‘‘(III) reasonable accommodations or 
auxiliary aids or services; or 
‘‘(IV) learned behavioral or adaptive 
neurological modifications. 
‘‘(ii) The ameliorative effects of the miti-
gating 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 in-
tended 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— 
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‘‘(A) qualified interpreters or other effective 
methods of making aurally delivered materials 
available to individuals with hearing impair-
ments; 
‘‘(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 equip-
ment 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 Common-
wealth of Puerto Rico, Guam, American Samoa, the 
Virgin Islands, the Trust Territory of the Pacific Is-
lands, and the Commonwealth of the Northern Mar-
iana 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.’’. 
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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 dis-
ability 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 insert-
ing ‘‘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 cov-
ered entity, is shown to be job-related for the position in 
question and consistent with business necessity.’’. 
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(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 ‘‘indi-
vidual’’ 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 fol-
lowing: 
‘‘(e) BENEFITS UNDER STATE WORKER’S COMPENSA-
TION 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 be-
cause of his or her lack of disability. 
‘‘(g) REASONABLE ACCOMMODATIONS AND MODIFICA-
TIONS.—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 
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III, need not provide a reasonable accommodation or a rea-
sonable modification to policies, practices, or procedures to 
an individual who meets the definition of disability in sec-
tion 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 REGU-
LATORY 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 imple-
menting 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, respec-
tively, and by inserting after the item relating to sec-
tion 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 phys-
ical’’ and all that follows through ‘‘major life activi-
ties’’, and inserting ‘‘the meaning given it in section 
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3 of the Americans with Disabilities Act of 1990’’; 
and 
(2) in paragraph (20)(B), by striking ‘‘any per-
son who’’ and all that follows through the period at 
the end, and inserting ‘‘any person who has a dis-
ability 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. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘ADA Amend-
ments 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 rec-
ognized that physical and mental disabil-
ities in no way diminish a person’s right 
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to fully participate in all aspects of soci-
ety, but that people with physical or men-
tal disabilities are frequently precluded 
from doing so because of prejudice, anti-
quated 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 ful-
filled; 
(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, Ken-
tucky, Inc. v. Williams, 534 U.S. 184 (2002) 
have narrowed the broad scope of protec-
tion intended to be afforded by the ADA, 
thus eliminating protection for many in-
dividuals whom Congress intended to 
protect; and 
(5) as a result of these Supreme Court 
cases, 
lower 
courts 
have 
incorrectly 
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found in individual cases that people 
with a range of substantially limiting im-
pairments are not people with disabil-
ities. 
(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, con-
sistent, enforceable standards addressing 
discrimination’’ by reinstating a broad 
scope of protection to be available under 
the ADA; 
(2) to reject the requirement enun-
ciated 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 ref-
erence to the ameliorative effects of miti-
gating measures; 
(3) to reject the Supreme Court’s rea-
soning in Sutton v. United Airlines, Inc., 
527 U.S. 471 (1999) with regard to cov-
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erage under the third prong of the defini-
tion of disability and to reinstate the rea-
soning 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. Wil-
liams, 534 U.S. 184 (2002), that the terms 
‘‘substantially’’ and ‘‘major’’ in the defini-
tion of disability under the ADA ‘‘need to 
be interpreted strictly to create a de-
manding standard for qualifying as dis-
abled,’’ and that to be substantially lim-
ited in performing a major life activity 
under the ADA ‘‘an individual must have 
an impairment that prevents or severely 
restricts the individual from doing activi-
ties that are of central importance to 
most people’s daily lives’’; and 
(5) to provide a new definition of 
‘‘substantially limits’’ to indicate that 
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Congress intends to depart from the 
strict and demanding standard applied 
by the Supreme Court in Toyota Motor 
Manufacturing, Kentucky, Inc. v. Wil-
liams and by numerous lower courts. 
SEC. 3. CODIFIED FINDINGS. 
Section 2(a) of the Americans with Dis-
abilities 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 dis-
abilities have been precluded from doing 
so because of discrimination; others who 
have a record of a disability or are re-
garded as having a disability also have 
been subjected to discrimination;’’; 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 
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(42 U.S.C. 12102) is amended to read as fol-
lows: 
‘‘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 impair-
ment that substantially limits one or 
more major life activities of such in-
dividual; 
‘‘(B) a record of such an impair-
ment; or 
‘‘(C) being regarded as having 
such an impairment (as described in 
paragraph (4)). 
‘‘(2) SUBSTANTIALLY LIMITS.—The term 
‘substantially limits’ means materially re-
stricts. 
‘‘(3) MAJOR LIFE ACTIVITIES.— 
‘‘(A) IN GENERAL.—For purposes of 
paragraph (1), major life activities in-
clude, but are not limited to, caring 
for oneself, performing manual tasks, 
seeing, 
hearing, 
eating, 
sleeping, 
walking, standing, lifting, bending, 
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speaking, breathing, learning, read-
ing, concentrating, thinking, commu-
nicating 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, func-
tions of the immune system, normal 
cell growth, digestive, bowel, bladder, 
neurological, brain, respiratory, cir-
culatory, endocrine, and reproductive 
functions. 
