I 
110TH CONGRESS 
1ST SESSION H. R. 3195 
To restore the intent and protections of the Americans with Disabilities 
Act of 1990. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 26, 2007 
Mr. HOYER (for himself, Mr. SENSENBRENNER, Mr. ACKERMAN, Mr. ALLEN, 
Mr. ANDREWS, Mr. BACHUS, Ms. BALDWIN, Mr. BERMAN, Mr. BILBRAY, 
Mr. BISHOP of New York, Mr. BLUMENAUER, Ms. BORDALLO, Mr. BOS-
WELL, Mr. BOUCHER, Ms. CORRINE
BROWN
of Florida, Mr. 
BUTTERFIELD, Mr. CALVERT, Mr. CARDOZA, Mr. CARNEY, Mr. CHAN-
DLER, Mr. CLAY, Mr. CLEAVER, Mr. CLYBURN, Mr. COBLE, Mr. COHEN, 
Mr. CONYERS, Mr. COSTA, Mr. COSTELLO, Mr. COURTNEY, Mr. 
CUMMINGS, Mr. DAVIS of Illinois, Mr. TOM DAVIS of Virginia, Mr. 
DEFAZIO, Ms. DEGETTE, Mr. DELAHUNT, Ms. DELAURO, Mr. DINGELL, 
Mr. DREIER, Mr. EHLERS, Mr. EMANUEL, Mrs. EMERSON, Mr. ENGEL, 
Mr. ENGLISH of Pennsylvania, Mr. ETHERIDGE, Mr. FARR, Mr. FER-
GUSON, Mr. FILNER, Mr. FRANK of Massachusetts, Mr. FRANKS of Ari-
zona, Mr. FRELINGHUYSEN, Mr. GALLEGLY, Ms. GIFFORDS, Mr. 
GRIJALVA, Mr. HALL of New York, Mr. HASTINGS of Florida, Mr. 
HINOJOSA, Mr. HOLDEN, Mr. HOLT, Mr. HONDA, Mr. ISRAEL, Mr. ISSA, 
Mr. JEFFERSON, Mr. JOHNSON of Georgia, Mrs. JONES of Ohio, Ms. 
KAPTUR, Mr. KENNEDY, Mr. KILDEE, Ms. KILPATRICK, Mr. KIND, Mr. 
KING of New York, Mr. KIRK, Mr. KNOLLENBERG, Mr. LAHOOD, Mr. 
LANGEVIN, Mr. LANTOS, Mr. LEVIN, Mr. LEWIS of Georgia, Mr. LEWIS 
of California, Mr. LOEBSACK, Ms. ZOE LOFGREN of California, Mrs. 
LOWEY, Mrs. MALONEY of New York, Mr. MARKEY, Mr. MATHESON, Ms. 
MATSUI, Mrs. MCCARTHY of New York, Ms. MCCOLLUM of Minnesota, 
Mr. MCDERMOTT, Mr. MCGOVERN, Mr. MCHUGH, Mr. MCNULTY, Mr. 
MILLER of North Carolina, Mr. GEORGE MILLER of California, Mr. 
MORAN of Virginia, Mr. PATRICK J. MURPHY of Pennsylvania, Mr. NAD-
LER, Mr. NEAL of Massachusetts, Ms. NORTON, Mr. NUNES, Mr. OBER-
STAR, Mr. PAYNE, Mr. PERLMUTTER, Mr. PETRI, Mr. RAHALL, Mr. 
RAMSTAD, Mr. RANGEL, Mr. RODRIGUEZ, Mr. ROSKAM, Mr. ROTHMAN, 
Ms. ROYBAL-ALLARD, Mr. RUPPERSBERGER, Mr. RYAN of Wisconsin, 
Ms. LORETTA SANCHEZ of California, Mr. SARBANES, Ms. SCHAKOWSKY, 
Mr. SCOTT of Virginia, Mr. SHAYS, Ms. SHEA-PORTER, Ms. SLAUGHTER, 
Mr. SMITH of New Jersey, Ms. SOLIS, Mr. SOUDER, Mr. SPACE, Mr. 
STARK, Ms. SUTTON, Mrs. TAUSCHER, Mr. TIAHRT, Mr. TIERNEY, Mr. 
