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Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), prohibits discrimination on the basis of disability in programs and activities conducted by an Executive agency. The Department plans to revise its 504 Federally conducted regulation at 28 CFR part 39 to 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, Public Law 110-325, 122 Stat. 3553 (Sep. 25, 2008); incorporate requirements and defenses stemming from judicial decisions; and make other non-substantive clarifying edits, including updating outdated terminology and references.

Statement of Need:

This rule is necessary to bring the Department's prior section 504 Federally conducted regulation, which has not been updated in three decades, into compliance with judicial decisions establishing rights and defenses under section 504, as well as statutory amendments to the Rehabilitation Act, including the new definition of disability provided by the ADA Amendments Act of 2008, which became effective on January 1, 2009.   Additionally, following the passage of the Americans with Disabilities Act (ADA), amendments to the Rehabilitation Act sought to ensure that the same precepts and values embedded in the ADA were also reflected in the Rehabilitation Act. To ensure the intended parity between the two laws, it also necessary to update the Federally conducted regulation to align it with the relevant provisions of Title II of the ADA.  An updated Federally conducted regulation would consolidate the existing Section 504 requirements in one place for easy reference.

Summary of the Legal Basis:

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

Alternatives:

There are no appropriate alternatives to issuing this NPRM since it implements requirements and defenses arising from the statute and judicial decisions.

Anticipated Costs and Benefits:

Because the NPRM would incorporate existing legal requirements and defenses in the Department’s section 504 Federally conducted regulation, the Department does not anticipate any costs from this rule.

Risks:

Failure to update the Department's section 504 Federally conducted regulation to conform to legal requirements and defenses provided under statute and judicial decisions will interfere with the Department's ability to meet its non-discrimination requirements under section 504.