Second Generation Biofuel Producer Tax Credit Act of 2009

I thank the gentleman from Colorado for yielding.

Speaker Langevin, I congratulate you on taking the podium. I congratulate you on your extraordinary service to the people of Rhode Island and the people of our country. And I congratulate you for being an example of the can-do spirit that has made America such a great country.

Mr. Speaker, I am so pleased to be here on this, the 20th anniversary of the adoption of the Americans with Disabilities Act. I'm particularly pleased to be here on the floor with my former colleague and my lifetime friend Tony Coelho of the State of California. Tony Coelho was the Whip on our side of the aisle for a number of years, elected into that position very shortly after he took his seat in the Congress of the United States. He is a person of extraordinary ability, extraordinary energy, extraordinary focus, and extraordinary accomplishment.

But early in his life, he fell off, in a farming accident, a tractor and injured his head. As a result of that traumatic injury, he became an epileptic. And because of that, his lifetime dream of becoming a priest was not available to him. That was something of a great trauma, again, to him.

However, he overcame that, came to Congress, and has made his life's work opening up America to those who had been discriminated against, to those who had been shut out, to those for whom the pursuit of happiness was made either impossible or very difficult by the barriers and prejudice that existed.

Twenty years ago today, the first President Bush signed the Americans With Disabilities Act. I was proud to help pass that legislation. But much more, I was proud to see our country come together to rededicate itself to the principles of equal opportunity, irrespective of race or color, national origin, religion, or any other arbitrary distinction, including disability.

The ADA made it possible for Americans with disabilities to use the same public spaces that so many of us take for granted and to succeed as their talent and drive allows them to. Fifty million Americans have gone through the doors of equal opportunity that are open. When I first heard that figure, it sounded awfully high to me because I thought about disabilities being somebody who, like Mr. Langevin, as a result of an accident had been forced to use a wheelchair for mobility purposes. I was used to thinking of disability as somebody who used a cane because they had no sight or somebody who used a hearing aid because their hearing was diminished or nonexistent.

Helen Keller, of course, taught us a great and powerful lesson about overcoming disabilities. But I learned quickly that so many of us have a disability that nobody else sees. Mr. Coelho is on the floor. If I asked you to identify Mr. Coelho by his disability you'd be unable to do so because it's not apparent. But the prejudice with respect to his disability was in fact very present.

So the Americans With Disabilities Act not only dealt with actual, visual impairments, but also perceived impairments.

We know that those doors are not all the way open, however. We strengthened the act in 2008, and today it is our job to live up to its enduring principles, whether it's making the House rostrum wheelchair accessible--thank you, Madam Speaker, for your leadership on making sure that Jim Langevin, our colleague, who has the ability to preside, has the accessibility of the rostrum so that he can exercise that ability. That's what the Disability Act was all about.

I thank my colleagues that helped to make the ADA possible. Tony Coelho, of course, in the House was our leader, our spark plug, our visionary, and he enlisted many of the rest of us to assist in this effort. The disability community who fought so hard, who showed so much courage, who spent so much time to let Members of Congress know the discrimination to which they were subjected.

I believe that this act is an act which will continue to make America a better country, it will continue to make America a country that is in fact living out the core of its principle, which is equal opportunity for all under the law.

I want to thank a number of people, some of whom we will see further today. Mr. Markey, who was so critical on the communications issue. I want to thank my friend Jim Sensenbrenner, who sits on the floor here, who was a leader on the Judiciary Committee, a critical component of the passage of the Americans With Disabilities Act. I want to thank my friend Steve Bartlett, who himself was a Member of Congress--not now-- but was my partner in coordinating the various committees and subcommittees and worked together with me in an absolutely nonpartisan--it wasn't bipartisan. It had nothing to do with party or politics; it had to do with our country's principles.

I want to thank Augustus Hawkins, who was chair of the Education and Labor Committee; Major Owens; Matthew Martinez; Steve Bartlett, whom I mentioned; Congressman Fawell. I want to thank John Dingell, who chaired the Energy and Commerce Committee; Edward Markey, the chair of the Telecommunications Subcommittee; Tom Luken; Norm Lent; Bob Whittaker; Matt Renaldo; Glen Anderson, who was the chair of the Public Works Committee; Robert Roe, ranking Democrat; and Norm Mineta.

