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Notice

The Public Right-of-Way Accessibility Guidelines (PROWAG) rulemaking has concluded. The PROWAG final rule has been published in the Federal Register. Please visit the Access Board’s PROWAG page for the guidelines.

About the U.S. Access Board

Fiscal Year 2025 Budget Justification

Submitted to:
United States House Appropriations Committee
Subcommittees on Transportation, Housing and Urban Development, and Related Agencies

February 2024

Contents

Fiscal Year 2025 Budget Justification

This document presents the U.S. Access Board’s budget justification for fiscal year (FY) 2025. The Board is requesting a total budget authority of $9,955,000 (see Appendix A).

Introduction

The Access Board (hereinafter “the Board”) was established in 1973 under section 502 of the Rehabilitation Act and is the only federal agency whose primary mission is accessibility for people with disabilities. Broadly stated, the Board has three main functions: (1) to create accessibility guidelines and standards for the built environment, transit systems, information and communication technology, and medical diagnostic equipment; (2) to provide technical assistance and training to the public on these accessibility requirements; and (3) to enforce the Architectural Barriers Act of 1968, which is the law that requires federal buildings and facilities be accessible to persons with disabilities.

With respect to the development of technical specifications for physical and digital accessibility, the Board is responsible for developing guidelines under the Americans with Disabilities Act (ADA), the Architectural Barriers Act of 1968 (ABA), and the Communications Act for ensuring that buildings and facilities, transportation vehicles, and telecommunications equipment covered by these laws are readily accessible to and usable by people with disabilities. The Board is also responsible for developing standards under the Rehabilitation Act of 1973 for accessible information and communication technology developed, procured, maintained, or used by federal agencies and establishing standards for accessible medical diagnostic equipment.

The second main function of the Board is to regularly provide technical assistance on these guidelines and standards. The Board responds to technical inquiries daily through its helpline and by email. It also issues guides, manuals, and animations to clarify provisions in the guidelines and standards and other aspects of accessible design. The Board provides training on these requirements upon request and conducts two free webinar series on physical and digital accessibility. Additionally, it manages a program that develops technical assistance materials and provides information and data needed for rulemaking.

The Board’s third main function is ensuring that federal buildings and facilities are accessible to people with disabilities by enforcing the ABA. The Board investigates submitted complaints regarding accessibility barriers encountered in federal spaces and works collaboratively with the appropriate federal agencies to ensure that violations of the ABA are remediated.

The Board’s services and programs advance accessibility in buildings and facilities, transportation vehicles, medical diagnostic equipment, telecommunications equipment, and information and communication technology across the country and, ultimately, the full economic and social integration of people with disabilities into society. However, achievement of these results depends not only on the Board’s activities, but also on the level of commitment and action taken by other federal agencies, State and local governments, and businesses that are required to comply with or enforce the various laws that guarantee the civil rights of people with disabilities.

Other Duties

In addition to developing technical specifications under the ADA and ABA, the Board also completes other duties as assigned by Congress. Under the Help America Vote Act (HAVA), two Board Members serve on the Election Assistance Commission’s (EAC) Board of Advisors and Technical Guidelines Development Committee, which assist the EAC in developing voluntary guidelines for voting systems, including accessibility for people with disabilities. In addition, under the Food and Drug Administration Safety and Innovation Act, the Board developed best practices on providing accessible information on prescription drug container labels for individuals who are blind or have low vision. Finally, in October 2018, the Federal Aviation Administration Reauthorization Act was signed into law. A provision in the law required the Board to conduct a study to determine the feasibility of in-cabin wheelchair restraint systems and, if feasible, the ways in which individuals with significant disabilities using wheelchairs, including power wheelchairs, can be accommodated with those systems.

FY 2022-2026 Strategic Plan

The Board’s FY 2022-2026 Strategic Plan includes a vision statement (A nation that is fully accessible to and inclusive of all people with disabilities) and mission statement (To advance accessibility and inclusion by developing guidelines and standards, providing technical assistance, education, enforcement, and outreach). The plan includes four goals and a stewardship objective:

  • Establish technical specifications for accessible design
  • Provide education and information on the importance and implementation of accessible design
  • Improve the accessibility of the federal government
  • Promote accessibility throughout society
  • Improve agency systems and modernize operations

The Board established long- and short-range goals and annual objectives that describe the strategies it will implement to achieve the goals. In developing the objectives and strategies, the Board is implementing the Administration’s priorities to ensure the equitable provision of government services as specified by Executive Order 13985, consultation with Tribal Nations to strengthen nation-to-nation relationships as specified by Executive Order 13175, and the advancement of diversity, equity, inclusion, and accessibility in the federal workplace as specified by Executive Order 14035.

Establish Technical Specifications for Accessible Design

The Board will continue to develop and update accessibility guidelines and standards, and work cooperatively with organizations that develop codes and standards affecting accessibility. It has developed the following objectives for this program area:

  • Develop and update technical specifications to achieve accessibility standards that will be enforceable under the ABA as to the ABA standard-setting agencies – The United States Postal Service (USPS), the General Services Administration (GSA), the Department of Defense (DOD), and the Department of Housing and Urban Development (HUD), and – that adopts them.
  • Coordinate with standards and codes organizations to build effective industry accessibility standards
  • Engage with the public, particularly underserved communities, to inform the development of accessible design
  • Address accessibility of emerging technologies and design trends
  • Collaborate with organizations to encourage research on accessibility

FY 2023 Results: Rulemaking

In FY 2023, the Board was active in developing new accessibility guidelines in three areas: public rights-of-way and shared use paths, self-service transaction machines and kiosks, and accessible electrical vehicle (EV) charging stations.

Public Rights-of-Way and Shared Use Paths

On August 8, 2023, the Board published new guidelines that address access to public rights-of-way and shared use paths, including sidewalks and streets, crosswalks, curb ramps, street furnishings, pedestrian signals, on-street parking, and other components of public rights-of-way. These guidelines address access for pedestrians with disabilities, including those with mobility impairments and those who are blind or have low vision. They cover various constraints unique to public rights-of-way, such as space limitations, roadway design practices, slope, and terrain.

The guidelines apply to public entities subject to Title II of the ADA and to any public rights-of-way subject to the ABA. They will become enforceable standards under the ADA once adopted by the Department of Justice (DOJ) and the Department of Transportation (DOT). They will become enforceable under the ABA as to any of the standard-setting agencies – USPS, GSA, DOD, and HUD – that adopts them.

Medical Diagnostic Equipment

Pursuant to Section 510 of the Rehabilitation Act, 29 U.S.C. § 794f, the Board issued its accessibility standards for medical diagnostic equipment (MDE) in 2017. These standards address access to examination tables and chairs, weight scales, radiological equipment, and other equipment used by health care providers for diagnostic purposes. The standards specify that MDE transfer surfaces be adjustable across a specified range so that they can be aligned with a seat of a patient’s wheelchair to facilitate transfer to the equipment. The Board proposed that transfer surfaces be adjustable from a low height of 17 inches to a high height of 25 inches based on a major study it helped sponsor on measures of people who use wheeled mobility aids. There was strong disagreement among commenters and stakeholders on what the low transfer height should be. Disability advocates supported the 17-inch minimum recommended by the anthropometric study, while MDE manufactures alleged that this height would be difficult and expensive to meet and that low height from 17 inches to 19 inches should be allowed, consistent with existing access standards and industry practice. The Board specified a temporary low transfer surface height of 17 to 19 inches pending the collection of further information and research. This provision expired in January 2022.

In February 2022, the Board issued a direct final rule extending this provision for an additional three years. Meanwhile, the Board has been developing a notice of proposed rulemaking (NPRM) to address the low transfer height for MDE. In May 2022, the Board conducted an information meeting for the public, which focused on the results of an updated Board-sponsored study that considered the effects of various low transfer heights on individuals who use manual and powered wheelchairs. The Board received more than 100 comments in response to the information meeting.

On May 23, 2023, the Board published an NPRM proposing a low transfer height of 17 inches for examination tables and chairs, rather than a range of from 17 to 19 inches. In response to the NPRM, the Board received more than 70 comments from individuals with disabilities, organizations of or for individuals with disabilities, manufacturers of MDE, and the health care industry. The Board intends to issue a final rule in early 2024.

Guidelines for Self-Service Transaction Machines and Kiosks

Self-service transaction machines (SSTMs) and self-service kiosks are now a common feature in places of public accommodation, government offices, and other facilities. They allow customers to conduct an expanding range of transactions and functions independently. SSTMs serve as point-of-sales machines for self-checkout in a growing number of retail facilities, grocery stores, and drug stores. SSTMs and self-service kiosks also allow customers to check in at airports and hotels and to place orders in restaurants and retail facilities.

SSTMs and self-service kiosks have long posed accessibility barriers to people with disabilities, particularly those who are blind or have low vision. Robust speech output is necessary to provide access for users unable to see display screens. SSTMs also can pose barriers for users who are deaf or hard of hearing if lacking captioning and text equivalents for audible information. Further, these devices must be accessible to people with physical disabilities, including those who use wheelchairs and other mobility devices, have limited dexterity, or who are of short stature. In FY 2022, the Board published an advance notice of proposed rulemaking (ANPRM) in which it sought information from the public to inform its development of these guidelines. The Board received approximately 80 comments to the ANPRM. In FY 2023, the Board began developing an NPRM that it anticipates publishing in June 2024.

Accessibility Guidelines for Electric Vehicle (EV) Charging Stations

Electric Vehicle (EV) charging stations are becoming commonplace with the rising production and use of electric and plug-in hybrid vehicles. According to the U.S. Department of Energy (DOE), there are nearly 50,000 public EV charging stations with almost 127,000 charging ports across the country. The Infrastructure Investment and Jobs Act, which President Biden signed into law in November 2021, allocates $7.5 billion to build out a national network of 500,000 EV chargers to accelerate the adoption of EVs. In July 2022, the Board issued a technical assistance document on the accessibility of EV charging stations and is now developing an NPRM to include accessibility guidelines for EV charging stations as a supplement to the ADA and ABA Accessibility Standards. In the last quarter of FY 2022, the Board entered into an interagency agreement with DOT’s Volpe Center to conduct a preliminary regulatory impact analysis (PRIA) to accompany the NPRM. During FY 2023, Access Board staff developed an NPRM package for submission to the Board in early FY 2024.

FY 2024 Planned Activities: Rulemaking

The Board is working on the following regulatory initiatives in FY 2024:

Self-Service Transaction Machines and Kiosks

In September 2022, the Board issued an ANPRM to address access to SSTMs and self-service kiosks. The ANPRM sought feedback from the public on the planned approach to supplementing the ADA and ABA Accessibility Standards to include scoping and technical requirements for these devices so that they are fully accessible to all users, including those who are blind or have low vision, who are deaf or hard of hearing, who have a physical disability, or who are of small stature. This regulatory initiative, once complete, will provide technical specifications for the accessibility of point-of-sale machines, self-checkout machines, check-in kiosks, and other SSTMs and scoping for built-in self-service transaction machines that fall under the Board’s regulatory jurisdiction. The Board intends to issue an NPRM on accessible SSTMs and self-service kiosks in June 2024.

Medical Diagnostic Equipment

The Board issued a proposed rule setting a 17-inch low transfer height for MDE on May 23, 2023. and received more than 70 public comments. On January 24, 2024, the Board voted to send a draft final rule to the Office of Management and Budget (OMB) for coordination under E.O. 12866. The Board intends to publish a final rule in early 2024.

Electric Vehicle Charging Stations

On November 14, 2023, the Board voted to send a draft NPRM to OMB for interagency coordination under E.O. 12866. The Board anticipates publishing the NPRM in the first quarter of 2024.

ADA Accessibility Guidelines for Transportation Vehicles

The Board is undertaking rulemaking to revise requirements for rail vehicles in the ADA Accessibility Guidelines for Transportation Vehicles. These requirements have not been modified or updated since they were issued in 1991. In February 2020, the Board published an ANPRM to initiate the regulatory process for potentially updating its accessibility guidelines for rail vehicles. The Board received over 200 public comments in response to this notice. The Board intends to develop an NPRM, including a preliminary regulatory impact analysis and initial regulatory flexibility analysis, for publication in October 2024.

FY 2025 Objectives: Rulemaking

In FY 2025, the Board aims to publish the following rulemaking documents:

  • A final rule on accessibility of self-service transaction machines and self-service kiosks
  • A final rule on the accessibility of EV charging stations
  • A proposed and final rule revising the guidelines for accessible rail vehicles in the ADA Accessibility Guidelines for Transportation Vehicles

FY 2023 Results: Codes and Standards

Adoption of Board Guidelines as Enforceable Standards

For the Board’s accessibility guidelines to become enforceable, other federal agencies must generally complete rulemaking to adopt the guidelines as standards. HUD, DOD, GSA, and the USPS use the Board’s guidelines to develop enforceable standards under the ABA. DOJ and DOT use the Board’s guidelines to develop enforceable standards under the ADA and Section 504 of the Rehabilitation Act. USPS, GSA, DOD, DOJ, and DOT have adopted the Board’s guidelines as enforceable standards. HUD has not acted yet, although HUD has announced, in its Fall 2023 Semi-Annual Unified Agenda of Regulatory and Deregulatory Actions, its intent to adopt the Board’s ABA Accessibility Guidelines as standards applicable to HUD facilities subject to the ABA.

