FACT SHEET: The Biden-Harris Administration Marks the Anniversary of the Americans with Disabilities Act

Today, President Biden signed a proclamation marking the 34^th anniversary of the Americans with Disabilities Act (ADA), the landmark civil rights law that prohibits discrimination against people with disabilities in employment, public accommodations, and state and local government services. For the more than 70 million Americans living with a disability, the ADA is a source of inclusion, participation, respect, and dignity. Under the Biden-Harris Administration, Americans with disabilities have seen historic increases in employment and earnings, while the Administration has taken significant steps to protect civil rights and promote full participation in society. The nation has made significant progress since the law was signed, but there is more work to do to live up to the promise of the ADA.
 
The Biden-Harris Administration has taken historic action to protect the rights of people with disabilities and deliver on the promise of the ADA.
 
Protecting Civil Rights

• Access to Government Services. The Administration is working to ensure full participation of people with disabilities in civic life. This spring DOJ issued a final rule under Title II of the ADA to ensure the accessibility of web content and mobile applications by state and local governments. This rule is ensuring that people with disabilities can access critical local services, like transit information and voter registration. In December, the Office of Management and Budget issued a government-wide policy to agencies to improve the federal government’s digital accessibility. This month, the General Services Administration issued a final rule to improve the accessibility of federal buildings.
• Access to Health Care. This spring, HHS issued two final rules protecting the civil rights of people with disabilities in health care and human services programs under Section 504 of the Rehabilitation Act of 1973 and Section 1557 of the Affordable Care Act. These rules ensure that all people have access to health care and human services that are safe, accessible, and free from discrimination for people with disabilities. In particular, the Section 504 rule makes it clear that medical treatment decisions may not be based on biases or stereotypes or a belief that the life of a person with a disability has less value than the life of a person without a disability.
• Dignity in Air Travel. In 2022, the Department of Transportation (DOT) issued the first-ever Airline Passengers with Disabilities Bill of Rights. Since then, DOT has delivered on these promises, including:
  • A final rule in August 2023 to increase the size and accessibility of lavatories on single-aisle aircraft, promoting freedom to travel for people with disabilities.
  • A proposed rule in February 2024 that would require airlines to provide prompt, safe, and dignified assistance to passengers with disabilities. The rule would protect travelers through new standards for airline response when wheelchairs are damaged and protect travelers and workers with new training standards for those who assist passengers with disabilities and handle wheelchairs.
• Accessible Transit. President Biden’s Bipartisan Infrastructure Law created the All Stations Accessibility Program, which has funded accessibility improvements at 111 rail stations across 11 states and will award $1.75 billion through FY26.

Promoting Community Living

• Home and Community-Based Services.  President Biden’s American Rescue Plan is helping deliver a $37 billion investment in home and community-based services (HCBS), which states are using to reduce their waiting lists and improve wages for direct care workers. In 2023, President Biden signed an Executive Order on Increasing Access to High-Quality Care and Supporting Caregivers, directing more than 50 agency actions, including to expand HCBS for veterans with disabilities, improve pay for direct support workers, and ensure access to HCBS. In April, the Centers for Medicare & Medicaid Services (CMS) issued final rules to expand and improve HCBS access, support family caregivers, and improve wages and job quality for care workers.
• Olmstead Enforcement.  Last month, HHS and the Department of Justice (DOJ) marked the 25^th anniversary of the Supreme Court decision in Olmstead v. L.C. HHS and DOJ have recently engaged in Olmstead enforcement actions to improve community integration for people with disabilities, including findings in Utah and Rhode Island. DOJ and HHS found that the states were violating the ADA by relying on segregated settings for employment, day services, and mental health care, and outlined steps the states could take to improve their services. 

Strengthening Economic Security

• Fair Wages. Since the President took office, median household income for disabled Americans has risen by over $10,000. On July 21, 2022, the U.S. AbilityOne Commission issued a final rule ensuring that workers on federal contracts within the AbilityOne Program are paid at least the full minimum wage. The Department of Labor (DOL) is conducting a comprehensive review of the Section 14(c) program, which allows employers to pay subminimum wages to certain workers with disabilities.
• Competitive Integrated Employment.  Since the President took office, Americans with disabilities have seen a historic high in employment, records in low unemployment and high labor force participation, and the number of people with disabilities in registered apprenticeships has nearly tripled, from less than 2,500 at the end of FY20 to more than 6,800 today. The Administration has taken a multi-pronged, whole-of-government approach to advancing employment opportunities for people with disabilities. In 2022, DOL issued a national plan to increase competitive integrated employment and eight federal agencies collaborated on guidance on how to leverage federal resources to promote employment. The Disability Innovation Fund, from the Department of Education’s Rehabilitation Services Administration, has invested $435 million to promote competitive integrated employment. 
• Employment Opportunity.  Since the beginning of the Administration, employment of people with disabilities in the federal government has increased 20%. The Vocational Rehabilitation program, which helps people with disabilities prepare for and obtain employment, has shown a 15 percentage point increase in those obtaining a credential and an $850 increase in median quarterly earnings after exiting the program, compared to 2020.
• Social Security. The Social Security Administration (SSA) is working to better serve Americans with disabilities. SSA is improving customer service by moving more services online and streamlining the disability application process, as well as improving program equality and reducing burden through new rules simplifying policies for Supplemental Security Income recipients who get help from family and friends.   

Improving Access to Health Care

• Addressing Long COVID.  As tasked by the President in his Memorandum on Addressing the Long-Term Effects of COVID-19, HHS established the Office of Long COVID Research and Practice, which is coordinating a whole-of-government response to the long-term impacts of COVID-19 and responding to the needs of those living with Long COVID. The National Institutes of Health (NIH) RECOVER initiative has enrolled nearly 30,000 people to help us understand Long COVID and develop treatments.
• Prescription Drug Savings. The President’s Inflation Reduction Act is helping the 7.6 million disabled Medicare beneficiaries under age 65 access $0 vaccines, insulin for $35 a month per prescription, and could save thousands with the $2,000 out-of-pocket cap on prescription drugs starting in 2025.
• Recognizing Health Disparities. On September 26, 2023, NIH announced the designation of people with disabilities as a health disparities population, which will unlock research funding into disability health disparities throughout NIH.

Improving Access to Education and Supportive Services

• Historic Investments in Students with Disabilities.  President Biden has increased annual funding by $1.4 billion for Individuals with Disabilities Education Act (IDEA) grants that support special education services for PreK-12 students since he came into office. The President has also continued to call for increased IDEA investment in each budget he has sent to Congress.
• Expanding School-based Services. Under the President’s Bipartisan Safer Communities Act, the Department of Education (ED) and HHS are working together to help schools leverage Medicaid funding to increase access to mental health and disability services in schools. On June 25, 2024, CMS announced that 18 states will receive funding to implement, expand or enhance school-based services programs.
• Leveraging Technology. In 2024, ED released the National Educational Technology Plan with strategies for closing gaps in access to technology in education. The Office of Special Education Programs released a companion Myths and Facts Surrounding Assistive Technology Devices and Services to increase understanding of IDEA’s assistive technology requirements among parents and educators.

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