12 2 STA T .35 5 6PUBLIC LA W 11 0– 325 — S E PT. 25 , 200 8‘ ‘ (C)Animpa i r m e n t t h at sub stantia l l y limits o ne ma j or li f ea c ti v ity nee d 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 w ould substantially limit a major life activity when active. ‘‘( E )(i) T he determination of whether an impairment substantially limits a major life activity shall be made without re g ard to the ameliorative effects of mitigating measures such as — ‘‘( I ) medication , medical supplies, e q uipment, 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 o x ygen therapy equipment and supplies
‘‘(II) use of assistive technology; ‘‘(III) reasonable accommodations or auxiliary aids or services; or ‘‘(I V ) 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) C ONF O RMI N G AM E N D MEN T .—The Americans with Disabil- ities Act of 19 9 0 ( 42U . S .C. 12101 et seq.) is further amended by adding after section 3 the following
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‘ SEC.4 . AD D IT I ON A L DE F INITIONS. ‘‘As used in this Act: ‘‘(1) A UX I L I A R Y AID S AND SER V I C ES.—The term ‘auxiliary aids and services’ includes— ‘‘(A) qualified interpreters or other effective methods of ma k ing aurally delivered materials available to individ- uals 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 P uerto R ico, G uam, American Samoa, the Virgin Islands of the United States, the Trust Territory of the Pacific Islands, and the Commonwealth of the N orthern M ariana Islands.’’. (c) AMENDMENT TO T H ETA B LE OF CONTENTS.—The table of contents contained in section 1(b) of the Americans with Disabilities 42USC1 21 03.
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