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DOJ/LA RIN: 1105-AB50 Publication ID: Fall 2016 
Title: ●Implementation of the ADA Amendments Act of 2008 Federally Assisted Programs (Section 504 of the Rehabilitation Act of 1973) 

The Department of Justice is issuing this notice of proposed rulemaking torevise its regulation implementing section 504 of the Rehabilitation Act of 1973, as applicable to programs and activities receiving financial assistance from the Department, in order to: (1) incorporate amendments to the statute, including the changes in the meaning and interpretation of the applicable definition of disability required by the ADA Amendments Act of 2008; (2) incorporate requirements stemming from judicial decisions; (3) update accessibility standards applicable to new construction and alteration of buildings and facilities; (4) update certain provisions to promote consistency with comparable provisions implementing title II of the Americans with Disabilities Act; and (5) make other nonsubstantive clarifying edits, including updating outdated terminology and references that currently exist in 28 CFR part 42, such as changing the word handicapped and similar variations of that word to language referencing individuals with disabilities, modifying the order of the regulatory provisions to group like provisions together, and adding some headings to make the regulation more user-friendly.

Agency: Department of Justice(DOJ)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 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 72855)    11/04/1980   
Legal Deadline:  None

Statement of Need:

This rule is necessary to bring the Department's prior section 504 regulations into compliance with the ADA Amendments Act of 2008, which became effective on January 1, 2009.

Summary of the Legal Basis:

The summary of the legal basis of authority for this regulation is set forth above in the abstract.


Because this NPRM implements statutory changes to the section 504 definition of disability, there are no appropriate alternatives to issuing this NPRM.

Anticipated Costs and Benefits:

The Department's preliminary assessment in this early stage of the rulemaking process is that this rule will not be "economically significant," that is, that the rule will not have an annual effect on the economy of $100 million, or adversely affect in a material way the economy, a sector of the economy, the environment, public health or safety or State, local or tribal Governments or communities. The Department's section 504 rule for federally assisted programs will incorporate the same changes made by the ADA Amendments Act to the definition of disability as are included in the proposed changes to the ADA title II and title III rules (1190-AA59), was published in the Federal Register on August 11, 2016. 81 FR 53203.

Because most public and private entities that receive federal financial assistance from the Department are also likely to be subject to titles II or III of the ADA we do not believe that the revisions to the Department's existing section 504 federally assisted regulations will have a significant economic impact.


Failure to update the Department's section 504 regulations to conform to statutory changes will interfere with the Department's enforcement efforts and lead to confusion about the law's requirements among entities that receive Federal financial assistance from the Department.

Action Date FR Cite
NPRM  11/00/2016 
NPRM Comment Period End  01/00/2017 
Additional Information: Transferred from RIN 1190-AA60.
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

Michael Alston
Director, Office for Civil Rights, Office of Justice Programs
Department of Justice
Legal Activities
800 K Street NW, Room 2327, (Techworld),
Washington, DC 20530
Phone:202 307-0692