[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3195 Placed on Calendar Senate (PCS)]
Calendar No. 856
110th CONGRESS
2d Session
H. R. 3195
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 26, 2008
Received and read the first time
June 27, 2008
Read the second time and placed on the calendar
_______________________________________________________________________
AN ACT
To restore the intent and protections of the Americans with
Disabilities Act of 1990.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ADA Amendments Act of 2008''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) in enacting the Americans with Disabilities Act of 1990
(ADA), Congress intended that the Act ``provide a clear and
comprehensive national mandate for the elimination of
discrimination against individuals with disabilities'' and
provide broad coverage;
(2) in enacting the ADA, Congress recognized that physical
and mental disabilities in no way diminish a person's right to
fully participate in all aspects of society, but that people
with physical or mental disabilities are frequently precluded
from doing so because of prejudice, antiquated attitudes, or
the failure to remove societal and institutional barriers;
(3) while Congress expected that the definition of
disability under the ADA would be interpreted consistently with
how courts had applied the definition of handicap under the
Rehabilitation Act of 1973, that expectation has not been
fulfilled;
(4) the holdings of the Supreme Court in Sutton v. United
Airlines, Inc., 527 U.S. 471 (1999) and its companion cases,
and in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams,
534 U.S. 184 (2002) have narrowed the broad scope of protection
intended to be afforded by the ADA, thus eliminating protection
for many individuals whom Congress intended to protect; and
(5) as a result of these Supreme Court cases, lower courts
have incorrectly found in individual cases that people with a
range of substantially limiting impairments are not people with
disabilities.
(b) Purposes.--The purposes of this Act are--
(1) to carry out the ADA's objectives of providing ``a
clear and comprehensive national mandate for the elimination of
discrimination'' and ``clear, strong, consistent, enforceable
standards addressing discrimination'' by reinstating a broad
scope of protection to be available under the ADA;
(2) to reject the requirement enunciated by the Supreme
Court in Sutton v. United Airlines, Inc., 527 U.S. 471 (1999)
and its companion cases that whether an impairment
substantially limits a major life activity is to be determined
with reference to the ameliorative effects of mitigating
measures;
(3) to reject the Supreme Court's reasoning in Sutton v.
United Airlines, Inc., 527 U.S. 471 (1999) with regard to
coverage under the third prong of the definition of disability
and to reinstate the reasoning of the Supreme Court in School
Board of Nassau County v. Arline, 480 U.S. 273 (1987) which set
forth a broad view of the third prong of the definition of
handicap under the Rehabilitation Act of 1973;
(4) to reject the standards enunciated by the Supreme Court
in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534
U.S. 184 (2002), that the terms ``substantially'' and ``major''
in the definition of disability under the ADA ``need to be
interpreted strictly to create a demanding standard for
qualifying as disabled,'' and that to be substantially limited
in performing a major life activity under the ADA ``an
individual must have an impairment that prevents or severely
restricts the individual from doing activities that are of
central importance to most people's daily lives''; and
(5) to provide a new definition of ``substantially limits''
to indicate that Congress intends to depart from the strict and
demanding standard applied by the Supreme Court in Toyota Motor
Manufacturing, Kentucky, Inc. v. Williams and by numerous lower
courts.
SEC. 3. CODIFIED FINDINGS.
Section 2(a) of the Americans with Disabilities Act of 1990 (42
U.S.C. 12101) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) physical or mental disabilities in no way diminish a
person's right to fully participate in all aspects of society,
yet many people with physical or mental disabilities have been
precluded from doing so because of discrimination; others who
have a record of a disability or are regarded as having a
disability also have been subjected to discrimination;''; and
(2) by striking paragraph (7).
SEC. 4. DISABILITY DEFINED AND RULES OF CONSTRUCTION.
(a) Definition of Disability.--Section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102) is amended to read as
follows:
``SEC. 3. DEFINITION OF DISABILITY.
