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DOJ/CRT RIN: 1190-AA60 Publication ID: Spring 2009 
Title: ●Implementation of the ADA Amendments Act of 2008 (Section 504 of the Rehabilitation Act) 
Abstract: The Department of Justice is amending its regulations implementing section 504 of the Rehabilitation Act of 1973, as amended, 28 CFR part 39 and part 42, subpart G, and its regulation implementing E.O. 12250, 28 CFR part 41, to reflect statutory amendments to the definition of disability enacted in the ADA Amendments Act of 2008, Public Law 110-325, 122 Stat. 3553 (Sept. 25, 2008). The ADA Amendments Act took effect on January 1, 2009. The ADA Amendments Act revised 29 U.S.C. section 705, to make the definition of disability used in the nondiscrimination provisions in title V of the Rehabilitation Act consistent with the amended ADA requirements. These amendments: -- Add illustrative lists of "major life activities," including "major bodily functions," that provide more examples of covered activities and covered conditions than are now contained in agency regulations (sec. 3(2)); -- Clarify that a person who is "regarded as" having a disability does not have to be regarded as being substantially limited in a major life activity (sec. 3(3)); and -- Add rules of construction regarding the definition of disability that provide guidance in applying the term "substantially limits" and prohibit consideration of mitigating measures in determining whether a person has a disability (sec. 3(4)). The Department anticipates that these changes will published for comment in a proposed rule within the next 12 months. During the drafting of these revisions, the Department will also review the currently published rules to ensure that any other statutory changes in the Rehabilitation Act have been properly addressed in these regulations. 
Agency: Department of Justice(DOJ)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 28 CFR 39    28 CFR 41    28 CFR 42, subpart G     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: PL 110-325    29 USC 794 (sec 504 of the Rehabilitation Act of 1973, as amended)    EO 12250 (45 FR 72955    11/04/1980)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  04/00/2010    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Local, State 
Small Entities Affected: Businesses, Governmental Jurisdictions  Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
John L. Wodatch
Chief, Disability Rights Section
Department of Justice
Civil Rights Division
950 Pennsylvania Avenue NW,
Washington, DC 20030
Phone:800 514-0301
TDD Phone:800 514-0383
Fax:202 307-1198