Control #2031904443 




                                          APR 3 1992


The Honorable Ralph Regula
U.S. House of Representatives
2207 Rayburn House Office Building
Washington, D.C. 20515

Dear Congressman Regula:

        I am responding to your letter of March 18, 1992, to the
Attorney General, relating your concerns about our regulatory
requirements relating to the height of controls of automated
teller machines (ATM's).

        As required by the Americans with Disabilities Act (ADA),
the requirements that apply to ATM's are included in guidelines
developed by the Architectural and Transportation Barriers
Compliance Board (Access Board). These guidelines are
incorporated into the Department of Justice's ADA regulation.
The ADA requires that our regulation be consistent with the
guidelines of the Access Board; therefore, the Department is not
in a position to amend this provision of its rule absent a change
in the Board's guidelines.

        The provision in question, which applies only to new
construction and alterations, requires that a person using a
wheelchair be able to reach the controls of an ATM through both a
forward and a side reach. This provision was first included in
the Board's proposed guidelines (published in January 1991), and
was subject to an extensive public comment process that included
18 public hearings.

        The concerns that are now being raised were not expressed
during the rulemaking process. Nevertheless, we take seriously
the newly stated concerns raised by the American Bankers
Association. With our support and concurrence, the Access Board
recently decided to reopen this issue to public comment through a
notice in the Federal Register and is considering holding a
hearing on the matter. The Board will decide on further action
at its July 1992 meeting.

cc: Records; Chrono; Wodatch; Magagna; Bowen.






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        While changes to the rule are under consideration, the
Department is constrained to enforce the requirements of the ADA
regulations now in effect. In every instance, we will first
attempt to educate, discuss, and negotiate, particularly in cases
where use of designs and technologies other than those specified
in our regulations may provide substantially equivalent or
greater access to and usability of a facility. Such departures
are permitted by the "equivalent facilitation" section of the
accessibility guidelines.

        I hope this information is responsive to your inquiry.

                                        Sincerely,




                                        John R. Dunne
                                Assistant Attorney General
                                   Civil Rights Division





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March 18, 1992


Attorney General William P. Barr
Department of Justice
Washington, D.C. 20530

Dear Mr. Attorney General:

I am writing to you concerning the American with Disabilities Act (ADA)
Height Controversy for access to automatic teller machines (ATMs).
Since enactment of ADA, a second interpretation of the height
accessibility guidelines for ATMs has arisen. The Access Board has
recently stated they believe the intent of the guidelines were that ATMs
should be designed and installed to allow "a forward reach range". This
is contrary to my previous understanding as well as the ATM industry and
the American Bankers Association. Current equipment is designed to allow
a side reach to the ATM, not a forward reach.

On Wednesday, March 11, the Access Board reviewed a petition from the
American Bankers Association. Their decision was to place a notice in the
Federal Register to release the issue for public comments.

The implications of this are severe. It is most likely this will cause a
freeze in the marketplace for the sale or installation of walk up ATMs
(drive up ATMs are exempt). The redesign effort would take the industry
up to a year to accomplish and cost over $10 million.

Congress intended to ensure access to such machines by the disabled. But
that access is already present through the "side reach". Requiring a
major retooling of these machines just to permit a different angle of
approach does not seem to be warranted given the existing access. This
costs jobs to Americans and will cripple a thriving industry without any
significant benefit to the disabled.

Your assistance in correcting this problem is appreciated and expected.
Further, I request your immediate release of a statement allowing either
forward or side reach until the controversy is resolved.
With best wishes, I am


                                Sincerely,
                                Ralph Regula, M. C.





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