Every time you see a bus that's accessible or train station that's accessible or an airplane that's accessible, remember Norm Lent. Remember Norman Mineta as well, who made that possible. And that was very difficult because there was a cost associated to it, and we wanted to make sure that it was a reasonable cost to be imposed. But we knew that in the long run, that investment would pay off for America.

I want to thank John Paul Hammerschmidt as well; Jack Brooks chaired the Judiciary Committee at that time; Don Edwards; Bob Castermire; Hamilton Fish; and, of course, Jim Sensenbrenner. There are many, many others.

This resolution recognizes the adoption of a bill 20 years ago. Jim Langevin is the living, breathing, participating example of how that statute made a difference.

Not just for Jim Langevin but for all of us who will benefit from the contribution that the Jim Langevins of America will make, and we ought to be proud in America that this bill is now an example to all the world and has been used as a model by many nations in the world that they have followed to

make their societies more accessible and make the lives of those with disabilities fuller and more productive

There is much that remains to be done. Those with disabilities still are more likely to live in poverty. Those with disabilities are still more likely not to be able to get a job. Those with disabilities are still confronted with a lack of access to some facets of our society.

So as we recognize this anniversary, as the President tonight will honor the 41st President of the United States, George Bush, and his son who signed the Amendment Act, so both President Bushes have played a role in making accessibility a reality in America. So as we celebrate this day, let us recommit ourselves as our Founding Fathers talked about equality of opportunity and as we have seen for the 200-plus years of the existence of our constitutional democracy, that periodically we've had to take steps to make sure that the promise of opportunity was the reality of opportunity.

So, Speaker Langevin, congratulations to you. Congratulations to our country. Congratulations to our citizens as we all work together to make this a more perfect union.

Mr. Speaker, I rise in strong support of H. Res. 1504, a resolution recognizing and honoring the 20th anniversary of the enactment of the Americans with Disabilities Act (ADA). I am proud to cosponsor this important legislation, introduced by the distinguished Majority Leader (Mr. Hoyer).

On July 26, 1990, upon signing this landmark civil rights law, President George H. W. Bush stated that the ADA ``promises to open up all aspects of American life to individuals with disabilities-- employment opportunities, government services, public accommodations, transportation, and telecommunications.'' As we celebrate 20 years since its enactment, we have an opportunity to reflect on the successes of the ADA.

The ADA has helped to expand and enhance opportunities for over 50 million Americans with disabilities by removing barriers to employment and essential services. Thanks to the public accommodations required by the ADA, individuals with disabilities are able to more fully participate in our society, and to enjoy the freedom that comes with independent living and economic self-sufficiency.

Congress included transportation-specific requirements in the 1990 Act because accessible transportation services ensure that all Americans with disabilities can enjoy extraordinary freedom of mobility. Without reliable transportation, many individuals with disabilities would not be able to access the significant public accommodation improvements that have occurred in cities and towns across the country as a result of the ADA. Specifically, the ADA required public transit systems, passenger rail systems, and over-the- road bus operators to modify their vehicles and facilities to make them accessible to individuals with disabilities.

Congress set an aggressive timeline for public transit vehicles and facilities to achieve ADA compliance. One month after enactment of the ADA, all new trains and buses were required to be constructed as fully ADA compliant; any refurbishing of buses or trains that took place one month after enactment had to include ADA retrofits. Three years after enactment, all readily achievable key subway, commuter rail, and light rail station alterations were to be completed in order to bring these systems into substantial compliance with the ADA. As of today, every single key transit station is required to have been retrofitted to be in full compliance with ADA.

The Committee on Transportation and Infrastructure has been vigilant in its oversight of the implementation of the transportation requirements of the ADA. The majority of our nation's public transit systems have met their ADA requirements. According to the Government Accountability Office (GAO), only 36 percent of transit buses in urban areas were ADA compliant in 1989, but that number rose to 97 percent in 2005, and is closer to 100 percent today. While this marks good progress, more needs to be done to ensure that any public transit systems that are not fully accessible are brought into compliance as soon as possible.

