rate of increase, we will have difficulty reaching full
funding for IDEA. In education, we cannot afford to leave any
child behind, especially those with disabilities.
So, in closing, Mr. Chairman, I would like to acknowledge
the two very strong representatives of the disabled community
that are here to testify today. The first is Mr. Robert David
Hall, who is currently the character Dr. Al Robbins on CSI,
that is, the Crime Scene Investigation series. And Mr. Hall is
a double amputee that has successfully transferred his acting
style to the award-winning CSI television drama. Mr. Hall's car
accident in 1978 did not stop his desire for an acting career.
I commend his dedication in furthering awareness on the
disabled around the country. Mr. Hall also sits on several
boards that promote support for the disabled, including the
National Organization on Disability.
The second gentleman is Mr. John Register. And I had the
pleasure of meeting Mr. Register at the Congressional Olympic
dinner this year. Mr. Register is a model for all Americans and
a testimony in perseverance. While training for the 1996
Olympics, Mr. Register severed an artery in his left leg. The
resulting medical action was amputation below the left hip.
Also an ambassador to the disabled community, Mr. Register
trained for and won a medal in the Sydney Paralympic games in
2000, and we were there.
Mr. Chairman, I am very, very proud to be part of your
committee, particularly with the subject matter today. These
people in front of us offer us hope. Thank you. I yield back.
[The prepared statement of Hon. Diane E. Watson follows:]
[GRAPHIC] [TIFF OMITTED] T7397.005
[GRAPHIC] [TIFF OMITTED] T7397.006
[GRAPHIC] [TIFF OMITTED] T7397.007
Mr. Burton. Thank you for your kind remarks, and you can
sing ``Happy Birthday'' to me later.
You might notice that we are the first committee to have
closed captioning for the hearing impaired. And I think that is
a giant step forward for this committee, and I hope the rest of
the committees in the Congress will follow suit.
Representative Langevin, I appreciate very much your being
here. We appreciate the contributions you are making, not only
here, but in other areas, and we welcome your testimony.
STATEMENT OF HON. JAMES LANGEVIN, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF RHODE ISLAND
Mr. Langevin. Thank you, Mr. Chairman. It is an honor to be
here. Before I give my prepared remarks, let me just add
something even more important and take the opportunity to wish
you a happy birthday.
I want to thank Chairman Burton, Ranking Member Watson and
the entire Subcommittee on Human Rights and Wellness for
convening today's hearings on Americans living with
disabilities in the United States.
I commend you for your dedication to improving the lives of
Americans with disabilities, and I am certainly grateful for
the opportunity to participate in today's hearing.
Mr. Chairman, as you mentioned in your opening remarks, at
the age of 16, I served as a Boy Scout Explorer police cadet. I
went through the program in my hometown of Warwick, RI, but on
August 22, 1980, my dream of a career in law enforcement was
shattered. I stood in a locker room with a fellow cadet
watching two members of police SWAT team examine a handgun,
which they believed was not loaded. That gun accidentally
discharged, launching a bullet that ricocheted off a metal
locker and into my neck severing my spinal cord and leaving me
paralyzed.
At first, I was convinced that gun and this wheelchair had
ruined my life. But I learned in time that a badge and a gun
are not the only ways to make a difference or serve your
community. I have been fortunate to be able fulfill my dreams
of public service by serving as a delegate to the Rhode Island
Constitutional Convention, a member of the State's General
Assembly, the Rhode Island Secretary of State, and now
representing Rhode Island's Second Congressional District in
the U.S. House of Representatives.
The 24 years I have spent living with a disability in
America have been very challenging, but also very fulfilling,
both personally and professionally. These years have also seen
great change. Discrimination in employment back then was legal;
buildings were not designed with accessibility in mind; and
accommodations of disability viewed really as charity, not as a
civil right.
Looking back in my early years in a wheelchair, my college
application process comes to mind. I was not able to go to my
first choice school, because, quite simply, it just was not
accessible. It was nearly 10 years before the passage of the
Americans with Disabilities Act, and there was little that I
could do about that. Fortunately for me, accommodations at my
backup school, Rhode Island College, were better, and I was
able to receive a quality education and the opportunity to put
some of my new dreams to the test.
However, not all Americans have been so fortunate. Many
Americans with disabilities today face a lack of access to
health care and assistive technology, barriers to employment
and a society that remains less inclusive than it could be. I
want to discuss some of the most critical issues that I see
facing Americans with disabilities today, and those are health
care and employment.
People with disabilities are at risk in the health care
system because of their wide-ranging health needs, their
relatively heavy use of services and typically low incomes. The
leading source of health coverage for people with disabilities
is Medicaid. And while some States have established Medicaid
buy-in programs for people with disabilities, too many people
with disabilities are still barred from the workplace for fear
of losing their eligibility for this program.
Meanwhile, in the face of rising costs and budget
shortfalls, States are aiming to slow growing in program
spending by curtailing benefits, increasing cost-sharing
requirements, and restricting eligibility.
Mr. Chairman, I can personally attest that living with a
disability is very expensive. Higher copayments and
requirements for a person with a disability can simply be
catastrophic.
Finally, Medicaid has yet to break away from the
institutional bias. Only about 25 percent of Medicaid long-term
care funds go to services and supports in home and community
settings. Only three States spend more than 50 percent of their
Medicaid long-term care funds on home- and community-based
care. Individuals that are eligible for nursing home services
should be able to choose between that and community attendant
services and supports.
Congress has the power to level the playing field and give
Medicaid beneficiaries equal access to community-based services
and supports. We simply cannot achieve the goal of implementing
the Supreme Court's Olmstead decision until we remove this
institutional bias.
Several spending proposals in Congress would help to begin
to rebalance and expand the long-term care system and provide
quality supports and services in the community. These include
MiCASSA, which would require States to include community-based
personal assistance services in their Medicaid programs, and
the Money Follows the Person Act and the NFI Medicaid
Demonstrations Act, which provide demonstration grants to
States to help individuals transition from institutions to
community settings.
Moving to the topic of employment, I want to address the
barriers that keep Americans with disabilities from the
workplace. The unemployment rate in the disabilities community
is a staggering 70 percent. Every day I hear stories from
people who want to work, but are kept from doing so by barriers
that we can easily pull together to overcome, primarily the
concern over health benefits and the lack of transportation.
The cost of direct government and private payments to
support people with disabilities of employment age without jobs
is estimated to be approximately $232 billion annually; another
$195 billion in earnings and taxes are lost each year because
Americans with disabilities are unemployed.
Programs like a Ticket-to-Work, designed to promote work by
providing SSI and DI recipients with a ticket to purchase
rehabilitation from State VR agencies and other providers,
begin to address these issues, but significant implementation
challenges remain. Meanwhile, the 108th Congress has failed to
agree on reauthorizing legislation through the Workforce
Investment Act that would adequately provide displaced workers
with the information, training and resources necessary to
obtain or regain employment through the design and
implementation of the one-stop delivery system.
Now, I am concerned that without increased investment and
support for State vocational rehabilitation programs, much of
the progress we have made will all be reversed, and more
Americans will be relegated to a life spent in isolation,
instead of sitting in a classroom, a board room or here with me
in the U.S. Congress.
Mr. Chairman I want to thank you for the opportunity to
raise some of the pressing issues facing Americans with
disabilities. With the bipartisan passage of the Improving
Access to Assistive Technology for Individuals with
Disabilities Act earlier this month, we have seen commitment
from members of both political parties to expand opportunities
for people with disabilities in America. And I am certainly
confident that we can make a great difference together for
millions of American by continuing to work together in this
fashion.
Thank you again for the opportunity to testify. It is an
honor to be here.
[The prepared statement of Hon. James Langevin follows:]
[GRAPHIC] [TIFF OMITTED] T7397.008
[GRAPHIC] [TIFF OMITTED] T7397.009
Mr. Burton. Thank you, Congressman.
There is not supposed to be any discrimination against
people with disabilities in employment, but we obviously know
that there are. And I imagine a lot of those discriminations
are silent in nature. They are not responsible.
I do not know if this has ever been talked about, and I do
not know if it is something doable or not, but it sounds to me
that it is something that is doable, and that is tax incentives
for business and industry to hire the disabled, an incentive
for them to go the extra mile to make sure the large number of
people who have disabilities do have gainful employment. Have
you ever looked into that?
Mr. Langevin. Sure, and I think that there may be some. And
I do not want to speak off the cuff about that, but certainly
tax incentives would be helpful and there is definitely a
payoff return on the investment. For every dollar that is spent
on putting someone to work as opposed to having the recipient
on a social program, there is a benefit begun in terms of wages
that are earned and also in taxes that are paid. So there is
truly demonstrated research that says investment in putting
people to work is far better and a bigger payoff than there is
in the cost of actually supporting the program.
Mr. Burton. You cited some very large figures, in the
hundreds of billions of dollars, I believe, in your testimony,
that is being lost because we have so many people who have
disabilities who are not employed. We passed legislation, I
think in the last 15, 20 years, that helped train the
unemployable in the area of giving them skills so they could go
out into the workplace. I think the Job Training Partnership
Act and a couple of others were incentives for industry to hire
people and train them, and I think there were tax incentives to
do that.
I do not know--maybe Ms. Watson or somebody else knows; I
cannot think of anything like that has been done to encourage
the private sector to hire people or train people with
disabilities so they could be gainfully employed. If there is
not something like that, I would be very happy to work with you
to draft legislation that I think would probably be looked upon
favorably by the entire Congress, that might help in this area.
It seems like to me that giving a tax incentive to the private
sector to train and hire people with disabilities would be a
real plus and a winner for everybody.
So if that is not the case, I would like to work with you
and others to see if we cannot come up with something like
that.
