Accessible Technology for Individuals with Disabilities

SECTION 508

Section 508 of the 1973 Rehabilitation Act was amended in 1998 to require Federal agencies to ensure that any time the Government maintains, procures, develops, or uses electronic and information technology (EIT) that is accessible to persons with disabilities. Both Federal employees with disabilities and members of the public seeking information or services from the Federal government must have comparable access to the government’s electronic and information technology. The enforcement provision of Section 508, i.e., the right to file private lawsuits in Federal district court or submit an administrative complaint by an agency employee, applies only when a Federal agency procures goods or services. Federal employees are covered by the provisions of Section 508 as well as members of the public seeking information from the government, unless an undue burden can be established. An undue burden is defined as a "significant difficulty or expense." The law is not retroactive; it is enforceable only for items/services procured after the effective date, June 21, 2001. Under Section 508's management provisions, the Department of Justice (DOJ) is to report to the President and the Congress on accessibility of Federal EIT every two years. DOJ first surveyed Federal agencies in 1999. Agencies were required through a self-administered questionnaire to assess their software applications, Internet sites, electronic equipment and telecommunications capabilities for accessibility. The 2001 survey pertains to the accessibility of Web sites.

Department of Commerce Activities

The Office of Information Technology Policy and Planning (OITPP) maintains a set of contacts and coordinates on information technology issues relating to Section 508 of the Rehabilitation Act.  The Department's 508 coordinator resides in OIPR and maintains contact and provides information to the operating unit 508 coordinators.  OIPR supports the Interagency Disability Education Awareness Showcase (IDEAS), which is a yearly event focusing on the latest technologies for those with disabilities.  Within the Office of the Secretary, OIPR coordinates with the Office of Civil Rights on disability issues.