‘‘(4) REGARDED AS HAVING SUCH AN IM-
PAIRMENT.—For purposes of paragraph 
(1)(C): 
‘‘(A) An individual meets the re-
quirement of ‘being regarded as hav-
ing such an impairment’ if the indi-
vidual establishes that he or she has 
been subjected to an action prohib-
ited under this Act because of an ac-
tual or perceived physical or mental 
impairment whether or not the im-
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pairment limits or is perceived to 
limit a major life activity. 
‘‘(B) Paragraph (1)(C) shall not 
apply to impairments that are transi-
tory and minor. A transitory impair-
ment is an impairment with an actual 
or expected duration of 6 months or 
less. 
‘‘(5) RULES OF CONSTRUCTION REGARD-
ING
THE
DEFINITION
OF
DISABILITY.—The 
definition of ‘disability’ in paragraph (1) 
shall be construed in accordance with the 
following: 
‘‘(A) To achieve the remedial pur-
poses of this Act, the definition of 
‘disability’ in paragraph (1) shall be 
construed broadly. 
‘‘(B) An impairment that substan-
tially limits one major life activity 
need not limit other major life activi-
ties in order to be considered a dis-
ability. 
‘‘(C) An impairment that is epi-
sodic or in remission is a disability if 
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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 ameliora-
tive effects of mitigating measures 
such as— 
‘‘(I) medication, medical sup-
plies, equipment, or appliances, 
low-vision devices (which do not 
include ordinary eyeglasses or 
contact lenses), prosthetics in-
cluding limbs and devices, hear-
ing aids and cochlear implants or 
other 
implantable 
hearing 
de-
vices, mobility devices, or oxygen 
therapy equipment and supplies; 
‘‘(II) use of assistive tech-
nology; 
‘‘(III) reasonable accommoda-
tions or auxiliary aids or services; 
or 
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‘‘(IV) learned behavioral or 
adaptive neurological modifica-
tions. 
‘‘(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 subpara-
graph— 
‘‘(I) the term ‘ordinary eye-
glasses or contact lenses’ means 
lenses that are intended to fully 
correct visual acuity or eliminate 
refractive error; and 
‘‘(II) the term ‘low-vision de-
vices’ means devices that mag-
nify, enhance, or otherwise aug-
ment a visual image.’’. 
(b) CONFORMING AMENDMENT.—The Ameri-
cans with Disabilities Act of 1990 (42 U.S.C. 
12101 et seq.) is further amended by adding 
after section 3 the following: 
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‘‘SEC. 4. ADDITIONAL DEFINITIONS. 
‘‘As used in this Act: 
‘‘(1) AUXILIARY
AIDS
AND
SERVICES.— 
The term ‘auxiliary aids and services’ in-
cludes— 
‘‘(A) 
qualified 
interpreters 
or 
other effective methods of making au-
rally delivered materials available to 
individuals 
with 
hearing 
impair-
ments; 
‘‘(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 ac-
tions. 
‘‘(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.’’. 
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(c) AMENDMENT
TO
THE TABLE
OF CON-
TENTS.—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 fol-
lowing 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 ‘‘dis-
criminate’’ 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 redesig-
nating subsections (c) and (d) as subsections 
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(d) and (e), respectively, and inserting after 
subsection (b) the following new subsection: 
‘‘(c) QUALIFICATION STANDARDS AND TESTS 
RELATED
TO UNCORRECTED VISION.—Notwith-
standing section 3(5)(D)(ii), a covered entity 
shall not use qualification standards, employ-
ment 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: 
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‘‘(e) BENEFITS UNDER STATE WORKER’S COM-
PENSATION 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 per-
son who owns, leases (or leases to), or oper-
ates a place of public accommodation under 
title III, need not provide a reasonable accom-
modation or a reasonable modification to 
policies, practices, or procedures to an indi-
vidual 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, 
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respectively, and adding after section 505 
the following: 
‘‘SEC. 506. RULE OF CONSTRUCTION REGARDING REGU-
LATORY AUTHORITY. 
‘‘The authority to issue regulations grant-
ed to the Equal Employment Opportunity 
Commission, the Attorney General, and the 
Secretary of Transportation under this Act in-
cludes the authority to issue regulations im-
plementing the definitions contained in sec-
tions 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 author-
ity.’’. 
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 
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meaning given it in section 3 of the Amer-
icans 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 insert-
ing ‘‘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. 
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Union Calendar No. 465 
110TH CONGRESS 
2D SESSION 
H. R. 3195 
[Report No. 110–730, Parts I and II] 
A BILL 
To restore the intent and protections of the 
Americans with Disabilities Act of 1990. 
JUNE 23, 2008 
Reported from the Committee on Education and Labor 
with an amendment 
JUNE 23, 2008 
Reported from the Committee on the Judiciary with an 
amendment 
JUNE 23, 2008 
Committees on Transportation and Infrastructure and 
Energy and Commerce discharged; committed to the 
Committee of the Whole House on the State of the 
Union and ordered to be printed 
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