``As used in this Act:
``(1) Disability.--The term `disability' means, with
respect to an individual--
``(A) a physical or mental impairment that
substantially limits one or more major life activities
of such individual;
``(B) a record of such an impairment; or
``(C) being regarded as having such an impairment
(as described in paragraph (4)).
``(2) Substantially limits.--The term `substantially
limits' means materially restricts.
``(3) Major life activities.--
``(A) In general.--For purposes of paragraph (1),
major life activities include, but are not limited to,
caring for oneself, performing manual tasks, seeing,
hearing, eating, sleeping, walking, standing, lifting,
bending, speaking, breathing, learning, reading,
concentrating, thinking, communicating and working.
``(B) Major bodily functions.--For purposes of
paragraph (1), a major life activity also includes the
operation of a major bodily function, including but not
limited to, functions of the immune system, normal cell
growth, digestive, bowel, bladder, neurological, brain,
respiratory, circulatory, endocrine, and reproductive
functions.
``(4) Regarded as having such an impairment.--For purposes
of paragraph (1)(C):
``(A) An individual meets the requirement of `being
regarded as having such an impairment' if the
individual establishes that he or she has been
subjected to an action prohibited under this Act
because of an actual or perceived physical or mental
impairment whether or not the impairment limits or is
perceived to limit a major life activity.
``(B) Paragraph (1)(C) shall not apply to
impairments that are transitory and minor. A transitory
impairment is an impairment with an actual or expected
duration of 6 months or less.
``(5) Rules of construction regarding the definition of
disability.--The definition of `disability' in paragraph (1)
shall be construed in accordance with the following:
``(A) To achieve the remedial purposes of this Act,
the definition of `disability' in paragraph (1) shall
be construed broadly.
``(B) An impairment that substantially limits one
major life activity need not limit other major life
activities in order to be considered a disability.
``(C) An impairment that is episodic or in
remission is a disability if it would substantially
limit a major life activity when active.
``(D)(i) The determination of whether an impairment
substantially limits a major life activity shall be
made without regard to the ameliorative effects of
mitigating measures such as--
``(I) medication, medical supplies,
equipment, or appliances, low-vision devices
(which do not include ordinary eyeglasses or
contact lenses), prosthetics including limbs
and devices, hearing aids and cochlear implants
or other implantable hearing devices, mobility
devices, or oxygen therapy equipment and
supplies;
``(II) use of assistive technology;
``(III) reasonable accommodations or
auxiliary aids or services; or
``(IV) learned behavioral or adaptive
neurological modifications.
``(ii) The ameliorative effects of the mitigating
measures of ordinary eyeglasses or contact lenses shall
be considered in determining whether an impairment
substantially limits a major life activity.
``(iii) As used in this subparagraph--
``(I) the term `ordinary eyeglasses or
contact lenses' means lenses that are intended
to fully correct visual acuity or eliminate
refractive error; and
``(II) the term `low-vision devices' means
devices that magnify, enhance, or otherwise
augment a visual image.''.
(b) Conforming Amendment.--The Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.) is further amended by adding after
section 3 the following:
``SEC. 4. ADDITIONAL DEFINITIONS.
``As used in this Act:
``(1) Auxiliary aids and services.--The term `auxiliary
aids and services' includes--
``(A) qualified interpreters or other effective
methods of making aurally delivered materials available
to individuals with hearing impairments;
``(B) qualified readers, taped texts, or other
effective methods of making visually delivered
materials available to individuals with visual
impairments;
``(C) acquisition or modification of equipment or
devices; and
``(D) other similar services and actions.
``(2) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the Virgin Islands, the Trust
Territory of the Pacific Islands, and the Commonwealth of the
Northern Mariana Islands.''.
(c) Amendment to the Table of Contents.--The table of contents
contained in section 1(b) of the Americans with Disabilities Act of
1990 is amended by striking the item relating to section 3 and
inserting the following items:
``Sec. 3. Definition of disability.
