[Athen] Fw: DOJ Regulatory Update Adds Facilities and Digital Accessibility Rule Making to their Long-Term Action List.

[Lissner, L. Scott via athen-list]

I put this together for  another group  and thought I would share.

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Last week (9/22/2025) the Department of Justice published its biannual update to the  Regulatory and Deregulatory Agenda<https://www.reginfo.gov/public/do/eAgendaMain>.  Before discussing the three items focused on accessibility in the digital and build environments disability (listed below) I would to offer a caveat and a little context for those of you who may be new to following the regulatory process at this level.



Under the best of circumstances crystal balls are always cloudy.  The current administration’s reorganization makes reliance on historic patterns and norms even less reliable.   My crystal ball is very murky these days; I have tried to strike a balance between Pollyanna and Eeyore but a large grain of salt may be called for.



The Regulatory Agenda focuses on agency plans to have to publish an Advance Notice of Proposed Rulemaking, a Notice of Proposed Rulemaking, or a Final Rule within the next 12 months.  The Regulatory Agenda includes a Long-Term Action category<https://www.reginfo.gov/public/jsp/eAgenda/UA_About.myjsp> where agencies can  "…list those rules it expects will have the next regulatory action more than 12 months after publication of the agenda”



Last week’s publication of the Code of Federal Regulations<https://www.govinfo.gov/content/pkg/FR-2025-09-22/pdf/2025-18331.pdf> added 7 items to the forty-one previously on Justices Long-Term Actions list.  Three of those focus on disability announcing an intent to publish a Notice of Proposed Rule Making on a date “To Be Determined”.    Over the past 6 administrations that would reliably place the shift to active rulemaking at least a year out.



The first two items focus on the incorporation of facilities standards Architectural and Transportation Barriers Compliance Board into the ADA’s Titles II and III. Both are being carried out as a  required decennial review<https://www.law.cornell.edu/uscode/text/5/610> to keep the regulations congruent with case law and changes in technology under the Regulatory Flexibility Act.  Given that the Department of Energy is bogged down in dealing with over 20,000 comments on its effort to rescind new construction accessibility requirements for their grant it seems unlikely that the administration is ready to move quickly on this.  Despite their administration’s “less is more” approach to regulation that may be a reason these are on the Long-Term rather than Active status.   That said, it is certainly something to watch.



The third item <https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202504&RIN=1190-AA82>  focuses on the Title II digital accessibility rule.  Again, the action date is “To Be Determined.  The purpose for adding it to the agenda is “to reconsider whether some of the regulatory provisions imposed by the April 24, 2024 rule could be made less costly”  As part of Title II this rule applies to State and Local governments, including public colleges and universities. It has been suggested that time frame for agency enforcement (4/2026) might motivate Justice to move quickly despite it being under Long-Term status.  They might, but there is no practical advantage to listing this activity under Long-Term status as opposed to listing a target date under Active status.  Given the history of this rule, it is likely to generate robust public comment; if they were seeking to make substantive changes will likely need most of the next 7 months to prepare, publish, and respond to public comment.   Even if they were to focus on limited changes (pushing back the agency enforcement date and/or allowing accommodations to play a larger role on content/document access)  Categorizing this as active would be more effective procedurally and for political messaging.



I am feeling a bit more Eeyore than Pollyanna. For me, these updates to the Regulatory Agenda signal a need to be vigilant and prepared for movement by the administration to reduce digital and facilities accessibility requirements.  It is too early to consider changes in policy and practice but not to early to recommit to institutional mission and values, to the spirit of the ADA as well as state law. There is cause for serious concern but not panic.







Agency

Agenda Stage of Rulemaking

Title

RIN

DOJ/CRT

Long-Term Actions

Nondiscrimination on the Basis of Disability in State and Local Government Services

1190-AA80<https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202504&RIN=1190-AA80>

DOJ/CRT

Long-Term Actions

Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial Facilities

1190-AA81<https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202504&RIN=1190-AA81>

DOJ/CRT

Long-Term Actions

Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities

1190-AA82<https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202504&RIN=1190-AA82>


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