Legislative Updates

From Jean Jones
DVR/DVS Legislative Information Representative

2009 ~ 2008 ~ 2007

September 12, 2008

ADA Corrections Bill is One Step Closer to Enactment

Many of you have already heard that on September 11th the U.S. Senate approved S. 3406, its version of the Americans with Disabilities Act Amendments of 2008. Unlike the House bill (H.R> 3195), the Senate bill leaves out a clarifying provision that would define the phrase "substantially limits" as meaning "materially restricts." This elaboration on the meaning of "substantially limits" was put into the House bill to address business community calls for more clarity about when a disability may fall under ADA protections.

The Senate bill passed on a unanimous voice vote. Next the House must approve the Senate version of the bill - or both houses must agree on a final version - and then the bill will go to the President. With very strong support in both houses of Congress, it looks like this legislation could well become law, and soon.

For more information on the latest developments on this legislation, read below.


--------------------------------------------------------------------------------

From the National Rehabilitation Association:

To: The National Rehabilitation Association's Legislative Network

From: Patricia Leahy, Interim Executive Director/Director of Government Affairs and Public Policy

Re: U.S. Senate Passes S. 3406, the ADA Amendments Act of 2008

Date: Friday, September 12, 2008

For those who read on the run, this Washington Wire deals exclusively with the unanimous passage yesterday, September 11, 2008, in the United States Senate of S. 3406, the ADA Amendments Act of 2008.

The Senate vote, which occurred under Unanimous Consent (UC), follows the U.S. House of Representatives' June 2008 passage of its version of the bill, H.R. 3195, on an impressive roll call vote of 402-17.

We are attaching immediately below the bipartisan Press Release by Senators Tom Harkin (D.IA.) and Orrin Hatch (R.UT.) issued yesterday upon the passage of this much-anticipated legislation.

The Senate bill is similar to the House bill, which was introduced and shepherded through the House by Majority Leader Steny Hoyer (D.MD.) and Congressman Jim Sensenbrenner (R.WI.). The Senate bill, like the House bill, reinstates the original Congressional intent of the landmark civil rights law, the Americans With Disabilities Act (ADA) in extending protections to individuals who use hearing aids, prosthetic limbs or take medication to treat disabilities.

Senator Harkin is quoted in today's Congress Daily as saying: "This bill is about restoring the ADA to where we intended it to be 18 years ago and to give clear instructions to the Court."

Senator Orrin Hatch is quoted as saying: "The Supreme Court did what it thought was right, but it was wrong. And we had to correct it."

"The legislation is intended to nullify those cases and clarify Congress' intent in writing the original ADA in 1990," said Harkin. Senator Harkin has called the court decisions "an absolute absurdity" and said the decisions forced people to choose between taking medications that enabled them to work and maintaining the protection of the ADA."

"People who were denied coverage under the ADA will now be covered, and we'll get rid of that Catch-22 situation that confronts so many people," said Senator Harkin.

The Senate bill would classify any condition that limits a major life activity as a disability regardless of whether or not it was treatable with medication or technology. It updates the definition of a major life activity to include conditions that limit bodily function such as that of the immune system, circulatory system or the brain.

The Senate bill is slightly different than the House bill in one very significant regard. Under current law, a disability is defined as a physical or mental condition that 'substantially' limits one or more major life activities. The House bill would have included a condition that MATERIALLY RESTRICTS one or more major life activities.

The Senate bill is headed back to the the U.S. House of Representatives where it could be considered on the Floor as early as next Wednesday under Suspension of the Rules, according to House Majority Leader Steny Hoyer, who sponsored the House bill along with others. Although Majority Leader Hoyer accepted this change, he cautioned that the change could weaken the bill's implementation. Stating his caution, Congressman Hoyer said "I'm not as confident that the Supreme Court can't somehow misconstrue it."


--------------------------------------------------------------------------------

Senators Harkin and Hatch's Press Release follows immediately below.
United States Senate
WASHINGTON, DC
FOR IMMEDIATE RELEASE
Thursday, September 11, 2008
Contact: Jennifer Mullin (Harkin) 202-224-3254
Mark Eddington (Hatch) 202-224-5251

HARKIN, HATCH MEASURE FULFILLING PROMISE OF AMERICANS WITH DISABILITIES ACT PASSES SENATE UNANIMOUSLY

Legislation responds to Supreme Court decisions that narrowed the definition of disability

WASHINGTON, D.C. - Senators Tom Harkin (D-IA) and Orrin Hatch (R-UT) today announced that the Senate had approved by unanimous consent a bill that would clarify the law's intent and ensure that all Americans with disabilities are protected from discrimination. The bill will need to be acted upon by the House of Representatives before being sent to the President's desk.

The Senate bill is similar to bipartisan legislation introduced in the House by Majority Leader Steny Hoyer and Congressman Jim Sensenbrenner that passed by a 402-17 margin this summer.

Considered to be one of the landmark civil rights laws of the 20th century, the ADA was designed to protect any individual who is discriminated against on the basis of disability. The law was passed with overwhelming bipartisan support and was signed into law by President George H.W. Bush.

Since the ADA became law, a series of court decisions have narrowed the category of who qualifies as an "individual with a disability," contrary to Congressional intent. By raising the threshold for an impairment to qualify as a disability, these court decisions have deprived individuals of the discrimination protections Congress intended to provide.

The ADA Amendments Act would remedy this problem and restore workplace protections to every American with a disability. The bill leaves the ADA's familiar disability definition intact, but takes several specific steps to direct courts toward a more generous meaning and application of the definition. The legislation would make it easier for people with disabilities to be covered by the ADA because it effectively expands the definition of disability to include many more major life activities, as well as a new category of major bodily functions.

"With today’s vote, we have restored the promise of the ADA which was signed into law 18 years ago," said Harkin, the chief author of the original ADA. "The protections afforded under this historic law have been eroded and the result is that people with serious conditions like epilepsy or diabetes could be forced to choose between treating their conditions and forfeiting their protections under the law. That is not what Congress intended when we passed the law, and this bill is the right fix."

"This is a historic day," said Hatch. "This bill continues our ongoing effort to expand opportunities for individuals with disabilities to participate in the American Dream. Passage of the ADA Amendments Act ensures that the Americans with Disabilities Act will continue to help change lives. I'm proud to have worked with my good friend Tom Harkin in crafting this monumental bill that enjoys such strong bipartisan support."

The ADA Amendments Act enjoys strong support by advocacy groups, including most national disability organizations, 23 major veterans organizations, the U.S. Chamber of Commerce, the National Association of Manufacturers, the Society for Human Resource Management, and the Human Resources Policy Association.