View Information Collection Request (ICR) Package

OMB Control No: 0945-0013	ICR Reference No: 202309-0945-001
Status: Historical Inactive	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
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 11/27/2023
	Date Received in OIRA: 09/21/2023
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is not approved at this time. Prior to publication of the final rule, the agency should provide to OMB a summary of all comments received on the proposed information collection and identify any changes made in response to these comments.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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.

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

Citations for New Statutory Requirements: None

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

Federal Register Notices & Comments
Did the Agency receive public comments on this ICR? No

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.

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

Agency Contact: Clare Huerta 202 774-3045 clare.huerta@hhs.gov

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