IT Accessibility Review

Volume 1, Number 3

IT Accessibility Legal Briefs

McKeon Assistive Technology Bill Becomes Law

On October 25, 2004 President Bush signed into law the Assistive Technology Act of 2004 (H.R. 4278), legislation authored by House 21st Century Competitiveness Subcommittee Chairman Howard P. "Buck" McKeon (R-CA), to expand access to technology for individuals with disabilities.

Passed by Congress with bipartisan support, the McKeon bill will strengthen assistive technology programs by refocusing resources to provide more aid to individuals with disabilities. By directing states to spend the majority of their federal assistive technology grants on activities that directly benefit individuals with disabilities, the Assistive Technology Act of 2004 will help guarantee them greater access to assistive technology. The bill encourages states to invest in programs that have been shown to be most effective in providing assistive technology to individuals with disabilities.

A summary of the Assistive Technology Act of 2004 can be found online at:
http://edworkforce.house.gov/issues/108th/education/at/billsummary.htm.

Justice Department Issues Advance Notice Updating its ADA Standards

On September 30, the U.S. Department of Justice (DOJ) issued an advance notice of its intent to update its ADA standards based on new guidelines that the Access Board issued last July. Under the ADA, the Board first established design requirements for new or altered facilities as a baseline for DOJ´s use in setting or updating the enforceable standards that must be followed. DOJ´s standards must be consistent with the Board´s guidelines.

The DOJ notice submits questions to the public on various application issues, such as how much lead-time should be provided before the updated standards take effect. It also discusses issues concerning existing facilities that are subject to requirements in Department of Justice´s regulations but which are not addressed in the Board´s guidelines except where altered. In addition, the advance notice discusses specific issues concerning certain types of facilities and equipment, miscellaneous matters such as DOJ´s process for certifying state and local codes under the ADA, and information for its use in developing a regulatory impact analysis.

The information sought from the public through this advance notice will be used by the DOJ in proposing a follow-up version that will also be made available for comment before it is finalized. The notice, which includes instructions on submitting comment, is posted on the DOJ´s website at http://www.ada.gov/proposal.htm. The deadline for comment is January 28, 2005. Questions about this notice should be directed to DOJ at (800) 514-0301 (voice) or (800) 514-0383 (TTY).

Micro-Purchase Extension Granted Until April 1, 2005

After April 1, 2005, micro-purchases will be required to conform to the U.S. Access Board Standards for the amended Section 508 of the Rehabilitation Act. Micro-purchases qualify as products or services under $2,000. This decision was announced in the Federal Acquisition Regulation (FAR) on October 5, 2004. No further extension will be issued after the above date.

More about Micro-Purchase Extension