On June 24, 2008, the White House issued a statement of administration policy supporting the goals of the ADA Amendments Act of 2008 (H.R. 3195), but asking Congress to address the President’s outstanding concerns. The bill was marked up and passed out of the House Committee on Education and Labor on June 18 by a 43-1 vote.

The administration anticipates “significant avoidable litigation” would result from the legislation’s redefinition of “substantially limits” to mean “materially restricts,” a term undefined by the ADA. 

The administration suggested changes of the legislation’s treatment of “transitory” and “minor” impairments. Specifically, the White House proposes excluding from coverage impairments that are either transitory or minor, rather than only impairments that are both transitory and minor. The administration also expressed concern that the bill does not explicitly apply the “transitory and minor” exception to the general definition of disability.

In its statement, the administration expressed a willingness to work with Congress to amend H.R. 3195. However, the House Rules Committee approved a closed rule and the bill is closed to amendments. The House is expected to begin debate on the bill on June 25 or June 26, with 40 minutes of debate allotted to the House Education and Labor Committee and 20 minutes for the House Judiciary Committee.