Rulemaking on Discrimination on the Basis of Disability in Health and Human Services Programs or Activities

Forms and Documents

Document Name	Status
2023_9_18_Section 504_Supporting Statement_ICR.docx Supporting Statement A	2023-09-21

IC Document Collections

IC ID	Document Title	Status
262282	Notice Requirements of Proposed Section 504 Regulation 45 CFR 84.8 (Government Entities)	New
262121	Notice Requirements of Proposed Section 504 Regulation 45 CFR 84.8 (Private Sector)	New

ICR Details

OMB Control No:	ICR Reference No: 202309-0945-001
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: HHS/OCR	Agency Tracking No:
Title: Rulemaking on Discrimination on the Basis of Disability in Health and Human Services Programs or Activities
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 09/21/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	453,084	0
Time Burden (Hours)	256,748	0
Cost Burden (Dollars)	0	0

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Abstract: This Information Collection Request is for a new collection of information as proposed in the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) Notice of Proposed Rulemaking (NPRM) entitled Rulemaking on Discrimination on the Basis of Disability in Health and Human Services Programs or Activities (RIN: 0945-AA15). Section 504 of the Rehabilitation Act (Section 504), 29 U.S.C. § 794, provides that no otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service. The Department is seeking PRA approval for the notice requirement at § 84.8, which is a covered third-party disclosure requirement.

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Authorizing Statute(s): US Code: 29 USC 794 Name of Law: Rehabilitation Act, Section 504
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0945-AA15	Proposed rulemaking	88 FR 63392	09/14/2023

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Notice Requirements of Proposed Section 504 Regulation 45 CFR 84.8 (Government Entities)
Notice Requirements of Proposed Section 504 Regulation 45 CFR 84.8 (Private Sector)

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	453,084	0	0	453,084	0	0
Annual Time Burden (Hours)	256,748	0	0	256,748	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The NPRM proposes requiring each recipient to provide a notice of nondiscrimination to employees, applicants, participants, beneficiaries, and other interested persons. The NPRM requires the notice to be made available in such manner as the head of the recipient or his or her designee finds necessary to apprise such interested persons of the protections against discrimination assured them by Section 504. This requirement helps clearly inform individuals of their civil rights under Section 504 while also providing recipients with necessary flexibility for how they will provide the notice. The Department believes this proposed requirement will help to reduce barriers to access for individuals with disabilities while providing certainty to recipients and consumers about what recipients’ obligations are and what rights consumers have. The Department notes that this proposed notice requirement contains fewer specific steps that the notice requirement in the existing Section 504 Regulation at 45 CFR 84.8, while extending to more smaller recipients with less than fifteen employees. We believe that advancements in technology, such as the use of websites by recipients, will lower the notice costs for recipients and limit burdens. Additionally, this notice requirement is almost exactly the same as the requirement under Title II of the Americans with Disabilities Act at 28 CFR 35.106, and some covered entities under Title II are also recipients under Section 504.

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Annual Cost to Federal Government: $769

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 09/21/2023

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