ELECTRONIC AND INFORMATION TECHNOLOGY

I. Section 508 in General

Section 508 of the Rehabilitation Act Amendments of 1998 requires that when federal departments and agencies procure, develop, maintain or use electronic and information technology (EIT), they must ensure that it complies with the Section 508 standards developed by the Architectural and Transportation Barriers Compliance Board (Access Board), unless doing so would pose an undue burden on the federal department or agency.

The purpose of the law is to ensure that federal employees and members of the public with disabilities have access to the same information and data as employees and members of the public without disabilities.

II. Section 508 Amended: Changes from Earlier Version

The original version of Section 508, which was passed in 1986, included general, non-binding guidelines regarding technology accessibility. Section 508, as amended, creates specific, binding standards which will be integrated into the federal procurement regulations. Further, Section 508, as amended, establishes government reporting requirements, an administrative complaint procedure, and a private right of action against federal departments and agencies that do not follow Section 508.

III. Relationship to Assistive Technology & Reasonable Accommodations

The Section 508 standards are designed to create an accessible environment that is compatible with assistive technology. Section 501 of the Rehabilitation Act requires federal agencies to provide reasonable accommodations for employees with disabilities. Section 504 requires access to federal programs and services for people with disabilities. It is possible that federal agencies will use the Section 508 standards as a yardstick to measure compliance with these other sections of the law.

IV. Applicability of Section 508: Who Must Comply?

Section 508 applies to all federal departments and agencies. Section 101(e)(3) of the Assistive Technology Act of 1998 (AT Act) requires that States receiving AT Act funds must also comply with Section 508 and the standards.

V. Effect of Section 508 on Private Sector

The scope of Section 508 is limited to the federal sector. It does not apply to the private sector, nor does Section 508 impose requirements on the recipients of federal funds. The law does not create an administrative complaint process or private right of action by individuals against the private sector.

While manufacturers are not required to modify their products, federal departments and agencies are required to give priority to procuring products which comply with the Section 508 standards.

VI. Enforcement

The enforcement provisions of Section 508 take effect June 21, 2001 -- six months from the date the Access Board published its final Section 508 standards. After June 21st, any individual with a disability may file a complaint alleging that a federal department or agency failed to comply with Section 508 by procuring noncompliant electronic and information technology. By statute, the enforcement provisions of Section 508 only apply to issues relating to electronic and information technology procured after June 21, 2001.

Complaints under Section 508 are to be filed with the federal department or agency alleged to be in noncompliance. The federal department or agency receiving the complaint must apply the complaint procedures established to implement Section 504 of the Rehabilitation Act for resolving allegations of discrimination in a federally conducted program or activity. It provides injunctive relief and attorney's fees to the prevailing party, but does not include compensatory or punitive damages. An individual may also file a civil action against any noncompliant federal department or agency.

VII. Scope of the Section 508 Standards: What Do the Standards Cover?

A. Section 508 contains Technical Standards that cover:

• software applications and operating systems,
• web-based intranet and internet information and applications,
• telecommunications products,
• video and multimedia products,
• self contained, closed products, and,
• desktop and portable computers.

B. Section 508 includes Functional Requirements for:

• people with visual impairments,
• people who are deaf or hard-of-hearing,
• people with speech impairments, and,
• people with motor impairments.

C. Section 508 Information & Documentation Standards require:

• product support in alternate formats,
• descriptions of accessibility and compatibility features in alternate formats, and,
• product support services in alternate communications modes.

D. Section 508 Equivalent Facilitation Provision:

VIII. Exemptions, Exceptions, and Exclusions: What are the Limitations on Section 508?

A. Undue Burden

Section 508 standards do not apply if doing so would cause significant difficulty or expense for the federal department or agency.

B. Commercial Availability

All Section 508 requirements are subject to commercial availability.

C. Fundamental Alterations

Fundamental alterations to products to meet Section 508 standards are not required.

D. EIT Related to National Security

Section 508 exempts systems used for military command, weaponry, intelligence, and cryptologic activities (but not routine business and administrative systems used for other defense-related purposes or by defense agencies or personnel).

E. Equipment Accessed by Service Personnel Only

EIT located in spaces frequented only by service personnel for maintenance, repair, or occasional monitoring of equipment are not required to meet Section 508 standards.

F. Micro-purchases

The federal acquisition regulations exempt federal procurements up to $2,500 from Section 508 requirements until April 1, 2005.