Name of Report: The Reauthorization of Rehabilitation Act Published: National Council of Disability - October 1991 Pages: 26-29 Title V: SECTION 508. ELECTRONIC EQUIPMENT ACCESSIBILITY CURRENT LAW: SECTION 508. ELECTRONIC EQUIPMENT ACCESSIBILITY (5081(a)(1) "The Secretary, through the Director of the National Institute on Disability and Rehabilitation Research and the Administrator of the General Services Administration, in consultation with the electronics industry, shall develop and establish guidelines for electronic equipment accessibility designed to insure that individuals with handicaps may use electronic office equipment with or without special peripherals. [508-a](2) The guidelines established pursuant to paragraph (1) shall be applicable with respect to electronic equipment, whether purchased or leased.' The National Council Recommends Number I" That compliance with Section 508 must be mandatory and not voluntary. Rationale: The National Council was very disturbed to learn that the General Services Administration (GSA) is allowing government contractors to voluntarily comply with the mandate of Section 508. With the enactment of the Americans with Disabilities Act, our nation will see a dramatic increase in the numbers of persons with disabilities in the work force. The National Council believes that implementing this section of the law will enhance the implementation of the ADA. Moreover, the National Council is deeply concerned that progress has been extremely slow in developing guidelines to define and implement the concept of accessibility with respect to electronic office equipment. By making compliance with Section 508 mandatory, it is more likely that government contractors will be better able to meet the demands, not only of the federal work force, but also of those new employers covered by the ADA. The National Council Recommends Number 2: Section 508 needs to confirm the requirements for access of all office equipment which the government purchases or leases. The National Council believes that the law should be made more explicit to include all office equipment, computers, software, photocopies, telephones, fax machines, and all devices which have the capability of connecting to other devices. Further, there must be definite timelines for accessibility for each of the categories of devices. Rationale: Current law does not exempt or exclude any category of equipment from coverage. However, lack of definitive federal action has resulted in situations in which today's office workers who are deaf or blind cannot independently use a great deal of office equipment. For example, people who are blind cannot access modern office equipment such as copy machines which have lighted digital read-outs. These individuals also have difficulty with office equipment which is operated by touch pad membrane switches. The National Council strongly believes that the technology to solve these problems exists. For example, liquid crystal display (LCD) read-outs where letters are displayed and flat membrane keypads can be adapted to have tactile or speech output. Likewise, information which is communicated by graphics, pictures, or lights can be transmitted in other formats such as synthesized speech output or audible signals. Since these and other technological solutions exist, manufacturers must be encouraged to build in such alternative capabilities which will enable all persons with disabilities to participate meaningfully in the workplace. Other adaptations, such as single keystroke commands, hooks for additional adaptive peripheral equipment such as one-handed keyboards, braille printers, voice recognition, adapted switches, etc., must also become available. Finally, definite timelines for compliance will assure that persons with disabilities are able to function independently in the work environment. The National Council Recommends Number 3: The coverage of this Section be expanded to include not just the federal workforce, but all recipients of federal funds defined by Title V. This would expand the range of coverage to match other sections which address technology access (Sections 503, 504) in terms of "reasonable accommodation." If the coverage of Section 508 is expanded, then technical assistance to newly covered entities must be provided. Rationale: By expanding the scope of coverage of Section 508, more office environments are likely to become accessible, thus increasing possible job opportunities for persons with disabilities. The National Council believes that the Federal Government should be at the forefront of providing accessible work environments for persons with disabilities. The National Council Recommends Number 4: That the regulations published by GSA regarding accessibility standards be updated every two years. Rationale: There is no question that technology, and especially computer technology, is rapidly changing. For this reason, the National Council feels that it is imperative that regulations implementing Section 508 be updated at least every two years. This will enable the accessibility standards called for in Section 508 to keep pace with the current technology explosion which is taking place across the nation. The National Council Recommends Number 5: Provisions should be added to the Act specifying that, if a government agency purchases office equipment for its own use that does not comply with accessibility guidelines, any competitive bidder for that contract who offered to furnish equipment that met the accessibility guidelines should have the right, through injunctive relief, to assume the contract. This option would not be available to bidders who had not met the applicable accessibility standards. Non-conforming contractors should be barred from contracting with the government for supply of office equipment for three years. The National Council Recommends Number 6: That the General Services Administration improve the education of procurement officers and managers so that these personnel are aware of accessibility features in office equipment and how such equipment may be obtained. Such training might be incorporated into GSA's training program for senior procurement officers. Rationale: Procurement officers are often the critical link between the supplier and the individual with a disability who requires accessible Equipment in the workplace. By effectively training procurement officers, the National Council believes that the implementation of Section 508 will be further enhanced. The National Council Recommends Number 7: That, given the increasing dependence of the computer industry to reliance on graphic user interface (GUI), much greater emphasis must be placed on providing access for persons who are blind or visually impaired. Rationale Persons moth vision impairments experience unique needs in the workplace. without significant -adaptations or modifications, these individuals will remain underemployed. The National Council believes that special attention must be given to the implementation of Section 508 for blind and visually impaired individuals. The National Council Recommends Number 8: Procurement officers, in consultation with GSA, must begin to project their accessibility needs and work with the industry to assure that these needs will be met. Rationale: If Section 508 is to be effectively implemented, it is crucial that the Federal Government begin to carefully and systematically predict its accessibility needs. While the National Council recognizes that technology is always changing, we, nevertheless, see a great deal to be gained from predicting accessibility needs. Such planning may, in fact, become a catalyst for effective accessibility features. The National Council Recommends Number 9: Special consideration must be given to accessing telephone equipment and services for people with disabilities. Rationale: The National Council feels that accessing telephone equipment has not received the attention which it rightfully deserves. For example, how can "Call Waiting" be made accessible for individuals who are deaf? Also, how might "Caller I.D." machines be made accessible for individuals who are blind? These and other issues surrounding the accessibility of telecommunications equipment need to be addressed. Further, while the ADA will clearly play an important role in making the telecommunications industry more accessible to persons with disabilities, the National Council, nevertheless, believes that Section 508 must address these issues, especially in the work place. The National Council Recommends Number 10: While large government purchases are subject to the provisions of Section 508, one witness pointed out that smaller procurements--those generally $25,000 or lower--are able to be obtained under "delegated authority" by government agencies. Other smaller purchases are not necessarily required to meet accessibility guidelines. The National Council suggests that this practice be evaluated, since many government procurements may be much smaller than this amount. Rationale: The National Council recognizes the need to provide some flexibility to procurement officers. However, by permitting small procurements not to be subject to Section 508, many opportunities for accessibility are lost. For this reason, the National Council recommends that the "delegated authority" provision be changed. The National Council Recommends Number 11: The Council on Access to Technology (COAT) be mandated in the law and be given the authority to promulgate regulations under Section 508. Rationale: The Council on Access to Technology (COAT) has proven to be an effective body in assisting persons with disabilities to access technology. For this reason, the National Council recommends that COAT be written into Section 508 and be designated as the body which develops regulations under this section of the Act.