Mr. Langevin. I look forward to working with you on that,
Mr. Chairman.
Ms. Watson. May I respond? Public Law 97-142 required, I
know, school districts to provide accessibility and gave grants
to school districts; and in a way, that relates to your
question, tax incentives. They gave grants, and so maybe there
is some way we can combine that. If they are able to adjust
their facilities to make them accessible, then they could go
after a grant and receive it. Also they would get a tax credit
and they could be combined.
Maybe somebody could speak on that, who is an expert in
that area. But I do remember that particular part.
Mr. Burton. Most businessmen and -women respond to tax
incentives that save them money and make them money. And to get
a talented employee and at the same time get a tax break for
it, I think, like I said, would be a winner for everybody.
Let me just ask one or two more questions quickly.
Mr. Langevin. Mr. Chairman, if I could offer something else
too that would be helpful.
Back when the Americans with Disabilities Act was passed,
there was money within DOJ to do a public education program,
especially with employers about what is required under the ADA
and what it really means. It has been about 12 years since ADA
was passed, and I think that one of the barriers to people
hiring with disabilities is the fear about what ADA requires. I
think if there were money that was spent in helping to educate
employers about how the ADA works and it is not something that
requires an onerous burden, that would help eliminate some of
the fear of what it means to hire people--someone with a
disability, that would go a long way toward encouraging
employers to bring people with disabilities into the work
force.
Mr. Burton. Well, maybe we could look at that at the same
time we are looking at the incentive approach.
Are there other any other programs, other than what we have
just been talking about, that you have been working on, or with
other groups to push legislatively to get passed, that would
help in this area?
Mr. Langevin. Well, as cochairman of the Bipartisan
Disability Caucus, we are trying to draw attention to programs
that are working. The caucus, for example, has hosted events
highlighting the contribution of a range of discretionary
programs from the Developmental Disability Act to the Help
America Vote Act. We have also done a great deal of outreach to
educate members on the programs that have come up for
reauthorization in the last few years, such as IDEA and the
Workforce Investment Act.
Also, the programs that I mentioned earlier, programs that
I found to be beneficial to people with disabilities, today the
State assistive technology programs funded by the Assistive
Technology Act certainly played a tremendous role in promoting
awareness of and access to devices that allow individuals with
disabilities to contribute to society, and also vocational
rehabilitation programs, which are also administered through
the States, are an important tool in placing people with
disabilities into the work force.
Mr. Burton. Ms. Watson, do you have any questions?
Ms. Watson. Mr. Langevin, I would just like to have you let
us know what other kind of programs, based on barriers that are
still in the way for the disabled to find jobs--what kind of
programs do you think we ought to develop here in Congress that
might be effective?
So think about it, get back to us. I know that the tax
incentive would work, but you might want to be more specific in
terms of the barriers that you see still existing.
Mr. Langevin. Clearly, the health care and the
transportation barriers are the biggest ones to overcome, and I
think the greatest benefit would be to bring people with
disabilities into the work force. If people with disabilities
were not afraid at any time to have to worry about losing their
health care benefits, that would be a tremendous incentive to
get people off of social programs and get them out into the
workplace.
But even that needs to be coupled with programs that
provide transportation for people. It is no good to be able to
get an application in if you are not able to get back and forth
to work. So more assistance for public transportation programs
would be of great benefit. I think those are the two biggest
and most important tangible examples that I can give you.
Ms. Watson. Thank you so much.
Thank you, Mr. Chairman.
Mr. Burton. Thank you, Congressman. We really appreciate
your hard work, and we will look forward to working with you in
the future to try to solve some of these problems.
Mr. Langevin. I look forward to that, Mr. Chairman. Thank
you for the opportunity.
Mr. Burton. Thank you.
Our next panel consists of the Honorable Troy Justesen. He
is the Acting Assistant Secretary for the Office of Special
Education and Rehabilitation Services at the Department of
Education; and the Honorable Don Young, Deputy Assistant
Secretary for the Office of Health Policy for the Department of
Health and Human Services.
If you gentlemen would come forward, we would appreciate
it.
Now we do not swear in Congressmen because we understand
all Congressmen are above reproach, so we let them get away
with this, but gentlemen, we will swear you in.
So will you raise your right hands, please?
[Witnesses sworn.]
Mr. Burton. We will start with you, Mr. Justesen. Do you
have an opening statement?
Mr. Justesen. I do, Congressman.
STATEMENTS OF TROY JUSTESEN, ACTING ASSISTANT SECRETARY, OFFICE
OF SPECIAL EDUCATION AND REHABILITATION SERVICES, U.S.
DEPARTMENT OF EDUCATION; AND DONALD A. YOUNG, M.D., DEPUTY
ASSISTANT SECRETARY, OFFICE OF HEALTH POLICY, U.S. DEPARTMENT
OF HEALTH AND HUMAN SERVICES
Mr. Justesen. First of all, thank you for having me here
again before you today. It is a pleasure to be here. And,
Congresswoman, it is a pleasure to see you again.
I am the Acting Deputy Assistant Secretary for the Office
of Special Education and Rehabilitative Services within the
Department of Education. So much of what you discussed with
Congressman Langevin is directly related to the work that I
have the privilege and responsibility for implementing in the
Department of Education.
I want to frame my discussion with you today around the
President's New Freedom Initiative and how the New Freedom
Initiative is our guiding principle for providing services to
people with disabilities from birth through the life span,
because that is the challenge within the Office of Special
Education and Rehabilitation Services in the Department.
The New Freedom Initiative is the President's goal and
vision for expanding and building upon the successes of
Congress' success in special education, rehabilitation services
and basic civil rights, like the Americans with Disabilities
Act and section 504 of the Rehabilitation Act of 1973. But we
want to move and buildupon that success and that foundation.
The New Freedom Initiative [NFI], has four basic
components, and I will outline those components for you and
give you some examples about the work we are doing to improve
services for children, youth and adults with disabilities
throughout the country.
Now, NFI is basically divided into four main pillars or
components, as I call them. The first is increasing access to
assistive technologies, universally designed technologies for
individuals with disabilities.
The second is expanding educational opportunities for
children, youth and adults with disabilities.
The third is integrating these individuals, Americans with
disabilities, successfully into the work force.
And the fourth and most encompassing component of the New
Freedom Initiative is to make sure the community, community
life and accessibility is fully available to all people with
disabilities. So the fourth component is mainly the broad theme
which the other three components fall under.
Now, with respect to increasing access to assistive
technologies, universally designed technologies, the Department
administers the programs of assistive technology in our
National Institute on Disability Rehabilitation Research. We do
what Congressman Langevin alluded to, which is we implement the
Assistive Technology Act of 1998.
That act provides opportunities for State systems to change
programs and opportunities for direct loan programs for
individuals with disabilities to obtain the assistive
technology devices and services they need in order to live
independently in the communities of their choice. We are
working very closely through our partners at the State level on
making these funds available to provide low-interest and long-
term loans of affordability, so that individuals with
disabilities can purchase any device or service they need to
live independently.
That is a major achievement and one in which the
President's New Freedom Initiative builds upon, and we are
working very closely with our partners at HHS and the other
partners in the Federal agencies because the New Freedom
Initiative is the President's challenge for agencies to look
beyond the boundaries of their own programs and services and
look at ways in which we can work in partnership at the Federal
level and be a role model for State and local entities to
improve services for people with disabilities.
The President has signed an Executive memorandum, and this
is just one example of how we move technology forward for
people with disabilities. And his EM, his Executive memorandum,
challenged all of the Federal agencies to work together and
develop a cross-agency Web site that was available to all
Americans, including Americans with disabilities, to access a
single site location, a single one-stop center whereby
individuals can go to that Web site and access information
directly about any of the variety of services that people with
disabilities and their family members would need to access,
including Social Security programs, information about job
opportunities and job accommodations, about accessible
transportation and accessible housing, which continues to be a
major challenge for people with disabilities. Emergency
preparedness has become increasingly more important in recent
years, and the opportunities for expanding educational programs
and services for people with disabilities is particularly
emphasized in the Individuals With Disabilities Education Act
[IDEA], which Congresswoman Watson alluded to.
Under the President's administration, grants and programs
have received an increase of more than $3.7 billion in annual
funding, and the President has requested an additional billion
dollars in funding for the IDEA in fiscal year 2005. We are
working very closely to also provide opportunities and mesh
very well the President's No Child Left Behind Act in
elementary and secondary ed with the IDEA, which is special
education programs and services, making sure that children with
disabilities are fully integrated and provided the educational
services and benefits they need to participate in the regular
classroom environment with their peers without disabilities,
which is a very important aspect.
Now, integrating Americans with disabilities into the work
force is a profound challenge. The Department of Education is
working with its sister partners at Labor, HHS, HUD and all of
the other Federal agencies to increase the employment
opportunities for people with disabilities, because people with
disabilities are underemployed at higher rates than any other
class of people in America. The research shows it is between 50
and 70 percent. And we know from our basic research that has
been conducted with our partners in both the public and private
sector, including the National Organization on Disability, that
these rates consist primarily because of attitudinal barriers
toward the abilities of people with disabilities.
The Rehabilitation Services Administration in the
Department of Education is focused primarily on helping people
with disabilities obtain the skills, knowledge and experience
they need to fully integrate into every aspect of society,
including employment. Last year, the Rehabilitation Services
Administration, with its State partners, was successful in
finding fully integrated, gainful employment for more than
223,000 people last year.
This year, we will serve in special education at least 6.5
million young people with disabilities in this country. All of
this serves toward our greatest implementation, which is making
sure that communities of individuals with disabilities have
accessibility to the programs and services they need to live
independent, fully productive lives in the communities of their
choice.