In the 110th Congress, the Committee on Transportation and Infrastructure advanced H.R. 3985, the ``Over-the-Road Bus Transportation Accessibility Act of 2007'' to ensure that motorcoach accessibility regulations promulgated by the Department of Transportation (DOT) in 1998 were being implemented. DOT had failed to enforce its own regulations for a decade, based on an interpretation that any enforcement must be carried out by the Department of Justice. However, the Department of Justice does not conduct vehicle inspections and did not have a mechanism to identify operators who were out of compliance. H.R. 3985, which was signed by the President on July 30, 2008, closed this loophole and prohibited DOT from granting registration authority to a motorcoach company who is not willing and able to comply with the accessibility regulations and gave DOT express enforcement authority.

In the 110th Congress, the Committee on Transportation and Infrastructure also advanced legislation to help Amtrak, our national passenger railroad, to come into compliance with the ADA. The Passenger Rail Investment and Improvement Act of 2008 (Public Law

110-432) required Amtrak to conduct an evaluation of the condition of Amtrak's stations and its plan for making them readily accessible and usable by persons with disabilities and fully compliant with the ADA. The law also authorized funding for Amtrak to improve the accessibility of facilities, including rail platforms and services, and required the Federal Railroad Administration to monitor and conduct periodic reviews of Amtrak's compliance with the ADA.

In FY 2008, Amtrak provided intercity passenger rail service to a record number of 28.7 million passengers across 46 States over a 21,095 mile network owned by freight railroads, commuter railroads, governmental authorities, and Amtrak. Amtrak provided service to 515 stations; 481 of those stations are required to be ADA-compliant by July 26, 2010. In 2008, however, Amtrak announced that it would not be able to meet the legislative deadline for compliance with the ADA. Instead, the railroad presented a plan for coming into compliance over the next five years, and has requested additional funds to implement this plan for FY 2010 and again this year. Since releasing that plan, however, Amtrak has determined that funding may not be the main source of concern. Rather, Amtrak continues to face challenges in defining what work is necessary to comply with the ADA and in forming work agreements with its partners--the freight railroads, commuter railroads, and governmental authorities--at each station, some of which Amtrak does not own. As Chairman of the Transportation and Infrastructure Committee I find this news distressing, and I intend to hold a hearing this fall to determine what is blocking Amtrak from coming into full compliance with the ADA.

Finally, in 2008, this body passed H.R. 3195, a bill to restore protections for a wide range of individuals with disabilities (such as those with epilepsy, diabetes and cancer) by overturning judicial decisions that had narrowed the scope of the ADA as intended by Congress. I was pleased that the Committee on Transportation and Infrastructure played a role in shepherding these important amendments through the House, which were signed by the President on September 25, 2008.

The modifications made by Congress since 1990 have strengthened the original Act. We must continue to aggressively monitor the implementation of the ADA and subsequent amendments to ensure that all Americans are granted access and equality under the law.

I commend the distinguished Majority Leader for his tireless work over the last 20 years on behalf of Americans with disabilities, and I urge my colleagues to support H. Res. 1504.

Mr. Speaker, my good friend and colleague, Mr. Langevin, I rise to support H. Res. 1504, commemorating the ADA.

Mr. Speaker, you are the embodiment of what the ADA meant to accomplish. To accomplish the great mission of America, to widen the circle of opportunity for more and more Americans to participate in the American Dream. Your service in Congress exemplifies the rawest elements of the American Dream, the potential that exists when we are lifted by what we believe in ourselves rather than what we are told by others.

That spirit of possibility also represents the best of America itself. However daunting appear the challenges that loom before us, we must not forget that our Nation was built on possibility and founded on the principles of overcoming overwhelming obstacles. The true strength of our Nation is derived not only from the fact that we are the most diverse Nation in the world, but we are also the most inclusive Nation in the world.

