[Congressional Record Volume 154, Number 154 (Friday, September 26, 2008)]
[Senate]
[Page S9626]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             AMERICANS WITH DISABILITIES ACT AMENDMENTS ACT

  Mr. REID. Mr. President, I rise to mark the enactment of the 
Americans With Disabilities Act amendments Act, S. 3406. Passed with 
overwhelming, bipartisan support in the Senate and House of 
Representatives, this important bill was signed into law this week. I 
am proud and honored to celebrate the occasion with my colleagues, 
particularly Senator Harkin and Senator Hatch, who worked so hard to 
craft the legislation and help guide it through Congress. The 
disability, civil rights, and business stakeholders behind this 
legislation deserve our recognition as well.
  We are all part of a nation built on the promise of equal rights, 
justice, and opportunity for everyone. Eighteen years ago, we took a 
historic step toward fulfilling that promise with the passage of the 
original Americans with Disabilities Act. Unfortunately, we didn't 
expect then that Supreme Court decisions would narrow the law's scope 
contrary to congressional intent. As a result, the lower courts have 
now gone so far as to rule that people with amputation, muscular 
dystrophy, epilepsy, diabetes, multiple sclerosis, cancer, and even 
intellectual disabilities are not disabled. The Supreme Court decisions 
further imposed an excessively strict and demanding standard to the 
definition of disability, although Congress intended the ADA to apply 
broadly to fulfill its purpose.
  The ADA Amendments Act finally rights these wrongs. For one, the new 
law directs the courts toward a broader meaning and application of the 
ADA's definition of disability. More major life activities will also be 
included in the definition of disability, so that more people with 
disabilities will be covered by the ADA. The amendments further clarify 
that the ADA covers people who use ``mitigating measures,'' such as 
medications or prosthetics, to treat their conditions or adapt to their 
disability. Otherwise, they will continue to be in a catch-22 that 
forces them to choose between managing their disabilities or staying 
protected from job discrimination. No one should have to make that 
choice.
  Thanks to the newly enacted amendments, the ADA's focus can return to 
where it should be--the question of whether the discrimination 
occurred, not whether the person with a disability is eligible in the 
first place. Simply put, the ADA Amendments Act restores the landmark 
Americans with Disabilities Act to the civil rights law it was meant to 
be.
  Mr. President, we cannot rest on our laurels as we look ahead to the 
future. Today we reaffirm the principle that discrimination based on 
disability doesn't belong in the workplace, but we cannot ignore the 
low employment rates for people with disabilities who want to work. 
They want to achieve to the best extent of their potential and enjoy 
economic self-sufficiency, but this piece of the American dream remains 
just beyond their reach. Clearly, there is still much work to be done 
if our Nation is to realize the ADA's vision of full inclusion and 
acceptance of all people.
  So let us renew our commitment to the goals and ideals of the 
Americans with Disabilities Act. I look forward to continuing this 
effort on behalf of the American people, including all those in Nevada 
and throughout the country celebrating the enactment of the Americans 
with Disabilities Act Amendments Act.

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