HR 3195 PCS 
physical or mental impairment whether or not 
the impairment limits or is perceived to limit a 
major life activity. 
‘‘(B) Paragraph (1)(C) shall not apply to 
impairments that are transitory and minor. A 
transitory impairment is an impairment with an 
actual or expected duration of 6 months or less. 
‘‘(5) RULES
OF
CONSTRUCTION
REGARDING 
THE DEFINITION OF DISABILITY.—The definition of 
‘disability’ in paragraph (1) shall be construed in ac-
cordance with the following: 
‘‘(A) To achieve the remedial purposes of 
this Act, the definition of ‘disability’ in para-
graph (1) shall be construed broadly. 
‘‘(B) An impairment that substantially lim-
its one major life activity need not limit other 
major life activities in order to be considered a 
disability. 
‘‘(C) An impairment that is episodic or in 
remission is a disability if it would substantially 
limit a major life activity when active. 
‘‘(D)(i) The determination of whether an 
impairment substantially limits a major life ac-
tivity shall be made without regard to the ame-
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HR 3195 PCS 
liorative effects of mitigating measures such 
as— 
‘‘(I) medication, medical supplies, 
equipment, or appliances, low-vision de-
vices (which do not include ordinary eye-
glasses or contact lenses), prosthetics in-
cluding limbs and devices, hearing aids and 
cochlear implants or other implantable 
hearing devices, mobility devices, or oxygen 
therapy equipment and supplies; 
‘‘(II) use of assistive technology; 
‘‘(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 con-
tact 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 
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‘‘(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— 
‘‘(A) qualified interpreters or other effec-
tive methods of making aurally delivered mate-
rials available to individuals with hearing im-
pairments; 
‘‘(B) qualified readers, taped texts, or 
other effective methods of making visually deliv-
ered materials available to individuals with vis-
ual 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 
Commonwealth of Puerto Rico, Guam, American 
Samoa, the Virgin Islands, the Trust Territory of 
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HR 3195 PCS 
the Pacific Islands, and the Commonwealth of the 
Northern Mariana 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.’’. 
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 in-
serting ‘‘discriminate against a qualified individual 
on the basis of disability’’. 
(b) QUALIFICATION STANDARDS
AND TESTS RE-
LATED 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: 
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‘‘(c) QUALIFICATION STANDARDS AND TESTS RE-
LATED TO UNCORRECTED VISION.—Notwithstanding sec-
tion 3(5)(D)(ii), a covered entity shall not use qualifica-
tion standards, employment tests, or other selection cri-
teria 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 ‘‘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 COM-
PENSATION LAWS.—Nothing in this Act alters the stand-
ards for determining eligibility for benefits under State 
worker’s compensation laws or under State and Federal 
disability benefit programs. 
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‘‘(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 MODI-
FICATIONS.—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 III, need not provide a reasonable accommodation or 
a reasonable modification to policies, practices, or proce-
dures to an individual who meets the definition of dis-
ability in section 3(1) solely under subparagraph (C).’’; 
(2) by redesignating section 506 through 514 
as sections 507 through 515, respectively, and add-
ing 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 Attor-
ney 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 
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506 through 514 as sections 507 through 515, re-
spectively, and by inserting after the item relating to 
section 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 
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. 
Passed the House of Representatives June 25, 2008. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
By DEBORAH M. SPRIGGS, 
Deputy Clerk. 
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Calendar No. 856 
110TH CONGRESS 
2D SESSION 
H. R. 3195 
AN ACT 
To restore the intent and protections of the 
Americans with Disabilities Act of 1990. 
JUNE 27, 2008 
Read the second time and placed on the calendar 
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