(a) Public Members. (1) The Board shall have thirteen members appointed by the President from among members of the general public, at least a majority of whom shall have disabilities.

(2) Members shall be appointed for a term of four years, may be reappointed to one successive term, and thereafter may not be reappointed unless they have not served on the Access board for at least two years prior to their reappointment. Each year, the terms of at least three members of the Board shall expire. A public member may continue to serve following expiration of the member's term if a successor has not been appointed.

(b) Federal Members. The remaining members of the Board shall be the heads of the following agencies or their designees whose positions are Executive Level IV or higher:

(1) The Department of health and Human Services;

(2) The Department of Transportation;

(3) The Department of Housing and Urban Development;

(4) The Department of Labor;

(5) The Department of the Interior;

(6) The Department of Defense;

(7) The Department of Justice;

(8) The General Services Administration;

(9) The Department of Veterans Affairs;

(10) The United States Postal Service;

(11) The Department of Education; and

(12) The Department of Commerce.

(c) Designation of Federal Board Members and Liaisons. (1) Designation of a Federal Board member other than an agency head shall be made in writing by the agency head or by anyone authorized to provide such designation on behalf of the agency head. The designation may either be of a particular position, an individual, or both. If only a specific person is designated and not the position, a new designation will be required where appointment of another person to fill the position is subsequently made. The designation shall remain in effect for as long as provided for under applicable agency rules, regulations, or policies.

(2) An individual serving in an acting capacity, or who is otherwise temporarily serving, in a position at Executive Level IV or higher may be designated to serve on the Board, subject to any time limitations under applicable law, or under agency rules, regulations, or policies.

(3) Any newly-appointed Federal Board member shall designate in writing a liaison to the Board. A newly appointed Federal Board member may allow an individual previously serving as a liaison to the Board to continue to do so, but must provide a new designation in writing.

(4) Written designation of a Federal Board member or liaison may be in any form (including from a verifiable email address) indicating the identity of the person making the designation and that the person is authorized to do so.

[87 FR 69169, Nov. 18, 2022]