Voluntary Consensus Standards

The Board’s long-range goal is to take a leadership role in the development of codes and standards for accessibility. The Board works with model codes organizations and voluntary consensus standards groups that develop and periodically revise codes and standards affecting accessibility. The Board has voting membership in several codes and standards organizations and monitors or is actively involved in the development or revision of dozens of other codes and standards affecting accessibility.

The Board believes this goal enhances its credibility as a knowledgeable source of information regarding technical aspects of accessibility. Additionally, by working cooperatively with model codes organizations and voluntary consensus standards groups, federal and private codes and standards will become more similar, or harmonized, and the Board will be more alert to non-federal influences affecting its constituencies. Harmonization between federal and private requirements will make it more likely that buildings and facilities will be accessible, thus reducing the necessity for complaints and litigation.

International Code Council (ICC) and The American National Standards Institute (ANSI)

Exemplifying the Board’s collaboration with voluntary consensus standards groups is its membership in the ICC A117.1 Standard for Accessible and Usable Buildings and Facilities Committee. The ICC A117.1 Standard, which is a key counterpart to the Board’s ADA and ABA Accessibility Guidelines, is referenced by the International Building Code (IBC).

In FY 2023, the Board participated in task groups organized by the A117 Committee to develop provisions on adult changing tables and assisted-use toilet and bathing facilities for the A117.1 Standard. This resulted in the addition of adult changing table scoping requirements into the upcoming new International Building Code (IBC) and the approved an addendum to the 2017 ICC/ANSI A117.1 that contains the technical requirements for those adult changing tables.

This work also advanced proposals for corresponding requirements in the IBC.

Several Access Board staff serve as members of Rehabilitation Engineering Society of North America (RESNA) committees to collaborate and promote consensus with accessibility requirements. Committee membership includes Cognitive Accessibility ISO/TC 173/SC/WG10, Inclusive Fitness, Assistive Technology for Air Travel (ATAT), andWheelchairs and Transportation.

Two Access Board Members serve in statutorily defined roles with the U.S. Election Assistance Commission (EAC)’s Technical Guidelines Development Committee (TGDC) and the Board of Advisors. These committees provide security and accessibility recommendations to the EAC in the development of Voluntary Voting System Guidelines (VVSG) for voting systems. States which adopt the VVSG ensure equal opportunities for individuals with disabilities to vote privately and independently. During FY 2023, EAC, with oversight and input from the committees, developed the VVSG Lifecycle Policy to facilitate migration from 1.1 to 2.0, as well as VVSG testing methods, accreditation, and supporting materials.

Harmonization of International Information and Communication Technology (ICT) Accessibility Standards

The Board continues working with three European accessibility standardization organizations: European Telecommunications Standards Institute, European Committee for Standardization, and the European Committee for Electrotechnical Standardization. Although the first accessibility specifications for public ICT procurements, EN 301 549, were largely harmonized with the Board’s January 2017 final rule that updated the Board’s ICT Standards and Guidelines, Europe has now surpassed the U.S. requirements. Subsequent publications by the European Joint Working Group on eAccessibility adopted the Web Content Accessibility Guidelines (WCAG) 2.1. The Board will continue working to further harmonize the U.S. and European standards during FY 2024 through participation in EU meetings as the EU revises EN 301 549 in accordance with the European Accessibility Act.

Codes and Standards Work

The Board participates in the following list of codes and standards groups:

  • International Code Council (ICC) Consensus Committee on Accessible and Usable Buildings and Facilities, ICC (ASC A117)
  • American Society of Mechanical Engineers (ASME) A18 Platform Lift and Stairway Chair Lift Committee
  • National Fire Protection Association (NFPA), Disability Access Review Advisory Committee
  • National Instructional Materials Accessibility Standard
  • World Wide Web Consortium (W3C) Web Accessibility Initiative Accessibility Guidelines Working Group (AG WG)
  • ASTM (formerly known as American Society for Testing and Materials) Committee on Playground Surfacing Systems
  • Rehabilitation Engineering and Assistive Technology Society of North America (RESNA) Standards Committee on Cognitive Accessibility and Assistive Technology for Air Travel
  • Transportation Research Board
  • National Cooperative Highway Research Program
  • National Committee on Uniform Traffic Control Devices
  • Federal Communications Commission (FCC) Disability Advisory Committee
  • Federal Chief Information Officers Council’s Accessibility Community of Practice
  • Telecommunications Industry Association
  • National Institutes of Standards and Technology (NIST)’s Interagency Committee on Standards Policy

FY 2024 Planned Activities: Codes and Standards

The Board will continue to work with the aforementioned private sector codes and standards organizations, to harmonize the Board’s guidelines with model codes and standards domestically and internationally.

FY 2025 Objectives: Codes and Standards

The Board will continue to develop and update accessibility guidelines and standards, and work cooperatively with organizations that develop codes and standards affecting accessibility

Provide Education and Information on the Importance and Implementation of Accessible Design

The Board provides training and technical assistance on accessibility guidelines and standards to a wide variety of individuals in addition to both public and private entities, including architects, builders, designers, technology companies, manufacturers, people with disabilities, state and local governments, and federal agencies. The Board’s long-range goal is to be known as a leading source of information on accessible design.

The Board maintains the following objectives to provide education and information on the importance and implementation of accessible design:

  • Provide training on accessible design and the Board’s guidelines and standards
  • Provide technical assistance on the implementation of accessibility guidelines and standards
  • Create guides, manuals, and animations to promote understanding of accessible design
  • Use stakeholders’ feedback to improve information services
  • Conduct and sponsor research on accessible design and technical innovations

The Board’s technical assistance program is comprised of five components:

  1. Responding to technical inquiries. The Board responds to 4,000 – 5,000 inquiries each year via the agency’s technical assistance helpline and email accounts. Customers request accurate, reliable, and timely advice, and the Board’s Accessibility Specialists dedicate extensive time providing responses in real time and engaging with stakeholders.

  2. Developing and disseminating guides, manuals, and other publications. The Board maintains numerous publications on accessibility issues. These publications provide a range of resources to address the needs of novice to expert level laymen and professionals. Examples include printed manuals on the Board’s guidelines and standards to online guides and animations on the ADA and ABA Accessibility Standards.

  3. Providing training. The Board conducts training on its guidelines and standards, in-person and virtually. In addition, the Board conducts free webinars via two series: the monthly AccessibilityOnline focuses on the built environment and transportation access; and the bi-monthly Section 508 Best Practices series, that provides education on accessible information and communication technology. Attendees of these sessions may earn continuing education credits (CEUs).

  4. Hosting an updated, dynamic website. The Board’s website () hosts a wide range of valuable information resources to the public. Customers can view and download Board publications, the accessibility guidelines and standards. Animations provide more in-depth understanding of accessibility features and users can view archived webinars on demand.

  5. USAB’s YouTube Channel. The Board posts play lists of descriptive animations and trainings via the Access Board YouTube Channel by topic. Leveraging this technology enables live streaming of Board Meetings and posting more robust training content. 

Based on prior experience, as the Board continues developing new rules, standards and guidelines, increased demand for technical assistance and training is anticipated. To assist in this effort, the Board maintains informal partnerships with organizations such as the National Association of ADA Coordinators and The ADA National Network to further market and distribute Board guidance and standards throughout the nation. The Board provides regular, reoccurring training updates and high-level technical assistance to these and other entities to leverage cost efficiencies and to further expand its reach to broader audiences. 

FY 2023 Results

In FY 2023, the Board prioritized a robust rulemaking agenda over development of new guides of former rules. Training, technical assistance, and interagency collaborations continued to expand.

The Board conducted over 127 training sessions, reaching more than 20,300 participants on its guidelines and standards via in-person, online meeting platforms, and webinars. In addition, the Board continued presenting its two very successful webinar series through a partnership with the ADA National Network.

The Board conducts sessions monthly on built environment issues and bi-monthly on ICT issues (in conjunction with the Chief Information Officers Council Accessibility Community of Practice). Each 90-minute webinar provides opportunities for participants to earn CEUs for a fee, but general attendance is free.

In FY 2023, as part of its monthly AccessibilityOnline and bi-monthly Section 508 Best Practices series, the Board conducted the following well-attended webinars:

  • Maps for All: Building Accessible Maps
  • Accessible Residential Housing
  • Designing for Children
  • A Tale of Three Agencies: The Section 508 Playbook
  • Accessible Transient Lodging
  • Accessible Toilet Rooms
  • Accessibility and Accommodations in the Federal Workplace: Driving Success in Employment and Performance
  • Questions and Answers on the ADA and ABA Accessibility Standards
  • Beyond the Alt Tag: Accessible Name
  • Accessible Parking and Passenger Loading Zones
  • Accessible Retail Spaces and Restaurants
  • Strengthening and Maturing Accessibility Training and Testing Programs within the Federal Government
  • Accessible Detention and Correctional Facilities
  • Automatic and Power-Assisted Doors
  • Diversity, Equity, Inclusion and Accessibility (DEIA): What Does It Mean to Have Accessibility in the Federal Workplace?
  • Accessing the Past: Accessibility in Historic Buildings and Facilities
  • Accessible Amusement Rides

In FY 2023, the Board’s Accessibility Specialists responded to well over 5,000 technical assistance requests to the public through the helpline or by email. The Board conducted a total of 127 training sessions and webinars, reaching over 20,000 people.

The Board’s website continues to provide a robust volume of information and resources on accessibility guidelines, standards, and answers to frequently asked questions. In FY 2023, the site welcomed approximately 98,000 visitors per month and about 1.18 million visitors for the year. These visits included over 2.9 million page views.

In the last quarter of FY 2023, the Board expanded its use of the agency’s YouTube channel to reach an even broader audience with highly technical training on the newly published Public Rights-of-Way Accessibility Guidelines.

FY 2024 Planned Activities

Online Guides, Webinars, and Website

The Board will continue developing materials for the online guide to the ADA and ABA accessibility standards and as new rules and regulations are published. Technical guides covering Chapter 7 of the standards are in progress. These guides will address communication elements and features, including fire alarm systems, telephones, detectable warnings, assistive listening systems, ATMs and fare machines, and two-way communication systems. Future installments to the guides will be released and announced through Board email subscribers as they become available.

The Board continues to offer its very successful webinar series for the built environment and on Section 508. In FY 2024, Board webinars will reflect the updated guides and most recent rulemaking activities.

Technical Assistance and Projects

The following technical assistance activities are planned for FY 2024:

  • Draft technical assistance document on accessible autonomous vehicles
  • Complete preliminary and final regulatory impact analyses and initial and final regulatory flexibility analyses for the Electric Vehicle Charging Stations Supplemental Rule
  • Complete the preliminary regulatory impact analysis for the Self-Service Transaction Machines Supplemental Rule
  • Contract for and complete the preliminary regulatory impact analysis and initial regulatory flexibility analysis for the updated ADA Accessibility Guidelines for Rail Vehicles

FY 2025 Objectives

The Board will continue to improve its website, including releasing additional modules for the web-based guide for the ADA and ABA standards.

The following technical assistance projects are planned for FY 2025:

  • Complete final regulatory impact analysis and regulatory flexibility analysis for updated ADA Accessibility Guidelines for Rail Vehicles
  • Complete final Regulatory analysis and regulatory flexibility analysis for supplementary guidelines on self-service transaction machines

Improve the Accessibility of the Federal Government

The Board is committed to improving the accessibility of the federal government and has the following objectives in this program area:

  • Improve the accessibility of federal buildings and facilities through enhanced awareness and robust enforcement of the Architectural Barriers Act
  • Improve accessibility of federal information and communication technology through collaboration with other federal agencies
  • Be a model employer of persons with disabilities

The Board was established in 1973 with the primary purpose of enforcing the ABA. The ABA requires that most buildings designed, constructed, altered, or leased by the federal government and certain other federally financed facilities be accessible to people with disabilities. The Board enforces the ABA by investigating complaints received from members of the public or federal employees.

Complaints received concern post offices, national parks, military facilities, veterans’ hospitals, courthouses, and a variety of other facilities. When the Board has jurisdiction and finds that the applicable accessibility standards were not followed, it requires a corrective action plan and monitors the case until the barrier is removed. Even when the Board does not have jurisdiction, or no violation is found, it attempts to negotiate voluntary barrier removal. For covered buildings where corrective action is required, the Board has a 100% compliance rate.

