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DOJ/CRT RIN: 1190-AA60 Publication ID: Spring 2016 
Title: Implementation of the ADA Amendments Act of 2008 (Section 504 of the Rehabilitation Act of 1973) 

This rule would propose to amend the Department's 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 Executive Order 12250, 28 CFR part 41, to reflect statutory amendments to the definition of disability applicable to section 504 of the Rehabilitation Act, which were enacted in the ADA Amendments Act of 2008, Public Law 110-325, 122 Stat. 3553 (Sep. 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 (1) 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]); (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 (3) 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 be 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 legal requirements under the Rehabilitation Act have been properly addressed in these regulations.

Agency: Department of Justice(DOJ)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: uncollected 
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: Pub. L. 110-325    29 U.S.C. 794 (sec 504 of the Rehabilitation Act of 1973, as amended)    E.O. 12250 (45 FR 72955    11/04/1980)   
Legal Deadline:  None
Action Date FR Cite
NPRM  07/00/2016 
NPRM Comment Period End  08/00/2016 
Final Action  12/00/2016 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Local, State 
Small Entities Affected: Businesses, Governmental Jurisdictions  Federalism: Undetermined 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Rebecca B. Bond
Department of Justice
Legal Activities
Disability Rights Section, 950 Pennsylvania Avenue NW,
Washington, DC 20530
Phone:800 514-0301