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TOWNS, Mr. UDALL of New Mexico, Mr. VAN HOLLEN, Mr. VISCLOSKY, 
Mr. WALSH of New York, Ms. WASSERMAN SCHULTZ, Ms. WATSON, Mr. 
WAXMAN, Mr. WELCH of Vermont, Mr. WELDON of Florida, Ms. WOOL-
SEY, Mr. WYNN, Mr. YOUNG of Florida, Mr. YOUNG of Alaska, Mr. 
WALZ of Minnesota, Mr. MCCOTTER, and Mr. DICKS) introduced the fol-
lowing bill; which was referred to the Committee on Education and 
Labor, and in addition to the Committees on the Judiciary, Transpor-
tation 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 committee con-
cerned 
A BILL 
To restore the intent and protections of the Americans with 
Disabilities Act of 1990. 
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 ‘‘ADA Restoration Act 
of 2007’’. 
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 
‘‘establish a clear and comprehensive prohibition of 
discrimination on the basis of disability,’’ and pro-
vide broad coverage and vigorous and effective rem-
edies without unnecessary and obstructive defenses; 
(2) decisions and opinions of the Supreme 
Court have unduly narrowed the broad scope of pro-
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tection afforded in the ADA, eliminating protection 
for a broad range of individuals who Congress in-
tended to protect; 
(3) in enacting the ADA, Congress recognized 
that physical and mental impairments are natural 
parts of the human experience that in no way dimin-
ish a person’s right to fully participate in all aspects 
of society, but Congress also recognized that people 
with physical or mental impairments having the tal-
ent, skills, abilities, and desire to participate in soci-
ety are frequently precluded from doing so because 
of prejudice, antiquated attitudes, or the failure to 
remove societal and institutional barriers; 
(4) Congress modeled the ADA definition of 
disability on that of section 504 of the Rehabilita-
tion Act of 1973, which, through the time of the 
ADA’s enactment, had been construed broadly to en-
compass both actual and perceived limitations, and 
limitations imposed by society; 
(5) the broad conception of the definition had 
been underscored by the Supreme Court’s statement 
in its decision in School Board of Nassau County v. 
Arline, 480 U.S. 273, 284 (1987), that the section 
504 definition ‘‘acknowledged that society’s accumu-
lated myths and fears about disability and disease 
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are as handicapping as are the physical limitations 
that flow from actual impairment’’; 
(6) in adopting the section 504 concept of dis-
ability in the ADA, Congress understood that ad-
verse action based on a person’s physical or mental 
impairment is often unrelated to the limitations 
caused by the impairment itself; 
(7) instead of following congressional expecta-
tions that disability would be interpreted broadly in 
the ADA, the Supreme Court has ruled, in Toyota 
Motor Manufacturing, Kentucky, Inc. v. Williams, 
534 U.S. 184, 197 (2002), that the elements of the 
definition ‘‘need to be interpreted strictly to create 
a demanding standard for qualifying as disabled,’’ 
and, consistent with that view, has narrowed the ap-
plication of the definition in various ways; and 
(8) contrary to explicit congressional intent ex-
pressed in the ADA committee reports, the Supreme 
Court has eliminated from the Act’s coverage indi-
viduals who have mitigated the effects of their im-
pairments through the use of such measures as 
medication and assistive devices. 
(b) PURPOSE.—The purposes of this Act are— 
(1) to effect the ADA’s objectives of providing 
‘‘a clear and comprehensive national mandate for the 
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elimination of discrimination’’ and ‘‘clear, strong, 
consistent, enforceable standards addressing dis-
crimination’’ by restoring the broad scope of protec-
tion available under the ADA; 
(2) to respond to certain decisions of the Su-
preme Court, including Sutton v. United Airlines, 
Inc., 527 U.S. 471 (1999), Murphy v. United Parcel 
Service, Inc., 527 U.S. 516 (1999), Albertson’s, Inc. 
v. Kirkingburg, 527 U.S. 555 (1999), and Toyota 
Motor Manufacturing, Kentucky, Inc. v. Williams, 
534 U.S. 184 (2002), that have narrowed the class 
of people who can invoke the protection from dis-
crimination the ADA provides; and 
(3) to reinstate original congressional intent re-
garding the definition of disability by clarifying that 
ADA protection is available for all individuals who 
are subjected to adverse treatment based on actual 
or perceived impairment, or record of impairment, or 
are adversely affected by prejudiced attitudes, such 
as myths, fears, ignorance, or stereotypes concerning 
disability or particular disabilities, or by the failure 
to remove societal and institutional barriers, includ-
ing communication, transportation, and architectural 
barriers, and the failure to provide reasonable modi-
fications to policies, practices, and procedures, rea-
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sonable accommodations, and auxiliary aids and 
services. 