In resolving complaints, the Board has learned that most violations are not intentional. When violations are found, it is usually because the people responsible for designing buildings, reviewing plans, and on-site construction were not well-informed of the accessibility standards or how to apply them. As such, the Board takes proactive measures to work with federal agencies, such as conducting training sessions, to ensure that, before starting a new project or executing a new lease, they understand and comply with their ABA obligations.

While the Board continues to successfully execute its ABA-related mandates, its responsibilities have expanded significantly during its nearly 50-year history. One such responsibility includes ensuring that ICT is accessible to people with disabilities, as required by Section 508 of the Rehabilitation Act for federal agencies to only develop, procure, maintain, and use ICT that is accessible.

In all its work, the Board seeks to remove barriers to equity and inclusion for, and increase the dignity and respect of, individuals with disabilities. The Board acknowledges that these outward, public-facing endeavors cannot succeed if it does not also focus its efforts internally, on its own employees. As such, the Board continuously strives to be a model employer of people with disabilities in all phases of the employment life cycle—from recruitment and hiring to advancement and retention. The Board actively recruits individuals with disabilities and other underserved communities into vacant positions. In FY 2023, the Board launched an internal staff training program to generate broader understanding and targeted outreach to underserved communities.

FY 2023 Results: ABA Enforcement and Awareness

In FY 2023, the Board received 201 ABA complaints and closed 167 complaints.

Of the 167 ABA cases closed in FY 2023, 54 cases (32%) were closed after the federal agency (or other facility owner/leaseholder) took corrective action to remedy building elements or features determined by the Board’s investigative findings to be ABA violations under the applicable accessibility standard.

In brief, the 54 ABA complaints closed in FY 2023 on the basis of completed corrective action can be broken down into four broad categories by facility type:

  • Defense-related and Veterans Facilities: The Board successfully resolved 8 ABA complaints against the DOD and Veterans Affairs (VA), including cases relating to: Fleet Readiness Center Southeast, a Navy facility aboard Naval Air Station Jacksonville (a multi-year project to install two new platform lifts in one building); The Dalles Lock and Dam, an Army Corps of Engineers facility on the Columbia River in The Dalles, Oregon (installation of four new accessible employee parking spaces); Maxwell-Gunter Air Force Base in Montgomery, Alabama (installation of two new curb ramps); the United States Disciplinary Barracks at Fort Leavenworth, Kansas (repair of a lift at the visitor entrance); and the Nashville VA Medical Center (repair of a parking garage elevator).
  • Post Offices: The Board successfully resolved 34 ABA complaints relating to U.S. Postal Service facilities, with major remedial work completed at post offices in: Clearwater, Florida (installation of a new sidewalk connecting the on-site public bus stop to the shopping center where the leased post office is located); Newport, Maine (installation of a new van accessible parking space and entrance ramp); New Concord, Ohio (installation of a new entrance ramp); Tallahassee, Florida (renovation of employee restrooms to install new accessible stalls); and New York City’s Lenox Hill neighborhood (repair of automatic door at the accessible entrance).
  • General Services Administration Facilities: The Board also successfully resolved 7 ABA complaints relating to facilities owned or leased by GSA, including: the Robert Jackson United States Courthouse, Buffalo (installation of passenger loading zone); the Joe Evins Federal Building, Oak Ridge, Tennessee (remediation of violations related to accessible parking spaces); a Drug Enforcement Agency (DEA) building in Detroit (reconfiguration of security barriers to create exterior accessible routes). 
  • Other ABA-Covered Facilities: In addition, significant corrective action projects were completed at 5 other ABA-covered facilities, including: Hawaii Volcanoes National Park (a multi-year effort to install compliant accessible parking spaces at the more than 20 parking lots throughout the Park); the research campus of the Environmental Protection Agency in Research Triangle Park, North Carolina (adjustment of manual opening forces of 30 interior doors to bring them into compliance); and the Bay Area Discovery Museum in Sausalito, California, a private museum operated on National Park Service land via a concession agreement (remediation of violations at several buildings and elements throughout the campus, including multiple issues related to accessible routes, doors, entrances, exhibits, and play areas).

The balance of ABA cases closed in FY 2023—113 out of 167, or 68%—were concluded for a range of technical or legal reasons: 22 because our investigation revealed that we lacked jurisdiction (because, for example, the building was built prior to 1968 and not altered since, and so not covered by the ABA); 17 because our investigation revealed that the complaint allegations did not constitute an ABA violation (because, for example, a building inspection revealed that the element at issue did in fact meet the minimum scoping requirements or technical specifications in the ABA standards); 1 where the standard-setting agency (USPS) issued a waiver; and 73 where we referred the matter directly to another entity (usually a Federal enforcement agency) since we determined, without an investigation, that the ABA did not apply to the complainant’s concerns but that another disability civil rights law, such as the Americans with Disabilities Act or the Fair Housing Act, did.

Note concerning referrals: For many years the Board’s practice for referrals was to simply provide complainants with information on how to file their non-ABA complaints with the appropriate agency. But, in an effort to lessen the burden on these individuals, in FY 2022 the Board slowly began implementing a process to forward the complaint directly to the correct agency, after obtaining complainants’ permission to disclose their identities. The Board expanded this implementation during FY 2023 so that now direct referral, whenever possible, is a standard operating procedure.

It is important to note a change in the data going forward. Through FY 2022, the Board reported on the cases it closed for administrative reasons, which ranged from being unable to act on unintelligible or “spam” filings to lacking sufficient detail to discern the nature of the allegations or to allow enforcement staff to contact the complainant to gather additional/clarifying information. Beginning with FY 2023, the Board will no longer report such complaints. The new software for the Complaint Tracking System (CTS), discussed below, allows the Board to refrain from assigning a complaint number to unactionable complaints, thus not counting them in totals for closed complaints. We expected this procedural change to lead to an overall decrease in the number of received and closed complaints, we instead have seen an appreciable influx of new complaints, which we attribute to greater public awareness about the Board and our ABA enforcement program (fomented by our DEIA efforts and outreach to underserved and Tribal communities, as well as a reinvigorated public affairs and social media effort).

Appendix C below provides final data for ABA cases closed in FY 2022 and FY 2023, including reasons for case closure, as well as projections for FY 2024 and FY 2025.

The success of the Board’s complaint resolutions, and its ABA enforcement program as a whole, is due to close collaboration with other agencies, particularly those the ABA charges with setting accessibility standards based on the minimum guidelines the Board writes: GSA, USPS, DOD, and HUD. The Board engages in at least monthly contact with the individuals at these agencies responsible for facility accessibility, where it not only principally discusses active complaints and the steps agencies are taking to resolve them, but also discusses opportunities for expanding the reach of technical assistance and training services to all other agency employees involved with facility design, construction, maintenance, and leasing. The Board’s goal in this regard is to ensure that ABA-covered facilities comply with all applicable accessibility standards.

The Board continues to respond quickly to all new complaints. Most complainants now file their complaints through the Board’s website using the Online ABA Complaint Form, while others e-mail complaints to the Board via a dedicated ABA enforcement email address. Some complaints are referred to the Board by the DOJ, with whom individuals may have filed a complaint about a facility they thought was covered by the ADA (enforced by DOJ) but which is actually covered by the ABA.

Regardless of method of submission, the Board contacts complainants to acknowledge receipt of their complaint and communicates with them regularly thereafter to keep them apprised of the progress in its investigation. Upon completing investigations, the Board gives complainants an opportunity to comment on the Board’s determinations and actions that have been taken before closing complaints. In prior years, at the end of the complaint process, the Board would seek feedback through an online Customer Satisfaction Survey. Beginning in FY 2023 we discontinued the survey since, for the prior three fiscal years, less than 1% of the complainants to whom the survey link was sent actually completed it.

In order to ensure greater public awareness of its work, the Board continues to post annually a list on its website describing all the ABA corrective actions taken that year to remediate accessibility barriers in federal buildings and facilities. But in the Board’s equity assessment required by Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (January 2021), the Board acknowledged a previously unmet need to focus its ABA outreach and enforcement on underserved communities, where members of those communities have higher incidences of disability and for whom the accessibility of federal buildings and facilities is essential. During FY 2023, the Board developed its internal three-part strategy for this effort: identifying underserved communities; identifying Federal buildings and facilities in those communities (particularly those where in-person government services are provided to the public); and conducting outreach to the Federal agencies that own or lease such facilities, both urging them to conduct accessibility assessments of those facilities and providing them with tools, resources, and technical assistance necessary to carry out those assessments.

In the final quarter of FY 2023, the Board completed the first prong of its strategy – identifying underserved communities – by developing a list of the 104 counties nationwide where: (a) a majority of the population is non-white (as seen in statistical data from the 2020 Decennial Census), and (b) 10% or more of the population reported (in 2021 5-year American Community Survey data) having an ambulatory disability. As discussed in further detail below, the Board will proceed with the second and third prongs of its strategy in FY 2024.

In another example of outreach to agencies who have a presence in underserved communities, during FY 2023 the Board held meetings with leadership and staff of the Indian Health Service (HIS) (a component of the Department of Health and Human Services (HHS)), which provides health care in a variety of settings in hundreds of American Indian and Alaska Native communities – with a focus on learning about accessibility barriers encountered at those health care facilities and understanding how the Board’s resources can best be leveraged to support the Service in remediating those barriers.

Likewise, pursuant to its obligations under Executive Order 14035 Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce (June 2021), the Board is developing a strategy of collaboration with the OMB, the Office of Personnel Management (OPM), and other agencies to ensure that all federal employees know about the ABA and the fact that they can file ABA complaints with the Board. In addition, the Board’s strategy will help other agencies comply with their obligations pursuant to this Executive Order to ensure that their facilities not only comply with the ABA and related standards but also go beyond those legal requirements to maximize the accessibility of agency workplaces and reduce the need for reasonable accommodations. In FY 2022, the Board published a document to assist agencies in identifying and advancing facility accessibility.

The Board will coordinate with HUD as necessary to assist in HUD’s adoption of The ADA Accessibility Guidelines (ADAAG) as its accessibility standards under the ABA. HUD has announced that it will issue a Notice of Proposed Rulemaking toward that end in June 2024: https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202210&RIN=2529-AB04.

During FY 2023, the Board completed the transition to a new cloud-based complaint tracking system that is more efficient and cost-effective than the version the agency was using for the past decade.

FY 2024 Planned Activities: ABA Enforcement and Awareness

The Board will continue to investigate complaints under the ABA. Based on complaint receipts and closures to date in the current fiscal year, it expects to receive 288 new complaints, and close 257. Of the 257, the Board expects to close 77 following investigations resulting in the completion of corrective action, with an additional 31 investigations resulting in determinations that it lacked jurisdiction and 24 that the complaint allegations did not amount to a violation of the standards, as well as a single complaint where we are expecting the agency to issue a waiver. The Board expects to refer complainants to other federal agencies in 124 matters when it is clear—prior to the commencing of an investigation—that the allegations relate to a disability-related or civil rights law other than the ABA.

As noted in the preceding section “FY 2023 Results: ABA Enforcement and Awareness,” beginning with FY 2023 the Board is no longer including spam, unintelligible, or otherwise unactionable complaints in our totals of complaints received and closed. As set out in Appendix C, the Board will not be closing any complaints for administrative reasons in FY 2023 and beyond.

The Board will continue to provide periodic updates to complainants on the status of their complaints. It will continue to refine program processes based on performance measures previously developed to better increase efficiency in the operation of the compliance and enforcement program.

Consistent with Executive Order 14035, the Board will continue to execute its plan to work with federal agencies across the government to ensure that they are aware and fully understand their minimum obligations under the ABA and ways they can go beyond those requirements so that the federal government can be a model of facility accessibility that will reduce the need for reasonable accommodations. During the first quarter of FY 2024, the Board began developing a checklist of accessibility requirements in the ABA standards, which upon completion will be disseminated to agencies to aid them in conducting accessibility assessments of their facilities. The Board will also take proactive measures to ensure that federal employees are aware about the ABA and how they can file ABA complaints with the Board in the event they encounter accessibility barriers in their workplaces.

In the second quarter of FY2024, the Board released a video, “Learn How to File an Architectural Barriers Act Complaint,” which, in addition to filing instructions, provides background information on our ABA enforcement program. The Board also plans to publish a year-end news story on its website that summarizes the ABA cases closed during the fiscal year.

Consistent with Executive Order 13985 and its Equity Action Plan, the Board will execute the second and third prongs of its strategy pertaining to underserved communities, developed during FY 2023 and discussed in greater detail above, namely: identifying all Federal facilities (particularly those that are public-facing) in the previously defined cohort of 104 underserved counties) and conducting outreach to the agencies that own or lease such facilities to encourage them to conduct accessibility assessment and supporting them through the provision of technical assistance. Such agencies include the GSA, USPS, Social Security Administration (SSA), and Bureau of Indian Affairs (BIA), The Board anticipates completing this part of the effort – and the project as a whole, by the end of FY 2024. Finally, the Board will support HUD, as necessary, as it proceeds with implementation of its updated ABA accessibility standards.