Transportation, as the Congresswoman mentioned to you, is
one of the most key components of accessibility and access,
including employment and basic enjoyment for people with
disabilities.
In February of this year, the President challenged, through
an Executive order, all of his Federal agencies to work
together to figure out what the Federal barriers are that
currently exist in the systems and programs posing impeded
access to basic integrated transportation services for people
with disabilities. All of the Federal agencies under the New
Freedom Initiative today are working through plans to make
Federal funding and remove Federal barriers in transportation
services for people with disabilities. This is a model that we
have at the Federal level to show how well State and local
entities can provide programs and services for their children,
youth and adults with disabilities.
The NFI is designed to realize a plan for equal access and
full participation in American society for individuals with
disabilities, and that plan is for now and also for the future.
We at the Department of Education look forward to working with
our sister agencies and working even more closely on
collaboration so that we remove all of the barriers that are
posed for people with disabilities in American society.
Thank you, Congressman.
Mr. Burton. Thank you, Secretary Justesen. We appreciate
you being with us today.
[The prepared statement of Mr. Justesen follows:]
[GRAPHIC] [TIFF OMITTED] T7397.010
[GRAPHIC] [TIFF OMITTED] T7397.011
[GRAPHIC] [TIFF OMITTED] T7397.012
[GRAPHIC] [TIFF OMITTED] T7397.013
[GRAPHIC] [TIFF OMITTED] T7397.014
[GRAPHIC] [TIFF OMITTED] T7397.015
[GRAPHIC] [TIFF OMITTED] T7397.016
[GRAPHIC] [TIFF OMITTED] T7397.017
Mr. Burton. Mr. Young.
Mr. Young. Good afternoon, Mr. Chairman, members of
subcommittee. I am pleased to be here today to discuss the
Department of Health and Human Services programs for people
with disabilities.
This is an issue that President Bush took on early and
vigorously. In February 2001, he announced the New Freedom
Initiative, building on the landmark Americans with
Disabilities Act.
HHS plays a major role in addressing the New Freedom
Initiative. Our programs reflect a fundamental commitment to
promote independence and quality of life, to enable people with
disabilities to receive services in the most integrated
settings, and so to support people with disabilities in their
efforts to work.
Americans with disabilities are part of the population
served by all HHS programs; however, I will highlight here the
larger HHS programs focused on serving people with
disabilities.
Dependable, high-quality health care is a critical need.
Approximately 8 million people with disabilities qualify for
Medicaid on the basis of the SSI financial and disability
criteria. Medicare also provides health coverage for
individuals who receive Social Security disability insurance.
Approximately 6.4 million people under age 65 receive Medicare
on the basis of disability.
The Medicaid program is by far the largest public payer of
long-term support for people with disabilities. In 2003
Medicaid, paid $45 billion for nursing home services, $11
billion for institutional settings for people with mental
retardation and $28 billion for community support.
Medicaid law requires States to offer nursing home care,
but it allows States the option to provide community-based
services. In 1990, Medicaid spending for community care
represented 14 percent of Medicaid long-term care spending; in
2003, it was 33 percent. Over the past 3 years HHS has awarded
approximately $121 million in grants to States to influence and
accelerate the shift. The Real Choice Systems Change grant
program funds States and other eligible entities to make
systems changes that enable individuals with disabilities to
live in the most integrated settings possible, to exercise
meaningful choices about their lives, and to obtain quality
services. We will be awarding another $31 million this year.
One of the most promising developments is consumer-directed
models of care. The best known model of Medicaid consumer-
directed care is the cash and counseling program, which is
designed and supported by HHS and the Robert Wood Johnson
Foundation. Under this program and others like it, people who
use Medicaid personal assistance are offered individual budgets
rather than specific services. Satisfaction and quality are
high, and there is less reliance on nursing home services. HHS
promotes the use of these models through Medicaid Independence
Plus Waivers and the LIFE Accounts Initiative included in the
President's 2005 budget.
It has been estimated that the value of the free care
provided by informal caregivers exceeds $257 billion annually.
HHS supports caregivers with initiatives such as the
Administration on Aging's National Family Caregivers Support
Program, which provided $159 million this year in grants for
information, counseling, training, respite care and
supplemental services to over 500,000 caregivers.
When formal services are needed, it is critical that we
have in place a committed work force to provide high-quality
services. We address the issue with $12 million in States to
improve the recruitment, training, support and retention of
workers with an emphasis on the provision of a health care
benefit for direct service workers.
An important component of the President's New Freedom
Initiative is doing everything possible to help people with
disabilities to work. We work closely with our partners to
effectively advance the goals of the Ticket-to-Work and Work
Incentives Improvement Act of 1999, which encourages people
with disabilities to work, but to work without fear of losing
eligibility under Medicare, Medicaid and similar health
benefits. To date, we have awarded $57 million in Medicaid
infrastructure grants to 42 States and the District of Columbia
to help people with disabilities find and keep work without
losing their health benefits.
The Administration on Developmental Disabilities provided
over $140 million in grants last year to assist the Nation's
nearly 4 million people with developmental disabilities.
Support for young children with disabilities and their family
members is also important. The Maternal and Child Health
program provides funds to States to improve the health of
children with special health care needs and their families. In
2004, approximately $200 million of this Federal investment is
being allocated to community-based care for the estimated 18
million children with special health needs.
The HHS Office on Disability, created in 2002, coordinates
Department initiatives and supports the ``I Can Do It--You Can
Do It'' physical fitness program, providing mentors for
children and youth with disabilities, as well as other programs
for people with disabilities.
Many of the programs I have talked about today had their
roots decades ago. Although we continue to improve and
modernize them as individual needs and values change, working
with our State and local partners and, most importantly,
working with people with disabilities and their families, we
have come a long way. But as President Bush has stated, there
is much more to do.
We at HHS are firmly committed to meeting the President's
challenge, and I am happy to answer any questions.
[The prepared statement of Mr. Young follows:]
[GRAPHIC] [TIFF OMITTED] T7397.018
[GRAPHIC] [TIFF OMITTED] T7397.019
[GRAPHIC] [TIFF OMITTED] T7397.020
[GRAPHIC] [TIFF OMITTED] T7397.021
[GRAPHIC] [TIFF OMITTED] T7397.022
[GRAPHIC] [TIFF OMITTED] T7397.023
[GRAPHIC] [TIFF OMITTED] T7397.024
[GRAPHIC] [TIFF OMITTED] T7397.025
[GRAPHIC] [TIFF OMITTED] T7397.026
[GRAPHIC] [TIFF OMITTED] T7397.027
[GRAPHIC] [TIFF OMITTED] T7397.028
[GRAPHIC] [TIFF OMITTED] T7397.029
[GRAPHIC] [TIFF OMITTED] T7397.030
[GRAPHIC] [TIFF OMITTED] T7397.031
[GRAPHIC] [TIFF OMITTED] T7397.032
[GRAPHIC] [TIFF OMITTED] T7397.033
[GRAPHIC] [TIFF OMITTED] T7397.034
[GRAPHIC] [TIFF OMITTED] T7397.035
[GRAPHIC] [TIFF OMITTED] T7397.036
Mr. Burton. Thank you, Mr. Young. I understand that Mr.
Cummings is your Congressman, and I did not know if he had any
comments he would like to make.
Mr. Cummings. I want to thank you very much, Mr. Chairman.
Mr. Young, I want to welcome you and it is good to see you.
Mr. Chairman, if I may do my opening statement very briefly, is
that OK?
Mr. Burton. Sure.
Mr. Cummings. Mr. Chairman, I want to thank you for holding
this important hearing which will offer us greater insight into
the status of our disabled citizens, as well as present us with
an opportunity to evaluate the efficacy of disability laws that
affect these individuals.
Over 89 million people living in the United States have
some form of mental or physical disability. Yet, of these 89
million people, an overwhelming number of disabled persons are
still not enjoying equal protection under the law.
While I acknowledge the progress engendered by legislation
such as the Rehabilitation Act of 1973 and the Americans with
Disabilities Act of 1990, I still believe that more can be and
must be accomplished. Men like Robert David Hall and my
colleague, the Honorable James R. Langevin of Rhode Island,
both of whom became physically disabled after tragic accidents
and who will testify before us today, are inspirations to all
Americans, as they are fighting the good fight for health care
initiatives and legislation that will change the way we deal
with disability in these United States.
This fight is no doubt a difficult one. Recent surveys
indicate many Americans feel that they are not winning it.
Although the Rehabilitation Act, ADA, the Individuals With
Disabilities Education Act, IDEA, and other legislation were
enacted to provide our disabled citizens with legal protection
to prohibit discrimination and denial of benefits, as well as
guaranteed access to any public place and equal education, they
are still in many instances losing the battle.
In the 2004 Harris survey of ADA, 64 percent of the people
surveyed said the ADA has made no difference in their lives,
compared to 58 percent in the year 2000. This is a drop in the
level of confidence in the law specifically drafted to protect
and support this Nation's disabled persons. Even more
disconcerting is that costs were reported as the main reason
why disabled persons did not pursue the needed health care,
technologies and devices that could be helpful to them as they
integrate into mainstream society. Congress must make certain
this trend is reversed.
The Federal Government and nongovernmental organizations
must work together to expand the participation and
contributions of the disabled population by putting into place
effective processes and legislation that afford them greater
access and better representation in American society.
Finally, Mr. Chairman, the true disability is not the
physical or mental challenge that many of these citizens face,
but rather the Nation's inability to provide proper protection
that ensures the highest quality of life for all.
I look forward to hearing from our witnesses and I would
like to especially recognize one of my constituents who I am
extremely proud of, Dr. Don Young, who is the Deputy Assistant
Secretary of Planning and Evaluation of the Department of
Health and Human Services.