``Sec. 4. Additional definitions.''.
SEC. 5. DISCRIMINATION ON THE BASIS OF DISABILITY.
(a) On the Basis of Disability.--Section 102 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12112) is amended--
(1) in subsection (a), by striking ``with a disability
because of the disability of such individual'' and inserting
``on the basis of disability''; and
(2) in subsection (b) in the matter preceding paragraph
(1), by striking ``discriminate'' and inserting ``discriminate
against a qualified individual on the basis of disability''.
(b) Qualification Standards and Tests Related to Uncorrected
Vision.--Section 103 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12113) is amended by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively, and inserting after subsection
(b) the following new subsection:
``(c) Qualification Standards and Tests Related to Uncorrected
Vision.--Notwithstanding section 3(5)(D)(ii), a covered entity shall
not use qualification standards, employment tests, or other selection
criteria based on an individual's uncorrected vision unless the
standard, test, or other selection criteria, as used by the covered
entity, is shown to be job-related for the position in question and
consistent with business necessity.''.
(c) Conforming Amendment.--Section 101(8) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12111(8)) is amended--
(1) in the paragraph heading, by striking ``with a
disability''; and
(2) by striking ``with a disability'' after ``individual''
both places it appears.
SEC. 6. RULES OF CONSTRUCTION.
Title V of the Americans with Disabilities Act of 1990 (42 U.S.C.
12201) is amended--
(1) by adding at the end of section 501 the following:
``(e) Benefits Under State Worker's Compensation Laws.--Nothing in
this Act alters the standards for determining eligibility for benefits
under State worker's compensation laws or under State and Federal
disability benefit programs.
``(f) Claims of No Disability.--Nothing in this Act shall provide
the basis for a claim by a person without a disability that he or she
was subject to discrimination because of his or her lack of disability.
``(g) Reasonable Accommodations and Modifications.--A covered
entity under title I, a public entity under title II, and any person
who owns, leases (or leases to), or operates a place of public
accommodation under title III, need not provide a reasonable
accommodation or a reasonable modification to policies, practices, or
procedures to an individual who meets the definition of disability in
section 3(1) solely under subparagraph (C).'';
(2) by redesignating section 506 through 514 as sections
507 through 515, respectively, and adding after section 505 the
following:
``SEC. 506. RULE OF CONSTRUCTION REGARDING REGULATORY AUTHORITY.
``The authority to issue regulations granted to the Equal
Employment Opportunity Commission, the Attorney General, and the
Secretary of Transportation under this Act includes the authority to
issue regulations implementing the definitions contained in sections 3
and 4.''; and
(3) in the table of contents contained in section 1(b), by
redesignating the items relating to sections 506 through 514 as
sections 507 through 515, respectively, and by inserting after
the item relating to section 505 the following new item:
``Sec. 506. Rule of construction regarding regulatory authority.''.
SEC. 7. CONFORMING AMENDMENTS.
Section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705) is
amended--
(1) in paragraph (9)(B), by striking ``a physical'' and all
that follows through ``major life activities'', and inserting
``the meaning given it in section 3 of the Americans with
Disabilities Act of 1990''; and
(2) in paragraph (20)(B), by striking ``any person who''
and all that follows through the period at the end, and
inserting ``any person who has a disability as defined in
section 3 of the Americans with Disabilities Act of 1990.''.
SEC. 8. EFFECTIVE DATE.
This Act and the amendments made by this Act shall become effective
on January 1, 2009.
Passed the House of Representatives June 25, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.
By Deborah M. Spriggs,
Deputy Clerk.
Calendar No. 856
110th CONGRESS
2d Session
H. R. 3195
_______________________________________________________________________
AN ACT
To restore the intent and protections of the Americans with
Disabilities Act of 1990.
_______________________________________________________________________
June 27, 2008
Read the second time and placed on the calendar