FY 2025 Objectives: ABA Enforcement and Awareness

Aside from its efforts under Executive Order 14035, the Board will continue to support those agencies to which it conducted outreach in FY 2024 as part of its initiative concerning ABA-covered facilities in underserved communities, consistent with Executive Order 13985 and its Equity Action Plan.

The Board will continue to provide effective and responsible customer service and increase efficiency in the operation of the compliance and enforcement program.

FY 2023 Results: Accessible Federal Information and Communication Technology

The Board develops and issues Section 508 accessibility standards, provides authoritative interpretations, technical assistance, and training on Section 508 to federal agencies, and supports the development of accessibility tools and best practices. In these roles, the Board collaborate extensively with GSA, and together, they develop and post resources to the website which serves as the federal government’s central repository of accessible ICT information and resources.

During FY 2023, the Board provided extensive training to other federal agencies to promote accessible ICT through the bi-monthly best practices webinars, individualized agency trainings, presentations at agency accessibility events, and via the annual Interagency Accessibility Forum (IAAF), a conference for federal agencies.

The Board co-leads the development of the ICT Testing Baseline Portfolio which establishes minimum requirements for test processes to ensure that all Section 508 requirements are evaluated accurately and consistently. Agencies can use the baselines to determine if their test processes produce accurate Section 508 conformance test results. The portfolio is comprised of four different areas: a Baseline for Web and an alignment framework, development of a Baseline for Documents, and reporting tools. The Baseline for Web was released in FY 2021 and the Board worked on updates during FY2023. New updates for the Baseline for Web and the Baseline for Documents are both expected to be released in FY 2024.

The Board is supporting the University of Maryland Initiative for Digital Accessibility (MIDA), on their research project to develop a hybrid test methodology that aligns with the ICT Testing Baseline for Web. The Board met with project staff to develop guidance on research parameters and protocols during FY2023. The Board continues to provide subject matter expertise on web accessibility, testing tools, accessibility requirements, and project goals. The Board anticipates the project to be completed in FY2025 and will provide federal agencies with a testing solution that will aid in their Section 508 conformance efforts.

The Board led an Accessibility Community of Practice (ACOP) project funded by the Federal Chief Information Officers Council to “Standardize the federal acquisition and IT product accessibility evaluation practices to ensure the government procures accessible technology and development services.” The ACOP working group consists of subject matter experts who are developing guidance for procurement of accessible ICT and supporting tools. The project will be completed by the 2nd Quarter of FY 2024.

The Board co-facilitates the World Wide Web Consortium (W3C) Web Accessibility Initiative (WAI) Accessibility Conformance Testing (ACT) Task Force. This Task Force develops and maintains a repository of test rules. Approximately 30 have been published to date. These rules promote a unified interpretation of the Web Conformance Accessibility Guideline requirements among different web accessibility test tools and methodologies. The Board also contributes Trusted Tester implementation results for the ACT rules.

The Board actively participates in the W3C WAI Accessibility Guidelines Working Group (AG WG). The last version of the Web Content Accessibility Guidelines, (WCAG 2.2) was published in FY 2024. This work builds on the Board’s previous contributions to WCAG 2.0 and WCAG 2.1. The AG WG is now focusing on defining parameters for WCAG 3.

The Board provided in-depth review and significant feedback with recommendations to improve the DOJ Title II of the ADA NPRM, “Nondiscrimination on the Basis of Disability: Accessibility of Web Information and Services of State and Local Government Entities.”

During FY 2023, The Board worked closely with GSA in developing self-assessment criteria, providing technical assistance to agencies submitting self-assessments.

FY 2024 Planned Activities: Accessible Federal Information and Communication Technology

During FY 2024 the Board will continue working with GSA in developing qualitative analysis on the agency self-assessment reporting data and recommendations in the report to Congress. In addition, the Board will assist in modifying assessment criteria for the FY2024 agency self- assessment.

During FY2024, OMB is requesting the Board’s assistance in fulfilling the M-23-22: Delivering a Digital-First Public Experience task, digital experience indicators for accessibility. The Board is recommending automated scan configurations and providing guidance to the scan team on reporting accessibility results.

OMB Memo: M-24-08: Strengthening Digital Accessibility and Section 508 in Federal Service tasks the Board with four action items:

  1. The Board and GSA, in coordination with OMB, will review and update existing government-wide resources (e.g., websites, best practices, guides, and playbooks) related to the accessibility of websites and digital services, including resources on Section 508 requirements, to identify opportunities to provide further assistance to agencies and consolidate existing resources. Anticipated updates to Section508.gov include sample accessibility statements, best practices for establishing and maintaining a public feedback mechanism, and best practices for establishing and maintaining a formal Section 508 complaint process.

  2. The Board, GSA and OPM will review existing Section 508 professional certification programs, identify opportunities to establish a professional certification program and create and publish guidelines for acceptable commercial certifications for Section 508 program managers.

  3. GSA, in consultation with the Board, will explore options for establishing a standardized accessibility conformance reporting process for government procurement of ICT, which should include a central repository of vendor accessibility conformance reports.

  4. GSA, in consultation with the Board, will explore establishing a Federal digital accessibility design and testing lab staffed with accessibility specialists who can perform automated and manual testing and assessments of agency ICT, as well as provide user research and usability testing related to the accessibility of ICT.

The Board will further leverage its roles in co-chairing two subcommittees of the Chief Information Officer Council (CIOC) Accessibility Community of Practice. Further development is underway to establish a framework and tools for which agencies can assess and monitor web site accessibility conformance with the Section 508 standards. In addition, the Board intends to refresh the bi-monthly Section 508 best practices webinars and will co-sponsor the annual Inter-Agency Accessibility Forum (IAAF) that educates federal employees on the latest developments in accessible information and communication technology.

As a leader serving on the ICT Testing Baseline (for federal government) and the Accessibility Conformance Testing (ACT) (international), the Board will work towards ensuring agreement with accessibility standards requirements and how to test for conformance.

In FY 2024, the Board will continue providing webinars, training, and guidance to federal agencies on any updated requirements and newer provisions of the 508 Standards. As part of this effort, it will provide guidance to federal agencies on their annual update of the DEIA strategic plans to further advance the accessibility of ICT used by employees.

The Board plans to continue its contributions to W3C WAI activities, including AG WG and Accessibility Conformance Testing Task Force (ACT TF).

The Board will continue collaborations with W3C WAI, including publication of updated WCAG 2 ICT guidance and facilitation of a task force reviewing WCAG 2 informative resources.

The Board will release an updated version of the ICT Testing Baseline for Web and a new Baseline for Documents in FY 2024. Work will continue on development of alignment tools, including test cases and reporting. Collaboration with University of Maryland will continue to develop a hybrid test methodology for web content. This will combine automated test tools and manual testing to ensure accurate and consistent test results for Section 508 conformance.

The Board will lead the development of guidance developed by the ACOP to improve evaluation practices in federal ICT procurement. The Board will lead the ACOP working group and secure support efforts to produce the supporting tools and instructional aids for the guidance.

FY 2025 Objectives: Accessible Federal Information and Communication Technology

The Board plans to continue its collaborations with GSA, OMB, and other federal agencies in further promoting ICT accessibility in FY 2025.

The collaborative project with the University of Maryland is expected to conclude with development of a hybrid test methodology for web content. This will combine automated test tools and manual testing to ensure accurate and consistent test results for Section 508 conformance.

The Board will continue to support any new OMB directives to agencies in complying with the Section 508 accessibility standards and to support new agency reporting requirements.

FY 2023 Results: Model Employer of Persons with Disabilities

As underscored by EO 14035 Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce, the federal government, as the Nation’s largest employer, has a special responsibility to lead by example in including people with disabilities in the workforce. The Board prides itself on its history of inclusiveness in employment. It is part of who the Board is as an agency, and the will continue this effort as it moves forward to be a model employer of people with disabilities.

In FY 2023, the Board took steps to ensure that leaders at all levels promote the vision for DEIA. The agency maintained a new performance standard for supervisors and managers that focuses on employee career development and the cultivation of an inclusive, constructive work environment that is committed to EEO policies and principles and is based on transparent communication, mutual trust, and respect. 

During early FY 2023, the Board contracted with a leading diversity and inclusion consulting business to assist in its internal implementation of EO 14035 for its workforce. The Board participated in a series of four internal trainings that expanded understanding and empathy of Indigenous people, facilitated interactive conversations on the benefits of diversity, an update of appropriate disability terminology, and discussions that included personal experiences with micro aggressions. These efforts stimulated additional conversations in small groups amongst staff and supervisors and established a foundation to encourage more dialogue and appreciation of diversity in our workforce and in serving the American public.

The Board maintains a file of “Schedule A” applicants that is reviewed prior to the posting of agency vacancies. Schedule A provides a means for agencies to hire qualified people with disabilities outside of the usual process for hiring into the competitive service. Individuals with disabilities may be hired into “excepted service” positions and then converted to the competitive service after having demonstrated successful job performance over a period of time.

FY 2024 Planned Activities: Model Employer of Persons with Disabilities

As a micro agency, the Board and its employment initiatives and goals are limited to its 30 staff positions, since the selection of governing Board members rests with the White House. Historically, the agency has had exceptionally low turnover, oftentimes resulting in several years when the Board has had no vacancies. In a typical year, the Board may recruit for one or two positions. In these recruitment moments, the agency has an exemplary record of inclusion.

To further this goal for FY 2024, the Board is continuing its efforts to ensure that leaders at all levels promote the vision for DEIA by taking actions to increase diversity and equity in the workforce and maintain an inclusive and accessible workplace. Additionally, the Board is improving the consistency of desired outcomes by strengthening policies and procedures and utilizing technology.

FY 2025 Objectives: Model Employer of Persons with Disabilities

The Board plans to continue its efforts and practices for hiring people with disabilities in FY 2025. As part of this effort, it will recruit, hire, and develop a high-performing workforce that reflects the diversity of communities the Board serves by optimizing outreach.

Promote Accessibility Throughout Society

As noted above, the Board’s technical assistance and ABA enforcement program contribute to promoting accessibility in various segments of society. The Board also promotes accessibility in the public sphere in other ways, apprising various audiences about accessible design, disability-related issues, and its programs and services. The Board has two primary objectives in this program area:

  • Identify and address inequities in accessibility faced by underserved communities
  • Identify and work to address barriers to accessibility beyond those covered by the Board’s guidelines and standards

The Board approaches these objectives with four strategies:

  1. To sustain and increase public awareness of the Board and its activities
  2. To hold events where the Board can hear from members of the public
  3. To learn more about communities impacted by accessibility barriers and disability-related concerns
  4. To strengthen relationships with Access Board stakeholders

FY 2023 Results

Access Board Meetings

Under the agency’s bylaws, as revised in November 2022, the Board holds four Board Meetings per year, one of which is usually outside the Washington, D.C. area. In general, two of the four meetings are in-person, and the other two are conducted virtually. Board Meetings are typically held over two or three days and include both informal (i.e., closed to the public) sessions and formal (i.e., open to the public) sessions. Some of the sessions often serve as opportunities for Board Members and staff to strategize, and hold in-person and virtual public events to gather information on accessible design and accessibility barriers and engage with members of the public and organizations.

During FY 2023, the Governing Board met in November 2022, and in January, March, and July 2023. In November and January, the formal sessions were open to the public through live web streams. In March, the formal session was hybrid for members of the public, with in-person attendance at the Board’s office building. At the July meeting, the Board held a town hall meeting and reception in Baltimore, MD for members of the public to join in person and provide public comments or virtually to only listen to the event. Archival video recordings of formal sessions of Board Meetings are also posted on the Access Board’s YouTube Channel and website.

On the first day of the July Board Meeting, Board Members and staff visited Chesapeake Region Accessible Boating (CRAB) Adaptive Boating Center in Annapolis, MD on July 24, 2023, to learn about CRAB’s new accessible boathouse and marina and adaptive boating program for people with disabilities. Over the last five years, CRAB consulted with several organizations, including the Board and its Accessibility Specialists who provided technical assistance in the accessible design of the facility. During the visit, Board Members and staff were presented with an accessible sailing and boating demonstration and a tour of the facility. Informal sessions were also held on that day.

On the second day of the July Board Meeting, Board Members and staff visited the national headquarters of the National Federation of the Blind (NFB) in Baltimore, MD to tour the building and facilities, including Jacobus tenBroek Library, the gym and workout room, and the International Braille and Technology Center for the Blind, and meet with NFB leadership to learn about accessibility implementations and efforts of the organization. In the afternoon, the Board held a town hall meeting at NFB where members of the public had the opportunity to provide public comments.

Attendance at the July town hall meeting was 122 in-person and 90 online. 20 in-person members of the public provided public comments. They voiced their concerns regarding accessibility and barriers with hotel rooms; transportation in Baltimore; pedestrian facilities, curb ramps, and audible signals; prescription drug container labels; accessible broadband connection in rural areas; the lack of enforcement of Section 508 and ICT; the lack of data on accessibility; and other topics. After the town hall meeting, the Board held a reception and networking event to provide opportunities for members of the public to further interact and engage with Board Members and staff. Board Members and staff sought to better understand accessibility inequities, including those in underserved communities. The Board will consider this information as it strategizes how its services and programs may serve the public beyond rulemaking.