And I thank you, Dr. Young, for your leadership and all
that you do to enhance people's lives every day.
Mr. Chairman, I thank you for your courtesy and I would
yield back.
[The prepared statement of Hon. Elijah E. Cummings
follows:]
[GRAPHIC] [TIFF OMITTED] T7397.037
[GRAPHIC] [TIFF OMITTED] T7397.038
[GRAPHIC] [TIFF OMITTED] T7397.039
Mr. Burton. I thank you Congressman Cummings.
You heard the discussion that we had with our colleague who
was the first panelist. Have any of the agencies of government,
to your knowledge, given any consideration to tax incentives,
like we were talking about, for the private sector to hire and
train those with disabilities who are unemployed?
I mean, I understand the programs that you alluded to, both
of you, that are very beneficial and the health problems that
are connected, the health care cost problems with Medicare and
Medicaid, but if we can get more of these people gainfully
employed through the private sector, we might find that some of
them will get coverage from their employers that would help
take care of some of the benefits that are necessary.
So have any of the agencies, Health and Human Services or
the Department of Education, given any thought to suggesting
legislation that we create tax incentives for the private
sector?
Mr. Young. I am not aware that we have. It would not
necessarily be a question that would be addressed to HHS. I
certainly agree though that finding some way to assure that
people who want to work are given the help they need so that
they can find the job they need and go to work.
Mr. Justesen. Congressman, directly to answer your
question, it is an issue of some intellectual debate among some
of the agencies, particularly the Department of Labor's newly
created Office of Disability Employment Policy, that--some of
my colleagues I believe are in the audience here, and there has
been some discussion with the Rehab Services Administration of
the Department of Education about what it is that we can do to
address the existing barriers--those being, among other things,
tax incentives for specifically hiring people with
disabilities.
It is still under debate, but I do want to point out that
the Americans with Disabilities Act, under Titles I and II--
Title I being employment, II, State and local government
programs and services--both cover employment aspects, and Title
I, specifically with respect to the private sector of
employment, does provide tax incentives, both deductions and
credits, for making the buildings and facilities and job
accommodations more affordable to the private business sector.
There is a cap on those amounts of deduction/credit
depending on what it is that is used to provide either a more
accessible work environment or providing specific job
accommodations for those individuals with disabilities who
would be employed.
But I think your question is most specifically with respect
to hiring people with disabilities regardless of their need for
accessible accommodations or job accommodations. And that is an
issue that a number of us have discussed in terms of how we can
formulate proposals. And we are at the very initial stages of
being able to do that and would need a little bit more
discussion among the agencies.
Mr. Burton. Let me just say that I think that kind of a
program, probably short term and long term, would pay for
itself. If you give a tax incentive to get somebody who is
unemployed the skills necessary to perform a task and they
become a taxpayer instead of a tax recipient, then I think it
has to have a positive impact both on the individual and the
company and on the government.
The tax credit that you are giving would take money out of
the Treasury in the short run, but if the employee starts
paying taxes, you are going to get it back in the long run. And
it just seems to me that would be one of the things that we
ought to take a look at.
I understand that--did you say Title II of the Americans
with Disabilities Act talked about giving incentives for
putting in facilities that will make it accessible for
Americans with disabilities? But that does not solve the
problem of the training that might be necessary for them to do
a job, and that might be something that we can add as an
adjunct to the Americans with Disabilities Act that would be
very favorably received by the private sector as well as the
government.
And toward that end, I wish you might take a hard look at
it and maybe work with us and our colleagues who just
testified, along with Ms. Watson and myself, to see if we could
come up with a legislative proposal that would do just that.
Mr. Justesen. Well, I think we look in order to doing that.
If I may, the Rehabilitation Services Administration is making
a great deal of investments in directly providing training and
gainful employment preparation for individuals with
disabilities, and that is a State and Federal partnership. And
that is a strong foundation for us to build on what you are
suggesting.
Mr. Burton. Well, I understand, but that is a government-
subsidized program. And what I am saying is if you give a tax
incentive to the private sector, what you are doing is you are
giving them a break to train these people. It isn't costing the
government anything other than a tax deduction, and the
government is going to get that back when these people become
taxpayers and gainfully employed. So rather than have another
government program that we create that just spends money, I
would rather do it just the opposite. And that is why I would
like for to you to look at this as an additional approach.
Ms. Watson.
Ms. Watson. I just wanted to query one thing that you said.
The Federal and State partnership works through what? State
government through the Department of Education training? How is
it facilitated?
Mr. Justesen. Question, Congresswoman. With respect to
vocational rehabilitation services?
Ms. Watson. The training of the individual.
Mr. Justesen. The rehabilitation services of the Department
of Education is a State and Federal partnership. It has a very
long history, over 80 years.
Ms. Watson. Yes, I know, but it goes through the State
educational system?
Mr. Justesen. Well, it goes through the State vocational
rehabilitation agency. Sometimes they are within the State
Departments of Education, other times State Departments of
Labor or Health and Human Services, depending on the State.
Ms. Watson. They have vocational programs, but you are
talking about vocational programs through which they train the
disabled?
Mr. Justesen. They are--yes.
Ms. Watson. For vocational----
Mr. Justesen. For people with disabilities for vocational
rehabilitation services. And this is a longtime partnership
between Federal and State entities. Each State has chosen which
State office is the lead agency in a sense in a given State.
Some States it is mostly Departments of Labor or Education. But
there are others HHS or whatever appropriate State agency has
chosen to administer the rehabilitation vocational program.
Ms. Watson. I think in my State, California--and I'm going
to have my staff look it up--it is through the Department of
Rehab. And the Department of Rehab has these programs. I think
we need to do an assessment to see if they are really reaching
out to the broad spectrum of the disabled; mentally disabled as
well.
Mr. Justesen. Well, people with psychiatric disabilities
are the largest category of unemployed people who have
disabilities in America. And it is a challenge for us, and we
look forward to continuing to help State VR agencies be more
efficient and more effective than even they are today. And that
is a priority of ours in the Department of Education.
Ms. Watson. I kind of like the proposal that the Chair is
putting out there, because I was just reading something about
our budget here, and what departments were cut? Department of
Education, the Department of Rehabilitation, and so on.
So there are many, many people who won't get served. If
there is a tax incentive, then maybe the private sector can
take over, because these are kind of like entitlement programs.
And I think that we need to try other ways of funding, because
they are the first ones that get cut.
Mr. Justesen. Well, Congresswoman, I look forward to taking
back to Secretary Paige your challenge to us to provide
technical assistance to the committee to improve the employment
rates for people like myself with disabilities.
Ms. Watson. Thank you, Mr. Chairman.
Mr. Burton. Thank you very much. I don't have any further
questions, but I do appreciate your testimony. It is good to
have you back, and nice to have you with us. Mr. Young and I'm
sure Mr. Cummings appreciates you being here as well.
Our next panel consists of Mr. Alan Reich, he is president
of the National Organization on Disability; Mr. Robert David
Hall, he is the actor on CSI, Crime Scene Investigation, which
is a very popular TV show, as everybody knows; Dr. Peter
Blanck, is a professor of law at the University of Iowa College
of Law, he is the director of the Law, Health Policy and
Disability Center there; and Mr. John Register, he is the
manager of the Paralympic Academy, U.S. Paralympics, U.S.
Olympic Committee. Appreciate you all being here.
Please raise your right hands.
[Witnesses sworn.]
Mr. Burton. I think we will just go right down the line
there, I think we will start from the right and go to the left.
Mr. Reich. And if you could, since we have four panelists, keep
your statements as close to 5 minutes as possible so we can
have question and answer with you.
STATEMENTS OF ALAN A. REICH, PRESIDENT, NATIONAL ORGANIZATION
ON DISABILITY; ROBERT DAVID HALL, ACTOR, CSI: CRIME SCENE
INVESTIGATION, DOUBLE AMPUTEE; PETER BLANCK, CHARLES M. AND
MARION KIERSCHT PROFESSOR OF LAW, DIRECTOR, LAW, HEALTH POLICY
& DISABILITY CENTER, UNIVERSITY OF IOWA COLLEGE OF LAW; AND
JOHN REGISTER, MANAGER, PARALYMPIC ACADEMY, U.S. PARALYMPICS,
U.S. OLYMPIC COMMITTEE
Mr. Reich. Thank you, Mr. Chairman. And thank you to your
committee on human rights and wellness for providing this
important focus on our release today of the fourth NOD/Harris
Survey of Americans with Disabilities.
In the last 12 years, we have been doing surveys to
understand the status of people with disabilities in our
country and how we are doing in comparison with counterparts
without disabilities, and the picture that emerges today is one
of continuing concern and continuing disparity between the
situation of our 54 million Americans with disabilities and
other Americans.
I am Alan Reich, president of the National Organization on
Disability. I founded NOD in 1982, having joined the disability
community two decades earlier when I broke my neck in a diving
accident. People with disabilities want to participate and
contribute to society, to work, support our families, pay
taxes, contribute to the economy, and share in America's
blessings and opportunities, just like everyone else. To us
this means closing the gaps in the levels of participation
between people with and without disabilities in employment,
education, community life, voting, religious worship,
transportation, housing, health care. Closing these gaps is
America's disability agenda.
In the mid-1980's, while the Congress was preparing the
Americans with Disabilities Act, we began surveying to identify
and quantify these gaps and to report to the Nation on these
critical issues. We have commissioned the Louis Harris
organization now actually four times to conduct national
surveys to measure and report on these gaps. These surveys have
helped the disability community, legislators, officials of all
levels, the media, the business community and other Americans
understand the problems and opportunities for action.
So who are we, the 54 million citizens with disabilities?
After all, you are taking a snapshot today. And how are we
doing compared to other Americans?
