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December 2001
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Section 508 breaks down barriers

According to U.S. Census Bureau statistics, 54 million Americans have disabilities, and of that number, 32.1 million are of working age. To ensure that barriers, which impede access to electronic information and technology (EIT) for the disabled are eliminated, Congress amended the Rehabilitation Act in 1998 to significantly expand and strengthen the technology access requirements.

Section 508 affects everyone - the public (importers, carriers, customhouse brokers, passengers, etc.) as well as Customs employees, supervisors, Web designers, manufacturers of electronic equipment, and procurement officials. The law requires that federal agencies purchase (and develop) electronic equipment that is accessible to those with disabilities. It applies to office computers, telephones, photocopiers, fax machines, and other electronic equipment. These new guidelines are incorporated into the federal acquisition regulations.

photo of hand typing on a computer keyboard
Additionally, Section 508 applies to all Web sites. Federal agencies must provide equal access to electronic media including text and non-text images such as flow charts, tables, graphs, PDFs, and photographs. For example, authors must provide written descriptions of non-text images before the information can be posted to any Web site. Jeff Smith, Customs Webmaster, explains: "Compliance with EIT accessibility standards is mistakenly viewed as having only a technical solution. In order to serve the intended audience effectively, content creators and technology providers must work together to provide accessible information; both must remain focused on the message, not the technology."

There are, however, certain exceptions to Section 508 including micro-purchases (one-time, open market purchases of $2,500 or less) made prior to January 1, 2003. However, for these micro-purchases, buyers are still required to comply in the meantime to the maximum extent practicable. Other exceptions include EIT used for a national security system; acquired by a contractor incidental to a contract; or located in spaces frequented only by service personnel for maintenance, repair, or occasional monitoring of equipment. An agency may consider an item an "undue burden." However, in these instances, the supporting information must be able to survive protests and litigation challenges. In addition, even if the undue burden is justified, the agency is required to provide alternative means of access that allow the individual to use the information and data.

Meeting the challenge of effectively implementing Section 508 requires commitment, cooperation, and support from all Customs offices. Most of us take for granted our ability to access information via electronic media such as using the telephone, making photocopies, and reading e-mails or Web pages. "Section 508 provides a tremendous opportunity for Customs to improve our products and services to all of our employees and customers," says S.W. Hall, Jr., Assistant Commissioner for the Office of Information and Technology and Chief Information Officer. "Compliance with Section 508 is more than a legal requirement. It's the right thing to do and it makes good business sense."

One strategy for implementation of Section 508 is to pool resources and expertise. The Department of the Treasury has recently initiated a partnership with the Department of Defense's Computer Electronic Accommodations Program (CAP). The program is designed to provide assistive technology, devices, and services to any federal partner. "Becoming a partner in CAP will provide Customs with an excellent opportunity to be at the forefront in obtaining the best possible technology solutions for persons with disabilities," says Linda L. Batts, Special Assistant to the Commissioner (EEO). CAP's ability to assist in providing reasonable accommodation is part of a larger Rehabilitation Act strategy, which focuses upon the needs of the disabled population. All of Customs is engaged in this effort which includes, providing reasonable accommodation, ensuring access to facilities where Customs employees are located and where Customs conducts business, as well as implementing enhanced recruitment, retention, and hiring programs and addressing disputes initiated under the Act.

Rehabilitation Act
  • 1973 - Congress passes Rehabilitation Act to: (1) empower individuals with disabilities to maximize employment, economic self-sufficiency, independence, and inclusion and integration into society; (2) ensure that the Federal Government plays a leadership role in promoting the employment of individuals, with disabilities, especially individuals with severe disabilities, and in assisting States and providers of services in fulfilling the aspirations of such individuals with disabilities for meaningful and gainful employment and independent living.
  • 1986 - Section 508 added to Act to eliminate barriers to electronic and information technology
  • 1998 - Section 508 amended to strengthen technology access requirements

IT accessibility team and 508 sources
Customs has established an IT accessibility team, consisting of representatives of major providers and users of electronic and information technology throughout Customs, to facilitate the implementation of the law. Members of the team and their contact information are posted on the Customs Intranet (http://customsnet). The site contains links to the federal accessibility standards, Treasury's Section 508 Web site, educational materials, and technical guidance.

For additional information on Section 508, check out the following Web sites:

Section 508 accessibility standards cover:
  • Software applications and operating systems
  • Web-based Intranet and Internet information and applications
  • Telecommunications products
  • Video and multimedia products
  • Self-contained, closed products (e.g., copiers, kiosks, and fax machines)
  • Desktop and portable computers
  • Information, documentation, and support (provided to end users of covered technologies)

Section 508 applies to:
  • Electronic and information technology (EIT) acquired through any contracts awarded on or after June 25, 2001
  • Task or delivery orders placed on or after June 25, 2001, irrespective of the award date of the underlying contract
  • Upgrades of EIT supplies and services for the purpose of adding new features or functionality
  • New contracts for legacy systems
  • Orders against UNICOR, NIB/NISH, and Economy Act sources
  • Overseas acquisitions unless the procuring agency has a legislative exemption to the federal acquisition regulations overseas

Section 508 does not apply to:

  • Taking delivery for items ordered prior to June 25, 2001
  • Contracts awarded before June 25, 2001, including option year renewals
  • IDIQ contracts (including FSS, GWACS, interagency agreements, etc.) provided that requiring and ordering activities ensure 508 compliance prior to placing an order or documenting an exception
  • Within-scope modifications of contracts awarded before June 25, 2001
  • Exercising unilateral options for contracts awarded before June 25, 2001
  • Multi-year contracts awarded before June 25, 2001
  • Subcontracts


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