Public Policy

Here we will list proposed legislation, regulations, congressional groups, caucuses, and so forth that are of particular interest to people with disabilities.

Unimpaired Rights
The House votes resoundingly to recognize civil rights for the disabled.

Washington Post, Sunday, July 6, 2008; B06

THE AMERICANS With Disabilities Act (ADA), passed in 1990, was supposed to level the playing field for the disabled. It ended up helping some more than others. If you had an incurable disease, such as epilepsy, that affected your everyday actions but could be treated with medication, you were not disabled, the Supreme Court determined, and you did not deserve the accompanying rights. That soon may change, thanks to a remarkably cooperative effort by businesses and advocates of protections for the disabled. The House recently voted overwhelmingly to expand those protections, and the Senate is expected to follow suit. Although President Bush has expressed concerns that excess litigation may ensue, he is unlikely to veto the bill, nor should he.

The ADA's ambiguous language -- a disability is an "impairment that substantially limits one or more of the major life activities" -- shackled many of the protections offered by the law and saddled the Supreme Court with a no-win choice: either limit the definition of "substantially limits" and exclude people with serious impediments, or expand the definition and provide protections for those with minor impairments whom Congress didn't intend to protect. The court has consistently chosen the former definition. The revision of the ADA should ease this dilemma.

What changed? Last year, a majority of the House supported a version of the Americans With Disabilities Restoration Act that offered more generous protections than the original one; this convinced businesses that it was in their interest to negotiate with disability groups. The compromise, which both sides find amenable, instructs the courts to broadly interpret the definition of disability but not to include every impairment under the definition. Someone with an "actual or perceived impairment" will also be able to seek damages on the basis of that impairment. For example, an applicant for airline pilot can no longer be discriminated against on the basis of eyesight, as long as he or she has corrective eyewear. Most significantly, the Restoration Act defines "substantially limits" as anything that "materially restricts" a major life activity, a distinction that will give the disabled more opportunities to seek protection without putting an undue burden on employers.

ADA Amendment Act of 2008 (previously ADA restoration act of 2007)

With the passage of the ADA, Congress intended to protect anyone who is treated less favorably because of a current, past, or perceived disability. As with other civil rights laws, Congress wanted to focus on whether an individual could prove that he or she had been treated less favorably because of a prohibited characteristic (e.g., race or sex for Title VII and disability for the ADA). Congress never intended for the courts to seize on the definition of "disability" as a means of excluding individuals with serious health conditions like epilepsy, diabetes, cancer, HIV, muscular dystrophy, and multiple sclerosis.

Yet this is exactly what has happened. Through a series of decisions interpreting the definition of "disability" narrowly, the Supreme Court has inappropriately shifted the focus away from an employer’s alleged misconduct onto whether an individual can first meet a "demanding standard for qualifying as disabled."

So in order to restore the ADA to what Congress intended that ADA Amendment Act of 2008 has been introduced. To read the proposed legislation go to: http://www.aapd.com/News/adainthe/downloads/adaaa2008.pdf

Department of Transportation Amends Air Carrier Access Act Regulations to Apply to Foreign Carriers

The Blue Dog Coalition

The fiscally conservative Democratic Blue Dog Coalition was formed in 1995 with the goal of representing the center of the House of Representatives and appealing to the mainstream values of the American public. The Blue Dogs are dedicated to a core set of beliefs that transcend partisan politics, including a deep commitment to the financial stability and national security of the United States. Currently there are 49 members of the Blue Dog Coalition including Representatives Marion Berry and Mike Ross from Arkansas. To learn more about this coalition go to http://www.house.gov/ross/BlueDogs/index.html.

The Republican Main Street Partnership (RMSP)

RMSP was founded in 1998 to promote thoughtful leadership in the Republican Party, and to partner with individuals, organizations and institutions that share centrist values. To learn more about this partnership go to http://www.republicanmainstreet.org/mission_temp.htm

Bi-Partisan Disabilities Caucus

The Bi-Partisan Disabilities Caucus was formed in the 107th Congress, and serves as a groundbreaking forum for Members of Congress and their staff to discuss the many issues affecting people with disabilities. The Primary purpose of the Caucus is to inform, educate and raise awareness on issues affecting people with disabilities. The Caucus has over 40 Members including Representative Mike Ross from Arkansas. To learn more about this caucus go to http://www.house.gov/ramstad/caucus/Disbility/disadv.htm.

Congressional Mental Health Caucus

Since 2003 the Congressional Mental Health Caucus, with over 90 Members of Congress in membership, have joined this important Caucus to discuss awareness and find solutions in a bipartisan manner on improving mental health care and its delivery to every American. To learn more about this caucus go to http://www.napolitano.house.gov/mhcaucus/members.html.

Autism Caucus

Over 180 Members of Congress from over 40 states joined this bipartisan and bicameral effort including Representatives John Boozeman and Vic Snyder from Arkansas. The goals of the bipartisan Coalition for Autism Research and Education will include, but are not limited to:

• Increasing general awareness of autism and autism spectrum disorders among Members of Congress and policy analysts in federal government;
• Educate Members of Congress on current and future research initiatives regarding autism;
• Serve as a forum where autism-related policy issues can be exchanged, debated, and discussed;
• Bring together public, private, and government entities to pursue legislative initiatives that will help facilitate advanced treatments—and ultimately a cure—for autism spectrum disorders;
• Promote all means to ease the burdens of families and loved ones affected by autism.

To learn more about this caucus go to http://www.house.gov/doyle/autism.shtml.