This report identifies and defines the challenges our
minority faces in terms of the gaps in major life areas. The
survey results show that in 2004, these gaps are wide. We
remain pervasively disadvantaged in 10 key indicator areas.
In employment, only a third of people with disabilities of
working age are employed full or part time, compared to more
than three-quarters of those without disabilities; 35 percent
versus 78 percent.
In education, 21 percent of people with disabilities have
received less than a high school education, compared with only
11 percent of those without disabilities.
Socializing. People with disabilities socialize less
frequently with close friends, relatives or neighbors; 79
percent versus 89 percent.
Income. People with disabilities are far more likely to
have a household income of $15,000 or less; 26 percent versus 9
percent. Think of it, a household income of $15,000 a year.
Religious worship, 49 percent of people with disabilities
go to a place of worship at least once a month compared with 57
percent of those without disabilities.
And entertainment. People with disabilities are less likely
to go out to a restaurant, for example, at least twice a month;
66 percent versus 73 percent.
Political participation. This was based on our 2000 survey.
People with disabilities are less likely to be registered to
vote; 62 percent versus 78 percent.
Transportation. People with disabilities are twice as
likely as those without disabilities to consider inadequate
transportation a problem; 31 percent versus 13 percent.
Health care, also egregious. People with disabilities are
more than twice as likely to have gone without needed medical
care at least once in the past year; 18 percent versus 7
percent.
Life satisfaction. Not surprisingly, in light of these
other gaps, people with disabilities are much less likely to
say they are very satisfied with life in general; 34 percent
versus 61 percent.
And I might add another that we have added since we did
this survey 4 years ago, and that is emergency preparedness.
Shortly after September 11 we surveyed people with disabilities
and found that our population is less prepared, more concerned
and more anxious than the nondisabled.
Overall, this is a sorry picture. America can do better. We
must do better. There are glimmerings of hope. Over the past 18
years, several gaps have closed, notably employment, education,
income, eating out at a restaurant. In the past 4 years,
discrimination toward people with disabilities in the workplace
has decreased markedly, undoubtedly as a result of the
Americans with Disabilities Act. However, there is still a long
way to go before we can say that people with disabilities have
the same opportunities to contribute to and participate in
American life than other citizens do.
Closing these gaps as reported in today's Harris survey is
our goal, and it must be America's goal, too. I respectfully
request, Mr. Chairman, that the presentation of the survey by
Harris chairman Humphrey Taylor, who is here with us today and
that he presented earlier at the National Press Club, be
appended to my remarks and placed in the record.
Mr. Burton. Without objection, so ordered.
Mr. Reich. Thank you very much, Mr. Chairman. My
distinguished colleagues on the panel will comment on the
implications of the Harris survey findings.
NOD board member Robert David Hall is known to America as a
lead member of the Nation's top-rated television show, CSI:
Crime Scene Investigation. David, who is a double amputee, has
traveled from Hollywood to appear before you today, and we are
grateful to him.
He will be followed by Peter Blanck, also a member of the
board of directors of the National Organization on Disability,
and a professor at the University of Iowa law school, as well
as a director of its disability law center. He has published
and spoken widely on the Americans with Disabilities Act.
Again, Mr. Chairman, I would like to commend you and the
House Government Reform Subcommittee on Human Rights and
Wellness for recognizing the 54 million Americans with
disabilities who are disadvantaged and discriminated against.
You are performing a vital service by placing disabilities
squarely on the human rights agenda. As I had the opportunity
to point out recently in testimony before Congressman Tom
Lantos' Human Rights Caucus, citizens with disabilities, like
our half-billion counterparts worldwide, are the poorest, least
educated, and the most discriminated against people on our
planet. Is this not a human rights disgrace? We want to
participate fully and contribute to society just like everyone
else. Thank you, Mr. Chairman.
Mr. Burton. Thank you very much. We appreciate your
testimony and will continue to work to see if we can't make
things a heck of a lot better than they are right now.
[The prepared statement of Mr. Reich follows:]
[GRAPHIC] [TIFF OMITTED] T7397.040
[GRAPHIC] [TIFF OMITTED] T7397.041
[GRAPHIC] [TIFF OMITTED] T7397.042
[GRAPHIC] [TIFF OMITTED] T7397.043
[GRAPHIC] [TIFF OMITTED] T7397.044
[GRAPHIC] [TIFF OMITTED] T7397.045
[GRAPHIC] [TIFF OMITTED] T7397.046
[GRAPHIC] [TIFF OMITTED] T7397.047
[GRAPHIC] [TIFF OMITTED] T7397.048
[GRAPHIC] [TIFF OMITTED] T7397.049
[GRAPHIC] [TIFF OMITTED] T7397.050
[GRAPHIC] [TIFF OMITTED] T7397.051
[GRAPHIC] [TIFF OMITTED] T7397.052
[GRAPHIC] [TIFF OMITTED] T7397.053
[GRAPHIC] [TIFF OMITTED] T7397.054
[GRAPHIC] [TIFF OMITTED] T7397.055
[GRAPHIC] [TIFF OMITTED] T7397.056
[GRAPHIC] [TIFF OMITTED] T7397.057
[GRAPHIC] [TIFF OMITTED] T7397.058
[GRAPHIC] [TIFF OMITTED] T7397.059
[GRAPHIC] [TIFF OMITTED] T7397.060
[GRAPHIC] [TIFF OMITTED] T7397.061
[GRAPHIC] [TIFF OMITTED] T7397.062
[GRAPHIC] [TIFF OMITTED] T7397.063
Mr. Burton. Mr. Register.
Mr. Register. Thank you, Mr. Chairman and Congresswoman
Watson. It is great to see you again. Good afternoon, and thank
you for this time to address you today.
My name is John Register, and I am the director of the
Paralympic Academy, a national outreach program that enables
children with physical disabilities to become more active in
life.
Before I lost my leg in a freak hurdling accident, I was a
three-time All American and a graduate of the University of
Arkansas. I twice went to the Olympic trials. In 1988, I went
as a 110-meter high hurdler; and in 1992, I went as a 400-meter
hurdler. I was also a soldier in the U.S. Army.
In 1988, I went through with the hurdle, and I dislocated
my knee and severed my artery, and at that time had to really
look at life from a different point of view, from a different
perspective, and challenge some of the attitudes that I had
myself.
In the hospital room I remember one of the things I
remembered was my wife and understanding how important it was
for me to think of who I was at that moment in time. Was I
still a husband? Was I still a father? Was I still a son to my
dad? Was I still a son to my own mother? And most importantly,
as a soldier in the U.S. Army, was I still going to be
gainfully employed?
And some of the things I was thinking about really caused
an impact on my life, and I began to think of some of the
outlooks that we see. And I think what I was thinking about
then and what I think about now is of the testimony that we
have heard. It looks like a dismal picture, and 75 percent of
children with physical disabilities in the United States do not
participate in physical education programs at school or health
and wellness programs in their communities. Seventy-five
percent of people with disabilities of working age are
unemployed, as we have heard. And 56 percent of people with
disabilities get no physical activity whatsoever.
And per capita health care costs are four times greater for
people with disabilities than for those without. People with
disabilities have high rates of chronic conditions such as
diabetes, depression, high blood pressure and obesity.
When I was a long jumper at the University of Arkansas and
with one leg taking the silver medal, I jumped the sum of a
two-lane highway, 27 feet. With one leg, taking the silver
medal at the Paralympic Games, I jumped half that distance. So
I guess half a leg, half the distance.
I have seen personally the impact on health and wellness
and how that transcends to other aspects of life. The
attitudinal issues regarding disability are still a major
barrier to change. As a former Olympic-level athlete and
current Paralympic athlete, I have seen the benefits of the
Olympic and Paralympic programs and their positive impact on
attitudinal barriers. We must remove the barriers to
independent living, community integration and employment.
For example, Federal disability benefits programs assume a
person's ability to return to work or live independently is
limited. And this is in my situation. I was on my way to
officer candidate school and had to stop my progression to be a
lifer in the U.S. Army because of my physical limitation,
partly because of governmental and partly because of my own
limitations I was placing on myself.
But I think we see with the Paralympic movement how great
one's ability can be, as testimony is heard today. The U.S.
Olympic Committee, through its Paralympic Division, is
committed to addressing quality-of-life issues for people with
disabilities through the Paralympic program. As a program
director, I understand the role that the U.S. Olympic Committee
can play in addressing health and wellness issues and
attitudinal barriers.
The USOC is working with community-based organizations to
deliver programs that expand participation by people with
disabilities in health and wellness programs and increase
awareness and resources for these programs. This program is
known as the Paralympic Academy, and the key objectives of the
Paralympic Academy are to enhance and increase opportunities
for people with disabilities, develop a national message
concerning persons with disabilities, and provide incentives
and recognition for individuals and programs that have impact
on all 50 States.
It provides a cost-effective preventive health and wellness
program in the 50 States, and we will honor in this year and
every year subsequently a select group of children with
physical disabilities and coaches from all 50 States at the
National Paralympic Academy. This year we are selecting six
children, our pilot program, that will attend the games in
Athens, Greece, and we will be leaving on September 14th to
attend those games. Truly that will inspire those children once
they see that.
The U.S. Olympic Committee would like to become a stronger
partner in developing and implementing cohesive programs with
the Congress, Federal agencies and the White House; to secure
legislative amendments and ideas to fund a research study
quantifying how involvement in health and wellness programs can
impact the achievement levels in children with physical
disabilities; engage congressional leadership in supporting
adapt sports programs in your districts; and reorganizing and
creating awareness of constituents who are delivering and
participating in the health and wellness programs.
