On June 16, 2025, CPR submitted comments opposing the Trump Administration’s planned recission of regulations implementing Section 504 that ensure that facilities that receive funding from the Department of Energy (DoE) are accessible to people with disabilities. The rules that the Administration intends to eliminate require that DoE-funded new construction and alteration of existing facilities meet specific and uniform accessibility requirements, and that there be a transition planning process for removing barriers in existing facilities. The White House planned to withdraw the regulations on July 15, 2025. After receiving over 20,000 comments, the Administration has delayed action until September 12, 2025.
CPR’s comments, which relied heavily on comments prepared by our allies at the Disability Rights Education and Defense Fund (DREDF), raised concerns about both the process and the effect of cancelling these important rules. CPR asserted that the Administration’s attempt to use a procedure called a “direct final rule”, without giving the public an opportunity to submit comments in opposition, is improper. The “direct final rule” option is only available for changes that are “routine” or “noncontroversial” and these changes are neither. Removing the protections of the existing regulations would have significant negative impacts on people with disabilities and create confusion about which standards apply when building or modifying facilities that receive any DoE funding. In addition, because the Section 504 regulations reflect a careful compromise approved by Congress and have been in effect for almost 50 years, they cannot be simply nullified by DoE. CPR concluded that eliminating the protections of the rules “will undermine one of the primary purposes of Section 504 by encouraging new construction and alterations that are not accessible to people with disabilities. It will also create confusion, additional work and expense, and potential liability for recipient entities.”
While this delay seems to be only a short reprieve, the huge public response is a victory in and of itself. We hope that that Administration will recognize that removal of the important protections of accessibility regulations is a mistake. If not, CPR will remain vigilant in ensuring that the promise of Section 504 can be fulfilled.