508@HHS

Technical Assistance FAQ's

Scope

Q:	Do clearing houses and resource grantees products, given to the government, need to be 508 compliant? Inquirer was wondering that if products are created by grantees and given to HHS for free use, do the grantees need ot make sure that their products are 508 compliant. Also, if these products are not compliant, is HHS responsible for going back and making them compliant?
A:	Since Section 508 covers the "use" of EIT, generally they need to be made compliant. It is HHS' responsiblity for: Asking for accessible materials in grant funding agreements; or, Retrofitting materials into accessible format

Q:	If products are created or funded by both Government and private industry, for private use, do the products need to be 508 compliant? This question is in line with the previous question, but a slight twist. Inquirer wanted to know that if HHS paid for half of a product to be developed, and the product was not for government use, does the product need to be compliant and is HHS responsible for making sure that the product is compliant.
A:	This is dependent on whether HHS is claiming credit for helping to develop the product, or ever intends to use the product in the future to assist the public or employees. If the answer to the previous statement is YES, then it must be accessible. If not, this may fall under the "contract incidental" exception under Section 508 — contact your 508 coordinator for more information. Best practice is to require any EIT built by or through an agency to be accessible.