So today, I thank you very much for this opportunity to
testify before your subcommittee. The U.S. Olympic Committee
looks forward to working with Congress to expand the
participation and contribution of people with disabilities in
this country. Thank you.
[The prepared statement of Mr. Register follows:]
[GRAPHIC] [TIFF OMITTED] T7397.064
[GRAPHIC] [TIFF OMITTED] T7397.065
[GRAPHIC] [TIFF OMITTED] T7397.066
Mr. Burton. How far did you say you could go with just one?
Mr. Register. One leg, I jumped 18 feet, 4 inches.
Mr. Burton. That is pretty good.
Mr. Register. I'm that one-legged man in that butt-kicking
contest.
Mr. Burton. It is a heck of a lot further than I can, and I
don't have those limitations. But then I am only 29 years old.
Mr. Hall, when I was 20 years old, I sent a picture of
myself to Walt Disney Studios, and they haven't responded.
Could you call them?
Mr. Hall. I'll talk to Walt. Oops.
Mr. Burton. Mr. Hall, you are recognized.
Mr. Hall. Thank you very much. Good afternoon,
Representative Burton, Chairperson Burton, and Ms. Watson. I
knew you for so many years as Senator Watson, it's a great
honor to speak to you as Representative Watson, so thank you.
I am Robert David Hall, and you have heard that I play Dr.
Robbins on CSI. More importantly to these proceedings, I'm here
as a new board member of the National Organization on
Disability, and I guess most importantly I'm one of the 54
million Americans with a disability.
And with two legs and a pole, I only went 13 feet, so I'm
looking at this man in awe.
It's an honor to speak before you today. I grew up here in
Washington, and it is very nice to come home.
I'm especially grateful for the opportunity to draw
attention to the National Organization on Disability/Harris
Survey of Americans with Disabilities. To many of us who
identify ourselves as people with disabilities, the NOD/Harris
survey is the gold standard of surveys. I believe it is an
accurate snapshot of what it is like to live as a disabled.
Now, I'm not a statistician or professor or pollster, but I
have learned over the years from the various committees and
groups that I belong to that numbers and statistics are
important. We have to measure because that is what dictates
what action is taken on behalf of any group.
And while others joining me today--and Alan--can speak a
little bit more accurately on the specifics of this very
important survey, I would like to speak briefly about my
experience as a disability advocate and hands-on volunteer with
burn victims and recent amputees.
I'd like to paint a picture of myself, of course, as a
selfless humanitarian, but the truth is whatever advocacy or
volunteer work I have been involved in has given me back far
more than I have ever invested. Twenty-six years ago I was
badly burned when an 18-wheel truck ran over my car on a
California freeway. My gas tank exploded, and I was burned over
65 percent of my body. I spent months in a hospital burn ward,
and I had both my legs amputated.
Now, following that trauma, I concluded that I am not
exceptionally brave, but I am ambitious. I wanted a life, and
as an actor once told me, if you are going to pray for
something, be specific. Use lots of adjectives. I wanted not an
average life, but something out of the ordinary. I wanted to
succeed, and I didn't want disability or prejudice to stand in
my way.
Some people pitied me, and some helped me, especially my
family and friends. I also helped myself quite a bit. I learned
to use assistive technology, prosthetic limbs, hand controls
for my car. I reentered the work force, and I began to face
certain obstacles that many people with disabilities encounter.
I am a college graduate, by the way, as are many people with
disabilities. I faced accessibility issues, health care
concerns big time, and attitudinal barriers. That was foremost
among them.
I believe I have overcome many of these challenges, but I
didn't do it alone. Along the way many other people with
disabilities have fought long and hard to improve life for
their peers. From my own experience, one thing I know very well
is the cost of health care with disabilities and how
particularly important good health care is to successfully
stabilizing a disability so a person can make the most out of
their life.
This is why one section of the NOD/Harris Survey of
Americans With Disabilities that is being released today, the
section on health care, causes me some particular concern for
our community. Twenty-six percent of people with disabilities,
as you have heard already, report not filling a prescription in
the last year due to cost. Twenty-eight percent report putting
off needed health care last year due to cost. Cost has also
caused 23 percent of people with disabilities to bypass a
doctor's recommendations, compared to only 9 percent of the
nondisabled population. About a tenth of people with
disabilities say they went without needed physical or speech
therapy or mental health service last year.
It is no surprise, then, that the survey also finds people
with disabilities have a greater fear of losing their
independence. Thirty-four percent fear having to go into a
nursing home. I know many folks who know that it is cheaper to
have an attendant than to go into a nursing home. About half
all Americans with disabilities fear they will not be able to
take care of themselves or will become a burden to their
families. That's twice as great a rate of concern as for other
Americans.
People with disabilities are more worried about losing
their health insurance. Now, I'm very aware--I serve on a
couple of boards for the Screen Actors Guild--the cost of
health care is a problem to anybody in this Nation of ours. It
is especially of concern to people with disabilities.
The more severe the disability, the more intense the
concern is. For people with severe disabilities, especially
those who are not independently wealthy, independence is a
tenuous asset if it has not already been lost. The Supreme
Court's Olmstead Commission, which had its fifth anniversary
this Tuesday, and President Bush's Olmstead order have helped
us. These orders built on the rights that were secured by the
Americans with Disabilities Act passed by President Bush,
Senior, 14 years ago. And this body, I should say, not by
President Bush.
The ADA has been a milestone piece of legislation bringing
national attention to our concerns. And I commend all the
legislators and activists who made it possible, who made
possible its enactment and its enforcement.
NOD, by the way, currently supports another piece of
legislation that is pending: The Medicaid Community Attendant
Services and Support Act, which I know you are aware of,
MiCASSA. We believe that it will do much more to ensure freedom
for Americans with disabilities and their families, and I hope
these NOD/Harris survey findings will help all of our
legislators to understand how important this issue is for those
of us who are Americans with disabilities.
When I speak or visit with people that are newly disabled,
who had have just joined the disability community, I become
reenergized, and I had also become reconcerned--on a recent
visit with injured soldiers at Walter Reed Hospital, I was very
pleased to see that these young men are receiving first-class
medical care, and they are wearing the same expensive
electronic prosthetics that I am, and I hope you are, too.
Their spirit, by and large, is extremely positive, and our
country is standing by these soldiers by providing them with
the assistive technologies that is going to help them maximize
their potential.
But I am also aware that they have a different life ahead
of them. Whether you are a decorated war veteran or just an
average citizen with a disability, you have a gauntlet to run,
and as the Harris survey shows, for many, cost comes between
them and the technologies they need. The benefits of assistive
technology will not be fully realized as long as cost is a
factor keeping people with disabilities from the technologies
and devices that will help them lead fuller lives.
And then, of course, depending on the severity and time of
disability, one has some doors open, and certain other doors
close. This NOD/Harris survey does a good job of pointing out
the societal problems and highlights the real gaps we face as
disabled citizens. And in fairness--I want to keep this close
to the 5 minutes that Representative Burton asked--whether we
are labeled severely, moderately, or slightly disabled, no
matter what our mental, physical, sensory or psychiatric
disability may be, the bottom line, for me anyway, is that
there remains discrimination against people who are perceived
to be different.
I became involved in disability advocacy for several
reasons. I am a person with disability. I faced other obstacles
pursuing my career by--mainly because I think it is a colossal
waste to exclude people from contributing to society based on
their difference. I believe that with all my heart.
I mentioned earlier that I grew up in D.C. I'm a baseball
fan. I've got a Washington Senators hat from 1959 on my
bookshelf. I pray you will get a team soon. I'd like it in the
inner city, but just have a Washington Senators. The time I
left was the year Calvin Griffith took them to Minnesota, so
this town has a big part of my soul. I love baseball because it
is a lot like life. They tend to do things the way they have
always done them, and they revere tradition.
In his wonderful book, Moneyball, the author Michael Lewis
talks about the great unorthodox style used by Oakland
Athletics general manager Billy Beane. Rather than relying
strictly on old-school scouting reports and general overall
physical impressions, Billy Beane selects his ballplayers on
the basis of two very specific statistical events. It's called
sabermetrics, and they want two things out of their
ballplayers. Do you get on base? Can you get people home who
are there on base? And he doesn't look for his talent the
traditional way. You have to do those two things to be a
ballplayer on the Oakland A's. You must perform this way.
The author Michael Lewis writes: The inability to envision
a certain kind of person doing a certain kind of thing because
you have never seen someone who looks like him do it before is
not just a vice. It's a luxury. What begins as a failure of the
imagination ends as a market inefficiency: When you rule out an
entire class of people from doing a job simply by their
appearance, you are less likely to find the best person for the
job.
And I believe that. You are less likely to find the best
person for the job. I'm playing the coroner on CSI, the No. 1
show around the world, because a couple of enlightened
producers and one network executive saw past my disability and
focused on my skills as an actor. In Hollywood when I started,
they were afraid disabled people would slow the production
down. That they couldn't learn their lines, blah, blah, blah,
blah. And it is a silly business to get into unless you are an
actor, unless you really love it and are willing to jump off a
cliff.
This issue is so much bigger than my minuscule problems.
The NOD/Harris survey indicates there is a large gap in
employment between college graduates who do and do not have
disabilities. I think that is a failure of imagination. But I
think a greater number of future doctors, lawyers, CEOs, and
leaders of our country can and must come from the ranks of
Americans with disabilities. Hiring and promoting people with
disabilities is not just the right thing to do, it's the smart
thing to do, and it's good business.
I'm aware that change takes time. I'm also aware that great
things start in rooms just like these, and I thank you so much
for your time.
Mr. Burton. Thank you for that testimony. It is very, very
effective and helpful.
