Providing for Consideration of H.R. 3195, ADA Amendments Act of 2008

PROVIDING FOR CONSIDERATION OF H.R. 3195, ADA AMENDMENTS ACT OF 2008 -- (House of Representatives - June 25, 2008)

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Mr. SESSIONS. Mr. Speaker, I want to thank the gentlewoman, my friend from Ohio, for yielding me the time to discuss this proposed rule for consideration of the Americans with Disabilities Restoration Act of 2007. And a hearty congratulations to the new Democrat majority for their openness as we celebrate the 58th closed rule, a new record for the United States Congress.

Mr. Speaker, I rise in support of the underlying legislation, which would amend and improve the Americans with Disabilities Act, or ADA as it is called, that was enacted into law in 1990 by President George Herbert Walker Bush with the strong bipartisan support of Congress.

The ADA--which was passed to, and I quote, provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities--protects individuals from discrimination in hiring, firing, pay, and other terms and conditions of employment on the basis of a person's disability.

Often referred to as the world's first comprehensive disability anti-discrimination law, the ADA specifies what employers, government agencies, and the managers of public facilities must do to ensure that persons with disabilities have the opportunity to fully participate in our society.

The ADA consists of three major titles protecting Americans with disabilities:

Title I prohibits discrimination in public or private employment;

Title II prohibits discrimination at public entities, like public universities or hospitals;

And title III prohibits discrimination at places of public accommodations like hotels and restaurants.

Mr. Speaker, this law has made a world of difference for millions of Americans with disabilities. But, for all of the great results that have come from this law, I believe it can still be improved. For far too long, our Federal courts, including the Supreme Court, have wrestled with some of the contents of Congress' intent in defining the ADA key concepts.

For example, the ADA requires employers to make reasonable accommodations to facilitate employees with disabilities but not if this causes undue hardship, leaving the courts to decide what is reasonable and what is undue. Most of all, Federal courts have spent years being puzzled over exactly who is considered disabled under the law. But, today, we have the opportunity to pass this legislation and to clarify Congress' intent, finally settling these outstanding questions of law once and for all, or so we hope.

I want to be clear that these shortcomings do not in any way minimize the great things that this legislation has achieved for disabled people in America. Today, many public accommodations like hotels, restaurants, and recreation facilities have opted for voluntary compliance. We have cut curbs, the areas where sidewalks slope down, to be at a level of the street to allow easy passage for wheelchairs and for other mechanisms that aid the disabled, which were virtually unheard of before ADA was passed and that now are in compliance in most major cities.

Unfortunately, since 1999, several U.S. Supreme Court decisions have narrowly provided the definition of disabilities so much so that persons with serious conditions, such as epilepsy, muscular dystrophy, cancer, diabetes, and cerebral palsy have been determined to not have impairments that meet the definition of ``disability'' under the ADA.

H.R. 3195 builds upon the ADA's original intent by clarifying what disabilities qualify an individual for coverage, and they address a number of the statute's further limitations that have been raised by disability advocates.

Because of this ambiguity, today, I join with more than 250 of my colleagues in supporting this legislation, which passed out of the Judiciary Committee by unanimous consent and out of the Education and Labor Committee by a vote of 43-1. Like my colleagues, I support expanding the definition of ``disabled,'' which was the main goal of this legislation, as well supporting to ensure that people with disabilities do not lose their coverage under the ADA because their condition is manageable and treatable with medication.

These policies have been endorsed by the U.S. Chamber of Commerce, the National Association of Manufacturers, the Society for Human Resource Management, the Human Resources Policy Association, and many other pro-business organizations.

From the disability community, this legislation was also supported by the National Epilepsy Foundation, the American Diabetes Association, the American Association of People with Disabilities, and other leading advocacy groups.

Mr. Speaker, the ADA has transformed the American society since its enactment, helping millions of Americans with disabilities to succeed in the workplace and making transportation, housing, buildings, services, and other elements of daily life more accessible to individuals with disabilities.

I applaud my colleagues for bringing this legislation, an important action, to the floor today, and I look forward to its passage.

I reserve the balance of my time.

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