[Congressional Record Volume 154, Number 145 (Friday, September 12, 2008)]
[Senate]
[Page S8475]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           AMERICANS WITH DISABILITIES AMENDMENTS ACT OF 2008

  Mr. ENZI. Mr. President, I rise today to voice my support for S. 
3406, The Americans with Disabilities Amendments Act of 2008. Like the 
original ADA, this legislation is the result of extensive bipartisan 
effort; and I would take this opportunity to commend Senators Hatch and 
Harkin for their leadership on this issue. I would also note that this 
legislation was supported by a wide range of stakeholder groups in the 
employer and disability communities. These groups participated 
extensively in the development and negotiation of this legislation and 
it can safely be said that without their participation this bill would 
not be a reality today.
  S. 3406 was principally crafted as a response to a number of Court 
cases that many observers felt had interpreted the ADA too narrowly, 
and, therefore, denied coverage to individuals that the statute was 
originally intended to cover. The legislation clarifies the legislative 
intent. It retains the inherently functional definition of disability 
from the original ADA; and continues to require that in order for a 
physical or mental impairment to rise to the level of a covered 
disability it must substantially limit one or more of an individual's 
major life activities.
  Ensuring that individuals with disabilities are free from 
discrimination, and fostering their full inclusion in the workplace and 
in all other aspects of life are singularly important goals and 
responsibilities. It is also equally important to continually monitor 
our laws, and, as we do today, amend them, to make certain these goals 
and responsibilities are met.
  Whenever changes are made in existing law, however, we must be 
mindful of the likelihood of increased litigation in the aftermath of 
such changes. The drafters of S. 3406 have attempted to be as clear as 
possible in an effort to avoid the type of confusion that could spawn 
such excessive litigation. That said, we are not unmindful of the 
concerns expressed by some smaller businesses in this regard. Those 
businesses should recognize that this legislation was intended to 
ensure restored coverage for individuals that all of us recognize are 
entitled to the law's protection; and that the legislation was not 
intended to promote litigation or prop up questionable or frivolous 
claims of coverage. Just as Congress has monitored the original ADA and 
acts today to correct problems with its interpretation, it will 
continue to monitor the amended ADA and take action in the event it is 
abused.
  I would also note that there have been some concerns expressed by 
both institutions of higher education and boards of professional 
certification that this bill would somehow change the fundamental 
nature of the service which a covered entity provides or lower the 
standards for professional certification. As to the latter, it should 
be expressly noted that nothing in the legislation affects the 
standards for professional certifications; and, as to the former, the 
legislation itself does not require that accommodations be extended 
where to do so would alter the fundamental nature of the services being 
provided. These would seem to be fair safeguards against the legitimate 
concerns expressed by some stakeholders.
  The legislation that we pass today will hopefully help to aid in the 
full integration of those with disabilities into all aspects of 
society. It is an important piece in the strategy for achieving this 
end, but we must remember it is only a piece and cannot be the only 
strategy. Despite the existence of the ADA the workforce participation 
levels for individuals with disabilities have remained unacceptably 
low. We therefore need to think of approaches beyond the traditional 
enforcement of rights statutes in an effort to achieve the goal of the 
full participation of all our citizens in the benefits of our society 
and economy.

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