[The prepared statement of Mr. Hall follows:]
[GRAPHIC] [TIFF OMITTED] T7397.067
[GRAPHIC] [TIFF OMITTED] T7397.068
[GRAPHIC] [TIFF OMITTED] T7397.069
[GRAPHIC] [TIFF OMITTED] T7397.070
[GRAPHIC] [TIFF OMITTED] T7397.071
[GRAPHIC] [TIFF OMITTED] T7397.072
Mr. Burton. I might take issue with one thing you said. You
said that we ought to get the Washington Senators back. One of
the reasons that we lost the Washington Senators is because
there is only 100 of them. There are 435 of us. It should be
called the ``Washington Representatives.''
Mr. Hall. Well, they were called the Nationals at one time,
so maybe we can fix that.
Mr. Burton. Maybe we can fix this.
Mr. Blanck.
Mr. Blanck. Thank you, Mr. Chairman, for the honor to
address this committee. And I will be brief.
As a professor, I do--I teach sometimes 70 law students in
a course on Federal disability law every year, and we get these
course evaluations. And I got one back that said: If I had 1
hour to live, I would spend it in your class. Feeling proud
about that, I took it home to my wife, and she said, what is
that asterisk that I see over here? And in big print it said:
Because, Professor Blanck, your class seems like an eternity.
So I will be brief, unlike my usual style.
I want to make two central points today among the many that
have been talked about today, and they focus on meaningful
access to employment, what we mean by that, and economic
independence for people with disabilities, both areas that are
studied in the Harris poll, both areas in which I have done
some work and others have as well. So I won't belabor that
point. But I wanted to give you highlights of this area.
I think it is very relevant to the tax discussion we were
having earlier. As you know, we now have in place in a
comprehensive work force system which the Department of Labor
oversees, the Employment and Training Administration oversees,
and a core component of that system is what is called the one-
stop centers. And I want to report to you today some
encouraging news from the Harris poll about those one-stop
centers.
In fact, almost half of the people polled with disabilities
now report being aware of those one-stop centers and are
beginning to use them. This is a particularly encouraging
result, particularly given the high rates of unemployment we
have been talking about and the need to present opportunities
for the many, many qualified individuals with disabilities who
want to work.
There are other important things going on in the Department
of Labor. For example, in partnership with the Social Security
Administration, they now have a Disability Program Navigator
individual who creates these links among agencies for persons
with disabilities to get meaningful employment. And the Harris
poll, again, shows that expanding these opportunities, these
meaningful opportunities, for individuals to have work, to
train, to engage with employers is really needed.
Now, I'm skipping over some of my remarks, but this tax
area that you mentioned is crucial. It is a central area for
enhancing the employment and the integration into life for
persons with disabilities, and the 2004 Harris poll
unfortunately finds that only 1 in 10 people use these Federal
tax credits. So it is very underused. It can go to workplace
accommodations. It can go to helping small employers hire
persons with disabilities. It can go to assisting and getting
personal assistant services. So we have to do a better job of
thinking about tax policy in this regard.
Our center in Iowa has been very fortunate because we have
received a grant from NIDRR in the U.S. Department of Education
to start an aggressive campaign called TAX FACTS, and we are
partnering with HHS and the IRS to basically improve the
financial education of persons with disabilities and their
families and their employers.
Now, that goes to the second area which I will touch upon
briefly. What do we mean by this area of economic independence?
Well, the reality is you can have all the tax credits you want,
but if folks are earning $6,000 a year or $12,000 a year, just
above the poverty level, how are they going to live? What is
the incentive really to go off Federal programs?
So what our center and others have done at NOD is we have
to start thinking about how people with disabilities can
accumulate assets. We know that there is a strong program for
people in poverty in place, the AFIA Act of 1998, which is
financial education and the individual development accounts
which you guys are familiar with. Yet when we studied this IDA
program in the NOD/Harris poll, only 6 percent of people with
disabilities report having an IDA, and that is really a shame
and astounding, because we know on the TANF rolls, the welfare
programs, over 50 percent of people who are on those rolls
either have a disability or have a family member with a
disability.
And this lack of financial education and tax savviness
leads to disparities in banking relationships, in the ability
to buy stocks and bonds, in homeownership. Even though people
with disabilities own homes, particularly at older ages, at
relatively high rates, again the Harris poll shows there are
terrific disparities in people claiming what every American who
owns a home claims, and that is the mortgage deduction credit.
So there needs to be awareness and education about the tax
programs out there, and I believe that the Harris poll and
studies like it go a long way toward helping improve the dialog
about what we mean by economic independence and meaningful
employment. And I believe that more facts-based evidence is
required, as Mr. Hall and Mr. Reich have said, to measure the
outcomes of these programs on the lives of persons with
disabilities in America.
And I am under my time, so I will be very unprofessorial
and conclude there. Thank you.
Mr. Burton. Thank you very much, Doctor. We appreciate your
comments.
[The prepared statement of Mr. Blanck follows:]
[GRAPHIC] [TIFF OMITTED] T7397.073
[GRAPHIC] [TIFF OMITTED] T7397.074
[GRAPHIC] [TIFF OMITTED] T7397.075
[GRAPHIC] [TIFF OMITTED] T7397.076
[GRAPHIC] [TIFF OMITTED] T7397.077
[GRAPHIC] [TIFF OMITTED] T7397.078
[GRAPHIC] [TIFF OMITTED] T7397.079
[GRAPHIC] [TIFF OMITTED] T7397.080
[GRAPHIC] [TIFF OMITTED] T7397.081
[GRAPHIC] [TIFF OMITTED] T7397.082
[GRAPHIC] [TIFF OMITTED] T7397.083
[GRAPHIC] [TIFF OMITTED] T7397.084
[GRAPHIC] [TIFF OMITTED] T7397.085
[GRAPHIC] [TIFF OMITTED] T7397.086
[GRAPHIC] [TIFF OMITTED] T7397.087
[GRAPHIC] [TIFF OMITTED] T7397.088
[GRAPHIC] [TIFF OMITTED] T7397.089
[GRAPHIC] [TIFF OMITTED] T7397.090
[GRAPHIC] [TIFF OMITTED] T7397.091
Mr. Burton. One thing you mentioned in your statement is a
number of government agencies, Health and Human Services,
Department of Education, and others, that can and do help in
some of these areas. You did not mention the U.S. Chamber of
Commerce. Has anybody thought about talking to the Chamber of
Commerce that represents business and industry all across this
country about the possibility of tax incentives for them to
hire the disabled and get the Chamber behind this sort of
thing? Because the Chamber is a very powerful lobby here in
Washington and in the States, and it seems to me that in
addition to getting governmental entities like Health and Human
Services and the Department of Education interested in positive
changes, getting the Chamber involved would be very positive.
And I really believe that they would buy into this sort of
thing, because they and the people that they represent realize
the benefit of tax credits. I want to tell you, if you want to
talk to businessman--and I was one once a long time ago--when
you start talking about a way to get a good employee and get a
tax break at the same time, I would jump all over that. I think
most business and industry people would. And if your
organizations would reach out to the Chamber of Commerce and
talk to them about it, it might be a very positive thing and
have a positive result. And I would be very happy, and I think
Ms. Watson would probably as well, to work with you toward that
goal.
Mr. Blanck. If I may respond to that briefly. We have, in
fact, worked with the Chamber, and I have spoken there. In Iowa
we have worked with the legislature to pass a tax credit for
small businesses to hire employees with disabilities, and the
legislature set aside a subsidy of half a million dollars or
so. Iowa is relatively small compared to some of your States.
And we're excited about that we need your help and ideas. Do
you know how many employers after year one claimed that tax
credit? Three. So we're doing something wrong. The money is
there, and my sense is that we need your help to make these
programs less complicated and more accessible so small
businesses don't have to spend a lot of time and paperwork on
this stuff.
Mr. Burton. There is no question about that. The paperwork
scares the dickens out of a lot of businesspeople. But I
believe a lot of businesspeople and industry people are not
aware of some of these programs, and that is why I was talking
about the Chamber of Commerce. They do an awful lot of
education work with business and industry, and I think if
business and industry was aware of this to a greater degree,
that might be beneficial.
Mr. Blanck. Good point. Thank you.
Mr. Burton. I want to ask you a question about being an
actor. All politicians have a latent desire to, you know--have
you ever noticed how many movies we have Senators and
Congressmen walking on, and they stumble all over their dialog?
I don't know how they ever got elected, but nevertheless you
see them on all of these shows.
But I want to ask you a question. As a person with
disability, you have 60 percent burns over your body, and you
lost both of your legs, and you had a terrible time in
recovery. How difficult was it to get employment in a very
competitive field after having gone through that?
Mr. Hall. Well, thanks for asking. By the way, I feel the
same way being on your turf that you might on mine. I'm
completely awed and honored to be here, and having grown up in
D.C., I am thinking about of the Godfather and Michael Corleone
going: We run a respectable business here.
I was fortunate that I was a wild child. I worked as a
musician in my twenties, and at the time I was injured, I was
working as a disk jockey at a radio station, and this was
before anybody knew about accessibility. So after I spent my
months in the hospital, I was burning with a desire to get back
to work and to be a human being again.
That is something people with disabilities--and all
people--share. We want to be productive people. I loved my job
working on the radio, up at 5 a.m. Fortunately, I was able to
do my job in a wheelchair just as easily. I had to roll up to
the console, put my headphones on--tells you how long ago it
was--start spinning the records, and put the CDs in.
And radio is magical. It is just you and one person
listening to you in the dark. And I did quite well at it. But
as I started to heal and grow and tried to do other jobs at
other stations, they were not accessible to me physically. I
couldn't go to the bathroom there. There were a lot of
problems.
Many places had never had a disabled entertainer, a
disabled person work with them. So I was the first to be
working here or working on this TV show or that show. They did
not know what to do with me, so my job was mainly making able-
bodied people feel comfortable. And I'm past that now.
