The U.S. Department of Energy (DOE) has introduced a proposed rule that could significantly affect accessibility requirements for new construction and alterations in projects it funds. The rule would remove specific mandates that currently ensure accessibility features are incorporated into federally supported buildings. While the Department describes the proposal as an effort to streamline its regulations, disability advocates have raised concerns about the potential implications for inclusive design and civil rights protections.
If adopted without modifications, the rule would carry the force of law, potentially weakening the Department’s accountability for ensuring that its funded projects meet accessibility standards.
Understanding the Legal Context
This proposed rule intersects with Section 504 of the Rehabilitation Act of 1973, the first federal civil rights law to protect individuals with disabilities. Section 504 prohibits discrimination on the basis of disability in any program or activity receiving federal financial assistance.
Among its most visible legacies is the integration of accessible design features—such as ramps, elevators, wide doorways, and tactile signage—into public infrastructure. These features are more than just design elements. They represent access, independence, and participation. For many people with disabilities, they are essential for taking part in education, work, health care, and civic life, which includes activities such as voting, community involvement, and engagement with public services.
What the Proposed Rule Would Change
The DOE’s proposal would remove explicit accessibility standards from its construction and renovation regulations. While other federal statutes—like the Americans with Disabilities Act (ADA)—continue to provide important protections, this rule could create inconsistencies in how different agencies interpret and enforce accessibility requirements.
If put into effect, the proposed regulation would have the force of law and could weaken or confuse existing accessibility requirements for programs funded by the Department of Education, potentially putting important protections at risk.
Why This Matters
While the proposal is framed as a technical update, its potential effects are far-reaching. Concerns raised by disability rights organizations and legal experts include:
- Reduced clarity in how accessibility is implemented across federal programs;
- Barriers to enforcement if explicit design requirements are no longer specified;
- Risk of precedent, where other agencies might follow with similar rollbacks;
- A possible weakening of Section 504’s influence on inclusive infrastructure design.
Many in the disability community see this proposal as out of step with the intent and spirit of Section 504, which was created to promote inclusion, access, and fair participation for people with disabilities.
The new regulations will take effect unless the DOE receives a large number of significant adverse comments. A “significant adverse comment” is one that clearly expresses opposition to the proposed rule and offers a meaningful rationale—such as legal concerns, practical implications, or alignment with broader civil rights goals.
To be effective, your comment should include:
- An introduction of who you are
- Your personal or professional experience with disability and accessibility, including any credentials or relevant background
- A brief explanation of why accessible design is essential
- A statement that your comment is “a significant adverse comment” on the regulation
The Disability Rights Education and Defense Fund (DREDF) have created templates to help you prepare your comment:
When your comment is ready, submit it in two places:
For additional support, including step-by-step instructions, you can watch DREDF’s recorded webinar here.
Public comments must be submitted by 11:59 PM EST / 8:59 PM PST on Monday, June 16, 2026, in order to be considered.
Closing Thoughts
The DOE’s proposed rule presents an important moment for public engagement. While regulatory modernization is sometimes necessary, accessibility must remain a core commitment in federal policy.
Participation in the comment process allows individuals and organizations to help shape how laws like Section 504 are interpreted and implemented. By adding your voice, you contribute to the ongoing work of ensuring public infrastructure is designed for all—now and into the future.
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