At the end of FY 2023, Board staff began preparation for the April 2024 Board Meeting in Los Angeles. This Board Meeting will primarily focus on accessibility and discrimination in the entertainment industry. In September 2023, some staff traveled to Los Angeles to meet with a range of stakeholders: disability organizations; writers, actors, and producers with disabilities; studio representatives; talent agents; representatives from the Academy of Motion Pictures,

Virtual Public Events

In FY 2023, the Board partnered with the White House to co-host the virtual event “Disability Community Stakeholders Briefing on White House Automated Worker Surveillance and Management RFI.” The event focused on automated worker surveillance and management technologies — including how disability community stakeholders can respond to the White House Request for Information (RFI) on these technologies. The event included presentations from White House officials in the Office of Public Engagement, Office of Science and Technology Policy, and Domestic Policy Council. Additionally, stakeholders were provided the opportunity to ask questions. Responses to the RFI will be used to inform new policy, share relevant research data, and amplify best practices among employers, worker organizations, technology vendors, developers, and others on automated technologies that monitor and track workers.

The agency also collaborated with OPM in planning and developing OPM’s “DEIA Summit 2022: A Whole-of-Government Approach to Disability Employment,” which was held in December 2022. The Summit focused on approaches to integrating disability employment across all areas of DEIA in the federal workforce. Over the three days, agency practitioners provided presentations, skill-builder sessions, and panel discussions on various topics, including reasonable accommodations, equity and civil rights for people with disabilities, accessibility in strategic plans and mission priorities, best practices for accessibility in built and digital workplaces, and strategic recruitment, hiring, and retention. The Board also presented on disability culture, accessible federal buildings and facilities, and accessibility in digital environments.

Staff Presentations

In FY 2023, Board staff presented at many national, regional, and state conferences, forums, and events to advance accessibility and inclusion for people with disabilities. Board staff presented on various topics, such as the President’s Executive Orders, emerging technology and trends, information and communication technology resources, accessibility in the federal workplace, accessible voting and polling places, and the guidelines and standards under the ADA, ABA, and Section 508, to name a few.

Communication with the Public

In addition to the Board’s services (technical assistance and trainings), the Board has several communication channels to engage with and serve the public. The Board has a free e-subscription for the purpose of distributing its news releases. In FY 2023, the Board had its largest yearly growth of subscribers: from 53,119 to 68,013 subscribers (+28.04%). The Board also increased its total number of email bulletins distributed to subscribers in FY 2023, totaling 6,329,302 (+51.46% from FY 2022).

The Board continues to use social media platforms to amplify its messages, mission, technical assistance, events, and public engagement. Since 2015, the Board has used Twitter for its primary social media account, but in 2021, the Board expanded its social media channels by creating two new accounts: Facebook page and LinkedIn organization page. At the end of FY 2023, the Board’s Twitter account had 2,601 followers, LinkedIn organization page account had 3,414 followers, and Facebook page had 720 followers. All three of these accounts saw significant increases in followers and engagement. The Board’s YouTube Channel provides technical information via its popular animations, videos, and recordings from the Board’s public events.

The Board also frequently meet and interview with journalists at media outlets to discuss accessibility guidelines and standards, rulemaking, and best design practices in various areas of the built environment and Section 508.

Executive Orders

The Board has also dedicated more staff time and resources to fulfilling the Biden-Harris Administration’s Executive Orders 13985 Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, 13175 Tribal Consultation and Strengthening Nation-to-Nation Relationships, and 14035 Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce. As an agency dedicated to accessible design for people with disabilities, all of the agency’s activities in some way advance equity and remove barriers for underserved individuals; however, the agency has dedicated more staff time and resources to ensuring that people with disabilities in underserved communities and Tribal Nations are informed about and acquire its services. The following actions provide some highlights of accomplishments in FY 2023:

  1. Provided DEIA training to the Board staff on various topics, including understanding and engaging with tribal communities, and understanding race, gender, and disability to create inclusivity in the workplace

  2. Delivered presentations and provided technical assistance to other federal agencies and departments that focus on serving or working with American Indian and Alaska Natives populations, including the Indian Health Service and the Administration for Community Living

  3. Provided technical assistance for a National Congress of American Indians resolution on accessibility of ceremonial spaces

  4. Published ABA and ADA Standards and Guidelines and agency technical assistance materials in Spanish on Access Board website

  5. Conducted outreach to federal agencies regarding prioritization of barrier remediation in federal buildings located in or near underserved communities

  6. Met with non-profit organizations focused on accessibility and people with disabilities

FY 2024 Planned Activities

Thus far in FY 2024, the Board continues to promote awareness of its work, programs, and service. The Board also plans to execute the following activities in FY 2024:

  1. In April 2024, the Board will host a town hall in Los Angeles, California to learn about the state of accessibility in the region directly from residents, as well as to share information about the Board’s rulemaking agenda and services. The Board will meet with City of Los Angeles officials to promote accessibility in local government services, as well as provide training directly to municipal staff. The Board will also meet with various representatives from the film and television industry to promote accessibility in the entertainment space and increase awareness of the Access Board’s technical assistance services.

Outreach

The Board will continue to undertake initiatives to enhance equity for historically underserved communities. As part of this effort, the Board will include in its Communication and Outreach Strategy and Plan a particular focus on outreach activities that provide information on services and programs to underserved communities with high rates of disability and professionals serving those communities. The Board will also strive to establish and strengthen relationships with other federal agencies that own or lease federal facilities where in-person services are provided to underserved communities with high rates of disability. As noted above, it will also work with federal agencies to establish ABA compliance strategies aimed at proactively ensuring the accessibility of buildings and facilities in underserved communities through accessibility assessments and the remediation of architectural barriers.

At the beginning of FY 2023, the Board contracted with the marketing firm The Georgetown Firm, which is a research-based solutions management consulting firm. The Georgetown Firm has a marketing team that has worked for many similar programs and offices within the federal government, creating strategies and plans to reach stakeholders tied to an agency’s mission and the consumers of an agency’s content. As a micro agency, the Board often faces the issue of low visibility among the public and in the federal sector and a lack of resources (i.e., FTE, labor, and time) to maximize its interfacing with stakeholders and audiences. The contract work resolves this issue by contributing to and enhancing the Board’s efforts to raise its public profile, serve the public with services and programs, expand its stakeholders and audiences, and reach underserved populations. The Board will utilize the information to create strategies on stakeholder engagement that will further our mission.

FY 2025 Objectives

The Board aims to strengthen relationships with existing stakeholders and audiences by continuing to reach out to professional associations, trade groups, federal agencies, and other organizations whose stakeholders can benefit from its services and programs. Additionally, the Board will continue to build relationships with other federal agencies who serve underserved communities, especially Tribal Nations. One of the goals of this work is to listen to and learn about accessibility and barriers in Tribal communities through attendance at Tribal conferences and gatherings, presentations to Tribal leadership and officials, and hosting listening sessions.

The Board also aims to acquire new stakeholders and audiences, specifically those in underserved communities, through outreach, promotional materials development, and more Spanish-translated agency documents. These activities will be included in the Board’s Communication and Outreach Strategy and Plan and developed based on the recommendations in The Georgetown Firm’s Marketing Plan.

Improve Agency Systems and Modernize Operations

For FY 2022 through FY 2026, the Board has added a stewardship objective to its strategic plan to improve agency systems and modernize operations. The Board has set the following objectives:

  • Use data and technology to enhance operations and services
  • Use tools and internal systems to consolidate and retain agency knowledge
  • Update agency policies, procedures, and administrative regulations

The Modernizing Government Technology Act delivers a clear mandate to federal agencies to look for ways to increase efficiency and effectiveness and improve service to the public. The Board has a requirement to employ centralized identity management systems for agency users that can be integrated into applications and common platforms. Information Technology (IT) resources are critical in support of the Board’s strategic objective to improve agency systems and modernize operations. This objective includes using data and technology to enhance operations and services, using tools and internal systems to consolidate and retain agency knowledge, and updating agency policies, procedures, and administrative regulations. The overall goal of the Board, in accordance with recent and ongoing IT mandates, is to create a common environment for enterprise platform standards, processes, and governance, modernize legacy agency equipment, and secure and enhance the IT infrastructure. The IT appropriation provides resources for IT security enhancement modernization efforts, continued adoption of cloud-based computing solutions, consolidation of infrastructure and networks, and the modernization of legacy IT systems and applications. This funding level will also support the maintenance and enhancement of foundational capabilities that facilitate cloud migration and increase functionality.

Appendix A

Access Board Budget
  FY 2023 Enacted FY 2024 Request FY 2025 Request
Budget Total 9,850,000 9,955,000 9,955,000
Personnel (total) 5,724,600 5,947,100 6,066,000
Salary (subtotal) 4,325,300 4,493,700 4,583,500
Salary (Staff) 4,097,200 4,256,500 4,341,600
Salary (Board) 228,100 237,200 241,900
Benefits 1,399,300 1,453,400 1,560,000
Board Meetings / Public Hearings 238,800 215,100 200,000
Travel (total) 40,000 40,000 40,000
Travel (Committee Meetings) 0 0 0
Travel (Training / Site Visits / Other) 40,000 40,000 40,000
Space Management 789,500 742,000 763,000
Research (total) 325,000 350,000 250,000
Technical Research 25,000 0 25,000
Cost Assessments / RIA 300,000 350,000 225,000
Admin Support Services 1,039,700 1,025,700 1,027,200
It Support Services 1,540,700 1,482,900 1,460,300
Printing 60,000 60,000 60,000
Misc Operating Expenses (total) 91,700 92,200 88,500
Postage / Courier / Mailing Services 5,000 5,000 5,000
Staff Training 20,000 20,000 18,000
Equipment 5,000 5,000 5,000
Supplies 10,000 10,000 8,000
Drug Testing 900 1,300 1,500
Audits 35,800 35,900 36,000
Books 5,000 5,000 5,000
Other 10,000 10,000 10,000

Cost Discussion

The Board is requesting a total budget authority in FY 2025 of $9,955,000. As of date, Congress has not completed action on any FY 2024 appropriations bills. The FY 2024 funding amounts shown are based on the FY2024 Budget request level.

Personnel

FY 2024: $5,947,100

FY 2025: $6,066,000

The Board anticipates it will use 30 FTE in FY 2025. The Board plans on five days of pay per Public Board member (Presidentially appointed) for one in-person Board meeting in D.C. and five days for one out-of-town meeting. Two of its regular board meetings will be held virtually, and members will receive three days of pay for each of those meetings.

In addition, the Board has included funds for salaries for a total of ten additional days for information meetings where some of its Public Board members participate in ad-hoc meetings or represent the agency in other meetings (such as meetings of the EAC).

The Board has calculated benefits (including the transit subsidy) based on its experience with the benefit packages employees have chosen in the past. Benefits for Public Board members include only the Social Security and Medicare allotment from the employer.

Personnel staff salary line includes a performance award amount equal to approximately 4 percent of GS salaries. This will allow the Board to provide meaningful recognition for annual performance awards and provide for special act awards where warranted.

Board Meetings / Public Hearings

FY 2024: $215,100

FY 2025: $200,000

This budget line includes all costs related to its board meetings and public hearings, except for salaries. This includes travel expenses, meeting space rental, Communication Access Realtime Translation (CART), and sign language interpreters for all board and other public meetings.

In FY 2023, the Board revised its contract requirements, reducing the number of scheduled board meetings from six per year to four per year. The reduction in the number of meetings will result in a decreased funding requirement.

Travel

FY 2024: $40,000

FY 2025: $40,000

The Board’s travel budget primarily covers its travel expenses related to attendance at annual trade meetings related to its accessibility-related mission. Examples include the annual CSUN technology exposition and meetings of building code groups of which the Board is a standing member, such as the ANSI A117 committee. Occasionally, the Board staff conduct site visits related to Architectural Barriers Act complaints. In conjunction with some rulemaking, the Board occasionally establishes special committees, and the travel for those committees would be included on this budget line.

Other travel expenses are for the purpose of conducting accessibility training, which is a core part of the Board’s mission. The Board also participates in international government consortiums to share information on accessibility policy.

Space Management

FY 2024: $742,000

FY 2025: $763,000

The Board’s rent is set by GSA. The Board entered into a new occupancy agreement, effective January 1, 2022. The amount included reflects the estimate provided by GSA. The amount on this line also includes other costs related to its space, such as maintenance and security.

Research

FY 2024: $350,000

FY 2025: $250,000

Contracting for research to assist in its guidelines and standards development and to provide technical assistance materials is crucial to the Board’s mission. Funds also are used to conduct required regulatory assessments for its rulemaking. The research funds requested will allow the Board to move forward with its rulemaking agenda, which includes the issuance of new guidelines and updating existing guidelines.

