I 
109TH CONGRESS 
2D SESSION 
H. R. 6258 
To restore the intent of the Americans with Disabilities Act of 1990 to 
more fully remove the barriers that confront disabled Americans. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 29, 2006 
Mr. SENSENBRENNER (for himself, Mr. HOYER, and Mr. CONYERS) intro-
duced the following bill; which was referred to the Committee on Edu-
cation and the Workforce, and in addition to the Committees on the Judi-
ciary, 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 com-
mittee 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Americans with Dis-
abilities Act Restoration Act of 2006’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) Physical and mental impairments are nat-
ural parts of the human condition as are race, gen-
der, national origin, and sex. 
(2) Discrimination results when individuals with 
actual or perceived physical or mental impairments 
are met with attitudinal, societal, and physical bar-
riers in society. 
(3) The use of mitigating measures by an indi-
vidual 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 insu-
late covered entities from liability for discriminatory 
practices and policies. 
(4) The Americans with Disabilities Act of 
1990 has not been interpreted by the courts, includ-
ing the Supreme Court, as intended by Congress. 
The courts have significantly limited the intended 
reach of the Americans with Disabilities Act, allow-
ing many individuals with actual or perceived im-
pairments 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. 
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SEC. 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 fol-
lows: 
‘‘(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 ex-
istence of a physical or mental impairment or 
record or perception of a physical or mental im-
pairment shall be determined without taking 
into account an individual’s use of mitigating 
measures or whether the impairment is epi-
sodic, short term, or long term.’’; and 
(2) by redesignating paragraph (3) as para-
graph (7) and inserting after paragraph (2) the fol-
lowing: 
‘‘(3) PHYSICAL IMPAIRMENT.—The term ‘phys-
ical impairment’ means any physiological disorder or 
condition, cosmetic disfigurement, or anatomical loss 
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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 dis-
order such as mental retardation, organic brain syn-
drome, emotional or mental illness, and specific 
learning disabilities. 
‘‘(5) RECORD OF PHYSICAL OR MENTAL IMPAIR-
MENT.—The term ‘record of physical or mental im-
pairment’ means having a history of, or having been 
misclassified as having, a physical or mental impair-
ment. 
‘‘(6) PERCEIVED PHYSICAL OR MENTAL IMPAIR-
MENT.—The term ‘perceived physical or mental im-
pairment’ means not having an impairment as set 
forth in paragraph (2)(A)(i) or (ii), but being re-
garded as having, or treated as having, a physical or 
mental impairment.’’. 
SEC. 4. DISCRIMINATION ON THE BASIS OF DISABILITY. 
The Americans with Disabilities Act of 1990 (42 
U.S.C. 12101 et seq.) is further amended— 
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(1) in section 2(b), by striking ‘‘against individ-
uals with disabilities’’ each place it appears and in-
serting ‘‘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’’. 
SEC. 5. QUALIFIED INDIVIDUAL. 
(a) DEFENSE.—Section 103, by redesignating sub-
sections (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 indi-
vidual, as such term is defined in section 101(8).’’. 
(b) QUALIFIED INDIVIDUAL.—Title I of the Ameri-
cans 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; 
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(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 strik-
ing ‘‘WITH A DISABILITY’’; and 
(ii) by striking ‘‘with a disability’’ 
after ‘‘individual’’; and 
(B) in subsection (b), in the matter pre-
ceding paragraph (1), by striking ‘‘with a dis-
ability’’. 
SEC. 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.’’. 
Æ 
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