CHIPS Articles: Section 508 of the Rehabilitation Act: What You Need to Know

Section 508 of the Rehabilitation Act: What You Need to Know
By Sherrian Finneran - April-June 2011
Section 508: Why Comply?

It's the law! Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998, requires federal departments and agencies to ensure that electronic and information technology (E&IT) developed, procured, maintained, or used provides: (1) individuals with disabilities, who are federal employees, comparable access to and use of information and data that is available to federal employees who are not individuals with disabilities; and (2) individuals with disabilities, who are members of the public seeking information or services, to have comparable access to and use of information and data by such members of the public who are not individuals with disabilities. Comparable access is not required if it would impose an undue burden on the department or agency. National Security Systems that comply with the definition in section 5142 of the Clinger-Cohen Act of 1996 are exempt from Section 508 requirements.

It's the Right Thing to Do

Consider these statistics from the U.S. Census Bureau regarding people with disabilities: • 29 million (10 percent of the population) are deaf or hearing impaired.
• 11.4 million people have visual conditions not correctable by eyeglasses.
• 6.4 million new cases of eye disease occur each year.
• 2.8 million people are visually handicapped from color blindness.
• 1.1 million people are legally blind. Website Accessibility

Section 508 requires that all website content be equally accessible to people with disabilities. This applies to Web applications and Web pages and all attached files. It applies to intranet, as well as public-facing Web pages. Websites must comply with U.S. Access Board Standard 1194.22 for Web-based intranet and Internet information and applications. In an effort to ensure that Department of Defense websites meet minimum requirements, the office of the DoD Deputy CIO conducts quarterly reviews of DoD component websites. Results are shared with component Section 508 coordinators and website administrators.

Procurement Oversight

The General Services Administration (GSA) is randomly sampling E&IT solicitations posted on FedBizOpps.gov to assess the extent to which solicitations properly consider Section 508 standards. After the assessment, GSA will send an e-mail to the originating agency explaining how the selected solicitation was assessed. Quarterly summaries of the findings are sent to the Office of Management and Budget. Federal Acquisition Regulation (FAR) Part 39, Acquisition of Information Technology, subpart 39.201, states that Section 508 must be addressed in all solicitations to purchase E&IT. The FAR requires agencies to acquire accessible E&IT unless an exception applies, in which case the requiring official must provide documentation to the contracting officer for inclusion in the contract file.

Buy Accessible Wizard

The Buy Accessible Wizard is a tool developed by the GSA to help construct Section 508 standard-compliant requirements and solicitations for E&IT products and services. Additionally, the tool can help you determine whether Section 508 applies to your purchase, and it can even write the solicitation language for you. The Buy Accessible Wizard leads you through a step-by-step process to document compliance with Section 508 standards effectively, consistently and efficiently. The data summary report produced using the wizard serves as a compliance audit trail documenting decisions made concerning relevance, applicability, market research and exceptions as a demonstration of due diligence for compliance. Additional information on the Buy Accessible Wizard is available at www.buyaccessible.gov.

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CHIPS is an official U.S. Navy website sponsored by the Department of the Navy (DON) Chief Information Officer, the Department of Defense Enterprise Software Initiative (ESI) and the DON's ESI Software Product Manager Team at Space and Naval Warfare Systems Center Pacific.

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