The Americans with Disabilities Act (ADA) Proposed Regulations (CRS Report for Congress)
| Release Date |
Revised Feb. 3, 2009 |
| Report Number |
RS22930 |
| Report Type |
Report |
| Authors |
Nancy Lee Jones, Legislative Attorney |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
The Americans with Disabilities Act (ADA) has often been described as the most sweeping nondiscrimination legislation since the Civil Rights Act of 1964. As stated in the act, its purpose is "to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities." (42 U.S.C. §12101(b)(1)) On June 17, 2008, the Department of Justice (DOJ) issued notices of proposed rulemaking (NPRM) for ADA title II (prohibiting discrimination against individuals with disabilities by state and local governments), and ADA title III (prohibiting discrimination against individuals with disabilities by places of public accommodations). These proposed regulations are detailed and complex. They would adopt accessibility standards consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board. More specifically, the regulations include more detailed standards for service animals and power-driven mobility devices, and provide for a "safe harbor" in certain circumstances. Comments on the regulations were due by August 18, 2008. The regulations did not advance beyond the Office of Management and Budget during the Bush Administration.
On January 20, 2009, the White House issued a memorandum to the heads of executive departments and agencies stating that, with certain exceptions, no proposed or final regulation should be sent to the Office of the Federal Register unless and until it has been reviewed or approved by a department or agency head appointed or designated by President Obama. In response to this memorandum, on January 21, 2009, the Department of Justice notified the OMB of its withdrawal of the draft final rules from the OMB review process. There is considerable uncertainty regarding what form, if any, new proposed regulations would take. However, it is instructive to briefly examine the provisions of the regulations which were proposed in June 2008.