In much of the world, minority populations continue to be persecuted and discriminated against. Yet in America, people exercise their right guaranteed under the Constitution and the 1965 Voting Rights Act to cast their ballot for Barack Obama, who received more votes from more Americans than any other previous Presidential candidate in American history.

It's nearly 50 years ago that my uncle entered the White House, and among the many challenges he issued to the American people was the Civil Rights Act. The true strength of our Nation is not derived only from the fact that that is our big challenge, but that we must keep it going forward.

He said, ``The heart of the question is whether all Americans are to be afforded equal rights and equal opportunities, whether we are going to treat our fellow Americans as we want to be treated. If, in short, he cannot enjoy the full and free life which all of us want, then who among us would be content to have the color of his skin changed,'' or, in this case, to have the physical condition that they are in changed and abide by that situation that they are living in. As he goes on, ``Who among us would be content with the counsels of patience and delay?''

With this anniversary of the ADA, perhaps it's timely to think about all the new ranks of those with disabilities, our returning veterans suffering from TBI and PTSD. I will never forget the day we passed the mental health parity bill. The most eloquent speech that I heard that day was given by none other than the man in the rostrum, Jim Langevin. He came down to the floor of the House. He said to his colleagues, All of you see my disability; I am in a wheelchair.

But for millions of Americans, the disability they face is no less paralyzing in their lives. This disability comes in the form of a neurological disorder, a brain illness. To them, they have a very real disability, but we don't treat it as such. That's why we need to pass legislation prohibiting discrimination against the mentally ill.

Jim Langevin carried the day on that mental health parity bill. I will always be grateful for that.

Today, we stand at the new frontier, as my uncle said, of the possibility of scientific breakthrough to help our veterans through their traumatic brain injury and their posttraumatic stress disorder. I say that the new challenge of the disability movement is not to stand by with the patience and delay that too many of us have witnessed when it comes to research.

Now, research can seem something esoteric, but research isn't esoteric to someone who is paralyzed in a wheelchair, who is looking forward to the day when we can regenerate the spinal cord and allow them to step out of that wheelchair. Research, to someone with Alzheimer's, for them to be able to restore their memory and restore their ability to come back to their family, that's as personal as it gets. Research that allows us to reconnect the wirings in the brain for a family who has children with autism.

Neil Armstrong, in his famous quote when he landed on the Moon--an objective that no one thought was realistic when President Kennedy made the challenge earlier that decade. They thought it was impossible. But the United States got behind that mission, and we carried the day because we are the United States.

How fitting it would be if we could apply Neil Armstrong's quote to not only putting a man on the Moon, but apply that quote, ``One small step for man; one giant leap for mankind,'' to those veterans when it comes to them being able to say, I stepped out of my wheelchair. I was able to step out of my bed. I was able to step out of my house because this country went ahead with science. Nothing is more personal.

In about 3 weeks, I am going to celebrate, in a sense, my father's life once again--the anniversary of his passing. What people don't know is that I marvel at the fact that I had an extra year with my dad that no one had expected because a neurosurgeon gave me that year. To me, that neurosurgeon and modern science gets as personal as it can get, because it gave me someone I loved for an extra year.

Ladies and gentlemen, let's harness the innovation technology that we have on behalf of our veterans. If we don't have an urgency on behalf of them to work to set them free from being prisoners of their war injuries, held hostage from their trauma of serving this country, then what are we going to get worked up for?

Ladies and gentlemen, I want to thank people like Jim Langevin who have fought the fight and been an example. Isn't it time we continue to stand by them and continue that fight? Let's pass this resolution, but let's rededicate ourselves to taking this fight not only to helping make sure people don't fall behind, but also making sure that they move forward to a brighter future, something that they can look forward to. That's what America has been all about.

Thank you, Jim. It's been an honor to serve with you. I look forward to many years ahead of your serving this great country of ours.

Mr. Speaker, I rise in support of House Resolution 1504, recognizing and honoring the 20th anniversary of the enactment of the Americans with Disabilities Act of 1990.

