[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6258 Introduced in House (IH)]








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) introduced 
 the following bill; which was referred to the Committee on Education 
and the Workforce, and in addition to the Committees on the Judiciary, 
   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 
                          committee 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Americans with Disabilities Act 
Restoration Act of 2006''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Physical and mental impairments are natural parts of 
        the human condition as are race, gender, national origin, and 
        sex.
            (2) Discrimination results when individuals with actual or 
        perceived physical or mental impairments are met with 
        attitudinal, societal, and physical barriers in society.
            (3) The use of mitigating measures by an individual 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 insulate covered entities from liability for 
        discriminatory practices and policies.
            (4) The Americans with Disabilities Act of 1990 has not 
        been interpreted by the courts, including the Supreme Court, as 
        intended by Congress. The courts have significantly limited the 
        intended reach of the Americans with Disabilities Act, allowing 
        many individuals with actual or perceived impairments 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.

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 follows:
            ``(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 existence of a 
                physical or mental impairment or record or perception 
                of a physical or mental impairment shall be determined 
                without taking into account an individual's use of 
                mitigating measures or whether the impairment is 
                episodic, short term, or long term.''; and
            (2) by redesignating paragraph (3) as paragraph (7) and 
        inserting after paragraph (2) the following:
            ``(3) Physical impairment.--The term `physical impairment' 
        means any physiological disorder or condition, cosmetic 
        disfigurement, or anatomical loss 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 disorder such as mental 
        retardation, organic brain syndrome, emotional or mental 
        illness, and specific learning disabilities.
            ``(5) Record of physical or mental impairment.--The term 
        `record of physical or mental impairment' means having a 
        history of, or having been misclassified as having, a physical 
        or mental impairment.
            ``(6) Perceived physical or mental impairment.--The term 
        `perceived physical or mental impairment' means not having an 
        impairment as set forth in paragraph (2)(A)(i) or (ii), but 
        being regarded 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--
            (1) in section 2(b), by striking ``against individuals with 
        disabilities'' each place it appears and inserting ``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 subsections (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 individual, as such term is 
defined in section 101(8).''.
    (b) Qualified Individual.--Title I of the Americans 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;
            (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 striking 
                        ``With a Disability''; and
                            (ii) by striking ``with a disability'' 
                        after ``individual''; and
                    (B) in subsection (b), in the matter preceding 
                paragraph (1), by striking ``with a disability''.

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.''.
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