Administrative Support Services

FY 2024: $1,025,700

FY 2025: $1,027,200

The Board has an interagency agreement with the Bureau of the Fiscal Service (BFS) in the Department of the Treasury to provide procurement, financial, payroll, and personnel services. The Board also has agreements with various other federal agencies for administrative support. Approximately $790,000 of its costs are for services the Board receives from BFS. Additional costs are for support of its webinars, through which most of its training is conducted. The Board also has contracted for records management consulting services, and has another contract for GovDelivery, which supports its public outreach initiative.

Information Technology Support Services

FY 2024 $1,482,900

FY 2025 $1,460,300

This is the yearly cost of the Board’s telephone and desktop computing needs including desktop and laptop computers, assistive technology, local area network servers, software, printers, and maintenance and support services (including website hosting and internet service). A large portion of its IT budget goes toward the provision of network security and operational integrity of the Board’s network. This includes a network certification and Authority to Operate, Trusted Internet Connection, and use of the Einstein system to comply with OMB Memorandum M-17-25, “Reporting Guidance for Executive Order on Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure.” This also includes support of the Privacy Program, to include training, contractor support and automation. These expenditures will help the Board meet the Federal Information Security Management Act and provide certification of the Board’s network, required to access other agency networks (e.g., the Bureau of the Fiscal Service’s HR Connect System for personnel services). Funds also will be used to provide annual security network maintenance for the Continuous Diagnostics and Mitigation Cybersecurity program.

Printing

FY 2024 $60,000

FY 2025 $60,000

Publishing proposed and final rules in the Federal Register is a relatively high cost for the Board. Printing in the Federal Register costs $453 per page. Other items in this category include printing its final rules in the Code of Federal Regulations and miscellaneous printing requirements.

Miscellaneous Operating Expenses

FY 2024 $92,200

FY 2025 $88,500

Expenditures in this category include postage, overnight shipping, and in-town delivery service. The Board contracts with the Interior Business Center in DOI to provide services for the mandatory drug testing program. Other expenditures are for miscellaneous operating expenses not reflected elsewhere. Its yearly financial audit is included along with accessible design materials, staff training, office supplies, and equipment purchases.

Appendix B

Status Of Current Access Board Rulemaking Efforts

ADA Accessibility Guidelines (ADAAG) for Transportation Vehicles – Update (rail vehicles).

This rulemaking would update the Board’s existing accessibility guidelines for transportation vehicles that operate on fixed guideway systems (e.g., rapid rail, light rail, commuter rail, and intercity rail) covered by the ADA. The existing rail vehicles guidelines were initially promulgated in 1991, and need an update to, among other things, keep pace with newer accessibility-related technologies, harmonize with recently developed national and international consensus standards, and incorporate recommendations from the Board’s Rail Vehicles Access Advisory Committee’s report. Past and recent efforts related to this regulatory initiative include:

  • notice of intent to establish advisory committee: February 14, 2013
  • notice establishing advisory committee: May 23, 2013
  • full committee meetings: November 13-14, 2013; January 9-10, 2014; April 10-11, 2014; September 11-12, 2014; February 26-27, 2015; April 23-24, 2015; June 4-5, 2015
  • committee presented recommendations to the Board: July 29, 2015
  • advance notice of proposed rulemaking: February 14, 2020
  • notice of public hearing: February 27, 2020
  • notice of extension of comment period: April 10, 2020

Guidelines for Self-Service Transaction Machines and Kiosk.

SSTMs and self-service kiosks are now a common feature in places of public accommodation, government offices, and other facilities. They allow customers to conduct an expanding range of transactions and functions independently. SSTMs serve as point-of-sales machines for self-checkout in a growing number of retail facilities, grocery stores, and drug stores. SSTMs and self-service kiosks also allow customers to check-in at airports and hotels and to place orders in restaurants and retail facilities.

SSTMs and self-service kiosks have long posed accessibility barriers to people with disabilities, particularly those who are blind or have low vision. Robust speech output is necessary to provide access for users unable to see display screens. They also can pose barriers for users who are deaf or hard of hearing if lacking captioning and text equivalents for audible information. Further, these devices must be accessible to people with physical impairments, including those who use wheelchairs and other mobility devices, have limited dexterity, or who are of short stature. In FY 2022, the Board published an ANPRM in which it sought information from the public to inform its development of these guidelines. The Board received approximately 80 comments to the ANPRM.

  • Advance notice of proposed rulemaking: September 21, 2022

Electric Vehicle Charging Stations.

EV charging stations are becoming commonplace with the rising production and use of electric and plug-in hybrid vehicles. According to the U.S. Department of Energy, there are nearly 50,000 public EV charging stations with almost 127,000 charging ports across the country. The “Infrastructure Investment and Jobs Act,” which President Biden signed into law in November 2021, allocates $7.5 billion to build out a national network of 500,000 EV chargers to accelerate the adoption of EVs. In July 2022, the Board issued a technical assistance document on the accessibility of EV charging stations and is now developing an NPRM to include accessibility guidelines for EV charging stations as a supplement to the ADA and ABA Accessibility Guidelines. The Board intends to publish the NPRM in early 2024.

Passenger Vessels.

This rulemaking will address access to ferries, cruise ships, excursion boats, and other vessels. In 1994, the Board and DOT funded a research project to assess the feasibility and impact of providing access to a variety of vessels. This project was completed in July 1996 and provided valuable information for rulemaking. The Board and DOT also held an information meeting with organizations representing people with disabilities and the marine industry to determine the scope and complexity of the rulemaking.

In August 1998, the Board created a 22-member Passenger Vessel Access Advisory Committee to provide recommendations for a proposed rule addressing accessibility guidelines for newly constructed and altered passenger vessels covered by the ADA. The committee presented its report to the Board in November 2000.

The Board held public meetings in New Orleans (August 2003) and Seattle (September 2003) to gather information and input on viable access solutions that will allow persons with disabilities independent access onto and off of large vessels. Over 150 vessel designers and operators, pier operators, persons with disabilities, and others attended the meetings. In advance of the meetings, the Board toured vessels and boarding facilities at area ports. In November 2004, the Board published for public comment an ANPRM on access to and in smaller passenger vessels and a notice of availability releasing draft guidelines on access to and in larger passenger vessels.

In July 2006, the Board made available for public comment revised draft accessibility guidelines for passenger vessels. It received approximately 175 comments on the draft guidelines. Passenger vessel operators, individuals with disabilities, and organizations representing the various interest groups commented that a provision in the draft guidelines, which required emergency alarm systems to comply with “principles of best practice”, was vague and requested additional guidance. The Board agreed that additional guidance would be helpful and in August 2007 created a Passenger Vessel Emergency Alarms Advisory Committee to assist in this matter. The committee’s membership included representatives from disability organizations, the vessel and cruise ship industry and trade groups, and the National Fire Protection Association, among others. The committee presented its report to the Board in October 2008. In June 2008, the Board published revised draft guidelines to collect data necessary for a regulatory assessment. Meetings were held in August 2008 to collect this data.

In June 2013, the Board released for public comment proposed guidelines for passenger vessels. The comment period ended in January 2014. The next step for this rulemaking is a final rule. The Board suspended work on this rule in 2017 in light of the requirements of Executive Order 13777 Enforcing the Regulatory Reform Agenda. After not having included this rulemaking on its regulatory agenda for several years, the Board has identified this rulemaking as a long-term priority on its Fall 2023 is Semi-Annual Regulatory Agenda.

  • information meeting: April 15, 1996
  • notice of intent to establish advisory committee: March 30, 1998
  • notice establishing advisory committee: August 12, 1998
  • full committee meetings: September 24-25, 1998; November 18-21, 1998; February 4-6, 1999; April 21-23, 1999; July 21-23, 1999; October 20-22, 1999; February 9-11, 2000; April 26-28, 2000; September 19-22, 2000
  • committee presented recommendations to the Board: November 17, 2000
  • information meetings: August 20, 2003; September 9, 2003
  • notice of availability of draft guidelines and advance notice of proposed rulemaking: November 26, 2004
  • revised draft guidelines for large vessels, ferries, and tenders: July 7, 2006
  • notice of intent to establish advisory committee: June 25, 2007
  • notice establishing advisory committee: August 13, 2007
  • full committee meetings: September 19-20, 2007; November 28-29, 2007; February 12-13, 2008; August 12-13, 2008
  • committee presented recommendations to the Board: October 14, 2008
  • revised draft guidelines for large vessels, ferries, and tenders: June 26, 2008
  • information meeting: August 11, 2008
  • notice of proposed rulemaking: June 25, 2013

Medical Diagnostic Equipment.

Section 510 of the Rehabilitation Act required the Board to issue accessibility standards for medical diagnostic equipment, including examination tables and chairs, weight scales, radiological equipment, and mammography equipment in consultation with the Food and Drug Administration. The standards were required to address independent access to, and use of, equipment by people with disabilities to the maximum extent possible.

In July 2010, the Board held a public information meeting on this rulemaking to gather information from stakeholders with an interest in the new standards. A proposed rule was published in February 2012 and two public hearings were held. The comment period closed in June 2012; 53 comments were received. In March 2012, the Board created a 24-member Medical Diagnostic Equipment Accessibility Standards federal advisory committee to advise the Board on matters associated with the comments the Board received and information it requested in proposing the standards. The committee issued its final report in December 2013.

A final rule was published in January 2017; however, there are two technical provisions relating to the adjustability of transfer height surfaces that were made provisional to provide time for completion of additional research or other means of acquiring additional, needed data. That is, sections M301.2.1 and M302.2.1 of the MDE Standards establish a range of 17 - 19 inches maximum from the floor (rather than a single-height specification) for the low-side transfer position, with these low-height specifications “sunsetting” five years after the rule’s effective date (i.e., January 2022). The Board published a direct final rule in FY 2022 that extended the sunset date for M301.2.1 and M302.2.1. On May 12, 2022, the Board conducted an information meeting to solicit public comments to inform development of an NPRM to replace the sunset provision for M301.2.1 and M302.2.2. The results of a Board-sponsored study that considered the effects of low transfer heights of from 17 to 19 inches on individuals who use manual and powered wheelchairs were presented as part of the information meeting. The Board received more than 100 comments in response to the information meeting.

On May 23, 2023, the board issued an NPRM proposing a low transfer height of 17 inches, rather than a range of 17 to 19 inches. The Board received more than 70 comments on the NPRM. A draft final rule was submitted to the Board, which the Board voted to send to OMB for coordination under E.O. 12866.

  • information meeting: July 29, 2010
  • notice of proposed rulemaking: February 9, 2012
  • public hearings: March 14, 2012; May 8, 2012
  • notice of intent to establish advisory committee: March 13, 2012
  • notice establishing advisory committee: July 5, 2012
  • full committee meetings: September 27-28, 2012; December 3-4, 2012; January 22-23, 2013; February 26-27, 2013; March 26-27, 2013; May 7-8, 2013; June 17, 2013
  • committee presented draft recommendations to the Board - July 10, 2013
  • committee report completed: December 6, 2013
  • final rule: January 9, 2017
  • Notice extending sunset provision on low transfer heights for an additional three years: February 2, 2022
  • Information meeting: May 12, 2022
  • Notice of proposed rulemaking: May 23, 2023

Completed Access Board Rulemakings

ADAAG for Buildings and Facilities (Sections 1-9).

The ADA Accessibility Guidelines (ADAAG) initially consisted of nine sections. Sections 1 through 4 include general sections, scoping provisions, and technical specifications applicable to all types of buildings and facilities. The scoping provisions specify which and how many elements and spaces of a building or facility must be accessible (e.g., parking spaces, entrances, toilet rooms). The technical specifications describe how to design the elements and spaces covered by the scoping provisions, so they are accessible to and usable by individuals with disabilities. Sections 5 through 9 contain additional scoping provisions and technical specifications for the following facilities: restaurants and cafeterias (section 5); medical care facilities (section 6); mercantile establishments (section 7); libraries (section 8); and hotels, motels, and transient lodging (section 9).

  • advance notice of proposed rulemaking: August 31, 1990
  • public hearings: February 11, 1991 through March 7, 1991
  • notice of proposed rulemaking: January 22, 1991
  • final rule: July 26, 1991
  • Department of Justice adopted guidelines: July 26, 1991
  • Department of Transportation adopted guidelines: September 6, 1991

ADAAG for Transportation Facilities (Section 10).

This rulemaking added section 10 to ADAAG which contains additional scoping provisions and technical specifications for transportation facilities.

  • supplemental notice of proposed rulemaking: March 20, 1991
  • final rule: September 6, 1991
  • Department of Transportation adopted guidelines: September 6, 1991
  • Department of Justice adopted guidelines: January 18, 1994

ADAAG for Transportation Vehicles.