Heralded at its signing in 1990 as an ``emancipation proclamation for people with disabilities,'' the goals of the ADA are lofty and embody core principles that have made this nation great--equality of opportunity, independence, and integration.

Through broad non-discrimination directives aimed at employers, government entities, and places of public accommodation--and requirements of reasonable accommodation and modification that are designed to dismantle architectural and societal barriers--the ADA has transformed our world.

Some of those changes are visible--lifts on buses, elevators in subway stations, power-assisted and wider doors, designated parking spots, curb cuts, and closed-captioning. Others are not so visible, but are powerfully important nonetheless.

These less-visible changes--the slow breakdown of disabling stereotypes, myths, prejudice, and stigma--are also happening because of the increased access and opportunity made possible by the ADA. As we witness and benefit from the contributions of family members, colleagues, and neighbors with disabilities, outdated and misguided beliefs are challenged and changed.

While we still have a long way to go, our passage of the ADA Amendments Act of 2008 is yet another mark of our progress on this front. Through the ADA Amendments Act, we responded to the Supreme Court's unduly narrow interpretation of the definition of ``disability'' and reaffirmed our commitment to focusing on abilities-- the ability to do a job, to participate in programs, services, or activities, or to thrive in a community-based setting--rather than the severity of our limitations.

Our collaboration on the ADA Amendments Act of 2008, which was passed by an overwhelming majority of the House, illustrates an enduring bipartisan commitment to achieving the full civil rights for Americans with disabilities.

Thus, as House Resolution 1504 recognizes, we have much to celebrate on this twentieth anniversary of the ADA's enactment. Yet as it also reminds us, we have not reached the finish line, and much work remains.

We must continue working to end the unnecessary institutionalization of people with disabilities. Just last week, the House Judiciary Subcommittee on Constitution, Civil Rights, and Civil Liberties, which I chair, heard testimony from Casandra Cox as part of our hearing to commemorate the ADA's twentieth anniversary. Ms. Cox was placed in an adult home following a short hospitalization. Despite her requests for assistance in finding an appropriate community-based placement, Ms. Cox remained in that home for nearly three years until she was able-- through persistence and good luck in being selected for a state pilot program--to find a community-based placement where she has thrived.

The ADA's promise of integration and independence should not depend on persistence or on luck.

More than 10 years ago, in Olmstead v. L. C., the Supreme Court declared that unnecessary institutionalization violates the ADA and that the states must ensure that individuals receive services in the least restrictive setting possible. Yet thousands of individuals who can and should receive services in community-based settings remain warehoused in large institutions.

This remains true despite the fact that former residents are thriving in supportive settings at costs that are lower than, or equal to, the costs of institutional care.

Work to make public transit systems and brick and mortar structures accessible also remains unfinished. Twenty years after the ADA required readily achievable changes to existing structures and set out standards for new buildings, many brick and mortar facilities remain inaccessible. And while we have made great strides in our public transit systems, significant gaps and ongoing problems remain. Continued non-compliance with Titles II and III of the ADA is inexcusable. While we should continue to pursue proposals that promote voluntary compliance, like the Department of Justice's Project Civic Access, we should rightly reject measures--like the ADA Notification Act--that threaten the ADA's promise of access and integration.

Even as we press forward to ensure greater access to physical places, and programs and services, we cannot lose sight of the need to ensure that evolving technologies are also accessible. In the twenty years since the ADA's passage, technology has revolutionized the way we work, learn, shop, and socialize. While these advances ultimately may offer individuals with disabilities unprecedented access and opportunities, we have yet to see that full potential realized.

During a hearing in April focusing on access to emerging technology as a civil rights issue under the ADA held by my Subcommittee, we urged the Department of Justice to issue regulations and additional guidance to achieve greater compliance with the ADA's equal access obligations with regard to the internet and other evolving technologies. Immediately following the Constitution Subcommittee's ADA Anniversary hearing last week, where we once again pressed the Department of Justice to issue clarifying regulations, the Department issued an advanced notice of proposed rulemaking regarding website accessibility. This is welcome news and will ensure that individuals with disabilities are not left behind as greater numbers of businesses, schools, and public entities rely upon this technology to communicate and to provide goods and services to the public.

