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Clear allThe U.S. Access Board is an independent federal agency, created in 1973, that develops accessibility guidelines and standards and enforces the Architectural Barriers Act (ABA) standards for federally funded facilities. It is also known by its full name, the Architectural and Transportation Barriers Compliance Board.
What it develops. The Board writes accessibility guidelines and standards for the built environment, transit vehicles, the public right-of-way, information and communication technology, and medical diagnostic equipment under the Americans with Disabilities Act (ADA), the ABA, the Rehabilitation Act and other laws. It also provides technical assistance and training on these requirements.
Enforcement role. By law, the Board must make sure the ABA standards are complied with (29 U.S.C. 792(b)(1)). It investigates complaints, may hold hearings and may issue orders, and its final orders are subject to judicial review (29 U.S.C. 792(e)). The ABA complaint process is covered in the FAQ on filing an ABA complaint with the Access Board.
Membership. The Board has 25 members. Twelve represent federal departments and 13 are public members appointed by the President, most of whom must be individuals with disabilities. The agency has a staff of about 30.
Who uses its standards. Federal agencies apply the Board's Section 508 standards to information and communication technology, described in the FAQ on Section 508 requirements for federal agencies.
Recent Board actions. The news posts on the ABA complaint form renewal and accessibility standards for changing tables in airports describe recent work.
Section 508 of the Rehabilitation Act requires each federal agency that develops, procures, maintains or uses information and communication technology (ICT) to make sure that federal employees and members of the public with disabilities have access to and use of it comparable to people without disabilities, unless that would impose an undue burden on the agency (29 U.S.C. 794d(a)(1)(A)). When an undue burden applies, the agency must provide the information and data through an alternative means of access (29 U.S.C. 794d(a)(1)(B)).
The standards. The U.S. Access Board issues the Section 508 standards at 36 CFR Part 1194. The requirements are in Appendices A, C and D to the part (36 CFR 1194.1), and compliance is mandatory for federal agencies.
Web content and documents. Electronic content, software and websites must conform to Level A and Level AA Success Criteria of the Web Content Accessibility Guidelines (WCAG) 2.0 (E205.4 and the related software and authoring tool provisions). For electronic content, this applies to public-facing content (E205.2) and to non-public-facing content that is official agency business communicated through one of the channels listed in E205.3.
Exceptions. The standards include limited exceptions:
- Legacy ICT that met the earlier standards and has not been altered on or after January 18, 2018.
- ICT used in national security systems.
- ICT a contractor acquires incidentally to a contract.
- ICT functions located in maintenance or monitoring spaces (E202.5).
- Undue burden or fundamental alteration, as determined by the agency under E202.6, with an alternative means of access provided.
Who it reaches. Section 508 applies to federal agencies, including the U.S. Postal Service.
Related topics. The FAQ on what compliance training is covers how training is documented. The news post on the Access Board's online complaint form renewal describes how the Board receives accessibility complaints.
The FAQ on what the U.S. Access Board is explains the agency's broader role.
A complaint about a federally funded facility that may not meet the Architectural Barriers Act (ABA) accessibility standards is filed with the U.S. Access Board by using the online form, by email to enforce@access-board.gov, by fax to 202-272-0081, or by mail to the Board at 1331 F Street NW, Suite 1000, Washington, DC 20004. Complaints cannot be filed by phone, but a person who is unable to file online or by email due to a disability may call 202-272-0050.
Which facilities are covered. The ABA applies to buildings and facilities constructed or altered by or on behalf of the United States, or leased or financed in whole or in part by the United States, after August 12, 1968 (42 U.S.C. 4151). Examples include post offices, veterans facilities, national parks, Social Security offices, federal office buildings, courthouses and prisons. The standards themselves are prescribed by agencies such as the General Services Administration (42 U.S.C. 4152).
What the Board does. The Board must make sure the ABA standards are complied with (29 U.S.C. 792(b)(1)). It enforces the standards through the investigation of complaints, and it may hold hearings and issue orders (29 U.S.C. 792(e)).
Complaints the Board does not handle. Complaints about state and local government facilities or places of public accommodation such as movie theaters, restaurants and hotels go to the Department of Justice through its Civil Rights Reporting Portal. Concerns unrelated to building accessibility, such as employment benefits, do not belong in an ABA complaint.
Form renewal. The online complaint form carries OMB Control Number 3014-0012 (expiration date September 30, 2029). The news post on the ABA complaint form renewal describes the renewal request. A form without a valid control number is covered in the FAQ on OMB control numbers.
Related topics. Workplace facility rules also come from OSHA, described in the FAQ on NIOSH vs. OSHA.