# Presentation: 665286

## Slide 1

## Access Board Membership

- 25 members
- 13 public members appointed by the President for four year terms
- 12 Federal members from various Federal agencies

## Access Board Meetings

- Meets every other month
- 3 standing committees
- Technical Programs
- Planning and Budget
- Executive Committee
- Ad hoc rulemaking committees

## Organizational Structure

- $5.2 million budget
- 28 employees
- 3 organizational units
- Office of the Executive Director
- General Counsel
- Technical and Information Services

## Access Board Programs

- Guidelines and standards development
- Architectural Barriers Act of 1968
- Americans with Disabilities Act of 1990
- Telecommunications Act of 1996
- Rehabilitation Act Amendments of 1998
- Technical assistance and training
- Research
- Compliance and enforcement

## Technical Assistance and Training

- Respond to 15,000 calls and faxes per year
- Distribute 45,000 publications per year
- Provide about 90 training sessions per year

## Completed Rulemaking Actions

- ADAAG for Buildings and Facilities (Sections 1-9)
- ADAAG for Transportation Facilities (Section 10)
- State and Local Government Facilities (Sections 11-12)
- ADAAG for Transportation Vehicles
- Automated Teller Machines
- Children's Elements
- Telecommunications Equipment
- Electronic and Information Technology
- Over-the-Road Buses
- Play Areas
- Recreation Facilities

## Rulemaking Process

- Based on complete information
- Extensive public input and involvement
- Based on consensus where possible
- Information meetings
- Advisory committees
- Regulatory negotiation committees

## Rulemaking Process

- Notice of Proposed Rulemaking
- Published in Federal Register
- Public comment period
- Final Rule
- Published in Federal Register
- Office of Management and Budget
- Guidelines generally not enforceable until adopted by standard setting agency

## ADA and ABA Accessibility Guidelines

- ADA and ABA Accessibility Guidelines
- Published Notice of Proposed Rulemaking (NPRM) in the Federal Register on November 16, 1999
- The NPRM was available for public comment until May 15, 2000

## ADA and ABA Accessibility Guidelines

- The Board held two public hearings on the proposed guidelines:
- January 31, 2000, Los Angeles, CA
- March 13, 2000, Arlington, VA
- Over 2,500 comments were received on the proposed guidelines

## ADA and ABA Accessibility Guidelines

- The NPRM contains three parts:
- Appendix A Americans With Disabilities Act: Scoping
- Appendix B Architectural Barriers Act: Scoping
- Appendix C Common Technical Provisions

## ADA and ABA Accessibility Guidelines

- Based on the ADAAG Review Advisory Committee report
- Contains new requirements for State and local government buildings; children's elements; and housing
- Generally consistent with the ICC/ANSI A117.1 (1998)

## Outdoor Developed Areas

- Trails, camping facilities, picnic areas, and beaches
- Outdoor Developed Areas Regulatory Negotiation Committee
- Began meeting in June 1997
- Reported to the Board in September 1999

## Passenger Vessels

- Ferries, cruise ships, and excursion boats
- Research project with DOT
- Information meeting
- Passenger Vessel Access Advisory Committee
- Began meeting in September 1998
- Reported to the Board in November 2000

## Public Rights-of-Way

- Public Rights-of-Way Access Advisory Committee
- 30 member committee created in October 1999
- Reported to the Board in January 2001

## Architectural Barriers Act

- Requirements
- Enforcement

## Architectural Barriers Act of 1968

- Requires that certain federally funded buildings and facilities be accessible to people with disabilities

## The ABA Covers

- Buildings and facilities:
- Designed, constructed or altered with Federal grant or loan
- Constructed or altered by or on behalf of the Federal government
- Leased in whole or part by the Federal government

## The ABA Does NOT Cover

- Privately owned residential structures not leased by the Federal government
- Any building or facility on a military installation designed and constructed primarily for use by able-bodied military personnel

## Compliance

- Every Federal agency is responsible for complying with the ABA
- Current standard - Uniform Federal Accessibility Standards (UFAS)

## Standards for Accessiblity

- Issued by four Federal agencies:
- General Services Administration (GSA)
- Department of Defense (DOD)
- Department of Housing and Urban Development (HUD)
- U.S. Postal Service (USPS)

## ABA Enforcement

- Access Board - One enforcement agency
- General Counsel’s Office investigates all complaints filed under the ABA

## Complaint Process

- Complaints must be in writing
- Building/facility name, address
- Barrier type and location
- Complainant receives written acknowledgment within 1-2 days
- Complainant’s identity is not revealed unless written permission is provided

## Investigation

- Determining jurisdiction
- Does the ABA apply to the facility?
- If so, is there a violation of the applicable standard?

## Corrective Actions

- If there is a violation...
- notify responsible agency and request plan and schedule to remove barrier(s)
- once we receive and accept plan, we notify the complainant
- monitor corrective action until confirmation of completion

## If the ABA does not apply

- We refer the complaint to the appropriate agency and informs the complainant
- ADA
- Section 504
- Other

## Complaint Issues (since 1996)

## Facility Type (since 1996)

## Section 508 

- Rehabilitation Amendments Act of 1998
- Applies to Federal agencies
- Ensure electronic and information technology which they develop, procure, maintain, or use is accessible
- Employee and public

## Section 508 

- Exempts national security systems
- Undue burden-document and provide alternative means of access

## Section 508 

- Criteria for accessibility for common features
- Software and operating systems
- Web-based internet applications
- Telecommunications products
- Video and multimedia products
- Self contained, closed products
- Desktop and portable computers

## Section 508 

- Reports on access to the Attorney General
- Incorporate into the Federal Acquisition Regulations
- Individuals can file complaints or lawsuits

## Section 508 

- Technical Assistance
- _[www.section508.gov](http://www.section508.gov/)_
- _[www.access-board.gov/508.htm](http://www.access-board.gov/508.htm)_
- 508@access-board.gov
- Links to:
- Law, FAR
- FAQs
- Final Standards

## How to Reach the Access Board

- Toll free... (800) 872-2253 or (800) 993-2822 (TTY)
-  Fax... (202) 272-0081
- E-mail... ta@access-board.gov
-  Internet... _www.access-board.gov_