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: 
‘‘(1) physical or mental disabilities are natural 
parts of the human experience that in no way dimin-
ish a person’s right to fully participate in all aspects 
of society, yet people with physical or mental disabil-
ities having the talent, skills, abilities, and desires to 
participate in society frequently are 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;’’. 
(2) by amending paragraph (7) to read as fol-
lows: 
‘‘(7) individuals with disabilities have been sub-
ject to a history of purposeful unequal treatment, 
have had restrictions and limitations imposed upon 
them because of their disabilities, and have been rel-
egated to positions of political powerlessness in soci-
ety; classifications and selection criteria that exclude 
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persons 
with 
disabilities 
should 
be 
strongly 
disfavored, subjected to skeptical and meticulous ex-
amination, and permitted only for highly compelling 
reasons, and never on the basis of prejudice, igno-
rance, myths, irrational fears, or stereotypes about 
disability;’’. 
SEC. 4. 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) being regarded as having a 
physical or mental impairment. 
‘‘(B) RULE OF CONSTRUCTION.— 
‘‘(i) The determination of whether an 
individual has a physical or mental impair-
ment shall be made without considering 
the impact of any mitigating measures the 
individual may or may not be using or 
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whether or not any manifestations of an 
impairment are episodic, in remission, or 
latent. 
‘‘(ii) The term ‘mitigating measures’ 
means any treatment, medication, device, 
or other measure used to eliminate, miti-
gate, or compensate for the effect of an 
impairment, and includes prescription and 
other medications, personal aids and de-
vices (including assistive technology devices 
and services), reasonable accommodations, 
or auxiliary aids and services. 
‘‘(iii) Actions taken by a covered enti-
ty with respect to an individual because of 
that individual’s use of a mitigating meas-
ure or because of a side effect or other 
consequence of the use of such a measure 
shall be considered actions taken on the 
basis of a disability under this Act.’’. 
(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, or specific learn-
ing 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) REGARDED
AS
HAVING
A
PHYSICAL
OR 
MENTAL IMPAIRMENT.—The term ‘regarded as hav-
ing a physical or mental impairment’ means being 
perceived or treated as having a physical or mental 
impairment whether or not the individual has an im-
pairment.’’. 
SEC. 5. DISCRIMINATION ON THE BASIS OF DISABILITY. 
Section 102 of the Americans with Disabilities Act 
of 1990 (42 U.S.C. 12112) is amended— 
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(1) in subsection (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’’; and 
(2) in subsection (b), in the matter preceding 
paragraph (1), by striking ‘‘discriminate’’ and in-
serting ‘‘discriminate against an individual on the 
basis of disability’’. 
SEC. 6. QUALIFIED INDIVIDUAL. 
Section 103(a) of the Americans with Disabilities Act 
of 1990 (42 U.S.C. 12113(a)) is amended by striking 
‘‘that an alleged application’’ and inserting ‘‘that— 
‘‘(1) the individual alleging discrimination 
under this title is not a qualified individual with a 
disability; or 
‘‘(2) an alleged application’’. 
SEC. 7. 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 of providing a com-
prehensive prohibition of discrimination on the basis of 
disability, the provisions of this Act shall be broadly con-
strued to advance their remedial purpose. 
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‘‘(f) REGULATIONS.—In order to provide for con-
sistent and effective standards among the agencies respon-
sible for enforcing this Act, the Attorney General shall 
promulgate regulations and guidance in alternate acces-
sible formats implementing the provisions herein. The 
Equal Employment Opportunity Commission and Sec-
retary of Transportation shall then issue appropriate im-
plementing directives, whether in the nature of regulations 
or policy guidance, consistent with the requirements pre-
scribed by the Attorney General. 
‘‘(g) DEFERENCE
TO REGULATIONS
AND GUID-
ANCE.—Duly issued Federal regulations and guidance for 
the implementation of this Act, including provisions imple-
menting and interpreting the definition of disability, shall 
be entitled to deference by administrative bodies or offi-
cers and courts hearing any action brought under this 
Act.’’. 
Æ 
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