[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3406 Enrolled Bill (ENR)]
S.3406
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
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 a handicapped individual under the
Rehabilitation Act of 1973, that expectation has not been
fulfilled;
(4) the holdings of the Supreme Court in Sutton v. United Air
Lines, Inc., 527 U.S. 471 (1999) and its companion cases 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;
(5) the holding of the Supreme Court in Toyota Motor
Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002)
further narrowed the broad scope of protection intended to be
afforded by the ADA;
(6) 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;
(7) in particular, the Supreme Court, in the case of Toyota
Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184
(2002), interpreted the term ``substantially limits'' to require a
greater degree of limitation than was intended by Congress; and
(8) Congress finds that the current Equal Employment
Opportunity Commission ADA regulations defining the term
``substantially limits'' as ``significantly restricted'' are
inconsistent with congressional intent, by expressing too high a
standard.
(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 Air Lines, 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
Air Lines, 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'';
(5) to convey congressional intent that the standard created by
the Supreme Court in the case of Toyota Motor Manufacturing,
Kentucky, Inc. v. Williams, 534 U.S. 184 (2002) for ``substantially
limits'', and applied by lower courts in numerous decisions, has
created an inappropriately high level of limitation necessary to
obtain coverage under the ADA, to convey that it is the intent of
Congress that the primary object of attention in cases brought
under the ADA should be whether entities covered under the ADA have
complied with their obligations, and to convey that the question of
whether an individual's impairment is a disability under the ADA
should not demand extensive analysis; and
(6) to express Congress' expectation that the Equal Employment
Opportunity Commission will revise that portion of its current
regulations that defines the term ``substantially limits'' as
``significantly restricted'' to be consistent with this Act,
including the amendments made by this Act.
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;'';
(2) by striking paragraph (7); and
(3) by redesignating paragraphs (8) and (9) as paragraphs (7)
and (8), respectively.
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 (3)).
``(2) 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.
``(3) 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.
``(4) Rules of construction regarding the definition of
disability.--The definition of `disability' in paragraph (1) shall
be construed in accordance with the following:
``(A) The definition of disability in this Act shall be
construed in favor of broad coverage of individuals under this
Act, to the maximum extent permitted by the terms of this Act.
``(B) The term `substantially limits' shall be interpreted
consistently with the findings and purposes of the ADA
Amendments Act of 2008.
``(C) An impairment that substantially limits one major
life activity need not limit other major life activities in
order to be considered a disability.
``(D) An impairment that is episodic or in remission is a
disability if it would substantially limit a major life
activity when active.
``(E)(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 of the United States, 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(4)(E)(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 Amendments.--
(1) Section 101(8) of the Americans with Disabilities Act of
1990 (42 U.S.C. 12111(8)) is amended--
(A) in the paragraph heading, by striking ``with a
disability''; and
(B) by striking ``with a disability'' after ``individual''
both places it appears.
(2) Section 104(a) of the Americans with Disabilities Act of
1990 (42 U.S.C. 12114(a)) is amended by striking ``the term
`qualified individual with a disability' shall'' and inserting ``a
qualified individual with a disability shall''.
SEC. 6. RULES OF CONSTRUCTION.
(a) Title V of the Americans with Disabilities Act of 1990 (42
U.S.C. 12201 et seq.) 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) Fundamental Alteration.--Nothing in this Act alters the
provision of section 302(b)(2)(A)(ii), specifying that reasonable
modifications in policies, practices, or procedures shall be required,
unless an entity can demonstrate that making such modifications in
policies, practices, or procedures, including academic requirements in
postsecondary education, would fundamentally alter the nature of the
goods, services, facilities, privileges, advantages, or accommodations
involved.
``(g) Claims of No Disability.--Nothing in this Act shall provide
the basis for a claim by an individual without a disability that the
individual was subject to discrimination because of the individual's
lack of disability.
``(h) 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) of such section.'';
(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 of disability in section
3 (including rules of construction) and the definitions in section 4,
consistent with the ADA Amendments Act of 2008.''; and
(3) in section 511 (as redesignated by paragraph (2)) (42
U.S.C. 12211), in subsection (c), by striking ``511(b)(3)'' and
inserting ``512(b)(3)''.
(b) The table of contents contained in section 1(b) of the
Americans with Disabilities Act of 1990 is amended by redesignating the
items relating to sections 506 through 514 as the items relating to
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 (42 U.S.C. 12102)''; 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 (42 U.S.C. 12102).''.
SEC. 8. EFFECTIVE DATE.
This Act and the amendments made by this Act shall become effective
on January 1, 2009.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.