As we continue working on these and other challenges that lie ahead, I urge you to join me in celebrating the progress that we have achieved--and in affirming our enduring and bipartisan commitment to achieving the ADA's full promise--by voting for passage of House Resolution 1504.

Mr. Speaker, I would like to take this opportunity to recognize and commemorate the twentieth anniversary of the Americans with Disabilities Act (ADA).

In 1990, then-President George H.W. Bush signed the Americans with Disabilities Act into law. It was the most significant federal civil rights legislation since the Civil Rights Act of 1964 and the Voting Rights Act of 1965, both signed by President Lyndon Johnson. And overall it has been a tremendous success.

The ADA was enacted to protect individuals with disabilities from being discriminated against in employment, public entities and transportation, public accommodations, and telecommunications. It created a promise of inclusion and equal opportunity, so that all Americans can live up to their full potential, encouraging and enabling individuals with disabilities to participate in the social and economic fabric of American life. As a result of the ADA, millions more people with disabilities are working, living independently, and actively using public accommodations that so many of us take for granted.

But it was not the first legislation to do so.

Mr. Speaker, in the early 1980s, when I was a member of the Virginia General Assembly, sixty-four disability organizations formed a coalition known as INVEST--INsure Virginians Equal Status Today--to pass a state statute in Virginia to protect individuals with disabilities from discrimination. I was a Member of the Senate Committee on General Laws, the Committee that considered the legislation, and we dealt with many of the central issues that needed to be addressed, such as what constitutes a reasonable accommodation. We worked through all of those issues, and the Virginians with Disabilities Act was signed into law by former Gov. Charles S. Robb in 1985.

Today the Act protects nearly one million residents of the Commonwealth of Virginia. This Act acknowledged that ``it is the policy of the Commonwealth to encourage and enable persons with disabilities to participate fully and equally in the social and economic life . . .'' and it protects Virginians with disabilities from discrimination in employment, education, housing, voting, and places of public accommodation. It preceded the federal Americans with Disabilities Act by five years, and many of the key concepts in the Virginia statute formed the basis of the ADA. The landmark Virginians with Disabilities Act is the Commonwealth's commitment to encourage persons with disabilities to participate fully in the social and economic life of the Commonwealth.

Five years later, the Americans with Disabilities Act of 1990 was enacted to protect all Americans against discrimination on the basis of disability.

Mr. Speaker, I am proud that 20 years later we are able to look back upon the passage of the federal Americans with Disabilities Act and recognize the importance of this legislation and the changes it has made in American society. But our work is not yet done. The law is stable yet it cannot stand still; it must continue to evolve. On this 20th anniversary of the ADA, while we acknowledge the progress we have made, we must also examine the challenges that still remain. We must continue to revisit the ADA and to examine whether it is accomplishing its purpose to the fullest extent possible, and when we find that it is not, we must be willing to make the changes necessary to do so.

One recent example of this willingness occurred last Congress when we passed the Americans with Disabilities Amendments Act of 2008, which was signed into law by President George W. Bush and became effective on January 1st, 2009. The ADA Amendments Act restored the ADA to Congress' original intent by clarifying that coverage under the ADA is broad and covers anyone who faces unfair discrimination because of a disability, and it overturned several court decisions that held that people with disabilities would lose their coverage under the ADA simply because their condition is treatable with medication or can be addressed with the help of assistive technology.

That legislation was the direct result of the business and disability communities working together to rectify a problem that was created by the courts. It is my hope that this kind of commitment, determination and cooperation will continue into the future until we have broken down all barriers to individuals with disabilities.

Today, we break another barrier, because Congress has taken a step toward greater accessibility by making the House rostrum wheelchair accessible for the first time. I would like to recognize my friend and colleague, Congressman James R. Langevin, who today presided over the House Floor as Speaker Pro Tempore, as is his right and honor as a member of Congress.

It is my hope that we will continue to break down barriers in the Halls of Congress, on Main Street U.S.A., and throughout the world.