Department of Defense Memorandum: Adoption of the ABA and Section 504 of the Rehabilitation Act

1. GENERAL.

This attachment describes the manner in which facilities designed, constructed (including additions), altered, leased, or funded by the Department of Defense (DoD) are to be made accessible to people with disabilities in accordance with the Architectural Barriers Act of 1968 (ABA), as amended, 42 U.S.C. § 4151, et seq., and Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794.

On July 23, 2004, the United States Access Board issued updated accessibility guidelines for newly constructed, altered, and leased facilities covered by the ABA and Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101, et seq. These guidelines were published in the Federal Register on July 23, 2004 (69 FR 44083), and are online at < http://www.access-board.gov/ >. ¹

Requirements for new construction, alterations, and leased facilities vary and are specified in these new DoD Standards. In general, worldwide, all facilities designed, constructed, altered, leased, or funded by DoD that are open to the public, or to limited segments of the public, or that may be visited by the public, or by limited segments of the public, in the conduct of normal business, shall be designed and constructed to be accessible to persons with disabilities. The types of facilities to which these DoD Standards apply include, but are not limited to, the following:

1. All housing, including military family housing and unaccompanied personnel housing ²

2. All morale, welfare, and recreation facilities, including non-appropriated fund facilities available to dependents or retirees.

3. All hospitals and facilities for the care or rehabilitation of persons who are sick or injured.

4. All relocatable facilities, including those acquired as "personal property." Relocatable facilities, including those acquired as "personal property," shall be evaluated, for purposes of applying these DoD Standards, as though they are permanent facilities.

5. All manufacturing facilities, administrative facilities, educational facilities, and any other facilities where civilian workers may be employed, including facilities constructed under other than military construction authorizations and including contractor-owned facilities where DoD is funding all or part of the construction.

The Department of Defense shall require as part of the joint venture agreement in all public-private ventures which include facilities, including privatized housing, that those facilities be designed and constructed in accordance with these DoD Standards.

In addition to these DoD Standards, facilities of all types shall comply with any applicable provision of law and regulation which may include the following:

1. The Fair Housing Amendments of 1988, 42 U.S.C. §§ 3601-3620, which prohibit discrimination on the basis of disability in multi-family housing, including military family housing, and require elimination of architectural barriers in common areas and construction of accessible units on a percentage basis.

2. The Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, et seq., which prohibits discrimination in, among other things, public accommodations and commercial facilities and may apply to some entities that occupy space on DoD property or are housed in DoD or DoD-funded facilities. Entities that might be covered include State and local governments, banks, childcare centers, and fast food stores. In addition, standards for nondiscrimination in employment under this Act apply to Federal employment under Section 501 of the Rehabilitation Act. This includes standards for elimination of architectural barriers.

3. Section 501 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 791(b), and implementing regulations at 29 CFR 1614.203, which prohibit discrimination in Federal civilian employment against a qualified person with a disability and require elimination of architectural barriers for employees and applicants with disabilities.