Architectural Barriers Act of 1968

The Architectural Barriers ActThe Architectural Barriers Act (ABA) of 1968Laws |

About the Board

The ABA requires access to facilities designed, built, altered, or leased with

Federal funds. Passed by Congress in 1968, it marks one of the first efforts to

ensure access to the built environment. The Access Board develops and maintains

accessibility guidelines under this law. These guidelines serve as the basis for

the standards used to enforce the law, the Uniform Federal Accessibility

Standards (UFAS). Four Federal agencies are responsible for the standards: the

Department of Defense, the Department of Housing and Urban Development, the

General Services Administration, and the U.S. Postal Service.

Federal agencies are responsible for ensuring compliance with UFAS when funding

the design, construction, alteration, or leasing of facilities. Some departments

have, as a matter of policy, also required compliance with the ADA Accessibility

Guidelines (which otherwise do not apply to the Federal sector) in addition to

UFAS. The Board was created to enforce the ABA, which it does through the

investigation of complaints. (The Board was established under section 502 of the

Rehabilitation Act). Anyone concerned about the accessibility of a facility that

may have received Federal funds can easily file a complaint with the Board.

Visit our Enforcement section for further information.

Architectural Barriers Act of 1968, as amended

42 U.S.C. 4151 et seq.

4151. "Building" defined

As used in this chapter, the term "building" means any building or facility

(other than (A) a privately owned residential structure not leased by the

Government for subsidized housing programs and (B) any building or facility on

a military installation designed and constructed primarily for use by able

bodied military personnel) the intended use for which either will require that

such building or facility be accessible to the public, or may result in the

employment or residence therein of physically handicapped persons, which

building or facility is--

(1) to be constructed or altered by or on behalf of the United States;

(2) to be leased in whole or in part by the United States after August 12,

1968;1

(3) to be financed in whole or in part by a grant or a loan made by the

United States after August 12, 1968, if such building or facility is subject

to standards for design, construction, or alteration issued under authority

of the law authorizing such grant or loan; or

(4) to be constructed under authority of the National Capital Transportation

Act of 1960, the National Capital Transportation Act of 1965, or title III

of the Washington Metropolitan Area Transit Regulation Compact.

4152. Standards for design, construction, and alteration of buildings;

Administrator of General Services

The Administrator of General Services, in consultation with the Secretary of

Health and Human Services, shall prescribe standards for the design,

construction, and alteration of buildings (other than residential structures

subject to this chapter and buildings, structures, and facilities of the

Department of Defense and of the United States Postal Service subject to this

chapter) to insure whenever possible that physically handicapped persons will

have ready access to, and use of, such buildings.

4153. Standards for design, construction, and alteration of buildings;

Secretary of Housing and Urban Development

The Secretary of Housing and Urban Development, in consultation with the

Secretary of Health and Human Services, shall prescribe standards for the

design, construction, and alteration of buildings which are residential

structures subject to this chapter to insure whenever possible that physically

handicapped persons will have ready access to, and use of, such buildings.

4154. Standards for design, construction, and alteration of buildings;

Secretary of Defense

The Secretary of Defense, in consultation with the Secretary of Health and

Human Services, shall prescribe standards for the design, construction, and

alteration of buildings, structures, and facilities of the Department of

Defense subject to this chapter to insure whenever possible that physically

handicapped persons will have ready access to, and use of, such buildings.

4154a. Standards for design, construction, and alteration of buildings; United

States Postal Service

The United States Postal Service, in consultation with the Secretary of Health

and Human Services, shall prescribe such standards for the design,

construction, and alteration of its buildings to insure whenever possible that

physically handicapped persons will have ready access to, and use of, such

buildings.

4155. Effective date of standards

Every building designed, constructed, or altered after the effective date of a

standard issued under this chapter which is applicable to such building, shall

be designed, constructed, or altered in accordance with such standard.

4156. Waiver and modification of standards

The Administrator of General Services, with respect to standards issued under

section 4152 of this title, and the Secretary of Housing and Urban

Development, with respect to standards issued under section 4153 of this

title, and the Secretary of Defense with respect to standards issued under

section 4154 of this title, and the United States Postal Service with respect

to standards issued under section 4154a of this title --

(1) is authorized to modify or waive any such standard, on a case-by-case

basis, upon application made by the head of the department, agency, or

instrumentality of the United States concerned, and upon a determination by

the Administrator or Secretary, as the case may be, that such modification

or waiver is clearly necessary, and

(2) shall establish a system of continuing surveys and investigations to

insure compliance with such standards.

4157. Reports to Congress and Congressional committees

(a) The Administrator of General Services shall report to Congress during the

first week of January of each year on his activities and those of other

departments, agencies, and instrumentalities of the Federal Government under

this chapter during the preceding fiscal year including, but not limited to,

standards issued, revised, amended, or repealed under this chapter and all

case-by-case modifications, and waivers of such standards during such year.

(b) The Architectural and Transportation Barriers Compliance Board established

by section 792 of Title 29 shall report to Public Works and Transportation

Committee of the House of Representatives and the Environment and Public Works

Committee of the Senate during the first week of January of each year on its

activities and actions to insure compliance with the standards prescribed

under this chapter.

1A 1976 amendment deleted the following words from the end of paragraph (2):

"after construction or alteration in accordance with plans and specifications

of the United States." That amendment applied to "every lease entered into on

or after January 1, 1977, including any renewal of a lease entered into before

such a date which renewal is on or after such date." (Pub. L. 94-541)

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