You know, I think that if we have a talent, an ability, and
it is something that society needs, people with disabilities
have the same right to the same dreams as anybody else. You
know, we have plenty of college graduates who are disabled. We
have just got to get them job interviews; and not just any job
interview, we need to get them the same quality job interviews
that Harvard kids and Princeton kids. I care about--you know, I
was not an overachiever myself, but I care about the C
students. We have C students running the country.
But I care about the--no, I'm serious. You know college
degrees, with due respect to Peter, who I met and enjoy
immensely already, we need to make sure that people that can
contribute who have disabilities get that opportunity to work.
But we need to make sure that the excellent--you know, that the
A-plus students who are disabled are moving into the highest
echelons that they can. That they don't just say, gee, I'd like
to be a lawyer. They say, I would like to be a lawyer at a top
Washington, DC, law firm. You know, this competitiveness is
what gets you ahead. And the more people with disabilities we
have in higher positions and spread out across the country, the
faster this stuff is going to change, in my opinion.
Mr. Burton. I think in summary you were very, very
determined, and you never gave up, no matter what happened.
Mr. Hall. Well, neither did you, I mean.
Mr. Burton. I know, but you overcame some severe
disabilities, and that is very admirable, but that is a quality
that ought to be communicated to everybody, but in particular
people with disabilities right now because that determination
really paid off for you.
How about you, Mr. Register? You had a tough time.
Mr. Register.
Mr. Register. I think for myself it was a very kind of
emotional time for me, and I think with my colleague Mr. Hall
here as well. But when you are a world-class athlete, and you
have an injury of that magnitude 2 years prior to the
culmination of your whole life, so to speak, it really can be
devastating. And I think for myself it was the family support
that I had that really helped carry me through, and my faith as
well.
But looking forward and kind of now to giving back with the
Paralympic Academy, one of the things that we are doing is
trying to inspire others to overcome those disabilities, those
barriers. And I think some of the things that we see as
disabilities are because of what we see, and we tend to place
limitations on persons instead of looking for what is possible.
And I was doing that with myself, and it wasn't until I was
at that Paralympic games as a swimmer--figure that one out--but
I saw a gentleman on the long jump runway doing what I did with
an artificial limb. And this man came down the long jump
runway, and everybody was clapping for him, and as he leapt
into the air, at the apex of his flight, his artificial leg
flew off. And he landed in the sand here, and his artificial
leg landed about 3 feet up in front of him. Everybody was
hushed, because no one had seen that before. I certainly hadn't
seen that before. As a long jumper in Arkansas, I never thought
one of my legs would fly off running down the track. And he
turned to one of the officials, and he said, Now, where you are
going to measure that from? From right here or from where my
artificial leg landed up there? And I thought that was an
awesome paradigm shift to have. And it really challenged me to
look at what I was limiting myself with.
And as we move forward with the Paralympic Academy and
reaching out to these children, we are also developing a
program that is affecting the lives of our servicemembers who
are coming back from Afghanistan and Iraq that have physical
disabilities. We put together a program for them, a wheelchair
basketball clinic. At first they were very apprehensive about
that, but when they got in the chair and they saw some of the
other athletes get in there, and they were banging them around
a little bit, it was on after that. The disability went totally
away, and the possibility was present with them. And I think
even though some of them may never play wheelchair basketball
again, it was a sense of freedom that I can really do whatever
I want to put my mind to do, and no one is going to stop me.
I think I saw an article in the New York Times a couple of
days ago that called these soldiers tactical athletes. And what
better way for sport to bring the world together, as we have
the Olympic and Paralympic Games coming up at the end of the
summer, to really show what is possible with humankind and that
everybody is included in that endeavor.
Mr. Burton. Thank you very much.
Ms. Watson.
Ms. Watson. Well, I am just flabbergasted listening to all
four of you, and certainly listening to Mr. Hall and Mr.
Register as to how they overcame. And I am a school
psychologist in my other life as well, and I would like to talk
to you at another time about what it took emotionally,
psychological and mentally to overcome and to achieve the
success that all of you have.
I just want to tell you about an experience. I was called
to go over to Walter Reed several months ago by a Micronesian
family. That is where I was the Ambassador, and they called on
me to come, and I went to Walter Reed. And thank you, Mr. Hall,
for mentioning Walter Reed, and Ward 57 is where the wounded
are and severely wounded.
When I got to the hospital, the son, 19-year old son, of
the family was in one of the houses where--the transition
house. And I took a look, and I immediately warned the house
mother to watch the mother and the son for suicide, because in
that culture when a male can't cope, he commits suicide. I had
five suicides on my watch. One was the President's son. So I
knew that if they didn't work with them properly, there could
be suicide.
He lost an eye, an arm, and both legs and one at the hip,
and I knew that he could not return home to an island 20,000
miles away where you go to the hospital to die. So he would
never be able to return to his native home. He would have to,
because they just didn't have the facilities there.
And I knew that we had lots of work to do, Mr. Chair, to
address the needs of these new amputees and the newly disabled
to have them fit back in to a normal or traditional life. I
don't know if we have been able to solve that one yet.
Someone visited my office and presented to me something
that looked like a credit card. And she said, I have created
this credit card that you could use at an airport, and it has a
chip in and it, and I want to ask you what you know about it.
It has a chip in it that would identify your medical provider,
would give your diagnosis, would tell of your handicap; because
this young lady was in a terrible accident and had a metal rod
in her leg, and, of course, every time she went through the
security gate, it went off. It delayed her because she would be
taken aside, wanded, and then taken to another room because
they couldn't figure it out. I know you have experienced that
time and time again.
Mr. Hall. Anything that gets me through security faster I
will walk the Hill up and down with you.
Ms. Watson. And she said it just makes traveling so
inconvenient that I do very little of it by plane.
I told her--there is a picture on it. It was just like a
credit card or a driver's license. And I said, put a thumbprint
on it, and we will see. It could be used as international
identification. It could be used as passport. It could be used
in many different ways, because there is a chip in there that
gives the pertinent information. In that, with another chip, we
could give information on--any pertinent information that we
can. This is something that I see as removing a barrier from
you. We just have to get a machine there that you can put it
into and it would say: Go through.
Mr. Hall. I applaud the security that people are doing and
the reasons they have to do it, but I'm with you,
Representative Watson. It's not about unwillingness to go
through security, but as my wife Judy, who has joined me today,
can tell you, one time I'll go through security easily because
somebody recognizes me from the show. The next time I'll go
through a 20-minute thing where they will want me to take my
prosthetic legs off and inspect them, and it is quite
humiliating.
So it is not just me. I may be an extreme example. I am
sure John has set a few off in his day, too. And most of the
time you laugh about it, but there should be some way that all
people are treated with a certain amount of respect while we
are doing the security that is necessary in these times.
Ms. Watson. Mr. Reich in the wheelchair, tell us about your
experiences.
Mr. Reich. Well, Mr. Chairman, I feel that our Harris
survey today presents a rather bleak picture, snapshot, if you
will, but I just want to say that there has been progress.
There is progress. We have identified it in several areas. And
what I have always maintained in 42 years as a person with a
disability is that if you have to have a disability, America is
the place to have it.
Mr. Hall. Amen.
Mr. Reich. I have felt very fortunate, of course. I had a
family of 4 children under 6 at the time of my injury. I had my
education actually with three master's degrees, and I was an
All American javelin thrower and All Ivy halfback in football.
And I had a very--I felt a very beautiful future ahead of me.
But I came home from the hospital, and thanks to my wife
and family and friends and all the people who have been
supportive over the years, it has been possible to make a life
that has been very rewarding.
And I would say that, you know, we can take the kind of
ideas you have expressed today, I think they are terrific, and
I am encouraged by what you suggested and challenged, if you
will, in the whole idea of providing incentives. That is what
America is all about. Leadership is--the assumption of
leadership in this country. When you take those ideas, and I
intend to--and we can cast those about and make known some of
the wonderful programs that are out there. We didn't even talk
about the Small Business Administration, the Veterans
Administration. There are programs. The problem is nobody knows
it. And we can--and sure, we can harness the Chamber of
Commerce, the National Association of Manufacturers, the AARP,
50 other major associations, get the word out there, get it
with a little encouragement, get the White House and the
President's New Freedom Initiative behind this, and really stop
talking just about what the government can do, but what the
private sector can do, what the American people can do and want
to do and will do if given the ideas, given the encouragement,
and if shown the way.
So I think I am very proud that we have been able to
provide some guidelines, suggest some problem areas, present
some challenges, and I suggest that we, the American people,
need bow our heads to no one when it comes to disability. We
are at the forefront. We started, initiated the whole United
Nations Initiative on Disability way back in the 1970's that is
continuing to have a radiating impact around the world. And we
have more to present as a beacon of hope for all mankind. So
thank God we're Americans.
Mr. Burton. I didn't know you were a javelin thrower at one
time. I've been a lifetime javelin catcher.
Mr. Reich. That can be dangerous.
Mr. Burton. Ms. Watson, do you have any more questions?
I just want to thank all of you for being here today. I see
a lot of people in the audience who are suffering from
disabilities as well. I want you to know that this hearing will
not be the end of government's looking into this. Ms. Watson
and I and others who were here earlier today will work on
initiatives to try to expand the help we can give to people
with disabilities so that they can have a better quality of
life and maybe help some of them find some real success in
their lives that they haven't realized so far. And with that,
this. I'm going to watch CSI, and if you ever need a walk-on,
call me.
Ms. Watson. And I'm going to go to the Olympics.
Mr. Burton. We stand adjourned.
[Whereupon, at 4:40 p.m., the subcommittee was adjourned.]
<all>