Rules & Regulations

Dear Ms. Sapin:

I am pleased to provide the following comments in response to the September 9,2014 Congressional Record Notice of Proposed Rulemaking regarding Section 210 of the Congressional Accountability Act (CAA) relating to provisions of Titles II and III of the Americans with Disabilities Act (ADA).

1. Supplementary Information Regulations Proposed in Part 3. Section 3.103 Inspection Authority. Representatives from the Office of Compliance (OOC) General Counsel consulted with representatives from the Architect of the Capitol (AOC) regarding improving CAA compliance in all phases of alteration and construction projects. The AOC appreciates OOC’s outreach and collaboration in this regard.
2. Supplementary Information Regulations Proposed in Part 3. Section 3.103 Inspection Authority. The AOC does not dispute the OOC General Counsel’s authority under the CAA to perform periodic inspections of covered facilities. However, we would appreciate your detailed analysis on the specific legal authority that authorizes the OOC to be involved in the pre-construction review of alteration and construction projects as discussed in section 3.103(d).
3. Proposed Regulation Section 1.1021c) Definitions. Applying the proposed definitions of “public entity,” “private entity,” or “covered entity” to the AOC in the proposed regulations incorporated by reference creates conflicting requirements because the requirements for these different entities vary.
4. Proposed Regulation Section 1.103 Authority of the Board. The Board has determined that, “… there are no other “substantive regulations promulgated by the Attorney General and the Secretary of Transportation to implement the statutory provisions referred to in subsection (b) [of Section 210 of the CAA]” that need to be adopted.” While the 2010 ADA Standards for Accessible Design are the referenced standard in the regulations, these standards do not adequately address the exterior, natural world where many elements are not within the control of the covered entity. The Pedestrian Right of Way Accessible Guidelines are widely viewed as the more appropriate standard for the public rights-of-way, including sidewalks, intersections, street crossings, and on-street parking. Although these guidelines have not been approved by the Department of Justice, the proposed regulation does not provide an appropriate avenue for their future adoption or incorporation.