Section 508 of the Rehabilitation Act, as amended by Public Law 106-246, July 13, 2000, codified at 29 U.S.C. § 794d, requires, in part, that agencies acquire electronic and information technology (referred to in the Act as "EIT") which meets the Act’s requirements for agencies to provide a level of accessibility to agency information to the disabled which is comparable to that available to the non-disabled.  The Act did not set forth specific technical standards. Instead, an independent Federal agency named the Architectural and Transportation Barriers Compliance Board (referred to as the "Access Board") established accessibility standards. These standards, along with an explanatory preamble, were published in the Federal Register, as a final rule, on December 21, 2000 (65 Fed. Reg. 80499). The standards are codified at 36 C.F.R. Part 1194, "Accessibility standards established by the Section 508 Access Board."

Effective June 30, 2001, the Federal Acquisition Regulation was amended to require Federal agencies to implement Section 508 during the acquisition of electronic and information technology.  The new requirements are at FAR Subpart 39.2.  Agencies have begun to request certifications of 508 compliance from vendors with their proposals.  Vendors seeking to sell EIT to the Government need to assess their product's compliance with the Access Board standards and be prepared to address agency questions regarding their status during the procurement cycle.

The attorneys of Petrillo & Powell are experienced in interpreting the requirements and intricacies of  the Access Board standards.  We have recently counseled a number of clients regarding the compliance status of their products and assisted them in interpreting the standards in relation to their specific product lines.