On March 31, the Architectural and Transportation Barriers Compliance Board (Access Board) proposed new standards that would require the government to ensure that information provided through government use of electronic and information technology (E&IT) is accessible to both federal employees and private citizens with disabilities. For example, multimedia presentations that contain video programs also would have to provide closed-captioning for the deaf and would have to convert visual information to speech for visually-impaired users. In 1998, Congress amended the Rehabilitation Act and strengthened provisions covering access to information in the federal sector. As amended, Section 508 of the Rehabilitation Act requires access to the Federal government's electronic and information technology. When federal agencies develop, procure, maintain, or use electronic and information technology, they must ensure that the equipment allows federal employees with disabilities, and individuals with disabilities who are members of the public seeking information from a federal entity, to have access to and use of information and data that is comparable to the access to and use of information and data available to their colleagues without disabilities, unless an undue burden would be imposed on the agency. The law directs the Access Board to develop access standards for this technology that will become part of the federal procurement regulations. 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 standards would cover technology procured by the federal agency under contract with a private entity. However, this would apply only to those products directly relevant to the contract and its deliverables. The standards do not apply to technology that is incidental to a federal contract. Thus, those products that are not specified as part of a contract with a federal agency would not have to comply with the standards. The law covers all types of electronic and information technology in the federal sector and is not limited to assistive technologies used by people with disabilities. The Access Board proposal states that the purpose of Section 508 is to introduce accessibility features into mainstream E&IT products purchased by the federal government "to reduce the need for individual, customized accommodations and to make those accommodations which are still needed more efficient and easier to implement." It also notes that, in order for a product or system to be fully accessible, the information about the product and product support services also must be accessible. Exemptions to the procurement standards would be allowed for national security reasons and if compliance would impose an undue burden on an agency. Telecommunications or information systems involving the use of intelligence or other national security activities (command and control of military forces, equipment that is integral to a weapon system, etc.) are excepted, but software used for administrative functions, such as payroll, ordinary telephones, etc., would be subject to the accessibility requirements. "Undue burden" has been defined in the Americans with Disabilities Act (ADA) and other civil rights legislation as "significant difficulty or expense." However, the agency must explain why meeting the standards would pose an undue burden for a given procurement action, and must still provide people with disabilities access to the information or data that is affected. The proposed standards would apply only to the procurement of E&IT that is now commercially available, or that will be commercially available by the time that delivery is required, or that is developed in response to a solicitation. This is a change from the report of the EITAAC report released in May 1999, which did not have this limitation in its recommended standards. The proposed standards were supposed to have been issued by February 7th and are mandated to take effect on August 7, 2000. Because of the delay in publishing the proposed standards, the Access Board is considering making the final standards effective six months after publication in the Federal Register (September 30th). The Access Board said this will give federal agencies an opportunity to more fully understand the new requirements and will allow E&IT manufacturers time to ensure that their products comply with the standards. The Access Board is seeking comments on the advisability of making the standards effective six months after publication. This action would not affect the right of individuals with disabilities to file complaints for E&IT procured after August 7th, since that right is established by the statute. The need for clarification of this contradiction has been noted by the Board.

• View Attorney General Janet Reno's April 18th Speech on Disability Access