STATEMENT FROM THE GENERAL COUNSEL
As provided in section 210(f)(1) of the Congressional Accountability Act (CAA), 2 U.S.C. § 1331(f)(1), at least once each Congress, the Office of the General Counsel (OGC) of the Office of Congressional Workplace Rights (OCWR) is required to inspect the facilities of the covered entities in the legislative branch for compliance with the public services and accommodations provisions of the Americans with Disabilities Act of 1990 (ADA). On the basis of each periodic inspection, the OGC must prepare and submit a report containing the results of the inspection. 2 U.S.C. § 1341(f)(2).
The reports that we issue and make public at least once each Congress summarize the detailed reports we provide to legislative branch offices throughout the inspection period. During our ADA inspections, we work with offices to identify barriers to access by comparing existing conditions with the 2010 ADA Standards for Accessible Design (the most recent standards). When we find a condition that is not in compliance with the 2010 Standards, we make a finding identifying the condition as a barrier to access and report it as such. Not all barriers to access are necessarily violations of the ADA. In some cases, the condition may be in compliance with the 1991 Standards, but not the 2010 Standards, making the condition “safe harbored” until the area is renovated or altered. In other cases, there may be technical feasibility or historicity issues that render compliance with the standard extremely difficult or even impossible. In those cases, we work with the Architect of the Capitol (AOC) and other employing offices to find other ways to address the accessibility issues. While not all barriers to access are necessarily violations of the ADA, we believe it is important to identify all barriers to access so that these issues can be addressed when planning future projects.
