PROVIDING FOR CONSIDERATION OF H.R. 620, ADA EDUCATION AND REFORM ACT OF 2017; PROVIDING FOR CONSIDERATION OF H.R. 3299, PROTECTING CONSUMERS' ACCESS TO CREDIT ACT OF 2017; PROVIDING FOR...
James R. Langevin (Democrat, RI) \u2014 2018-2-14

as the first quadriplegic elected to Congress, I am here today not just as a Member of Congress, but as someone here with a disability--and, I hope, providing a voice for so many in our country who also have disabilities--to give my perspective on H.R. 620, the misnamed ADA Education and Reform Act. prgtoken , the Americans with Disabilities Act was passed nearly 30 years ago as an enduring promise to an entire population of Americans that discrimination on the basis of disability, including access to public accommodations, will not be tolerated. prgtoken Now there have been decades for people and organizations to understand and implement provisions of the ADA. And for those who are just learning about the ADA or who need a refresher on the law, there are many free resources that provide information and technical assistance. prgtoken The ADA provides a lifeline to so many who need access to classrooms, restrooms, businesses, restaurants, transit, and so much more. I recognize that there are some individuals who are unfairly targeted in States that have failed to protect against things like these ``drive-by lawsuits.'' prgtoken But the root of the problem is not the ADA; it is the unscrupulous lawyers who take advantage of State laws that go beyond the Federal law to permit monetary damages. Now, the ADA does not allow people to sue for compensatory or punitive damages, only injunctive relief, meaning that they solve the problem. prgtoken H.R. 620 does nothing to address the problem happening at the State level, nor does it target immoral lawyers. Instead, it sacrifices the rights of millions by reducing the impact and protections of the ADA which so many have come to depend on. It does so by creating a ``notice and cure'' regime, as it is called, that will create an obvious disincentive for ADA compliance. prgtoken The idea that addressing architectural barriers with a written notice that gives 60 days to acknowledge receipt of a complaint and then 120 days to demonstrate ``substantial progress'' in the removal of an obstruction ignores the tenets of the ADA that support an indisputable right to inclusion and respect; and it tells people with disabilities that we are not worthy of inclusion until someone is caught, and even then, a remedy is not guaranteed. prgtoken , I am grateful that the Rules Committee chose to make in order the bipartisan amendment that I will offer with my colleague and co-chair of the Bipartisan Disabilities Caucus, Representative Gregg Harper; but, to be frank, this bill should never have been reported out of the Judiciary Committee in the first place, much less to the floor. prgtoken , H.R. 620 is a blunt tool that wrongfully impedes the right of people with disabilities. If H.R. 620 passes with any kind of notice and cure period, we will return to the days when discrimination was commonplace, and it will be because elected officials voted to remove civil rights instead of protect