Biden-Harris Administration Commemorates 34th Anniversary of the ADA with Significant Policy Updates
Today, President Biden signed a proclamation marking the 34th anniversary of the Americans with Disabilities Act (ADA), a landmark civil rights law designed to prevent discrimination against individuals with disabilities in various areas including employment, public accommodations, and government services. The ADA has been a crucial source of inclusion, respect, and dignity for the over 70 million Americans living with disabilities. Under the Biden-Harris Administration, significant strides have been made in enhancing employment and earnings for people with disabilities, while further efforts are underway to fully realize the ADA’s promise.
Protecting Civil Rights
Access to Government Services: The Administration has issued several key rules to enhance accessibility. The Department of Justice (DOJ) has implemented a final rule to ensure state and local government web content and mobile applications are accessible, facilitating access to essential services like transit and voter registration. Additionally, the Office of Management and Budget (OMB) and the General Services Administration (GSA) have rolled out policies to improve federal digital and building accessibility.
Access to Health Care: The Department of Health and Human Services (HHS) introduced two final rules to protect the civil rights of people with disabilities in health care settings, ensuring safe and equitable access to services. Notably, the Section 504 rule emphasizes that medical treatment decisions cannot be influenced by biases or stereotypes.
Dignity in Air Travel: In 2022, the Department of Transportation (DOT) established the Airline Passengers with Disabilities Bill of Rights. Recent rules, including one in August 2023, enhance the accessibility of lavatories on aircraft and propose new standards for airline assistance and training for handling wheelchairs.
Accessible Transit: The Bipartisan Infrastructure Law has funded the All Stations Accessibility Program, which is improving accessibility at 111 rail stations across 11 states with an allocation of $1.75 billion through FY26.
Promoting Community Living
Home and Community-Based Services: The American Rescue Plan has provided a $37 billion investment in home and community-based services (HCBS). This funding helps reduce waiting lists and improve wages for direct care workers. Recent executive orders and final rules aim to expand HCBS access and support for caregivers.
Olmstead Enforcement: HHS and DOJ are actively enforcing the Olmstead v. L.C. decision to promote community integration for people with disabilities. Recent enforcement actions have identified violations related to segregated settings in Utah and Rhode Island and proposed improvements.
Strengthening Economic Security
Fair Wages: Since President Biden took office, median household income for disabled Americans has increased by over $10,000. The AbilityOne Commission's rule ensures that workers on federal contracts receive at least the minimum wage. The Department of Labor (DOL) is reviewing the Section 14(c) program, which permits subminimum wages for certain workers with disabilities.
Competitive Integrated Employment: The Administration has achieved record high employment and labor force participation for people with disabilities. Initiatives include a national plan to increase competitive integrated employment and significant investments from the Disability Innovation Fund.
Employment Opportunity: Employment of people with disabilities in the federal government has increased by 20% since the Administration began. The Vocational Rehabilitation program has shown notable improvements in credential attainment and earnings.
Social Security: The Social Security Administration (SSA) is enhancing service delivery and streamlining the disability application process, including new rules to simplify policies for Supplemental Security Income recipients.
Improving Access to Health Care
Addressing Long COVID: HHS has established the Office of Long COVID Research and Practice to address the long-term effects of COVID-19 and support those affected. The NIH RECOVER initiative is advancing research and treatment.
Prescription Drug Savings: The Inflation Reduction Act provides significant savings for disabled Medicare beneficiaries, including $0 vaccines, $35 insulin prescriptions, and a $2,000 out-of-pocket cap on drugs starting in 2025.
Recognizing Health Disparities: The NIH has designated people with disabilities as a health disparities population, unlocking research funding to address disability-related health disparities.
Improving Access to Education and Supportive Services
Historic Investments in Students with Disabilities: Annual funding for the Individuals with Disabilities Education Act (IDEA) has increased by $1.4 billion under President Biden. The Administration continues to advocate for further investment.
Expanding School-based Services: The Bipartisan Safer Communities Act supports increased access to mental health and disability services in schools, with funding announced for 18 states to enhance school-based programs.
Leveraging Technology: The National Educational Technology Plan and new guidelines from the Office of Special Education Programs aim to close technology access gaps and improve understanding of assistive technology requirements in education.
The Biden-Harris Administration remains committed to advancing the rights and opportunities for Americans with disabilities, ensuring continued progress toward the full promise of the ADA.
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