HR 3195 PCS 
tion 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 substan-
tially limited in performing a major life activity 
under the ADA ‘‘an individual must have an impair-
ment that prevents or severely restricts the indi-
vidual from doing activities that are of central im-
portance 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 fol-
lows: 
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‘‘(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 discrimina-
tion;’’; and 
(2) by striking paragraph (7). 
SEC. 4. DISABILITY DEFINED AND RULES OF CONSTRUC-
TION. 
(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 ac-
tivities of such individual; 
‘‘(B) a record of such an impairment; or 
‘‘(C) being regarded as having such an im-
pairment (as described in paragraph (4)). 
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‘‘(2) SUBSTANTIALLY LIMITS.—The term ‘sub-
stantially limits’ means materially restricts. 
‘‘(3) MAJOR LIFE ACTIVITIES.— 
‘‘(A) IN GENERAL.—For purposes of para-
graph (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, di-
gestive, bowel, bladder, neurological, brain, res-
piratory, circulatory, endocrine, and reproduc-
tive functions. 
‘‘(4) REGARDED AS HAVING SUCH AN IMPAIR-
MENT.—For purposes of paragraph (1)(C): 
‘‘(A) An individual meets the requirement 
of ‘being regarded as having such an impair-
ment’ if the individual establishes that he or 
she has been subjected to an action prohibited 
under this Act because of an actual or perceived 
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