House chair concerned about IT accessibility rules

A House lawmaker who oversees government procurement of technology products on Wednesday praised new rules designed to make the government's information technology more accessible to the disabled but found fault with several specific items in those rules.

"I do have concerns about particular sections of the regulations that appear to be overly prescriptive in defining the type of standard and technology to be utilized," Virginia Republican Tom Davis, chairman of the House Government Reform Technology and Procurement Policy Subcommittee, said at an Adobe Systems event on IT accessibility. Davis said the rules should give industry more flexibility to implement market-driven solutions.

At issue is Section 508 of the Rehabilitation Act of 1973, which requires that all federal agencies make their electronic and information technology accessible to the disabled. The rules to implement Section 508, which were drafted by the U.S. Access Board, took effect Dec. 20 and must be implemented by June 20. The Bush administration has signaled support for the rules.

While Davis praised the rules as significant progress, he expressed concern that industry faces two sets of standards in some cases. He further said the specific criteria in certain instances are "contrary to what Congress and government have been asking procurement officials to do in recent years"--to focus on outcome, not just process.

David Capozzi of the Access Board defended the rules as striking a balance between specificity and flexibility. But he acknowledged that "there is always room for improvement."

Bartlett Cleland, vice president and counsel for the software division of the Information Technology Association of America (ITAA), said ITAA has backed Section 508 despite some industry complaints. The association is working to educate companies on what they need to know by the June deadline. To get industry on board, he said, "it's helpful to have a whip in one hand and a carrot in the other."

Cleland noted that although Section 508 does not impose any direct requirements on the private sector, it does set technological standards for the high-tech industry's biggest customer, the federal government, and that effectively changes the entire industry. "Industry's not going to make two products," he said.