109 HR 6258 IH: Americans with Disabilities Act U.S. House of Representatives 2006-09-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 2d Session H. R. 6258 IN THE HOUSE OF REPRESENTATIVES September 29, 2006 Mr. Sensenbrenner (for himself, Mr. Hoyer, and Mr. Conyers) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on the Judiciary, Transportation and Infrastructure, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To restore the intent of the Americans with Disabilities Act of 1990 to more fully remove the barriers that confront disabled Americans.

1.

Short title

This Act may be cited as the Americans with Disabilities Act Restoration Act of 2006.

2.

Findings

Congress finds the following: (1)Physical and mental impairments are natural parts of the human condition as are race, gender, national origin, and sex. (2)Discrimination results when individuals with actual or perceived physical or mental impairments are met with attitudinal, societal, and physical barriers in society. (3)The use of mitigating measures by an individual does not change the fact that the individual has a physical or mental impairment, nor should the use of a mitigating measure by an individual insulate covered entities from liability for discriminatory practices and policies. (4)The Americans with Disabilities Act of 1990 has not been interpreted by the courts, including the Supreme Court, as intended by Congress. The courts have significantly limited the intended reach of the Americans with Disabilities Act, allowing many individuals with actual or perceived impairments to be subject to discrimination. (5)It is necessary to restore the intent of the Americans with Disabilities Act to fully remove the barriers that confront disabled Americans and to permit all people to fully participate in society.

3.

Disability defined

Section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102) is amended— (1)by amending paragraph (2) to read as follows: (2)

Disability

(A)

In General

The term disability means, with respect to an individual— (i)a physical or mental impairment; (ii)a record of a physical or mental impairment; or (iii)a perceived physical or mental impairment. (B)

Rule of construction

The existence of a physical or mental impairment or record or perception of a physical or mental impairment shall be determined without taking into account an individual’s use of mitigating measures or whether the impairment is episodic, short term, or long term. ; and (2)by redesignating paragraph (3) as paragraph (7) and inserting after paragraph (2) the following: (3)

Physical impairment

The term physical impairment means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin and endocrine. (4)

Mental impairment

The term mental impairment means any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. (5)

Record of physical or mental impairment

The term record of physical or mental impairment means having a history of, or having been misclassified as having, a physical or mental impairment. (6)

Perceived physical or mental impairment

The term perceived physical or mental impairment means not having an impairment as set forth in paragraph (2)(A)(i) or (ii), but being regarded as having, or treated as having, a physical or mental impairment. .

4.

Discrimination on the basis of disability

The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) is further amended— (1)in section 2(b), by striking against individuals with disabilities each place it appears and inserting on the basis of disability; and (2)in section 102(a), by striking against a qualified individual with a disability because of the disability of such individual and inserting against an individual on the basis of disability.

5.

Qualified individual

(a)

Defense

Section 103, by redesignating subsections (a) through (d) as subsections (b) through (e), respectively, and inserting before such subsection (b) (as so redesignated) the following: (a)

In general

It may be a defense to a charge of discrimination under this title that the individual with a disability alleging discrimination is not a qualified individual, as such term is defined in section 101(8). . (b)

Qualified individual

Title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.) is further amended— (1)in section 101(8)— (A)in the paragraph heading, by striking with a disability; and (B)by striking with a disability after individual both places it appears; (2)in section 102(b)(5), by striking with a disability after individual both places it appears; and (3)in section 104— (A)in subsection (a)— (i)in the subsection heading, by striking with a disability; and (ii)by striking with a disability after individual; and (B)in subsection (b), in the matter preceding paragraph (1), by striking with a disability.

6.

Rule of construction

Section 501 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201) is amended by adding at the end the following: (e)

Broad construction

In order to ensure that this Act achieves its purpose under section 2(b) of providing a comprehensive prohibition of discrimination on the basis of disability, the provisions of this Act shall be broadly construed to advance their remedial purpose. .