A separate ADAAG was issued for transportation vehicles for the following vehicles and systems: buses and vans, rapid rail vehicles, light rail vehicles, commuter rail cars, intercity rail cars, over-the-road buses, automated guideway transit vehicles, high-speed rail cars, monorails, and trams and similar vehicles.

  • notice of proposed rulemaking: March 20, 1991
  • final rule: September 6, 1991
  • Department of Transportation adopted guidelines: September 6, 1991

Automated Teller Machines.

In response to a petition for rulemaking, on July 15, 1993, the Board issued a joint final rule with DOT amending the reach range requirements for accessible automated teller machines and fare vending machines.

  • notice requesting public comment on petition for rulemaking: May 6, 1992
  • public hearing: May 28, 1992
  • notice of proposed rulemaking: September 8, 1992
  • final rule: July 15, 1993
  • Department of Transportation adopted guidelines: July 15, 1993
  • Department of Justice adopted guidelines: January 18, 1994

Children’s Elements.

This rulemaking added provisions to ADAAG for building elements designed for children’s use. The Board published an ANPRM in February 1993 seeking comment on general issues, such as the scope of the guidelines and the ages or grades that should be covered. Following an analysis of the comments, the Board published a notice of proposed rulemaking in July 1996. The Board published the final rule in January 1998.

  • advance notice of proposed rulemaking: February 3, 1993
  • notice of proposed rulemaking: July 22, 1996
  • final rule: January 13, 1998
  • Department of Justice adopted guidelines: July 23, 2010

State and Local Government Facilities (Sections 11-12).

This rulemaking added two special application sections to ADAAG for certain State and local government facilities covered by title II of the ADA. The two sections are 11 — Judicial, Legislative, and Regulatory Facilities, and 12 — Detention and Correctional Facilities. The rule also covers miscellaneous provisions that apply to State and local government facilities.

The Board published a notice of proposed rulemaking and conducted five public hearings on the proposed rule. Following an analysis of the comments, the Board published an interim final rule asking for additional comments. Provisions regarding accessible residential housing and public rights-of-way were proposed as part of the NPRM and the interim final rule. However, no action was taken on either of these subjects in the final rule. Provisions for accessible residential housing were proposed as part of the Board’s ADAAG Revision and ABA Accessibility Guidelines rulemaking. The Board convened a federal advisory committee to develop recommendations on access to public rights-of-way. It published a final rule in January 1998.

  • notice of proposed rulemaking: December 21, 1992
  • public hearings: February 22, 1993 (two hearings); March 2, 1993; March 9, 1993; March 15, 1993
  • interim final rule: June 20, 1994
  • final rule: January 13, 1998
  • Department of Justice adopted guidelines: July 23, 2010

Telecommunications Equipment.

The Telecommunications Act of 1996 required the Board to issue accessibility guidelines in conjunction with FCC for telecommunications equipment and customer premises equipment. The Board convened a 33-member Telecommunications Access Advisory Committee to assist the Board in fulfilling its mandate to issue the guidelines. The committee presented its report to the Board in January 1997. Based on the committee’s recommendations, the Board published a notice of proposed rulemaking in April 1997 and then a final rule in February 1998.

  • notice of intent to establish advisory committee: March 28, 1996
  • notice establishing advisory committee: May 24, 1996
  • full committee meetings: June 10‑12, 1996; August 14-16, 1996; September 25-27, 1996; November 6-8, 1996; December 16-18, 1996; January 13-14, 1997
  • committee presented recommendations to the Board: January 15, 1997
  • notice of proposed rulemaking: April 18, 1997
  • final rule: February 3, 1998
  • Federal Communications Commission adopted guidelines: November 19, 1999

Over-the-Road Buses.

The ADA requires the Board and DOT to issue guidelines and regulations for access to over-the-road buses. The Board and DOT co-sponsored an information meeting on over-the-road bus issues and in March 1998, it published an NPRM to amend the technical provisions for over-the-road buses to include provisions for wheelchair access and other miscellaneous provisions. DOT also published an NPRM on accessible over-the-road bus service. After reviewing the comments received in response to the NPRM, the Board issued final guidelines which include technical provisions for lifts, ramps, wheelchair securement devices, moveable aisle armrests, and revisions to specifications for doors and lighting.

  • information meeting: October 21, 1993
  • notice of proposed rulemaking: March 25, 1998
  • final rule: September 28, 1998
  • Department of Transportation adopted guidelines: September 28, 1998

Detectable Warnings Temporary Suspension.

In response to a petition for rulemaking, in 1994 the Board, DOJ, and DOT suspended temporarily until July 1996, the requirements for detectable warnings at curb ramps, hazardous vehicular areas, and reflecting pools so that a research project on this subject could be considered in determining whether any changes in the requirements were warranted.

In March and April 1995, the Board received petitions from two transit agencies and an organization of blind persons to review the requirements for detectable warnings at transit platform edges. The Board’s ADAAG Review Advisory Committee also considered the requirements for detectable warnings within the context of the committee’s complete review of ADAAG provisions. The committee recommended that the requirements for detectable warnings at curb ramps, hazardous vehicular areas, and reflecting pools that are currently suspended be eliminated. The committee recommended requiring detectable warnings at platform edges in transit stations, and allowing an “equivalent tactile surface,” and “equivalent detectability.” Since any amendment to the detectable warning requirements will be done as part of the scheduled review and update of ADAAG, in July 1996, the Board, DOJ, and DOT published a final rule to extend the temporary suspension until July 1998 to allow the ADAAG revision process to be completed. Because the ADAAG revision rulemaking was not completed by July 1998, the temporary suspension was continued until July 2001.

  • proposed rule to temporarily suspend the requirements: July 9, 1993
  • final rule to temporarily suspend the requirements: April 12, 1994
  • proposed rule to extend the temporary suspension: April 12, 1996
  • final rule to extend the temporary suspension: July 29, 1996
  • proposed rule to extend the temporary suspension: June 1, 1998
  • final rule to extend the temporary suspension: November 23, 1998

Play Areas.

The Board convened a 27-member advisory committee to make recommendations on issues related to making various recreation areas accessible. The committee met from July 1993 - May 1994. Some issues remained where consensus was needed. This included play areas, playground surfaces, and play equipment.

The Board created a 17-member Play Areas Regulatory Negotiation Committee to achieve consensus requirements for access to play areas. The committee presented its consensus report to the Board in July 1997. At the same meeting, the Board approved an NPRM on access to play areas. The Board published the NPRM in April 1998 and held one public hearing in Denver, Colorado to receive additional feedback during the comment period. The final rule was published in October 2000. In November 2000, the Board published an amended advisory note to the accessibility guidelines which clarified that play components that are attached to a composite play structure and can be approached from a platform or deck are elevated play components. These play components are not considered ground level play components also, and do not count toward meeting the number of ground level play components that must be located on an accessible route.

  • notice of intent to establish regulatory negotiation committee: December 22, 1995
  • notice establishing regulatory negotiation committee: February 14, 1996
  • full committee meetings: March 5-7, 1996; May 8-10, 1996; August 4-6, 1996; October 26-28; January 6-9, 1997; April 2-4, 1997; July 8-9, 1997
  • committee presented report to the Board - July 9, 1997
  • notice of proposed rulemaking: April 30, 1998
  • public hearing: June 3, 1998
  • final rule: October 18, 2000
  • amended advisory note: November 20, 2000
  • Department of Justice adopted guidelines: July 23, 2010

Electronic and Information Technology.

In August 1998, the Workforce Investment Act of 1998, which includes the Rehabilitation Act Amendments of 1998, was signed into law. Section 508 of the Rehabilitation Act Amendments requires that when federal departments or agencies develop, procure, maintain, or use electronic and information technology, they shall ensure that the technology is accessible to people with disabilities, unless an undue burden would be imposed on the department or agency.

Section 508 required the Board to publish standards setting forth a definition of electronic and information technology and the technical and functional performance criteria for such technology. The Board and GSA were required to provide technical assistance to individuals and federal departments and agencies concerning the requirements of section 508.

In developing its standards, the Board was required to consult with various federal agencies, the electronic and information technology industry, and appropriate public or nonprofit agencies or organizations, including organizations representing individuals with disabilities. The Board convened a 27-member Electronic and Information Technology Access Advisory Committee to assist in developing its standards. The Committee presented its report to the Board in May 1999. The Board issued a notice of proposed rulemaking on access to electronic and information technology in March 2000. A final rule was published in December 2000. In April 2001, the Federal Acquisition Regulatory Council incorporated the Board’s standards into revisions to the Federal Acquisition Regulations.

  • notice of intent to establish advisory committee: August 24, 1998
  • notice establishing advisory committee: September 29, 1998
  • full committee meetings: October 15-16, 1998; December 1-2, 1998; January 5-6, 1999; February 8-9, 1999; March 29-30, 1999; May 11-12, 1999
  • committee presented recommendations to the Board: May 12, 1999
  • notice of proposed rulemaking: March 31, 2000
  • final rule: December 21, 2000
  • Federal Acquisition Regulatory Council incorporated the Board’s standards into revisions to the Federal Acquisition Regulations: April 25, 2001

Recreation Facilities.

This rulemaking addresses recreation facilities including sports facilities, places of amusement, golf, and boating and fishing facilities. The Board convened a 27-member advisory committee to make recommendations on issues related to making these areas accessible. The committee met from July 1993 - May 1994. After receiving the committee’s report, the Board published it as an ANPRM. Over 600 comments were received on the report and questions asked in the ANPRM. It also sponsored an information meeting on access to miniature golf facilities in September 1996 to obtain additional information on some issues related to access to miniature golf courses.

The Board published an NPRM for sports facilities, places of amusement, golf, and boating and fishing facilities in July 1999 and held two public hearings to receive feedback during the comment period. The NPRM was based on the recommendations of the advisory committee and public comments received in response to the ANPRM and information meeting. The comment period closed in December 1999. Over 300 comments were received on the proposed rule. The Board also sponsored an information meeting on access to amusement rides in December 1999 to clarify concerns raised by the amusement industry during the public comment period.

To provide more opportunities for input, in July 2000 the Board placed in the docket for review and comment, a summary of recommendations made by an ad hoc committee of the Access Board for the final recreation facilities guidelines. The summary reflected the ad hoc committee’s consideration of comments on the proposed rule and information gathered at meetings sponsored by the committee. The Board held two information meetings in Washington, D.C. and San Francisco, California to discuss the summary. In September 2002, the Board issued a final rule.

  • notice of intent to establish advisory committee: February 3, 1993
  • notice establishing advisory committee: June 10, 1993
  • full committee meetings: July 15-16, 1993; October 23-25, 1993; January 28-30, 1994; March 18-20, 1994; May 20-22, 1994 (numerous
  • subcommittee meetings were also held)
  • committee presented recommendations to the Board: July 13, 1994
  • advance notice of proposed rulemaking: September 21, 1994
  • information meeting on miniature golf facilities: September 16, 1996
  • notice of proposed rulemaking: July 9, 1999
  • information meeting on amusement rides: December 1, 1999
  • public hearing: August 26, 1999; November 17, 1999
  • notice of draft final guidelines summary and informational meetings: July 21, 2000
  • information meetings: August 21-22, 2000; September 6-7, 2000
  • final rule: September 3, 2002
  • Department of Justice adopted guidelines: July 23, 2010

ADAAG Revision and Architectural Barriers Act Accessibility Guidelines.

This rulemaking revised ADAAG, updated the Minimum Guidelines and Requirements for Accessible Design (MGRAD) for federal facilities covered by the ABA, and created new guidelines for accessible housing.

The rulemaking consists of separate scoping and application sections for each law and one set of technical requirements for both the ADA and the ABA. The ADA scoping section is based on recommendations of the Board’s ADAAG Review Advisory Committee and covers private facilities (places of public accommodation and commercial facilities) and state and local government facilities. The other scoping section addresses federally funded facilities covered by the ABA. New scoping and technical provisions for accessible housing are included in this rule and are based on requirements for “Type A” dwelling units contained in the 1998 edition of the ICC/ANSI A117.1 standard, “Accessible and Usable Buildings and Facilities.”

The Board established a 22-member ADAAG Review Advisory Committee to review and make recommendations for updating ADAAG to ensure that it remains consistent with technological developments and changes in model codes and national standards and continues to meet the needs of people with disabilities. The committee developed a comprehensive set of recommendations addressing the format of the guidelines, its numbering system, and changes to the scoping provisions and technical requirements. Cited as an outstanding example of reinventing government, the committee and the Board received the Vice-President’s Hammer Award in July 1996.

The Board issued a proposed rule in November 1999. The comment period closed in May 2000. Over 2,500 comments were received on the proposed rule. The Board held two public hearings (Los Angeles, California on January 31, 2000 and Arlington, Virginia on March 13, 2000). It also held informational meetings in Washington, D.C. in October 2000 to hear from industry associations and disability groups on issues regarding automated teller machines, reach ranges, and captioning equipment for movie theaters. In April 2002, the Board placed in the docket for public review a draft of the final guidelines to promote the harmonization of the Board’s guidelines with the International Code Council (ICC)/American National Standards Institute (ANSI) A117.1 Standard on Accessible and Usable Buildings and Facilities and the International Building Code. The ANSI Committee and the ICC were currently in the process of revising the private sector accessibility provisions. Without taking this step, an important opportunity would have been missed to harmonize the Board’s guidelines with those of the private sector.

  • notice of intent to establish advisory committee: April 6, 1994
  • notice establishing advisory committee: September 14, 1994
  • full committee meetings: October 24-25, 1994; January 26-27, 1995; April 26-29, 1995; February 26 - March 1, 1996; July 7-9, 1996; August 26-28, 1996 (numerous subcommittee meetings were also held)
  • committee presented recommendations to the Board: July 10, 1996
  • notice of proposed rulemaking: November 16, 1999
  • public hearing: January 31, 2000; March 13, 2000
  • information meeting: October 24-25, 2000
  • draft final rule: April 2, 2002
  • final rule: July 23, 2004
  • U.S. Postal Service adopted guidelines: May 17, 2005
  • General Services Administration adopted guidelines: November 8, 2005
  • Department of Transportation adopted guidelines: October 30, 2006
  • Department of Defense adopted guidelines: October 31, 2008
  • Department of Justice adopted guidelines: September 15, 2010

Outdoor Developed Areas.

The Board created a 26-member Outdoor Developed Areas Regulatory Negotiation Committee to achieve a consensus approach and requirements for making outdoor developed areas accessible. The Committee presented its report in September 1999. In October 2001, the Board sponsored an information meeting on the committee’s report in Denver, CO during the annual meeting of the National Recreation and Park Association.

An NPRM for federal facilities covered by the ABA was published in June 2007. The Board held three public hearings in Denver, CO; Washington, DC; and Indianapolis, IN. In October 2009, it released draft final guidelines for public comment. Approximately 80 comments were received. A final rule was published in September 2013. Proposed guidelines for non-federal sites will be published for comment at a future date.

  • notice of intent to establish regulatory negotiation committee: April 18, 1997
  • notice establishing regulatory negotiation committee: June 4, 1997
  • full committee meetings: June 26-27, 1997; September 24-26, 1997; December 14-16, 1997; January 31-February 2, 1998; May 18-21, 1998; August 11-14, 1998; October 21-24, 1998; January 19‑22, 1999; April 27-30, 1999; July 15-16, 1999
  • committee presented report to the Board: September 15, 1999
  • information meeting: October 4, 2001
  • notice of proposed rulemaking: June 20, 2007
  • draft final rule: October 19, 2009
  • final rule: September 26, 2013

Emergency Transportable Housing.

A federal advisory committee on emergency transportable housing was created to provide recommendations on supplementing its guidelines to specifically cover emergency transportable housing. Access to such housing proved problematic in the aftermath of Hurricane Katrina and, after verifying and examining the issues involved, the Board determined that supplementary guidelines were needed. The committee included representation from disability groups, industry and code groups, and government agencies. The committee presented its report to the Board in November 2008. The Board published a proposed rule in June 2012; the comment period closed in August 2012. One public hearing was held in July 2012. At the close of the comment period, the Board had received 45 comments, including those from the public hearing. A final rule was published in May 2014.

  • notice of intent to establish advisory committee: June 25, 2007
  • notice establishing advisory committee: August 23, 2007
  • full committee meetings: September 24-25, 2007; November 19-20, 2007; January 24-25, 2008; February 14, 2008; March 27-28, 2008; July 9, 2008; July 24, 2008; August 21, 2008
  • committee presented recommendations to the Board: November 18, 2008
  • notice of proposed rulemaking: June 18, 2012
  • public hearing: July 11, 2012
  • final rule: May 7, 2014

ADA Accessibility Guidelines (ADAAG) for Transportation Vehicles – Update (non-rail vehicles).

In April 2007, the Board released for public comment a preliminary draft of revisions updating its accessibility guidelines for buses and vans covered by the ADA. It received approximately 90 comments. The Board used this input to refine the draft and then published a second draft in November 2008 for additional comment. An NPRM to revise and update the accessibility guidelines for buses, over-the-road buses, and vans was published in July 2010. Two public hearings were held during the comment period. One important issue was raised after the close of the comment period. As a result, the Board re-opened the comment period for additional public input related to the late comments. The commenters raised issues about the 1:6 ramp slope requirements and a new design that locates the shallower ramp partially inside the vehicle. This design constrains the maneuvering space within the vehicle at the top of the ramp and at the fare box and creates a grade break within the ramp run. During the extended comment period, which ended in October 2102, the Board held two information meetings to gather input on these issues. A final rule was published in December 2016.

  • draft guidelines for buses and vans: April 11, 2007
  • second draft of guidelines for buses and vans: November 19, 2008
  • notice of proposed rulemaking: July 26, 2010
  • public hearings: September 30, 2010; November 8, 2010
  • re-opening of comment period: August 20, 2012
  • public hearings: September 19, 2012; October 2, 2012
  • final rule: December 14, 2016

Information and Communication Technology.

In July 2006, the Board created an advisory committee to update and revise the Section 508 standards and the Telecommunications Act Accessibility Guidelines. Forty-one organizations served on the Telecommunications and Electronic and Information Technology Advisory Committee. The committee’s membership included representatives from industry, disability groups, standard-setting bodies in the U.S. and abroad, and government agencies, among others. The committee completed its work and presented its report to the Board in April 2008. In March 2010, the Board published an ANPRM and held two public hearings during the comment period. In response to this input, it published a second ANPRM in December 2011; two hearings were held. A proposed rule was published in February 2015. Three public hearings and a webinar on the proposed rule were held during the comment period. A final rule was published in January 2017.

On January 22, 2018, the Board issued a correction to its updated accessibility requirements for ICT to restore provisions on TTY access that were inadvertently omitted. The original Section 508 standards and Section 255 guidelines required that devices with two-way voice communication support use of TTY devices which provide text communication across phone connections for persons with hearing or speech impairments. In its ICT refresh, the Board had proposed replacing this provision with a requirement for real-time text (RTT) functionality, a new technology with significant advantages over TTYs. In finalizing the rule, however, the Board chose to reserve the RTT requirement because the Federal Communications Commission had initiated its own rulemaking to address RTT functionality. In doing so, the Board intended to add the original TTY provision back into the rule, but the necessary language was unintentionally omitted. The correction notice restored the TTY requirement with minor editorial changes for consistency with the new format and terminology of the updated requirements and corrected two typographical errors in other sections of the rule.

Corrections to the ICT Final Standards and Guidelines Direct final rule; request for comments

  • notice of intent to establish advisory committee: April 18, 2006
  • notice establishing advisory committee: July 6, 2006
  • full committee meetings: September 27-29, 2006; November 7-8, 2006; February 6-8, 2007; May 22-24, 2007; July 16-18, 2007; September 4-6, 2007; November 13-16, 2007
  • committee presented recommendations to the Board: April 3, 2008
  • advance notice of proposed rulemaking: March 22, 2010
  • public hearings: March 25, 2010; May 12, 2010
  • advance notice of proposed rulemaking: December 8, 2011
  • public hearings: January 11, 2012; March 1, 2012
  • notice of proposed rulemaking: February 27, 2015
  • final rule: January 18, 2017
  • correction notice (direct final rule; request for comments): January 22, 2018

Public Rights-of-Way (including Shared Use Paths).

When the Board issued final rules for state and local governments in 1998, it decided to reserve provisions for public rights-of-way, due in large measure to the concerns of the transportation community expressed in comment to the Board on proposed and interim final rules for entities covered by title II of the ADA. Rather than finalizing the guidelines for public rights-of-way, the Board began an ambitious outreach plan to the highway industry. The Board produced a series of videos, an accessibility checklist, and a design guide on accessible public rights-of-way.

Following this outreach, the Board decided to reinitiate rulemaking by convening a federal advisory committee to develop recommendations for the guidelines. In October 1999, the Board created a 31-member Public Rights-of-Way Access Advisory Committee. Representatives of a wide range of stakeholders, including transportation industry organizations and disability and pedestrian advocates developed recommendations for scoping and technical provisions addressing access to sidewalks, street crossings, and related pedestrian facilities. The committee presented its report to the Board in January 2001.

In June 2002, the Board released for public comment draft guidelines based on the committee’s recommendations. A public meeting on the draft guidelines was held in Portland, OR in October 2002.

In November 2005, the Board revised the draft guidelines based on public comments on the initial draft and released them as a notice of availability. This action was done to assist the Board in preparing a regulatory assessment of the impacts of the rule. A proposed rule was published for public comment in July 2011; two hearings were held, and the comment period closed in February 2012.

When the Board approved draft final accessibility guidelines for trails, coverage of shared use paths was deferred to a future rulemaking. Commenters on the outdoor developed areas rule had previously raised concerns about the need for differing guidelines for shared use paths. Commenters noted that shared use paths differ from trails and typically are in more developed outdoor areas, as opposed to the more primitive trail settings. Unlike trails, shared use paths are designed to serve both bicyclists and pedestrians and are used for transportation and recreation purposes.

As a result, the Board initiated rulemaking to cover shared use paths. In September 2010, it held a public information meeting in conjunction with the ProWalk/ProBike 2010 Conference. This meeting provided an opportunity for individuals with disabilities, designers of shared use paths, and others with expertise in this area to share information with the Board to assist in the development of new accessibility guidelines. It then published an ANPRM for shared use paths in March 2011. In February 2013, the Board published a Supplemental Notice of Proposed Rulemaking to include requirements for shared use paths as part of the public rights-of-way rule. The Board suspended action on this rule in 2017 in light of Executive Order 13777 Enforcing the Regulatory Reform Agenda, which was rescinded in January 2021. The next step for this rulemaking is a final rule, planned for FY 2022.

  • notice of proposed rulemaking: December 21, 1992
  • interim final rule: June 20, 1994
  • final rule: January 13, 1998 (public rights-of-way not included in the final rule)
  • notice of intent to establish advisory committee: August 12, 1999
  • notice establishing advisory committee: October 20, 1999
  • full committee meetings: December 2-3, 1999; February 9-11, 2000; May 18-19, 2000; August 16-18, 2000; October 18-20, 2000
  • committee presented recommendations to the Board: January 10, 2001
  • draft guidelines: June 17, 2002
  • public hearing: October 8, 2002
  • notice of availability of second set of draft guidelines: November 23, 2005
  • notice of proposed rulemaking: July 26, 2011
  • information meeting on shared use paths: September 13, 2010
  • advance notice of proposed rulemaking on shared use paths: March 28, 2011
  • supplemental notice of proposed rulemaking on shared use paths: February 14, 2013
  • Final rule published: August 8, 2023

Appendix C

Architectural Barriers Act Cases
  FY 2022 FY 2023 FY 2024 (est.) FY 2025 (est.)
Complaints pending at start of the fiscal year 83 127 161 192
Complaints received during the fiscal year 241 201 288 290‡
Total complaints closed during the fiscal year … 174 197 257 270‡
After our investigation resulted in completed corrective action 45 54 77 80
After our investigation resulted in a determination that we did not have jurisdiction 9 22 31 30
After our investigation resulted in a determination that there was no violation of the standards 13 17 24 20
After the issuance of a waiver or modification by the standard-setting agency 0 1 1 0
After a referral absent an investigation 72 73 124 140
For administrative reasons 58 0‡ 0‡ 0‡
Complaints pending at end of the fiscal year 127 161 192 212
‡ In contrast to FY 2022 and years prior, beginning with FY 2023 we are no longer including in our counts of received and closed complaints those matters which we closed for administrative reasons, ranging from unintelligibility or “spam” filings to complaints that provided insufficient detail to discern the nature of the allegations or to allow enforcement staff to contact the complainant to gather additional/clarifying information. This explains the lack of complaints closed for administrative reasons in FY 2023 and later. We had also expected this procedural change to lead to an overall decrease in the number of received and closed complaints, but we instead have seen an appreciable influx of new complaints, which we attribute to greater public awareness about the Board and our ABA enforcement program (fomented by our DEIA efforts and outreach to underserved and Tribal communities, as well as a reinvigorated public affairs and social media effort).

Appendix D

Technical Assistance Data

Technical Assistance Data, calls and website
  FY 2021 FY 2022 FY 2023 FY 2024 (est.)
Technical Assistance (Calls and Faxes) 4,401 4,582 5,352 6,000
Website User Sessions 1,125,471 1,256,718 2,330,559 2,600,000
Technical Assistance Data, training
  FY21 In-Person FY21 Virtual / Webinar FY22 In-Person FY22 Virtual / Webinar FY23 In-Person FY23 Virtual / Webinar FY24 (est.) In-Person FY24 (est.) Virtual / Webinar
Training Sessions 0 85 12 76 29 98 35 110
Training Participants 0 19,085 379 21,249 773 19,609 900 22,000